104 100 60591 https://digital.lib.buffalo.edu/files/original/a8d12d10b3c7c35c4afacf87de8d2b86.pdf 782c6e38cc60723deea324b771e83fd7 PDF Text Text THE \ \ ' \ '(CP I \ / I Volume 38, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 4, 1997 Del Cotto to receive Jaeckle award at UB Law convocation By Ilene Fleischman, Special to The Opinion Law students are invited as guests of the UB Law Alumni Association when Louis A. Del Cotto, professor emeritus at the University at Buffalo School of Law, receives the 1997 Edwin F. Jaeckle Award-the law school's highest honor­ during a luncheon to be held at 12:15 p.m. on Saturday, Nov. 8, in the Hyatt Regency Buffalo. · Del Cotto will receive the award fol­ lowing the law school's 22nd annual Alumni Convocation. Students should sign up in the alumni office, room 309 O'Brian Hall, by November 3rd. "It's a wonderful opportunity for stu­ dents to network with our alumni," ac­ cording to Assistent Dean Ilene Fleischmann. "I hope they take advantage of the generosity of the Alumni Associa­ tion." The award, named for .Edwin F. Jaeckle, a 1915 graduate of the law school, is given annually to an individual who has distinguished himself or herself and has Louis A. Del Cotto, AwardReceipent made significant contributions to the law school and the legal profession. Recognized as one of the nation's top tax authorities, Del Cotto graduated from UB law school in 1951 and prac- Family Violence Clinic awarded grants by Rochelle D. Jackson, Editor-in-Chief The Family Violence Clinic has money to spend thanks to the grants it was recently awarded. TheClinicreceived$50,000inmem­ ber item funds from Senator Mary Lou Rath's office and a $75,000 STOP Vio­ lence Against Women Act grant from New York State Department of Criminal Justice Service. According to Professor Sue Tomkins, who headed and was instru­ mental in the grant proposals, "I knew that when the Violence Against Women Act was passed in 1994 there would be funding available." Tomkins began work­ ing on the grant proposals and continued to do so over the next two years. The Clinic, which is in its sixth year, wac; established to provide legal assis­ tance to domestic violence victims, en­ hance the academic experience of law students and to increase the number of lawyers sensitive to the issue. "Over the past four years we have developed written protocols and assisted in developing community coordinated re­ sponse projects," Tomkins said. Under staff supervision, clinic students assist in protocol development for police depart­ ment and courts. Additionally, in the pac;t students have developed a training video for law enforcement and health profes­ sionals working with domestic violence victims. "Last spring I began to think about establishing the Family Violence Clinic as a regional resource center offering legal assistance throughout the western region of New York State," Tomkins said. It was also during the spring se­ mester that Tomkins began traveling with Matthew Murphy, a district attorney for Niagara County, in an attempt to gain local support. Tomkins said Murphy was confident that District Attorneys in other counties could benefit from the Clinic's work. Subsequently they were successful in establishing the Clinic as a resource center for the 8th Judicial dis­ trict of New York State. According to Tomkins, "Professor Mangold and Dean Olsen were also es­ sential in helping to gain support from local counties." The Clinic will provide technical assistance and materials tailored to the needs of each county. "In some of the counties it may be helping them develop a task force or setting up meetings with court personnel. It depends on the county." The grants will allow the Clinic to hire a part-time instructor who will be­ gin in the Spring semester and will fund additional computer equipment. "I was very excited when I learned the Clinic had been awarded these grants. It's a wonderful opportunity for the Univer­ sity to share resources with those com­ munities," Tomkins said. ticed for a decade with the Buffalo firm of J aeckle, Fleischmann, KeJiy, Swart & Augspurger. In 1955, he became a partner in the firm now known as Jaeckle, Fleischmann & Mugel. Several years later, Del Cotto re­ turned to academia, earning a master's degree in law from Columbia Univer­ sity. He joined the UB law faculty in 1961. He was influential in broadening and shaping the school's tax curriculum and taught thousands of students the intricacies and policy behind the tax codes. He is regarded by former students as an extremely effective teacher, role model and mentor. Nationally respected as a scholar, Del Cotto collaborated with top experts on the five-volume treatise on Federal Income Estate and Gift Taxation. From 1~81 until recently, he was tax counsel with the Buffalo firm of Kavinoky & Cook. The convocation program, to run from 8:30 a.m. to 2:30 p.m. in the Hyatt, will focus on recent developments in tax law, matrimonial procedures, supplemen­ tal needs trusts and jury selection. Law Students are also welcome to attend this program. Scheduled to speak are Ann B. Bir­ mingham, a vice president and senior trust officer, Marine Midland Bank; John F. Canale, a senior partner with the Buf­ falo firm of Bouvier, O'Connor; Peter J. Fiorella, Jr., a partner in the Buffalo firm of Fiorella & Palmer; the Hon. Barbara Howe, New York State Supreme Court justice for the Eighth Judicial District and an adjunct associate professor of sociology at UB; Kenneth Joyce, SUNY Distinguished Professor in the UB School of Law, Patrick C. O'Reilly, a senior managing partner with the Buffalo firm of Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, and the Hon. Nelson Cosgrove, New York State Su­ preme Court justice for the Eighth Judi­ cial District. Outlaw holds silent vigil by SA. Cole, News Editor On Wednesday, October 8, VB Law's Queer/Allies group, Outlaw, held a silent vigil in the North Campus Stu­ dent Union. Stationed just outside an office where military officials were con­ ducting recruitment interviews, the group sealed their lips with tape, and mutely distributed flyers detailing the reason for their vigil. The silent vigil was held to protest the military's "Don't Ask Don't Tell policy;" which has been in effect since 1992. The flyers handed out during the protest explained the taped-shut mouths of Outlaw members as an analogy to the enforced silence of homosexuals in the military. Flyers were given to both passersby and law students approaching the pro­ testers on their way to a recruitment interview. The flyers stated that, "The military has consistently violated the policy by asking and pursuing with the following result: The Department of Defense has discharged more service members under its Don't Ask Don't Tell policy in fiscal year 1995 than in each of the past four years!" "We chose to a silent vigil directed at the military while the military was on campus so they wouldn't become com­ placent in the Don't Ask, Don't Tell Policy," Kristin Long, a participant ex­ plained after the vigil. According to Long, last Fall Con­ gress enacted a provision aimed at with- holding federal funds from schools with "anti-military policies." When the mili­ tary is denied access on campus, it can direct the Department of Education to withhold federal funds. These funds may include workstudy and Perkins loan, to name a few. "This is a huge tool the military can hold over a school's head. Two of the schools which refuse to remove the ban have had some student-aid funds cut," Long said. "Outlaw was trying to bring the issue to the forefront but in a way that didn't deny applicants an opportunity to inter­ view," Long said. The protest began at 10 a.m. and continued for the duration of the interviews, until 2 p.m. Outlaw members studied and distributed flyers and the vigil went unmarred by backlash or counterprotest. HIGHLIGHTS Studentexamines competition in LawSchool......................... pg.2 BPILPfellowsshare summerexperience ................... pg.3 Comparing UB'sWebSite to otherlawschools.................. pg.4 �EDITORIAL THE OPINION 2 IHf OPI Volume 38, No. 5 ION Founded 1949 1'1 Letters to the Editor November 4, 1997 Dear Editor, Rochelle D. Jackson Editor-in-Chief Cindy Y. Huang Managing Editor •---------STAFF---------• Business Manager: News Editor: Copy Editors: Photography Editor: Editorial Editor: Joe L. Huang S. A. Cole Enrique Benitez, Michael Bordera Richard Ramdin Fidel Gomez Senior Editors: Tony Cao, David Hoffman, Kristin Greeley, The Opinwnis a non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper of the State U niverstty of New York at Buffalo School of Law. Copyright 1997 by The Opinion, SBA Any reproduction of materials herein is stnclly prohibited without the express consent of the Editor-In-Chief and p1ecewri1er. Suhrrussion deadlines for letters 10 the editor and Perspectives are 5 p.m. on the Wednesday preceding puhltcatton. Advertising deadlines are6 p.m. on the Thursday preceding publication. Submissions may either he mailed to The Opinion, or dropped off outside of the Opinion office in thehasement of O'Brian Hall, Room 7. All copy must be typed, single-spaced, andsuhmilled on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part of a dialogue and must be no more than one page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned subrruss1ons. We will return your disks to your campus mailbox or to a private mailbox if a self. addressed stamped envelope is provided. TheOpinionis dedicated to provjde a forumforthefreeexchange ofideas,therefore notanthevjewsexpressed iuthisnewspaper arenecessarily thoseoftheEditors orStaffof TheOpinion, EDITORIAL: November 4, 1997 It's time to rai e some issues for discussion on these op-ed pages, and I rarely shy from an issue, so here goes. At this point in this semester, it's difficult to say that you've not heard someone going on and on about how so-and-so didn't make Law Review, or so-and-so made the Moot Court Board, or team, or so-and-so gottwo D's(or alternately, 5Hs). Though UB strives to be non-competitive, compe­ tition abounds. Healthy competition is good, and may drive someone to stay up until 3:00 a.m. finishing a Jessup brief, or working round the clock on a client's case to impress a partner. The end product, a polished, well-conceived piece of work is the positive output of such competition (not, however, how impressed the part­ ner, or your colleagues are). The negative aspect of competition, and the reason that I believe UB discourages it, is its resultant denigration of others who choose not to do the things that you do. For example, I've recently heard talk that it meant very little for some to have received offers to join the staff of In the Public Interest, (Buffalo's Public Inter­ est Law Journal) because they concur­ rently received an offer from the Law Review. Til.isthinking is both destructive and flawed. First of all, the competition for both publications (and probably the other journals, as well), was stiff this year. There were many fine casenotes submit­ ted, and In the Public Interest took only those its Executive Board wanted to take, based on commitment, skill, and effort. Secondly, to believe otherwise is to deni­ grate your colleagues, who have done a tremendous amount of work on the jour­ nal; and to bestow on Law Review mem­ bers some kind of misplaced reverence. At UB, like most every other law school, those on the Law Review are con­ sidered the "cream of the crop," and many law firms refuse to interview anyone with­ out that designation on his or her resume. At base, "making Law Review" means that such a person had the desire, and the time, to invest a certain amount of time and effort on writing a clean, clear casenote. Likewise, "making the team" in a moot court activity, a highly prized accomplishment, signifies, at base, hav­ ing placed tremendous effort in the pur­ suit of that activity. Unfortunately, what this kind of valu­ ation does is erase from the board your colleagues who place value on a whole host of things outside O'Brian's walls: the pursuit of a dual degree, legal or activist work outside of the law school, or working to be a splendid parent. None of these activities alone, just as membership on a journal or law re­ view, or moot court board or team, will automatically translate into making you a good attorney-or more importantly, making you a good person. Inflated . pride and its accompanying upward turn of the nose, often directly results in the opposite. If this loftier goal of seeking to value people a<;rightful indi­ viduals regardless of !heir law school activities and honors doesn't strike a chord, maybe self-interest will. One thing that we all must remember, present writer included, is that your colleagues here may very well be your colleagues "out there," and if we disrespect one another here, no one will have the shield of our law school "titles" and "honors" to hide behind as new attorneys. Sincerely, Corinne A Carey 3L The Opinion Staff would like to apologize to our readers for the mistakes found in the last edition. Thank you for your continued interest. The Opinion welcomes your submissions. It matters. The Opinions you want to hear. If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not he longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not he longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. �-· November 4, 1997 THE OPINION NEWS/FEATURES 3 For the Public Interest More stories from the BPILP Front Summer 1997 Fellowship Exp~riences For the Public Interest is a column submitted hy the Buffalo Public Interest Law Group (BP/LP). It is designed to educate the community of the many facets of Public Interest Law. This is the second installment of a two-part series describing the experi­ ences of the Buffalo Public Interest Law Program's Fellows of Summer 1997. BPI LP wishes to encourage all law stu­ dents to attend our meetings, explore public interest law opportunities, and learn from past fellows who have done some fascinating work in the field of public service with an extraor­ dinary variety of institutions. Theresa Cusimano. Theresa was one of the direc­ tors of BPILP last year. She spent her summer working for the Na­ tional Institute for Citizen Education and the Law (also known as Street Law, Inc.). She obtained this position through the NAPIL career fair. The mission of Street Law is to facilitate the education of citizens regarding the law, bringing concepts like basic human rights and principles of democracy to high school students and underprivileged popula­ tions throughout the country. Education and law being Theresa's two main inter­ ests, this job was tailor-made for her. She worked on the Supreme Court Insti­ tute, briefing 1996-97 Supreme Court decisions for use in exercises by high school history teachers. She even met Justice O'Connor and privately toured the Supreme Court. Arthur Wemegah. Arthur worked for Legal Aid Bureau of Buf­ falo, Criminal Appeals Divi­ sion. His first experience with the Bureau was through a UB externship. His main responsibilities were to research the issues for criminal appeals cases and write the appellate briefs.· He argued one cases last week before the Appellate Division in Roch­ ester. He also wrote memos for various other cases. Arthur found the real-life experiences to be very exciting and re­ warding, and the attorneys to be helpful and supportive. He highly recommends this internship. Jay Ovsiovitch. Jay had a BPILP/ Buffalo Human Rights Law Review co­ op and interned at the Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University, located in Kampala, Uganda. He researched the implementation of economic, social and cultural rights focusing on the rights to hous­ ing and educa­ tion. Other ac­ tivities included training HURIPEC in­ terns before they went out into the field, working on a prison project which would test constitutional norms on behalf of prisoner's ~ights and educate the public about issues involving Ugandan prisons, attending governmental meetings on be­ half of the organization, and helping to edit the East African Journal of Peace and Human Rights. Kate Verge. Kate had a BPILP/ Domestic Violence Task Force co-op. She worked at the Niagara County Do­ mestic Violence Intervention Program. She was exposed to both family and criminal courts in Niagara County. Most of her representation of clients dealt with temporary and permanent restraining or­ ders. She also did research for the Do- Jessup International Moot Court Board 1997-1998 Regional Team Kevin C. Clor Janette Cortes Elizabeth Garrigan Brendan J. Reagan Nancy B. Saunders New Associate Board Members Jack G. Barone Michael A. Bordera Vicki-Lynn Toscano-Cantaffa Janette Cortes Elizabeth R. Garrigan Fidel E. Gomez Tonya E. Guzman Antoinette Mucilli Michael B. Santa Maria Daniel E. Sarzynski mestic Vio­ lence Coali­ tion and par­ ticipated in team meetings to improve the Coalition's presence in the community. Kate also served as the liaison to the Assistant District Attorney. She conducted pre­ trial discovery for domestic violence cases, and assisted with all additional aspects of the trial process. - �4 THE OPINION NEWS/FEATURES November 4, 1997 UB Law's Web Page v. The Rest by Russ Klein, Columnist It's time to face up to the fact that we are now in the midst of the "information highway" era. One of the first and most important impressions any prospective law student gets now of a law school can very easily be from the way the law school presents itself on the world wide web. So, it would be useful to compare how some typical law school web pages stack up to each other, and compare to UB. Harvard Law School's Web Page The very name Harvard Law evokes an image in most people's minds of a school that is the cream of the crop. Harvard Law's web page (http:// www.law.harvard.edu) does its best to support this image. The first picture one sees on the web page is of the law school. The web site itself is packed with infor­ mation, and provides useful links to all things one would want to see, including their library. From the library page, for example, you can access the vast resources Harvard has to offer, and by searching the web site a little bit, you can even be taken on an on­ line tour of all the law school buildings in Harvard. All in all, the sort of class one would expect from a school with the sta­ tus of Harvard is embodied in their web page. Columbia Law School's Web Page While Harvard evokes images of top notch class, my Grandfather always spoke of Columbia as being a school of radicals. Whatever its reputation, I've always viewed it simply as a school in New York City, and this shows on its web page (http://www.columb!a.edu/cu/law). by Kristin Greeley When entering the main page, one is pre­ sented with four different images that rapidly change. Presumably, this is so you can get a lot of different views of the school and the community. But its main effect on me was just to give me a head­ ache. I was aching to find a link to check out, just to get off this main page. Once you finally got past the annoying pictures, you are presented with a selection and layout that can only be described as top notch. Boston University School of Law Now here is something different. Boston University's web page (http:// web.bu.edu/law), unlike Harvard and Co­ lumbia, does not try to convey an air of glorious history -- yet it manages to show the school in a distinctive light. On the other hand, it also does not have a great many links, although it has enough to at least get a basic sense of the school. The links to the library allow you to peruse their catalogue on-line, once you jump through a few hoops. All the information is there -- you just have to figure out where it is all hidden. All in all, a good web page with­ out all the pomp and circumstance of Harvard. University of Denver School of Law The University of Denver (http:// www.law.du.edu) web page is different, in a subtle, though peculiar manner. The page has all the right pictures, that convey an image of Colorado that many of us have in our minds -- a place of sheer natural beauty and lots of skiing. But interestingly, the background of many of the pages is grey. This alone makes the text a lot easier to read. On the other hand, it makes the pictures look very uninte­ grated, as if they had been tacked onto a ph~to album. In terms of the information pre­ sented, it contains many of the same links of the other school's web pages, and presents them in a reasonable order. The library web pages are fairly informative, and provide you links to many useful tools, except it has one critical thing miss­ ing -- access to its library catalogue. University of Utah College of Law From the very beginning, visiting the University of Utah College of Law's web site (http://www.law.utah.edu), one gets the impression that this site was designed by real professionals. While the other sites merely look good, this site looks top notch, right away. The obliga­ tory picture of the law school is there, with all the links one could ever want on the right, and a separate link to the library on the left. The library section of the page is very thorough and contains informa­ tion that the other pages did not. One thing on this web page that is not so evident on all the others that I checked out, is that this web page has its very own search engine, so you could search the web site for any information you would need, if you couldn't find it through their easy to follow lay out. One would think that more web sites would have this handy feature, but this is not the case. University at Buffalo School of Law Finally, its time to look at our very own web page. Our web page (http:// www.buffalo.edu/law) is a very different site. It is a lot plainer than the others, yet My Spleen it at least looks distinguished. The intro­ duction page is plagued with the same problem I had with Columbia's web page -- the rapidly changing photographs (though there is only one on this page, whereas Columbia had four different pictures that changed). The pictures on the front page, is focused on the diversity of students that go to school here. Many of the pages have frames, which is something many users find pretty annoying. The site itself contains most of the information one could want to know about the law school and its new curriculum. To the web site's credit, there is a search engine. However, im­ portant information regarding the com­ munity surrounding is not so easily lo­ cated on the web site. Conclusion From looking at the web pages, it is clear that some web pages are better than others at conveying their message. How­ ever, this is not to say that the others are not good. The University at Buffalo's School of Law web page is a respectable page, and a lot better than others that I lookedat(anddidn'treviewhere). How­ ever, it is still lacking in some regards, and it is not in the same league with a web page like the University of Utah Collage of Law. In this brief comparison of UB to other schools, I would have to say that Utah's web page is the hands down win' ner, with the other pages coming in not too far befiind. People looking at UB's web page will still get a good view of the school, and would not be dissuaded from apply­ ing here. However, it is not going to win any awards any time soon. Columnist 'Tis the Season Wednesday, October 1, was one of my favorite days of the year. No, I don't have any great love for the month of October and the cooler weather and fall colors it brings. No, October 1st is not my birthday. (June 29 is my birthday. Late June is the best time to have a birthday - you get presents every six months. But I digress.) October 1 was the beginning of the 1997-98 National Hockt:y League season. It was a great day for hockey, as Badger Boh would have said. Yes, I am a woman, and yes, I love hockey. I can spell "Vanbiesbrouck." I can name all of the Sutter brothers (Brent, Bryan, Darryl, Duane, Rich and Ron), although I cannot tell you what each is doing right now. But I'm not even sure their parents could, either. I know what offsides is. 1 can't define "icing," but I know it when I see it. (Sound familiar, anyone?) I'm not sure why I like hockey. It's an awfully brutal game. The players are usually missing some of their teeth and are likely to have stitches or a black eye. And most of them are a couple of goals short of a hat trick, if you know what I mean. (This doesn't mean that the thought, "Damn, he's kinda cute," never crosses my mind while watching hockey, though.) Anyway, I thought I'd take this op­ portunity to voice some of my thoughts on the new st!ason for your reading plea­ sure. 1 don't profess to be a hockey guru as Don Cherry or Stan Fischler do, so please bear with me if some of my obser­ vations seem a bit inane. Let me first start right here in our own backyard. With the Pat Lafontaine situation, of course. Do Larry Quinn, Darcy Regier, and Lindy Ruff have maca­ roni and cheese for brains? I think so. They got rid of one of their best players, allegedly because they didn't think it was safe for him to play. Who are they trying to kid? They got rid of him bt!cause ht! had a $9 million contract, for which tht! Rangers assumed full liability. Their team won't nt!ct!ssarily suffer bt!cause they're used to not having Lafontaine around anyway, but I still think it was a bad move. It certainly doesn't win them any points with the public. But why am I complaining? I'm a Rangers fan ... I won't even address the Ted Nolan situation. Tht! Sabres wert! just plain wrong. Why do they think they were so successful last season? Obviously, they think it's because of Hasek more than Nolan, and they may be right. But the phrase "prim a donna" does cross my mind. And how 'bout them Rangers, start­ ing off the sea,;on with four ties. Leave it to the Rangers to be the first ones to accomplish that feat. And Lafontaine is doing very well, thank you. I haven't rt!ally had a chance to get a good look at my Rangers yet because EVERY RANG­ ERS GAME ON THE MSG NETWORK ISBLACKEDOUTINBUFFALD. What is tht! point of paying for cable, I ask you? And no, I don't miss Messier. My take on the whole situation is that he was cranky because they didn't want to pay him as much as Gretzky. And well they shouldn't. I hope he's happy in his new shark-embla­ zoned uniform and with his fatter wallet. Now onto romper room. That can only mean one player: Eric Lindros. Lindros is undoubtedly a very talented playt!r. So why does he have to play like such a goon? He's like a cross between Mario Lemieux and Ulf Samuelsson. He takes at least one cheap shot at somebody much smaller than him each game. I don't believe this crap about him being only 6'4" and 229 lbs. He must be bigger than that. So pretty much everyone is smaller than him. Why don't they sus­ pend the big oaf'! Teach him a lesson, for once. Because he'd cry, that's why. I swear, every time 1 see him intt!rviewt!d, ht! seems like he's on the vt!rgt! of tt!ars about something. It's nice to see a man who is able to show his emotions, but he's almost pathetic. I don't care if he was voted Ont!of People's "Fifty Most Beau­ tiful People" in 1993. I almost forgot about Lemieux. He will surely be missed. I give him a lot of crndit, though. He wa,; able to walk away from the game on his own terms, and did so with class. He knt!w it was time to go, if ht! ever wanted to have a normal life after his career was over. I wonder what he would have been like if there had been no back injury and infection, no Hodgkin's disease. I truly think he could have been the better than Gretzky. He's still number two all-time in my book. (Howe's three.) He left the game when he did because ht! knew that as great a game as hockey is, there arn things that are more important. It is just a gamt!. Most hockey analysts (not that I'm really one of them) make predictions about which tt!am they think will win the Stanley Cup each year. And many of them art!just plain wrong each year. So I'm not going to do that. I can't really give my opinion because I haven't seen each team play yet, we're really not that far into the season, and things can change quickly. Tht! playoffs often bring at least a couple of surprises, too. Speaking of surprises, I've got a surprise for all of you. This column does relate to our law school experience. I commend to you for your reading plea­ sure Probert v. INS, 954 F.2d 1253 (6th Cir., 1992). This is one' of a series of cases involving Robt!rt Alan (a.k.a. "Bob") Probert and his attt!mpt to bring cocaine into the U.S. from Canada. This particular case is a good summary of the whole situation, for those of you who may have bet!n confused. So those art!my thoughts on hockey. For now, at lea'it. Oh, I almost forgot - Potvin sucks. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-11-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 04.11.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/4/1997 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d5d3280fe7a062f9e41c66daeea1bc32.pdf e8e89497f2521edc08052520f4dcb49a PDF Text Text ..... .,,.;""·. r~:~~t~t. .~~t ,f,, ·.~.:_., .·] ............. .i ··; >t ~ 1 .. ... :;;;,;•' ,ii;!\ . . ~,... "?.: >. • ' !;;S;;~·.., . .,_ ~~-~(~~ :·, Vol. 38, No. 6 "Vi veri veniversum vivus vici. " DEAN BOYER RESIGNS 02.02.98 POST byCindyYHuang attention to making sure their welfare was in the right hands. In an unexpected announcement last month, Dean Barry Boyer revealed that he would be resigning as dean of UB law school at the end of July of this year. His decision came after a meeting with University at Buffalo's Provost, Tom E. Headrick, which ended amicably. Dean Boyer realized that the position as dean of the law school required a full-time commitment. Without any hesitation, he admitted that he would no longer be able to completely dedicate his time to acting as dean. Apparently, Dean Boyer made his decision to resign after spending time with his family during the Thanksgiving break. He noticed that his parents were not as mobile as they used to be and needed him to be there to take care of them. As a result, Dean Boyer decided that he wanted to devote more of his time and Provost Headrick has already initiated the establishment of a search process. He is currently in the midst of consulting with both University at Buffalo's continued on page 4 Johnny Cochran Will Speak to Buffalo Law Students by Sol Sandberg State, Assistant Attorney General, In-Charge, Harlem Office; Jus­ tice Samuel L. Green, the New York State Supreme Court, Appel­ late Division, 4th Department; Robert Johnson, Bronx District At­ torney; Theodore Shaw, Associate Director, NAACP Legal Defense Fund, Inc.; Justice George Bundy Smith, New York State Court of Appeals; Tina Stanford, Assistant District Attorney, Erie County. Johnnie L. Cochran, Jr, the famed attorney for OJ Simpson, will visit Buffalo to speak with law students on February 6. Cochran's visit is part of the 30th annual regional conven­ tion of the National Black Law Students Association to be held at the Buffalo Hilton Hotel from February 5 to February 8. The theme of this year's convention is Leading the Way Today For Tomorrow: Excellence, Service, Professionalism. The cost for attending Cochran's speech is $30. The speech begins 12:30 PM on February 6. For further information contact Ken Nixon at (716) 645-2143. According to a press release put out by BLSA-The Black Law Students Association at UB, over 350 Black law students are expected to attend. Inside the Opinion: Student Lounge to be Renovated ................................................ .4 Stop the Spam ............................................................................. .8 The Anarchist Returns ............................................................... 12 IJmages in Male .......................................................................... 14 Also of Interest: Letters, Cartoons, Poetry, and Features. Among the speakers scheduled to address the convention are: the Honorable Rose H. Sconiers, the New York State Supreme Court, 8th Judicial District; Judge Cornelius Blackshear, US Bank­ ruptcy Court; Soffiyah Elijah, Attorney and Professor, City Uni­ versity of New York, School of Law; Barbara Flatts, the New York 1 �Well, sure, they don't seem to be doing too much ...but hopefully increased coverage in this publication will enhance their communication with the students, so we can see that they actually accomplish something beyond throwing a few beer bashes a year. And the Federalist Society? Well, paint me purple and call me TIida if I'm wrong, but I haven't seen hide nor hair of a Federalist on this campus in the one-and-a-half years I've been here. At one point, however, they staged debates, put out raucously conservative articles, and peeved a lot of people. In fact, from what I've gathered, the Federalist Society was to the Opinion of yesteryear as the Clinton Sex Scandal is to the New York Times of today. You know. Gross. Icky. But coated in scandal-sweet sugary goodness. The kind of stuff that generates lots of, if not actual news, stuff to print. IF ANYONE OUT THERE IS WILLING TO COME FORWARD AS A FEDERALIST, I WILL BUY YOU A BEER. One pint per un-p.c. utterance (read his column to find out why I'm just going to buy Adam Perri a bottle ofwhiskey). Okay. Barring that eventuality, the Opinion needs submissions. Specifically, from you, student-faculty-staff member of this community. Tell us your news. Give us an update on how your kids are doing in school. Tell us about that big job you just landed with Weicheetum & Howe (yes, I stole that from Car Talk). But take the time to come down to the basement (with a little plexiglass, our office could look like the denizen of Hannibal Lecter). Once there, write out a letter, an article, or a group of facts for one of our hard-working staffers to turn into some coherent news. I SWEAR,ITWILLONLYTAK.E 15 MINUTES. We know you're busy. So are we. Office hours will be posted on the door. The paper will come out weekly, and be left in your box. Submission information is within. To cut expenses, time, and save everyone from getting continued on top of page 3 Chief Executive Makes No Mention of Sex Scandal in State of the Paper Address When people feel like saying something smart (and smug, and annoying), they often pick the trite phrase, "History repeats itself." Of course, the people spouting this crap are usually the same individuals who accumulate the vast trove of their historical wealth via the dubious novels of Gore Vidal, and the hideous films of Oliver Stone. Meaning, their credibility is somewhat limited. But while they may go through life thinking that Lincoln was a fun guy and JFK was shot by aliens, they are right on the money about history. It does repeat itself. Even here. Havingjust assumed the role ofEditor-In-Chief-Supreme­ Overlord-Of-The-Universe, I decided that it would be responsible of me to read old editions of the paper, to see what sort of journalistic continuum I was functioning within. My findings? There seem to be three issues that have garnered consistent coverage over the years: 1) The facilities bite the big one; 2) The SBA is an unwieldy, useless waste of time whose by-laws must be fixed; and, 3) Boy, do we hate the Federalist Society. Of course, there were other issues, other news ...the JAG protests, the Faculty's Hate Speech Resolution, titillating reports about needlepoint progress in the "Law Wives" association (which petered out about the same time Gloria Steinam burned her bra), changes in the curriculum and the grading system ...punctuated by interesting commentary on the prominent legal issues of the day and the events being held in the law school. But those three have been present almost from day one, which leaves the Opinion at a bit of a loss. I mean, look around. The facilities? Heck, the ceiling may leak, but we aren't going anywhere anytime soon. The SBA? Editor in Chief ................................................................. S.A. Cole Staff: Music Guru .......................................................... .Justin Archangel Graphics and Layout Editor .......................................... .Ken Grant Columnist. .................................................................... Randy Janis Managing Editor !.. ...................................................Cindy Huang Managing Editor II ....................................................... .Joe Huang Cultural Attache ............................................................ Matt Lerner Op/Ed Editor ................................................................. Russ Klein Columnist. ..................................................................... Adam Perri News Editor ............................................................... Sol Sandberg Photographer .............................................................. Rich Ram din The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the .F~ll and Sprmg Semesters .. The Opmwn 1s the student newspaper of the Stale University of New York School of Law. Copyright 1998 by the Opmwn, SBA Any reproduct10n of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines fo~ aH articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 ~M, please)'. Subm1ss10ns should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want 11returned. Whil.e the Opinion .will not pri~t libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed subm1ss1ons from a member of the UB Law community (students, faculty, staff, alumni). '.TheOpinion '.n n~ way end,orses the viewpoints ~fits vari~us co_lumnists and contributors. Considering that the Opinion isn't actually a sentient being, 11also doesn I thmk theres anything wrong with any v1ewpomt expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �ink smudges on their fingers, we have changed our format. In a move that should please radicals and conservatives both, we are departing from the 40-year tradition of publishing in newspaper form, to revert to the original, 1948 format of the llxl 7 magazine fold. Our new motto: function over form. We hope you all enjoy this semester's editions of the /Vo1re, o/aifi1ro«1 «1h-at «1e, ;..e, rlo1~. /le,1ree, t/4e, a,o;uv-a1ree, o/ tk CJ;1irto1r «1/ffIJ-aJ'-jfolfr«1ui to«1uiaif«1e, atte-lfr;t tofirrlt/4e, /ol'tf(at t/4atJut ifw't.f aif.u/40/l'~e,ee,/ate, jtJ«I" ;at1e-1ree, a1rrl «1e,/eolfre, jtJ«I" ifa,~tiM.f./ Opinion. "It is only a small paper, but there are those of us that love it." Well. Let's not get carried away. 1 --S.A. Cole LETTER TO THE EDITORS No, the shaming of the Presidency, our highest office, is not funny. After all, millions of young soldier's lives have been sacrificed for the causes of Liberty and Peace. Blood, and much it, has been spilled, literally. We should not forget this fact. President Truman gave the order that sent 450,000 innocent Japanese civilians to instant evisceration at Hiroshima. Yet today our President commands no respect (Or does he, really? His approval rating is still high, isn't it?). The President, even while he is still serving his term of office, can be accused of pulling his pants down in front of proper young ladies while he is under oath! God forbid we should even see his underpants, the fact that he even wears underpants may be enough to convict him in the national press (By the way, it's boxers, not briefs - I found out from secret tapes that I had planted on a friend who works in the White House). that goes ...Not to be outdone, however, JQA's supporters accused "Old Hickory'"s wife of being a bigamist. It seems that, while she was a young lady she married a man, Mr. Robards, whom she could not stand. Eventually, giving up on the marriage, Mrs. Robards eloped with Mr. Jackson, who was, at that time, a soldier taking room and board (And a whole lot more as it turns out) at her home in Nashville. Back then, a divorce required an act of Legislature (At least some things have drastically changed, no?). The attacks on her honor, so vicious, were said to be the eventual cause of her death shortly after Jackson was elected to the Presidency. But life went on without Mrs. Jackson and so did the Presidency. Jackson went on to be one of the most popular American Presidents in history (and JQA became famous 150 years after his death for his starring role in a Steven Speilberg film - go figure!). Sincerely, Publicus II (Ron Link, 2L) In our funny world of "Alice In Wonderland" politics ... "diplomatic immunity" can be granted for the crime of murder, and immunity is granted to persons who have already confessed their guilt as long as their lawyers think that their testimony can help submarine a person even guiltier than they are (It is, after all, the land of the good guys and the bad guys here in America, isn't it?) ...Why isn't there any immunity for the President, a man elected by a popular vote of the people to hold the highest office in the land? Isn't the President supposed to be our Chief Executive? In the future will his political adversaries even allow the President time to do his job effectively? I understand our litigious society, but this is ridiculous. If George Washington, right now as we speak, were turning over in his grave, it certainly would not be a surprise to me. P.T. Barnum, on the other hand, must be rejoicing in his grave (In other words, not only is P.T. turning over in his grave, but he is also clapping and cheering wildly). YOUR PHOTO COULD BE HERE. Who will dare to be pictured in the Opinion as the reader who identified the four famous buildings ensconsed within the jurisprudential heart of Buffalo? Drop your guesses in Box 65. Translation of our latin motto: "We came, we saw, we wrote a newspaper." Those of you who are in utter despair over the state of politics here in America, take heart. Scandal in the White House is as old as the Hills. The venerable John Quincy Adams, lately of 'Amistad' fame, was once accused of pimping for Czar Alexander I of Russia during the 1828 presidential campaign against Andrew Jackson. Mr. Adams had a pretty young nursemaid that Czar Alexander had a fondness for...and the rest, well you know how 3 �Dean Boyer Resigns Post Continued from page 1 faculty and outside applicants. However, Dean Boyer would like an internal search to first be undertaken before the appointment committee considers any outside candidates. In the interest of time consumption, he feels that looking internally would negate the amount of time someone hired externally would have to spend getting acquainted with how our curriculum operates. Despite Dean Boyer's intention to step down as dean of UB law school, he would still like to continue his position as a law professor. Provost Headrick has not voiced any objection to his decision. UB Law's Jessup Team Will Compete in Regional Rounds in Vermont by Sol Sandberg tablish an International Criminal Tribunal. Students on UB law's team will be required to write briefs and present oral argument. The Jessup International Moot Court team at UB school of law will be competing in the regional compe­ tition of the Philip Jessup International Law Moot Court Competition to be held February 6th-8th at Vermont Law School in South Royalton, Vermont. Members of the team are Nancy Saunders, Brendon Reagan, Jeanette Cortes. Jennifer Berger will coach. Other schools that will compete in the regional com­ petition include: the University of Maine, Boston Uni­ versity, the Fletcher School of Law and Diplomacy, Harvard University, Boston College and Franklin Pierce. Preliminary rounds are scheduled to be held on Satur­ day, February 7. Those teams that place in the top four of the twelve teams competing will go to the semifinals on February 8. The winner of the regional competition will compete in the international rounds held in Wash­ ington D.C. in early April. UB's team will compete against Villanova, Suffolk University, Southern New England School of Law, and Western New England School of Law. The subject matter of the competition will concern the extradition for crimes against humanity and the au­ thority of the United Nation's Security Council to es- Renovation of the Student Lounge to Begin Renovation of the student lounge located on the first floor of O'Brian Hall will begin soon, according to Dean of Alumni Relations, Ilene Fleichmann. The reno­ vation , which has long been in the planning stage, is scheduled to be completed by the beginning of next se­ mester. The plan is to transform the current lounge which has suffered from y_earsof decay and neglect into a com­ fortable and upscale area for relaxation and social inter­ action. Said Dean Fleichmann, "The lounge will be a place where students can interact with each other and build a sense of community in a professional environment... It is what you would see in a large law firm or in a private club." by Sol Sandberg The renovation will be supervised by Joan, Hillers and Associates, Inc., a well known design firm in Buf­ falo that has experience renovating other university spaces across the nation. The changes scheduled to take place are signifi­ cant. The vending machines will be removed to another area on the first floor. The room will be repainted and new carpeting will be installed. Students will have ac­ cess to cable color television so that they can keep up with legal news on Court TV or current events on CNN. They will also have available legal periodicals like the National Law Journal. The new lounge will also have a Continued on page 5 4 �sales were conducted each semester. new and large wood table with lighting fixtures. A tele­ phone with local phone service will be available. A number of paintings by the eminent artist Michael Kestler, a recipient of The Prix De Rome, will be on display on loan from the Castellani Art Museum at Niagara University. Proceeds from the sales, which amounted to more than $ 1200 annuallywent to a scholarship fund to sup­ port active LALSA members who work in low income public service jobs or jobs that service the Latino com­ munity. Access to the new lounge will be restricted to cur­ rent students at the University at Buffalo School of Law by means of a swipe card system similar to the kind that are in place in the dormitories. Last year, LALSA gave two scholarships to its members-one to Brenda Torres who worked with Buffalo's Latino community and the other to Jenny Duran who worked in Mexico. Law Student Association's Food Sales Threatened by Sol Sandberg Food sales by law student associations were threat­ ened this past semester when the FSA, the Faculty Stu­ dent Association, issued a letter to all student groups warning them that the sale of food on campus by groups other than FSA is restricted and that the FSA according to its agreement with the University at Buffalo has an exclusive right to sell food on campus. The Faculty Student Association is a not for profit corporation created by the university to provide the uni­ versity with food services. It runs all food outlets on campus except for eating establishments in the Com­ mons. Monies received from sales are used to pay the university for the right to do business on campus-for space rent, energy consumption, and rennovation in spe­ cific areas, according to Craig Herman of the FSA. Of the 12 persons on its board of directors, six are students. LALSA, the LATIN AMERICAN LAW STUDENT ASSOCIATION, which has organized about two lunch meals per semeseter to students in the past, received the letter from Dean Shields with an attached memo stat­ ing, "For your information from the food police." The letter did not name any organization that engaged in the sale of foods nor did it specify the extent to which the FSA's exclusive right to sell food. It did, however, state that "a combination of health and sanitation laws re­ strict sales of food by groups other than FSA." LALSA's sales have featured a variety of Hispanic foods such as arroz con gondules, arroz con pollo, and other vegetarian and meat dishes. The sales were fre­ quented by law students and faculty alike. About two The Buffalo Public Interest Law program, which sold Pizza, also received a letter through Dean Shields. According to Kinda Serfafi of BPILP, BPILP did not sell Pizza to raise funds and it did not make any profit. The sales were used as a vehicle to talk to students about public interest work. Asked why he decided to put this policy into effect at this time, Craig Herman, the author of the letter said, "This policy has been in force ever since we have had a contract to provide services on campus-30 years plus. We are the sole provider of food services on campus. We don't mind an occasional bake sale but any ongoing sale is problematic ... One of the law school organiza­ tion was sellling pizza every week which is on an ongo­ ing basis. A sale conducted twice a semester would prob­ ably not be a problem but if it includes rice and meat­ that is sanctioned by the catering department." He added, "Suppose somebody pulls in a coke wagon and sells hot dogs in front of Putnams-that's why we have a sole con­ tract-it would be a loss of sales. He concluded, "We would be happy to see students make money and if one sale would raise $1500, they could do that. God bless them." Allison Dunlop, the President of LALSA had this to say about the matter," It is not as if we are competing with them on a daily basis, and it's going to a worthy cause." When asked to compare the food sold in campus cafeterias to that sold by LALSA, Mathew Cleabeaux, a 3L said "I think the cafeteria food is low in nutritional ' value as compared with the food served by LALSA and I think student groups should be allowed to sell food on campus subject to regulation." 5 �PrisonerTask Force: Update and Recruitment realizing that prisoners are ready, willing, and able to learn, the students brushed up on their own research skills. While applying these research-skills to real­ world claims, they saw their students progress throughout the semester. And while gathering incomparable experience, they were given the chance to regard prisoners, often the faceless hypothetical in a criminal law class, as human. by S.A. Cole Continuing its unique and innovative service to inmates at Attica's maximum security prison, the Prisoner Task Force will convene this Thursday, Feb 5. Meeting at 4:30 in O'Brien's room 207, the PTF will begin the Spring semester with several goals in mind. The Prisoner Task Force consists of a few dedicated members. Presently, if a teacher cannot make a class, there is no one to substitute for that individual. With more members, the PTF can function more efficiently while making the commitment requirement for the program more flexible. Members with time constraints will be able to participate in the letter­ answering system at their convenience. * To recruit new members in order to expand the program and train future teachers. * To continue its eight-week class at Attica. * To implement a letter-answering system for prisoners who have legal questions outside of class. Last semester, eight to ten students, and two student/ teachers went regularly to Attica to teach the research course. Prisoners who passed the test administered at the end of the course became clerks in Attica's law library. Moreover, if you have the time, the Prisoner Task Force is a worthy endeavor. Last semester, lL A. Joe Cruz visited Attica once week. "I look at it as something which is a part of my life," says Matt Lerner, a 2L who is a major force behind the Task Force, "I go to prison once a week to help people learn, rather than go to a movie or a bar." The Prisoner Task Force is one of a few such organizations in law schools across the country. For those teaching, the rewards of participating in this ground-breaking program were numerous. While •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •• • •• • • • • •• ••• • •• • •• • •• • The PrisonerTask Force meets for the first time this semester on Thursday,February5, at 4:30, in Room 207 . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 • • • • • • • • •• • •• • •• •• •• •• • • • �The Opinion needs News Writers. For the price of one article every two weeks, you can be a part of the Opinion. No previous experience required or expected. Enhance your writing skills and prove your ability to work on a deadline (which looks good on a resume). If interested, please stop by the Opinion office in the basement of O'Brien, call 645-2147, or leave a note in box 27. Thanks. -v;~yoJi,.,i,,,r H,..t P.>,11 cAi"h>" wc,..s noMi n,.tJ tbr o.. l'(O ~€ I-, t'~/ICfrriµ.. ~ No J f: k~" 't- - h-c.-t5,Jrpr-ise,{,<1-\e..1 7 �CAN THE SPAM by Randy Janis Cyberstats show that nine out of ten people detest spam and I'm not referring to that strange colored meat in a can. Spam e-mail are those annoying, unwanted bulk e-mailings you've been receiving in your e-mail inbox. Spam is undermining the effectiveness of a me­ dium which allows tens of millions of people to com­ municate. The cyber-community is worried that if un­ solicited bulk e-mail continues to grow, it will affect the Internet's ability to handle the traffic. Spam mail can clog the Internet's pathways, slowing down the sys­ tem, often making it hard for one to log on at all. Says Gus Venditto, editor of Internet World, "unless we get the problem under control, the danger is that e-mail will never reach its full potential." Because spammed messages often contain inac­ curate return addresses and rarely include a way to be taken off, users who do not wish to receive spam often have little recourse. And even if you are fortunate enough to be removed from the list of the spammer responsible for the unwanted e-mail, chances are the list was bought from a broker who has already sent your address to ten new marketers. If spam is detested by so many, then why would a company persist with it? Self-renounced Spam king Sanford Wallace of Cyber Promotions answers that question with two words, "It works." Spamming first made news in October 1995 when Marketry Industry Inc., a direct mail list management company, announced that it was ready to rent out a list of 250,000 e-mail addresses. This plan was quickly dropped after Marketry met stiff opposition. But other companies picked up the idea. According to Professor David Sorkin of John Marshall Law School in Chicago lists of several mil­ lion e-mail addresses can be purchased for as little as $10 to $40. Consequently, some users receive as much as 50 spammed messages a day. Advocates of e-mail spamming are mistaken when they argue that bulk e-mail is comparable to bulk postal mail. Junk postal mail is paid for by the sender. On the other hand, the spammed message is essentially being sent postage due. Spam that arrives in your inbox uninvited is paid for by the user multiple times in the delivery process and then also by the Internet Service Provider. Some argue that if we ignore spam sooner or later it will go away. But this probably still won't act as a deterrent. If it costs next to nothing to spam a message then even if 99% of the people delete or ignore the mes­ sage it will still be worthwhile for the spammer. Tech­ nological methods used to block spam have not been effective. "For every technological block we put up ... there are 10 ways around it," says Ray Everett Church, Congressional Liaison and Lobbyist at the Coa1i ti on Against Unsolicited Commercial E-mail (CAUCE). Since spammers will probably figure out a way around most of the direct, technical methods, leg­ islation may be required to stop them. Three separate spam related bills have been brought in Congress. In the House, Representative Chris Smith, R-NJ, introduced H.R. 1748, the Netizens Protection Act of 1997, which would extend The Telephone Con­ sumer Protection Act of 1991 (47 U.S.C.§ 227) to also cover unsolicited junk e-mail. Says Smith, "my legisla­ tion is aimed at protecting the Internet user from the unseemly practices of the junk e-mailer ...as increasing numbers of Americans go online and become passen­ gers on the information superhighway consumers rights must not be eroded, abridged, or mitigated along the way." Under such a ban spammers are still free to so­ licit advertisements by means of a an opt in system. This bill would allow individuals to sue violators for US $500 per violation, plus damages up to $1500." In the Senate, Senator Frank Murlowski, R-Alaska, introduced S.771, the Unsolicited Commercial Elec­ tronic Mail Choice Act of 1997, which would require that unsolicited commercial e-mail be labeled as an advertisement and that information identifying the sender be included in the message. Says Murlowski, "Internet e-mail has become a very inexpensive means of distributing endless e-mail solicitations that not only annoy but can also defraud recipients ...junk e-mail is known in the trade by the derisive term of' Spam'. Based upon the content of many of these e-mails, I'd be in­ sulted ifl were an employee of Hormel." Says Murlowski aide Joe Keeley, "Smith's bill deals with an outright ban on commercial e-mail...were not interested in having the government tell you what you can and cannot receive in your box." This bill has little support from the cyber­ community but is backed by the advocates of bulk e- Continued on page 9 8 �Continued from page 8 mail. This bill would legalize "Spam" and would force ISP's to install Spam filters. Senator Robert Torricelli, D-NJ proposed bill S.875 the Electronic Mailbox Protection Act of 1997. Says Torricelli, "individuals are find­ ing their electronic mailboxes filled to the cyber­ brim with unsolicited messages ...many of the best qualities of American life are represented and enhanced by the Internet-- the world's most democratic medium--and I do not wish to stifle speech or inhibit the freedom of commerce or expression." This bill would make it illegal to send unsolicited mail with a fake address or from a disguised source. Spammers would have to comply with the recipients opt-out requests or face penalties of up to $5,000 per violation. Nevada is the only state that has passed anti-spam legislation which requires unsolic­ ited commercial e-mail messages to identify the sender and include instructions for removing a name from the advertisers mailing list. Con­ necticut, Kentucky, Massachusetts, New York, and Rhode Island are considering similar bills, but state statutes offer little ~nforcement poten­ tial against the international spamming indus­ try. One problem that may arise from these proposed statutes is that they may suffer from a jurisdictional limitation. A spammer might be able to circumvent the law by simply moving off-shore. However, people might be less likely to deal with someone they have never heard of from overseas. Nevertheless, with the low cost of spam production only a few responses is enough incentive for the spammers to continue on. It is the idea that the law eventually passed will be the wrong law that worries some in the Internet and civil liberties communities. "Ev­ ery time Congress has gotten involved with the Internet, its gone wrong," says Paul Hoffman, director of the Internet Mail Consortium in Santa Cruz, California. Some of the largest ISP's, such as Netcom, are hesitant about the idea of politicians deciding what can be elec­ tronically sent or received. "We always fear leg­ islation, says Glee Cady, public policy manager Continued on page 15 WE.s-r o ~ 1Hf~-/B R-rI w~s, &OP, ~ OR UR~/62r ... '-~t<~ WHO --r~:rs-r s 'St:X:GoNE \J m'(rN& ,. ,ir-s! "'-:r:'-J:)J:i TO --P:r'- "" Fl !VtE{N~ ,-r: ~A~€ TO TRL.K W-srU -:r: MfA.N, WHO ·11Y fl.~£N'r· W-rl'- 13€ , H"~'°o ,1-u: S :rs t./r ~ ·nl€ -f"~~ C::,ti X N 1 K. L.ONb'" Mll~~7 '. ER, ~ l-(4Jl. YCl KNOW. 9~'R..€W R€. it 1-'!'.SIV\ : ~f.'-..L I \.v€ Sf s 11fV\l-\.tr ~ q 1 H !:( r TM :X: S 13'-U'LOrN(r Loot:: S U:K'" ~ S€'?T:Z:L 5 YS ~M . l"'\qf<;J(j M.Y Ov.rF=:r:f. .. J..li..t:'1._CJ£-f{_ L : Uf, Lf{W i r-1tu.1,qrt- L �I WHO GETS THE MONEY? By Justin Archangel Somewhere along the line most of us will put our books away and venture out and spend a few dollars to see a band or performer at a bar, club, theater, or arena. Prices of show tickets today can cost anywhere from a few dollars at a club door to a small fortune handed over to Ticketmaster. If you are like most of the concert go­ ing public, you probably heard the major concert an­ nouncement on the FM dial, pulled out a credit card out of your wallet, bought some tickets, went to the show, bobbed your head up and down a little bit, and left with­ out thinking about what you type of operation you sup­ ported. The truth is that the artist that you see plays a large part in determining whom and what your ticket dollar really pays. The concert industry is big business and its pri­ mary source of revenue is the simple ticket sale. As some of you upstart lawyers out there may remember from Property I, a ticket sale is an exchange of cash in consideration for a license to enter a venue and watch a performance. In 1997 alone, Pollstar magazine reports that North America's total gross volume of major con­ cert ticket sales was $1.3 billion. This includes several high grossing and well-attended tours by the Rolling Stones ($89.3 million), U2, ($79.9 million gross), and Fleetwood Mac ($36.3 million). However, these fig­ ures only represent ticket revenues for only a small frag­ ment of all touring musicians. I like to think of the concert industry as happen­ ing in two distinct parts. Part one is the big time con­ cert market represented by Pollstar 's statistics and by glossy major label touring artists featured on MTV and VH-1. The second part is the sub-corporate concert in­ dustry dominated by roaming self-sufficient artists un­ supported by ivory towered agencies and record labels who drive from city to city hoping that their next gig is not canceled. Both types of touring artists basically do the same essential things: travel around the country like circuses and play music for the paying public. How­ ever, the type of venue, ticket price, transportation, and professional support between both artists are vastly dif­ ferent. And what your money actually pays for and who it supports depends largely on the type of artist that you go to see. Hypothetical Artist Tour Number One: Art­ ist number one is Jewelanis Brooksette, last year's hot new MTV princess. Jewelanis recorded an album of rocking alternative favorites two years ago for the At­ lantic Group that has since gone multi-platinum. Jewelanis has been on the cover of almost every music retail magazine in addition to every radio and record trade publication in existence. Major commercial radio has picked up Jewelanis and made her a fav~rite on all FM formats. As a result, in an effort to increase expo- I sure and to "move more units," Jewelanis's management company got together with her powerful and influential agent at CAA (Creative Artists Agency) in New York and planned an American tour to hit every major U.S. market. As luck would have it, Ms. Powerful CAA agent booked a date with Mr. Big Promoter man near your city so Jewelanis could come to a big theater near you. You read and heard about the concert at the 4,822 seat Huge Theater months in advance on the radio and in local magazines. You bought your ticket with student loan money in advance through Ticketmaster for $34.50. On your way into the show you walked passed the rows of shiny new Greyhound busses and tractor trailers. You went into the show, sang along to all the MTV and radio hits, saw an amazing light show, and went home satis­ fied that Jewelanis is a star and rocked your world. Money well spent? Here, the sellout ticket gross is around $166,359 (4,822 cap. X $34.50=$166,359). Your $34.50 will be funneled into a number of compet­ ing hands. First, the agent will take a cut of her pie. The agent will have all the bargaining power over the local promoter in such a situation because Jewelanis is an established and well-supported artist. It is theagent's job in such a situation to negotiate the highest fee for Jewelanis's performance as possible by raking the pro­ moter over the coals until the promoter coughs up a big chunk of money. The agent will then usually take 7% of the gross performance fee. Thus, Jewelanis's agent can walk away with a healthy wad of money depending on how much she negotiates as the performance fee. Second, the promoter will take a bite out of the ticket revenue. A normal deal for an artist of this level will require compensation in the form of a guarantee flat fee plus a percentage of door receipts. Usually, the percentage of door receipts paid to the artist does ~ot apply until the promoter recoups concert product10n expenses and "breaks-even." The promoter's expenses usually include artist fees, venue rental, sound and light­ ing equipment rental, security, band catering (including brown M&M's), ticketing, insurance, and advertising expenses. The promoter may be able to negotiate a fee for himself which would be paid from every ticket dol­ lar received after the break-even point is reached. This percentage is usually around 25% of the Promoter's to­ tal expenses. Lastly, the largest chunk of the leftover gross ticket revenue is paid over to the artist's tour manager. It is the tour manager's responsibility to account for the money and make sure that it is all there. The tour man­ ager will see that the money is deposited in Jewelanis's touring account and used to pay the touring crew, band members, shiny bus rental fee, manager, and of course a Continued on page 11 10 �Continued from page 10 nice fee to Jewelanis herself. You see, in this scenario a $166,359 gross creates a lot of money to spread around and make ev­ eryone happy. Just remember your money is responsible for making sure that Jewelanis and her crew travel in style and sleep in comfortable hotel suites. Hypothetical Artist Tour Number Tuo: Artist number two is a new and up and coming band out of Chicago named Ska Ska and the Skanks. The Skanks are young and just starting out and don't have the money to hire a manager or a booking agent. However, being a bunch of moti­ vated youngsters, they self-financed their own recorded four song EP and sent it to various East Coast college radio stations. The Skanks have generated a moderate buzz in some areas of the northeast and decided to book their own tour of college towns. Johnny Ska, the leader, has some local club contacts in some cities who said that the Skanks could play at their venues. However, unfortunately, most of Johnny Ska's contacts said that they didn't have any money to advertise the show and couldn't find a place for the Skanks to sleep. The Skanks decided to venture out anyway in an old rusty Chevy van and found them­ selves in your favorite dive .bar on an oth­ erwise quiet Wednesday night while you were taking a much needed break from studying Civil Procedure. In this situation, the bar owners charged you $4 to enter the bar that night. Most new bands playing in bars or small clubs are probably playing for either a flat fee or money collected at the door. Often, bar owners let the bands keep the door money while the bar hopes to make a profit off of the drinking public. Luckily, you brought your hard drinking law school bud­ dies with you that night which made the door collect enough cash to enable the Skanks to eat at Taco Bell and have enough gas money to get to the next city. In addi­ tion, when you were talking to Johnny Ska, you felt sorry for him and the band because they didn't have a place to sleep. So, be­ ing the happy go lucky music fan that you are, you invited the Skanks to come and crash at your apartment in return for their promise to invite you to their wild back­ stage parties sponsored by Mr. Big Pro­ moter Man when they get famous. The point of the two examples is to help you realize what you are supporting when you go see a show. When you ven- Who will win: Jewelanis Brooksette, or Ska Ska and the Skanks? ture out to see the next Jewelanis on the big tour realize that your money is being filtered to a lot of different competing people, some of which are not very deserving. Also, I encourage you to go see the smaller bands and performers that come throughtown. These artists often will directly rely on your dollar for survival more than the big touring star. If you decide not to go see Jewelanis some­ body else will and she will still be able to afford to ride around in a $500/day Greyhound. However, if you don't see the Skanks they might have to pay for a Greyhound ticket for a long ride back to Chicago. The Education of Mr. Bobo By Ken Grant 11 �have a hard time finding it justifiable rn any An American president mired in scandal. circumstance, except defense). Iraq is acting up again. What better way to handle two problems at once? THE CURRENT CRISIS For those of us too lost in their school work So once again, the drums of war are being beaten, and very very few people are questioning the situation at (which should be all of us, right?), the current situation with Iraq is superficially rooted in Iraq's refusal to allow all. Of course, if one remembers the Gulf War, UN inspection teams which contain disproportionate beating up on Iraq was a popular event in American amounts of Americans to work in Iraq. Of course, being history. Saddam Hussein was compared to Adolf Hitler the kid on the block with the most nukes, we told them (and despite all the evil that is assigned to Hussein, such that we would not compromise on the issue, they said as murdering his own people, he is no Hitler). American they would not compromise on the issue, and then Iraq flags were flying everywhere. Yellow ribbons were tied adds wood to the fire by (of all things) trying to assert to any object one could imagine. People put signs in their national sovereignty. Now the speculation du jour their cars, front yards, and on shirts to show their support is that Iraq has armed their missiles with bio and chem of Operation Desert Storm. It was a battle of who could warheads, and can destroy Tel Aviv (we claim we can't be more patriotic, where the jocks, rednecks, geeks, and get access, yet we know these things ...interesting). So, with both sides at a deadlock, Clinton was middle America could all hold hands and say "We must destroy Iraq and kill Saddam Hussein." America was on TV saying that this is completely unacceptable, and back! It almost makes me want to eat a huge T-bone that we are going to deal with the whole situation any way necessary. The UN is even talking tough. Iraq steak and drink cheap beer right this minute! Of course, as always, your mileage might vary. responds with all the pomp and circumstance one comes Not everyone loved the Gulf War (actually, when to expect from Hussein, saying that they will resist these Roosevelt asked for a declaration of war following Pearl aggressors, everyone should arm themselves and prepare Harbor, one representative supposedly voted against). for war, etc., etc. Its almost as if both sides are working Parents of soldiers, while proud of their kids, were from the same speech book in each crisis. So the stage is set, the drums are going full blast, undoubtedly worried that their kids would die. Further, some people totally opposed the war on all fronts, and military action looms on the horizon (of course, I including the mantras of (A) no blood for oil, and (B) hope that none is ever taken -- but regardless of this why are we defending some little sheikdom that is little crisis' outcome, it is no doubt that we will see this better than Iraq, human rights-wise, and (C) that war is situation repeated again and again). WHY THIS WAR? just plain wrong. Unfortunately, I was in the corner Of course, if you ask me (and you are still with those that supported the war. I was stupid enough to think that this war was about liberating the oppressed reading this), I firmly believe that the war wasand in Kuwait (and maybe Iraq while we were at it). My continues to be about oil. Was it? Only George Bush viewpoint came full circle when I witnessed how our Continued on page 13 12 �Continued from page 14 can tell you the truth of what he was really thinking. But history shows that we have had a very consistent interest in the Persian Gulf region based on oil. We have kept a part of our Navy on station in the Gulf for as long as I can remember. We reflagged and escorted Kuwaiti oil tankers, we armed Saudi Arabia, and we have kept a watchful eye in this region in general. When Iran threatened to close the Straits of Harmuz, we made sure they knew that this was a bad idea. When Iran hit reflagged Kuwaiti oil tankers with silkworm missiles, we struck back hard. We also armed both sides covertly, to make sure that the war would continue for as long as possible and keep both sides occupied, and to tire both sides out. There is really no reason to think that this war was about anything other than oil. Kuwait was no innocent gas station in the middle of the Persian Gulf - They were not about to win any human rights awards (if I recall properly, as soon as the Emir took back the country, all Palestinian workers were expelled, just because the PLO itself supported Iraq). Worse, this war was/is not about just oil, but cheap oil. Of course, that oil will be tainted with blood of US soldiers, Iraqis who were slaughtered by the allies (using such ethical means as bulldozing sand over them while they were still alive), and the torment of those who live under the Kuwaiti regime. TO WAR OR NOT As I stated, I don't know at this time what the outcome of the conflict will be. I know that when some people turn on the television and see foreigners burning the American flag, it arouses an unusual amount of patriotism. But every so often, in the back of my mind, I get this tiny little hope that the right decision will be made. What this conflict shows is that might makes right. Iraq is attempting to assert some sort of sovereign control over their nation. Is Iraq run by an oppressive regime? Of course they are! But it certainly isn't the only country in the world run via tyranny. Heck, it isn't even the only country in the region run by a tyranny. Yes, Iraq lost the Gulf War. Does that mean that we, 7 years later, have the right to dictate everything we want with that country under the guise and color of the United Nations? Certainly not. I don't see Vietnam exercising some sort of inspection of our country for chemical weapons (remember Agent Orange?). Assuming for a second that the inspections in Iraq are part of a legal action by the UN (keeping in mind that we ignore the UN and World Court when we find it to our convenience), what sort of expectations does Iraq have? Iraq made claims that US inspectors on inspection teams have been planting evidence and spying. No one has addressed this claim. Iraq is quite likely concerned that the country that has been the main aggressor against them, the US, is not quite an objective observer. Are they right? Who knows, except if one steps back from the whole situation and forgets about patriotism for a minute, its not too hard to sere Iraq's vantage. FINALLY. .. Do I love Saddam? No, don't be silly. Do I think we are acting like a bully? You better believe I do. Do I think that patriotism is stupid? Nothing has started more wars -- you decide for yourself. Perhaps we should change our motto from "In God We Trust" to "We've Got the Bomb." The ultimate irony in this column is, that I originally wrote it in late November, for a nearly identical standoff with Iraq. 13 SUMMER IAWSTUDY in Barcelona Dublin Florence London Moscow Oxford Paris San Diego :t: ~ Universityof &n ~ FOREIGNLAW PROGRAMS SCHOOL OF LAW 5998 Alcala Park San Diego, CA 92110-2492 e-mail:cking@usdlaw.acusd.edu fax: 619/260-2230 hltp://192.215.86.8 �IMAGES IN MALE As a young and brash people, Americans have often equated change with progress. Social commentators typically observe change and claim to discern evolution. It is important to recall, however, that all change is not progressive, and oft-overlooked corollary to evolution is the possibility that a civilization may devolve, worsen, and alter in ways that are deleterious to governments, individuals, and the enduring artistic monuments of human creativity. In better days, scholars and thinkers did not fear to call such social devolution by its proper name: decadence. Before the triumph of science and the conception of the idea of social engineering, "progress," from the Latin progradi, meaning to step forward, signified simply a movement from place to place. While those undertaking such movement could arrive at an ultimately favorable destination, the term lacked the positivist connotations with which modernity has endowed it. (Cf.. The Pilgrim's Progress. See also, line 113 of Prufrockfor the deliberately antiquated usage that Eliot employed).' As depicted in art, progresses often had undesirable destinations. The Rake's Progress led the rake to dissipation and death. The Harlot's Progress did the same for the loose woman. (In those distant, better days, a loose woman couldn't redeem her respectability by claiming to be liberated). Philosophers of the nineteenth century claimed to discern a progress of civilizations. While Marx popularized the idea of a linear progress, with an ultimate, putatively desirable destination, the positive value judgement associated with the concept of progress became fixed in the minds and the language of the scholarly and political class that embraced progress as the route to utopia. The linear conception took as its model the growth and development of an infant. As a boy grows to a man, his growth is accomplished and irreversible. On a grander scale, the linear conception of progress offered the evolution of species. (Cf.. ENGELS. Role of Labor in the Transition from Ape to Man). As a species evolves into another, reversion to more primitive forms was believed not possible. The linear conception of progress, however, supplanted a sturdier conception which understood progress as a recurring cyclical pattern. Proponents of this view discerned its trajectories in the history of human states, civilizations, and institutions. The image that gave transcendent substance to this pattern was the image of the changing seasons. A people's vibrant spring and fertile summer give way to blustery fall, and by winter the scene was a sterile wastelandglad of death. The experience of the Roman Republic provided the template for this cyclical view of progress. The development of Rome from insignificant backwater to vigorous, dynamic, and triumphant state, and its subsequent decline into degeneracy, tyranny, and decadence seemed to offer a cautionary tale to the myopic modern man tempted to abandon his ancestral virtues in order to enjoy fully the diversions that recent advances in the life of his civilization made possible for seemingly the first time. So, which way are we going? Is our American society evolving, like a Cro-Magnon leaning back on his hind legs to run to a neighboring stand of breadfruit trees? Or are we part of a cyclical progress of birth, growth, decline, death, and if so at what stage to we find ourselves? To hear the great of our country, the leaders, presidents, the writers, and framers of our public consciousness, we are evolving endlessly. To the cognoscenti, i.e. writers of textbooks on our history, the leadership of one of our national political parties, and a multitude of scholars and instructors at every level of our educational system, America was the nation of Cro­ Magnon until thirty years ago, when the smoke of marijuana rising from pipes and bongs at innumerable campus sit-ins encouraged Cro-Magnon to leave behind his stone-age disposition and wafted him on his way to the next stand of trees. (History will judge whether it is significant that these same scholars, writers of textbooks, and political leaders were the very people smoking the bongs and pipes)2. Yet, to determine whether our civilization has evolved, we must determine by what accomplishments a people and a nation are judged. Living peoples ~nd civilizations are judged on their social strength, which is revealed in the lives of their most benighted populations. A nation where the poor are virtuous is a nation of great social and moral strength, and should inspire the admiration of peoples not so fortunately situated. Sadly, we cannot claim any particular virtues for our lower classes. It is an article of faith among the cognoscenti that the neighborhoods where our poorest live are among the most dangerous in the world, and provide haven for every sort of vice. The sa~e cognoscenti intone knowingly that such a state of affaus is a measure of how much further our civilization has yet to evolve. Nonetheless, the moral condition of our poorest citizens compares poorly with the moral condition of the poorest members of virtually any other society or civilization. Is this the fruit of social evolution? The life of the poor has not evolved in a way consistent with linear progress. Nonetheless, moral strength, while important for living civilizations, is much less important_ when considering dead ones. The enduring achievements of civilization lay not in the material sphere. Dead nations and peoples are judged by the art they produce. Perhaps the people of Nineveh enjoyed social justice. Perhaps they were fair. Perhaps they were amiable, their streets 14 Continued on page 15 �Continued 'from page 14 were safe, and they liked to play with their children. We don't really know, and most of us don't care, because they left no monuments to human creativity that engage our interest. In comparison, Homer, the Greek dramaturges, and the Greek philosophers so impressed the people that succeeded them that any description of the Western world view must rely on words and concepts of Hellenic provenance. Greek art appealed to the passions, engaged the intellect, and nourished the soul. The Greek heritage enjoys such high regard because subsequent peoples judge the tree by its fruit. What then will be said of our culture? What will a taste of our fruit reveal about the tree? Can we expect our art or music to win and keep admirers? Our culture as measured by the art we produce has declined far. What passes for art ignores the soul, denigrates the intellect, and coarsens the passions. What our degenerated entertainers claim as art serves only to titillate the eye. Outsiders and successors must view our art only as a monument to the decadence into which we slide. The changes our culture and nation have endured, in some cases changes foisted on us by social engineers unsatisfied with innate human nature and beguiled by the conceit that human nature is socially constructed, have led not to the evolution of our society into anything desirable, but rather to our devolution into a crude, decadent, perverse, and stupid society. The true horror is currently evident only at the high and low ends of our social order: the collapse of civil life among our poorest; and the jejune sensualism and inane, platitudinous discourse that marks the intellectual life of the cultural elite. Change of some sort is the only sign of life, but sometimes it is for the worse. Over the last several decades, change has struck at the underpinnings of our society, and threatens to render the grand and unique American experiment in democracy just another decadent fraud dumb to the aspirations of the human spirit, and conversant only with the base seductions of the untrammeled flesh. In future months, this column will explore various aspects of our cultural decline, and in some cases will suggest causes and solutions. by Adam Perri Endnotes: 1 Since this article will appear in a newspaper designed for the primary readership of Englishspeaking current and future members of an eminently literate profession, the author will undertake no pains to provide full titles or proper citation forms of masterpieces of the English literary and cultural heritage that should be familiar at least by name to members of such a profession. Unfamiliarity with such treasures is possible only among the poorly educated. Ambivalence toward them is the pose of the dullard. Hostility toward them bespeaks the mentality of the savage. 2 Consider the views of Tacitus: "[It is] a historian's foremost duty to ensure that merit is recorded, and to confront evil deeds and words with the fear of posterity's denunciation." ANNALS III 65. Can the Spam Continued from page 9 for Netcom, explaining that for an industry changing as rapidly as the Internet does, codifying and restricting things now may well impinge advancements later on". The Coalition Against Unsolicited Commercial E-mail is an example of a group of cyber-citizens that have banded together to fight Spam. CAUCE recom­ mends that without a doubt the most important thing a person can do is contact members of Congress. Ironi­ cally, the organization advises people to write by snail mail rather than e-mail since many of the offices of the Congresspersons considering such e-legislation are not entirely e-literate. Spam hunting has become popular among users desperate to unveil the identity of their spammer. The key to spam hunting is to identify the originating domain and to block it. There are ways to find out where the mail originated even if the addresses are fake. This way you can at least alert the ISP it passed through. A unix feature called traceroute will identify the route the message traveled from the source. This feature is available on the web and built into Windows 95/NT. (Go to a DOS window and type tracert, then the domain name you want to trace. Once you locate the culprit you can find out who's in charge by performing a Whois search at <http://re.internic.net/ cgi-bin/whois>. You '11find the name, address, and telephone number of the technical administrator who may be unaware that his connection is being used for bulk e-mail. Be careful about giving out private information. Don't give your real home address and telephone number unless its absolutely essential when filling in an online registration form. A majority of these com­ panies turn around and sell these lists to the spammers. (Visit the Computers and Law Homepage at <http://wings.buffalo.edu/Complaw> to browse other interesting articles related to computers and the law. ) 15 �BPILP Bar Night at the Colored Musicians' Club. December 1997. Amy Schwartz, Joane Wong, and Nelson Mar enjoying BP/LP bar night See future issues of the Opinion for news of the upcoming BPILP auction. Cheryl Nichols singing OFFEND US!!! NOW THAT WE HAVE YOUR A1TENTION, WE HERE AT THE OPINION ARE INTERESTED IN WHAT YOU HAVE TO SAY. WE INVITE ALL STUDENTS, FACULTY, AND ADMINISTRATION TO SUBMIT COLUMNS AND LETTERS TO THE EDITOR. DOES THE BIZARRE GRADING SYSTEM PISS YOU OFF? DO YOU THINK THAT FOOD SERVICE ON CAMPUS IS DISMAYINGLY SUB­ STANDARD? ARE YOU PART OF A "VAST RIGHT WING CONSPIRACY" TRYING TO BRING PRESIDENT CLINTON DOWN? ARE YOU UNSURE WHO THE DEANS OF THE LAW SCHOOL ARE AFTER 3 YEARS? DO YOU THINK THE OPINION SUCKS? WE WANT TO KNOW! Please leave any letters or columns in box 95 (Russ Klein) or in the Opinion office (end of the basement) -- a hard copy is required, and a floppy disk with the file is requested (Word Perfect 5.1, please). Your name, box number, and phone number should be on any correspondance. 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-02-02 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/36043a66b3f506f829417f1928d5a4b1.pdf 81fc8b7a6d3fcdffd5649f637cc57b5b PDF Text Text Vol. 38, No. 7 "Vi veri veniversum vivus vici. " 02.09.98 SBA Discusses Opinion, BLSA, Barrister's Ball by Kevin Hsi addition, the SBA also plans to have a Town Hall styled meeting between the students and the administration. According to SBA President Bahaati Pitt, town hall meetings between the students and the administration "happened years ago until it got too volatile and the deans stopped doing it. We're going to try it again this year." So far, an exact date for the Town Hall meeting has not been set yet. The first major item of business concerned The Opinion. According to Bahatti Pitt, the SBA President, The Opinion needed to sell advertising to make up for the $5,000 it received from the SBA last year which she claimed was a loan. Various members of the SBA expressed concern that the were no ads in the last issue of The Opinion. Pressure from the Sub-Board (the university-wide student-operated bookkeeping service for student organizations) and the SBA's own uncertain financial situation were cited as The Student Bar Association (SBA) held its second meeting of the semester on February 3rd. This meeting was noteworthy for a number of reasons not the least of which the attendance was larger than usual given the presence of several members of the Black Law Students Association (BLSA) in the audience. The most heavily discussed items at the meeting concerned the financial loan made to The Opinion, a financial request from BLSA and whether. or not the SBA should donate some money towards the commencement reception for the graduating 3Ls. The meeting started off with some announcements about upcoming SBA events. These include the planned Faculty-Student Happy Hour in the faculty lounge on Wednesday, February 25th from 4 to 7 pm, the upcoming Barrister's Ball on March 21st (ticket prices have not been determined) and a school-wide raffle. In Continued on page 4 BPILP Solicits Students for Donations Effort Underway to Select Committee to Find Next Dean of UB Law School by Russ Klein The Buffalo Public Interest Law Program (BPILP) is once again soliciting donations from students towards their annual auction. The annual auction has become BPILP's largest fund raising event in their yearly effort to raise money for summer fellowships. Last year, 15 summer fellowships were sponsored for such jobs as the Unemployment Action Center, Legal Aid Society, and in such fields as disability law, women's rights, housing, and domestic violence (both in the US and abroad). Contributions from local business, faculty, and students helped to raise over $10,000. Some of the items that have been donated in the past by students include dinners, custom cassette compilations, a tour of by Sol Sandberg The effort is underway to form the committee that will identify potential candidates for the position of Dean of UB Law School. According to Provost Headrick who is in charge of forming the committee, the committee will most likely include Continued on paee 4 Inside the Opinion ... Dean Carrel on Loan .............................................. .4 Hemingway Spoof ................................................... 9 My Spleen Returns/ .................................................. 8 Plus More than "They" Want You to Know... Continued on page 4 1 �Editorial • • Olympic Media Ever aware that they were only one lightning bolt away from a face-to-face meeting with Zeus, the ancient Greeks held contests to honor the Gods. Today,the nations of the world converge every two years to hold events evocative of this ritual. Of course, these days, the only resident of Olympus invited is Nike. The other gods have been replaced. In step with our largely monotheistic society, the Olympics are now held for the honor and glory of once deity: the media. This year, we americans are not functioning at full deity capacity. With the Olympics up and running on the other side of the globe, it's hard to make the Olympics an exclusively U.S. event. So, it's time for us to stage our own face-off, right here in River City. The popular media, astute as ever, has realized this; however, the popular media, vapid as ever, has no sense of how to recognize genuine conflict. Hence, the best adversarial programming it's been able to cobble together is the sappy-looking "Breaking the Ice," a vapid reunion of white-trash Tonya Harding,and must-need­ cash Nancy Kerrigan. What this country really wants: a polemical grapple for the psychopathic prize, a wanton contest armed with bombs and blood.... Yes. The real question pounding in our hearts is: who will climb to the top of the sociopathic summit and go for the gold in domestic terrorism? You don't get this kind of entertainment on TV. Bob Costas: "Welcome to the 1998 Winter-of-our­ Discontent Olympics. Today's event is the Ideological Slaughter Triathalon. Commenting on the contestants performances is none other than Timothy McVeigh, winner of the 1995 gold for both the Disproportionate Vengeance Vault and Political Message Slalom. Tim also took, I believe, the silver for Militia-Movement Inspiration. Is that correct, 1im ?" Timothy McVeigh: "That's correct, Bob. I lost the gold by a hair to Saddam Hussein." Bob Costas: "A strong contender; although he might be feeling the heat from Clinton now that he's a two-termer." Timothy Mcveigh: "Good point, Bob. But enough about that. Let's take a look at this Triathalon. Boy, am I excited about this contest. The competition should be fierce. " Bob Costas: "And why is that, 1im?" Timothy McVeigh: "Well, Bob, you take a seasoned vet like the Unabomber. .. working alone, devoted to his Luddite ideology, utilizing the quasi-Federal entity of the Postal Service to deliver his homemade tools of destruction ...and you just have to stand in awe of the finesse. This, taken with his recent refusal to plead insanity.... well, you just have a very credible terrorist. This is no weekend militiaman--he put his whole life into this. " Bob Costas: "You made him sound so formidable. Does the Army of God really have any chance? Timothy McVeigh: "Hmmm ... well, never underestimate the power of anonymity, Bob. I mean--the Unabomber and the Army of God have been training for this roughly the same amount of time. Throughout it all, the Army of God has managed to retain their subversive, shadowy status. That's a major aspect of this competition. " Bob Costas: "Indeed, that's one of the parts of this Ideological Slaughter Triathalon. And the other two are?" Timothy McVeigh: "Well, Bob, those would be Technique, Continued on page 5 Staff: Music Guru .......................................................... .Justin Archangel Columnist. .............................................................. Kristin Greeley News Reporter ................................................................. Kevin Hsi Columnist. .................................................................... Randy Janis Editor in Chief ................................................................. S.A. Cole Graphics and Layout Editor........................................... Ken Grant Business Manager ........................................................... Dan Baich Managing Editor !... .................................................. Cindy Huang Managing Editor 11........................................................ Joe Huang Columnist. ........................................................... Katie McDowell Op/Ed Editor ................................................................. Russ Klein Columnist. ..................................................................... Adam Perri Photographer .............................................................. Rich Ramdin News Editor ............................................................... Sol Sandberg The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it return!!d· While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �WELCOMEBACK! BAR REVIEW ' rsPLEASED TOPRESENT A FEW fHPORTANT DATES TOREHEHEER FORTHESPRfNG111gSEHE)f ER: MPRE INFORMATION FRIDA\', FEBRUARY13 FILING DEADLINE FRIDA\', MARCH 13 IS THE EXAM BAR/BRI MPRE COURSES IN BUFFALO SATURDAY,FEBRUARY28 SUNDAY,MARCH 1 BAR/BRI CPLR COURSE IN BUFFALO SATURDAY,APRIL 18 BAR/BRI TABLE DATES FOR SPRING 1998 0 ~ "~ .~ WED. THURS. 2/11 2/5 3/25 2/19 4/8 2/26 4/22 3/5 3/19 4/2 ~ �Effort Underway to Select ... Continued from page 1 someone from the Board of Directors of the Law School Alumni Organization, a faculty member from another school at VB, and an outsider drawn from senior administration. It will also include a member of the Dean's Advisory Council, a group that advises the Dean on the law school's development, financial support and interaction with the profession, a member of the law student body and someone from the law school staff. The committee will conduct interviews with candidates and submit a report which will recommend suitable candidates to the Provost. The ultimate decision on whom to choose will be made by the President of the university. SBA Discusses Opinion ... Continued from page 1 It is not clear as to how long the process will take. Provost Headrick, who has been involved in the past year in four searches for new deans of various schools at UB, explained that the time frame depended on a number of factors including the process for developing candidates, the market, the kinds of candidates sought and the attractiveness of the position. Searches for heads of other schools have taken anywhere from a few months to a few years. He said,"Under the best of circumstances, we will have someone to ready to take over when Barry steps down in the summer". additional incentives for The Opinion to start fund-raising immediately. The next major item concerned whether or not to allocate $2,000 to the Black Law Students Association (BLSA) so that several of its members could attend the 30th Annual Northeast Regional Conference of the National Black Law Students Association (NEBLSA) which BLSA will be hosting from February 5th to February 8th at the Buffalo Hilton. According to Arthur Wemegah, Buffalo's representative to NEBLSA, the high costs of the conference drained BLSA's budget and the organization would not be able to financially support any member who wished to go to the conference unless the request was approved. Wemegah's fear was that a low turnout on the part of VB law students, especially BLSA's members, would hurt both the reputation of BLSA and UB Law School since the school's chapter is the host of the conference. After much debate over the size of the request, including a counter-proposal for $1,805 by IL representative Rick Staropoli which was ultimately dropped, the $2,000 request was approved by a vote of 14 -2. The final major debate occurred over whether or not the SBA should donate $750 towards the law school and Alumni Association-sponsored reception for graduating 3Ls in May following the law school commencement. Opponents of the donation led by 3L representative Nathan Van Loon argued that the SBA should not be pressured into giving money each year to an event with which the law school administration and its supporters normally foots the bill. According to Van Loon, "they (the law school administration) try to stick this to us every year... and it's time someone should take them up on it." Following much contentious debate over whether or not the SBA should try to please the administration, the request was approved. The next SBA meeting will be on Tuesday, February 17th at 5:30 pm in O'Brian 209. If no candidate has been selected to fill the position of dean by the summer, an acting dean will be appointed for an interim basis, who according to Provost Headrick, will be R. Nils Olsen, the current Associate Vice Dean. Dean Carrel on Loan to President Greiner's Office By Sol Sandberg Starting February 9 and throughout this semester, Alan Car­ rel, the Vice Dean for Administration, will be on leave from the law school to work in President Greiner 's office in the position of deputy to the President . As deputy, Dean Carrel will be respon­ sible for coordinating the President's office and for a number of external matters. The move comes in response to a request by President Greiner to fill the vacancy in the position of deputy to the President after Molly Mckown, the former deputy ,left to take charge of govern­ mental relations for the SVNY system. As Vice Dean for Administration of UB Law School, Dean Carrel's work is concentrated primarily in non-academic areas. He oversees the alumni program, fundraising, the career development office, public relations and publications and student services. BP/LP Solicits Students ... Continued from page 1 In an interview, Dean Carrel indicated that he will be main­ taining his office at the law school and will not be replaced while away. He said that his responsibilities at the law school will be fulfilled by several people. New York City's Chinatown, boat rides, helicopter rides, web page services, and blue booking/typing services. The auction is being held on March 27th, at the Birge Mansion in downtown Buffalo, and the event is expected to break last year's attendance of 300 people. To inquire about making a donation, you can contact either Mindy Marranca (886-2140) or Kinda Serafi (886-4860) for information on how to make a donation. All submissions due Thursday by 5:00 pm in the Opinion office (in the basment). 4 �RECRUITMENT WEB SITE OF THE WEEK LEGAL BRIEFS INTERNATIONAL INSURANCE LAW Reversing a 2-1 decision from last March, the Ninth Circuit U.S. Court of Appeals recently held that "choice of forum" clauses can bind underwriters to the British Legal system. Assembled en bane to bring down a new ruling in favor of Lloyd's of London, the Court wrote that "the reach of United States securities Jaws would be unbounded," if litigants were allowed to ignore such clauses in favor of a hearing in a venue of their choice. Three judges dissented from the 8-member majority, writing that a decision for Lloyd's would unfairly burden the 600 american underwriters who contracted with Lloyd's on american soil. The suit began when the american investors experienced significant financial losses due to a series of asbestos claims coupled with the wreck of Exxon's Valdez. Met with what they felt was a clear failure on the part of Lloyd's to warn them of such potential risks, the investors attempted to sue Lloyd's for fraud under American Securities Jaws. The Securities and Exchange Commission filed an amicus brief supporting the american investors. The Ninth Circuit, applying the SecuritiesActs of 1933 and 1934--which nullify venue agreements in securities cases--heeded their recommendation. The recent reversal is bases on a U.S. Supreme Court authority that venue agreements are binding without a strong showing that fraud has been committed. HE CAN DO THAT? President Clinton recently used a holdover provision to extend the terms of New York's top federal prosecutors. The extended terms will now expire at the end of Clinton's term of office. LARGER PAYCHECKS FOR LAWYERS The National Law Journal's ninth annual "What Lawyers Earn" survey of salaries has revealed that the earning power of lawyer's has increased dramatically. Last year, the median cash compensation for chief legal officers in corporations rose from $225,000 to $260,000. Median salaries for associates jumped from $92,500 to $100,000. For seventh-year associates at firms with 51-100 lawyers, the increase turned $79,000 into $90,000. ABA DEFENDS MALIGNED JUDGES Last week, the American Bar Association called on state and local bar groups to "adopt programs enabling timely and effective responses to criticism of judges." Reacting to a perceived effort by certain critics to chastise judges merely to shake their credibility, ABA President James Shastack endorsed the policy, passed by the ABA's House of Delegates, as a positive step. The delegates also approved a resolution urging public officials to "refrain from threatening to initiate impeachment proceedings because of disagreement with isolated decisions of a federal judge." This week's choice is the multi-facetedAltheimer & Grey. whose practice runs the gamut from securities, finance, and government Jaw, to environmental, intellectual property, and employment Jaw. A&G also has a litigation division that specializes in antitrust, insurance, bankruptcy, intellectual property, labor and employment, criminal defense, and grand jury investigations. This year, A&G plans to hire approximately 15 to 20 second year Jaw student for their Summer Program. Participants choose a department in which to work; close work with partners and associates works in tandem with legal training to make sure interns don't just fetch coffee. A&G is committed to pro bono work, and is committed to principle of equal employment opportunity. There is also a special effort to hire lawyers from other countries. For further information, their website can be found at: http:// www.altheimer.com/recruit .html. Editorial Continued from page 2 and Ideology. For instance, how effective is your chosen weapon? An4 backing that up, how compelling is the doctrine you are calling attention to? The key to success in this complex and exhausting event is a coherent belief system given widespread notoriety by an act of ruthless violence perpetrated by a flashily named anti-hero. " Bob Costas: "Wow. That's quite a mouthful, Tim." Timothy McVeigh: "Well, you have a lot of time to brush up on your vocabulary in the ADX. " Bob Costas: "/' LLbet! And while you 're at it, you probably have a lot of time to speculate as to--who will win this contest! What's your bet, Tim ? " Timothy McVeigh: "Bob, if the federal government hadn't confiscated my possessions, right now I'd be betting it all on the Army of God. For all his zeal and determination, the Unabomber has embraced a philosophy that most people just don't understand. A world without advertising, tv, or R&D is just too radical on idea for right now, and this will cost him big time points in the credibility zone. Meanwhile, the Army of God embraces the type of moral surety commonly found in many of today's more fundamentalist Christian sects. While the killing of homosexuals and abortion doctors is not the sort of Sunday activity every snake-handler has on their calendar, many find the assertion that "God said they had to die" a compelling argument. Meanwhile, speculation runs high that theArmy of God is more than once person. Teamwork is always a big scorer." Bob Costas: "Incisive words from Timothy McVeigh. And now it's on to commentator Donna Rice at the Ruin A Political Career Women's Gymnastics Competition ..... " Actually, I lied. Satirical flight of fancy aside, you get this type of entertainment on tv all the time. From Watergate to Tailgate, popular media is pushing the limits of the coverer and the covered. There are more stories on "how the media is covering ..." something than there is actual hard news. Ted Kazinski maimed and killed people to call attention to his belief that mass media is strangling society. The Army of God is fighting an uphill battle, killing its "enemies" in a world where there is increasing media support for equal rights and choice. And the media, which plays such an important role that people kill to fight it, gives us Tonya Harding and Nancy Kerrigan. Who's on thin ice? 5 �A FOOL AND iliscAusE death penalty being preventative have always been suspicious to me. People come up to me, show me one set of numbers invariably called "murders" and another set of numbers called "executions." The purpose is to show that as executions go up, murders go down. Of course, these same people will never show any reason why I should think the numbers arerelated, aside from coincidence. After all, if the number of murders go up this year, I can develop charts, graphs, and correlation (just as valid, apparently) to show that every year in recent memory that the NFC has won the superbowl, murders go down, and History is packed chock full of people quite willing to kill innocents, enemies, and perceivep wrong-doers in order to achieve some mystical end that is vaguely identified, but always justified in the minds of the executioner. Some of the more bold in their goals are even willing to take the sacrifice to its logical extreme, and eliminate their own lives to get the most bang for the buck in their unholy quest. But nothing has disturbed me more of late ( and if you know me, you know I am usually disturbed about something) than the execution of Karla Faye Tucker. €.BR. \A For those avoiding contact with the outside world, the state of Texas put her to death this last Tuesday, Febru­ ary 3rd, a little after 7pm, via lethal injection -- a process that entails the state injecting chemicals into a persons arm as they are strapped to a gurney ...from first injection, it takes approximately 8 minutes for the victim to die (the state becomes a sort of twisted Jack Kevorkian). Tucker creates an interesting case for us anti­ capital punishment types. There is no question of her guilt. She admits that she did the crime she was accused. Her crime itself, was a rather grizzly murder of two people with a pick axe. There is no mistaking what she did. This was not some questionable case of "oops, my finger on the trigger slipped." Thus, anti-death penalty types such as myself are in a bit of a quagmire, because there can be no argument laid of "what about those that are innocent who cern in this case for me, since I feel that were I on death row, and I thought claiming to be a Christian would spare me, I'd find myself the biggest cross I can. People find all sorts of religion, peace, etc., when the executioners noose is about to be drawn. It almost seems like a natural reaction: I killed someone, I don't know if there is a God or not, but if there is, I'd better do something, or else I'm going to hell. Its Pascal's wager. BORN AGAIN REASONS While I do not think her born-again status should matter in cases of death penalty (even McVeigh, assuming guilt, would get me writing that he should be r_~-------~-----r------fiR_ "'/4, \ '\ '\ UH.. MI. 6 8 .,,tlND ltT \As -P'RAY ~o~ O\.l'R, SIS T€ ~, KRRLJ{, w ~OJ f\T LF\ST, c."f\P4 °Rt.ST :X:N "'PEf( CE.•. �when the AFC wins the superbowl murders go up (of course, this is based on a coincidental chart that compares NFC and AFC victories to economic prosperity and recession). The point is, until someone can show me some direct linkage, these comparisons are coincidence. Retribution and rehabilitation, on the other hand, go hand in hand. You generally support one or the other. Some people believe that heinous criminals like Tucker cannot be rehabilitated. Some people believe that no matter what, people MUST be punished in certain ways for certain crimes. There are people who would execute drug dealers, rapists, and kidnappers. On the other hand, there are people who believe in a second chance, or in rehabilitation -- the concept that through counseling, imprisonment, and any other combination of ideas, a person can conceivably be rehabilitated and maybe even re-enter society as a productive member. It may sound like liberal BS to you, but the fact is, not everyone gets to grow up in the middle class surroundings that most of us law students have had to endure. Me? I think each case is different. Some people can be rehabilitated. The thought of rehabilitating a Timothy McVeigh or a John Wayne Gacey seems a little far fetched to me. But, when I was visiting Attica as part of Prisoner Law last semester, our class met an inmate in prison for homicide, and he admitted his crime, and ·explained what he has done since entering prison (went in illiterate, now has a bachelors degree, for example). This man did not strike me as a threat. Was he rehabilitated? He sure seemed to be, but that is not for me to decide. I'm not on his parole board. A GREATER EVIL But my concern is with a different kind of annoyance that has sprung up with the Karla Faye Tucker case. We can sit here arguing the death penalty all day, but we'd never get anywhere. The issues, positions, and sides have been hashed out so many times, they almost have taken on a life of their own. What concerned and disturbed me most about this case was the reaction that some people had. Radio shows were alive with callers expressing their views that she deserved death. People were actually picketing outside the prison confines, and cheered on her death after it was announced. Can you believe this? A small part of me can understand the pain that the victims family must feel. If someone killed someone close to me, it is natural to think that I would want revenge -- I would want to kill them myself (though this does not mean I would -- I am talking about basic animal/human instinct). But what on earth would be the excuse that the rest of the people in this country have? If Karla Faye Tucker were to spend the rest of her life in prison (a fate, I assure you, that is no pleasant alternative), would she be a threat to the rest of us on the outside? Not likely. When she was executed, did it some­ how rectify the wrong that she committed? No, her victims were not brought back to life. A family member of one of Tucker's victims was on TV speaking about how Tucker got what she deserved, and that their (the victim's) family is now complete again. He spoke of bizarre ideas of Tucker meeting up with her victims in the afterlife, and then gettingTexas style revenge. One can only imagine the amount A Clean Well Crafted Case by Rick Adams (a.k.a. Katie Mc Dowell) It was hot in Buffalo that August. It was so hot the hills shimmered like heat off white elephants and the gin went bad un­ less you kept it in the freezer. The Toronto Star had me on loan to the Buffalo News to track down a story about a vanished judge. The Buffalo News had great sports writing. The kind of writing you want to do, never know how to do, but know you should do, just to work the fat off your soul. Now here's the rub: the vanished judge was the governor's daughter and the governor's daughter always gets the finest kind of attention. Especially from the press. Like Lady Lucy at Juan­ les-Pins. Ah, Lady Lucy of the Magnificent Spirit! Lovely Lady Lucy who drank anisette from a mason jar and whose voice was like a gold coin sliding over the lacquered bar at Harry's Grill. But that's a story of another country and I will not visit that country today. The governor's daughter had not been seen for three weeks. The last time anyone saw her she was in her chambers shaking her head and muttering incoherently about a purloined dagger from a celebrity murder case that she had just tried. Her clerk told the press that after the trial she kept murmuring that she had to find "a clean well crafted case." That was her grail. We all have grails. That murder case was damn bad luck. Bad luck all the way around. Bad luck in bad heat. Like a four-day blow you never get out of. The worst damn sort of luck. I tracked the judge to Saratoga and then to Lake George. It was cool and lovely at Lake George, there at the Grand Sagamore, with its cool, lovely, rich, lousy guests. I was in no mood to social­ ize. I wanted to wrap-up this story and get on to Majorca for the cock-fight season. It would be spicy in Majorca this time of year and the Campari would run warm and dry. Lousy timing for this two-bit story. And then I saw her. Lovely and fresh and cool with hair the color of blowing wheat in an Indiana rainstorm. She was in­ deed the Governor's daughter, Ainsley. Yes, Ainsley. Suddenly, Ainsley. I walked quietly toward her. She looked as inviting as a temperance meeting in Utah. I said nothing. She was laughing hys­ terically. She kept dipping her hands in and out of the sand and murmuring "The dagger! The dagger! The Horror! The Horror!" It didn't mean much to me. It didn't seem so important to me any more, either . She was in another country. I would not disturb her in that country today. Not on this fine, cool day. There would be better days for fishing that trout stream. I walked back to the dock­ side bar. "Whataya have?" "Beefeater's martini, extra dry, no olive. Make it a double. One for the lady, too." "Over there?" "Yeah. Over there. " I lingered over my Beefeater's. It was the kind of gin that swirls so clean and so clear over your tongue and down your throat and into that secret special place and makes you think about van- Continued on page 9 Continued on page 9 7 �MY SPLEEN TAMMY, IN A FEMINIST'S CLOTIUNG BY KRISTIN GREELEY, 3L I figured since this is my last semester, I might as well voice some opinions in my column. After all, this is the Opinion. So I'm going to voice what I gather to be a somewhat unpopular opin­ ion. I know this because pollsters tell us that people actually like Hillary Clinton. I don't. I have never particularly liked the First Lady or agreed with her, and the events of the past few weeks have not helped endear her to me. Let's begin at the beginning, as they say. The beginning of Hillary Clinton for me is her comment on 60 Minutes about not staying home baking cookies, and standing by her man like Tammy Wynette. Fast forward to the present -­ her husband is accused of having an affair with a 21-year-old in­ tern, and has already admitted to having an affair with Gennifer Flowers. Mrs. Clinton attributes these latest allegations to a "vast right-wing conspiracy." She's standing by her man. There's nothing wrong with standing by your man. In fact, I think if you have a man, you should stand by him. Unless you have a reason not to. If these allegations are true, Mrs. Clinton has a reason not to stand by her man -- he's been unfaithful. She, and everyone else, knows that he has been unfaithful to her in the past. It would seem logical, therefore, that these allegations are not outside the realm of possibility. Yet Mrs. Clinton acts as if they are, suggesting that some mysterious conspiracy is out to sabotage her husband. Is this the position taken by a feminist of the caliber Mrs. Clinton purports to be? I don't think so. Wives often know when their husbands have affairs, especially if they are habitually unfaithful. I think she knows whether or not these allegations are true. l f she knows that they are true, her position is not the one that a strong, educated, allegedly feminist woman would take. The position she has taken is one designed to save her husband's political career. That's what got her to where she is now. She knows enough not to bite the hand that feeds her, so to speak. But she's not at home baking cookies, standing by her man, she says. I say that's exactly what she is doing. A rriore moderate position, a wait-and-see attitude, would be more befitting a woman of her convictions as she has expressed them in the past. She's educated and successful on her own, and doesn't need to stand around waiting for whatever her husband chooses to give her. If the allegations are true, and Mr. Clinton is impeached or forced to resign, Mrs. Clinton will go down with him. And all she will have is an unfaithful husband to show for it. Well, Hillary, sometimes it's hard to be a woman. 5CA-U; @!q~Dj i11be..()e~T °SoS/\·,&-\.1 u/'\tot~+-\.-.c:0Sc-v\ls e,(oel"iuc.e~ 1 ''e.+tv-,c.. C.,\~"'"si"s": "' evp\,,.e...,.·•~M -i:,,,.- ~e...o0ko. r ti,-..Q.. Tl\ o... r.ewl. ""-"C':>0~ 5M1tl Se.<'\i.!>. T\...e..-\,Ile,,\~ :>"-t" s,\c.l\i-17 W<A\-c..L...",.Aa· Ale Fe\,Y~ IC\q~ ¥-.w\"'- F"'-ye... Tu~,,eo.~~ w\.-.~,~+1,,.ou.:."-1\}..>°'C..oMpl1,1+e.7(.)l\re..lc..reJ C>l'\Ir4,\,3•~ 1<iq? T~ic"".s~ ('A\Jr~e. eir..h,.io, C,..f\or-..y~u:, 5t-rc,../\Je,t"5 C\r..tt,~ 01\ ke.r- be.o..¼ I_ �A Clean Well Crafted Case Continued from page 7 ished beautiful women, duck hunting, and fishing for wild trout on the Plampas in the early April rain. It made me think about things that were swell and not so swell, and about when you knew them and how you had to think of them, when you knew them, or you couldn't think at all. It all mattered then. A cold wind blew. Some people have rotten luck. Plain rotten luck and lousy timing. She had both. After awhile I thought about how I'd explain this one to my boss. But that's another story in another, more distant country. 1 ... _- ?.: .. :: .. ' Successhas its price. · For law See Hemingway's classic short story "A Clean Well Lighted Place." The Anarchist Continued from page 7 students, it's just $10a year. of hate that this man was and is consumed with. But as I said, a part of me can actually understand this. Its the people who were outside, consumed with such rage, that really make you wonder. Many people who support the death penalty are Christians, who seem to view it as a tool God gave us to deal with heinous criminals (is it conversely pos­ sible that abortion was God's tool to help us deal with overpopulation?). However to hear Governor Bush of Texas invoke God in the hour that he refused to grant her a stay of execution, made me cringe. He said that he hoped God would bless her and then sent her on to her death. CONCLUSION It is a sad day when we Jive in a society that endorses its own brand of murder to deal with undesirables. The message that we send, that "some killing is OK," is just unfathomable when we have political zealots on TV decrying violence. The society that kills together, stays together?!? Boy, if that's the point that our society has come to, then I'll be sure to continue to keep myself at arms length. T en dollars. That's all ~ costs to be part of one of the best networking resources you·11ever have now and throughovt your legal career - the New York State Bar Association. jo,n now. and you can make more contacts in less time for less money than many other sources availableto you. NYSBA's membership has alwaysincluded the leadinghght>of the 'egal profession. Ten dollars to be In the ume association with some of the most powerful forces in the legal profession. In addition to joining more than 60,000 of New York state's most prestigious lawyers, judges, professors and law • students, you get all these advantages: • FREE admission to aJI Law Student Councit pro1ram1 • FREE admission to NYSBA's Annual Meetins In J;anuary In New York City The Councll ~ • FOUR publications: The sBar N-. The N-York S- N-Yortc a.- Bar J--i D • Discounts on molt of TWENTY practJce concentr&tJon leC'tions • Awards & competitions for lea-aJ wridna ildvocacy and rese.arch • Discounts on continuins lepJ educallon and pn,dlcaJ sldn, _,....,.. • Choice of lnsunnc:e plans • Discounts from BAR/BRI Bar Review • Guidance on pro bono opportunities • Profession.a.I and person.a.I money-u.vina discounts ----- Yes, I want to join I I I the New York State Bar Association. Enclosed is my check for $10. HAIL TO: Membership Department New York Sate Bar Association One Elk Street.Albany. NY 12207 E-Mail:membership@nysba.org NAHE STREET CITY STATE ZIP LAW SCHOOL GIIADUATION OATE I. DATE OF 8111TH PHONE NUMBER ----- New York State Bar Association L by Ken Grant 9 I I II a·~ 11111 iii Or, join on-line: hllp://www.nysba.org NYSBA �TIPS FOR Pl/PS AN INSIDE LOOK AT THE N.Y.U. PUBLIC INTEREST JOB FAIR AND SYMPOSIUM by Kevin Hsi Prior to coming to Buffalo for law school, I was fortunate enough to attend the annua_lPublic Interest/Public Service Job Fair and Symposium (better known as Pl/PS ("pips")) at N.Y.U. Law School last year. In addition, I have also attended the NAPIL job fair in Washington D.C. last semester during the fall break and had a similar experience. Given that the Pl/PS fair is THE major event for law students looking for public-interest jobs and internships in and around the New York City area, I feel that a little advance knowledge (call it advice if you wish) could be helpful particularly for the lLs and other students who are going for the first time. First of all, the fair itself is open to everyone (who's a law student that is - although I was able to get in last year by mentioning that I was a proud graduate of N.Y.U. 's paralegal program). This means that I will strongly encourage everyone, especially my fellow lLs, who have any interest towards the public sector (i.e. government or non-profit) to do their best to try and attend the Pl/PS fair which will be held on February 19 and 20 at N.Y.U. 's Law School. Even if you have not submitted a resume through the Career Development Office (COO) and/or you do not have any official interviews lined up for the fair, there are three major reasons why you should try and go. The first reason is that while several organizations have previously scheduled interviews for the fair, virtually every or­ ganization will have some additional representatives available to speak to everyone else at a specified table where they will have informational material available. These are known as "table­ talks." They are basically informational interviews which re­ quire no previous arrangement and they are a good way for learn­ ing more about what's out there in the public interest field. Al­ most all interviewers will accept resumes on the spot and some have even been known to schedule a formal interview right away within the next few days right after your talk (though that did not happen to me personally). From personal experience, I have found almost all the representatives to be very friendly and open to all questions. Of course, it's up to the individual to approach them first since there could be hundreds of people moving around the fair and talking at the same time. As a side note it should be noted that the representative may not be the most "representa­ tive" member of that organization, so don't Jet F.I.S. (First Im­ pression Syndrome) deter you from speaking to someone at an organization which you might be interested in. The second reason for going is that there are several career panels which are open to everyone. These panels cover a wide range of the public interest world (i.e. legal services, crimi­ nal justice, civil rights and civil liberties, labor and employment law, human rights and public international Jaw, etc.) and consist of practicing public interest attorneys from all over the country. basically the attorneys tend to discuss what they do, how they got to where they are and what you can do to try to get where they are or wherever else you want to be. Having attended all of the panels last year, I know that all the panelists strongly en- courage questions from the audience and tend to be frank yet optimistic about their life in the public interest field. The third reason is simply this: networking. The sad truth is that it's hard to get any job (at least one which is satisfy­ ing in the long-run) without networking. My impression of this is that it is especially true within the public interest law commu­ nity. There are various reasons for this, not the least of which are economic ones. Non profits by their very nature are forced to be selective in their hiring (whether for internships or full time jobs) by virtue of their limitedfunding. As such, they will like to hire people who they can rely on and the way to become one of these people is by networking ( and by demonstrating your commitment to some of their causes along the way). In addition, because we are in Buffalo, it is even harder for these groups to come up here as it is for us to go down there to New York City given their limited budgets. (Heck, even many multi-million dollar Wall Street law firms would rather have us visit them than for them to visit us although it's likely that their reasons are not solely economic ones.) Without a doubt, the Pl/ PS fair is the best place to meet the largest number of employers from the largest number of places all at once. Even though it may not be the ideal way to conduct a job search (being in a room with hundreds of lawyers and law students isn't too pleas­ ant for most people), the potential networking opportunities are tremendous especially if you remember to follow up on them. Even if you don't get any offers right away, keep in touch with your contacts as many will try to help you out so that you can maintain your commitment to causes that both of you believe in. The public interest community (sadly) isn't that large, so even one connection with one person or organization can likely go a long way. My final tips are these: first, dress up as you would for any formal job interview. While there's no official dress code that I know of, it's much safer that way. One irony is that for an area of law that tends to pride itself on its relaxed dress code and attitude (as compared to the private firms), the appearances of virtually all the interviewers and interviewees were formal yet comfortable, professional, and yes, even conservative (although the attitudes did vary from interviewer to interviewer). Second, bring more than one version of your resume and bring lots of them. Third, do some advance research on your top choices in COO and if possible on the issues which those organizations deal with. This is a good way to impress the interviewer with your knowledge and will prevent him/her from having to give you the same canned speech again (they'll probably appreciate it too). Fourth, when you get there, try not to be intimidated by the size of the crowd and the hectic pace. As long as you don't have any formal interviews scheduled, you can work the room at your own pace. Finally, as cliched as it sounds, try to relax, talk to different people whenever you can and have some fun - after all, you'll have a weekend in New York City to look forward to when you're done. 10 �Criminal Law Career Panel Hon. Sheila DiTullio Erie County Court Judge Herbert Greenman Private Sector Defense Attorney Marianne Mariano Federal Public Defender Helen Zimmerman Erie County Public Defender Come hear panelists describe their professions, give thoughts on their career choices and on the future of criminal law. All are welcome! I February 12th at 6:00 p.m. ROOM 107 �These are the People in Your Neighborhood ... Bahatti Pitt, SBA President, in chambers ... the People that You Meet Each Day Opinion columnist Kristin Greeley Translation of our latin motto: 11 And now for something completely different. 11 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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T •- _ •' • ••,A•A<. 0 • .,N• •• . TI . ••_.;_. "Vi veri veniversum vivus vici. " Vol. 38, No. 8 Who Could Smell 02.16.98 O'Brian? be irritating to the eyes and skin. The odor and vapor from the chemical was picked up by the building's air handler and circu­ lated through the building. The air handler is a system of fans and controllers that circulates in the building what is for the most part recycled air. In a phone interview, Henry explained that the chemical, named Inhibitor MB-60 was a corrosion inhibitor from the family of chemicals called Amines. As its name suggests, it is added to water circulating in the heating loops of O' Brian Hall to prevent corrosion. In general, Inhibitor MB-60 is not the only chemical added to water circulating in the heating loops. Many circulating loops contain water with algaecide and bactericide. However, they do not emit an odor. Henry said that although spills of this kind are not routine, by Sol Sandberg On the morning of February 9th, a call went out from the Dean's office seeking an answer to a vexing question facing the UB Law community. The question: why did the school stink? Ear­ lier that morning, members of the faculty and staff complained to the Dean's office about burning eyes and a foul odor circulating on the upper floors of O' Brian Hall. While servicing a malfunction­ ing valve in an interstitial space that houses a mechanic's room between the seventh floor and the roof, members of the mainte­ nance staff had sometime before spilled some water mixed with a chemical substance on to the floor. According to Lou Henry, the Director of the Occupational and Environmental Safety Department, the chemical component, although not toxic, had a vapor with a sweet acrid odor which could Continued on page 3 Summer Fellowship Applications Available Women's Law Center Seeks Interns by Russ Klein by Russ Klein BPILP fellowship applications will be available in the Ca­ reer Development Office (CDO) on Tuesday, February 17th. Summer fellowships are a minimum $2500 for 10 weeks of public interest related work. There are also 3 fellowships avail­ able for $3250 for 13 weeks of public interest related work in New York State. Along with the regular fellowships, three student groups (Outlaw, LALSA, and DVTF) will offer Co-Op fellowships. These fellowship applications will require separate essay questions, and will also be available in the CDO. All applications must have an accompanying agency state­ ment assuring placement anywhere in the US and abroad. Applications will be due in the CDO office on March 25th, at 5 PM. The Women's Law Center is seeking interns to help set up the office, write grant proposals for funding, perform client in­ take, and assist the attorney in representing clients. The Women's Law Center is re-opening in the area after a brief absence. A subsidiary of the YWCA of Niagara, the Women's Law Center provides legal service to women as one component of the YWC~s comprehensive Alternatives to Domestic Violence Program. Continued on a e4 Inside the Opinion ... Johnnie Cochran Speaks ......................................... .4 Images in Male Returns ........................................... 8 Big Opinion Survey................................................ 12 And other news, cartoons, columns, and feautures ... 1 �Editorial Last week, my grandmother died. Emotional stuff aside, this meant three things to me: 1) After all these years, I would finally be able to justifiably skip class. 2) After only two issues, I wouldn't be around to work on the News Briefs and layout of the Opinion, which led me to speculate that Russ and Ken would prob­ ably make it look a lot better, just to spite me. And 3) Do I really have a cohesive moral syllogism that puts me in favor of the right to die? Let me preface this by saying that my convictions are never that rock-solid. In an uncertain world, ambiguity reigns, and the existence of a god, the righteousness of environmental­ ism, and the surety of wearing seat belts, are always subject to skepticism. I lean toward pro-choice but question whether or not this is because of some abstract foresight to an inconvenient situ­ ation I might find myself in someday, I lean toward pro-anarchy but question if I could truly be responsible for myself without any laws, and I lean toward pro right-to-die because the idea of wast­ ing away in some stinking cesspit of a home during my final years terrifies me. The personal is political. The political is very self­ ish. My intellectualization of death--which at the point of in­ tellectualization ceases to become death, and becomes a "right"-­ starts with the basic premise of self-determination. I possess my life, I have exclusive rights to it, and should I wish to terminate it, there should be no question as to my power to do so. Two hundred years ago, in a system of strict liability, this would have been true. Today, however, there is a new ethic pervading our soci­ ety--negligence. Nothing I learn last year made me more livid. Through this mindset, if not the actual legal application, we can see links between my death and the death of another. Let's say I decide it's time to go. Fulfilling the dream of years, I leap out of a plane without a parachute, and let my (nine­ decade, ten-decade?) old body plunge to the earth. Blammo. I'm dead. Any friends I have left go out drinking. The end. Or so it should be. But let's say, seeing me off myself so graciously, the family of a feeble old person, or perhaps a young victim of terminal cancer, encourages them to do the same. Un­ like me, however, these people have decided it's not their time to go, that they don't want to die, and that, at long as they keep mak­ ing those fun new painkillers, it just isn't their time. Their family pressures them some more. They consent. It's all perfectly legal. But. When messing around with life, it is best to wear kid gloves. It's one thing to be a role model influencing kids to "just do it." It's another to set the precedent to "just end it." Well, round and round, my problems go, but there's usu­ ally one point where I get off, and it's usually only a stone's throw away from certainty. It goes back to something my Father used to tell me, usually when he was somehow conveying the message "no sympathy." It went like this: "Monkey see, monkey do ...." You know the rest. And the meaning? The human race can not be held responsible for the individual weaknesses of its members. Legally speaking, especially in the current tort-frenzied climate of the law, this argument doesn't hold much water. So is there a constitutional "right to die?" Sure. Well, as much as there is a "right to travel," or "right to privacy," or "right to choice." However, this editorial is not meant to grapple with what we've done to the Constitution. Oh, well. Someday we'll get it right. I mean, if there is a "right." Huh. Howza 'bout that wonderful voter turnout in Maine? -- S.A. Cole Editor in Chief. ................................................................ S.A. Cole Staff: Music Guru .......................................................... .Justin Archangel Columnist. .............................................................. Kristin Greeley News Reporter ................................................................. Kevin Hsi Columnist. .................................................................... Randy Janis Graphics and Layout Editor ........................................... Ken Grant Business Manager ........................................................... Dan Baich Managing Editor I... .................................................. Cindy Huang Managing Editor 11....................................................... .Joe Huang Columnist.. ............................................................ Katie McDowell Op/Ed Editor ................................................................. Russ Klein News Editor ............................................................... Sol Sandberg Columnist. ..................................................................... Adam Perri Photographer .............................................................. Rich Ram din The Opinion, SUNY al Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 PM, please). Submi.ssions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box nµmber on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �Who Could Smell O'Brian. .. Continued from page 1 complaints about odors in buildings are common. Usual causes of odors are laboratories, trap odors, maintenance, pepper spray ac­ cidents and tar. According to Henry , 90% of the odors are gone by the time staff from the office of Occupational and Environmental Safety arrive on the scene. Henry noted that smell is a subjective thing with some people having a high sense of smell an others a low sense of smell. In the case of the chemical spill this past Tuesday in O'Brian Hall, he denied any danger saying," The nose starts picking up smell at a couple of parts per million ... The nose is amazing. You would be shocked at the sensibilities of the nose and fortunately for most matters the threshhold that you start to smell is far below the threshhold of health hazard." He added, "You also have to look at the cumulative exposure to the chemical." To get rid of the smell, workers from the Office of Occupa­ tional and Environmental Safety used the air handler. Usually, the air handler recycles about 90% of the air and takes in 10% from the outside. The air handler was set to take in a greater fraction of air from outside. According to Henry, after a few hours the smell was gone. Some students agreed with Henry's assessment of the situa­ tion. However, Russ Klein, a 2L, said "the building always smells," and Brenda Tomes, also a 2L, stated "when I entered the building in the evening I still smelled the odor." At least one student was oblivious to the smell. Nancy Saunders said "I smelled nothing." The Office of Occupational and Environmental Safety is re­ sponsible for all safety concerns that are not in the province of Public Safety. With a staff of 27 people, they are responsible for fire safety, life safety, chemical safety and radiation safety for a 131 buildings. They also handle industrial hygiene, workers com­ pensation claims, accident reporting, safety training and asbestos management. New Recruitment Effort to Increase Applicant Pool by Sol Sandberg The Office of Admissions has extended the deadline for ap­ plications to the Law School from February 1 to March 15. The extension was made to increase the applicant pool because a large number of applicants, some of whom have strong academic back­ grounds or are non-traditional students, were not able to take the LSAT till February. With the new deadline in effect, the school will consider LSAT scores from the February administration of the LSAT as well as the December LSAT. Under the old deadline, the De­ cember LSAT was the last LSAT administration to be considered. While extensions have occurred in the past, this extension is part of a new law school recruitment effort according to Marie Mcleod of the Office of Admissions. Coinciding with a university­ wide effort to recruit better students to UB, the law school's re­ cruitment effort is a self-driven response to the nationwide shrink­ ing of the applicant pool, a trend that has occurred for the past six years. The drop in the number of applicants has led to increased competition among law schools to attract fewer well-qualified ap­ plicants. Based on a study of the resources available at other law schools to attract applicants, UB's recruitment effort will involve increasing marketing, adding staff at the Office of Admissions and offering more financial aid to deserving applicants. According to Aundra Newell Shields, Associate Dean for Admissions and Student Services, representatives of the Law School attended 30 recruitment events-up from 15 last year- in­ cluding school fairs and targeted visits to schools with whom the Law School has a relationship and the Law School Forums in Wash­ ington, D.C., New York City, Boston, Atlanta, Texas, Chicago, and Los Angeles. Between 2,000. and 7,000 students attend each of the forums. UB was also one of twenty five participants in the pilot project of the LSACD-a CD-Rom containing information about the LSAT and legal education from the Official Guide to US Law Schools, and the catalogues of participating law schools. The CD-Rom were distributed at various Law School Forum. Further facilitating access to information by computer savvy potential applicants, the UB Law application as well as all cata­ logue information and additional information on faculty, curricu­ lum and the student body are now available on-line. As part of its effort to increase staffing, Office of Admis­ sions is currently seeking to hire a recruiting specialist whose pri­ mary focus will be expanding recruitment and marketing. Currently, most recruiting, especially at school fairs and forums is done solely by Dean Shields. Concluding that providing more financial aid is necessary to attract worthy applicants away from the competition, the Law School is providing financial aid services to accepted applicants above and beyond what is available through the central Financial Aid Office. Starting last year, full and partial tuition scholarships were offered to accepted applicants on the basis of merit and need. Currently, there are approximately one thousand applicants for two hundred and ten seats in the first year class. Those Were the Days ... Part 1 by Russ Klein The University at Buffalo, School of Law is probably per­ ceived by most current enrollees as a pretty tranquil place - almost to the point of apathy (have you noticed our Letters to the Editors section of late?). The most controversial groups in the school, like Outlaw, are well recognized as having a place here. But there was a time when things were different. .. In 1987, this very law school was so besieged with problems, that it actually enacted a hate speech code, known as the "Faculty Statement Regarding In­ tellectual Freedom, Tolerance, and Prohibited Harassment" (aka the Faculty Statement). Hard to imagine, huh? The incidents surrounding the Faculty Statement are no doubt very interesting, if not disturbing (on the part of all those involved). The Opinion archives show that in the Spring of 1987, a series of very unfortunate events took place: anonymous notes left in the mailboxes of some female students, containing anti-feminist and anti-gay comments, and even personal threats. One woman re­ ceived a decapitated teddy bear in her box with red nail polish around the neck. Another woman received feces wrapped in tin· foil, and her car tires were slashed in the parking lot. Finally, there was quite a bit of graffiti around the law school (bathrooms, desks, movie screens, and pay phones - the graffiti was racist, anti­ feminist, and anti-gay in tone). In response, on October 2nd, 1987, the Law School Faculty unanimously adopted the Faculty Statement. __ C_o_n_t,...in_u_e_d,_o_n_p_a_g_e Continued on top of next column 3 �Second Annual Outlaw Dinner by Russ Klein The Second annual outlaw dinner will be held on Saturday, February 28th at the University Inn. "A Work in Progress: Justice for Lesbians, Gay Men, and Bisexuals" will feature opening remarks by Dean Barry Boyer, Bill Goodman (President, Bar Association for Human Rights ofWNY) and Professor Estelle Lau. The keynote speaker will be Lavi Soloway, National Coordinator of the Lesbian and Gay Immigra­ tion Rights Task Force, speaking about "Lesbian and Gay Immi­ gration Law." Tickets must be purchased by February 24th, and is $10 for students, and $25 for others. The dinner will feature a cash bar starting at 6:30pm and a buffet dinner beginning at 7pm. To pur­ chase tickets, stop by the Outlaw table on the second floor of O'Brian Hall this week Tuesday, Wednesday and Thursday from 10-2pm. Tickets can also be purchased by calling 836-6148 (BAHRWNY)or 883-6165 (Outlaw). Women's Law Center... Continued from page 1 The Women's Law Center serves a population ineligible for Legal Aid whose income is insufficient to obtain individual repre­ sentation. For those unable to take advantage of the opportunity this semester, future placement is possible through the Family Vio­ lence Clinic ( contact Clinic Director, Suzanne Tomkins, Room 613), or though independent studies and summer internships. Students interested in working during the current semester should contact Eileen T. Duggan, box #364. WBFO to Host Discussion Panel by Ron Link A Student Panel discussion program is currently in the works for broadcast on WBFO radio. The issues discussed will vary but might include topics on a variety of different public problems both local as well as national in scope. Those students who may be interested in participating by sitting in on the discussions and expressing their opinions are wel­ come to respond. Interested parties should contact Ms. Jennifer Roth, general manager, WBFO at 829-2880 or leave notice of your interest in mailbox #104. Bridge Courses Familiarize Students with Specialized Areas of the Law by Mary Jane and Denis Uminski Bridge Courses enable law students to explore more special­ ized areas of the law. In January, the Law School offered a bridge course called "Adoption Issues" which was taught by Pamela Thibodeau, Esq. The course covered agency and private adoptions, including international and foster care adoptions. At the state level, attor­ neys must be familiar with provisions of the Family Court Act, the Domestic Relations Law, the Social Services Law, as well as local requirements of the Family and Surrogate's Courts. At the federal level, they must be mindful of the Indian Child welfare Act and of Immigration Law. Ms. Thibodeau emphasized the importance of sensitivity in dealing with both the birth parents and adoptive par­ ents. She also emphasized the importance of encouraging partici­ pation of adoptive parents in adoption support groups. She invited two members two members of Families Inter­ ested in Adoption to make class presentations; Susan Saur, Adop­ tion Social Worker with Erie County Surrogate's Court, and Mary Jane Uminski, Publicity Chairman for FIA and wife of 2L Denis Uminski. They spoke about the issues and concerns of birth and adoptive parents, local support groups and the process at the Surrogate's Court. During this session, each student received a copy of the FIA Factbook and Newsletter, a list of support groups in Western New York, and information on positive adoption language. Students had an opportunity to examine the "Blue Books" listing children waiting for adoption in New York State. It was emphasized that hundreds of adoptions occur every year in the county and they are positive and beautiful experiences. Students were told that it is relatively easy to adopt and that there are many ways to adopt, ANNOUNCEMENTS The Association of Women Law Students requests any infor­ mation regarding items missing from a locked cabinet in their of­ fice (Room 10, O'Brian basement). Among the missing items are five t-shirts for sale by a collaboration of Student Organizations concerned with social justice. CA S E N OT E COMPETITION First Years: The casenote competition for selec­ tion to law reviews and journals, including the Buffalo Law Review, will be held for the first time over spring break. You will receive more information in your Per­ spectives class as the break draws near. The Opinion has gone cyber. ;) <http://wi ngs.buffalo .edu/law /opinion> Would you like to write for THE OPINION? All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). Continued on page 4 5 �Bridge Courses... Continued from page 4 depending on the needs and back­ grounds of the adoptive parents. Finally, students were shown a copy of Look Who's Adopted, a children's book written by adoptive fa­ ther Mike Taheri, a local criminal de­ fense attorney and member of the UB Law faculty. Interestingly, two law stu­ dents had personal experience with the adoption process. One was an adoptive father of two, and the other was an adoptee who had located his birth fam­ ily. At the conclusion of the course, students were evaluated by their prepa­ ration of a set of legal forms for a pri­ vate adoption. Professor Thibodeau discusses an adoption form with 2L Paul Barr. Johnnie Cochran Speaks at NBLSA Conference in Buffalo by Kevin Hsi On February 6, 1998, famed attorney Johnnie Cochran, a member of O.J. Simpson's legal "Dream Team", spoke at the 30th Northeast Regional Conference of the National Black Law Stu­ dents Association which was held at the Buffalo Hilton in down­ town Buffalo. The conference's host was the U.B. Law School chapter of the Black Law Students Association (BLSA). Cochran spoke at the conference's Frederick Douglass Luncheon before a crowd of over 150 lawyers, judges, politicians, reporters and law students from over twenty schools in the Northeast region. Ap­ proximately two dozen U.B. law students also attended the event which took place early Friday afternoon. Aside from Cochran, students also heard from other speakers such as Deputy Assembly Speaker Arthur Eve, an Assemblyman from Buffalo and Robert Johnson, the District Attorney of the Bronx. Cochran focused his speech on the themes of the conference which were excellence, service and professionalism. Throughout his speech, Cochran cited quotations from famousAfrican-Ameri­ cans such as Frederick Douglass, Martin Luther King, Jr., Marcus Garvey and Michael Jordan. However, due to Cochran's involve­ ment in certain ongoing and high-profile litigation, he made no direct references to his role in the O.J. Simpson case. Likewise, Cochran did not discuss his role in the Latrell Sprewell case and the Cynthia Wiggins case which involves a wrongful death law­ suit against the Walden Galleria and other entities by the family of an African American woman from Buffalo who was killed in the winter of 1995 while crossing a busy street across from the mall to get to work. An investigation found that the mall had a policy of refusing to allow city buses to drop off people at its entrances due to alleged safety concerns. On the theme of excellence, Cochran said that students should "make excellence your goal in your every role." However, he then reminded his audience that "it's not all about money, power or your position over others." Cochran then quoted Maria~ ~rig~t Edelman, the head of the Children Defense Fund, who said don t just strive for money or power. They won't save your soul or help you sleep at night." Cochran also warned his audience that as people of color, "you will encounter things which the majority culture never had to deal with ... Our society is changing very rapidly. Within these changes lie some very sophisticated veils for racism." Cochran said that he viewed the ongoing attacks on affirma­ tive actions as "just another veil for racism" and that "when you see racism, call it for what it is or else it'll continue." Cochran felt that as lawyers, "you can use the law to help change society for the better." He said that he had learned how this could be true when he heard about Thurgood Marshall on the day the decision in Brown v. Board of Education came out. In his ac­ knowledgment of Marshall and other civil rights pioneers, Cochran reminded his audience that "all of those who came before you paid the ultimate price to help get you where you are now." Giving some insight and advice as to his own status in the world, Cochran said that being successful, "is not a popularity con­ test. It's not about who's going to love you or who's going to hate you. It's about who's going to respect you." On the theme of professionalism, Cochran mentioned that law students are "going into a profession which is being denigrated by many." Using Hollywood as an example, Cochran lamented that the portrayal of lawyers have changed a lot since the early 1960s classic To Kill A Mockingbird, where a lawyer like Atticus Finch was held up as the ideal. Nowadays, he says, the portrayal of lawyers have went from The Verdict (corrupt lawyer) to The Firm (corrupt firm) and now The Devil's Advocate (lawyers as Continued on page 9 5 �.·:;··:H ........:i· :-•··'.· .·_ The thing that ·:f{'j\( ')'l:k'.:::'.;) most people latched onto, · .., ' ·.._.· :::,,:::t.,,,l:'.:!; as soon as we learned who \ ._ .... -· we were dealing with, was that Ted Kaczynski was a --~~rt':_ -~ . . A~LEAFQR~rABOMBER; ·:, When Theodore Kaczynski agreed last month to plead guilty to charges that he was the so-called Unabomber, a small part of me was fairly let down. Of course, in the court of public opin­ ion, where you and I get to play judge, jury, and executioner in our minds, most of us had tried and convicted Ted Kaczynski -- some people I know had, in their minds, sentenced him to a pretty grue­ some execution at the hand of the state. I was not one of those sentencing Kaczynski to death in my mind. Besides the fact that I personally had seen no evidence proving his guilt (no, "but the FBI says they found this, that, and the other thing" is not good enough to me ...especially when its relayed through CNN Headline News via FBI leaks), I was hoping that the man who stood for much principle and morality through his admittedly Machiavellian methods would step forward and say "I did it, and this is why." For those of you not "in the know" (and I find it hard to believe that there are many of you with regards to this case), the accused Unabomber was so named because of a number of mail bombs that were sent out to university, research, and airport re­ lated targets (hence the nickname "unabomber"). In his reign of some 17 years, 3 people were killed, and quite a few injured. Some of the correspondence between the "unabomber" and the authori­ ties referred to a group, and not an individual behind the attacks. Many of the coded messages including the manifesto he later black­ mailed the Times and Post into running were signed "FC." No­ body has really figured out what it stood for (especially since the messages always referred to the bombers as "we"), but some specu­ lation was that "FC" stood for "Fuck Computers." The FBI released a sketch of who they thought was the Unabomber, and it is noted that the drawing looks, no matter how much I draw on my creative energy, nothing like Ted Kaczynski. For a long time, the "unabomber" sat atop the FBI's most wanted list, but people generally knew little about him. Then, out of the blue, the unabomber made threats to blow up planes at airports, and basically blackmailed the New York Times and Washington Post into printing his manifesto, Industrial Society and its Future. Shortly thereafter, with leads starting to actually come in, a man named David Kaczynski came forward and said that the writing and evidence made him suspect that his own brother was the "unabomber." Ted was arrested, and after a lot of time, some news­ worthy happenings (read a newspaper to find out), etc., we came to this point, with Ted pleading guilty in exchange for a life behind bars. ; .· · . :, .· . < ~11::,~~:~:\:1:V are all used to. Who uses a manual typewriter anyway? That's like using black and white film! Unbelievable. By most of society, Ted was labeled "sick," "crazy," and "mentally disturbed." It is questionable whether this "most of society" that I am speaking of actually read Industrial Society and its Future. It is questionable whether much of society has even questioned the society that we all live in at all. TED AND ME So at this point, the casual reader is probably thinking "ok, so you think we unfairly characterized Ted K -- so what, we do that to everyone! What's it to you?" 1 have, for a long time, had a strong sympathy for those who are anti-technology. I could never figure out why, or how to get out of where I am now, and I definitely don't condone murder/bombing, but stuff like Herny David Thoreau's Walden seemed incredibly appealing to me. My life started changing more appreciably when my friend Jen loaned me a book called 4 Arguments for the Elimination of Television by Jerry Mander. While most of my inherent political views ques­ tion the existence of government, this was the first book that I had really read that dove deeply into the subject of questioning the existence of our type of society. As you might guess, the book had a Jot Jess to do with just television, and more to do with every­ thing that is wrong with a society that builds itself around televi­ sion. Anyway, shortly after reading the book, I decided to act on something that I had wanted to do for a Jong time: I stopped eating all meat, and went vegetarian (I hope some day I can make the big step to veganism, but that is a long way off for me). Be­ sides satisfying my moral dilemmas on the slaughter of animals, I started actually feeling physically good after eating my meals. I no longer felt really sick after eating dinner at Governors dining hall or Putnams or Baldy Walkway (though one need not eat meat to get sick eating at these places). After a while, when I realized this pattern of eating and not getting sick, vegetarianism became easy. Very easy. Soon, I read a few other books and essays that solidified my views. My friend Kevin told me about a woodsman named John Muir (and even though I made fun of Kevin about the books, I did listen to what he had to say about Muir), I read a short play (on Kevin's recommendation) called The Night Thoreau Spent in Jail (by Jerome Lawrence and Robert E. Lee), a semi-fictional re­ telling of Thoreau's great act of defiance in refusing to pay taxes 6 �to support our war with Mexico, and several other books and es­ says, too long to list here (though I will specifically recommend Thoreau's A Plea For Captain John Brown - which this essay's title is based on). So over time, my views allowed me to understand what sort of society the "Unabomber" wanted. Believe me: 8 or 9 years ago, I'd have thought he was some sort of leftist freak (as it turns out, he is highly critical of both the right and the left). Now I can see the call to lesson this society's dependence on technology (yes, it does seem ironic that I am typing this on a computer). TED AND YOU But why should you care? You may not agree with every­ thing Ted Kaczynski did -- for example, I don't agree with his methods of terrorism and murder. But you should give second thought to his message. Remember, this "technology" era that we are in now is fairly new and quick to set up on us. I remember not too long ago, that computers were a rare thing to see. In Spring 1994, when I lived in McGinnies Hall at Fredonia State, my friend Jon let me borrow a Volker-Kraig dumb-terminal so I could do my email from my room. I was the only person in my hall to have anything resembling a computer ( and we are talking stone age com­ puting here ... 1200 baud modem, and a screen that looked more like a microwave than a monitor). Now, when I walk down where I live, every room has a computer in it, just 4 short years later. Do you think that all this radiation, combined with the radiation from our televisions that most of us have in every room, has no effect on us? Have you ever wondered why people seem to suddenly snap and pull out guns and start blowing away complete strang­ ers? Its the society around us! Its dizzying, its unthinkable• and it didn't exist not too long ago in this form. People go to Niagara Falls, and when they get to Clifton Hills, they see the most amazing array of lights, tourist traps, and pseudo-garbage that anyone could ever imagine. Could you pie­ -lure it?. One of the most amazing natural phenomenons need'! to have the bright lights of Oifton Hills near by? In the park that runs parallel to the falls acr~ the street, there is actually a foun­ tain •· as my friend Jen said, do you think with the Falls right across the street, there is somehow not enough water entertain­ ment that they need this little artificial fountain (and people were sitting around the thing!)? This summer, when my friends and I made a short day trip to Arkwright Park in Chautauqua County, near the first high water fall (I was too chicken to climb down the side of the cliff to get to the second water fall), therewere tons of beer cans, garbage, bottles, etc. Same thing when I visited Fredonia reservoir 2 years ago -- beer cans, bottles, cigaretterefuse, etc. to ourselves. The human body has shown that it isn't meant to withstand this, and now the human mind is showing that it isn't meant to withstand this either. Thoreau's Walden may be a dream to me, but someday .. The Earthling by Ken Grant IN MY LIFE (Lennon/McCartney - Submitted by Katie McDowell) Thereare places I' II remember All my life though some have changed Some forever not for better Some have gone and some remain All these places have their moments With lovers and friends I still can recall Some are dead and some are living In my life I've loved them all But of all these friends and lovers There is no one compares with you And these memories lose their meaning When I think of love as something new Though I know I' JI never loses affection For people and things that went before I know I' II often stop and think about them In my life/ love you more YET THIS IS WHAT OUR HIGH TECH, POR­ TABLE, MODERN SOCIETY IS GIVING US!!!! CONCLUSION I can't speculate as to what was actually inside the mind of Ted Kaczynski, but it seems so apparent to me that he has hit on something that is fundamentally wrong with the way things are going. Maybe we don't need to be constantly surrounded by ever increasing amounts of technology every where we go. After all, there is plenty to see out in the real world of nature (when we aren't constantly using the planet as our personal land fill). Do I think anyone here is going to change their views on the Unabomber? No. But I sincerely hope that, if even for a sec­ ond, anyone reading this will stop and consider what we are doing Though I know I' II never lose affection For people and things that went before l know I' II often stop and think about them In my life I love you more In my life/ love you more 7 �IMAGES IN MALE A man was walking along and happened to spit. Three times. All in the same place. The man went on. The gobs of spit remained And one of the gobs of spit said: "We are here--but the man is not. " And the second said: "He is gone." And the third: "That is the only thing he came here for--to plant us here. Weare the purpose of mans life. He is gone, but we remain. " education" to change or, in the alternative, suppress, attitudes and outlooks it doesn't like. More forthright people recognize this as brainwashing. Among the strangest obsessions of the cultural elite is that the attainment of female equality requires the fundamental alteration of male sensibilities. Many women under the age of 30 are brainwashed to believe this, and virtually every man under the same age has endured some measure of shrill female dudgeon about sexual equality. 4 (Most of this dudgeon, however, is spread by the same small percentage of women, who claim to possess a deeper understanding of female problems, and claim therefore a concomi­ tant right to speak on behalf of their better adjusted sisters). Lay­ ing aside the question of what precisely was so unfulfilling in the lifestyle of the 1950s, where the female half of the population could live in comfort, leisure, and luxury, and concentrate its ener­ gies on child rearing, that the female authors and trend setters counseled women to seek the pleasures of the time clock and the delights of the labor force in preference, it is instructive to con­ sider what the cultural elite does not consider objectionable in the current status of women: A) that a woman's sex life is not exempt from the general coarsening of modem life, and women of all circumstances are conversant at a tender age with sexual practices and appetites that in better days one would not impute to a concubine; B) that a woman's initial insistence on pursuing a career to perfect her emancipation has ripened into a necessity to do so, with the consequence that her children are often reared by strangers; C) that the cultural elite's denigration of marriage, the most reliable guarantor of female financial and emotional security in every human society, have left countless women lonely and over­ whelmed, without a man's hand to caress her at night or discipline her children by day. These ugly consequences of the headlong rush for equality of obviously dissimilar beings possessed only of complimentary defects do not diminish the zeal of the cultural elite. What exer­ cises the cultural elite is the suggestion that somewhere a man may be telling a joke that, if told to a woman, might be subjectively insulting to her. They would have us believe that the telling of jokes by groups of men, out of earshot of women, is proof of a nebulous and ubiquitous phenomenon called sexism, and boys must be educated from an early age not to consider a joke amusing if it contains the faintest suggestion of ridicule. Underlying such a be­ lief is the idea that a boy's propensity to enjoy or invent such a joke is a function of his rearing, and a proper rearing will alter the heretofore nature of the boy. Anyone who believes that nurture can overcome the impulses of nature should examine the following graffiti unearthed in Ro­ man Pompeii. CAUTION: Those with delicate sensibilities should bear in mind that the author of this article is not the author of these graffiti, and blame for any discomfort that these messages may produce should be placed squarely where it belongs: at the feet of a Pompeiian graffiti artist: hie ego nunc futue formosa forma puella laudata a mu/tis, set tutus intus erat.5 ---Fyodor Sologub 1 The modem conceit that human nature is socially constructed is one of the most pernicious and odious examples of intellectual onanism. The belief that human nature is ever perfectible has inspired very vicious acts by very ruthless people as they endeav­ ored to flay mankind toward its putative ideal. German fascism dreamed of improving the quality of the German gene pool by eliminating elements of the population with perceived genetic or racial flaws.2 The Communist Party of the Soviet Union assumed control of all aspects of educational, economic, and cultural life in order to "re-engineer the human soul" and fashion homo sovieticus, a new type of human being that would approximate perfection. These two attempts to remake human nature were not the only ones in human history, only two of the most notorious. Goethe once remarked that if you examine yourself too closely, you will find that you are sick. Periodically in Western culture, callow members of the idle, privileged elite will strike an ethereal pose and claim to sublimate the gratification of their per­ sonal impulses for something they interpret as a "higher good," or a "common good." They then tum their gaze inward to examine the minute details of the society in which they live. Invariably, they find their society and the people who inhabit it lacking, and try to remake society in their own image. (The hippies proclaimed their intention to "put America on trial"). The 1960s produced many Young Turks who believed that the purity of their ideals would waft themselves and their cause to greatness, but in the event were content to claw their way to material success, social status and prominence in government. Many of these people con­ tinue to believe that human nature in malleable, and they are will­ ing to employ the power and influence of their offices and status to alter the way that human beings think and feel. The lynchpin of democracy is that a government and a society must trust its citi­ zenry. The fact that certain members of the cultural elite do not trust the decent instincts of the citizenry and urge the employment of the state apparatus to re-form those instincts causes one to doubt the dedication of the cultural elite to a system of political democ­ racy.3 Prevented by the nature of our system from re-forming so­ ciety at bayonet point, the cultural elite employs a process of "re- --c-o-n""'t .... in_u_e_d_o_n_pa_g_e_9 8 �Images in Male Continued from page 8 And another selection, with lexical choices one can only call unfortunate: Cosmus Equitiaes magnus cinadus etfellator est suris apertus Despite their age, these vulgarities would not seem out of place on the walls of virtually any bathroom stall at our university. The amazingly modern feel of these pieces is a testament to how little human nature has changed over millennia. Prurient human nature winks across the centuries at us in all its earthy glory, im­ pervious to change in technology, style of life, religious belief, or intellectual movement. Our commissars of speech and thought fill surely fail to correct what Christianity, the Enlightenment, and the Scientific Revolution could not alter. by Adam Perri Endnotes: 1 Fyodor Kuzmich Sologub, Russian Symbolist, 1863-1927. Translation by Bernhard Guilbert Guemey. 2 The eugenicists who founded Planned Parenthood in the United States shared the similar goal of eliminating what they per­ ceived as undesirable elements of the American population. 3 In nations where such people come to power on the crest of revolution, the consequences can be grim for those who do not measure up to their imaginary ideal. Our democratic system has prevented the excesses common to totalitarian regimes, but the difference between a Nazi book burning and a disciplinary hearing for a speech code violation at an American university is primarily one of degree. 4 Perhaps someday, observers will rediscover the courage to identify these rants as the hysterics that they so plainly are. 5 This and the following example taken from AMY RICHUN, THE GARDEN OF PRIAPUS: SEXUALITY AND AGGRESSION IN ROMAN HUMOR (1992), 82. The author of this article has omitted the translations which Richlin provides, and cautions the reader that these are very vulgar and exceedingly lowbrow mes­ sages. More Announcemen/1 Faculty-Student Happy Hour The Student Bar Association and the Administra­ tion invite everyone to come attend the first Faculty­ Student Happy Hour of the Spring semester. There will be free food, drinks, and a great chance to mingle with students and faculty outside the classroom. It will be held from 4-7 P.M. on Wednesday, February 25th, in the 5th floor faculty lounge. SBA To Hold Raffle The Student Bar Association will be selling raffle tickets outside the library on February 23rd and 24th. The drawing will be for one pair of Barrister's Ball tick­ ets and one $250 BAR/BRI scholarship. The drawing will be on the 24th at 4:30 P.M.. Johnnie Cochran Speaks ... Continued from page 5 employees of the devil). Nonetheless Cochran remains hopeful that current law stu­ dents can change this bad image since, "I assume that when you came to law school to become a lawyer, a part of you is doing it to make the world a better place than when you found it." On the theme of service, Cochran's main point was that pro­ fessionals and other successful people have an obligation to give back to the community from which they came from. "From those to whom much is given, much is expected. Don't forget that," Cochran said. Due to an apparent time constraint, Cochran had to leave immediately after his speech without talcing any questions from the audience or staying around for lunch. Despite his abrupt de­ parture, it was clear from the audience's reaction throughout the luncheon that his speech was well received. Following Cochran's speech was Arthur Eve, the Buffalo Assemblyman who is also the Deputy Assembly Speaker. Eve placed great emphasis on the importance of prayer and service and challenged law students "to go back to the communities around your school and seek out students from the worst school in the area and tutor them for an hour a month. I guarantee you that one hour will make a difference. After the luncheon, Robert Johnson, the Bronx District At­ torney, held a workshop on the criminal justice system for inter­ ested students. Johnson is perhaps most well-known for angering Governor George Pataki with his refusal to seek the death penalty in a case involving an alleged "cop killer" due to his principled stance against the death penalty. Defending his stance, Johnson pointed out that the death penalty statute signed into law by Pataki specifically states that "the death penalty cannot be imposed unless the county D.A. chooses to bring it up ... it is (solely) within the D.A. 's discretion." Johnson also pointed out that, "so far, not one death penalty case has come up to trial in New York state" since it was reinstated in 1995. Aside from discussing the death penalty, Johnson also dis­ cussed his role as the District Attorney, his view on the root causes of crime, working with the police and deciding when to show prosecutorial discretion. Johnson also defended his office against criticism that his office has not been tough enough on police bru­ tality and that the criminal justice system is biased against the defendant. In Johnson's view, it is the opposite that has occurred. For one thing, ironic as it may seem, he feels that it is the poor who have a better chance of achieving justice under the criminal jus­ tice system since many Legal Aid attorneys are better trained and qualified in handling criminal law cases than many of the private attorneys whom the middle class can afford. Johnson also ex­ pressed his satisfaction with the fact that "the D.A. 's office have been doing more on prevention nowadays." As with Cochran, Johnson's speech was well received by his_ audience and one student even publicly thanked him for his will­ ingness to stand up for his principles despite the political pres­ sures around him. Overall, the BLSA conference was seen by many as a success due in part to its ability to draw such prominent figures from the African American legal community. Letters to the Editor should be delivered to the Opinion's basement office or to box 95 or 27 (your choice). 9 �IRAQI DODGE BALL by Randy Janis Eight years ago, give or take a week or two, I was anxiously counting the days to my discharge from the Israeli army. Yeah I was a soldier in the Israel Defense Forces, a sergeant in fact, but I was not a commando, or paratrooper, just an average soldier serv­ ing on a base in Tel Aviv. With only three weeks left in my service the U.S. began to make preparations for Operation Desert Storm. Saddam Hussein promised that any attack on Iraq would be countered by an Iraqi strike on Israel. With Saddam's eyes set on Tel Aviv, my base became the bulls-eye on Saddam's scudboard. At this point in time the fear in Israel was that Saddam knew that he was soon going to Jose power and that he would leave his mark on the Arab world by dropping chemical scud missiles on Israel. I remember the night of the first U.S. strike on Iraq. I was on base doing my usual all night shift. I sat with an army buddy of mine, Troy, who also hailed from the U.S., Oakland, California, to be exact. We listened to a small transistor radio and impatiently waited to see what would happen. The radio reports claimed that America was striking military installations throughout Iraq. By 5am, reports were that U.S. and allied forces had destroyed all possible installations from which scuds could be fired on Israel. The threat was over! I had a 24 hour break until my next shift so I grabbed my bag and hitchhiked about 80 miles to the farm that I lived on during leave from the army. I didn't bother mentioning to my commander that I was heading home for the night. But why should I, the threat of attack on Israel was over? I arrived home stripped out of my uniform and hopped into bed. About 2:30am the phone rang, it was my Guatemalan neigh­ bor working the night shift at the farm's plastic factory. Get up! Get up! Chemical missiles! Chemical missiles! The war sirens blared. I grabbed my jeans, my gas mask, and dashed for the door. I was about a stride from the door when the phone rang again. Who in the hell would call me during a scud missile attack? Hello? Oh. Hi mom. No everything is alright. Uh huh. How are you? Great! Listen I can't really talk right now. I looked at the ceiling expecting a missile to come through any moment. No really all is well. Gotta go. Talk to you soon. Bye. My mother, sitting in San Francisco listening to CNN was forewarned of the scud attack on Israel before I was. I left my room and sprinted for the sealed room to which I had been assigned. I had an "adopted family" on the farm and I had been told to report to their house in the event of an attack. I raced over and we made last preparations before we entered the room. Each household in Israel sealed a room. Most families didn't descend to the neigbb(."lfhoodbomb shelters because there wasn't as great a fear of being hit by a scud as there was to being exposed to a chemical scud. Each family completely sealed up one room of the house. All windows were shut and taped repeatedly to prevent glass from shattering in the event of a attack Towels were stuck beneath the door and all other possible leaks were sealed with tape, towels, or plastic. I raced into the sealed room with Gili and Tzvika, my adopted parents, and Tamar, Ophir, and Alon. Gili, Tzvika and I, looked like anteaters with our gas masks on. Tamar, aged 7, and Ophir, aged 5, wore fishbowl like helmets that were connected to an oxy­ gen supply. Alon, the infant, was concealed inside a plastic bubble. We turned on the radio and waited. The whole country had been caught off guard. Missiles were hitting central Israel and we were told to stay in our sealed rooms until troops could be sent out to investigate whether these scud missiles carried chemical warheads. We sat in the room for three hours. Finally we were told that all fired missiles had been investigated and none carried chemical warheads. We were free to leave the sealed rooms. I called my commander and was told to get back to base ASAP. I hit the main road, flicked up the thumb, and began the trek back to Tel Aviv. Nobody was on the roads that day. Only soldiers. It was a very spooky experience. Scud missile attacks generally occurred at night. During the day the scud missile firing pads could be easily detected by allie_d forces. So the Iraqis took advantage of the darkness. Good for them­ bad for me. I had to report to the all night shift again. The nations sense of fear could be gauged by the number of packs of cigarettes I brought with me to each shift. That night I arrived with 3 packs. The one positive thing about the missile at­ tacks was that for once I could smoke a cigarette without the con­ stant guilt that I would only live to be 55. I was convinced I wasn't going to live to be 25 so I sucked down cigarette after cigarette with no shame. I was convinced that this was my last night. My friend Troy headed down to a bomb shelter that night and the serious hand­ shake and goodbye glances that we exchanged made me feel very uneasy. I waited and smoked and blabbed and paced. The night passed slowly and as the sun began to rise I breathed a sigh of relief. I was spared! I headed down to the showers. As I scrubbed and shampooed, I swore that I heard what sounded like footsteps of people racing around. Nab! Your paranoid. I continued soaking and heard it again. I shut off the shower to satisfy my neurotic hunch. I was right. The sirens were blaring and soldiers ran franti­ cally about. I grabbed my gas mask and literally streaked out to be with the rest of the soldiers. Lucky for them, the only thing those Israeli soldiers were exposed to that morning was not chemical missiles, but Randy in his birthday suit. Those Were the Days... Continued from page 3 The Faculty Statement has been blasted in books like Nat Hentoff's Free Speech For Me, But Not For Thee as the most egre­ gious example of a Jaw school bate speech code, and the Washing­ ton Post labeled it as an unconstitutional prior restraint to the first amendment. Members of the law school student body even took the school to court over the Faculty Statement. Yet, years later, the Faculty Statement is still in effect. Most people do not seem to know the incidents which surround it. Many people do not even know it exists. . Over the course of this semester, I will be taking an in depth look into the events that prompted the Faculty Statement, the State­ ment itself, and the aftermath. (This brief version of the immediate facts is based on the October 14th, 1992 issue of the Opinion. The article is called UB Law Policy on Hate Speech Generally Misunderstood, by Natalie A Lesh, page 6.) 10 �HOW DO I GET A SUMMER JOB AFTER MY FIRST YEAR IN LAW SCHOOL? Advice from The Job Goddess (Kimm Alayne Walton) sub­ mitted by Audrey Koscielniak The Job Goddess applauds all of you for hitting the legal career ground running. Why, when she was in your shoes, in her pre-Goddess incarnation, the Job Goddess was thinking, "If I max out my credit cards, can I spend the summer in Egypt?" You, of course, not only have the right instincts, but also the divine guid­ ance of the Job Goddess' pool of experts. You will be delighted to know that, approached, your first law school summer can launch your legal career into the stratosphere. How? The important point to remember about your first summer is not to focus on what your classmates will focus on that is, getting a paying position with as large a law firm as pos­ sible. There are at least three reasons not to do this. One is that unless you go to one of the tiny handful of schools whose first year students are sought by large firms, you will quickly frustrate your­ self by trying to break into their traditional summer clerkship pro­ grams. The Job Goddess does not want you to be frustrated; she wants you to be happy and fulfilled. Another, more important rea­ son is that you can get broader experience and much more versa­ tility from other kinds employers than you can from large firms. Where should you look, the Job Goddess hears you asking? Your happiest hunting grounds are likely to be small firms and judicial internships, and of those two, a judicial internship is likely to open the most doors for you. As you undoubtedly know, there are about a bajillion courts, between the federal court system, states, municipal courts, and specialty courts. All of them have judges, and judges all need clerks. As you know, the Job Goddess does not advise you simply to send out mass mailers. Instead, check with your career services director for alumni who are judges, and/or any judges who routinely hire first year summer associates from your school. Kitty Cooney Hoye, career services director at Notre Dame Law School, points out that "Judicial internships are won­ derful no matter what you intend to do after school. They impress law forms, governmental employers, and public interest groups." While your experience from judge to judge will vary, you'll un­ doubtedly get to research and sit in on a number of cases, which most students really enjoy. Donna Gerson, Assistant Career Ser­ vices Director at the University of Pittsburgh Law School (and herself a former federal judicial clerk) points out that you also get "A measure of deference new lawyers don't even get, because other lawyers will associate you with the judge." And on top of all of that, Kitty Hoye adds that you'll "Wind up with a great writing sample, and a judge's reference," both of which will be a real boon to your job search later on. The downside? Most summer judicial clerkships are volun­ teer positions, and the Job Goddess knows how you cringe at the word "volunteer." However, the experience is so great and will grease the nubile wheels of your career so well that she encour­ ages you to follow Kitty Hoye's advice, and "Volunteer 20 to 25 hours a week, if that's all you can afford, and get a paying job with the rest of your time." You would not be the first law student to spend a few hours week waitering. The other target the Job Goddess recommends for you is to work with a small firm. What's so super about a summer job with a small firm, you ask? You will typically get a lot more responsi­ bility than you would with a larger employer; in fact, you may well get responsibility and client contact that large firm associates don't get for years. How do you get these small firm jobs? With small firms, timing is everything; they won't hire you for summer jobs the previous Fall, the way large firms do, because they won't typi­ cally know whether they need anybody that far in advance. But to position yourself for when the fruitis ripe, Kitty Hoye recommends that you "Go to local bar association meetings in the Spring. A student membership is cheap! These meetings are a great oppor­ tunity to see who is doing what, and to let them see you in a non­ interview-pressurized situation." Kitty Hoye also urges you to let your career services direc­ tor know what you're looking for. "Most first years think that career services isn't there for them," she says. "It's not true! There are a lot of great jobs that are handed down from upper class people to students behind them. The career services office is a great place to find out about those jobs, because they usually hear about them first." Whether its a judicial internship or a small firm you decide to pursue, the Job Goddess urges you to not overlook the most direct way to a summer job: research who's who, and then go knocking on doors. Yes, it takes some nerve, but the Job Goddess has never known of a law student to go unemployed for more than a week if they were willing to pound the pavement and overlook a few "nays" in the process. In fact, the Job Goddess knows a Third Year law student, who got two - count 'em, two - summer clerkships with federal trial level judges by showing up the first week of sum­ mer vacation, knocking on the right door, and asking if they needed any additional help. As this story illustrates, judges sometimes underestimate how much of a workload they will have - and some­ times their clerks don't work out, or worse, they don't show up at all. The lesson here is that you must never, ever count yourself out of a job you'll enjoy. So set aside your dreams of big bucks from a law job next summer. Put in some time with a judge or a small firm, doing work you'll love, and wait tables to pull in cash if you need to. The Job Goddess assures you that there is no better start to the legal career that you want - and deserve, for getting such a head start! 11 SpecialdeliveryRalph Gaboury had himself delivered to Colleen Vilenski's home on Christmas Day, 1996 in a refrigerator box. from the Democrat and Chronical, 2.8.98 �SURVEY SAYS!!! We at the Opinion are interested in what you think of various facets of our everyday school life. Survey results will be published in a future edition of the Opinion. (1) Who do you think should replace Barry Boyer as dean of the law school? Someone within the Law School (Please specify _________ ) Someone outside the Law School (Please specify _________ ) (2) Do you like the "new curriculum?" ___ Yes --- No (3) Do you think that the Career Development Office does a good job? Yes No Unsure (4) Please rate the following aspects of the law school on the H, Q+, Q, Q-, D, F system) --- The Deans ___ The CDO (Career Development Office) ___ The Faculty ___ The SBA (Student Bar Association) ___ The Library Please leave all surveys in box 95 or at the Opinion office in the basement of O'Brian Hall 12 �STE ~~;tffe) ~· CI l -~--.. ) SENn THEM or-J f'\IV t=,~L- 5£1'11J Motil:Ic,,=t L.E,\AJ-x.r-Jst<'( 1:-1'-PEN'SES '"tF\-x~ '1'"J.~1> To :,e l.,\c£ 5ftI>~ll""U'-lSSITtJ -cc:> T~e. Me>u~Tfti:N.S of' :r:.·fffL-Y. S-r£t> 4 45TE.'P3 .., ~ SI. R !-S-r~~ :c J'\l5, t>c-v:rsE.-O Fl Pt..Ftl'I TO SOL.\H~: f\ L. L- yo~ R f~o?> LEtV\5~ u.. ~ooS .. LE"f iH ~ S. Y\TLI,Ai t)O~T~ \~X:M(;i ~ 13 �CROSSFIRE '' • • We are reviving an attempted tradition from the Opinion archives. Every couple of issues, we will offer a topic for debate, and invite all members of the law school community to partici­ pate in a debate format. CROSSFIRE!! TOPIC FOR THE FEBRUARY 23rd Issue: Should UB Law School con­ tinue to have a hate speech code? All comments and responses for the February 23rd CROSSFIRE!! are due Thursday, Feb­ ruary 19th by 5pm in the Opinion office or in box 95 (Russell Klein). ?te~-m-·. E"r,10R.1e.!. o!" 1s-t (Al- it-lf €M-'-Y wi1,FM.E.~r:or..,,._ ""'"~ oPt'fj \/10/97- ~ju,a,\o,. 'h,;...'> p ,- :u:o I/ 11/,'1 SvPl'l....,.L.A ~W r r J,-1.foO 1(,J.!q7-srory~ "II 3C0Pj'l j 1j,,/q,....,.ba,'<.., ~~;a.01-E,OO •/•~1~1p,,~r ;.:,~)fl,_;.,. t fl M05T c.oMMo.✓ NOISE 1-u~:ttP.D / fl) S6(.JJN 0 'x:ME~ r6 f- pEl..5pa.-nv5-S ~6tflJ P7~ H,00 C....~t,.h('>OI:., .,.;!we.-\..o.ve.~ E:ND of, ~l R>Ty€ftl.. '. 1. w 5'-""w I Nt,IIOfc,./le:-. 1 verKne,1111 1 Translation of our Latin motto: "Smooth and Refreshingly Different News for Today's Modern Reader." 14 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8adb06fef981e5b4c66b67f0fbc06c7c.pdf 1e7ec7fc7a766d3be8ee4cd44b1a127d PDF Text Text OPINION 02.23.98 "Vi veri veniversum vivus vici." Non-Law Students Complain About Restricted Access to Library Vol. 38, No. 9 the law library during examination time, according to Ellen Gibson, the Director of the law library. At the end of every semester, the law library posts a large sign which reads the following," LAW SCHOOL EXAMINATION PERIOD. DURING THIS PERIOD, THE LAW LIBRARY IS RESTRICTED TO USE BY THE LAW STUDENTS AND RESEARCHERS WHO HAVE A DEMONSTRATED NEED TO USE LAW BOOKS HOUSED IN THE LI- Restricting access to law libraries is not unusual. For example, students from our school often need an official letter from the administration to gain access to the law libraries of other schools, according to Nina Cascio. However, unlike many other law libraries which are part of privately run law schools, our library is a non-autonomous part of the Universities Libraries of SUNYAB-a public institution. As such, access to the law library is generally available to any undergraduate or graduate student or faculty member of UB and anyone from the public who desires to use the library for legal research or anything else as long as he does not violate therules of the library. At times more than 50% of the users of the library are not law students. Yet, access is not total. For example, non-law students, BRARY. including recent graduates and alumni for the last few years have by Sol Sandberg This past semester an undisclosed member of the faculty from another department complained to Steve Roberts, the Associate Dean of Universities Libraries about what is alleged as the law library's policy ofrestricting the access of non-law students to Continued on 4 page Law School Ranking Discredited Student's Protest Potential Bombing of Iraq by Joe Huang by Russ Klein Last Thursday, various UB on-campus groups organized The Law School Admission (LSAC) Council will be sending a letter to the 93,000 members of their applicant pool and over 3000 pre-law advisors expressing their views on law school rankings. The letter, which states applicants "owe it [to themselves] to avoid the temptation ofrelying on rankings" and instead would be better served with performing their own evaluations of perspective law schools based what suits them best. The letter, which was signed by over 160 law school deans, suggests that prospective law students would be better served if they make a list of personal things that they care about in potential Continued on pa gel a protest against the United States and Britain's recent decision to bomb Iraq. Approximately 30 students participated in the vocal demonstration in front of the Student Union. The protestors were shouting a wide variety of slogans such as "1-2-3-4, we don't want your racist war!"; "Clinton, Clinton, what do you say? How many children did you kill today?"; "Hell no, we won't go, we won't fight for Texaco." Since the Gulf War, relations between Iraq and the United States have been highly strained. Iraq has repeatedly barred or prevented UN arms inspectors full access to the country. In response, the United States and Britain are now preparing massive airs strikes and missile attacks against Baghdad and other cities in Iraq. Russ Klein, a UB Law 2L who participated in the demonstration, said "This bombing campaign will kill thousands of innocents." Klein further said that "The United State's terroristic embargo has resulted in untold death and suffering in Iraq." Klein also thinks that "If Clinton attacks, he is the real war criminal." Inside the Opinion... Letters to the Editor. 4 6 My Spleen The Anarchist. 8 to Plus More than "They" Want You Know... 1 �Editorial: In Praise of Pragmatism In the late eighties, before drugs started to seriously mess with his career, David Gahan posed this question: "People are people so why should it be, you and I should get along so awfully?" Nowadays, Gahan is in rehab, struggling to conquer a heroin addiction, and recovering from what appears to be an overdose of brevity. For it would seem that Depeche Mode solved the current philosophical debate smoldering within this week's issue of the Opinion long before Adam Perri nailed us with his Theses WomenWhine. People are people. We don't get along. God help us if we did, because then life would be so boring, you couldn't write trendy techno songs about it. For millennia, mankind has struggled with his basic nature, and the nature of his fellows. Plato to Pangloss, Freud to Foucault, Schopenhauer to South Park, philosphes real and imagined have grappled withwho we are and what we're doing. Lofty theologians fall underthe weight of their ethereal suppositions. Nihilists get sucked into the vacuum of their own surety. Realists lose out to reality. Every philosophy embraced meets its nemesis; like inhumanity unto the humanist, contradiction pounces on the thoughtful at almost every turn. For all their struggle, debate, and opium draughts, the tortured compendium of philosophical brethren haven't come any closer to humanity's defining ethos than a groupof MTV has-beens. I do not use the term "brethren" lightly. Men, for whatever reason (and I could come up with a few snide ones), have traditionally been the only component of the human race to be so dissatisfied as to demandof the Universe: "Why me?" Camille Paglia, whose post-modern femi-thought earns her much the same invective earned by Adam Perri this week, is one of a few women to garner widespread recognition for her philosophical writings. This Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang has do as much with infamy as it does with philosophy; in the aftermath ofThe Feminine Mystique and theMi. revolution, a cute, brainy lesbian who dares to say that a short-skirted woman was asking for it is bound to make a few headlines. Paglia bases much of her work on the physiology of men and women, citing simple differences inbody type as the root cause of every nook and cranny of the gender gap. Much as I enjoy her work (you can't help but enjoy a woman who links achievement to urinary technique), women aren't much better at this game than men; she meets her Waterloo in the animal, daemonic kingdom, where female animals often outstrip their male counterparts as hunters or defenders of the family. So where does that leave me? Who are we? Why are we this way? What is our function? I applauded much of Perri's column when I read it (and, afthe ter philosophy hit the fan, re-read it). Having spent five years Amherst, Mass, a place so p.c, it's on PJ O'Rourke's hit list, 1 in have spent enough time subjected to "shrill, female dudgeon," to verify that it's no more palatable that gravelly, male dudgeon. I have also been exposed to enough self-proclaimed "cultural elite," saving the world with a smug, self-satisfied smile, to the point where the mere sight of a feminist do-gooder makes me want to don a hair net and have some kids. But that's just because prigs who think they know what's best for me activate my contrariness. I still think Phyllis Schafly, while an admirable woman, doesn't have all the answers. Whether the proselytizer is Katie Roiphe or Mary Kay, these "cultural elite," so doctrinaire, have found a system that works for Continued on page 3 Staff: Music Guru Columnist News Reporter Columnist Columnist Justin Archangel Kristin Greeley Kevin Hsi Randy Janis Katie McDowell Russ Klein Sol Sandberg Columnist Photographer Adam Perri Ken Grant The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions shouldbe saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libclous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints ofits various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �man nature" dictated that our society changed for the better. Perhaps Mr. Perri doesn't believe the changes were tor the better. Mr. Perri just doesn't get it, women do not want the "comfort, leisure and luxury" of the 19505. Women would rather be productive individuals who bring about change and shape the world we and our children live in rather than living the oppressive life of June WE GOT LETTERS! Pear Editor of the Opinion... The only thing meaningful about Adam Perri's "Images in Male" essay was the preceding spit passage, for it so aptly predicted my response after reading such misogynist, pompous, and highly offensive garbage. Sincerely, Kinda Serafi, 2L Cleaver. Kathleen Martin, 2L Clarification of last week's Images in Male I am writing in response to Mr. Perri's recent column entitled "Images in Male". I applaud Mr. Perri for having the conviction to print such a controversial column. In this age when political correctness constantly lords over the thoughts and words of academia, Mr. Perri's argument that (1) human nature is not socially constructed, (2) any attempts to socially construct human nature will fail and (3) the consequences of such attempts could be disasterous, Last week's Images in Male column in The Opinion has engendered enough controversy in the last few days that I cannot escape the feeling that the point of the article did not get through to many readers. Perhaps that is because 1 employed a tone intended to be deliberately provocative and playfully inflammatory. This is a tone that I felt singularly suitable to a newspaper written for youth and devoted to the uninhibited exchange of ideas, even is evidence that ideas not considered to be in the mainstream still unpopular ones. Many readers have expressed appreciation for have a rightful place in the public debate. Mr. Perri's argument repthe irreverence and playfulness of last weeks article. Many have resents a point of view that is often squelched. This column has not. I am left with the conclusion that the tone of the article obsparked open debate among the law student population and has scured the larger point. At any rate, I feel that some clarification is increased the readership of the Opinion. required. Put simply, Mr. Perri has the constitutional right to print this The basic point of the column is: article. In a society established on free speech principles, we must 1) Human nature is not socially constructed (by default it is allow people to speak certain ideas that we may consider to be obtherefore innate); jectionable. These ideas contribute to finding truth in debate. While 2) Attempts to remake human nature on the assumption that I will not assert support or disdain for Mr. Perri's argument, I apit is socially constructed are dangerous and doomed; plaud him for having the courage to print ideas thatare riddled with 3) One such attempt is currently underway in the American controversy. educational system, where some educators, in pursuit of what they Sincerely, believe is gender equality, are content not just to build women up Charles Moynihan, 2L (a laudable goal), but seek also to tear men down by re-educating man and boys in a way alien to and incompatible with their innate Disgusted? Yes. Angered? Yes. But more than that, disapnature; pointed. Disappointed with Mr. Perri's basic assertion that "boys 4) This attempt will fail, as all previous attempts to remake will be boys and girls will be girls" so, as a society, we should not human nature have failed, and the modern feel of the vulgar even try to alter the way human nature has created each sex. Well scribblings on the bathroom walls of Pompeii attest to how little Mr. Perri, too many women have worked too hard over the last two attempts to refashion human nature have accomplished. hundred years for you to say we have no right to "challenge" or try The idea that human nature is innate and does not respond to "change" human nature. And believe me, no one has "brainwell to attempts at social construction has rarely been popular. It washed" me into believing it is my duty to "enlighten" every man I was not popular when Dostoevskii gave the idea its grandest exencounter who is in law school for two purposes: 1. to earn a J.D. pression in NOTES FROM UNDERGROUND. Regardless, it is and 2. to find a trophy wife whom he can escort to firm holiday a perfectly legitimate point of view, and is at idea at which no one parties. The ideal trophy wife has an advanced degree, has excelat this law school has cause to take personal umbrage. lent earning potential, is of course attractive, and will of course Some people have perceived slights to womankind at in my give up her law practice when the children are born so she can then characterizations of the current state of women. I pointed out my follow her "natural" desire bestowed by human nature to nurture perceptions of specific aspects of the current state of women only the children. Perhaps you and others who agree with you have not to suggest that perhaps ordinary women face greater problems in yet found the trophy wife who will follow the dictates of human their daily lives than those posed by the un-reconstructed male, nature that men hunt and women gather and that is why you are so Continued on left column of page 4 bitter with "change." Change the way society views women, damnright I will. At onepoint in time, the belief was that black people were "naturally" Would you like to write for inferior to whites and should be treated as such. At one time, the belief was that women were "naturally" intellectually inferior to THE OPINION? men and should therefore not be allowed to own property, enter All submissions due Thursday by 5:00 pm in into contracts, or to vote. It wasn't until we challenged what "huthe Opinion office (in the basement). Continued on top of next column 3 �Letters... Continued from page 3 Non-Law Students... Continued from page 1 and therefore, re-educating men may not be the highest priority on an agenda designed to benefit women. To distill to their essence the observations I made on the current state of women: a) the constant stream of sexual imagery and innuendo in popular culture has coarsened human sensibilities, and the effect of this is more pronounced upon women, since in earlier times (for good or ill and with varying degrees of success), society made attempts to shield women from the most obnoxious aspect oflife's vulgar lewdness (the Pompeiian graffiti artist was not a woman). b) because many parents (including mothers), work, either from choice or necessity, many children in modern society spend a great deal of time growing up with people who are not their parents (I did not dream that this statement would engender factual dispute). Since parents (including mothers), usually take their parenting obligations very seriously, many parents (including mothers), seek to acquire care for their child that is comparable to the quality of care the child would receive at home. Parents (including mothers), are sometimes compelled to compromise and accept a level of day care that is not the equal of the care the child would receive if a parent were at home. It does not diminish the heroism of a single mother in difficult circumstances to acknowledge that in a perfect world, day care may be only the second best arrangement. c) The third observation assumes that in many cases, a mother who does not have a husband or significant other might like to have one someday, and would derive from such relationship happiness, emotional security, greater financial security, and assistance with the myriad duties of child rearing. To my mind, not a single of these beliefs reflects poorly on women. I did not dream that acknowledging the seriousness with which mothers view their parental responsibilities would be considered controversial. I did not foresee that recognizing the benefits to married people ofthe marital relationship or its equivalent could be viewed in a negative light. It astonishes me that any of these positions have been considered surprising, alarming, reckless, or insulting. I cannot imagine a value system that would render them so. If, in order to enlighten me and those who share my views, any critics of my last article wish to offer an explanation of what makes these beliefs a) objectionable; or b) untrue, I will be very curious to read it. Adam Perri, 2L been barred from using the study carrels and conference rooms in the law library. At one time, all were allowed to use the carrels. Then problems arose because there were a limited number of carrels 41 to be exact- for over seven hundred law students. Gibson said law students found that carrels and conference rooms were Law School Ranking... Continued from page 1 law schools, and then gather detailed information about those law schools. Finally, after careful research, they recommend that you visit the law schools that you narrowed down and do a more personal inspection (including talking with faculty, etc). University ofBuffalo School ofLaw's Dean Barry Boyer is among the distinguished list of law deans who have signed on to the statement. LSAC administers the Law School Admissions Test and the Law School Data Assembly Service that all law students register for in order to attend an accredited law school. O Hello, UB Law. ~~^^ - often being occupied by undergraduates. In addition, undergTaduwriting graffiti on the carrels, leaving garbage in the carrel and even having sex in the carrels, further disturbing law students. The ABA standards for approval of law schools required a law school to, "provide on-site sufficient quiet study and research seating for its students and faculty." It seemed that the law school was not meeting its obligations under these standards. To correct the problem the SBA proposed paying for locks on the carrels and the conference rooms. As a result the carrels and conference rooms are now off limits to non-law students. ates were About eight years ago, Senior Vice President Wagner, who has authority over the university library system, approved the posting of the current sign indicating restricted access during exams. Law students had asked for limited access during exams because they felt that, unlike students of other schools and disciplines, their grades were based often solely on one exam, they had more of a need to study for it without interference from what they considered noisy undergraduates. At times, physical fights erupted between law students and undergraduates over the issue. UndergTaduates had at times performed fraternity initiation rites on the library stairs. The library felt something needed to be done about the problem and proposed a sign indicating restricted access during exams. The version proposed, however, was received as too restrictive by the Management Advisory Group of the University Libraries. According to Ellen Gibson, after the library toned down its sign, the sign was accepted but with one proviso: that it would not be enforced. Nevertheless, the mere presence of the sign, Gibson explained, has had the effect of making the library a quieter place. One non-law student, Hirut Dejoya, an undergraduate pharmacy student interviewed in the library, thought that the law library should have the authority to limit the access of non-law students but "only if they have a good reason." Commenting on the sign and its deterrent effect, Ms. K. Pak, a Ph.D. student in English said, "When I first saw the sign, I was a little upset because it was my habit to study in the law library." She explained that she tried studying in other libraries on campus until finally coming back to the law library despite the sign. In regards to whether the library should be able to bar non-law students during exam time, she said, "If they need the library, they can have priority to students in other departments. But I am wondering why~if law students can study in other libraries-why can't I study here." Law students questioned did not seem to have a problem with undergraduates making noise. Amy Schwartz, a 2L, for example, complained not so much of noise but of non-law students using the computer terminals for personal use while law students needed to do research requiring Bison 11. David Hoffman did not Continued on left column of page 5 4 �think that undergraduates make too much noise but rather too little. "I can not believe they take undergraduate school so seriously. They are superquiet and too studious," he said. He added that law students should have the right to make noise in the law library, saying "As most of you know, I make a lot of noise. I consider the first and second floor of the library the agora of the law school." LEGAL BRIEFS Verdicts ANNOUNCEMENTS 1997: The Top Ten The ten largest jury awards of 1997: 1. Environmental. In re New Orleans Tank Car Leakage Fire Litigation, $3,367 billion. 2. Business. Catalyst Technolgieslnc. VElectee Inc., $346 million. 3. Products liability. Jimenez v. Chrysler Corp., $262.5 Jessup Team Member Wins Best Oralist and 4th Place Brief Nancy Saunders of UB Law's Jessup team, competing in the regional rounds in Vermont on February 6-8 at Vermont Law School, won Best Oralist. The team itself won fourth place for their brief. Jennifer Berger said this about their success, "I am very proud. The team worked extensively to participate in the regional comnetition." The Student Bar Association and the Administration cordially invite all students to attend the first Faculty-Student Happy Hour of the Spring semester. There will be free food, drinks, and a great opportunity to mingle with other students and faculty in an informal setting. It will be held at the sth floor faculty lounge on Wednesday, February 25th, from 4-7 P.M. million. 4. Libel. MMAR Group Inc. v. Dow Jones & Co. Inc., $222.72 million. 5. Conversion. 50-Off StoresInc. VBanque Paribas (Suisse) S.A., $150.98 million. 6. Business. Orthofix S.r.l. v. Electro-Biology Inc., $149.88 million. 7. Business. UnitedInternational Holdings Inc. v. The Wharf million. (Holdings) ltd, $125.5 8. Personal injury. Doe v. Kos, $119 million. 9. Fraud. Argov. GeneralDynamics Corp., $101.07 milllion. 10. Business. Potlach Corp. v. Beloit Corp., 95.06 million. The Asian American Law Students Association will be puton ting an art exhibit featuring the works of Mr. Zhuquing. It will be held on Thursday, February 26th at the sth floor faculty lounge. Refreshments will be served. $$$$$wowssss. Outlaw is selling tickets to it's second Annual Dinner, on Saturday, February 28th. The dinner will be held at the University Inn, and feature keynote speaker Lavi Soloway addressing lesbian and gay immigration rights. Tickets are $10 for students ($25 for non-sludents), and include dinner and access to a cash bar. Contact the Outlaw office or Outlaw representative for information on how to buy tickets. BPILP will be selling tickets soon for their annual auction to raise money for summer fellowships. Prices are unavailable at this time. Contact the BPILP office or a BPILP representative for information on how to buy tickets. Font Program Wins Copyright Protection Overturning a 20-year-old precedent, a federal judge in San Jose, CA, ruled that a font-generation program is copyrightable material. Although the Copyright office has maintained since 1988 that it has a firm policy of denying copyrights to such programs, Adobe Systems Inc. v. Southern Software Inc., which came down of February 2, 1998, stated that sufficient creativity existed in the programming of a font software to provide some protection. SURVEY SAYS...RESULTS!! . JamesAtleson, professor ofUB Law School, has published a new book titled Labor and the Wartime State. The book focuses on labor relations and the law during World War 11, and should be available at popular book stores. Well, the students have spoken — all three of them, and given their comments for the first Opinion survey. The Library received the highest grades, reaping straight H's, while the CDO received two Q-'s and all 3 said that the CDO is not doing a good job. 2 out of 3 students expressed a dislike for the new curriculum, and 2 out of 3 said that we should seek someone from outside the law school to be our new dean (1 abstained). Otherwise, aspects of the school were given passing grades (though one response indicated that some of the faculty deserved D grades). The Opinion thanks those who participated. The PGA Tour... Continued from page 8 -ers who don't believe Martin should be allowed a cart. This includes Tiger Woods, his roommate from Stanford. He knows what kind of pain Martin suffers, but still doesn't think he should have a cart. Arnold Palmer and other golfers testified for the PGA. To me, they soundlike a bunch ofunsportsmanlike whiners. They're afraid Martin would have some advantage over them. If they were in Martin's shoes, I don't think they'd call it an advantage. I wouldn't. Other golfers walk themselves from hole to hole, and Martin needs a cart to do so. A cart merely levels the playing field of a game whose playing field has a long history of prejudicial Letters to the Editor should be delivered to the Opinion's basement office or to box 95 or 27 (your choice). bumps. by Kristin Greeley 5 �MY SPLEEN the other "duties" of a golfer, things that are more important to the game and more determinative of the outcome than walking. The PGA argued that allowing carts would compromise the integrity of the game, since walking is a part ofthe game. OK, so why are carts allowed during preliminary rounds? Why are carts THE PGA TOUR: NOT A GENTLEMAN'S GAME allowed during Senior Tour events? For obvious reasons, but the PGA said that the Senior Tour is just a nostalgia event, not "real golf." OK, the NCAA lets college golfers use carts. Is college golf not "real golf?" Is it just an exhibition by students? sis. Martin said that if he could, he would rather walk, in order As you can tell from the title, I am going to berate the PGA. to get into the rhythm of the game. While at Stanford, he walked Not because I never see my father from April to October due to rather than use a cart, despite the pain it caused. His condition his golf habit, but because they refused to let Casey Martin use a has since progressed to the point where he is not able to walk the cart to participate in their Nike Tour events. entire course. For those of you who don't watch Sportscenter as often as I Is walking an integral part of the game? If it was, wouldn't do, Casey Martin is a pro golfer who has a congenital circulatory walking be required during the preliminary rounds of PGA tourdisorder that makes it painful and possibly dangerous for him to naments? Do golfers golfbetter if they use a cart? Golfers say it walk long distances. The PGA's rules don't allow carts to be used doesn't really matter. Pros don't carry their own clubs, so it's in their events, and they refused to let Martin use one, in spite of really just a matter of getting themselves from one hole to the his disability. So he sued them under the 1990 Americans with next. Disabilities Act. Earlier this month, a U.S. Magistrate Judge in The PGA also said that carts would be contrary to the tradiruled that the a cart for Marprovide Eugene, Oregon, PGA had to tion of the game. Well, that same tradition wouldn't let me join a country club because I am a woman, and wouldn't let Grant Fuhr tin. should be think it's obvious that think Martin alI I pretty join Transit Valley Country Club less than ten years ago because lowed to use a cart. I think it is a "reasonable accommodation" he is black, although they said that wasn't the reason. What REALLY irritates me is the large number of pro golf under the statute. Golfing is Martin's way of making a living, and he should not be denied that opportunity solely because he is unContinued on bottom of left column on page 5 able to walk an entire round of golf. He is able to perform all of This week, I am actually going to address a legal issue in my column. I don't consider those cites to "Bob Probert cases" I gave last semester in my hockey column to be serious legal analy- PRESENTS SPOTLITE THE GFDGSDFGDFGF y>fZ"L& KLlStu 6 �In Praise of Pragmatism... Continued from page 2 them. Like a zealot, a prophet, a dictator or a fool, they assume that what works for them works for others. And, like a charismatic, they convince these others that they are right. What I gleaned from Perri's column was that he felt many women had been duped into a lifestyle they might not have wanted if they hadn't become "enlightened." While this rhetoric is definitely the fourth cousin of a Promise-Keeper brochure, it is also an incisive comment on the suggestibility of the average american malkin. The purpose of life, I believe, is whatever an individual determines it to be. From this perspective, what Perri said in his column is an important evaluation of human nature. Yes, we are stuck with a few inescapable biological factors (which may slough off as technology progresses). These factors play a part in determining the course of one's life. But beyond that, it's your call. Get married? Have kids? Become a bum? Become CEO? Do all four? Your life is your own. Coalitions, such as the feminist movement, grew out of the efforts of one class to control the choices of another. Similarly, the separatist arguments being made by some race theorists are endorsing a split from, not an integration with, the dominant paradigm. The obstruction ofoptions based upon classed factors causes the obstructed classes to unite, rebel, and reject. This is what is causing the mass denunciation of the shibboleths of Western culture. The challenge to us all is to retain what is valuable, and reject what is useless or harmful to our vision of ourselves. I treasure completely the image of my mother who stayed home to raise a moral, compassionate daughter (my sister is a great girl), while learning from my father, who went off to work every day and returned home never too tired to argue with me about politics. At the same time, however, I look to my heroes—Lenny Bruce, Tho- mas Jefferson, Peter the Great-and find images I value only selectively. Lenny Bruce-a wonderful social theorist and performer, who cheated on his wife. Thomas Jefferson-a political giant and genius, who cheated on his wife. Peter the Great-an enlightened despot and charming hyperactive, who cheated on his wife. It is possible that someday I may be a brilliant performer, political giant, and charming hyperactive. I don't, however, plan to cheat on my husband, if I ever get married. It is easy to be doctrinaire, hard to be selective. Humans to like deal in moral absolutes. We are multifarious beings, however. I am reminded ofBarbara Billingsly, who played June Cleaver. For the run ofLeave it to Beaver, this woman played a compliant, impeccable wife, buffed and coiffed and in charge of a spotless household. Years later, guest starring on Roseanne, the same woman, after scolding Roseanne for kissing Mariel Hemmingway, only to find out the size of the paycheck Roseanne recieved to do so, exclaimed in shock, "Well, god damn, for that kind of money-Id make out with a chick." Clearly, Billingsly (who also, for those of you whoremember the movie Airplane, played with racial stereotypes by declaring "It's all right, stewardess, I speak jive") managed to shift her role within the confines of the dominant paradigm into something playful. "People are people, so why should it be, you and I should get along so awfully?" Because we are complicated beings, capable of self-determination, and within that determination, capable of being good, bad, a wife, a concubine, a CEO, and a junked-out rocker...living in a world where weaknesses can be strengths, and our fellow human beings might be out to save us, seduce us, or shoot us in the head. Gotta love that inchoate human nature. Enjoy this week's edition of the Opinion. -S.A. Cole Moot Court Madness! On Thursday, February 26, preliminary rounds for the 1998 Albert R. Mugel National Tax Moot Court Competition will start off the second occurrence of this annual event. The preliminary rounds will continue until Friday. Oral rounds will be held at the Country Courthouse, 92 Franklin Street Buffalo, NY. Following oral rounds, a celebratory Happy Hour will be held at the Pearl Street Brewery, at the corner of Pearl and Seneca Streets. Sixteen teams will be participating in the Competition, from all over the country. Terrerence McNamara and Patrick Roth in the Moot Court office 7 �a woman whois lib- erated enough to decide for herself that she doesn't need makeup it says something for the mind at work...that maybe she isn't vain enough to think -- ATHE NARCHIST L^^ . that she is the most beautiful person in the world, but she is comfortable enough with her natural appearance that the norms of society aren't going to dictate to her that she wear makeup. But surely this can't be just the fault ofthe women who wear the makeup, can it? Jen and I continued in our conversation, as she blasted men in general for claiming that makeup doesn't matter, but as soon as a woman walks in all done up, they are the ones who get the attention of men. While for me this isn't true, it is obvious that we do notice makeup. So, if guys notice makeup, then it's apparent that we are dealing with a two way street here. Men who want "their" women to look their best and women who acquiesce to men. PLAYING YOUR PART She's not content with what she is but she does the best she can But she doesn't do it for herself she does it for her man. And the posters on the hoardings encourage his pursuit Glossy ads, where men are men and women simply cute Crass "Reality Whitewash" A MAN'S AND WOMAN'S ROLE IN SOCIETY The old image of a man in society was as a caretaker of the the wife, worker,the guy who fixed the pipes and mowed the lawn, etc. It's pretty evident in some of our expressions that are still around today: Who wears the pants in the house? and A man's home is his castle, and the man of the house. The old picture of a man was a big gruffsquare jawed fellow, who was built from working in construction or farming (you know, like your grandfather must've told you, 'honest day's work'). Now, with us slidingfrom the industrial sector to the service sector, this image has changed to the big square jawed fellow, but with slicked back hair, a tie, suspenders, and 8 gallons of cologne that 'makes him smell like a real man' (of course, if you want to know what a real man smells like, don't shower for a month and don't wear deodorant or anything for a month, and then after that month, lift up your arms and take a big whiff). Women had different roles in society. They were to take — Though difficult to fathom, we live in the epitome of roledefined society. It's ironic that when many Americans sit back, they like to think and delude themselves with the notion that we live in a free society, full of real choice, and where one can "be themselves," etc. In the so-called Generation X that most of us belong to, and the younger generations, such as the millennium generation, who has never known a time period without Music Television (some of us like to call it eMpTY), there is even a class of people who pride themselves on just how different they really are - the 'alternative crowd' (of course, this begs the question of: If a lot of people are dressing similar in order to be different, just how different are they being? But thenagain, this question is from a guy who considers a normal day's set of clothes to be army fatigues, a sweatshirt, wanna-be combat boots, and a Suicidal Tendencies hat - though I assure you that I've dressed like this for quite a long time, and last year when I went to an '80s party, I wore the same clothes, because this is what I've always worn). But this is about roles in society, not about the clothes of an (A)narchist. So lets get on, shall we? care of the children and keep the house clean. Oldball and chain was how we referred to them (and still do, in some corners where Archie Bunker is not seen as merely funny, but a way of life). The old image of a woman centered around being at home, probably with an apron to have her "man's" dinner ready at 5:30 PM sharp. Barefoot and pregnant is the line people use today to describe it, but there were men who used to (and some who still do) see this as the way to keep women. But now, the image has changed. Women have allegedly liberated themselves. Abortion is now available to give personal autonomy, jobs are opened up considerably (though with an alleged glass ceiling, but I won't get in to that). Women can do a lot of the same things men can do (and even now have the opportunity to die in America's stupid wars true liberation!). TWISTED IDEALS One day this last summer, I was sitting in BJ's (a local bar in Fredonia) with my friend Jen, and we were having a couple of pints of beer, and a couple of women walked in. I did my usual turn to look at the door and see who it was; a natural reaction of mine. Seeing that it was nobody either of us knew, I turned back around and started talking. We immediately got into a discussion about makeup. I, of course, claimed the usual: Women don't need makeup, and that I believe it tends to detract from a woman who wears it, rather than add anything, my logic being that not only does it take away from physical beauty, but it would be neat to see - SO WHAT'S THE PROBLEM? Still, lots of disparities exist. For a woman to get where a 8 �man is, I believe that a woman has to work a little harder (but everyone, except for the perfect person, has to work a little harder overweight people with their image, gay men and women with homophobia, and blacks with racism, to name a few). But the problem is, that while women are still treated like objects (a grossly unfortunate aspect of our society that really must -rue -- be changed), many women seem complicit in this objectification. Makeup is only a small part ofit. Women who go to meat-market type bars, because they "have to hook up." A woman who cakes on the makeup because she wants to attract a man. Etc., etc. If men are wrong in seeking these attributes, then women must surely be wrong in going along with things. Now, before you start steaming at me, I am not making an argument like "a victim ofrape brings on their crime by dressing a certain way." The point is, if you want to stop being treated like an object, you have to show respect for yourself (this is true for men and women alike). TYING IT ALL IN Well, I am lost. I thought that I could tie in everything I wanted to say with just one simple sentence. But unlike my usual political diatribes, this just isn't possible. So Instead of a classical conclusion, I will simply state my points: Through time, some men have been overwhelming sexist pigs. Through time, women, lacking power, have had - no choice. - Over the years, women have considerably moved up their lot in life. Still, many women are treated like garbage by overwhelming sexist pigs. Unfortunately, it seems as though some women have no problem with going along with this. What is my point? I'm not saying that there are women sitting around thinking "wow, I'd really love to be treated like crap!" This just isn't true. But, perhaps some women should reallysit back and consider what is being done. Are you dressing up in a miniskirt and halter-top and luscious lip stick so that the guys will notice you? Then you are setting yourself up for this objectification. It isn't right that the guys treat you this way either, but then again, I don't go to an anti-war rally and shout "1-2-3-4 We don't want your racist war!" and then get upset that some guy is calling me a pacifist and a traitor. Women need to look inside to other women and see what they are doing that justifies animalism in the simple-minded (AGAIN, THIS IS NOT AN INDICTMENT OF ALL OR MOST WOMEN or a rationalization of men). Of course, if I wanted to write a column about the stupidity of men when it comes to this, it would take me a whole 20 page issue of the Opinion. Do you want to wear makeup or dress a certain way or do a certain thing? Then go for it! Be your own woman or man. But beware of what you do there are ignorant people afoot, and no matter how right you are or wrong they are, it won't stop the blatant ignorance that permeates society on gender and gender issues. Only time and hard work will do that. - - All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). 9 ~g-£ CELABRtNITSD he D NAscTURL ISASTERS | 1 v€ LO vfa �These are the People in Your Neighborhood ... 1L Michael Arcesi during his office hours in the basement . We wish our office was this big. ... the People that You Meet Each Day Administrative Secretary Tiffany Lane Weiss, who's a good reason to visit Dean Shields office. Translation of our Latin motto: "You give me the idol, I'll give you the whip." 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-02-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 23.02.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/23/1998 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6ad6e0111fc6da21124d416bfded3688.pdf 9b31ada28e8a406e717414764d41a0c7 PDF Text Text OPINION "Vi veri veniversum vivus vici." Vol. 38, No.lo 3.2.98 Loan Forgiveness Progam Sought more in student loans than in rent. That is absurd." According to the 1995 employment statistics supplied by the CDO, those employed in the public interest earned on average $28, 726 per year with some earning as little as $13, 500. The highest wage reported for public interest work was $36,400. The UB Law average was $36,240. Now some students who desire to work in the public interest are calling on UB Law to implement a loan forgiveness program. As it is envisioned, the program will help defray what is seen as by Sol Sandberg Not long ago students who aim to work in the public interest : were treated with the following In a survey by National Jurist magazine Yale was found to be the best law school in the country when it comes to law school public interest programs followed in second place by the State University of New York. What amazed one public interest-minded student this semester was why UB Law- a top rated public interest school- did not have a loan forgivness program. In a letter circulated to other students who plan to work in the public interest, she wrote, "Many of the top schools pay back AT LEAST a portion of student loans if you graduate and take a job doing public interest work. Its like leading lambs to slaughter, in a way. Many of us will be paying the substantial cost of law school, especially with the tuition hikes in recent years, and make the option of pursuing a career in the public interest less prohibitive. One of leaders and spokesmen in this effort is Nelson Mar, a second year law student interested in Continued on page 4 Law Student Wins Fellowship to Help the Homeless Lewdness in the Law Library by Sol Sandberg by Sol Sandberg On February 19 at about 7:18 pm, according to the Department of Public Safety, a UB student was reported to the police for masturbating on the third floor of the law library. The student was handcuffed and charged with public lewdness. It was not clear whether the student was a law student. David Hawkins a 1Lreacted in this way upon learning of the incident. "A person's sexual proclivities or tendencies-I have nothing against that but when you exhibit these tendencies in public you might be offending someone else. Maybe you need to go to the bathroom or use a carrel." Public Safety said that the student in question would be directed to appear in Amherst court. Corinne Carey, a UB Law 3L, has won a two-year fellowship from the Center on Crime, Communities, and Culture. The Center is a project of the Open Society Institute, an organization funded by a billionaire of Hungarian origin, George Soros. As a fellow Ms. Carey will beassociated with Housing Works, an organization which she described as the largest provider nationally ofservices to homeless people who are HIV positive and their families. At Housing Works, Ms. Carey will be working on the Legal Harm Reduction Project, a project which she designed to deal with the legal issues facing homeless drug users who are HIV positive. According to Ms. Carey, a good example of a harm reduction project is the needle exchange program, where the position adopted is that people will use drugs, and the question is asked: how can we reduce the harm to themselves , families, and communities because of their drug use? Ms.Carey explained that she will be looking at the intersection of civil and criminal penalties that government imposes on Continued on page 4 Inside the Opinion... Letters to the Editor Megan's Law Face-Off Library Top Ten List Plus news, columns, pictures, cartoons, and a yet unnamedrobot... 1 3 7 10 �Editorial: Selling Ourselves Believe it or not, last week's New York Times actually brought us a few articles about body parts doing something other than making a mess on the floor of the oval office. Tuesday's Times reported that two Chinese prison officials, masquerading as doctors, had been caught in New York trying to sell the organs of executed inmates. Wednesday's edition, researching an ethically more uncertain area, bore this headline: Soaring Price ofDonor Eggs Sets Off Debate. Both articles delved into the ethical complications of their respective topics (not that finding the ethical problem in raffling off an executed shoplifter's lung is particularly tricky). The scope of the articles, did not reach quite as far as I would have liked, however, so I would like to widen it a bit. Let's start with an admission: the commodification of flesh is as common in our society as...well, the food we eat. We eat animals, we experiment on animals, we wear them, breed them, and ride them. This is not intended as sweeping social criticism; I have, on occasion, been know to buy shampoo without the animal-safe eco-bunny on it—and I probably used it to wash my hair just before abusing my colon with buffalo wings at the Anchor Bar. On the other hand, I learned in the first grade that "humans are animals, too." One could follow the logic trail and say that human flesh-especially of a person condemned to die-is just an- other commodity. Of course, who's going to listen to that? Humanity, through the power of philosophy, science, and superior technology, has for the most managed to reason itself off the plate. Black marketeers, infertile women, and the terminally ill have managed to put it back on, however. With transplant technology getting easier (and sentencing in China getting harder), the prices for body parts and products have gone up, while the danger of Editor in Chief S.A. Cole many procedures has gone down. Despite an extensive and dedicated volunteer organ donation network, those who can afford to survive at any cost are doing just that. After all, why sit around, hoping some guy on motorcycle bites the dust, when you can call China and have them execute a non-smoking counterfeiter (1 am not kidding) just for you? Having evoked "animal rights," now let me leave them by the wayside, with one final comment: subconsciously, is a ham that different from a heart? We breed animals, flesh, to create sustenance that helps us survive. Those in dire need-like someone with a defective heart-need a different kind of flesh to survive. But it is survival. From a certain point of view (and one endorsed no further than the point of speculation), the analogy isn't that far off. How many people have met their heart "donor"? How difficult could it be to justview him as another animal slaughtered that you might survive? Life-threatening situations often pervert one's ethics. Those who have real donors-the kind of people who fill in the back of their driver's license with orders to eviscerate at the moment of death-must feel a deep gratitude to the people who helped them survive. In fact, it probably gives them an increased sense of humanity. On the other hand, those who never hear about their "donors"—people killed for profit and utility—might find it easy to shrug away moral queasiness in light of twenty or so extra years of life. From this context, we approach area of human parts and products "donation." Starting with the most obvious, let's look at blood. Blood replenishes, is easily extracted in usable quantities...must Continued on page 11 Staff: Columnist Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor Ken Grant Dan Baich Cindy Huang Joe Huang News Reporter Kristin Greeley Columnist Kevin Hsi Randy Janis Columnist Katie McDowell Russ Klein Sol Sandberg Columnist Photographer Adam Perri Ken Grant The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should behaved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentientbeing, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VI Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �WE GOT A LETTER! Pear Editor of the Opinion... I would like to voice my overall dismay regarding the not-so-subtle misogyny rippling throughout recent Opinion articles-namely that of Adam Perri's "Images in Male" and his subsequent "clarification" of said piece, as well as Russ Klein's "Playing Your Part." In doing so, I am not imploring you to discontinue publishing such articles. I simply wish for the opportunity to express my outrage and the reasons for it. My principal objection with these articles is that both are penned by men who purport to address: (a) how women feel and think; and (b) how women should feel and think. The most appropriate response to what both authors seek to espouse can best be accomplished by mimicking my greatgrandmother, a feisty old Irishwoman who would bellow a hearty "BULLSHIT!" at the person seeking to unload a thinly disguised pile of verbal manure on her. In response to Mr. Perri's unnecessarily pedantic "Images In Male," I believe references from a panoply of other sources (be they Roman, English, et al.) may better bring to life the illusion of innate "masculinity" Mr. Perri labors so desperately to prove via citation from graffiti on a Pompeii wall. For all we know, the graffiti artist quoted could very well have been a mischievous concubine adopting the "deliberately provocative" and "playfully inflammatory" tone self-proclaimedly used by Mr. Perri-a Roman version of the very sort of sexually liberated, modern-day career gal which he so snidely derides. After all, as Mr. Perri takes care to point out, such vulgar terms are invariably considered all the more shocking when expressed by a woman. Contrary to Mr. Perri's belief, the resultant shock and dismay from a woman's use of vulgarities cannot be attributed to "human nature" and the supposition that women need to be shielded from such terms, for there more likely existed scores of women resemblant of Madonna or Foxy Brown who sought to express themselves and their sexualities in a most unladylike fashion throughout history (including Roman times). Unfortunately, their voices were largely silenced by those who felt, as Adam Perri apparently does, that such expressions were made contrary to their natures and therefore not fit to be seen, heard, or printed. For many ofthese women, exercising their freedom ofexpression meant taking a male pseudonym or simply keeping their thoughts restricted to journals or letters sent to kindred spirits. According to Mr. Perri, human nature is innate "by default." As anyone who's ever competed can tell you, a win by default is not a true victory at all. Rather, the mythical concept of "human nature" is far too broad in scope to classify every aspect of our behavior as determined by whether one was born with a penis or vagina. To do so would give credence to the "boys will be boys" philosophy used as a means of explaining away gang rape or other particularly vicious act of violence when perpetrated by men. More likely, certain aspects ofwhat theorists label as "human nature" are socially constructed, while others are arguably innate. Sexuality (whether it be the coarse and vulgar "male" type identified by Mr. Perri, or the impliedly softer, more restrained "female" type) is shaped by a variety of individual experiences, preferences and dislikes as unique as the human being who possesses these things. Indeed, as any successful porn producer can attest to, one person's wet dream is another one's nightmare. Strip away the twenty-five cent words from Mr. Perri's writings and the sentiments remaining are more akin to those expressed by an ignorant disciple of Jerry (Falwell or Springer), rather than that of a reasoned man or woman of any age. The overall tone and content ofthis article left me with the same slightly nauseous feeling I'd get during first-year lectures in which a few self-aggrandizing classmates, perhaps due to the fact that their egos dwarfed theirintellectual capacities, would see fit to regale a packed classroom with highlights oftheir professional qualifications while attempting to answer a question by a professor on any given issue. The best thing that could be said about Russ Klein's most recent Anarchist piece would be that, in caparison to Adam Perri's work, it was commendably readable. As a feminist who is also a vocal proponent of the concept of personal responsibility, I make it and have always made it a point to recognize women's (and indeed men's) complicity in their own undoing when it exists. However, I beg to differ withMr. Klein's assertion that such complicity occurs by mere virtue of the fact that a woman wears lipstick. Wearing cosmetics does not give others license to objectify or exploit the woman who chooses to do so, nor is it, as Mr. Klein suggests, indicative of a heightened degree of vanity. Even as a woman, I cannot rightfully or accurately explain why any woman chooses to wear, or not to wear, cosmetics. I believe each woman's (indeed, each person's) mind is far too individualized to do so. So I cannot begin to fathom where Mr. Klein has obtained his keen knowledge of the female mind and the unmitigated gall displayed in his act of relaying what he believes are the innermost thoughts of the female mind. Speaking from my own experience, cosmetics are tools which may be used to express individuality (much like, oh let's say a cap emblazoned with the name of one's favorite musical group) as well as to celebrate femininity. Time permitting, I apply them whether I'm off to lunch with a group consisting solely of other females or on my way to a club or bar filled with members of the allegedly "coarser" sex. Regardless of the situation, I do not apply them, as suggested by Mr. Klein, to capture the attention of a would-be Adam to my Eve. Whether originating from the mouth of a man or woman, I greatly resent the notion that in order to truly earn the title of feminist, I must behave in a certain fashion (i.e. by becoming a lesbian, discontinuing shaving, wearing combat boots, or throwing away my entire collection of nail polish and make-up). To me, feminism is about increased options in the way I lead my life and the freedom to choose between them without having my choices placed under an overly scrutinous and unforgiving microscope (such as those used by Perri and Klein). Both pieces are riddled with assumptions. Mr. Perri assumes that women would do well to look to marriage as a means of obtaining "happiness, emotional security, greater financial security and assistance with the myriad duties of child-rearing." Continued on page 4 Would you like to write for THE OPINION! All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). Continued on top ofright column 3 �NEWS Loan Forgiveness Program.. Continued from page 1 the labor field. Mar says that working in the public interest is important because in our society there is no equal access to legal services. Yet, those seeking to remedy the situation through public interest employment are required to pursue overworked and underpaid posi- tions. With cut backs in funding, opportunities for persons who wish to serve in the public interest are even less and as a consequence public interest advocacy is understaffed. Mar does not deny that the school, in some ways, does support public interest work. He lists the variety of clinics servicing the public interest such as the Domestic Violence Clinic, the Community Economic Development, and the Affordable Housing Clinic. Mar acknowledges that the main concern of the administration in implementing a loan forgiveness program is cost but he argues that it is not an adequate solution or adequate response because there are ways the program can be organized and developed that would be inexpensive. He explains that there is enough experience between the law faculty and alumni to come up with a concrete way of setting up the program that would be cost effective. Moreover, he believes a loan forgiveness program will attract better students to our school. And he says that many schools which are strong in the public interest field have loan forgiveness programs-schools like NYU, Fordham, and Georgtown. Currently, students like Mr. Mar who seek a loan forgiveness program do not have a concrete proposal but they are getting resources together from other law schools and NAPIL. A meeting is planned for this Tuesday at 2:45 for students who want to get involved with the effort. Dear Editor of the Opinion... Continued from page 3 Mr. Klein appears to assume that women who wear make-up do so in order to catch (at least) the eye of a possibly marriageable man, and in doing so, play an integral role in their own objectification. I wonder if either are familiar withthe old adage about assumptions, for in writing both these articles both have managed to make asses of themselves as well as the handful of those who subscribe to their beliefs. Petrina Keddell, 3L Editor's response: Although apparently not made clear in my column, the idea was to examine some (an obviously limited number) women who do things (despite their own desires for what they may or may not want) for 'their man' or to attract a man. The idea was to show this limited group as perhaps still 'playing their part' in society where it seems that men still dominate, and the true goal of mainstream feminism (equality of the sexes) has regrettably not been achieved. Make-up was only a small subissue (used as an example out ofmy friend's conversation). I was hoping to introduce the notion that perhaps some women are unwittingly acting to their own detriment, and to the detriment of feminism and the status of women in society not because of what they do, but because ofthe possible subconscious reason that they do it. -Russ Klein . Letters to the Editor should be delivered to the Opinion's basement office or to box 95 or 27 (your choice). Law Student Wins... Continued from page 1 what has been called the "War On Drugs"- the government effort to reduce and/or eliminate the production, spread, and use of illegal drugs. George Soros, the sponsor of the fellowship, has been a center of controversy in recent times for his alleged involvement in the currency crises in South East Asia. Prime Minister Mahathir of Malaysia said this in connection with his role in the Asian economic crisis "We have worked 30 to 40 years to develop our countries to this level, but along comes a man with a few billion dollars, and who in a period of just two weeks, has done much of the work that we have done." Despite the controversies surrounding his currency dealing, Soros has also been known, through his Open Society Foundation as a great philanthropist funding, according to NBC, "democratic" movements in Eastern Europe, human rights in Sarejevo, democracy rights in Burma and immigrantrights in America, needle exchange programs for drug addicts and campaigns to decriminalize marijuana. Ms. Carey said that George Soros was interested in her project because, "Soros is always interested in looking at innovative approaches to really complex problems that face people through the world and I think, in this case, the foundation was interested in my project because it was an acknowledgement that you can't just throw away a whole segment of the population." Asked if she was embarassed toreceive money from George Soros, Ms Carey replied, "I am far from being embarassed. I am proud. He does amazing and courageous work with his money and I am honored to have my name associated with his." She added, "He gives more money to developing nations than the US." Environmental Moot Court Competition by Sol Sandberg UB Law participated in the National Environmental Moot Court Competition held February 19, 20, 21 at Pace University in White Plains, New York. The school's participation was sponsored by the Buffalo Environmental Law Society and the Environmental Colloquium. Competitors were Jonh Orlowsky 2L(JD/MBA) and Marc Romanowsky, 2L. The coach was Professor Errol Meidinger. The issue argued: Whether the Migratory Bird Treaty Act of 1988 prevents clearcutting of National forests when such clearcutting would result in the direct or indirect deaths of migratory birds. Seventy-five schools were represented at the competition. The UB team competed in the first round against three teams. The combined oral and written score determined if they made it to quarter final and final round. The results of the competition were not available in time for inclusion in this issue. O the Law. 4 �LEGABRIEFS ANNOUNCEMENTS "Donnie Brasco" to Speak at UB on March 27 Joe Pistone, the FBI agent who infiltrated the Bonanno crime family in New York City as jewel thief"Donnie Brasco," will speak at 8 p.m. on Friday, March 27, in the Center for the Arts. Tickets will $3 and $5 for students, and $8 and $10 for the general public. Law Professor Attacks Fear of Feminism Professor McCluskey, an associate professor at the law school, has strongly criticized allegations that pro-feminist press bias produces a sense of victimization in women whose lot has improved dramatically in the past 30 years. Media. Feminism, and the Law, a new book edited by McCluskey and Martha T Fineman, a professor at Columbia Law, explores several popular redefinitions of feminism. The book has 23 contributors, and explores how lawyers, courts and legislatures, together with the popular media, have produces myriad changes in women's lives, for good or ill. Nine Groups to Hold Sale A coalition of groups made up of AALSA,AWLS, BLSA, Circles, DVTF, LALSA, NALSA, Outlaw and Solar will be holding a sale on March 17, from 11-2 in front of the library. All proceeds will go to the above 9 groups. BAR/ BRI donated the money for the t-shirts that will be sold. Sex Shop Appeal Shot Down The New York Court of Appeals has upheld the constitutionality of zoning laws designed to reduce and scatter the clusters of sex shops operating throughout New York City. Over one hundred "adult" stores throughout the city united in a first amendment appeal to combat laws that prevent them from operating within 500 feet of one another. The appeal failed to convince a judge that the laws defacto inhibited the store owners' freedom of speech. The city anticipates the shut down of over 100 stores. Federal Judges Finally Confirmed? Reacting to a critical comment by Chief Justice Rehnquist, the Senate has begun to move on approving President Clinton's long list of federal judges. A ten percent vacancy rate has arisen while the partisan politics blocking the confirmation ofthe judges, with ethics and concern over "activism," have prevent the rejection or approval of those on the list. Credit Unions Reigned In Vacating a 16-year-old policy to let credit unions accept millions of new membership from outside the accepted bounds of their membership pools, the U.S. Supreme Court has declared that the tax-free organizations must begin limiting their members. In a 5-4 decision, the Court found that Credit Unions' federal tax-free status is a benefit they must not abuse by subverting business from banks. It is predicted that millions of credit union members will lose their memberships. Lawyers Vulnerable to Suit for SEC Filings A unanimous decision by the 3d U.S. Circuit Court of Appeals has ruled that lawyers can be sued for clients' misstatements or omissions in securities filing. Klein v. Boyd, 97-1143, says that a lawyer who helps craft a client's fraudulent document is vulnerable under Section 10(b) of the Securities Exchange Act of 1934. BPILP Tickets for Buffalo Public Interest Law Program's annual auction will go on sale this week. Cost is $15 per ticket. See your local friendly BPILP representative for more information. Tennessee Dickenson, an organizer of last week's Outlaw extravaganza 5 �Economic Justice: Forgotten Social Aspiration A The struggle for economic justice in our American history had cost many lives and limbs. At the beginning of the century, workers at auto plants and the mining industry marched in frontof guns and clubs with just theirtired bodies lo fight for better wages and working conditions. Today, we are slipping back to conditions these workers fought with theirlives to eliminate. And wages are falling far below a living wage, yet the American public are silent. Then the most blatant blow against economic justicecame from our own government in 1996. Our president wrote away Aid to Families with Dependent Children, a safety net for single mothers with children living in poverty, and imposed workfare as a condition for benefits. Even from a capitalist perspective, workfare as a condition for public benefits defy the economic reason behind the creation of our welfare system. Our welfare system was created in the 1950sbased on therealization that there are not enough jobs to employ all the working people. That men over the age of 65 should retire and there should be public benefits to encourage some to stay home so that younger people can find meaningful work with reasonable pay rather thanpay so low that it is impossible for a family to live on due to the competition for scarce jobs. Also, this country was concerned about the lowered consumption due to low wages. Thus, the public benefit system was created for the health of this economy. With workfare, public benefit recipients who are mainly single mothers with children are injected into the labor force as free labor for for-profit — Roy) l_Hu? STUDEA/7S f fIT Lr N^Gr businesses, non-profit organizations, and government agencies. These single mothers are forced to take jobsaway from the working poor at low skilled jobs. Their children are left unattended or to fend for themselves. The consequences are predictable: workfare workers as free labor will flood the low wage sector and further depress the already low wages. People who are poor will be poorer. So what is illustrated by this new Welfare Reform Act is that economic justice is a social aspiration forgotten or ignored. As a moral member of society, the questions we ought to be asking are: Why is there an attack on single mothers with children on public benefits? Why are people in need of public benefits? Is forcing people to work theway to eliminatethe need for public assistance? Is forcing single mothers to work while leaving their children unattended the soluciton to our nation's problem of having too many poor people qualified for public benefits? OR is thislaw another irrational political vehicle for the attainment of power and fame by our beloved politicians? Are American people so ignorant that welfare reform was actually "popular"? At what expense and at whose expense are we riding this workfare scheme? Singlemothers? Children? The working poor? What we ought to be talking about is a living wage. The term "economic justice" needs to be put back in our vocabulary as we talk about social policies. A Workfare Project has been created in your law school by Joane Wong, co-coordinator of the Labor and Employment Law Association. Let's make a difference together. by Joane Wong you agree with the Statement of Principles below, please If sign the form below and return to box 203 Community Statement of Principles of Fair Work for Workfare As the result of welfare reform, many welfare recipients will be required to "work off" their benefits, a practice commonly called workfare. Like working people who depend on their wages, workfare participants depend on their benefits to feed and clothe their families, to provide for their medical needs, and to put a roof over their heads. They must be treated fairly, and with the dignity and respect that all working people deserve. As concerned religious, civic, labor and community leaders, we recognize that the main purpose of workfare is to give welfare recipients the skills and training that lead to permanent employment. We also recognize, however, that in the past, workfare has led to permanent jobs for only a precious few. We hope to see workfare meet its goal of moving people from welfare to permanent jobs that pay a living wage. Therefore, for workfare to be effective, both for the individual and the communiry-at- large, we call for the enactment of the following principles: 1. In recognition of the historic struggle for decent and humane working conditions in this country, workfare participants are entitled to all rights currendy enjoyed by public and private employees in the United States. 2. Workfare participants may never be used to replace or displace working people earning a wage. 3. As required by New York State law, before assigning a person to workfare, the Department of Social Services must first try to find employment in the private sector. 4. Workfare involves mutual obligations among workfare participants, the Department of Social Services and the worksite employer. Participants are responsible for striving to acquire the skills necessary for full-time employment. The Department of Social Services must meet its legal obligation of developing an employment plan for each welfare recipient so that workfare leads to a job, not to continued dependence on welfare; such an employment plan must provide for the training needed to secure permanent employment. The employer must commit to providing training and skills needed to do the job successfully. 5. Before placing a recipient in workfare, the worksite must develop an actual job description for the placement, and a pledge that workfare participants will be considered for any future job openings. Signature Date Organization 6 �ANARCHIST THE iy4- There is no viewpoint that is more misconceived by the public than Anarchy. Sure, most people don't seem to have a firm grasp on what it means to be a Republican or a Democrat, liberal or conservative, libertarian, socialist, etc. But there tends to be an almost universal misunderstanding what the label "anarchist" means. According to Webster's New World Dictionary, second edition, Anarchy is defined as: "(1) the complete absence college of government." I stop here with the first definition to interject that this is the closest to accurate that this dictionary comes. Next, are "(2) political disorder and violence; lawlessness.. .(3) disorder in any sphere of activity" (page 50). But wait, it gets worse. Roget's International Thesaurus, 3rd edition, lists, amongst the variations ofthe word"anarchy" the following: revolutionist, nihilist, radical, lawlessness, radical, confusion. It is quite disheartening that such esteemed reference guides can be so misinformed as to the accurate meanings of words, the second Webster's definition is not anarchy, it is chaos and disorder ~ the two concepts are NOT synonymous with one another. The same applies to Webster's 3rd definition - disorder is not synonymous with anarchy. As for Roget's, (1) revolution does not mean anarchy - I would hardly call the American Revolution, Bolshevik Revolution, or the English Glorious Revolution "anarchistic revolutions." Nihilism is a belief that there is no foundation for truth, and no real right or wrong nearly every anarchist I personally know and have talked to believe in 'right and wrong' just not the way some of us do. Lawlessness is close, but is not synonymous with anarchy. Radical ha! Stalin was an anarchist? You think that the Army of God, blowing up abortion clinics and gay-lesbian nightclubs, are closet anarchists? Confusion - is not synonymous with anarchy. It is important to point these things out, since the media tries oh so hard to paint any disorder as being anarchy. The Rodney King riots in LA were labeled as anarchy. The chaos and murder in Rwanda was labeled as anarchy. Any kind of disorder is labeled as anarchist. Of course, what the media didn't report was that there was still law in place. So these people were acting lawless, and the society was chaotic. But does that make it anarchistic? I don't think 50... Besides, I believe violence is incompatible with the survival of an anarchistic society (by now I suspect many of you are rolling your eyes, but you will understand as you read on). — - - All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). >k ■. _ So by now, you are wondering "OK, so you don't think we know what anarchy is. Why don't you tell us, tough guy?" First ofall, there is no one system that isanarchy. Different people have different ideas. The common thread among all anarchists is a belief that their should be no hierarchy and there should be no government. However, the "society" that emerges from this belief can be wildly different. There are anarcho-capitalists, anarcho- syndicalists, anarcho-socialists, anarcho-communists, etc. The anarchist spectrum is as diverse as the conventional liberalconservative spectrum we are all used to. Even worse, there is a wide variety of debate within the anarchist various groups. Many anarchists refuse to recognize other anarchist variations as being true anarchists (probably in the same way that members of the far right wouldn't consider any person who supported abortion rights as being a true Republican or conservative). The most ostracized group within the anarchist community is the anarcho-capitalists. The reasoning is, that since anarchy is supposed to be about eliminating hierarchy and control, then anarcho-capitalists leave an extraordinarily powerful regime of corporations in place, and thus leave in a layer of hierarchy in place (which some would argue is as powerful, ifnot more powerful, than the government). Along the same lines, most anarchists reject religion (although I've learned that many of them do not have a problem withindividual spirituality, which leads me to believe that their problem lies overall ~ besides a personal disbelief in God — with the nature of organized religion, and how it has controlled and operated within Western and indeed global societies). Personally, I believe that it is not incompatible to have a personal belief in God (I believe in God, but I also have serious problems with any form of organized religion). I am not sure if any particular form of anarcho-** is right or wrong, though I have my own ideas on where we should be going. REALITY AND FANTASY Of course, being the realist that I am, I understand that we simply cannot go from the society we live in now to any version of an anarchist society. The society we live in has been the work of generations and generations ofprogression to where we are now. People are accustomed to living a certain way, and people are accustomed to having things work a certain way for them. Traffic signals, police, Tops Supermarket, etc. There is no way you can simply remove the structure we have now - that would create chaos and disorder and a void - and someone or some group would step in to fill that void. Continued on page 10 7 �Continued from page 9 TOP TEN REASONS WHY THE LAW LIBRARY NEEDS SWIPE CARD LAW-STUDENTS-ONLY-ACCESS By the same token, I don't believe that any anarchist society can ever come to life out of an armed revolution, since people would immediately clamor for some force (government!) to step in and restore order and public safety. Besides, as I said (and for the same reason), violence is incompatible with an anarchist society. So, with the two main avenues eliminated to get to the society I envision, you must be scratching your head. OK, here is my plan: First, we have to step away from the government we have now. It seems that many anarchists would make the move towards a socialist form of government, to provide 'for the people.' But I think this is grossly dangerous. I believe that socialist forms of government breed dependency, and that once we move to a socialist form of government, nothing short of the collapse of the state will endthe regime (and then a void will ensue and people will move to fill it, etc., etc., etc.). My idea for a first step, instead, is to move towards a model based roughly on American libertarianism and the American Libertarian Party. Not the ideal way to do things, but it is the next logical step, primarily because American libertarianism is a step towards greater individual and economic 10. Twenty undergrade sitting at one table. 9. The math students who never clean off the eraser pieces from the tables. 8. The slobs who trash the bathrooms. 7. Frat boys sporting baseball caps to hold in their brains hogging the sun computers to check ESPN sports zone. 6. Undergrade who "study" on the upper floors but only flap their jaws and get irritated when we ask them to shut up. 5. Obsessive Compulsive Mcd students who kick people out of "their seats" on the upper floors. freedom. During the period of libertarian America, the country has to undergo a social revolution of sorts. People have to learn to help out their neighbor, crime has to be reduced, and a number of things need to be worked out (of course, this is a column, not a philosophical 4. The mysterious people who pass gas. 3. TWO WORDS: CELLPHONES book, so thus I am limited in my explanations I can give within space constraints). Second, once we reach a stable state of American libertarianism, the next logical step is towards a type ofsociety called Minarchy. Minarchy is actually the radical version of American Libertarianism. There are four basic parts ofgovernment that would remain under a minarchy: A limited national defense force, a body oflaws to protect natural negative rights, a smaller police force, and a limited system of courts. Finally, once this form of society has stabilized and the kinks have been worked out, the state would simply be dissolved. Plus, as an added bonus, there would be no more need for lawyers! ITS A DREAM, BUT... As you may realize, I don't consider this to be a realistic plan. So sure, I believe in anarchy as a system of society, but I just don't think it can legitimately exist in our lifetime. But, I do think that we can take steps towards it. Early humans walked the earth without the benefit ofgovernment controlling them. Just because we've progressed along through time to have ever expansive and controlling government doesn't mean we have to continue on that 2. Over sexed teeny boppers fondling each other redefining P.D.A. (public displays of affection). 1. Freaks toting girlie mags, fondling themselves and getting their jollies for all to see. Respectfully Submitted, course now. Unfortunately though, in America, our dominance by government has been masqueraded by a friendly face put on by that very government. People actually think that the US government GIVES them rights! Nonsense! No government gives anyone rights. Government can only leave rights alone or restrict them. Also as unfortunate, is how dreadfully far we are, as a society, from achieving the goal I aspire to. Our ever expansive government still can't take care of the problems of our society, so why should I think that we as a society are ready to take care ofthe problems ourselves? It may be a dream...but some day... Katie McDowell, 2L, displaying model behavior in the law library. 8 �Continued from page 2 Blood replenishes, is easily extracted in usable remains a petite mort. quantities...must be a product. Same thing for sperm. Both of these "products" can be sold-or rather, the donor can be compensated for their time and inconvenience. Eggs, the "donation" of which have been occurring for over a decade, are another matter. To facilitate the removal of her eggs, a woman must inject extra hormones, which cause bloating century. As medical technology grows ever more sophisticated, the law will need a comparable sophistication to reconcile our practice to our philosophy. The sooner we equip our legal system to coherently blend our morals with our economics, the better. and irritability, for the entire month prior to ovulation. The eggs must then be removed via an invasive procedure. Once extracted, the eggs do not regenerate. While the "lifetime supply" of eggs a woman is endowed with is not compromised by this extraction, the comparison to blood and sperm begins to fail. What was once based on regeneration is now based on supply (and demand). Following this transition, it is easy to see the economic reasoning that deems these three items exempt from our nation's prohibition on selling parts of a person. Blood can be sold in relatively large quantities because it costs a person—in a tortuous society that can put a price on inconvenience and pain—relatively little to part with some of it. Semen can be sold because it costs a person no pain and only minor embarrassment to do his bit for the gene pool. And eggs...well, they fetch a higher price, because a month of permanent PMS is easily worth five thousand dollars. All three are legitimate transactions, with goods exchanged for due consideration. But the introduction of the non-regenerative egg throws off the rationale behind the legitimacy. Starting with the transition from replaceable product to amply supplied part, it is possible to extend the reasoning and provide for something like...the sale of skin. Skin grafts are fairly common procedures that can be painful, but produce no lasting debilitating effects. While it leaves a scar, it is safe to say that a willing seller could be "compensated" for both the discomfort and the disfigurement if they sold some of their skin. From there, maybe you can sell a lung, or a kidney. Or, if you don't value your life too much, your heart. Legally speaking, the reasoning is there. So maybe it's time to scrutinize our reasoning. Is a person the sum of their parts? From the legal point of view, which operates from the lighthouse atop of the slippery slope, the answer should be "yes." Following that, there is the question: is the right to one's body alienable? From the legal point of view, the answer should be "no." Because of organ donation, however, the legal answers to those questions have been just the opposite. American jurisprudencehas forged a world where one's ethereal "rights" are inalienable, but tangible "parts" are not. Further, because american legal thought is largely based upon economic, Lockean reasoning, that which is alienable becomes commodified. Here enters the contradiction: in a world where one could not sell oneself into slavery, one could systematically auction off every part of his physical being. This is contrary to the fundamentals of the common law we so unrealistically cherish. Many of you might remember the case ofRegina v. Stephens, wherein the Queen's Bench declared once and for all that, no matter how desperate you are, murdering a passive victim to survive is never appropriate. While every law student in the country has probably read this case, american jurisprudence managed to introduce, or at least ignore, a schema to the contrary: you can kill part of someone to survive, as long as it This contradiction is one the legal and medical communities will be increasingly forced to deal with over the course of the next No doubt many prisoners in China feel the same way. By S.A. Cole Images In Male The author of Images in Male is taking a brief hiatus from his duties as columnist, and during this hiatus he will consider the following questions: 1) whether to change the title of his column fromImages in Male to How to Win Friends and be Popular with Women; 2) whether line and color interact in a painting the same way that substance and tone relate in a work ofrhetoric. 3) whether Bill Paxon realizes that some students at UB Law think that raising a child is much less important than having a career, and consider him therefore a "trophy wife." At any rate, the author of Images in Male would like to thank the readers of the column, especially those who had kind things to say to him during the recent brouhaha. There will be more Images in Male after the break. by Adam Perri Faculty - Student Happy Hour The sth floor faculty lounge was converted into a party haven Wednesday, February 25, as students and faculty packed the room for the Spring Semester bash. The party had soda, chips, vegetables, a meat-like-substance, plus beer and wine. Students and faculty took the rare opportunity to interact in a setting outside the class room, with pockets of conversation developing everywhere, and most students seemed to be enjoying themselves. by Ken Grant 9 �{lit* scissors onIf in the presence ofi responsible tfalt] cJ \" MORE SURVEYS! [SURVE V SAY S~i\ CDO and SBA Blasted! I1(1) Who you think replace Barry Boyer dean of II " do should |Law School? Well, the surveys continue as the | to pour in here at the Opinion, . ) ■ Someone within the Law School (Please Specify as we were overwhelmed with 2 more submissions. The theme ■ (Please Someone outside the Law School Specify ) this week with the continues Career I complete dissatisfaction with one student (who Development Office, as they garnered an F from proceeded to blast the CDO in a long commentary that we can't ■(2) Do you like the 'new curriculum?' reprint without a name), a Q- from another student, and both Yes No checked "no" whenasked if the CDO was doing a good job. There was a little ambivalence towards the status of deans at UB Law one student suggested Makau Mutua (and that they were unsure 1(3) Do you think that the Career Development Office does a good I what the deans actually did), and another was dissatisfied with job? j I — I some ofthe other deans. The Student Bar Association also received additional poor grades,raking in a Q- and an F. I j Yes No 1(4) Please rate the following aspects of the law school on the H, The Opinion invites everyone to continue to turn in |Q+, Q, Q-, D, F system... I surveys (we are reproducing it again in a smaller form). We caution I that we cannot directly quote commentary off of the surveys without I The Deans The CDO The Faculty | contact information. However, if a student is concerned about I ■ The SBA(Student Bar Association) The Library retribution, we would be willing to print comments and withhold your name (although identity would be disclosed upon inquiry). please leave all surveys in box 95 or at the Opinion office in the 3 "basement of O'Brian Hall You still have time to fill out the Opinion survey Cj^ J(Name Optional if you want to be quoted) , - THESPOTLITE /.-lflf>rJ 3/^ PRESENTS: TALES OFTHE ABSURD! A 10 �FOLLOWING UP ON INTERVIEWS Dear Job Goddess, A few months ago, I interviewed with a law firm. It went really well, and the attorney I interviewed told me that she would really try to get me on board with the firm, hoping she could convince the powers that be that I should be hired. Shortly thereafter, the firm held a partners' meeting where I was on the agenda. I haven't heard anything since that time. Even though it's been a few months, I haven't gotten an offer from anybody else. Should I call the firm again and express my interest? After all, it's been months and I haven't heard from them. And I confess, I've been too chicken to call; I did try once, but nobody ever called me back. Should I try again? -SE, Illinois Dear SE, In a word Yes. The Job Goddess realizes this seems offhand, like telling you to put on a hamburger bathing suit and jump into a shark tank, but it isn't that way at all. To understand why, you've got to appreci- - your situation the attention it deserves. When you call the firm and speak to the hiring partner's secretary, you could well be speaking to somebody who is up to her rhymes-with-mass in alligators. If she doesn't give you an answer, or says something like "I don't know where your application is," Susan Richey advises you to ask if it would be a problem if you called back in a week's time. If a week's not okay, the secretary is likely to give you a date that is. As your situation illustrates, SE, it's important to keep the ball in your court whenever possible. That is, keep the calling privilege for yourself. As Sue Richey advises, "Instead of just leaving a voice mail message for them to call you back, say that you'll try back in a week., and leave them your number in case they want to call you in the meantime." If time drags on and there is still no decision, think about contacting the person with whom you got along the best to see what else ~ if anything you can do to further your cause. Again, couch your request in terms of how much you liked the firm and how you'd like to make a contribution; now is not the time to say, "Honestly, I wouldn't care so much except that I haven't found anything else and I'm getting desperate." What is the downside risk of this entire approach, SE? There isn't one. As Susan Richey points out, "If they're going to reject you, they won't reject you any harder because you followedup." As the Job Goddess stressed at the outset, there are many reasons why you might not receive an offer that have nothing to do with whether they liked you or not. And even if their reasons did involve you, remember that it's only their impression of you, how you did in a single interview, and whatever you showed them of your credentials in the form of resumes, cover letters, writing samples, and the like. They didn't reject you, the flesh-and-blood person, SE - and no employer has that power unless you give it to them. The Job Goddess trusts that you won't. — ate all of the perfectly understandable, not-rejectingyou reasons why you might not have received a call. As Susan Richey, career services director at Franklin Pierce Law Center (and an attorney before that), points out, "Not receiving a call doesn't mean anything! it certainly doesn't mean they hated you. For instance, they may be waiting for the business they need to support your salary. When I was starting out, a law firm once told me, 'We're counting on a huge piece of litigation, and if we get it, we'll need you.' There are many firms in that position, but often they won't tell you what's going on." On the other hand, of course, you don't want to be a pest. Susan Richey says that in order to walk the fine line between showing enthusiasm and being a bother, "If they haven't given you a date when they said they'll contact you, wait until two weeks after your interview, and then call and say 'I really enjoyed my[This column was submitted by Audrey Koscielniak. The Job self there, and wanted to check on the status of my application.' Most good recruiting coordinators will Goddess isKimmAlayne Walton, author ofthe book Guerrilla Tactics For Getting The Legal Job OfYour Dreams] give you a date when you can call back, but if they don't, ask if you'll be a bother if you call back." THE OPINION WANTS YOU!! Got something to say? Something in the If the law firm you're interviewing with is too small for a recruiting coordinator, it could well be that world or law school eating away at you? the lawyers there have simply been too busy to give Write a column, article, or letter! All submissions due by Thursdays at spm. - 11 �These are the People in Your Neighborhood ... Matt Clabeaux, 3L, "C'est magnifique!" Campus political figure, Nathan Van Loon, 31... ...caught in law library with anonymous blond Scandal! Scandal!! Scandal!!! (from left to right) 1L Malinda McSherry 2L Darlene Gawron 1L Susan Burch Kickiri back in the "PAD" ... the People that You Meet Each Day Translation of our Latin motto: "Is that how you think you run a newspaper?" "I don't know how to run a newspaper, Mr. Thatcher, I just try everything I can think of." 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/81cf032ae137d2701d9b391f71924acb.pdf e698a06e8c48ed6ff73ec6b17e013b8f PDF Text Text ~~ . ,, •. . ·i'[I' . ··_-. .~~~: 1~. r~··. :, . -:---~~~ .. 3.16.98 "Vi veri veniversum vivus vici." 27 th Annual Albert R. Mogel National Tax Moot Court Competition Vol. 38, No.10 by Jessica A Desany Late last month the Buffalo Moot Court Board and UB School of Law hosted the 27 th Annual Albert R. Mugel National Tax Moot Court Competition. The competition's founder, Professor Albert R. Mugel, has been practicing law and teaching at the UB School of Law for over fifty years. Continuing the school's excellent reputation in the field of tax law, the Mugel competition hosted fifteen schools from across the country. Cornell Law School, Santa Clara University School of Law, Howard University School of Law, Quinnipiac College School of Law, Louisiana State University Law Center, and our very own teams from the University at Buffalo School of Law were only some of the schools that attended the competition this year. All Competition rounds were held at Old Erie County Hall on Franklin Street in downtown Buffalo. The preliminary rounds were held on Thursday and Friday, February 26tl, and 27'\ at 6 and 8 p.m., and the semi-finals and finals were at 9 and 11 a.m., respectively, on Saturday the 28tl,. This year we were honored to have, in addition to our magnificent pool of attorneys from the Buffalo community, United States Tax Court Judges John Pajak and Daniel Dinan presiding over the final round along side of our own Professors Mugel and Joyce. For future events, please visit the Buffalo Moot Court Board's web page at http://www.wings.buffalo.edu/moot-court. Outlaw Hosts Talk on Impediments to Immigration By Joan Dickenson Immigration law in the United States is designed to keep families together--but only certain families. This point was made clear by Levy S. Soloway, specialist in immigration law, who spoke at UB on "U.S. Immigration Law as it Affects Lesbians and Gay Men." Soloway, a Toronto native who practices law in Manhattan, spoke at second annual OUTLAW and BAHRWNY dinner and celebration Fed. 28 at the University Inn. If you only read and listen to the mass media, with its emphasis on phenomena like the TV sit-com "Ellen," you probably think gays and lesbians have an easy time in the U.S., Soloway said, but in terms of national values as shown by the law, very little has changed. True, the exclusion policy--that gays and lesbians couldn't come here and couldn't get legal immigrant status if they did--was repealed in 1991. Without it, the Lesbian and Gay Immigration Rights Task Force, the non-profit volunteer group Soloway and friends started in 1992, couldn't exist. But the exclusion continues to operate in both open and subtle ways. Altogether, 900,000 people are admitted annually to the U.S. as legal immigrants. Two-thirds are relatives of people already here, and of those, 170,000 are spouses. "The bedrock principle of immigration Jaw is the guiding humanitarian principle that families should be kept together," Soloway said. "There is no limit on immigration of spouses, minor children, and parents. Under the law, spouses are the most important. The immigration and naturalization process is expedited for spouses of U.S. citizens--even if they're not actually married ...Spouses can become citizens in three years rather than five, and they are almost automatically granted the status of Continued on page 4 Inside ... More controversy about Images in Male ........................... 3, 5, 6 A Hunt for the Truth................................................................... 7 Fan mail from Texas................................................................... 9 Gene Klindienst brings you political satire ........................ .7, JO A Message to the People of Earth .............................................. 6 The Ooinion welcomes You back from Sorin2 Break 1 �IEditorial: Sex, Scouts, and Segregation It is also true that in those dark times a wise man had to believe things that were in contradiction to themselves. --Umberto Eco, The Name of the Rose In these federalist times, constitutionally mandated coer­ cion is the instrument that ensures the fairness of both the public and private sector. This turns many devotees of self-determinism into raving schizophrenics. For the purposes of this editorial, the pivot of this schizo­ phrenia is the gay/lesbian civil rights movement. Fact: Gays and lesbians should be fully protected from government discrimina­ tion. This protection should include the unfettered right to marry and the right to serve unsilenced in the military. Fact: American citizens operating in the private sector should be able to choose their associates, tenants, and employees. Both of the above statements are related to a political construct that believes americans have a right to live their lives the way they choose to. Devotion to such a principle casts govern­ ment in the role of providing an even playing field for a very rough and uneven game. With increasing frequency, however, this even playing field morphs into a biased referee. In other words, gov­ ernment is frequently called upon to force fellow americans to be nice to one another. For example: With the law backing his fight agaiq.st discrimination, ousted Scoutmaster James Dale recently broke through a straight line of segregation. A few weeks ago, a New Jersey Appeals Court heard his case, and decided that homosexuals have a fundamental right to membership--or leadership--in the Boy Scouts of America. To listen to the uproar, one could easily suspect that the Boy Scouts of America will soon require their members to earn Editor in Chief ................................................................. S.A. Cole Graphics and Layout Editor ........................................... Ken Grant Business Manager ........................................................... Dan Baich Managing Editor !... .................................................. Cindy Huang Managing Editor Il ....................................................... .Joe Huang badges in hairstyling, interior decorating, and fashion design. Some members of the Scouting community probably also envision drag­ queen workshops, and competitions involving the creation of ef­ fective lubricant using only some rope and a swiss army knife. And many have already gone so far as to question the safety of young boys in the presence of proclaimed homosexuals. These are the type of "stereotypical notions" the court was directly responding to in its opinion. Dismissing the concerns of the Boy Scouts, the court acted to enforce equal protection by making a sweeping declaration of the innocuous nature of homo­ sexuality. This sort of judicial activism is of the type that charac­ terized the racial segregation decisions of the Warren Court. Invoking the 14th Amendment, the court compared the "public accommodation" provided by the Boy Scouts of America to the service provided by a bus, lunch counter, or movie theater. As with any segregation case, the decision reinstating James Dale was written in the country's "equal protection" vernacular; consti­ tutional vocabulary derived primarily from decisions involving racial segregation. For some, the implicit comparison of the Boy Scouts to Ollie's Barbecue is insultingly extreme. For others, the blatant disregard for the "moral standards" of the Boy Scouts of America is a gross violation of their First Amendment freedom of associa­ tion. The 14th Amendment became part of the constitutional landscape at a time when our nation was torn over ideology and philosophy. In an attempt to stitch together the tattered rags the fabric of our nation had been rent into, Congress conferred powers of civil regulation unto the federal government in previously un- Continued on page 3 Staff: Columnist. .............................................................. Kristin Greeley News Reporter ................................................................. Kevin Hsi Columnist. .................................................................... Randy Janis Columnist... .......................................................... Katie McDowell Op/Ed Editor ................................................................. Russ Klein News Editor ............................................................... Sol Sandberg Columnist. ..................................................................... Adam Perri Photographer ................................................................... Ken Grant The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �Continued from page 2 heard of proportions. To be blunt, this was like fixing a quilt with a piece of barbed wire. While governments, curbed by the 14th Amendment, ceased to be the instruments of bigots and racists (in theory, people, in theory), private citizens lost a component of their autonomy. What was once a device to ensure equal treatment before the law, become a coercive mechanism for nominally equal treat­ ment in the private sector. The self-determinism that our forefa­ thers fought for has become the isolationism militia members build bunkers for. Yes, homosexuals should have all the rights enjoyed by heterosexuals. But while gays get married, adopt children, and become less marginalized members of their communities, bigoted institutions should be allowed to die a slow and painful death. Can't join the Boy Scouts? Start your own. Aren't allowed in the JayCees? Charter a better club. Yes, discrimination is wrong. But forced entry into the dominant paradigm is not the answer, especially when the rights you are fighting for involve the right to live one's life however you wish. Somehow, I think the National Gay and Lesbian Task Force would object to a passel of Pentacostals storming their mem­ bership via the 14th Amendment (or the First). But here is where the schizophrenia really hits home. As a nation, we have taken fair play too far--and it's too late to turn back. Had Dale's case been lost, it would have been a tremendous blow to the Gay civil rights movement. To back down at this stage of the game, this far into the equal protection strategy, would be a damaging retreat. Dark times call for the acceptance of contradiction. Maybe it's time to turn on the lights. WE fJO T A l E T TE RI DearEditor of !he Opinion ... Several students have responded to Adam Perri's invita­ tion to engage in some intellectual horseplay. Unfortunately, no one has come prepared to play rough. While Mr. Perri's article, Images in male, invoked much controversy and hostility from his colleagues, I found nothing morally reprehensible in his message. The first duty of any critic is to show some evidence that they at least understand the message that they are criticizing. Next, the criticism should be based on premises and conclusions that logically flow from one to the next, and should point to the spe­ cific arguments that are flawed in the subject essay. Mr. Perri has been attacked from several angles for writ­ ing his article, but no one has addressed the premises of his argu­ ments. Some have even threatened to use Adam's article to inter­ fere with his future endeavors. Law students are not supposed to refute on another's ideas by chilling the expression of those ideas. Furthermore, the responses to Adam's article did nothing to refute the stereotype that many (not including myself) hold about female scholars. I know that these responses were not representative of the best that some of my female colleagues could have produced. This reminds me of when the little kids wanted to rough house with us bigger kids. Back then we always told cry babies: "Hey kid, I think I hear your mother calling you." Perhaps now it would be more appropriate to say "significant parent figure." --Paul K. Barr, 2L See pg. 9 for one more letter from a big fan of the Opinion from the Lone Star State ... Letters to the Editor should be submitted to box 27, or slipped beneath the door or the Opinion office in the basement. If your letter is more than half a page, kindly include a Wordperfect 5.1 version with the hard copy. All letters must be signed. --S.A. Cole Buffalo Public Interest Law Program's 3rd Annual Silent Auction will be March 27th, at Birge Mansion. TICKETS WILL BE ON SALE 6n front of the library, or with any BPILP membe1 MONDAY, MARCH 16 - FRIDAY MARCH 20th. Tickets are $15/student and $18/public. Price includes open bar, food, and entertainment. Would you like to write THE OPINION? for All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). 3 �ANNOUNCEMENTS The Buffalo Law Review will be hosting a Symposium of Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy on Friday and Saturday, March 20-21, 1998. Admission for students and faulty is free, but advance registration is required. To attend this symposium on legal issues and politics at the center of current confrontations between members of the Iroquois Confederacy and state/federal governments, fill out a registration form in the Law Review office. Continued from page 1 permanent residents." But if those same U.S. citizens are gay or lesbian, they can't sponsor their partners for immigration. "There's no form to fill out. There's no box to check. To the Immigration and Nationalization Service, those two people are absolute strangers," Soloway said. "So you try other things--student status, work status--and ultimately you run out of time, and your partner becomes one of five million illegal aliens in the U.S. Our law tears couples apart. Sometimes partners get deported, and even if they don't, they live in constant fear." Illegal aliens can't vote. They can't have a bank account, a Social Security card, a driver's license, or even a job that pays in anything but cash under the table. Some other nations have changed their laws, Soloway said, including Denmark, Sweden, Norway, Australia, New Zealand, Canada, Belgium, and surprisingly, the United Kingdom. The Lesbian and Gay Immigration Rights Task Force not only helps people struggle with the INS; it also keeps abreast of the law and seeks to change it. Also speaking at the OUTLAW dinner were Dean Barry Boyer of the UB School of Law, Bill Goodman, president of BAHRWNY,and Professor Estelle Lau. Dean Boyer, who is leaving at the end of the year, was presented with a trophy--a lavender closet with a plaque--in recognition of the improved relations between the law school and its gay and lesbian students. Buffalo Public Interest Law Program's 3rd Annual Silent Auction will be March 27th, at Birge Mansion. Tickets will be on sale in front of the library, or with any BPILP member, Monday, March 16-Friday, March 20th. Tickets are $15 for students and $18 for the public. Price includes open bar, food, and entertainment. The Commencement Committee has announced the speaking roster for this Spring's Graduation Ceremony. The honorable Richard Wesley, NYS Court of Appeals, will be serving as the Keynote Speaker; and congratulations to Sean O'Buckley, who was elected student speaker. Tickets for Senior Night at the Pearl Street Brewery can still be purchased from Committee members or Marie in Room 306B. Cutout11,tlflfu,,, to /Jox9S totl1y! ~ ~--------------~-.s u RV E y s A y s ! I (U11,eium ofllf i11f/,1pr11111e1 ol I r,1po,,,i/,/,1dulf/ ~ I I 1(1) Who do you think should replace Barry Boyer as dean of the I ILaw School? I --Joan Dickenson is a free lance writer and journalist-- I I- Someone within the Law School (Please Specify ___ Someone outside the Law School (Please Specify t- 1(2) Do you like the 'new curriculum?' I L Yes _ No I 1(3) Do you think that the Career Development Office does a good Job? I • Yes I ) I ) I I I I I No I(4) Please rate the following aspects of the law school on the H, lo+,Q, Q-, D, F system ... I I-- The Deans The COO 1-- The SBA (Student Bar Association) _ _ The Faculty The Library ~Please leave all surveys in box 95 or at the Opinion office in the ~asement of O'Brian }{all !(Name Optional -- if you want to be quoted) .J ._ 4 _________________ _ �In Defense of ... Images in Male I have to admit relief on reading Petrina Keddell's recent response to my Images in Male column. It was refreshing to see that at least one of the critics of my article had both the discern­ ment to recognize and address the issues my article treated, and the courage to submit her own opinions to public scrutiny. It was also encouraging that at least one of my critics was not content to confine the expression of her disagreement with the opinions I expressed to seething glances in my direction, and muttered com­ ments about me after I have left the room. Although I don't know Ms. Keddell personally, I understand she is from Central New York, which causes me to be optimistic about her sincerity and human decency. Ms. Keddell 's examples in support of her argument serve to crystallize the differences in our views, and I must compliment her with choosing examples that are so germane to the argument. Particularly telling is her contention that sexuality, a human char­ acteristic emblematic of a broader human nature, is socially con­ structed. This is the polar opposite of my belief that sexual identity, including sexual orientation, is a characteristic present at birth that springs from sources which are innate, even if such sources are difficult to identify with certainty. Ms. Keddell articulated her belief quite succinctly: "Sexuality ...is shaped by a variety of individual experiences, preferences, and dislikes[.]" (Emphasis in original). Until quite recently, many doctors and scientists shared Ms. Keddell's view. They also shared the view implicit in her argu­ ment: that because sexuality and the human nature of which it is a part are the product of individual experiences, human exposure to those same individual experiences can be manipulated and con­ trolled to refine and mcorrect elements of human nature that are putatively objectionable (even sexuality). One example from re-· cent American history serves to demonstrate the implications of Ms. Keddell's beliefs: Early in his journalistic career, Mike Wallace reported on an attempt by one psychiatrist to treat what psychiatrists at the time generally considered the socially-constructed "disorder" of homosexuality. This psychiatrist attempted to "correct" homo­ sexual desires in his male patients through aversion therapy. A patient was connected to a device that monitored his thoughts, and homosexual thoughts were rewarded with electric shocks of in­ creasing strength. Readers today will not be surprised to learn that this psychiatrist did not succeed in eliminating homosexual de­ sires in any of his patients. Without dwelling on the horror if this specific procedure, it is enough to point out that the attitude I decry in my article under­ lies the very assumptions that enable such malevolent attempts at social engineering. These assumptions are: a) that one can fathom the intricacies of another human personality; and b) that one can claim for oneself the prerogative to at tempt to alter the makeup of another human personality. Only the most abject slaves to political ideology exhibit arrogance sufficient to find such assumptions plausible. [Some people have misinterpreted my first article on this subject to con­ clude that I was identifying what human nature is. I was not. I was only identifying the sources from which it springs. Human nature ripened into an individual is called a personality, which is suffi­ ciently intricate and individuated to be inscrutable to an outsider. We future attorneys will be certain to emphasize the inexact nature of the discipline of psychiatry should we ever be lucky enough to cross-examine a psychiatrist on the witness stand]. Sadly, Ms. Keddell seems to believe that she and those who share her views are discerning enough to fathom the depths of the human mind, and competent to alter what they find there. I disagree. She evidently believes that her social and political goals are so crucial that she should have the chance to alter the tempera­ ment of her fellow human beings. I disagree. Ms. Keddell seems unperturbed that she shares the underpinnings of her philosophy with fascists, communists, the psychiatrist mentioned above, and inquisitors of every stripe in every age. If my philosophies kept such company, I would want to reconsider my world view. by Adam Perri \.tot1o'RctB'-~ :r '-'.S"r:t:.C.f CF\ LIA "B~C.K~EP~ 1. S E..v E.fJ ,=-'-"~Tl--\€:"R.i:'"~otl\ \-t:X:S O~t:G.t-lf'.fl. s.,-r:\f,IC.£ o tJ $E-)C~~ L. "F{~'{SSr\E.tJi • • • •• , F1N l) ~ Ert\E ti\ ~E.l<J T~~,.- MFt-rT£1tS, so, 1>1: L LY, w NOT o :r. TS iH £ (~DUCT 1)ox"'G :t..T, """'o s Ff-::i>"PR. EC:! AT'E z r I'F -,'ou ~EE --P f':t 0¢ ~wF{'( FR.oM '{oul{ l>A6'(SrTTfRS C~oTCt-1 :CN TH~ Fv..T«Afi!.E. £ C.Ou... l-0 ~Lt. - ::-- 5 �My Spleen I'm somewhat jealous of my fellow columnist, Adam Perri. His column is getting something that mine rarely gets: attention. So I figured, hell, I might as well jump on the bandwagon. A few things occur to me when I read Mr. Perri's various columns. My first reaction to Mr. Perri's column (before the controversial one) was, damn, I'm an idiot. Prior to reading his column, I had believed that I was relatively well educated. I thought my parents had actually gotten their money's worth for my college and secondary educations. Then again, maybe my extra-curricular activities counteracted any educational value my time at that SUNY school south of Rochester had. What really struck me was Mr. Perri's liberal use of footnotes. I don't even like using footnotes when I have to, won't use them if not required, and will certainly never use them in this column. I actually knew some of the works that he cited. I did go to a few English classes in college. Others were just a mystery to me. Mr. Perri must have some sort of background in Russian since he keeps quoting Russians. I took a semester of Russian i~ college, but the extent of my Russian knowledge is one sentence: 1.,l z.0 ,.,._r{v--T E: 1 ~ M...o _"i),'\vv v-- ,i A-°'-.. .1:>.<:. LA.. ( For those of you not conversant in Russian, it means, assuming I've written it correctly, "Excuse me, are these your swimming trunks?" A very useful sentence, I think. Anyways, it strikes me that Mr. Perri is more educated than I am. This, however, doesn't help his writing style. The main reason I didn't understand what he was getting at in his columns is that his writing is very obtuse. Get to the point, I say. I had to read his columns at least twice before I got his messages. I had to bring in someone with a Philosophy degree to understand the controversial one. His sentence length rivals that of the Victorians. They (at least Dickens) were paid by the word, and most people can't stand reading them. This might be why there was allegedly confusion over what Mr. Perri's point was in the controversial column. (You knew I'd get to it sooner or later.) I don't think so. The explanation he gave for his column seems to be written by another person. (I'm not insinuating that he didn't write it.) Take for example, his explanation of the three observations about the "current state of women." Point c) for example. The original: C) that the cultural elite's denigration of marriage, the most reliable guarantor of female financial and emotional security in every human society, have left countless women lonely and overwhelmed, without a man's hand to caress her at night or discipline her children by day. The "explanation:" c) The third observation assumes that in many cases, a mother who does not have a husband or significant other might like to have one someday, and would derive from such relationship happiness, emotional security, greater financial security, and assistance with the myriad duties of child rearing. OK, you see my point. Mr. Perri alleges that we missed 6 the playful tone he employed while writing his column. I don't see anything playful about saying that women need men to survive, both emotionally and financially. Sure we do. What about the women who are hurt emotionally, physically, and financially by men? We know this happens all the time. We see it among our friends and family. I'm not saying that all men are bad. I'm just saying that having a man is not always the key to happiness and security. And what's with that crack about the "comfort leisure and luxury" of the fifties that women experienced, allowing the~ to "concentrate their energies" on child rearing? Have you ever heard of tranquilizers, Mr. Perri? A Jot of women took them in the fifties because they were bored and stuck in bad, UNFULFILLING marriages. The Rolling Stones even wrote a song about it. All right. I'm not going to go on and on about this. You're intelligent people. Draw your own conclusions and make your own decisions, but here's my take on Mr. Perri's subject: I think that in using the term "culturally elite," Mr. Perri means feminists, especially those in academia. I consider myself a feminist, but I certainly don't agree with many of the more liberal and extreme positions that many feminists hold. I believe that ~o~en should be free to make their own choices about working ms1de or outside the home. Often, the "culturally elite" would have us believe that a woman is somehow less of a woman if she does not work outside the home. I think it's her choice to make. Whether or not a woman wants to have a career outside the home is totally up to her. The culturally elite (in many forms) have been shaping society since time immemorial, for better or for worse. I do agree that there are some aspects of human nature that can't be altered. However, the "boys will be boys" attitude is not one of them. Society is in a constant state of flux; in the last hundred years or so, the trend has been toward sexual equality, whatever that means. World War II was the beginning of a lot of women deciding to enter the workplace. At first, it wasn't their choice -­ someone had to do the work while many were at war. After the war, many women didn't want to go back to working inside the home full time. Modern technology made housework less time consuming. Children grow up. Women wanted to better themselves, and their families. It is true that many more women must work outside the home today for financial reasons, but this is not because more women are in the workplace. I'm not an economist, but I believe there are many other factors at work there. Whether we like it or not, society is in the condition in which we find it. There's no turning back. We're out of the kitchen, and not going back if we don't want to. by Kristin Greeley, 3L GENT IEREAdER, I AMA RoboTfRoMA fARoff plANET wl-tosEpEOplE1-tAvE A coNsidERAbly diffERENT sysTEM of pl-tONETics Tl-tAN ANYof Tl-tEIANGUAGES of youR prnplE ,.,. so diffERENT iN fAcTTl-tAT l'M AfRAidif I TOldy9u My REAi NAME, NONE of you would bEAblETOpRONOUNCE iT. So, bEARiNG Tl-tAT iN MiNd, I 1-tAvE bEENAskEdby Tl-tEsTAffof fflE OpiNiONTOSEARCl-t OUTSUGGESTiONS foR A NAMEfoR MysdfffiOMAMONGST fflOSEiNdividuAlsiNTEmGENT ENOUGl-t ~"'-... TOREAdTl-tEOpiNioN. PIEAsEsubMiTANYSUGGESTioNs TO ____ box 6 ~. Tl-tANk ..,;,,;..;.;,,;,,;.,i.;,;;,;,;..;.;.;,;,;;:;.;._ you foR vouRTiME. ___ ___,J �Mor aI A man was hunting in the woods. He took no pleasure in the hunt, but it was his responsibility to bring home to his children something to eat. Surely, he was no vegan. In fact, he knew nothing of the philosophical debate over animal rights that -RECENTLY AVAILABLE­ he would have dismissed as ridiculous. As tofu was not available, WM-50+ seeks SWF 21-30 for good times. meat was his family's primary source of protein. The hunter had to feed his hungry family. Likes late night rendevous in my office, As he crept through the forest, he perceived rustling in secrets between us, McDonalds. some shrubbery. Something was in there. He aimed his weapon P.S. I have my own jet. at the brush and waited. He could not wait too long because night was falling, but he did not know what was in the bushes. "Could P.O. Box 1600 Wash. D.C. Attn: Wild Bill there be a person in there?" he asked himself. As it became darker, the hunter's patience gave way to his fear of going home without the sustenance that his family required. Bang! He launched his shot into the bush. He hear the slug crash into its target. As he raced toward his prey, a sick -SEEKING RESPECT-· feeling overwhelmed him. What had he shot? He wasn't sure WM-50+ seeks SWF 35-40 for lovin ·. that the object in the brush was not a human being, yet he had risked that it was because he perceived his family's need to be Tum ons- grand jury testimony, Starr gazing, greater that the risk he had taken. According to any moral calculus, quick trips to Malibu, gray suits was this risk reasonably within the hunter's realm of rights? Tum-offs-Redacting. Dr. Smith ran a medical clinic for women where she sometimes performed abortions. She took no pleasure in the Show me your subpeona and I'll show you mine. service she provided, but it was her responsibility to offer care to P.O. Box 1776 Wash. D.C. Attn: Big Kenny women that they require to stay healthy and well. Surely, she was not religious. In fact, she know nothing of the philosophical debate over prenatal rights that she would have dismissed as ridiculous. For many of her patients, an abortion is necessary to secure health and prosperity. Some are babies themselves. Tl-t<a Lf.\ vv s~ HOOL ''eooii f,01'£" L OVt:l'j ,, YEAR LO<-M,I(. ~QOM As she probed the girl's (LN.0 CA.I><, 1'10 f/:'RVIC,f: •. AX.A. SAS~fl'r " abdomen, she perceived a mild flutter. Something was in there. She lifter her utensil to start the procedure. She could wait no longer because the second trimester had begun, but she had not discussed with her client the nature of a .c:J c.::i prenatal creature. "Could there be a / person in there?" she asked herself. Any hesitation could force this girl to carry full g term, and result in the birth of an u. unwanted child. Snap! She punctured the amniotic sac. She felt her tool penetrate ,.__4;) Quf" \\·1-f<d, .;.o,.;,.,..«r lolb its target. As she continued, a sick feeling QIIK. t,(:,Aiff/t="vl .,Efp4<-l-ed -ro k +ullf ape,-.,-..,,, oy lO<ll overwhelmed her. What had she Sr" 1)/it{T(O~N.t: destroyed? She wasn't sure that the object in this young girl's womb was not a human being, yet she had risked that it was because she perceived the girl's need as greater than the risk she had taken. According to any moral calculus, was this risk reasonably within the doctor's realm of rights? rl\E , - Paul K. Barr, 2L ... N01'1oyt "°1--1, u.scD Y,JiTHTHt -~AvJl7 LJyJN<,£° 7 ''u;N,£ Otl &VER,y Or-.E1 LE.(S C.-l'tTH.€~ AROUN I) fHt: ~RGTor,PE( NOIU<.11v,,. �.r::~i<..,~ ";·...t••"~~: ..·,···:·.·:: ...<:•:_._,<.-:} me) some sort of ''x•) ·, J ·'. ) : '· .··' ...'·. · ownership. Are parents ,...J. · ill~~::~~:: :!::f:::~ .J!iI!I!lilii!li:i!ir:U~;e:b!:r~:y :)arrangement. Parents are :tmerely guardians. And if )parents are guardians, then \-- 'ii/ti·mt :;,· ANARCHIST DREAM VACATION No doubt to the pleasure of Cole and Ken, I will not be here as this issue undergoes that grueling process that can only be best described as "layout" (my new 4 Jetter word). Of course, I've also no doubt that layout will (for once!) be done the same side of midnight it was started (which leads me to wonder just how much my pathetic sense of humor slows down this newspaper sometimes ...). Still, I wanted to leave you all, my faithful reader ....err...I mean readers with some thoughts to gnaw on (my mom can't be the only one who really reads this stuff, can she? Actually, I also am aware that Petrina Keddell reads this column. I know that because she politely shredded me to itsy bitsy little pieces last week ...and where there's one, there's gotta be dozens and dozens of loyal readers, right? -- ok, lets not get carried away). SELLING BABIES This just occurred to me the other day. I was thinking back to when I lived in McGinnies Hall, at Fredonia State, and I remember that there was some sort of unspoken rule for what seemed like most of the females living in that dorm: In a female's room, there must be displayed some sort of poster with a shirt-less muscle bound guy, clean shaven, holding a tiny little baby in his arm. Another common wall-atrocity was a poster in which two little kids (one boy, one girl), obviously in that 4 or 5 year age ~ange, holding hands and pretending to be adults (or giving an mnocent peck on the cheek, etc ...you know what these posters are like). . Setting aside good taste (even my last girlfriend indulged m these types of posters, owning at lea<;!the first type), I thought to myself "who is giving permission for these kids to be in these advertisements? I thought back to all those TV commercials where it is so popular to place little kids in commercials. So whe~ever I turn on the TV, I am subjected to some commercial written by s~me guy who t~ought that perhaps if I saw some baby exposing his bare ass, I might want to buy a new set of tires from Michelin or I might want to get a certain brand of towels, etc. Its unreal. ' Isn't this ....Child exploitation? OK, before someone lays into me with another attack, hear me out. I have no doubt that the parents who put their kids up for these advertisements and merchandise have nothing but pure pride in their children, and that most (if not almost all) have only the purest intentions. . Regardless, being able to sell someone else's image? There 1s something very disturbing about that (even if it is your own kid). Being able to sell some image or likeness implies (to i · '··'· · ' · · \{i: f owners of their children? If here the notion that when you are selling a child's image like that, you are exploiting a power-relationship that exists between the adult and the dependent child. Of course, I will garner few supporters on this issue. But if you pry past the thought that "parents have nothing but bubbling pride" you will see clearly that I am right. This is nothing but selling your children, without their knowledge or consent. LIES, DAMN LIES, AND GRADES I bet some of you first years are wondering, where your grades are? I suggest the following solution. In true punk D.I.Y. (do it yourself, for those not in the know) fashion, I suggest that you create a small slip, and put the following words on it: "THIS SLIP ENTITIES THE BEARER TO THE GRADE OF AN "H" FOR THIS Cl.ASS, DUE TO THE TARDINESS OF GRADES." Then hand in said slip to the professor who is making you wait. I hate waiting. I still haven't gotten one of my grades either (so it doesn't get any better in second and third year). You gotta wonder what is up with this (though to be fair, at least my professor did hang up a note saying that grades would be late). . . (To avoid my being expelled for encouraging illegal activity, the above suggestion is a JOKE.) MUSIC Finally, here's a subject I can relate to. I bet a lot of you who are into pop culture music must really dig that song "Tubthumping" by Chumbawumba. Did you know that they used to be a punk anarchist band? Now they just write cheesy dance music. Did you know that they used to be extremely outspoken against EMI? Now they are on an EMI label. EMI has been involved, to the best of my knowledge, in the weapons industry. You don't preach anti-war and have your band on the same label that an arms dealer owns. Of course, I listen to stuff like the Subhumans, Crass, the UK Subs -- stuff that most readers of this column have probably never heard of, except from me. I think most modem music sucks anyway. But that's just me, and my idea of a good modern band is Citizen Fish. RERUN RETURNS Well, that's about all the creativity I am going io squeeze out of me. When this paper goes to l*y**t, I will probably be in ~oston, or on my way there, fantasizing deeply about the printer m the office (inside joke). Meanwhile, I hope everyone had a great break, and that we can restart the revolution next week! ANOK4U2. by Russ Klein 8 .__~~------------------------....i. t �NOTA PAIDADVERTISEMENT ... a ResponsefromtheDepthsof theInternet l1f3t!.J @li1"!JJ@l1 lJ;_i TheFirstNovelin an ExcitingNewSeries by Jack Cohen UCH fOR11 "I asked Sue la leave the bedroom light on for our love­ making. Sue said she would be embarraned presenting herself to a man naked upon their first encounter. I responded by saying that our eyes would not have to m~ke contact if she placed o pillow over her face while ly1n9 naked upon the bed." In Reach For II, the author's erotic toles depict a sago complo10 with desire, seduction, and intrigue. Sex and society's desire for tho enforce­ ment of justice illuminate his work. About the Author Jock Cohen was born in Philadelphia, Pennsylvania. He has read and observed enough of life to write in a unique and ind?pendont styl_o 1-tis ability to separate romantic affairs from one another in a series ot chol­ lenges titles him as .dangerously magnificent. Feb.23,1998 , ~ .-To: Opinion; From: (Editor) Jack :tRRl Cohen Box 198-T LaFeria,TX JackCohen My Fellow Law Students: You may notice a slightly more playful air about this issue. Well, it was our Spring Break, too, and we wanted to present you with something fun to welcome you back from a vacation no doubt spent catching up on all the classes you've been skipping. Actually, that's only part of it. You see, we recently received some mail here at the Opinion that we don't know quite what to make of Rather that relate the story for you, we have reproducedthe submissions we received in full (although we shrunk then to fit on one page ...you can only take a joke so far). Since the Opinion belongs to all of us, we figured you should not be denied the chance to peek in on the "dangerously magnificent" chance to buy some porn. I especially enjoyed how the author managed to relate his work to our collective field of study. This is what you get for putting your publication on the Internet. Su':,: Attorneys are enforcement. http:/vvv.vsaor.net/dorrance/ Barnes & Noble.com. 795 59 a p ar t o f h t e Justice syste~,i,e, lav fdtZ- Book distributors: Baker and Taylor Books Ingram Book Group PS This book because of its s . from page one to its ea· k1llful r tell disappoint you. n ing,and LaFeria,Tx 78559 momentum should be you that this bookd;f;~t~~t The Opinion in no way endones the reading materials offered by Mr. Cohen. We publish Mr. Cohen's letter and promotion material solely for informational purposes. In addition, certain memben of the Opinion's staff found Mr. Cohen's materials humorous. We were also pleased to see evidence that passion for law enforcement and justice is alive and well, although, as in this case, not in the fonn you might expect it. 9 �Editor's Note: My fellow students, Gene told me that he wrote the following works of art whilst suffering from law-school induced insomnia. Now. I know there are others of you out there who can't sleep at night for fear of the Grat Tran class that awaits you. So why sweat it out alone? Use that time to write some Law School Songs of Innocence and share your suffering with the rest of the legal world! And remember: your stuff may not be as funny as Gene's, but he commutes to school and has a family. He may be under more pressure than you. That's okay. Bring your stuff in anyway. We'll give you a funny headline and you 'LLbe on your way. Hickery dickery Bill Impeachment takes place on the hill The clock struck one What would have have taught a son Hickery dickery Bill Hicker dickery Ken I won't testify again The clock struck three Let Whitewater be Hickery dickery Ken Wow, now I'm sure oral sex withyout your spouse is adultery .... New Gingrich--Speaker of the House/Missing since 1996 Curl up wihth this book and a bowl of potatoe chips, you'll read it cover to cover but the pages in the middle could slow you down .... Dan Quayle--Former Vice President (come on, you must remember) Goes great with a smoke, pipe or cigarette, it doesn't matter which ... Jessie Helms--Senator/Curmudgeon ESCERPT FROM HILLARY CLINT'S NEW BOOK OF CHILDREN'S RHYMES "IT TAKES A DUMPTRUCK" Hickery dickery Hillary For my past I'm being pilloried The clock struck two Records reveal nothing new Hickery dickery Hillary BACK COVER ENDORSEMENTS FOR BILL BENNETT'S BOOK OF VIRTIJES VOLUME TEN Every bit as good as my books and newletter which you can order by calling 1-800-GET-RUSH .... Rush Limbaugh--Entertainer/Entrepeneur Hop ethe movie is as good as the book ...can't wait to review it. Michael Medved--Conservative Mouthpeice/Movie Critic One, two Put on your pants and shoe Three, four, Lock the oval office door Five, six Interns make lousy picks Seven, eight Never a second date Nine, ten There he goes again. It changed my life, can't remember what it said but I use it as a coaster for my whiskey rocks and presto no more unsightly rings. Boy the new wife get pissed about those rings. Hey!!! am I rambling? Let's get the hell out of here, I have a committee meeting, ahh, forget it, let's have one more.... Ted Kennedy--Senator/Famous uncle This amusing political satire and the ads feautured on page 7 were brought to you by Gene Klindienst. EXCERPTS FROM THE FORWARD TO BILL BENNETT'S NEWEST "BOOK OF VIRTIJES VOLUME TEN" PENNED BY HIS GOOD FRIEND, THE HONORABLE JUDGE KENNETH STARR . Translation of our Latin motto: fl Ja, wir haben keine Bananen fl .. .Imagine a man in Washington D.C. with almost unlimited power, conducting his business behind closed doors, leaking what he wants believed, obsessed with sex and taking advantage of his power to get people to do his bidding. The man feels he is not accountable to the press, intimidates, and manipulates the law to his own ends. People fear he will use his power to make it appear they say things they don't really mean. Thus to sooth those fears, he offers to help them out of their troubles, only if they can help him maintain his image, legacy if you will. That's a man lacking in virtue and that is why I take my job as special prosecuotr so seriously. I make it my business to see to it that people like those are not allowed to represent theAmerican people's interest. That's the kind of virute you can find in my good friend Bill Bennett's book. He is every bit as dedicated to virtue as I am. I have no doubt Bill brings as much effort to writing this book as he did to being the drug czar, you have my word on it. All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). ._. - .... -----· ----Si <http://wings.buffalo.edu/law/opinion> 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8be54d5a3991b4ae32e7cc3318bea9ab.pdf 979c026cf84e6a22b3fc1911a7a3e5ae PDF Text Text OPINION Vol. 38, No. 11 "Vi veri veniversum vivus vici." 03.23.98 PAPER CHASE IN COMPUTER LAB by Sol Sandberg At a time when appellate briefs are coming due, UB Law students are faced with a paper shortage in the computer lab. One possibility for this may be that someone at the Law School has decided to decided to discontinue providing paper to the lab. On Wednesday, March 18, Helene Broden, who supervises the Law School computer labassistants indicated as much in a letter saying, 'I understand that the Law School will no longer provide paper for the lab. I'm very sad to hear that, and to have to report it. Please check the HPssi printer every now and then, at least once an hour, to see if there is anyWestlaw or Lexis paper in the printer. Take it out if you find it there!!!. If we abuse those paper supplies too, I know that Lexis will definitely pull their printer and paper." However, at this point it is unclear whether the Law School has actually decided to discontinue providing paper. Gloroia Paveljack, Staff Assistant for Resource Management who normally provides paper to the lab was unavailable for comment when this article went to press. However, Marlene Cook, her boss and the Associate Dean for Resource Man- agement, told me in an interview that she was unaware of any such decision, and affirmed that theLaw School will definitely continue to provide paper to the computer lab. Dean Cook indicated that for the past few weeks she has known of a shortage of paper in the lab due to what she thought was the fact that students were printing an excessive amount of materials and not paying for it. Yet Cook denied the allegation made by some students that theschool decided to discontinue providing paperbecause of the widespread practice of printing without paying. Instead, she suggested, that the problem may be related to the transition of some responsibility for the computer lab to the Baldy Walkway Technical Node. When asked why there was no paper in the computer lab, Mr. Rick Harrington, aTechnical Support Specialist for the Baldy Node said, I don't have a clue" but he added that the paper problem in computer labs is a campus-wide phenomena, especially since the "deans got squeezed," referring to the budget squeeze that made individual schools more respon- Continued on page 13 SBA Meeting Election Season Here Contentious by Kevin Hsi by Sol Sandberg On Tuesday, March 3 the Student Bar Association (SBA) Once again the election season is upon us for the Executive had another meeting which was noteworthy in part because of its Board of the Student Bar Association. The Student Bar Associacontentiousness over a funding request by a student law journal. tion is an umbrella organization which is empowered to govern The three major issues discussed at the meeting were a funding the Law School student organizations and is ultimately responrequest from BPILP, a report from the faculty Hiring Committee sible for the actions of the Law School student organization. One and a major funding request for the Buffalo Human Rights Law way in which does this is through its control of $60,000 received Journal (HRLI). every year in student fees which it allocates at its discretion to law The first item of business involved a $100 request by 1L student organizations. The Executive Board of the SBA is made representative. Rick Staropoli asked for temporary funding for Continued on page? BPILP so that BPILP can purchase materials from NAPIL (NaInside... tional Association of Public Interest Law) on how to start a Loan 6 Repayment Assistance Program. Recently, several students who The Anarchist plan to go into public interest work have discussed ways in which 8 Images In Male the law school could try and implement a loan repayment and/or 10 In the News loan forgiveness program for public interest lawyers whose salaContinued on page 4 and notes for the e-mail impaired 1 �Editorial: Prior Restraint At UB Law The refurbished Opinion has been gaining momentum for seven issues now. A little more than halfway through our first semester of weekly publication, submissions have been steady and varied, and many students have used the paper to communicate their ideas and philosophies to their fellow classmates. This, aside from informing and entertaining, is the function a law school newspaper should serve: to be the responsible conduit for regular communication in a scholarly community. Given this function, it is the policy of the Opinion to print, unexpurgated, any letter, cartoon, or article from the students, faculty, and staffof UB Law. With the exception oflibelous or anonymous submissions, nothing is refused. Despite this policy, however, many students feel that they cannot present their true feelings to the community of UB Law. This is because many perceive an air of potential retribution or resentment in what is ostensibly a free and open intellectual society. This statement is not in reference to a certain column that has garnered much attention and counter-argument over the past few weeks of the Opinion, nor to the varying character and content of said counter-argument. The author ofthat column put forth his ideas, and many responded vehemently. This is the risk and the joy of writing for a diverse audience. This statement is also not in reference to the multifarious, school-wide dialogue that has commenced in the wake of said column and its ensuing commentary. Again, the article was written, and the consequences of writing are always varied in their degrees of pleasure and pain. Rather, this statement is in reference to articles and letters intolerance and repression, real and imagined, that pervades the air at UB Law. Some of this intolerance was tangentially exhibited during the fracas that followed the publication of the abovementioned column. Other evidence, also related to said column, has been alluded to in "a rumor mill," or "grape vine," that should be razed to the gTound or obliterated with herbicide. Frequently, students of UB Law comment to members of this paper, expressing perceptions, observations, and complaints. When cajoled to write a letter relating any of their thoughts and feelings, however, most students decline. Often, they cite time constraints. More frequently, however, they cite a fear ofretribution. This editorial is not about a law student frustrated at how few of her fellow students take the time to submit to their school publication. We have plenty of copy. This editorial is about how horrifying it is to see law students—or anyone—afraid to commit publicly to their thoughts and observations. The problem runs more deeply than a few lL's too scared to put their name on a letter complaining about their lack of grades. Actual, viable ideas-thoughts entrenched in the minds and morals of your fellow students—are being repressed for want of a receptive environment. Philosophical propositions, ethical constructs, political theories...all are held back for fear of not getting a job, losing a networking opportunity, or offending a professor. Certainly, fear of criticism of the idea itselfis not what holds these ideas in check. Any future lawyer must steel himself for criticism. Anticipation of criticism is one of the tools of the trade; any criticism, no matter how scathing, is worthwhile when ex- Continued on page 3 that are not written. This inaction is due to the current climate of Editor in Chief S.A. Cole Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Ken Grant Dan Baich Op/Ed Editor Cindy Huang Joe Huang Staff: Columnist News Reporter Kevin Hsi Columnist Randy Janis Columnist Columnist Katie McDowell Adam Perri Russ Klein Web Editor News Editor Kristin Greeley Sol Sandberg Photographer Russ Klein Ken Grant The Opinion, SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall,Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor allarticles are every Wednesday preceding publication (if it'son disk, you can push it to layout time on Thursday..no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfecl 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a memberof the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vwi. "We have a First Amendment and we know how to use it." 2 �Prior Restraint at U8... Continued from page 2 WE GOT A LETTER! pressed coherently and accountably. Rather, it is fear ofpersonal attack. The kind of attack that says "not only is your idea not worthy of respect, but neither are you." But petty revenge and blind loathing are not a part of respectable criticism. Bowing to petty revenge and blind loathing, letting them win, is not a part of the honorable exchange of ideas. The students of UB Law should refuse to contribute or be governed by such things. Much of what we study here is the product of such a refusal. Grow up, future advocates and arbiters of a democratic society. Self-censorship is the province of the intellectually retarded. Grow up, law students, scholars, thinkers and reasoners. Intellectual terrorism is the province of the inept crusader. Grow up, and embrace the power of reason that pervades the law you came here to study. Dear Editor of the Opinion... This letter is written in response to the grading procedures here at the University at Buffalo. This letter will be in a two-part series. The first deals with the timeliness of grade submission. I am a first-year student and am appalled at the irresponsibility exhibited by certain professors here at the law school. I graduated from a state university and was prepared to contend with a certain amount of"red tape." However, I was unprepared to deal with the law school's version of the "Black Hole," (i.e. where your exams and papers disappear for 8 weeks after you take them and before the professor actually begins to read them). This period of time, let's call it "Never-Never Land" (which means you will never, never see the results of your labor), is -S.A. Cole unexcusable. Exams, especially for first-year students, are the only quantifiable method for students to measure their accomplishments. Exams are the only way to evaluate if your study method was effective or if you need to modify it. Students, and lL's in particular, stress and worry about how they fared on the only evaluative criteria that the law school provides. Professors have a lot of nerve playing this sadistic game on the minds of poor, overbyKLEIN } X3'lt RUS stressed law students. Let's hypothesize for a minute... suppose an industrious to find an internship or comparable employment for attempts 1L the summer which requires the submission of a transcript (Don't tell me CDO will find one for you because my response to you will be. Yeah, right after UB wins the NCAA tournament). When a student looks at the transcript, a look of pure horror will appear on their face...following the course name on a transcript is, Viola- a blank box!! Therefore, prospective employers will assume that because it is March and you do not have a December grade that you dropped the course. They will then conclude that you were unable to handle thefull load of law school. Please be advised, this is not the impression you want to give potential employers. Additionally, you do not want to go on an interview under these circumstances (trust me on this one). You will obviously acknowledge that: Yes, it is a little ridiculous that you do not have a December grade in the middle of March. And yes, you will say that it is not your fault that the professor is lazy and that your exam fell down the "Black Hole" into "Never-Never Land." But think about it What does that say about your school, the quality of education you are receiving, and the training you are being indoctrinated to? Every profession has deadlines and it used to be my understanding that deadlines had to be followed. It was my understanding that grades needed to be submitted to records and regPaper Chase... Continued from page 13 istration on February 16th, 1998. Imagine a 1L handing in his or because in law firms attorneys are required to pay for printing and her appellate brief to his or her Research and Writing professor downloading. She advised studentswho use Westlaw to create a cite-listof cases they are interested and look up cases in the books instead of over a month late. Things that make you say hmmmm. -Daniel M. Baich, Tormented 1L downloading and printing the cases. TO REACTION LAWFIRUSTBYDENG: RADES . . ... 3 �. Election Season... Continued from page 1 up of the President, Vice-President, Treasurer, and Parliamentarian. Law students aspiring to win these positions picked up their petitions to get on the ballot last Monday, and petitions are due today. According to BrendaTorres, the current Treasurer of the SBA and candidate for President, 65 signatures or approximately 10% of the signatures of the student body are required to be submitted to get on the ballot. However, one who does not get on the ballot can still run as a write-in candidate. NEWS Pitt Named Student Representative on Dean Search Committee Contentious... i Continued from page 1 ries fall below that of most lawyers. As of this issue, a vote on the proposal has not been taken yet. Bahatti Pitt, a graduating 3L and Student Bar Association Chris Decker, a member of the student-faculty Hiring ComPresident, has been selected to be the Student Representative for mittee mentioned that the school will be hiring new Research and the Dean's Search Committee, according to a letter Ms. Pitt has Writing instructors for next year but that the committee will not be sent to the Class Directors of the Student Bar Association. In the involved in the search for the new dean. Decker suggests that lLs letter, Ms. Pitt asked the Class Directors of the SBA to survey their and 2Ls should try to get involved in the process since it could constituents to determine whether they think the new dean should take 6-12 months if the law school decides to do a full search as be a scholar, fundraiser, administrator or have the ability to comopposed to promoting someone from within the faculty. municate well with law students. She indicated that the Search Decker's main item ofbusiness, though dealt with his work Committee will meet next Wednesday, March 25 to "put together" as Editor-in-Chief of the Buffalo Human Rights Law Journal. an advertisement for the position of Dean ofUB Law School. Speaking on behalf of the journal members who were present, Decker requested a $5,000 donation from the SBA. The journal, which was previously known as the Buffalo Journal of International Law, would use the money to place an order for 2000 copies of its inaugural issue which, can then be sent out to universities, faculties, judges and practitioners around the world. Decker said Buffalo Public Interest Law Program there were two major reasons why the SBA should approve this. The first was that it would greatly increase the reputation of U.B. Buffalo Public Interest Law Program's 3rd Annual Law School when it comes to name recognition. Among other Silent Auction will be March 27th, at Birge Mansion. things, there are 58 general internationallaw journals in this counTickets are available from BPILP members (or email try, but there are only 3 law school journals that are solely dediMindy Marranca at mlms@acsu.buffalo.edu). Tickets cated to human rights - Harvard and Columbia Law Schools (for the international perspective) and New York Law School (for the are $15 for students and $18 for the public. Price domestic perspective). Given this situation, one can assume that includes open bar, food, and entertainment. having a journal associated with two Ivy League law schools will Items to be auctioned off include bar review discounts increase the value of everybody's degree at U.B. Law. The second reason is that the funding proposal will likely make the HRLJ selfand a dinner by Professor Schlegel and Lindgren. sufficient within two years. Following Decker's presentation, Nathan Van Loon, 3L Criminal Law Society representative, made a motion for giving the full $5,000 to the Human Rights Law Journal. However, Brenda Torres, the Joe Pistone, aka Donnie Brasco, will be speaking Buffalo SBA Treasurer pointed out that this won't be possible because "the on Friday, March 27th at Bpm at the Main Stage theater Continued on page!2 in the Center For the Arts. Pistone was an FBI agent posing as a jewel theif that carried out the most audacious sting operation ever of the flamboyant and deadly community of the mafia. Tickets can be purchased at by Sol Sandberg ANNOUNCEMENTS JLSA the student box office in the Student Union. Prices ares 3 and $5 for students, and $8 and $10 for non-students. The Jewish Law Students Association will be holding a meeting on March 25. The meeting will be held in room 207, at 4:3opm. All are invited to attend. All submissions due Thursday by 5:00 pm in the Opinion office (in the basment). 4 �LEGAL BRIEFS California's Proposition 187 Declared Unconstitutional Measures approved by 59% ofCalifornia's citizenry were fully overturned last week, when U.S. District Judge Mariana Pfaelzer declaredthe remaining provisions ofthe state's anti-illegal immigrant laws to be unconstitutional. The remaining parts of the legislation, which required teachers and other public employees to report illegal immigrants as they became aware ofthem, was viewed by many as a gross violation ofcivilrights. Judge Pfaelzer, skirting the issue, declared the measures unconstitutional for other reasons, citing the lack of state authority to regulate immigration, which is the province of the federal government. Independent Book Stores Sue Borders and Barnes and Noble for Anti-Trust Violations large book stores are able to pay less per unit for books purchased, and in turn, offer larger discounts to customers. Both chains also buy large amounts of real estate in areas they choose to saturate, which eventually drives out their independent competitors. As a result, smaller stores, and smaller publishing companies, are being driven out of business. Any publishing company not willing or able to cater to mass-market demands is being shut down, and the reading public is being denied those books. This suit is the culmination of mass frustration on the part of small publishers and independent book store owners. Testosterone and Trial Lawyers A psychology professor at Georgia State University has determined that male trial lawyers have higher levels of testosterone than their non-lithogenous brethren. Observing the stereotype of the aggressive lawyer and interviewing some male attorneys, James Dabbs started his study on a hunch that the "traits" of male trial lawyers—aggressiveness, relentlessness—might have more of this predominantly male hormone. The study revealed that Dabbs "hunch" was true. Having just released his results, Dabbs has announced no plans to study aggressive female attorneys. 26 independent book stores have filed suit in San Francisco, charging two nationwide book chains withmonopolistic and unfair business practices. Barnes and Noble and Borders, the company that also owns Waldenßooks, are being charged with covert, illegal dealing which the suits instigators allege are forcing independent book stores out of business. By buying in mass quantities, the ITo SBA Candidate Statements are due on Thursday, March 26th at spm in the Opinion office or box 27 (S.A. Cole). Of 2000: The Class You are cordially invited to a reception hosted by Hodgson, Russ, Andrews, Woods & Goodyear, LLP of Buffalo, New York. Date: Time: Tuesday, March 31, 1998 - 5:00 7:00 p.m. University Inn & Conference Center 2401 N. Forest Rd., Amherst Place: Please join us for cocktails and hors d'oeuvres and meet with attorneys from a variety ofpractice areas. Buffalo • • New York 5 Rochester • Toronto • West Palm Beach �THEANARCHIST FGDGDFGDSF I ROCK NO VOTE Ifyou don't vote, you can't complain... -- Unknown They said it was right and you never asked why... Dick Lucas — One of the great traditions of our democracy is the right and power to vote that we acquire when we reach the magical age of 18. So, every first Tuesday in November, an unremarkable number ofpeople head down to the local polling station or submit their absentee ballots, and select politicians to lead them in their lives. Every 4 years, we get to pick our President (with a turnout of just over 50%). Every 2 years we get to pick our representatives and sometimes Senators, and every year there are tons of local issues, candidates, etc. that need to be voted on. Trust me: There are some localities where school board races are heated contests. For something so critical as who is going to run our lives, election turnouts are generally 10w...50% or less. I have mixed feelings about voting. When I voted in my first real election, some 7 1/2 years ago, I felt good. I think a lot of my good feeling came from being able to participate in the magical democracy we have. I can't even remember who I voted for, but I studied all the candidates I could find information about at the time. As time went on, and 1 came to Fredonia State for college, I continued to vote via absentee ballot. I wasn't about to give up my chance to be a part of democracy. However, through time, I began to realize that there were very few candidates on the ballot that I could support, and that instead of voting for one particular candidate, I found myself voting against another. The great travesty is that in order to vote against one candidate, you have to indicate a preference for another. I began to write my own name in on ballots as my vote. I have not won any positions yet, but I tried. In November, 1996,1 checked off Harry Browne ~ Libertarian candidate for President, on my absentee ballot. I have not voted since. And to make matters worse, I haven't felt remotely bad about it. It's not that I'm one ofthose who simply doesn't care (I think my columns and my persona have made it clear that I do indeed care a great deal). I am also not one of those who doesn't vote to lower my chances for jury duty. Finally, no, I'm not a felon who has lost his right to vote. In his groundbreaking (though little known) essays No Treason, the Constitution ofNo Authority, Lysander Spooner addresses the issue of voting. He addresses the paradox of not wanting to vote to give legitimacy to a system one rejects, but still acting to defend yourself and your beliefs. For example, in a more modern setting (No Treason was written in 1870), how about if I live in a state that tries to pass laws restricting the rights of homosexuals? Being that I think that homosexuals should have all the rights and liberties as a straight person like myself, I find this law an affront to my beliefs and to common decency. I face the following dilemma: (A) If I vote, and the initiative is defeated, I have accomplished something great, but I have granted legitimacy to a process that potentially restricts rights like this, (B) If I vote, and the initiative succeeds, then I have given legitimacy to a process that will outright restrict rights, (C) If I don't vote, I am sitting back idly. I am permitting a government, and the people who vote, to determine the rights of human beings without raising my voice in a potentially effective manner. So regardless of whether or not you agree, I'm sure you see my point. Voting can be a no-win proposition. Still, many cling to the notion that it's better to vote and speak up rather than pay as much mind to these "small scale wars." They should focus on the bigger picture. I mean, what's more important not granting legitimacy to a system, or trying to protect the rights of the op- - pressed in society? Superficially, protecting the rights of the oppressed is at the top. However, once you step back from the stage and take a look at things through a different perspective, your view might change. What if, for example, you saw the connection between the legitimacy of the system and therestrictions it promulgates? You might then start to get a picture in your mind of throwing water at the base to put out the fire. THE WORST OF ALL POSSIBLE WORLDS Unfortunately, without even realizing it, we have had the deck stacked against us. Imagine a situation in some democratic country where there are two thoroughly dominant parties. Both parties are so thoroughly exhausted of any new ideas, and their Continued on page 7 6 �The Anarchist Continued from page 6 old ideas are so similar, that if you were to put them both on a global political spectrum, they'd occupy spots right next to one another. Now, picture a general election for President ofthis country, where the best each party has to offer inspire virtually no one, and leave the door open for a billionaire ego-maniac to buy his way into the race by advancing economic policies that would likely I Noll make him the biggest beneficiary - and people eat it up! My friends, as you know, the above scenario is the US. The last 2 presidential elections have given us Bill Clinton, George Bush, Bob Dole, and Ross Perot. I could never support any of these individuals in any contest. In fact, I have an extraordinarily tough time deciding which one I like the least. So, picture it now — Election day 2000 roles around, and I am faced with the following choices: Al Gore, Democratic candidate for President (the way things are going, perhaps even add incumbent President to that title), and **, Republican candidate for President. Add to the mix H. Ross Perot, United We Stand candidate for President (our big "third party choice"). Even Candide's philosopher friend Pangloss could not rationalize this scenario as being the 'best of all possible worlds.' Is this what our 'great country' is giving us? This isn't a choice, this is a bunch of politicians who nobody would miss were they to drop off the face of the earth. WHAT TO DO? So we are faced with a dilemma. What to do, next election? Ideally, I would say "don't vote if there is no one on the ballot that you can truly support." I won't ask for miracles though. I would make, however, another suggestion: If you must vote, consider third party and write-in candidates. On the topic ofrevolution, Lysander Spooner said "The right of revolution, which tyrants, in mockery, accord to mankind, is no legal right under government; it is only a natural right to overturn a government. The government itself never acknowledges this right. And the right is practically established only when and because the government no longer exists to call it in question" (From the essay Trial By Jury, by Lysander Spooner, 1852). Some will say that by going against the system of democracy in America, I am advocating a form ofrevolution. I suggest that it is the other way around: By advocating the status quo, people are advocating a revolution of apathy and monumental disintegration of our society into the political equivalent of Jello. A slow apathetic destruction of a society may not be as glamorous as a military conquest, but it will provide the same destiny in the long run a tyrannical government to micro-manage our lives. Not voting does not, however, mean that you don't remain active for your causes. Its just a way of standing up and saying "I won't support this garbage on the ballot this year." It is a way of not granting legitimacy to a policy, paradigm, or politician. Stand up and act now, or 20 years from now our children will be talking about the good 'ol days, when we used to have really good choices for president in 1996... Democracy is dead. Republicanism is dead. We must go back to managing our own lives — and the best way to start is by not giving tacit approval to tyrannical politicians and no-choice elections. <http:// wings.buffalo.edu/law/opinion> Hfecff/ — Hjff _H_ robotic multiplication foj 7 - :r( CD,ires I iS, ltK £ > I �IMAGES IN MALE Mild-mannered law studentAdam Perri, usually genial and that require the efforts of disposition, receives periodic visits from his split personality. This split personality, sometimes claiming to be an alter ego, calls himselfalternatively Awakum (Russian for Habakkuk), or Alcestis (although Perri suspects he means to call himself Alceste, after the character in Moliere, rather than Alcestis, the mythological figure immortalized in antique drama). This split personality is unyielding and emphatic, and when he warms to his subject, he can be provoking. He often leaves behind him a mess that is difficult to calm. He visited again this week. Perri's Lenten observances prevented him from washing this split personality back to the nether reaches of spiritus mundi on a tide of vodka, whiskey, and beer. So, taking a cue from Siniavskii and Tertz 1, Esenin and his chernii chelovek, 2 or Goliadkin 7, and his double, Perri offers the musings of his alter ego in these Images in Male. sunny Inaffia I'ugola! Trinca, tracanna! Prima che svampino Canto c bicchier!4 -OTELLO, Act I. The current tendency in American culture to vilify drinking is self-righteous and perverse. The president's proposal to bribe states to reduce the blood alcohol content levels necessary for conviction of DWI is political pandering of the worst sort. [It is easy for a man with a full time driver to preach the evils of drinking and driving. Such a man can drink as much as he likes and never worry about getting home.] The dangers of drinking and driving have their origin in the necessity of driving, and not in the pleasure of drinking. By allowing people to drink legally at an early age, and preventing them from driving until they reach maturity, society can forestall, if not eliminate, most of the problems associated with drinking and driving. I. Drinking The contention, expressed querulously and shrewingly by ossified hippies and sanctimonious public health officials, that alcohol is a drug morally indistinguishable from illegal drugs, is a pernicious lie. Since Noah landed his ark and planted vineyards, drink has been a manly joy. The consumption of alcohol is a celebration of human creativity, since alcohol does not occur naturally, but is produced only by human effort and ingenuity. (As the Catholic ritual proclaims so movingly, wine is the work of human hands). Unlike the use of drugs, which requires no more intellect than the amount needed for a Stone Age savage to pluck a leaf off of a plant, the production, use, and enjoyment of alcohol all bespeak a vigorous and cerebral people well past the hunter-gatherer stage. Producing alcohol requires enough brain to understand the distillation process, and the requirements of large-volume brewing or distillation lead easily to an economy sufficiently advanced to supply specialized workers and goods in the needed volumes. [Engels identifies labor and the performance of tasks of many laborers as the motive force impelling the transformation of ape to human]. Drug takers, whether opium eaters, crack heads, or smokers of hash in Amsterdam's street cafes, all undergo an individual experiences, even when other drug takers are physically nearby. The drug experience is not a shared one, and one of the features of the drug-taking subculture is the sharing of stories about the attractions of these individual experiences or trips, even between people who took drugs at the same time in the same place. (Perhaps the individual nature of the drug experience explains its disproportionate popularity with the most solipsistic members ofeach increasingly solipsistic generation). By contrast, excessive drinking, when undertaken in the company of other men is a collective experience. (The collective experience of drinking is most readily perceived when the group of drinkers are all of the same sex. In a mixed group, the tenor of the experience ripens from bacchic to priapic). It is a shared experience with the other drinkers. A group of drinkers possesses synergies that groups of drug takers (or non-drinkers) cannot feel. Bacchic worship relied upon these synergies for its collective dynamic. The worship of the bull,5 the dance ofthe maenad, the lips stained purple, are hallmarks of the drink, with its capacity to dissolve the individual personality into a collective identity, however temporarily. 6 This is an obvious point, demonstrated conclusively by Fred Nietzsche, and there is no need to belabor the idea here. Anyone who doubts the collective nature of the Dionysian celebrations should consult THE BIRTH OF TRAGEDY. Drink is sublime. It is the fuel of celebration, the tonic for sorrow, and it gives texture and poignancy to grief and mourning. It will outlast all attempts to eradicate it, and should do so. To attack drink is to attack the enormous irrational dimension to human nature. 11. Drinking and Driving Most of the current shrewing about drinking results from the dangers of drinking and driving. Driving while drunk is inexcusable. So is the drunken performance of any task that requires clarity of thought. Equally inexcusable is the social organization that renders driving inevitable and unavoidable. Lost upon modern man is the perversity ofresidential neighborhoods without sidewalks, homes where the primary entrance is the garage door, and taverns in strip malls accessible only by car. Since our society has rendered the automobile indispensable to living our lives, it is unsurprising that we should then appear behind the wheel at all times and in all conditions. Those who wish to diminish the instance of drinking and driving should attack the root of the problem: our dependence upon automobiles. [Diminishing our reliance on automobiles does not have to manifest itself in the hippie-dippy ways one usually associates with such an effort. Concerned citizens can pressure local elected officials to enact zoning changes that would 1/prohibit operation of dramshops on streets that don't have sidewalks; 2/ allow the operation of dramshops in locations closer to high concentrations of population; 3/ require that new Continued on page 9 8 �Images In Male.... Continued from page 8 development projects, be they residential or commercial, include the faying ofsfdewai'As.f 111. Drinking without Driving. The easiest solution to the problem of drinking and driving is to lower the drinking age and raise the driving age. A boy should be able to drink when he reaches puberty. Since that is fairly subjective a standard, any age between 12 and 14 will do. Meanwhile, the driving age should rise to the time when a young adult is economically viable. For educated humanists and social scientists, that is about age 30, but anytime between 20 and 22 is acceptable. (The state can provide exceptions for young adults who must work to contribute to family income, in the same way that there are currently exceptions for farm children to drive tractors and other farm equipment before age 16 in the performance of labor that contributes to the family income). The combination of lower drinking age and higher driving age will result in the following happy consequences: a) it will eliminate teen drunk driving, since teens won't be driving. Access to cars and licenses is much easier to control than access to alcohol; b) it will accustom young adults to drinking in an environment and social milieu that does not include driving. It will also make them comfortable with the habit of arranging alternative methods of transportation to and from drinking parties or establishments; c) it will render young adults experienced drinkers by the time they are ready to leave home or sit behind the wheel of a car. As such, they will have experienced the effects of alcohol and learned their limitations. Moreover, they will have finished their vomiting and misbehaving under the watchful and benevolent eye of a parent or guardian, rather than an unsympathetic bouncer, publican or other type of antagonistic gagootz.7 d) it will improve the bargaining position of parents in family disputes. Because many fathers are afraid to whip their sons when discipline is required, many young boys run riot. By making the children rely upon their parents for transportation, the advantage should shift back to the parents (even those that eschew the knout, either from conviction or intimidation by meddlesome social workers). There is no social good that derives from goateed boys, stinking ofDrakkar Noir and looking like they got lost on the way to an audition for a Mountain Dew (TM) commercial, driving their cars to high school. From the standpoint of drinking and driving, the danger of contemporary youth culture stems from the fact that young adults start drinking at about the time they start driving. Let them drink earlier to gain the experience of abusing alcohol in a fairly harmless setting. Otherwise, they will abuse alcohol in a dangerous setting, i.e. among strangers on a distant college campus, or in an atmosphere where driving drunk prevails. Let them drive only later, when they are experienced as drinkers and as adults. 4 The liner notes of the RCA version with James Levine conducting the National Philharmonic Orchestra offers the following translation: Come wet your whistle! iTrihi/ tiara] ahnif aeep:' Before song and glass Are swept away. 5 In moments of severe intoxication, the author oilmages in Male has seen the bull mentioned in Euripides' BACCHAE. The same bull is said to figure prominently into the Eleusinian mysteries. While it is chagrining to acknowledge being that gassed, it is thrilling to witness in your mind's eye the contours of an archetype from the collective unconscious. 6 Temporary and voluntary collectivity through revelry is a much nobler and more achievable goal than sham collectivity through thought control, political coer- cion, or the other intellectual fads of the callow and idle class of political agitators. 7 Gagootz/gag-gootzV n. 1. A Mediterranean squash; 2. A manual tradesman from any ofthe cities of Upstate New York, oftensporting spaghetti stains on his tank-top, and an advanced case ofPlumber's Ass. Not a pejorative term. TO THOSE READERS INCLINED TO SMIRK AT THE MANUAL TRADESMAN, AN ADMONITIONTO MOCK HIM NOT: Mock not the manual tradesman, because he is a thoroughly decent being. Thomas Gray described his virtues at length in the Elegy Written in a Country Churchyard. The author of Images in Male is proud to come from a long line of manual tradesmen and peasant farmers. Furthermore, one would do well not to underestimate the talents of the manual tradesman. Enthusiasts of the genre have informed the author oilmages in Male that the adult movies of the 1970s showcase the substantial fortitude of the manual tradesman. Such movies are rumored to provide many examples of mechanics, delivery men, and pool cleaners outwitting their social betters to usurp the prerogatives of their employers. The author of Images in Male cannot verify these rumors, and is not competent to generalize about movies of that genre, but his substantial experience with manual tradesmen in various capacities inclines him to believe that if the rumors are true, they provide an accurate depiction of the manual tradesman and his abilities. »y««« met* 1 Soviet writerAndrei Siniavskii wrote provocative articles under the name of AbramTertz, and tried throughout his formidable literary career to keep the personality of Tertz separate from the personality of Siniavskii. 2 Soviet poet Sergei Esenin wrote a poem called Chernii chelovek, in which his alter-ego comes to ridicule him one night when he is drunk. (Among the things that this alter-ego ridicules is Esenin's romance with aging (and fattening) American avant-garde dancer Isadore Duncan). Esenin tries to beat the alter-ego. In the morning when he wakes up sober, he finds himselfalone with a broken mirror. J Goliadkin is the hero of the short novel of Dostocvskii, THE DOUBLE. 9 SPORHETLIN"A: SURPRISE!" j-tj-^g �IN THE NEWS A few years ago, Gloria Steinem wrote Revolution From Within, a book about Self-Esteem. In this book, she discussed how such daily affirmations as meditation, aromatherapy, and nurturing your inner child can result in inner peace for the individual, who would then bring that peace to the rest of the world. Theoretically, this would make the world a nice place where bombs and bullies would be replaced by flowers and folk singers. But, hey, different strokes for different folks. While Gloria is out there burning Victoria's Secret candles and stroking her inner..whatever she wants to call it, I read the news. This is because, contrary to those who need to feel at peace with the world to love themselves, I like to take a look at how everybody on the planet, except for me, is completely insane. This, while it might not be true, is the sort of thing that makes me feel good. To illustate how it is done, we will look at last week's New York Times. On Monday, those of us who do not watch 60 Minutes were mildly sickened to find out that another victim of the Marquis de Clintone has come forward with her story. By Wednesday, it was revealed that Christine E. Wiley was searching the publishing world for the proper publisher for her not-yet-written, tell-all book. This is the kind of idiocy I was referring to. Now, leaving for a moment the questionable veracity of her tale (although aside most americans are pretty sure that Bill knows she has a tail), look at the facts. As her story currently stands, Ms. Wiley has accused our President of one rough groping session and a smooch or two. I mean, the incident only lasted a few minutes. So, what the hell else is she going to put in her book? Unless Kathleen Wiley writes like Ambrose Bierce, there is no way she can turn ten minutes of slap and tickle into a novel. Perhaps she should look into writing a slim volume of haiku poetry. The president's hands Move like polls in September Should have votedDole Moving 0n... last Tuesday was St. Patrick'sDay. InNewYork City, hundreds thousands of drunken idiots paraded through the streets while listening to bagpipes, brawling, and saying things like "blarney" and "shamrock." The Times had a big picture ofthe festivities on Fifth Avenue. No doubt, celebrations of ethnicity like St. Patrick's day have helped the Irish, former victims of segregation and ethnic vilification, to be accepted and celebrated members of the American community. Somehow, the Irish got past the "No Irish Need Apply" signs is turn-of-the-century Boston, to convincing the vast majority ofthe American people that having a quick temper and being a drunk are cool things to do (as if the Irish have some sort of ethnic lock on personality disorders and alchoholism). This mass ritual of stereotypically Irish behavior set me to wondering. Perhaps every disenfranchised minority should be awarded a national holiday to flaunt the hurtful generalizations imposed upon them by the dominant paradigm. It seems empowering; I can see it now. Picture: hundreds of thousands of people marching in New York City to rap music, smoking crack, and participating in light-hearted drive-bys on St. African-American's Day. Or a mass celebration of city-dwellers listening to tom-toms, saying "how," and engaging in ceremonial scalpings on St Redskins Day (I hear they already do that in Altlanta). And my personal favorite: once a year, everyone nationwide refuses to work, purposefully get pregnant, and collects WIC on St. Welfare Queen's Day. It's interesting to see what's considered racism in this country, and what is acceptable social ritual. Last week's Times also included a copy ofthe Vatican's formal apology for the Catholic Church's role in the Holocaust—or Shoah, as they phrased it. In an act of "repentence," the Church "repudiated] every persecution against a people or human group anywhere, at any time." There followed a list of such inhumane acts: the massacre of the Armenians in the early 20th century, pogroms against the gypsies, "and similar tragedies that happened in American, Africa, and the Balkans." You know. Tragedies. Like witch-burnings, inquisitions, and crusades. What doesthis mean? I guess you only have to apologize if the people whose gold you're holding come back to claim it. According to the Times, the apology has met with a varied reaction from Jewish leaders around the world. A rabbi from the Anit-Defamation League was quoted as finding the document "disappointing in certain respects," while others acknowledge that the apology is a sign of great progress. Personally, I think the actions of the current Pope, to factilitate peacable Catholic-Jewish relations, speaks volumes more than any apology ever could. Especially this apology, which expresses a collective sense of guilt for "inaction" on the part of the Church, but outright denies the influence of historically anti-Judaic religious policies in the development of the Nazi's anti-Semetic politics. This would be like Bill Clinton apologizing for slavery but denying that the text of the Constitution had anything to do with the slave trade. Ignore that clause in Article 1, and don't worry about that 3/sths of a person over there.... Gosh. Did I say this sort of thing cheers me up? It's time to join the rest of the country and start reading People. by S.A. Cole Want to advertise your club happenings, tell the world your opinion, or rage against the way the school is run? All submissions should be given to us by spm on thursdays, either in the Opinion office or box 27 or 95 (you get a choice!). 10 �The following is a series of messages regarding the new listserves created by Ross Howarth, Nancy Santarelli, and Andrew Fanizzi. They are reprinted here for the bennefit of anyone who might have accidently been excluded from the listserves. For those law student's who didn'tread the original listserves announcement, either because they haven't checked their school acsu.buffalo.edu e-mail in the past week or because they were one of the few students who weren't added to the new listserves because their address wasn't ascertained, here is a revised reprint of the announcement message: "Dear Classmate, Hello, and welcome back from Spring Break! My name is Ross Howarth. For those of you who do not know me, I am currently a second year law student at U.B. I am writing to you to announce some new e-mail services and to let you know about existing e-mail related resources you may be overlooking. Nancy Santarelli (2nd year), Andrew Fanizzi (2nd year), and I have compiled lists of the e-mail addresses oflaw students in the classes of 1998,1999, and 2000. We obtained the e-mail addresses by comparing the 3rd floor mailbox lists, previously compiled lists, class e-mail lists, West's Student Directory, and the Buffalo Law Review's e-mail list. Ultimately, we combined these resources into a master list and then created "listserves" for each class. A listserve is an e-mail service which allows a large selected group of people to receive information via e-mail, without listing each individual person in the e-mail (no endless scrolling through names and e-mail addresses to get to the actual message). get this message tell them to send me an e-mail at howarth@acsu.buffalo.edu stating:,their year, name and e-mail address(es). Also, if you would rather have this e-mail sent to ,a different or an additional e-mail address(es) (your personal address(es) only), then either, c -mail or personally give Audrey the address(es). She will need to verify that you are a student, so provide her with your student ID#and your class year. It is recommended that ,EVERYONE eventually provide an additional "lifetime" e-mail address because your UB e-,mail address will be canceled when you graduate and these lists will still be used to contact you. If you have been placed on the wrong list or need to be on two lists because you are in a four year program, let CDO know. �a************************************************** SOME E-MAIL ADDRESS OPTIONS: "LIFETIME EMAIL ADDRESS": A "LIFETIME E-MAIL ADDRESS" can be obtained for free on the web. For example, at the "Yahoo" web browser site on the world wide web, you can sign up for a lifetime e-mail address that will do nothing but "FORWARD" your mail to another e-mail address that you specify. This allows you to have CDO, employers, family and friends send e-mail to an address that will not change when you graduate. You can have your email "forwarded" to your school account, AOL account, JUNO etc. Then later, using a password obtained when you sign up, you ********************************************************* can change the "forwarding" e-mail address, e.g. work or home eOBS: lawjobs-class[l99B/1999/2000]-list@listserv.buffalo.edu. I mail address. Note: I don't know if attached files will be forhave been informally working with Audrey, at the Career Development Office ("CDO"), and she has agreed to use the "lawjobs warded from these addresses, so you may want to tell anyone who listserves" to announce NEW JOB LISTINGS VIA E-MAIL, AS wants to send you a "file" to sendit directly to your school acsu or THE JOB LISTINGS COME IN). The good news is that you, the your AOL etc. account(s). But, for purposes of a listserve, and student, theoretically should only receive information about jobs most other e-mail, these "forwarding" e-mail addresses are useful. FORWARDING FROM YOUR SCHOOL ACCOUNT: & judicial clerkships that are relevant to your class (e.g. jobslisted Many students don't like using their school acsu account, as being for Ist and 2nd years, will only be sent to the classes of either because they hate signing on to the school's system, can't a Currently, 2000 and 1999). someone looking for job should be on CDO sign (busy!), don't like the software etc. For these students, to the office on the 6th floor to up going everyday check the one option is to have your school account "forward" all e-mail books for new jobs. Now, that same student can be notified via email that a new job is in and learn enough about it to determine if sent to it to another account(s), e.g. AOL, JUNO or work etc. This he/she is interested. This will not replace the old system or the can be dome by creating a "forward file" in your school account news letters from CDO. It is just meant to be used as an additional (CIT help desk can show you how to do this). Two warnings: (1) tool to give advance notice of new job listings, so we students can this type of forwarding will end when your school account ends move on them while they are hot. Also, the listserves would allow (graduation), so you won't get mail sent from CDO about jobs etc. students to learn about job listings, major CDO announcements after you leave and (2) because your mail is forwarded, you can etc. that come out during a school break and during the summer. I not check it on your school account and if you change your "foram sensitive to concerns about receiving constant junk e-mail. warding" address, you need to change your school "forward file." Audrey and I have agreed that these listserves will be used only Forwarding your school account may be useful, however, if used for relevant job and job related information. Further, onlyAudrey in conjunction with a "Lifetime" e-mail account (see above) (forwill have access to send e-mail to these listserves. Lastly, you ward your school account to your "Lifetime account" so you don't may sign off this list at any time, simply by sending an e-mail have to use the school's e-mail system). THIRD PARTY message (described below). Before signing off, however, please SOFTWARE:Here is another option for students who don't like realize that even if you currently have a job or aren't looking for using their acsu account. Third party e-mail and browser softone, these listserves may still be worth staying on. These same ware can be used to allow you to get your mail from school, and listserves will continue to be used in the future, including AFTER other accounts, via the world wide web. You can either use your you graduate. Also, once you un-subscribe, only Audrey can put school account via ppp (still have to sign on through school) or you back on (this was done so that only UB students would have any other c is a "EVENT ANNOUNCEMENT," "PARTY ANthe advantage of the listings). NOTE: I did not find the e-mail NOUNCEMENT," or "ONLINE OPINION;" addresses of every student, so if you know someone who ,didn't 11 �Contentious SBA Continued from page 4 problem is that SBA doesn't have $5,000 to give." According to Torres, the SBA has no more than $4,000 available after the phone bills for the various SBA organizations are paid off. The problem is that the phone lines were under-budgeted for the 1997-98 school year and consequently, the phone bills have greatly exceededeverybody's expectations by thousands of dollars. According to SBAExecutive Vice President Joe Reynolds, the SBA covers the phone bills for the 45 different SBA organizations. Decker says that the HRLJ needs the money now because the first issue is supposed to be completed and sent out around ay 1. The journal wish to buy copies from its publisher by the block since it's cheaper that way. This is because it will cost $8,000 for 1,000 copies vs. $10,000 for 2,000 copies. The HRLJ's goal is to sell 200 subscriptions. Decker is confident that the journal could do this because the journal was already getting 140 subscriptions as a general international law journal. Furthermore, each subscription costs $40 of which a fifth goes back to the journal. The journal plans to raise the remaining $5,000 needed for publishing from fundraising, Sub-Board and the HRLJ's own budget. However, Decker stressed that given the nature of academic journals in general, the HRLJ does not want to sell advertising in their issues if they can help it since the presence of ads often negatively affect many readers' perception of the journal. Van Loon pointed out to the SBA that the journal first approached the SBA at the beginning of the year for the request and has been waiting since, "The Human Rights Law Journal proposal has been sitting on the back-burner since January 15... it is a worthwhile cause and it's only a one-shot deal. They've been doing the right thing all along and I want to make sure they don't get the short end of the stick." Several members of the SBA E-Board expressed worry that the money given to the HRLJ now will not be enough and the HRLJ might return next year for more money. Decker responded to this criticism by pointing out that the HRLJ have been waiting to hear from the SBA since the funding request was submitted in January. Torres offered a compromise to divide up the journal's proposal into two separate payments. $2,500 under the current budget with the remaining half coming from next year's budget. Van Loon agreed with the suggestion and mentioned that next year's (98-99) SBA budget will be available beginning August and that perhaps Decker can negotiate with the publisher to see whether or not they can accept the second half of the $5,000 payment at that time. Decker said that he will try and do so. Tonya Guzman, the SBA Secretary, said that her main concern "is that there's no way to guarantee that next year's SBA will approve the additional $2,500." The meeting turned more contentious when Frank Jacobson, a 3Lrepresentative and an editor ofthe Buffalo Criminal Law Journal criticized the funding proposal even though he missed Decker's presentation. Jacobson voiced doubts that the HRLJ could sufficiently raise funds on its own to cover future expenses. A debate then ensued between Jacobson and Decker over the issue of budgeting and journal operations in general. However, Jacobson main criticism was targeted at the SBA's spending habits. "We're setting a dangerous precedent here," Jacobson cautioned, "we came in this year with a $20,000 surplus and we've blown it all away. Just last month we gave away $7,000... it's like we're giving the money away." Torres responded that "the SBA did have a $20,000 surplus but last year's SBA overestimated in certain areas and we didn't bring in as much money as we thought we would." Torres also pointed out that the SBA did have many late bills which it still has to pay. Another problem is that many SBA groups, including The Opinion, failed to do much fundraising this year even though they are expected to do so. Torres also warned the SBA that because of declining student enrollment at U.B. Law School, student organizations are not going to have as much money over the years because less money will be generated from the mandatory activities fee. Following this discussion, Guzman took up Torres' earlier suggestion and made a motion to amend for $2500 guaranteed for this year with the understanding that next year's SBA will try to approve the remaining $2,500 as quickly as possible. Van Loon agreed to the amended motion. Jacobson then made a motion to table the amended motion for two weeks. A vote was taken and Jacobson's motion was narrowly rejected by a vote of 5 for, 6 against and 2 abstentions. A vote on Van Loon's amended motion for $2,500 was approved by a vote of 9 for, 4 against and 1 abstention. The remaining $2,500 will be decided by next year's SBA sometime next semester. The meeting ended with a reminder that budget proposals to the SBA are due on March 16 in the SBA office. As of this issue, several SBA groups appeared to have missed that deadline. The budget hearings will be held on the week of March 24. Theannual budget meeting for the SBA groups will be held on April 21. The next SBA meeting will be on Tuesday, March 21 in O'Brian 210 at 5:30 PM. All are welcome to attend. FINAL SURVEY SAYS! We received some more surveys (sorry folks, that was your last chance to hand them in, but we still invite you all to comment on any aspect of the law school, good or bad). The final couple of surveys gave mixed reviews on various aspects of the law school. While one was very critical of the CDO, the other survey praised them, even awarding them the grade of H. The Student Bar Association continued to receive poor marks, receiving a Q- and a D, with one student wondering what have they done. Overall, results for the entire survey batch were rather mixed on most areas, such as the deans. Most responses praised the library, and gave the faculty passing grades. While most of the surveys were critical of the CDO, there were also some praise. The Opinion thanks those who have participated. 12 �A Clerical Error by Sol Sandberg When Kathryn Smith, a 31L, handed in her take- home final exam paper for the Federal Sentencing Issues Bridge Course, she was confident she did a good job.The exam, which had been handed out on the last day of classes and was due one week later, was comprised of 2 questions with fact patterns similar to the ones found on many law school exams. Ms. Smith said," I thought I did a fairly comprehensive and well written exam and I expected, at least, to get a "Q". I worked hard on the exam-ten to twelve hour writing it- and studied for it ahead of time. I did the class work." Thus, when Ms. Smith called on Bird to check her grade for the bridge course, she was shocked to discover that she received a "D" for the course. She began to worry about the impact of her "D" grade on her future plans to the point that she started to have problems sleeping. Kathryn explained, " I would have liked to get an LLM someday or try to work for the Federal Government and all of these plans would require me to send out a transcript." Friends with whom she discussed the "D" grade speculated that the grade might have been a mistake but Ms. Smith assumed that the grade she received was correct. But to clarify what she did wrong, she called the Professor to set up an appointment to go over the exam. She informed the Professor that she received a "D" in his class and that she was worried. According to Ms. Smith, the Professor said he didn't know who got the "D" but it was not a very good exam. Five days later, Ms. Smith went to the Dowtown office of the Professor armed with a copy ofthe exam she wrote. When she showed the Professor the exam, the Professor looked it over and said this is not the exam I gave a "D" to and he asked her if this was the exam she handed in. She said that it was and the Professor then indicated that the grade she received seemed like a mistake and he would figure out how to get it fixed. He then apologized. A few days later, Ms. Smith went to the A&R office to make sure that they knew about there was an error in the grading of her exam. She was told that they had been in contact with the Professor and they were aware of the problem. Based on what she was told by A&R, Ms. Smith thinks the mistake occurred because the exam she wrote was stapled to the question sheet instead of to the bluebook which contained her rough notes. The Professor, it seems, only graded the rough notes. The exam, Ms. Smith wrote was later found by the A&R staff. According to Karen Waltz, Assistant Dean for Student Services and Registar, when mistakes like like this happen, they are deemed clerical error and the Registrar has the power to change the mistaken grade to the correct one. Ms. Smith later learned that her grade was changed to Q plus. Ms. Smith is relieved but she cautions students with the following," Students should check gradesmeaning they should look at the exam. I don't mean this as a criticism of A&R, but this is an incredibly complicated process and mistakes happen. Students should be diligent about checking exams. Paper Chase... Continued from page 1 sible for their finances. He explained that the deans are looking fo ways to cut costs in computer printing and ideas are being floated around to install meters in labs, require swipe cards, or even force students to purchase their own printers. Many students have indicated that they should not have to pay for computer paper voicing sentiments similar to that of Fidel Gomez a 21, who said," I don't understand why, if we pay tuition just like the undergraduates, we can't get the same treatmen, especially in light of thefact we pay two times the tuition." Some computer lab assistants feel uncomfortable enforcing the ten cents per printout rule. One said to me on the condition of anonymity that payment was based ob the honor system and he would not feel comfortable checking student'sbags for printouts or asking them ifthey paid foruse of the printer. Another said simply, If I can't enforce it across the board, I won't make them pay." According to Dean Cook, debit cards used to pay for printing in the lab are still available from Gloria Paveljack. However, she said very few cards are purchased. Dean Cook also indicated that computer lab assistants may not be adequately supervised due to budget constraints.She also explained that as Work-Study is a federal program, the Work-Study Students who are employed and paid by the federal government and not the Law School. As such, the Law School is grateful to have Work-Study students supervise the lab but it has little bargaining power with them to enforce its will since Work-Study students can always move to another position if they find working in the computer lab unsatisfactory. BrendaTorres, a 21, who works in the labestimated that about 60% oflab assistants are Work-Study while 40% are employed by the Law School. A consequence of the shortage of paper is that some students may be increasingly using theLexisNexis Printer for printing. According to Lexis representative, Jim LaPiana, a 21, in the past few weeks use of the Lexis -Nexis printer has jumped to three times as much as was used previouslyfrom approximately 8 boxes of paper in two weeks to 24 boxes. Mr. LaPiana believes thatthis increase in use can be attributed to students printing their general workandWestlaw using theLexis printer because thereis no paper generally available, saying that eight out of ten times he has checked in a ten day period, he has found Westlaw material printed on Lexis paper using theLexis printer despite the presence of a sign indicated that theLexis printer is for Lexis printing only. In response to what he perceives as a growingproblem, on this past Wednesday he wrote on a sample of Westlaw material printed on Lexis paper the following note, "This print is a violation of SUNY Rules and Regulations (i.e. theft). Continued use may result in a complaint filed against him with JudicialAffairs." Mr. LaPiana explained to me in an interview that the policy of reporting students who use the printer for printing other than Lexis has not been officially approved by his boss at Lexis and he hopes such measures will be unnecessary, but he said, Lexis is looking at a number of options in dealing with the problem including even removing the printer. He also said thatLexis is considering placing a " stand alone" printer in the lab instead of the currently used attached printer. Unlike theattached printer, thestand alone printer would be available solely toLexis users and could be used to send documents to print from home. Currently, there is a stand alone printer in the lab but it is available only to faculty and students on journals but not to the general law student population. With the beefing up of enforcement of Lexis's printing policy and the increasing likelhood of the printer's unavailability for Westlaw printing, some students who use Westlaw have complained about the absence of a Westlaw printer for general use in the laboratory. Amy Swistock, the Westlaw representative explained that theWestlaw policy at UB is for students to print materials on the regular printer and pay the necessary costs. She pointed out that Westlaw does not provide printers to law firms and thatproviding printing free of charge wouldencourage waste and badhabits Continued on page 7 13 �These are the People in Your Neighborhood ... Doin' that CompuThang in the cozy confines of ÜB's own museum of retro-technology, the so-called "UB Law Computer Lab." ... the People that You Meet Each Day Catching some Z's in the law school library Translation of our latin motto: "The best newspaper money can't buy." 14 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-03-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 38 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/23/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ce0315b2db35e91f590305ac2ee2aad9.pdf 4324ed980e473191ff53e4bde67aeacc PDF Text Text OPINION Vol. 38, No. 13 Kennedy "Vi veri veniversum vivus vici. " at UB Law 3.30.98 by Kevin Hsi On March 24, international human rights lawyer Kerry Kennedy Cuomo spoke at U.B. Law School before an audience of over 40 students and faculty. Despite her association with two famous political families (she is the daughter of the late Robert F. Kennedy and the wife of Andrew Cuomo, the U.S. Secretary of Housing and Urban Development and the son of Mario Cuomo), Kennedy Cuomo has established a name for herself by becoming an internationally known advocate for human rights for over a decade. She is the founder and former executive director of the Robert F. Kennedy Memorial Center for Human Rights in Boston. Cuomo's appearance at Buffalo was due in part to U.B. law professor Makau Mutua. Mutua is an international law professor, a human rights activist and the faculty advisor for U.B. Law's Human Rights Law Journal. Kennedy Cuomo is a member Continued on page 4 Don't Rock Kerry Kennedy Cuomo and Makau Matua the Boat Fasken Team Wins Competition by Sol Sandberg According to Professor Frank Munger, if there is a general idea among the faculty on who the new dean should be, it is that the new dean should not be someone who will "rock the boat". Professor Munger is a member of three person "Committee on Committees," elected by the entire faculty, which recently nominated the faculty members on the Dean Search Committee. The newly appointed faculty members are James Atleson, Dianne Avery, Makau Mutua, Sue Mangold, and George Kannar. They are joined from the legal community by the Hon. Barbara Howe who is Search Committee's Chairwoman, James Magavern, Esq., Hillary Bradford, Esq., and the on 1 y by Sol Sandberg UB Law's Fasken team has won first place in the Fasken Campbell Godfrey Competition. Leigh Gould, a IL, won Best Oralist. The Fasken Competition is the only Jessup Moot Court competition open to first year students. It is sponsored annually by the law firm of Fasken, Campbell, and Godfrey. The competition was Continued on page 6 Inside this issue of the Opinion ... The SBA Election '98: Special Opinion Insert Sex Sells and We Pay the Price II American League Preview. 14 news, cartoons, poetry, and other delights ... ... Continued on page 6 1 �Short Editorial LCAWOET ETTER! .. DEAR EDITOR OF THE OPINION. Welcome to this week's convoluted issue of the Opinion. In a rare convergence of events, the Opinion staff last week found themselves grappling with a Doom's Day-sized mixed bag of journalistic obligations: the SBA elections, and April Fool's Day. Now, some on the staff raised a puckish eyebrow when we realized the possibilities of an SBA/April Fool's edition. Ever the responsible law students that we pretend to be, however, we decided to strictly separate the two topics with the vigilance of an spinsterly chaperon. Hence, anyone looking for laughs in the April Fool's section is directed to the "humorous" shell surrounding this serious publication. Meanwhile, anyone looking exclusively for serious SBA candidate options and legitimate news/opinion is instructed to only peruse the actual paper contained within. We apologize for this issue of the Opinion being so gargantuan, but we assure you that our large size is not indicative of decreased quality. Meanwhile, while the Opinion does not endorse candidates or political positions, it's Editor-in-Chief does, and if you want to see more issues of the Opinion next year, then make sure you vote "yes" for the fee increase on the upcoming referendum. I'm as poor as the rest of you, but ten extra bucks ain't so I figured that Mr. Perri wasn't getting hit from enough angles this semester, so I decided to get at him from another angle. I'll leave any points that offend on the basis of their reference to gender or their insensitivity to those recovering from debilitating alcohol addiction to my able and articulate colleagues. It is not surprising to me that Mr. Perri displays pride in being a man in much the same way that he does as a drinker—with an air of superiority and arrogance that leaves little room for considering the quality of "the other" (read: woman, drug taker, or one who abstains from drinking alcohol). Unfortunately, Mr. Perri's characterizations of drug takers are just as flawed as his characterizations of women have been. My work with drug users for the past six years renders me at least somewhat qualified to point out these flaws. Editor in Chief Staff: Music Guru ... all undergo an individual experiences [sic]" "Drug takers & "[t]he drug experience is not a shared one ...." In fact, drug taking is often an intensely communal experience. It is this very reality that fueled the AIDS crisis in the injection drug using (IDU) community (and it is a community). Up until the time that it became clear that the costs of sharing syringes far outweighed the benefits of doing so, bad. IDUs routinely shared syringes to introduce heroin, cocaine, and Thank you, and enjoy this week's multifarious edition of other substances into their veins. Syringe sharing is still quite the Opinion. common where federal and state laws have prevented the utilization --S.A. Cole continued on page 2 Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang Columnist News Reporter Justin Archangel Kristin Greeley Columnist Kevin Hsi Randy Janis Katie McDowell Columnist Adam Perri Web Editor Russ Klein Ken Grant Columnist Russ Klein Sol Sandberg Photographer The Opinion, SUNY at BuffaloAmherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor allarticles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday..no later that 6:00 PM, please). Submissions should be saved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering thatthe Opinion isn't actually a sentientbeing, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VI Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �experienced users teach the novice how to use without overdosing, experiencing negative physiological reactions, or contracting of needle exchange programs. blood-borne infectious diseases. Do whiskey drinkers in a bar pass around one glass of Theproduction of many illicit drugs-from LSD to crack whiskey, each taking a shot? No, they are each doled out their to heroin-is at least as complicated as the process for distilling own shot glass, which they consume individually. Not so for the alcohol. And the sale and procurement of illegal substances in recreational marijuana smoker. "Sharing a joint" is common this country has, at least since the passage of the Harrison practice, a practice of the culture, and one not borne of necessity Narcotics Act which for the first time in 1914 criminalized opiates (one cigarette is not often shared, despite the similarity in ingestion and cocaine, been a highly cerebral activity. For each new step of the two). Passing around a marijuana cigarette is done,rather, that law enforcement takes to chip away at the privacy and liberty for the enjoyment inherent in sharing a protections in the Constitution, drug pleasurable activity with ones friends or loved ones. sellers and users have devised innovative techniques to evade law users: what is a a fun trip without traveling enforcement. Anyone who's actually read past the headnotes of And LSD partner? Many people who choose to use LSD, Ecstasy, criminal procedure cases can see that drug sellers and users are often far more informed about current constitutional caselaw than psychedelic mushrooms, and other psychoactive drugs (nonprescription) use those drugs in groups, often pairing up—both their counterparts in law for safety (physical and mental) and for optimal enjoyment. enforcement (many of whom you can find in that corner bar after Many currently scheduled drugs were once, and are still, their shirts). used in religious or spiritual ceremonies —from peyote in the No such problem for the drinker. He only needs to worry Southwest of this country among the Native American Indians to about whether he becomes so drunk during an evening out with the coca leaf in the mountains of Bolivia. They are used to the guys that he decides he really is capable of driving home. celebrate the seasons, marriage, birth, death, and life. Drinkers also risk the possibility of arrest for public intoxication, Sociological and ethnographic literature is ripe with but that crime is a sham. Most people arrested for public studies of "drug using" communities. intoxication are not arrested for the content of alcohol in their Unhealthy and unhappy drug use may be solitary, just as body at all, but rather, for making an ass or a nuisance of drinking alone is often a sign of ill-health and (some would say) themselves in public. But I suppose that may be a "abuse." But certainly the vast majority ofrecreational drug use difficult distinction to make in some cases. is enjoyed by its users as a worthwhile social activity. Those who fervently cling to the notion that somehow alcohol and tobacco and caffeine are far different, far more "Unlike the use of drugs, which requires no more intellect sublime, far more controlled thancannabis, opiates, amphetamines, than the amount needed for a and psychedelics traffic a false dichotomy that controls this Stone Age savage to pluck a leaf off of a plant ..." nation's current drug policy. A policy which each year expends millions on ineffective interdiction efforts, and takes childrenaway The proof for this? Mr. Perri offersthat the understanding from their families. A policy which marches out street officers of the distillationand brewery processes indicate a "vigorous and (many ofwhom are people ofcolor) to kill their neighbors and to cerebral people." But consuming alcohol requires none of the die fighting the drug war. And a policy which sends to prison supremely complicated understandings that Mr. Perri cites. thousands of peaceful marijuana smokers, including medical Perhaps Mr. Perri indeed possesses the cerebral capacity to marijuana users (or heroin, cocaine, or LSD users)~whose only produce the alcohol that he drinks, but most ofthe drinkers I know crime is the ingestion of a prohibited substance—while the country's need only drop by the corner bar and order their drinks, or stop in legislature, judiciary, and police forces tip their glasses in Wilson Farms on their way home from school for a six pack and celebration. drink themselves into oblivion (alone?) until the late-night infomercials flicker from the television in the darkness. Corinne A. Carey, 3L The consumption ofillicit substances, however, is more complicated; it often involves the procurement of various PS.: In contrast to the bonded, closelyknit community of drinkers paraphernalia. Additionally, consumption occurs in different steps who share warm celebrations of life, Mr. Perri characterizes those as opposed to tipping and swallowing. The process of "initiation" whotake drugs as "solipsistic" (connoting a belief in the self alone, into drug use-while often vilified- -serves a useful function; closely synonymous with "egoism"). Curious.... Continued from page 2 Translation of our Latin Motto: "But then well all go on forever! Because we're all messed up THE OPINION WANTS YOU! - Yes, thats right YOU! All submissions due by spm Thursdays, in our basement office. Give us your columns, cartoons, poetry, and even letters to the editor. Work with the most unique staff in the law school! (or leave a note in box 95 or 27 your choice) - together!" 3 �Continued from page 1 of the journal's board. In her speech, Kennedy Cuomo described Mutua as "one of my closest friends whom I look up to" and "one of the most amazing human rights activists I've known." Kennedy Cuomo's speech was called "Human-Rights Activism: Courage in the Face of Terror." The speech was based on a ledger written by Kennedy Cuomo on 50 human rights activists from around the world whom she have known through her work at the Center. Her speech profiled nine of those activists from places such as Kenya, Indonesia, Algeria, Tibet, India, Ireland, SouthAfrica and even the U.S. itself. The U.S. activist, in this instance, is Stacy Kabat, a woman from Boston who started a battered women's center. Unlike many similar organizations, Kabat takes her center a step further by actively trying to get the district attorney and the police department to actively try and arrest suspected wife batterers, rapists, and other abusers ofwomen whom both Kabat and Kennedy Cuomo view as human rights violators. Despite being, by her own admission in the speech, "married to a member of President Clinton's cabinet", Kennedy Cuomo said she does not shy away from attacking the U.S. governrment on its lack of support for human rights in certain areas. One reason for this is she "believe[s] that the United States, more than any other country in the world, have an obligation to protect human rights... [in part] because it was founded by people who were fleeing from persecution... therefore they were concerned about their human rights." Kennedy Cuomo emphasized thatit is crucial that the U.S. uphold its human rights obligation because "when we don't obey our own laws, all of our laws are jeopardized and therefore none of our principals would be safe." Among the areas of U.S. foreign policy which Kennedy Cuomo criticized was the U.S.'s failure to put pressure on China despite the country's numerous human rights violations, particularly in Tibet. She pointed out that in Tibet, she knows about an imprisoned young Buddhist nun, Funtsok Needron, who was sentenced to twelve extra years in prison simply for singing and recording a pro-Tibetan song which she made while in prison. Likewise, one of the other activists whom Kennedy Cuomo mentioned was Banbang Mugionto, a lawyer from Indonesia. Mugionto represents various indigenous tribes and tries to protect them from repression by military forces who "work on behalf of U.S.- based multinational mining corporations such as Freeport McMahon." Mugionto persists in his work despite numerous death threats by the military and warnings from the Indonesian government. Kennedy Cuomo also talked about the courage ofAlgerian human rights activist Zazi Sadou, a journalist who founded the first feminist news organization in Algeria. Sadou stands out as a symbol of courage in part because she "is a journalist in a country that have killed more journalists than any other country in the world." Algeria is currently in the midst of a brutal civil war between the government and the Armed Islamic Front (AIF) which have killed over 120,000people in the past few years. In this volatile political situation, Sasou continues to be a vocal critic of both sides and even exposed through her writing, the AIF' s hypocritical practice ofrounding up local women to be used as sex slaves despite their official Muslim fundamenta, list views. Despite her fame and courage, Kennedy Cuomo mentioned that Sasou remained very humble about her own accomplishments and even asked Kennedy 4 Cuomo not to mention her in her speeches. Instead, Sasou asked her to talk about "the women of Algeria who resist oppression on a daily basis." Such is the spirit which permeated the lives of the various activists whom Kennedy Cuomo discussed. Following Kennedy Cuomo's remarks, the audience in the room asked her a variety of questions ranging from economic sanctions, the purpose of the law, the moral standing of the U.S., and the role of corporations in adhering to humanrights. Francisco Ayala, a 1 L, asked a more direct question when he asked Kennedy Cuomo for advice on how students can get involved in working for human rights. Kennedy Cuomo responded by offering a number of steps: 1)read the newspapers to get some idea ofwhat is going on out there 2) surf the Web to find out further 3) volunteer at a local human rights organization 4) seek an internship with some human rights organization 5) work on the ratification of human rights treaties 6) taking part in human rights activities such as marches 7) talking to other people in the field and those around you who have similar interests. Kennedy Cuomo apparently left with a very favorable impression of the students of U.B. Law. During her speech, she mentioned that she was "very impressed with the fact that whenever I mention all these foreign sounding names, I see half the faces in the room nod their heads as if they know who I'm talking about... it's very comforting to see this level ofknowledge [of human rights issues] in an audience." Minority Access Dinner by Kevin Hsi On March 13,approximately 15 U.B. law students braved the freezing rain, sleet and snow to attend the First Annual Attorney Access Dinner which was held at the Buffalo Hilton.Despite the terrible weather, over 70 people were able to attend the event which brought students together with partners and associates from some of Buffalo's largest law firms. The dinner had a dual purpose as a fund raiser for Attorney Access and as a networking opportunity for students ofcolor. Thekeynote speaker ofthe evening was Leroy C. Richie, the former vice president and general counsel for Automotive Legal Affairs at Chrysler Corporation, and the current Commissioner of the American Bar Association's Commission on Opportunities for Minorities in the Profession. Richie was introduced by Mark Pearce, the president of Attorney Access and a lawyer at the Buffalo firm of Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria. Pearce noted that Attorney Access was developed in 1991, as a result ofthe recommendation of the Erie County Bar Association Task Force on Minorities in the Legal Profession. It was one of the first programs developed in New York State that was designed to increase employment opportunities in private law firms for law students of color. However, despiteAttorney Access' private firm emphasis, it works to help students of color find jobs in all kinds of legal settings. Attorney Access is one of only a handful of professionally staffed programs of its kind in the country. Its current executive director is Noemi Fernandez, an attorney and a U.B. law graduate. Pearce noted that over time, more and more private law firms haverealized the importance of diversifying their workplaces in a time when the ethnic makeup of this country is changing rapidly. As such, having attorneys of color around the workplace becomes as a practical matter, "good business." Continued on page 5 �Continued from page 4 Richie likewise emphasized Attorney Access' views in his address to the audience. A highly successful Buffalo native, Richie was the valedictorian of his graduating class at the City College of the City University of New York (CCNY) who then went to New York University Law School where he was awarded the prestigious Arthur Garfield Hays Fellowship. He then worked at a prominent Wall Street law firm before working for Chrysler where he rose through the ranks. Upon his retirement from Chrysler, he was appointed as the commissioner of the ABA's Commission on Opportunities for Minorities in the Profession where his duties includes evaluating law firms attempts to diversify their workplaces. Richie' s address concentrated on the problems that predominantly white law firms tend to face when it comesyrecruiting and retaining "qualified minority students." One problem,Richie pointed out, could be thefirm's own interpretation of what is "qualified." Richie then encouraged the firms to use non-traditional criteria in addition to academic achievement as a means of finding the "qualified" lawyers whom the firms feel they'll need. Alternating between seriousness and humor, Richie also bluntly stated his views on why many law firms have not been as successful as they wish in recruiting and just as importantly, retaining lawyers from minority groups. Among the reasons which Richie stated were perceptions of hostility on both sides, the lack of mentoring programs geared towards all entering lawyers and the overall lack of minority partners. Students and attorneys alike left the dinner agreeing with Richie that while some progresshas been made in the workplace, much remained to be done. On the other hand, one positive sign was that the reason that so many students were able to attend the dinner despite the $50 ticket price was duethe generosity of several local law firms who donated some oftheir tickets so that students could have the opportunity to network and socialize with potential employers. Top Ten Myths About UB Law 10. UB Law has a fully functional "computer lab." 9. Grades are things you get when you finish a class. 8. O'Brian Hall is named for Star Trek "warpmeister Miles O'Brian 7. The Opinion has a vast and diverse staff. 6. Circles is named after what women think in. 5. You really will work for the public interest the rest of your life 4. You could have gone to Harvard, but preferred the lower tuition here. 3. Tuition would never be raised halfway through the academic year. 2. That Moot Court room is real classy lookin'. and....finally...(isn't the suspense killing you?) 1. Professor Finley won that Supreme Court case, by S.A. Cole and R.B. Klein You might notice that this issue of the Opinion has a lighter tone at times...we intend no insult to anyone used in our various jokes I guess were just big April Fools -- here. .. ;-) REJECTED OPINION MOTTOS by Russ Klein The Opinion..Laying Down The Law The Opinion..The Long Arm of the Law All the news that fits, we print The Opinion..desperate and proud The Opinion..the best paper 13 hours of layout can buy The Opinion..Generation teXt The Opinion..full of great cartoons and loony toons The S.A. Cole and Russ Klein Opinion Maldn'ite-Happen Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Be sure to see our special SBA insert with candidate statements in the center of this issue, and be sure to enjoy "The Finger (of the Opinion)," our special April Fools edition!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 5 �Jessup...<Continued from page 1 ing the recruitment effort to attract a better, and more diverse applicant pool amid the nationwide drop in law held from March 20 to March 22 in Toronto. Eight students from UB competed. They were school applicants. He also explained that the new dean Michael Arcesi, Leigh Gould, Brian McGrath, Rajni A. will have to deal with problems with the new curricuNarasi, Sonal Rana, Richard Staropoli, Jose Truzman lum such as first year students' complaints about the and Andrew Zakrocki. James Auricchio, Colleen Farrell research and writing program. and Leslie E. Swift were the alternates. Professor Munger also said that there are two isThe eight first year students who competed were sues that the faculty are in particular concerned with. chosen on the basis of their abilities from a pool of the One is faculty salaries. In regards to that subject, he 21 students who made the Jessup Board. Approximately said we are losing on a national scale and that the school 60 first year students took part in the three rounds of needs to offer competitive salaries for quality and commitment. He also said the school should offer more faccompetitions for membership on the Jessup Board. New Jessup Board members besides the Fasken ulty research grants. team are Amod Choudhary, Kerry Diggin, Meghan As far as what the students want in a new dean, Herstek, Mary Ann Holden, Michael Leone, Ruth Bahatti Pitt, the SBA President indicated, in an interNewman, Scott Rice, Christopher B. Reich, Jeremy E. view, that she has so far found from speaking to students herself and from the reports of the Class Directors Reis and Thomas Sheehan. Cornell, Syracuse, Queens University(Canada), that the students are looking for someone outside of the University of Toronto, and Osgold Hall (Canada) and law school who has experience in administration and is a leader. But she explained that of all the Class Directhe University at Buffalo were represented at the competition. The eight student representatives from each tors who were asked to inquire into the matter, only three institution were paired off into teams of two persons directors have come forward to inform her of their constituents' opinions. She urged more class directors to each. Each team competed in two rounds. Their perforsurvey the attitudes of the students regarding what sort mance was evaluated by a panel of three judges comprised of international law scholars, experts, lawyers, of person should be the next dean. and students. According to Leanne Gramlich, the coach of the team, the purpose of theFasken competition is to give first year students a chance to develop their oral advocacy skills, think on their feet, and be comfortable with people. She said that students who competed in the Fasken competition have done well in other competitions. The 80at... Continued from page 1 Here are the annual salaries of some of our faculty*. . student on the Committee, Bahatti Pitt, the SBA President. Professor Munger, in an interview, explained that he believed the faculty feel that the school is in general on the right path and the new dean should continue the process that the Law School has already embarked upon. He referred to the new curriculum, smaller classes, and the new initiatives in fundraising in the wake of the budget cuts. He said the new dean should not be someone who will try to make over the school into a new Harvard. However, he indicated that new dean will have to confront some challenges. One challenge, he explained, is finding more money to refurbish the building, upgrade the computer lab, and provide more scholarships in light of the budget cuts. Another challenge is boost- k Avery-$85,496 Attleson-$108,749. Boyer-$136,000 Carr- $63,468 Carrel $111,796. Engel-$91,531 Konefsky- $94,035. Munger-$97,929. Mutua- $80,496 Olsen- $105,540 Schlegel-$101,416 Waltz-$48,824. * Source-Salary Roster of All Salaried Employees of the University at Buffalo on the State Payroll as of December 4,1997 6 �Administration Gets Tough on Images in Male columnist Adam Perri wishes to mark Printing without Paying the one-year anniversary of the final judicial by Sol Sandberg Printing without paying in the Law ComputerLab may be a thing of the past if Gloria Paveljack has her way. Ms. Paveljack, who is responsible for distributing the paper to the computer lab, indicated in an interview that a number of steps have been taken to ensure that students comply with the payment policy. Ms. Paveljack said that she sent last Friday a memo to the entire law student populationreminding studentsthat there is a charge for printing in the law computer lab. Shealso said that she recently put in an order with the Baldy Technology Walkway Node to rearrange the computer lab so that the printers will be behind the consultant's desk. This way, she suggested, it will be easier for the consultant to supervise the printing and ensure payment is made. There will also be an effort to make sure that the law student consultants on duty in the lab are adequately supervised.According to Ms. Paveljack, students who refuse to make payment after being asked to do so by the computer consultant will be requested to attend a meeting with Dean Shields. So far, according to Ms. Paveljack, only one student has bought a debit card for printing since the memo reminding students of the school's printing policy was circulated. Asked for his reaction on paying for printing, Martin Raikes, a 3L said, "We shouldn't have been required to pay in the first place. Where do all the fees we pay go to?" disposition of his divorce with the following poem Walt Whitman: of Once I passed through a populous city imprinting my brain for future use with its shows, architecture, customs, traditions, Yet now of all that city I remember only a woman I casually met there who detained me for love of me, Day by day and night by night we were together—all else has long been forgotten by me, I remember I say only that woman who passionately clung to me, Again we wander, we love, we separate again, Again she holds me by the hand, I must not go, I see her close beside me with silent lips sad and tremulous. From Walt Whitman, Children of Adam Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Asian Americans Hold Conference in Boston The theme of this years conference was "Examining Old Paradigms, Embracing New Possibilities". The conference was highlighted by panel discussions on various topics concerning Asian Americans in the legal and political arena. The panel discussions were moderated and lead by some of the most distinguishedAsian Americans in the political and legal field. Some of the speakers/panelists included, former Los Angeles Mayoral candidate - Michael Woo, former Nevada Secretary of State Cheryl Lav, and Morgan Chu who was listed as among the "100 Most Influential Lawyers in the U.S." by the National Law Journal. Rather than focus on the past discrimination that Asians in American have faced, the speakers directed the focus of the conference towards "Embracing New Possibilities" and spoke about the need for Asian law students to succeed in this predominately Anglo-American field in order to effect change for a better tomorrow. The purpose of the conference was to provide a forum within which Asian Americans could have an interchange of ideas and talk about solutions to problems as well as attend workshops on how to succeed as an attorney in America's legal profession. Other highlights from the conference included a career fair featuring recruiters from some ofthe nations largest firms as well as a dinner and dancing at a local club. But perhaps, the most memorable feature of the conference was the intangible feeling of pride and empowerment that some of the participants left with. by Joe Huang "American beats out Kwan" read the headline for MSNBC's coverage of the Winter Olympics following Tara Lipinski's superb performance which won her the gold medal in women's Figure Skating. Of course, this was a great victory for America to celebrate, but not all "Americans" were celebrating this victory. Rather than being elated for the victory of an American ice-skater, one group, Asian-Americans were disappointed. They were not disappointed because, Michelle Kwan, an Asian-American ice-skater failed to win gold. Rather their pain lied in the undertones of the headline "American beats out Kwan." Many Asian Americans felt that the headline implied that by virtue of Michelle Kwan's racial heritage, she was not quite an "American" even though she was born in the U.S. Perhaps, there is an element oftruth to the headline - at least in the perceptions of some "Americans." This headline was just one of the many topics discussed by participants at the Fourth Annual National Asian Pacific American Conference on Law and Public Policy, held on March 6-Bth at Harvard Law School. A significant number ofspeakers at the event opened up their speeches with a short commentary about the incident. To many of the participants at the conference, the statement embodied the essence ofthe many obstacles thatmany Asian-Americans are faced with daily on a personal as well as professional level. However, this was not the only topic of discussion at the confer- - - ence. 7 �SBA Election'98 SBA Presidential Candidates the SBA as this might help address student concerns over the timely reporting of grades. Although one of the major tasks of the SBA is to allocate funding to the various student organizations, the recent decision by the Food Service Association (FSA) to stop all bake sales, a major fund raising source for clubs, should be of primary concern for the new SBApresident. Finally, in order to help students to better cope with the rigors of law school, the SBA can co-ordinate more social events with other graduate schools like the UB Medical school. So, as you cast your ballot on Wednesday, April 1,or Thursday, April 2, I urge you to think about these issues and vote for the candidate that can best implement them. Dan Fynch for President My fellow classmates, the need for a competent SBA-president is even more important in this election than any other time. As the law school embark on the process of selecting a new Dean, increased student input in the decision-making process is crucial. The issueof more student involvement is paramount in my decision to run for SBA-president. As a second year, I am keenly aware of the need to increase class offerings, internship and research opportunities for all UB law students. The past SBA and BPILP co-sponsorship is an excellent model for creating more student opportunities. Recently, students using the computer lab on the fourth floor could not print their appellate briefs or other pressing projects due to a lack of printing paper. I think the SBA should be able to aid students, even on a temporary basis, facing such dire situations. Improved faculty/student relations should also be a priority for Dan Fynch SBA-presidential candidate COMETOGETHER AS A STUDENT BODY I plan to continue the trendof having a town meeting. This gives all students an opportunity to confront the faculty. It is through us being a collective voice that we can be heard. COMMUNITY SERVICE I would like to see SBA set an example and be more involved in the community. From the moniesraised lastyear I donated thefunds to an aftei school tutorial program. My goal is to make sure SBA becomes more Tonya Guzman for President Hello fellowLaw Students and future colleagues. My name is Tonya Guzmanand I am running for President of the Student Bar Association. I believe, between my goals and my experience, I have the ability to not only improve the SBA but I plan to implement ideas that will benefit the Law School. have been involved with the SBA for the last two years, as a 1L Class Representative and this year I was a memberof the Executive Board. Having heard students' problems and issues, as President, I will be in a position to address these issues and keep you informed. Additionally, as President, a few of the ideas and changes I plan to address are: involved in this area. TO KEEP YOU INFORMED REGARDING THE HIRING OF THE NEW DEAN: This is a very important issue confronting the school and I realize that Law School Students wantto be informed. Iplan to make sure you are kept abreast of the process and I plan to seek your input. ADDRESS SUBMITTING LATE GRADES: Having Professors submit their grades whenever they get around to it is unacceptable. This often affects students being unable to obtain employment thus the present process for grade submission is an issue that needs to be addressed. I have formed a committee to attack this problem and we plan to aggressively confront this in the coming semester. FUNDING Funding and timely payments ofencumbrances hasbeen a consistent area of concern. Although the treasurer is responsible for overseeing the budget, I plan to have the Executive Board actively involved in managing the budget. Budgetary dispersement and maintenance will be a team effort and a higher level ofcommunication will be implemented. MEET WITH STUDENT ORGANIZATIONS An effort will be made to restore anyfaith that has been diminished in the SBA. Dates will be set prior to any budgetary hearings for studentsand the organizations to discuss any problems or areas of concern. This will provide the studentbody and the SBA E-board a forum to discuss whatthe SBA has accomplished and the opportunity to discuss solutions and alternative approaches. The SBA needs to be a structured and organized body that efficiently addresses the issues facing our school. I look forward to continuing the work I began this year. I would appreciate your vote on Wednesday April Ist andThursday April 2nd. Election 98. Be There. Tonya Guzman Voting For Next Semester's SBA Executive Board will be April 1, and 2. Cast your ballot outside the library. May your conscience guide you! 1 �Candidate Statement for Brenda and allowances and has increased the effectiveness and efficiency of that position. Brenda has been proactive, cooperative, and professional in organizing events on behalfof students and ensuring thatchannels ofcommunication remain open between student leaders and the SBA. I speak from experience not only as co-chairperson of the Labor and Employment Law Association, but as Brenda's peer. The president ofSBA should be someone who can juggle many roles, and Brenda's strong work ethic and poised and patient manner make her an excellent candidate. In addition to her accomplishments as Treasurer of SBA, Brenda is a member of the Buffalo Law Review and has been an active fund-raiser and organizer for theLatin AmericanLaw Student Association. Time and time again Brenda has tirelessly represented the needs of others-whether in organizing student input regarding gradingpolicies (where many students have expressed anger as they continue to wait fall semester grades) or inkeeping the fourth floor computer labopen into the wee hours of the night so students withoutcomputers could finish their appellate brief. It is this strong conscience and ability to get the job done thatmake Brenda the ideal candidate for SBA president. —Theresa Merrill, 2L and Joanne Wong 2L Torres I think my record speaks for itself. My commitment to service to the law school student community and to the StudentBar Association (SBA) is demonstrated by the fact that I took on one of the major and most important functions of SBA, that is the SBA Treasurer, a function whichrequires approximately 15-20hours per week of my time.As treasurer, I increased the efficiency and communication with student organizations. I have gone beyond the call of duty, often sacrificing my vacation time and personal time to meet with student leaders when requested and to work on SBA projects. I took the initiative in organizing the SBA student phone listing, yearbook committee, and on-campus phone in the first floorstudent lounge. My goals for next year are to address the problems with the gradingpolicy, continue to work with theadministration in order to begin renovations on the student lounge, and to revive the yearbook. I have 15 years of management and organizational experience gained from my career in corporate america and throughout my undergraduate and graduate education. I have often met with the administration and have developed arapport which will increase my effectiveness as SBA President. I am also very accessible to the law school student community. I am often told that the law school computer lab where I am a lab attendant is my second home. Although my opponents are worthy candidates, there is no comparison in terms of contribution of time, experience, energy and results. That's why I think I deserve to be the SBA President. The following are commentaries from individualswhohave personal experience in working with me in my capacity as SBA Treasurer. These statements do not speak to the merits of the other candidates. They are offered to expose an opinion other than my own to many of the first years who have not had the opportunity to meet and work with me. Thank you for your consideration, and I promise, a vote for me is a vote well spent. On April Ist and 2nd, those who want an SBA president with a proven track record in representing the needs of students should vote for Brenda Torres. Brenda is a candidate who puts the needs of students first. Thanks to Brenda's work with other students and student organizations, we will enjoy a renovated lounge and already enjoy benefits like a student telephone directory and a telephone in student lounge. Brenda had also helped organize a committee to revive a student yearbook which members ofmy class will greatly appreciate. As treasurer of SBA, Brenda has also provided studentrepresentatives with regular and thorough updates as to budget proposal procedures Student Government is about Choice, Vision, and Leadership First, the choice belongs to you, the students. On election day, you will make a choice for the candidate you believe holds a vision for your StudentBar Association. The visionshould be a culmination of the student's voices. SBA is here to represent you, thestudents and it can only be effective whenyour thoughts, concerns and ideas are articulated. The final element, whichpulls the process together, is leadership. Leadership to represent the students' voices; leadership to formulate the vision; and leadership to move SBA forward as an effective student government. That is why I, Melissa Golen, am running for president of the Student Bar Association. I believe we need to discover the potential this student government has. We need to come up with a vision for what SBA can and should be. There is more to SBA than bickering over budgets. SBA should be a conduit between the students, the faculty and the administration. Your voice should be heard in decisions which affect this law school. Whether it is changes in the curriculum, the search for a new dean, or the refurbishing of the student lounge, we as students have the right to be heard. Having served as treasurer of my student government at William Smith College, where I oversaw a $450,000 budget, co-chaired several Brenda Tores See pages 2 and 3 of this SBA Election '98 Special Opinion Insert or f endorsements of Brenda Torres... committees and instituted a new system for the allocation of student tax dollars, I came to appreciate the strength that resonates in students' voices. Through leadership initiatives, I learned the elements of effective team building, working toward a shared vision, and why students must actively participate in the decisions which affect them. Therefore, I ask you to exercise your choice and allow me to represent your voice as president of your Student Bar Association. Melissa Golen ijßeraember to vote... 2 �SBA Vice-Presidential Candidates KIM FANNIFF Parliamentarian Vice President Candidate Statement For the past two years I have observed the SBA from a student perspective. As a student constituent I have certain perceptions of the Student Bar Association. The SBA has a myriad ofresponsibilities that take a strong team to fulfill. As an officer of my class in undergrad, I was part of an organized and efficient council. I would like the opportunity to take that experience and use it here at UB as vice president of the SBA. I would like to see the SBA become a strong political voice for the students here at the law school. A stronger political front in the SBA could help students bring messages to the faculty and administration. Greater cooperation and communication between students and the administration will make our school a stronger community. A close community will be better equipped and able to handle any problems, questions or concerns that the students may have. Rick Staropoli for Veep 1 am leaving tomorrow to visit my alma mater, Boston College. I'll be seeing my ex-residents the "kids" who mademy RA experience so rewarding. I was the Director of the Shaw Residential Leadership Program, a fledgling program when I took it over my Junior Year. It showed promise, no doubt; and the previous Director had done a damn good job. But the kinks were numerous. I invested myself in the development of the best possible Shaw Program. That is what I love to do. IfI care about something, I like to find ways to make it better. That is how I feel about SBA. This organization does some spectacular work, in a very disjointed way. Its leadership, and the leadership of each of its member groups, is of a very high quality. However, the cohesion is not there. The communication within the Board, between theBoard and the member groups, between the Board and the administration, and between the Board and the studentbody is dangerously lacking. As I look back to all of the specific problems from the past year on the SBA Board, I find that not one of them couldn't have been avoided with proactive communication, the best curative medicinefor an ailing organization. Rick Staropoli There will be changes next example, no matter whois elected, SBA is beginning a newsletter distributed to thestudent body, with a grant from Sub-Board I. However, this only addresses one of the communication gaps. Ipropose mandatory monthly meetings between the Executive Board and one representative from each student group. This would be mutually beneficial, because the current lack ofcommunication is mutually detrimental.Ipropose mandatory weekly meetings of the Executive Board. I propose monthly meetings between at least one Dean and the Executive Board. Well, Rick-you must really love meetings! No. I do, however, like the effect that regular communication can have on the quality of any organization. My father taught me that. I want the job. I know I am capable. I will not let you down. Questions? Call 619-8264 (pager/voicemail) or 882-5842(home); or drop a note in #804. - - Andrew decisions. Andrew repreAs your sentative, I promise to use my position to begin these needed changes and, in the end, make ouir law school a better place for us all. Please feel free to contact me with any of your questions or concerns at AAJZ@juno.com or Box Zakrocki #828. Endorsements for Brenda Torres - fFor Zakrocki My name isAndrew Zakrocki and I amrunning for the Student Bar Association Executive Board Position of Parliamentarian. I am a 1L and presently represent the first year class on the SBA as a Class Director. I have been involved in student governement since elementary school and have held various positions in many organizations. At SUNY Geneseo I was involved in the College Senate and, in my senior year, was elected vice-president of the student body. Throughout my years in student government, I have learned that students can make a difference. It sounds corny, I know, but it is true. While there is much to love about UB Law, there is also room for improvement. Late grades, poor facilities, lack ofresources for student organizations and the grading system are mere examples of problems facing law students at ÜB. These problems must be addressed and changes need to be made! The time has come to tackle these problems and make the difficult ... Brenda has greatly improved theefficiency with which the StudentBar Associationhandles the budgetarymatters oflaw school organizations. She is extremely accessible tostudents, often accepting and processing encumbrances during weekend and vacation periods. Moreover. Ms. Torres handles budgetary requests promptly and accurately. I did nothesitate to pre-pay journaland moot court expenses,which totaled over52000.00 this year,because I knew I could entrust Brenda withreimbursement. I didnot have thatsame faith in the Student Bar Association last year. -Jennifer L. Berger, 3L As treasurer for the Buffalo MootCourt Board. I worked very closely withBrenda. She was always very accessibleand would meetwith roe outsideof her office hours. Also, when I met with her. she wasalways very helpful and did everything she could to help meget reimbursed as soonas possible. Brenda was organizedand a great SBA treasurer to work with. -Jennifer Ruppel, 3L Who you gonna vote for, dummy? We at the Opinion understand the importance ofvoting. We urge all of you to participate in these SBA Elections. Remember, every vote counts. Make your vote count, and vote for the candidate ofyour choice. 3 �SBA Treasurer Candidates Fellow students, My name is Elizabeth "Betsey" Snyder and I am a 1Lrunning for S.B.A. Treasurer. While I have enjoyed my first year at U.B. Law School, I believe that a more cohesive student body would enhance our experience. My desire to make everyone's law school experience better, and to bring the student body closer together, motivates me to run for Treasurer. Throughout my undergraduate years, I was an active member of my class. I held office in various organizations, including Treasurer. I was Treasurer of my Senior Class, Financial Advisor to the Mock Trial Club, Treasurer of the James Sherman Society for Political Science majors, and Treasurer of S.A.D.D. I also was a member of Student Senate all four years. I do indeed know what the job entails. There are several issues I believe need to be addressed. First, our technology fees and why they do not cover printing costs in the computer lab. The second issue is grades. I would try to encourage professors to meet their deadlines. The third issue is redecorating the student lounge. The student lounge should be a place where students can actually come together. For example, a ping-pong table or pool tablewould help create a warm inviting environment. The fourth issue is the lack of cleanliness of the classrooms. There are garbage and soda stains on the desks for weeks and weeks. A fifth issue is the overall lack of camaraderieof the student body. Many students go to class and go home. I would like to try and bring the whole school together via various social, athletic, and academic events. As Treasurer, I would see that the money be apportioned in a fair and equitable fashion and in a way that your interests are heard and not simply put into the circularfile. Your interests and concerns are important to me. I will make things happen so that everyone can look back at their years at U.B. Law with pride and fondness. I will make sure your voice is heard. I hope you will let your voice be heard on April Ist and 2nd by voting for me for S.B.A. Treasurer. Thank you verymuchfor your consideration. Feel free to speak to me or leave a note in box # 799. Betsey's website can be found at: http://member .tripod.com/-betsey_2/ Elizabeth "Betsey" Snyder More endorsements for Brenda Torres' ... I have known Brenda Torres for approximately two years and during this time I have known her to be an active member of the Latin American Law Student Association (LALSA). During her first year in the law school she was in attendance at nearly all of the meetings and contributed greatly to the various functions carried out by our organization. During her second year, her participation and contributions to LALSA were augmented as a result of her work as fundraising coordinator for the organization. She has and continues to play a crucial role in coordinating our fundraisingactivities during this current school year. She has always approached each fundraising activity with the utmost preparation and organization. The fact that she has been able to devote such attention to LALSA whilealso tending to her other responsibilities as a student and SBA Treasurer speaks to her work ethic. In short, speaking as a member and treasurer of LALSA Brenda has been a valuable member of our organization and her work is much appreciated. Elvin Mercado, 2L ■ Torres. As treasurerof the Asian American Law Students Association, I found Brenda to be extremely helpful, resourceful and thorough. She tended to my requests in an expedient manner and always got back to me with requested information when promised. Her excellent performance as treasurer of SBA is indicative of the work she will produce as SBA President. Cindy Huang, In All That You Do, This Scuds' For You For Treasurer Knowledge, Experience and Performance. These are the three qualities which I will bring to the job ofTreasurer of theSBA. . KNOWLEDGE: I have a B.S. in Business Administration with a concentration in Finance from The University at Buffalo's School ofManagement. I have extensive knowledge of Balance Sheets, Income Statements, Capital Budgeting, and Cash Flow Statements. During my academic tenure at U.8., I have accumulated over six years of institutional knowledge on how to "Get Things Done" EXPERIENCE: As Vice President of the Student Bar Association's Accounting Agency Sub Board One Inc., I already have extensive knowledge on the policies and procedures for requesting funds and the mechanisms which are set up to track those funds. Also as Vice President of Sub Board One Inc., I assisted in the allocation and disbursementof over 1.3 million dollars. I assured thatdivisional budgets were in line with revenues and expensesand helped to budget such concerts as Billy Joel, Blues Traveler and Spring andFall Fests. As an officerof Sub Board One Inc., I was responsible for communicating all the Board of Director's decisions to other university offices and calling and administering Board Meetings. Most importantly, I helped to conduct the budget hearings for the 12 sub-divisions of Sub-Board One Inc. As Finance Director for the Corporation, I balanced the purchase requests with the actual receipts and was responsible for auditing the expenditures of divisional budgets. I alsochaired the Programming Grants Committee which awarded over $35,000 to various groups including Student Bar Association Organizations. I also served as the Director of Academic Affairs for the StudentAssociation. I was the only student representative on theFaculty Senate Executive Committee and proposed changes in a variety of University Policies including the University's Mission Statement. I also participated in a numberofCommittees on the Faculty Senate including the Budget Priorties Committee whichallocates the $586 million dollarbudget of the University. PERFORMANCE: Some of the Issues I would like to see addressed next year would include:(for a more detailed analysis ofhow to get these items accomplished please see my platform statement which will be available March 31st.) 1.Timely Notification ofGrades, The University is in violation of their own policies and it is hurting the students by delaying financial aide and hampering job searches. 2 Get the Job Postings on Line. Many U.B. departments have already done so, Why not Law? 3. Improve the Physical Plant. As the OnlySUNY Law School we have a terrible physical plant. It is appalling that the University can spend 340 million dollars on a new building but can't get furniture for thestudent lounge or ample class room space. 4. Restructure Perspectives and Civil Procedure: More actual application based learning, i.e. studying for the MPRE or actually drafting some pleadingS, summary judgments et. 5. Re-establish the Loan Forgiveness Program. Isn't it strange that we are considered in the top echelons of Public Service and don't have a program for loan forgiveness whichotherlaw schools have.Thanks BPILP 6. Address child care needs, transportation and other concerns. 7. Address ANY other Concerns that YOU the students Have. SBA Election '98: Special Opinion Insert 2L 4 �A dour looking 486 PC. Intel inside? Yes, but... Want free printing? Don't come looking 'round this printer. BYOP. An old and dejected 'puter. One of the lab's once proud digital workhorses a Mac SE. - UB Law Computer Survey Please fill out, cot out (optiotial), and netum to box No. 65. Thanks. 1. What letter grade would you give the UB Law Lab, based on how much it meets your technology/computing "needs"? _H_Q+ _Q _Q- _D _F 2. What do you think about the administration's new BYOP* policy? (* Bring Your Own Paper) . 3. Do you primarily use your own computer or do you rely upon those provided in the Lab? Home Lab 4. Do you use another campus lab instead of the law school'sLab? What are the reasons you If so, please specify which choose to use this lab over theLab in the law school? 5. In what way would you like to see the lab improved? Please describe. 6. Do you find the internet access on theLab computers adequate? 7. What computing platform doyou use at theLab? the PCs the Macs 8. What computing platform do you prefer to use/ use at home? PC Macintosh PowerMac Atari Commodore 64 Amiga _TRS-80 MC-10 _ IBM Mainframe_HAL 9000 Series _Other Don't usecomputers Home-made vacuum tubebased machine 9. What is your prefered word processing application and version? _WordPerfect _._ 5 _MS Word _._ _Other �Who Knows What They Do? lish relations with the alumni," Farrell says. "No one has ever gone out and actively done this work before, in terms of workThe Opinion extended a personal offer lo'all 13 deans and high with alumni one-on-one. We're really just trying to get a ing leveladministrators to address the concerns made by one student, who on a survey, wrote to us "who knows what they do?" Only one of 13 adminbetter feel for who the alumni are and their attitudes toward istrators took the time and effort to provide us you, the student body the Law School." with this information. We thankDean Farrell, and make afinal request to So far, that goal has taken him to Florida, New York the 13deans and high leveladministrators of thisschool to acquaint themCity, Washington, D.C, and Rochester to meet with UB Law selves with their studentbody. Student life and student alumni, with more travel sure to follow. It has been gratifysatisfaction with their experience ing, he says, to hear what these ÜB-educated attorneys have to at UB Law School are ofcritical say about their days in Buffalo. "The people that I've met have all been very positive concern to me, and to all administrators of the School. It is in about their experiences at the Law School," Farrell says. "There's an incredible amount of goodwill to build on in terms all of our interests (students, faculty, administrators, staff and of alumni loyalty." That's important, he says, because several factors are alumni) to work towards buildimpelling the Law School toward a whole new way of thinking a stronger Law School community. Of course our primary ing about how to pay its bills. "The recent SUNY cutbacks interest is ensuring that our stu- are a harbinger for the future of funding for this law school," dents receive a superior legal Farrell says. "The federal and state governments role in fieducation. However, we also nancing higher education is changing dramatically. The traditional partners in financing higher education will also change want to build a lifelong connecThomas J Farrell, tion and relationship with our as the result of the government's reduced commitment. More Assistant Dean for students that gives them a sense dependence on tuition revenue and private funding will be of ownership and commitment to necessary for all institutions of higher education, public and Development private." UB Law School. Thomas J. Farrell is UB Law School's Associate Dean "UB Law School is the crown jewel in this university's for Development. Part of his job is to build relationships organization. We're SUNY's only law school, so we're New with the school's alumni and let them know that private supYork State's law school. And for a school of our size and port "at the margins" is the only way to maintain UB Law's stature, our endowment resources are grossly inadequate. excellence. There's no gettingaround it." The Law School currently "My goal," he says, "is to increase awareness of the maintains an endowment ofroughly nine million dollars. need for private support in order to maintain and improve Farrell says alumni support runs the gamut from the quality of the legal education the school provides its stusmaller gifts of $10,000 or less, generally accrued through the dents." Annual Fund, to major gifts of $25,000 or more. That doesn't "To compete with the best institutions in the field, necessarily mean simply writing out a check. "Many major we need to be able to fund the enhancements, curricular and gifts are planned gifts," Farrell notes such strategies as arotherwise, which often define great law schools." ranging to donate a home or other real estate, establishing a "Private funding supplements our public assistance gift annuity, or designating gifts of life insurance or through a and is really the essential resource stream for the school. It will provision. "Part of my challenge," he says, "is to be able gives us the necessary flexibility we need to create a truly to share with people creative, often tax-wise approaches to contributing to the Law School." Over the last three years, the exemplary legal education program." Farrell came to UB in January 1995 after taking the Development office has secured over $3 million in gitt comshort trip down the New York State Thruway from the Unimitments; some in cash, some deferred. Farrell came to the development field after taking a versity ofRochester, where he spent the last four years working in alumni relations and development for the University. double-major bachelor's degree at the University of Roches"The move to UB Law has been a great learning experience ter, in European history and political science. He also holds for me," he says. an M.S. degree in education from the University of Rochester. After stints teaching high school social studies, mar"Coming from private education to public education keting securities and working as a grant coordinator for an has made me more aware that the public sector needs to emulate many of the alumni relations and development concepts environmental organization, he joined the University of the privates have practiced for decades." Rochester's development department in 1990. His brother Michael Farrell, is a 1987 graduate of UB Part of the task means reaching out to the alumni in ways that SUNY in general and the Law School in particu- Law School. lar hasn't in the past. "What we're trying to do is toreestabsubmitted by Associate Dean Thomas J. Farrell - - - 6 �Law Library. Undergrads argue that UGL is too loud to study in, so they come to the Law Library, which is like a morgue. Well, if they have a problem with what is arguably "their" library, they should do something about it. It's not my fault that UGL or MY SPLEEN OK. I was going to write this column about a totally different subject until I went for a visit to the library before coming down here to write In a previous Opinion, there was an article about undergrads and other non-law students in the law library. Many of the people interviewed in the article were not bothered by this presence of non-law students in the Law Library. I am. I can't stand it. What bothers me the most is that there are always nonlaw students using the Internet terminals on the first floor of the library. You can tell they are not law students. Today, one was reading something in Korean, two were reading e-mail, and one was at the ESPN site. Another (I couldn't see what he was "researching" and PRINTING) was dressed in a Wayne Gretzky jersey and had a Ting through his nose. Not that a law student couldn't look like this, but this kid looked to be about twelve. There was no way he's a law student. Once, while I was waiting for something to print, the printer produced someone's physics homework. As far as I know, physics is not offered at the law school. I think non-law students should go elsewhere to do their "work." Most of them are not doing real work anyway. I'll admit that I do non-work on the Internet terminals (like check hockey scores), but at least I am a law student. That's the library attached to the part of the university that I attend, and therefore it's the library I'm "supposed" to use. There are something like nine other libraries on this campus. I think people should use the ones associated with the part of the university that they attend, unless they have a legitimate reason to work or do research in a specialized library such as the THP ESPOTLI RESEBTS: HAPPENS RE"WALHYT FLOOR?" 4TOHNE im Lockwood are too crowded, dirty, or loud for them. I shouldn't have my rights to be able to research and study in the library associated with the particular school of the university I attend compromised because other libraries are not satisfactory to students who attend other divisions of the university. I don't mind the fact that other students study in the Law Library as much as I mind them using the Internet terminals, but it does get awfully crowded on the first floor of the library. They're also loud sometimes, but so are law students. Most of the students on that floor in the morning are not law students. The law students are forced upstairs, because there is no room, and it is often not that quiet. The second floor is often worse. Non-law students are often on the upper floors of the library, too, even and especially during finals, when they're not supposed to be in the library at all. It gets really crowded, and unquiet. So what do I think should be done? Well, for starters, I think more should be done to keep nonlaw students out of the library during finals. Someone should be at the door, making sure only law students are let in. Other schools do this. For example, to get into Bird Library (the main library)at Syracuse University, one must present student 1.D., or fill out a form. Also(somewhat obviously) they should be barred from using the Internet terminals. Something as simple as putting up a sign saying that the terminals are for law students only would discourage enough of them, I think. Simple changes like this would reduce so much aggravation in law student's lives. Not all aggravation, of course. There's still R&R. by Kristin Greeley THESPOTLITE i PRESNT:"BIPARTISANS!" 7 by KxsKUm I �Sex Sells And We Pay The Price Recently, so much of the media's political coverage has focused on President Clinton's alleged sexual misconduct. People such as Paula Jones, Monica Lowinski, and Kenneth Star have become household names. This is quite understandable considering they are daily figures in the media's news coverage. But does the issue of the President's fidelity (or lack thereof) really warrant so much of the media's time? Some hold the position that these events are newsworthy because they go to the President's character, which is a national concern. They question if Americans can trust a president that cheats on his wife. However, I feel that this argument is weak. I disagree that a cheating husband necessarily makes for a untrustworthy president. One case on point is John F. Kennedy. President Kennedy has long been rumored to have had countless affairs while serving as President. Despite these alleged transgressions, he proved himself to be a exceptional president and history has remembered him as such. His affairs may have made him a poor husband, but as president he was more than competent. Additionally, while I accept that inclinations to cheat on one's spouse suggest a weak character, which is a undesirable quality for a president to have, I doubt that such characteristics speak entirely of a person's abilities or competencies. What could be a better measure of one's ability to perform a task than past success at performing the task itself? In other words, even if Bill is cheating on his wife, since he has successfully performed his duties as president for the past five years, any questions of how his cheating affects his job performance are moot. Maybe having a lover(s) is some sort of an outlet for him, or maybe it is some other reason, as long as he is adequately performing his duties as president, his private life should remain his business, not ours. I don't expect the president of the United States to be a perfect man or a perfect politician, as long as he competently performs his duties as president, that should be enough for us all. Some believe that the President's private life is a national concern because it speaks of his character, morality, and ethics, and consequently it is expected of him to conduct his personal life in a respectable manor. Therefore, Clinton's continuous sex scandals render him inappropriate for the position of president. How- ever such a strict policy would create a "slippery slope" dilemma. Is it not also true that Congressmen and diplomats also need to posses an ethical and moral character? Should they also be deemed as unacceptable leaders if they are suspected of infidelity? What about state and federal justices, their character, and ethical standing is also pertinent to their position in society. Should we investigate theirpersonal lives too, so to be sure that they are not unfaithful to their spouses. In fact, policeman too must be trustworthy and ethical. Also what about bankers, stock brokers, and even your accountant they too are trusted with Americas savings and investments. Lastly, what about you. One can't have unethical incidences in their closet if they wish to be accepted to the bar. Maybe bar officials should contact your ex's to inquire about any lapses in your fidelity? Is this not violating one's right to privacy? So then where do we draw the line? Have we learned nothing from the McCarthy Hearings earlier this century? Lastly, on a different note, do we really believe the character issue is the genuine reason of the media's extensive coverage of this issue. I do not. I think the media's focus on this issue is just a prime example of their inability to responsibly focus their reports on issues worthy of genuine concern. They love to speak of the President's fidelity, or lack thereof, because sex sells like nothing else. After all of their selfrighteous, self glorifying, self serving speeches on the First Amendment have ended, the fact is that they are in the business of holding your attention so they may more profitably sell air-time to advertisers. Money is their bottom line and nothing else. After all, wouldn't it be better for this nation to be focused on significant problems such as the three million homeless Americans, or maybe even the inability of many parents to provide a suitable environment for their children to be raised in? So next time you turn on CNN and watch the latest White House sex scandal ask yourself if that timecould be better spent on some issues of genuine concern and if so who's paying the price that it's not. by Marc Perrone Oh, Bridge Courses... Memories 'O Perspectives Bridge courses, bridge Oh, Perspectives, you had me write pointless papers and silly scenarios courses IIIIIIIIII""" I 11 I I I I I I I I I I I 4- about your end seems so near... I spend all night doing your pneuminoultramicroscopicsilicosvolcanoconiosis and some woman with a baby in the bario work when I could be up drinking but the one thing I did think was neat was that the lectures helped me catch up on my beer sleep. or watching TV see you I These fine poems written by RBK, 2-L oh what has law school done to me Sweet Lab q Mine I < 'twas all in good fun The great paper chase is on in the lab where the computers are on so ut at 10 cents per page, what can I say? I'm glad I own my own computer anyway 8 Vl~, llfllimHl JUnHmiNII BB ■ lt^^ |—J P k i^K:: m ■"m Wmm ' fjWn «9k || W ,, , WKk ißSifiPll ,1 11^, | �ANARCHIST THE W . .. FARCE A ROYAL :: v :-:': ■■'■ ■ ' ..-■.■-.■■■:■ ' :•:■ .-.■■■ •■: ■:■ :. ■ '-'■:': ■ ■;■ :-: ■ • - ■■' :■' '■■■ One day, while sitting at the main desk in the Opinion office, I noticed something kind of strange. On our beautiful 21 inch color monitor, there was a small panel labeled "remote control" on the front bottom. I couldn't resist. I tapped the panel, and a small tray ejected out, with a you guessed it remote control, firmly ensconced within its boundaries. It took me a couple of weeks, but I finally decided that I needed to see what the remote control was for. I aimed it at the monitor, and pressed some buttons, and my worst fears were soon confirmed. The remote control was for swiveling and adjusting the tilt of the monitor. It baffled me to think that someone, somewhere thought that I would require a remote control to adjust my monitor. I mean, I had to lean over to the monitor in order to get the remote control. Isn't it conceivable that while I was there, I could also adjust the angle of the monitor? This remote control quickly moved up my list of "most pointless things ever invented." It must feel silly to use a remote control on a monitor. But it will never supplant the number one and number two items on my list. Regrettably, the most pointless things ever invented is also one ofthe most dangerous concepts ever to torment humanity. I am talking about the concepts of royalty and nationalism. The two concepts tend to go hand in hand, so I will address them both this week in this column. -- 5 — NATIONALISM There is no concept, with the possible exception of organized religion, that has caused more deaths. Patriotism. National pride. Heritage. From the start, at elementary school, many of us were duped and tricked into nationalism and patriotism. We are told to pledge allegiance to the flag, sing the national anthem, etc. When I was in school (back in my day...), we had the additional evil of the Soviet Union. Living in a largely Russian community (Brighton Beach, NY), there was a strange paranoia. Most ofthe Russians in the community tended to be older, so many of the kids in school were not Russian yet. I was (well, still am) partially Russian. Its strange to think, but I would never admit to it. We were toldthat the USSR (frequently referred to, inaccurately, as "Russia") was the evil empire, that they were going to cause nuclear war, the end ofcivilization, and possibly cause a rehash of the Blizzard of '78. So in school, away from the teachers, we all made fun of the USSR, and mainly, of Russians. As we could plainly see, during the Gulf War in 1991, this generation has grown up (as have previous generations) with a remarkable sense of patriotism. Just as in the 80's, when people had no problem with us if we had to kill Russians, people now had no problem with slaughtering Iraqis. They were the bad guy. Their leader was evil, their country unfree, and to make things best for us, they weren't European. So very few people winced at the amount of bombing we did to their infrastructure, and not many people cared that we used bulldozers to bury (by one estimate) tens of thousands of Iraqi soldiers who were forced at gun point to fight alive under sand. They deserved it. They were — — unAmerican. What is it, that makes people think that their country is wrong or right? This isn't meant to be an anti-America piece. The scourge ofnationalism afflicts us everywhere. People are, however, brainwashed to think that their country is the best place to live and the best place to be, and that they have some sort of moral superiority. I mean, I'm an AMERICAN! It is this notion that allows people to send their own children to their deaths in useless wars, and be proud of what they've done "for their country." How inhumane. How cruel. But sadly, how typical. Whenever I settle down and have a wife and kids, one thing is for sure: If my kids don'twant to salute the flag, say the pledge in school, etc., then I won't make them. Obviously kids all grow up with influences around them. If my kids get influenced off me, then so be it — there are worse people who could influence them. I would be proud of them, not only for exercising controversial independent thought, but also for throwing off the chains of nationalism. Nationalism kills. Nationalism breeds war. Nationalism be not legally, but in our collective mental should abolished - conscience. — ROYALTY I was watching Nightside the other night, and they had a special on Princes William and Harry of England. They had decided, along with father Prince Charles, to pay a visit to Canada (and afterall, Canada is part of the commonwealth, and a Constitutional Monarchy that follows the English Monarchy). They showed the two boys, walking down an aisle or street of some sort, and lined up on the side of the street was an unbelievable amount of people, who wanted to get a glimpse, or if extremely lucky, a handshake from the two young princes. Within the crowd was an Continued on page 13 9 �The Anarchist... Continued from page 12 enormous group of teenage girls, screaming and pushing to get closer. When asked why they were there, many of the girls responded "because they are hot, and because they are princes." Though not having any interest in guys, I guess I don't see them as being hot. The two kids look like typical acme-less teenagers who just happen to have all their money and wants provided to them by the state. Its hard to imagine, but at one point, we were governed as well by the British monarchy. Even when we gained independence, there was a contingent of patriots who preferred that we establish some sort of monarchy. Many people were indeed ready to make George Washington into King George. Fortunately, he would have none of that. The idea behind monarchy is this: One family rules. Thatrule is determined by descent and bloodline. It isthe ultimate in elitism. You are saying that this one family is so much better than us, that we'd prefer that they ruled over us. With the passage of time and popular revolt, the kings and queens of England were forced to relinquish their power. Yet, curiously, the monarchy remains in England, despite the fact that they have little to no power whatsoever. What makes the arrangement even more bizarre, is the fact that they are still supported by the British people - and apparently, most of the British people don't have much of a problem with this. So each year, they receive millions of dollars (or pounds, I suppose) from the treasury to support their position. I wrote a song, shortly after Diana's death called "The People's Princess," and it contained theline"Elizabeth 11, society's biggest welfare queen." I can think of no line that better describes this disgusting relationship. There are poor people in England, barely getting by, whopay taxes, with part of that money going to support this outdated travesty called royalty. On the subject ofPrincess Diana, I was not one of those people who suffered a great deal emotionally because of her untimely death. Sure, it was tragic. But was it any more tragic than a mother of 3 who gets gunned down in the crossfire of gang warfare in the ghetto? There is solace for the royal family. Though they lost their mother, who is irreplaceable, William and Harry will be taken care of. They will never have to worry about where there food or clothes come from. The hypothetical (although not very unrealistic) scenario withthe murdered mother will leave behind children who could be thrust into the foster care system. But people will say that Princess Diana was "The Peoples Princess." What the HELL does this mean? A people's royalty? There is no such thing. Its impossible. Sure, I celebratePrincess Diana's willingness to dabble in charity. But for God's sake, she held herself out to be royalty ~ to be better than you and me. While she was helping people out with charity, she was wearing very expensive gowns, shoes, etc. When Diana and Charles separated, did the "People's Princess" turn to the people? Nahh...she turned to Dodi Al Fayed, son ofthe man who owns the huge chain Harrods. Sorry folks, there is no such thing as a 'peoples monarch.' If they had anything to do with the people, they wouldn't be monarchs, and they wouldn't be living on the dole. It must feel silly to be a king, queen or prince/princess. But probably not nearly as silly as it is to willingly follow one. KATIE'S CORNER 179 Cherry Orchard Lane Lexington, Kentucky 15622 September 18, 2020. Mr. Adam Perri, the Third Chairperson The Board of Directors Colonial Military Institute 5 Academy Parkway Lexington, Kentucky 15624 Dear Mr. Perri: Today marks a very special anniversary for our family: one year ago today my grand daughter, Betsey, began her Bachelor of Science studies at your prestigious military institute. From the time that she was a young girl, my grand daughter aspired to attend CMI. She was, and is, determined to realize your educational challenge of becoming an individual who is imbued with a sense of high public service, confident in and respectful of the ideals of democraticleadership, and who is committed to secure the blessings ofliberty to herselfand to her posterity. Today, Betsey and I should be celebrating. We will not. I will explain. Several weeksago, in the face of strong alumni opposition, you changed two hundred years of CMI history. You voted to establish CMls first sex-integrated rifle team. The rifle team's members chose my grand daughter to be their captain. She was thrilled by this honor! With much anticipation, the team members awaited your decision regarding their name and logo. Today, I was astounded by the following news: the team's female members will be known as the "cute shots," while the male members will be known as the "hot shots;" the female members' uniform logo will be a kitten in the foreground with two crossed rifles in the background, while the male members' uniform logo will bea tiger in the foreground with two crossed rifles in the background! In terms of your avowed mission to further school and team spirit, to increase sports participation, and to achieve higher caliber sports performances at CMI, your decision regarding the women's rifle team's name and logo is, in short, self-defeating. Specifically, you have chosen a name and a logo, cute and kitten, which emphasize female appearance and personality at the expense of the real skill, training, and courage that the women's rifle team members bring to their sport. As a result, you deny to these women the serious respect and consideration that their sports accomplishments deserve. In essence, your particular choice for the name and logo of the women's rifle team publicly and individually trivializes and devalues the strength and caliber of each female member's sports performance. Because you are the Chairperson of CMls Board of Directors, you are the chief fiduciary of every CMI student's potential for achieving optimal combat and sports performance. It is therefore vital that you understand the practical effects of your recent decision. It is vital that you see that now is the time to "clean house," to throw out broken and dangerous language that perpetuates the myth that women's sports competition at CMI is not a serious, courageous, or a highly-skilled endeavor. I want you to see that the women's rifle team name and logo must be changed from the signifiers, cute and kitten, which express and perpetuate a wholly negative female stereotype, to those that hail the substantial skills and courage that the women team members so proudly possess. To show you why it is vital that you reverse your decision, I ask you to now consider exactly how language constructs reality. Please stay with me. I will be brief. First, contrary to common knowledge, language is not a passive reflection of reality. As one who studies the relationship between language and perception, I want you to reflect upon what my research has revealed to me. In essence, my research has shown me that language is not a mere descriptive instrument, or a neutral Continued on page 14 10 �Katie's Corner... Continued from page 13 instrument of communication. Language is the way that we internalize our experiences and reinforce and perpetuate ourcultural values and the social order.As a result, the use of ordinary language necessarily raises important questions about theextent to which words affect the everyday reality of our lives. One of the basic concerns of those who study language and its effects on female development and social reality is that, in both form and meaning, English routinely devalues and trivializes women and their accomplishments. My study of texts reveals that this negative bias developed through an historical and cultural process known as semantic polarization. In sum, semantic polarization is the process ofisolating word meanings into either a malepositive-important category or into a female-negative-trivial category. For instance, in our culture, English is often used to relegate women to female-negative-trivial linguistic space. That is, even though a broad range of positive characteristics, such as resolute, honorable, and stalwart, are traditionally used to define males and to establish a perception of males in terms of positive human qualities, females are often defined in terms of negative, and frequently sexually-debased, characteristics, such as loose, petulant, and fickle. This is customary even though a broad range of words assigned to positively characterize males, such as bold, competitive, and wily, could similarly be used to characterize females. To illustrate further, when used colloquially, the femaledesignated part of each ofthe word pairsking/queen and sir/madam acquires afemale-negative-trivial connotation without comparable debasement in the male-positive-important counterpart. Moreover, when the diminutive suffixes -ette and -ess are added to male- positive-important words, such as major, actor, and mister, femalenegative-trivial word categories, such as majorette, actress, and mistress, are established. In effect, this polarization process encourages and reinforces the cultural perception that women and their accomplishments are auxiliary and subordinate to men and to men's accomplishments. The signifiers that you have chosen for the women's rifle team, cute and kitten, are part-and-parcel of this polarization process. Like other female-negative-trivial linguistic categories, these terms rob women of the prestige and credibility that they and their accomplishments deserve. In terms of CMls avowal to achieve higher caliber sports performances, I would like you to consider the question that my grand daughter recently asked me: How can I ever take myself and the rifle team seriously when everyone I know refers to me as a "Cute-Shot KittenT' In closing, I want you to also try to understand that semantic polarization is destructive to men as well as to women. Specifically, my research reveals that female-negative-trivial images, which semantic polarization establishes in men's minds, encourage men to act with hostility toward women. Case studies indicate that by the age of five men are already affected by femalenegative-trivial images to the extent that kindergarten-age males routinely exhibit pronounced hostility toward anything hinting at "femininity," including females themselves. I firmly believe that, at the very least, the current name and logo that you have chosen for the women's rifle team will encourage the team's male members to show only passing support and respect for the female members' appreciable skills and accomplishments. As a result, your avowed goal to increase school and team spirit and sports participation at CMI, and to achieve higher caliber sports performances, will be very difficult to realize. I have tried to present my concern honestly and fairly before you. I have tried to show you why it is necessary that you change the women's rifle team's name and logo to signifiers that reflect your full support and recognition of the substantial value ofthese women's sports skills and accomplishments. To this end, I pledge my own best efforts and summon yours. 'Sincerely yours, Katherine L. Mc Dowell American League Preview By Daniel M. Baich AL East: - New York Yankees Simply the best team in baseball's best division. The Bronx Bombers will represent the AL in the World Series and take the whole thing.(Just remember who put it in print first!) Baseball hasn't seen a lineup this good since the mythical '27 Murderers Row team. Gone are chronic malcontents Charlie Hayes, Cecil Fielder, Wade Boggs and Kenny Rogers. The new additions include Chuck Knoblauch, who fills a gaping hole at second and becomes the new leadoff hitter, Chili Davis, who will stabilize theDH spot and 3B Scott Brosius, who is filling the position until super-prospect Mike Lowell is ready. The starting pitching is solid, with David Cone, Andy Pettitte and David Wells as good a 1-2-3 as any. Any two of the following are excellent fourth and fifth starters: Ramiro Mendoza, Willie Banks, Hideki Irabu, at least he WAS having a good spring before a bonespur sidelined him for three weeks, and Orlando "El Duque" Fernandez, the Cuban ace who should be ready after the All-Star Break. The bullpen is simply the best in baseball, anchored by fireballer Mariano Rivera. Variable: David Cone's surgically repaired right shoulder. If Cone goes down, the Bombers may not have the starting pitching to win come September. Baltimore Orioles Okay so every game they play is not an Old Timer's Game, but they did add more graybeards in the offseason. Message: Cal, GIVE IT UP! You are hurting your team. That said, Joe Carter still can hit 30 HR's in the middle of this lineup. The infield is terrificwhen healthy (See above message) and Ozzie Guillen gives them some versatility. Look for Roberto Alomar to have a monster year, as he is in his last year before free agency. The starting pitching is deep and experienced. Last year, Mike Mussina showed he is one of the three best big game pitchers in baseball and Jimmy Key , Scott Erickson, and Scott Kamienicki are steady if unspectacular. Doug Drabek is reunited with new manager Ray Miller, his pitching coach in his prime withPittsburgh. The questions on this team surround the bullpen. Ace closerRandy Myers (45/46 in save situations) fled to Toronto in a huge loss. Closer-in-waiting Armando Benitez is not ready for the role yet. The O's will attempt a closer-by-committee approach, which rarely succeeds (see Atlanta Braves 1-3 record in the World Series this decade). If Baltimore wants to win it needs a closer. Variable: Benitez. If he steps up, this team could challenge New - York. - Toronto Blue Jays Good pitch, no hit spells no playoffs. The Blue Jays have the best pitching staff in baseball except the Braves. Roger Clemens and Pat Hentgen have won the past two AL Cy Young awards. Juan Guzman has recovered from injury and Erik Hansen is steady. The bullpen is anchored by Randy Myers (did I mention 45/46 in save situations?) and young Kelvim Escobar, who has been throwing 98-99 MPH this spring. The problem here is the offense. Jose Canseco is five years too late to be the answer. Mike Stanley and Tony "Bill Buckner" Fernandez will help offensively. Carlos Delgado is a legitimate power hitter who will help when he gets off the disabled list (Mid-May). However, the key for this team is their outfield. Shawn Green, Jose "Theft of the Century" Cruz Jr. and Shannon Stewart must prove themselves as legitimate major leaguers for Toronto to have a chance. If they do, the Jays Continued on page 15 11 �American League... Continued from page 14 will put Baltimore out to pasture. Variable: The outfield. Boston Red Sox The Sox signed the biggest free agent over the winter, getting NL Cy Young award winner Pedro Martinez. He is the ace the Sox have lacked since Roger Clemens was in his prime. The rest of the staff is suspect, however. Bret Saberhagen is attempting yet another comeback at the age of 86, Tim Wakefield either throws a eight-hitter or gives up eight runs and Steve Avery hasn't had a clue since 1993. The bullpen is shaky at best. Jim Corsi and Tom Gordon are decent setup men, but how much does a 43-year old Dennis Eckersley really have left? The lineup could set a new major league record for doubles. Mo Vaughn will hit 40-45 HR and drive in 130runs. Nomar Garciaparra and John Valentin are the best left side combination in baseball. Troy O'Leary is an emerging star, if he could only cut down on the K's. Darren Lewis gives them an excellent CF and Jim Leyritz solidifies the catcher. Variable: The pitching. If Eck, Saberhagen and Avery can't rediscover the form that made them great, the Sox are done. Tampa Bay Devil Rays Do you really want to know about this team?? OK, they are an expansion team playing in baseball's toughest divison. That said, they will be better than Oakland, Kansas City, the White Sox and maybe Minnesota. They field a respectable lineup with Fred McGriff, Wade Boggs, Paul Sorrento and Dave Martinez, the anchors. The problem is pitching. After #1 starter Wilson Alvarez and closer Roberto Hernandez, they don't have any. Dennis Springer and Tony Saunders can give 5 or 6 solid innings on a good night. The middle relief.. .let's just say it will be a long season. Variable: C'mon Fuggetaboutit. AL Central: Cleveland Indians - Last year's series representative has gotten better. They welcome back prodigal son Kenny Lofton, following an off year in Atlanta. He will stabilize the leadoff spot, which plagued Cleveland last year. Travis Fryman replaces Matt Williams at third and Geronimo Berroa is the new DH. This lineup is scary. They actually have a .300 hitter, Shawon Dunston 28, batting ninth?! The bullpen should round out with Jose Mesa seemingly having found his form following his acquittal ofrape charges. Mike Jackson is ready to step in if Mesa falters. The starting pitching is the one question on this team. Charles Nagy is a good, experienced starter. Jaret Wright is a bona fide star. He single-handedly beat theYankees in last year's playoffs. Beyond that however, theIndians are hopeful that either Chad Ogea will return from the disabled list before August or Doc Gooden, Yes that one!, can win them 15 games. Neither scenario is likely, so look for the Indians to push hard for the Phillies' Curt Schilling as the trading deadline nears. Look for a terrific Yankees-Indians ALCS. Variable: Starting pitching, but GM John Hart has the luxury of holding auditions because he plays in the weakest AL division. Detroit Tigers - No, this is not a misprint. The Tigers are actually competitive. All those years ofhigh draft picks and 100 loss seasons are finally paying off. CF Brian Hunter, IB Tony Clark, RF Bobby Higginson and 2B Damion Easley are a terrific core of young players. Add to the mix, LHP Justin Thompson, who has Tom Glavine-like potential, and this team seems like decent club. That is what they will be - decent. 82 wins would be a huge step for the club. Losing 3B Travis Fryman and RHP Willie Blair will hurt, but the Tigers could make an unlikely wild-card run if P's Scott Sanders - - and Tim Worrell finally live up to their potential. Buddy Bell is the right manager for this club, but they are still two years away. Variable: Sanders and Worrell Minnesota Twins They really aren't that bad!! They have excellent starting pitching and a proven closer in Rick Aguilera. 20-game winner Brad Radke anchors the staff. Veterens Bob Tewksbury and Mike Morgan will soak up innings and take the pressure off the bullpen. Youngsters Eric Milton, an Andy Pettitte clone, and LaTroy Hawkins have dazzled this spring. Greg Swindell opens in the pen and can start in a pinch. Right now, this staff is better than Cleveland's. However, they have to be because the offense lacks power. Paul Moilitor has found the fountain of youth and will hit .300 and drive in 95 runs. C Terry Steinbach can handle the staff and provides a decent bat. CF Otis Nixon still has blazing speed and can disrupt opposing pitchers when on base. Defensively, they are a solid team, they just lack a power hitter. Variable: LF Marty Cordova. If he returns to his Rookie of the Year form, Twins could overtake the Tigers, if not they could finish below the White Sox. Chicago White Sox - Alex Fernandez, Wilson Alvarez, Roberto Hernandez, Jack McDowell, and Kevin Tapani are only some of the pitchers the Sox have traded or failed to sign over the past three years. Not a bad staff, except they play for other teams. Also, it is not too smart to have three players eating up 80% of your salary, i.e. Frank Thomas, Albert Belle, Robin Venture. This team is going nowhere fast, and if any ofthe big three get injured, they will fall further down in the standings. The upside is RF Magglio Ordonez is a terrific prospect and P Jason Bere seems healthy after arm surgery. They willwin most games where they score over 10 runs. Otherwise, it will be a long season. Look for Belle and/or Ventura to be traded after the All-Star break. Variable: Pitching, if the prospects pitch like legit major leaguers, they may contend. Kansas City Royals - This team really is clueless. They lost their two best players to free agency, Jay Bell and Chili Davis, and their best pitcher, Kevin Appier, is out until July. Still, with Jeff King, Hal Morris and Jeff Conine they will play hard every night. Dean Palmer could hit 30 HR and strike out 130 times. Tim Belcher is a solid pitcher, but not a # 1. Jose Rosado folded down the stretch last year but has excellent potential. Lee Smith hasretired, unretired, etc. He probably should have stayed retired. Wait till next year, or the year after that. Variable: If VP of baseball operations George Brett comes out of retirement and hits .390 again, and Dan Quisenberry... AL West: Seattle Mariners Don't kid yourself, Randy Johnson isn't going anywhere. If Seattle remains in contention, which barring a major injury they should, they will take their chances in free agency. Jeff Fassero and Jamie Moyer give them terrifc 2 and 3 starters. The lineup is as loaded as Cleveland and New York, if not moreso. The additions are David Segui at first and Glenallen Hill in left. If only they still had Jose Cruz, Jr.. .But, Griffey, Buhner, Arod and Edgar Martinez are the best 2-5 combo in baseball. The problem here is the bullpen. They blew 27 save chances last year. Let's say, with a decent closer they win 15 of those games. Baltimore won 98 games. Seattle would have won 105 and gotten home-field advantage in the playoffs. Yetthey still didn't sign a closer. Heathcliff Slocumb, Mike Timlin, Paul Spoljaric and Bobby Ayala will need to find a - - Continued on page 16 12 �American League... Continued from nape 15 way to save some games or else Seattle won't pass the first round of the playoffs. Variable: The bullpen. Texas Rangers - The Rangers need to stay healthy to compete. Last year they lost 642 man-games to the disabled list. Anyone know a good personal trainer? However, when healthy, the Rangers have a loaded lineup led by perennial MVP candidate Juan Gonzalez, baseball's most indispensable player, Ivan Rodriguez, and the underrated Rusty Greer. They upgraded defensively with Kevin Elster at short and rookie Fernando Tatis at third. They have one of the game's best closers in John Wetteland and its best setup man in Danny Patterson. Alas, the starters are only a group of good third and fourth starters trying to be number l's. John Burkett, Aaron Sele, Darren Oliver, Bobby Witt, and Roger Pavlik are unimpressive at best. However, Texas will win a lot of games against other teams' 3,4,and 5 starters. For this reason, they are ahead of Anaheim. Variable: Starting Pitching, They desperately need a proven number 1. Anaheim Angels - The Angels retain a loaded lineup and have added DH Cecil Fielder. Jim Edmonds, Darin Erstad, Tim Salmon, and Dave Hollins are the core of this team. Infielder Phil Nevin has had a dynamic spring and should play his way into the lineup. The starting pitching with Chuck Finley leading the way, Ken Hill,and a rejuvenated Jack McDowell is adequate. Pitcher Troy Percival is an effective closer. The problem is a lack of a true number 1 starter. Next year will be the Angels year for the playoffs when they overpay for Randy Johnson this offseason. Variable: If Fielder and McDowell return to their pre-Yankee form they could overtake f\MI Kt* * -The Texas Oakland Athletics - Their best player has never played a major league game, Ben Grieve (1998 AL Rookie of the Year), their top two starters are Tom Candiotti and Kenny Rogers, and they didn'thave a player drive in more than 81 runs. This will be ugly. The Denver Nuggets of baseball. They could lose 110 games this year. I know Rickey Henderson liked Oakland but WHY? At least last year they had Mark McGwire. Look for T.J. Mathews to find his way into the rotation and win 10 games on ability alone. The rest of the team will have problems. Variable: Do you believe in miracles? 13 oF^^§i^; � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-03-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 38 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/30/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1a247a51ba24627e415e7c0bdc798c3d.pdf 3f061dfb3e55a3dc42d0789f1d1a3458 PDF Text Text OPINION Vol. 38, No. 14 "Vi veri veniversum vivus vici." Law Review News by Sol Sandberg On March 20-21, the Buffalo Law Review hosted a symposium entitled Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy. The symposium was held at the University Inn and the Center for Tomorrow. The symposium focused on the recent legal issues facing members of the Iroqouis Confederacy in their confrontations with New York State and the United States government, and each other. Among the specific topics discussed were the history, law and politics of the Iroquois Confederacy, Iroquois land claims, Iroquois tax issues , sovereignty issues and Iroquois governance. According to Kathryn Bryk Friedman, the editor of theLaw Review about 325 people attended the symposium. On Thursday, associate members of the Law Review were required to hand in a 40 page paper with 160-200 footnotes. The Admissions to Continue paper was required to be of substantial publishable quality. This was the final prerequisite for promotion to Senior Member of the Buffalo Law Review. The other two prerequisites are holding office hours and doingextensive cite-checking. Failure to meet these requirements can result in removal As for future events, elections for the editorial board of the Law Review are scheduled for April 5. Among those already nominated for the position of Editor-in-Chief are Beth Garrington, Amy Martoche, and Michael Donlon, acccording to a member of the Law Review who wished to remain anonymous. On April 24, theBuffalo Law Review Dinner will be held at the Buffalo Club. The event will honor Professor Mugel for his 50 years of teaching and service to UB Law School. Professor Mugel teaches future interests, estate and gift tax, and estate planning. Next month, The Law Review will be coming out with issue 46-1. The issue will contains submissions by 7 authors. Law ReContinued on page 5 Olsen to Discuss Loan Repayment by Sol Sandberg by Sol Sandberg March 15 was the official deadline for admissions yet the Office of Admissions is still accepting applications, according to MarieMcleod ofthe Admissions and Student Services. Ms. Mcleod spoke to the Opinion on Thursday as she was ordering the files of rejected applicants on her desk. She said that the Law School planned to make about 500 offers to the applicants to fill the approximately 220 seats in the first year class. One phenomenon which has grabbed the attention of the Office ofAdmissions in recent days is the heightened organization of applications to the Law School from international applicants. In the past, international applicants encountered difficulties in applying to the Law School due to postal delays and mishaps and difficuties in telephone communication. With the widening use of email, said Mcleod, international applicants and the Law School are finding it much easier to comContinued on page 5 4.06.98 The Loan Repayment Assistance Program will be hosting a discussion with Dean Olsen on Tuesday April 7, at 4:30 PM, in Room 212, about the prospects and challenges of implementing a loan repayment program in the law school. If implemented, a loan repayment program would assist graduates who choose to take lower paying public interest jobs in paying back their student loans. For more information contact Nelson at 645-4004, Rick at 882-5842 or Dan at 882-5446 Inside... The Smoking Gun Ich bin cine Komodie!. Perspectives Top Ten and a tribute to our narcissism! 1 7 8 9 �Editorial: SBA Election Circus This past week, the Student Bar Association conducted its annual ritual of elections. As a part of that ritual, candidates conducted their own rite of plastering the school with advertisements. "Vote for me!" the sign says -- "as SBA ***** I promise to end world hunger!" Riiiggghhhhttt. Some signs were worse than others. Not all candidates decided to participate in the mass murder of trees that made this self aggrandizement possible. Other candidates kept it to a minimum. Some, on the other hand, went so overboard, it defies explanation (including stuffingboxes with flyers, hanging flyers all over school, and offering candy to anyone who might be a potential voter). One has to wonder about the cost that some candidates are incurring in their quest for the pay-free offices they seek. I decided to take a walk around the school and take an informal count of what I found. I started on the stairwell between the third arid fourth floor, and counted from there, down to the Opinion office in the basement. I found that there were approximately...436 signs. The breakdown was as follows: - recall them because I likely discarded them I searched the recycling bin on the third floor, but could find no others that sparked my memory): - Betsey Snyder 1 full page, plus a 11/*1l /* inch mini-ad Brenda Torres -1 full page, lA page ad , plus 2 different 3 inch ads + lifesaver Tonya Guzman V 4page ad, plus one small package of skittles Brion Scudder - 2 page ad Considering that (due to election rules) there were virtually no signs around the second floor (except for the stairwell), that means that a hefty chunk ofthose 436 signs were on the third floor and the first floor. Also, not included above, was one candidate who made a several foot long banner on the first floor, and 2 dif- ferent candidates who felt obligated to write their campaign announcements in huge letters on chalkboards in at least 4 different lecture halls on the first floor. One candidate also hung a sign on Zakrocki A*6 l9 " Torres 118 the entrance door to the Student Union. Finally, one bold candiBrenda '™ Sn y y Betse der lB " Guzman date even hung their sign on the main entrance door to the 111 Tonya DavidPolak-8 Brion Scudder - 66 basement...right over a sign indicating that the door was a fire 'Art Vanelay ~7 exit!!!! 'Tracy Weir--30 Kirn Fanmff " ~6 Further, thanks to the stuffing campaign of the mailboxes, Melissa Golen 28 0 Rick Staropoli the third floor was a swamp of discarded ads on the floor. Fynch-25 Daniel * Write in candidate Quite simply, the school looked like a circus. We at the Opinion are not privy to information about where students did their copying, or how much they paid. However, if To add to this list, I received the following advertisements in my law school mailbox (I know there have been others, but 1 don't Continued on page 4 Editor in Chief S.A. Cole Staff: Staff Psychiatrist Pepito Gomez Columnist and Editor Ken Grant Kristin Greeley Layout Graphics News Dan Kevin Hsi Reporter Business Manager Baich Columnist Janis Randy Managing Editor I Cindy Huang Columnist Editor Joe Katie McDowell II Managing Huang - - Columnist Op/Ed Editor News Editor Russ Klein Sol Sandberg Web Editor Photographer Adam Perri Russ Klein Ken Grant The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �migration law WE GOTLETTERS! Dear Editor ofthe Opinion... I have become increasingly disappointed over the past week with the current SBA elections. I am bothered by two things in particular. First, the methods employed by certain candidates to solicit votes are childish and inappropriate for adults our age. Secondly, I wish that our student representatives were as visible and concerned about their constituents 30 days from now as they are today. The manner in which my soon to be student representatives have campaigned is reminiscent ofthe student council elections held in sixth grade. With the exception oflast semester's class director campaigns, the sixth grade was the last time I was bribed by candidates with candy! Likewise, the number and placement of election signs are an embarrassment to the professionalism that I thought the study of law embodied. While walking through O'Brian Hall this afternoon, I felt as though I was at a kindergarten art exhibit, not a law school. The need to plaster the Law School with election signs seems to me ridiculous not to mention completely ineffective. Usually this sort of thing does not bother me because I am able to ignore others and go about my business. However, I was compelled to break my silence after the discovery of campaign signs above the urinals in the men's bathroom. Not even one of life's most private acts is safe from the immaturity of some candidates. On a more serious note, not a single candidate has asked me about my concerns regarding any ofthe issues that will potentially face the next administration. The candidates appear to be more concerned with the mass distribution ofpropaganda than with what their fellow students think. I am saddened by the idea that these individuals will probably become my elected voice. I can only hope that once elected, these candidates will be as concerned about the issues that surrounded our legal education as they are with their campaigns. I would like to thank those candidates who have run a "mature" campaign. It is the integrity ofthose individuals that has earned my respect and vote, not multicolored campaign signs, letter opener, or breath mint. Jamin M. Alabiso, 1L supposed to serve and reflect the public policy interests ofthe United States. That is why spouses are given such preferential status, because the United States highly values family unification. However, in the absence ofwidespread recognition of gay marriages in the United States, gay partners should not be given a preferential immigration status. Gay rights advocates should concentrate their reform efforts in the domain of family law first and immigration law will follow. Additionally, according gay partners a preferential immigration status may cause innumerable administrative problems. As someone who has worked in immigration-related fields for over three years, I have seen the lengths aliens will go to gain some sort of legal immigration status. Marriage fraud is already a problem with regard to heterosexual marriages, as are other methods of immigration fraud, like document fraud. If we add a new category ofpreferential immigration status that can be faked, like gay partnership, it could lead to even more abuse and defrauding of the immigration laws. In sum, before enacting another preferential category of immigration status, gay rights advocates need to: (1) change the landscape of family law in the United States, (2) assess the need for such a category of immigrant status — are there really that many gay partners outside of the United States who desire to immigrate together?, and (3) study the effects of such a new immigrant category on fraud and abuse of the immigration laws. is Mike Cerrone, 2L Well-intentioned people keep complimenting my columns, mistakenly thinking that I am Russ Klein. Though Russ Klein is a gentleman and a fine writer, we are two distinct individuals. Remember: Russ Klein is tall and smooth. Russ Maines is short and lumpy. Russ Maines, 2L Editor's response: Just remember: I'm smooth! Smooth baybeee! And I got a black belt! Russ Maines: "Short and Lumpy" Russell E. Maines Russ Klein: "Tall and Smooth" This letter is in response to the article about the speaking appearance of Levy S. Soloway at the Outlaw dinner on February 28. Although I was not present at the dinner, I would like to briefly respond to some of the issues that Soloway raised. Soloway proposes that immigration benefits be given to the partners of gay individuals here in the United States. Specifically, Soloway proposes that gay partners be accorded the same p referential status as that of heterosexual spouses. As someone who is supportive of gay rights, I think that the proposal is a laudable one and should be enacted sometime in the near future. However, immigration benefits should not be given to gay partners at this present time because gay marriages are not recognized by almost every jurisdiction in the United States. Im- 3 �SBA Election Circus... Continued from page 2 one student wanted to hang 100 signs and stuff 660 law student mailboxes, were they to take advantage of Makin' Copies' deal of $005 a copy, the total price would be $38 JUST FOR THOSE COPIES! One can minimize their costs by using their own printer paper and cartridges, but paper and toner/ribbon are not cheap com- - modities. Add to this the cost of candy and trinkets that some candidates handed out, and you have a campaign that not only made the school look rather silly, but cost considerable money. I don't know about you, but I don't have the sort of money at my disposal that it would cost me to compete. Not only did the campaign degenerate into a battle of the posters and chalkboard self-promotion, but it also reached a realm of cost in dollars that many of us would have no chance of matching. This is blatantly unfair to the student body at large. Most ofthe law students I know live on extremely fixed incomes, largely determined by the amount of financial aid they receive this year. As things stand now (and with the precedent set by this year), should a wealthy person come to this school next year and decide to run for SBA office, what is to stop them from literally deluging the school in campaign signs, banners, a small plane or hellicopter overhead with a banner, and a free timex watch with his name on it in an effort to win the title ofSBA President, Vice President, Treasurer, or Parliamentarian? This narcissistic exercise must not be repeated. There is always talk on the national scene about how there needs to be election reform. I never thought I'd have to push the issue inside my law school. I recommend the following proposals be adopted immediately by the Student Bar Association for any and all future elections: * Eliminate all signs from the main body of the law school, put up only about six flyers that I could find, and Rick put up zero flyers that I could find. They have shown that an important race can be conducted based solely on their merits and candidate statements in the Opinion. Hopefully their model will be the one that is followed in the future. Lets not let the SBA election season become a festival of environmental destruction again in the future. This is a law school, and there is supposed to be a certain level of distinction in the halls. We are 1-Ls, 2-Ls, and 3-Ls...Not first graders, second graders, and third graders. -by Russ Klein, Op/Ed Editor In the Public Interest Names Its New Editorial Board by Sol Sandberg The current Editor-in-Chief of In the Public Interest, Jennifer Berger, recently congratulated the students who will make up the new editorial board for the 1998-1999 school year in a letter submitted to the associates of In the Public Interest. The editorial board for next year will be: Ken Grant, Editor-in-Chief; Fidel Gomez and Mindy Marranca, Executive Editors; Paul Gennari, Publications Editor; James Ross, Submissions Editor; and Stephanie Miner, Casenote Editor. Ms. Berger thanked the current board for their contribution to the 1997/1998 edition of In the Public Interest. Bar Examiner to talk to UB Law Students by Sol Sandberg and restrict them to the stairwells, or other more approriate areas. * Ban all candidates from putting campaign advertisements on any classroom chalkboard. * Ban all campaign advertisements from being anywhere near the SBA office. * Ban all candidates (and their helpers) from giving away campaign trinkets/food. As an initiative of the Career Development Office, Diane Bossey, a bar examiner, will come to UB Law on April 15 to give an overview to students on what they can expect on the bar exam. According to Scan O'Buckley of the CDO, Ms. Bossey will also inform students on what she looks for on the essays. At the meeting, Melinda Saran will be on hand to discuss reasonable accomodation for people with disabilities Forms for the bar exam are expected to be available then. Makin'ite-Happen * Ban all candidates from sending mass e-mail campaign advertisements. This is just a start of what needs to be done, and it does not make nary a dent on the campaigns of future SBA members. For one, the Opinion generously threw its doors open and offered any candidate thechance to make a candidate statement, and even made it easy for them to have a picture with their statement. This year, for example, all but one of the ballot candidates provided us with a candidate statement, and most of those also got their picture taken for the special SBA Election Insert we provided. Finally, while not singling out any one candidate for derision (this is not a personal grudge against anyone I like some of the people who I have criticized harshest), I would like to express praise of two candidates. In the Vice President race, Kirn Fanniff and Rick Staropoli have conducted themselves quite professionally. Kirn - SBA Election Circus... http;^iiigs.krffabediife>t)piniaii Continued next column 4 �UB Law School Gold Group Announces Call For Nominations S THE POTLITE by P>vO« PRESENTS KI.IIM ELECTION "SBA BLUES"4-6-98 by Ilene Fleischmann The University at Buffalo Law School's GOLD Group (Graduates of the Last Decade) announces a call for nominations for the "GOLD" Award, available to any third-year law student who has demonstrated leadership skills while enhancing the mission and reputation of UB Law School. According to Ilene Fleischmann, Assistant Dean and Executive Director of the UB Law Alumni Association, "This award recognizes students whoare already supporting the GOLD Group's mission: working to strengthen the Law School and its reputation. "There are many soon-to-be alumni who will undoubtedly be valuable members of the GOLD Group. This is our opportunity to thank them for their help." Law students, faculty, administrators and UB Law alumni are all eligible to nominate candidates. Self-nominations are accepted. Deadline for submission is Friday, April 17,1998. Nomination materials can be obtained in the Law School's Career Development Office. Anyone with questions may call Dean Fleischmann at 645 2107. The GOLD Group is a division of the UB Law Alumni Association and is comprised of UB Law alumni who graduated within the last ten years. Its purpose is to encourage and solicit participation and involvement by recent UB Law graduates in the UB Law Alumni Association and its programs and events, and to provide social and educational opportunities and facilitate the growth, integration and development of recent UB Law School graduates into the legal community. Law Review News... Continued from page 1 view member Corinne Carey case note will be included. Issue 46-2 is scheduled to be published some time in the summer. The Law Review is published three times per year. First year students can pick up ofmaterials for the Casenote Competition between 9 am-12 pm on May 16 and May 18. Materials must be returned on May 26 or May 28 between 9am and 12 pm. For more information contact the Buffalo Law Reivew. Admissions to Continue... Continued from page 1 municate with each other. This is especially the case, this year, since international applicants are now able to obtain the application by downloadingfrom the internet thus eliminating the need to order the application by mail. Exact numbers for current international applicants are not yet available. However, there is a strong impression in the Office of Admissions that international applications has increased significantly in the current year. The feeling in certain offices on the third floor is that the growth in international applicants can be attributed in part to the development of UB Law's internet website which now contains a wealth of information from the school catelogue and other sources accessible all over the world. Submissions to the Opinion are due Thursday by 5:00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). \SBA ELECTION '98 RESULTS ON BACK PAGE... 5 �The Dean Search Campus Apartments To Open In July by Dan De Federicis by Sol Sandberg "What is happening with the dean search?" is the question to two put faculty members on the Dean Search Committee on 1 Thursday. One faculty member commented that he had nothing substantive to say about the search, but he did say that the committee was busy coming up with a job description for the new dean. He referred me to Barbara Howe, the Chairwoman of the Committee for more information. Another professor, Sue Mangold, declined to comment on the committee's activities. Some students, however, are beginning to become more vocal about who they want as the new dean. One student group, the Latin American Law Student Association, announced recently that it would begin campaigning for a Hispanic Dean. UB Law has never had a Hispanic dean. Asked why she felt the school should hire a Hispanic to be dean, Allison Dunlop, the President of the Latin American Law Student Association, explained that there are no Hispanic professors or faculty members despitethe presence of other minorities such as African-Americans, Asians, and Women. Ms. Dunlop said that LALSA plans to circulate a petition calling for a Hispanic Dean. The new graduate student campus apartments should be ready for occupancy by July 1, according to Don L. Erb, Residential Facilities Manager of University Residence Halls. The 115-unit $8 million project features townhouse style apartments and is located off the northwest corner of the Amherst campus, near the intersection of Chestnut Ridge and Sweet Home Roads. Each apartment offers 2 bedrooms, 1-1/2 baths and contains many other practical amenities desirable to graduate students. "We tried giving them a comfortable, homey feeling, not institutionalized," declared an enthusiastic Erb. He proclaimed that this project was "very exciting for the university, very exciting for the students." There are two styles of apartments available. Most units will be a two bedroom, two story townhouse style. There will also be two bedroom handicapped accessible ranch units available. The prices will range from $710 for unfurnished units, to $725 for furnished. According to Erb, these prices are "very competitive" with other newly built townhomes in the Amherst area. Furnishings are limited to bedroom furniture, including dressers, nightstands, desks, as well full size beds with mattresses. Washers and dryers will also be provided, they will be installed on the second floor. There will be a maximum occupancy of 4 adults per unit. For students with children, 1 infant under 1 year of age can be excluded from the 4 person maximum. Variable lease optionsrange from 12, 18 or 24 months, with no increase in rents for the duration of the lease. Residents will be allowed to sublet during the summer. Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Erb advised that there will be many unique features to these apartments, which should make them desirable to the graduate/ professional student community. Each unit will have full communication hookup to the university computer system via direct ethernet connections, which Erb explained is 10-20 times faster than a modem. This feature allows students to use the computer without tying up their phone lines, allowing them more research options. Residents will also be able to access the community building located at the center of the complex. This building has a meeting room/social center which includes a kitchen, couches and a large screen television. Residents will be able to reserve this building for family, educational or social functions. Shuttle service will provide residents with transportation to the spine, which should certainly interest those with transportation problems, or those that don't wish to battle for parking spaces. Access will be limited to graduateand professional students, with an exception for married undergraduates. There should be a model available for viewing starting this week. Interested students who wish to view the model or obtain an application should contact the University Residence Halls at 645-3006. This should be done immediately, because Erb explained that occupancy will be on a first come, first serve basis. Erb stated that they would like to see a diverse group of students living there, including law students. "Oh, absolutely" Erb replied with a smile whenasked about the desire for law students to reside there. "We can't wait for them to challenge our lease." 6 �Credit Denial The Smoking Gun I guess my little letter two weeks ago stirred the pot enough to get me my own column. This way I can speak to all of you every week. Aren't you lucky?! Anyway, this is the second of the comments regarding the grading policies here at our fine institution. Why do we get grades based on arbitrary letters of the al- Do you suffer from credit denial? I do. Each month the credit card bill comes and I say to myself "Oh I'll deal with this next month." I scribble a check for the minimum amount and drop it in the mailbox. Bad idea. Let's say you are 30 years old and owe $3500 on a credit card with 18% interest. If you routinely make the minimum payment, when will you be debt free? WHEN YOU ARE 70 YEARS OLD!!! OK, you say, I definitely want to dispose of this credit debt before I am wearing Depends and spending my week nights taping Matlock reruns. I suggest taking action right now. Call your credit card company today and tell them that you want a better deal. Call the 800 number on back ofyour card and ask to speak to a representative about getting a lower interest rate. Here's a great opportunity to put those moot court skills to the test. If this is the first time that you are making such a request, chances are that the rep will check your record and offer you some break on the rate. I rehearsed and rehearsed before I called only to find that the representative was willing without a peep from me to lower my interest to 9.9% for six months. If you have more than one credit card you might want to think about consolidating. Call each company and explain to them that you are interested in finding out how to go about transferring a balance from another credit card. This is a great opportunity to renegotiate the terms of your card. I took advantage ofthe transfer balance to get my six month 9.9% interest rate promotion extended for sixmore months. The representative will lead you to believe that the rules are set in stone and that even a talk with the supervisor will get you nowhere. Not so! Always keep in mind that these companies will bend backwards to make flexible payment plans for people who default on their payments. So why shouldn't they be as flexible with customers that do pay their bills on time? phabet? On a recent interview I had a difficult time explaining to the interviewer that No, I wasn't a disabled student and No, I wasn't taking the course pass/fail and Yes, that Q gold star really is a grade. 1 mean I thought that gold stars were for third graders. Additionally, why do we even have this system when the conversion chart to a normal grading system is on the back ofthe transcript. Relax students, a Q is really a B, not a C. The companies arid firms we eventually work for convert the grades anyway, as by the way does CDO when speaking to employers, so what really is the point. Companies cannot evaluate students as compared to students from other schools based on our modified pass/fail system. Yes, let's admit reality, every class is basically a pass/fail class with few exceptions. The school likes to believe that the grading system fosters a less competitive environment and that the system is modeled after the one at Yale. Let's be realistic though, we are NOT Yale. Yale students do not need to go and find jobs, they are "recruited." Additionally, at Yale students are afraid to sign their names on writings that may be controversial and may be held against them 30 years later when they are running for office. Yeah, not competitive!! Finally, whatis wrong with a little competition, it is the basis of the free market system. It is what has made this country great. To my recollection, communism lost! My point to all of this is a simple message to the powers that be. Let's scrap the "alphabet soup" system and adhere to the deadlines for grade submission. It will allow students to understand where they stand in relation to each other. by Dan Baich by Randy Janis The New Fourth Branch of the U.S. Government necessary for this? If a Constitutional amendment is necessary What's happening with this Kenneth Starr character and his position as special prosecutor? I don't recall the U.S. Constitution creating a fourth party to participate in the checks and balances within our government. Historically, one ofthe main reasons for the U.S. government's success was the balance ofpower and vulnerability to checks from each branch of government. However, now the executive branch is under much greater scrutiny than the legislative and judicial branches. Why is the executive branch being singled out and assigned a fourth party which sole function is to investigate for grounds for impeachment? Surely, the executive branch is not the only branch susceptible to corruption. Therefore, shouldn't we assign a special prosecutor to each Congressman and each Supreme Court Justice so as to restore the balance of power? Wouldn't that create a fourth branch of our government, or at the very least, greatly expand the power and influence of the judicial branch? Isn't a Constitutional amendment to do this to the other two branches of government, why isn't it necessary to do it to the executive branch? I ask these questions because the existence of a special prosecutor which sole function is to investigate one branch of this government, without corresponding prosecutors assigned to the other two branches of government, seems to upset the principle of checks and balances demanded by the Constitution. If such a central principal of the Constitution is so easily extinguished - - how safe are the others? by Marc Perrone 7 �K bIcinhe omedie! — Hitler shows up at an Aryan Nation meeting and tells them they're all disgraces to the White Power movement ("If I see any of you on Cops again, you're going back to the Brown Shirts! Schnell! Schnell! Kartoffelkopf"). — Hitler (the "Aryan Barbarian"***) takes up pro wrestling and gets super-slammed by a tag-team group of wrestlers made up of "The Pink, Triangula! Madma3," "TluNhrowing Star ofDavid," "The Gypsy of Death," and "The Pissed Dissident." — In a special all insane-tyrant tv drama, Hitler, Stalin, and Mussolini show up in an orphanage as ghosts who have to perform good deeds in order to save themselves from the fires of hell. Then Michael Landin from Highway to Heaven show up and beats them senseless. You'll notice that last one mentioned Stalin and Mussolini. Good news for all who want to display their knowledge of history, current events, and their cutting-edge wit-this type ofhumor works with almost any mass murderer, notorious bigot, or basic psycho. Usually, the more people who have been killed, maimed, or wronged in some hideous fashion, the funnier it is you'll be. Conversely, mentioning anyone nice is what we call a "comedy killer." To be funny, avoid all mention of Mother Theresa, Princess Diana, Jesus, or those two girls who were on the news last week as courageous conjoined twins. Unless, of course, you do something hideous to them, like splicing their face onto Pamela Anderson's body, pointing out that one can take being all over the press a little too far, making jokes about looking like a Dead Head, and suggesting that David Copperfield saw you in half, respectively. But Cole, you might say, in order to be funny does one have to be truly tasteless? I mean, this stuff is sick! Is it really necessary? Of course not. If you don't like this kind ofhumor, there's a wide variety comic styles out there that could be for you. Most of them involve the questions "What marketing genius came up with that one?" and, "Who thought that was a good idea?" Many people find this funny; I don't, but then again, who wants to work on the same comedic level as the chick who finds humor in Hitler? A recent NPR report discussed scientific research about the function of laughter in human society. "All humans, all over the globe, laugh the same way," said researcher Dr. David Provine. "But most laughter is in response to commentary that sounds like the dialogue on badly written sit-coms." The researcher has followed people around for years, listening to them talk and laugh, and came to this conclusion: "Most laughter follows commentary that isn't very funny." Dr. Provine went on to explain that laughter designates one's position in society. A laugh with the boss levels out the power structure, a shared laugh with a group let's everyone know that they are on the same wavelength. Laughter is the result of the finelytuned human nervous system; in many ways, we are sensitized to more than we need to percieve in order to survive, and the effluvia of this perception is the laugh. I took from this report two messages. One: I am right to think that, despite the laughter surroundContinued on page 10 My freshman year of high school, I discovered two things. One I would later abandon as too irritating to be used any more than sporadically, and the other I would cling to as too irritating to be used any less than regularly. The first was make-up. The second was a revelation, a truism realized by modern society's prophets from the dawn of the mass media entertainment industry.* The revelation? Hitler is funny.** Used properly, Hitler is really funny. Before you read the rest of this, please let me impress upon you that I am all too aware that finding Hitler funny is not a nice thing. But also, let me assure you that the conclusion of this article contains a profound and totally unsubstantiated insight into the human mind that makes my whole theory sound legitimate. That 1 am totally unqualified to make such a psycho-socio conclusion is just something you'll have to ignore. Correct me if I'm wrong, but the following block of text isn't very funny: Sam came home from the bar depressed. He sat down at the table in his living room, patted his dog, and considered suicide. After all, he always wanted to be an artist; it was just that his career got in the way. He wondered if the world would be any different if he were to die. Eventually, however, he just took a shower, played with his model train set, and concentrated on a camping trip he was planning when he traveled to Poland the next year. Then he put on some lacy underwear. This seemed to perk him up. Okay. Now merely change that first word to "Hitler." And there you go! Comedy! [No; don't keep reading. Really do it-go back and read it again. If you don't, you'll mess with theflow of myarticle, thereby tinkering with the space-time continuum and causing our galaxy to fold itself into a black hole; this would of course result in the complete extermination of mankind. Now. You don't want that, do you? Then you'd be worse than Hitler. So just go back and read] [Okay, if you haven't read it again and insist on going forward, just remember, I warned you, O Savage Annihilator of the Universe] Ha ha ha Wasn't that funny? Yes? No? Hmmm. Maybe you're more of a neo-classical surrealist. Let's try this one: Tcntl) of mi 'Jlbci-ninu A one-act play by Tennessee Schmidt / The set is bare, with one crate on the edge of stage left. HITLER enters. He is carrying a gun. HITLER: Boy, this orange sure is going to taste good. Mmmmm....Florida fresh! He tries to peel the gun and shoots himself in the head. Wasn't that wacky? Hitler is just one endless source of amusethat you've seen how it's done, imagine for yourself the following scenarios: Hitler goes to grad school and ends up in a Black Women's class. Studies ment. Now — 8 �Ich bin em Komedie... Continued from page 9 ing them, most people just aren't that funny. In fact, most people have the lively good humor of a dead animal in the road (not the squished, bloody kind — now that's comedy). Humor is of course a matter of individual taste; speaking as a an individual, laughing at the weak jokes ofthe average Joe makes me feel like I'm trying to swallow an old piece of shoe leather. With gum on it. And dog doo. Two: People laugh at horrible things because their nerves have no other way to process the magnitude, significance, or horror of what they percieve. Hitler: responsible for the death of millions. I go through life, every day, knowing that this happened. I can't ignore it. I can't think about it all the time (boy, would that be a bummer). So I process it via humor — and most people laugh with me. I think this relation of humor to tragedy, to monstrosity, is why comedians often kill themselves, or at least work dilligently at their own distraction. Two of the funniest people this country has ever produced, Lenny Bruce and John Belushi, died while injecting themselves with pain and misery (oh, yeah, and a little bit of heroin, too). Bruce and Belushi died in a world that gave them everything...money, fame, and—all-important to a comic— a willing, delighted audience. But they needed something to maintain their proximity to tragedy — even as they overcame beginnings that were less than idyllic. Keeping in touch with the rough side of life is how many comedians keep the edge on their humor (I, personally, stabbed myself repeatedly in the shoulder, with a fork, to crank out those Hitler jokes up there). Drugs and self-abuse were what Belushi and Bruce inflicted on themselves to keep in touch with tragedy and comedy. On they other hand, they probably would have found the profound words etched above screamingly idiotic, ridiculous, and eminantly mockable. "She coulda ended that article on a funny note....but noooooooo," would have snarled Belushi. "What's this, some sorta profundity, some sorta beatnikwannabe schmaltz! I don't got time for this. She don't use enough cuss words," and then Bruce would have said what he later referred to in court as "blah-blah-blah." Anyway, remember: Hitler, funny. Tragedy, funny. Life, tragic. Life, funny. Thankyouverymuch. — S.A. Cole * See Chaplin's film The Great Dictator, Mcl Brooks'The Producers, yada yada yada.... ** Ha! Made ya look! Made ya look! ***Yes, I stole it from Saturday Night Live. And I suppose you never ale grapes at the supermarket? THE OPINION WANTS YOU! - Yes, thats right YOU! All submissions due by spm Thursdays, in our basement office. Give us your columns, cartoons, poetry, and even letters to the editor. Work with the most unique staff in the law school! (or leave a note in box 95 or 27 your choice) Top Ten Things Overheard During Perspectives (10) "I'm soooo glad they dragged me in here on a Friday to hear this enthralling lecture." (9) "I don't think this is quite what the A.B.A. had in mind." (8) (programs) "click" (Accessories) "click" (Games) "click" (Solitaire) "click" (7) "Zzzzzzzzzzz" (6) "What time is it?" "3 minutes from the last time you asked." (5) "Oh boy! Another mock hearing!" (4) "Is he wearing the same clothes again?!" (3) "That last written assignment was very worthwhile. Now I have something to line my birdcage with." (2) "What was Olsen smoking when he came up with this crap?" (1) "I have to go for a walk to the Uhh bathroom. Be back in 40 minutes." .. . . .. by Dan De Federicis When Did Our Tuition Go Up?* Year Tuition 1887-1888 1918-1919 $100. 1921-1922 1927-1928 1947-1948 $200. $250. $300. $350. $400. 1951-1952 1955-1956 1957-1958 $500. $600. $880. 1937-1938 1938-1939 1960-1961 1963-1964 1972-1973 1976-1977 1979-1980 1981-1982 1983-1984 1986-1987 $150. $1,000. $800.** $1,600. $2,000. $2,200. $2,500. $3,150. $3,214. »** 1995-1996 Spring 1997 $6,100 $7,350 �Source-University at Buffalo Law School-100 Years 1887-1987 **tuition seems to have gone down for this year. * * *date for 1988-1994 unavailable at press time. - 9 �_ | TN ro i M Tm/ / KTiJL __■ \ C3£B*£ 1 wooc, s^^^yj^\%&fr VW?7 pLf^£. , i»tt»n» M.aNxnc, flNi> «<J- You. &ri\s<\ ')j f - , (< j JCh . ( Iltstcm, s // ISAA 1I I a* ~,_,. *** ******** 1 �Abasement free newspaper the ~~r ~l <o age atomic the 6 c k c r HALL MOOT X)URT - 1 LOCKERS s~ rr~ \ W iHH— m m < X for _i THE STORAGE AREA I < x OPINION OFFICE 11 $ § M N �SBA Election '98 PRESIDENT number of votes Tonya Guzman Brenda Torres Melissa Golen Dan Fynch 175 88 51 17 VICE-PRESIDENT Kirn Fanniff Rich Staropoli 159 157 TREASURER Betsy Snyder Brion Scudder David Polak 141 85 80 PARLIAMENTARIAN Andrew Zakrocki Tracy Weir 239 42 Nathan Van Loon: Taking ballots, SBA Election '98. ■ $10 Student Activity Fee Increase Yes 191 No 147 Joe Reynolds, 3L: Soon to be Vice President Emeritus. Preparing himselffor the task of tabulating your votes. half an hour before the close of i The Opinion is seeking staff members for next If you think you've got what it takes, please contact S.A. Cole year. or Russ Klein. Translation of our Latin Motto: "Cthulhu2ooo: Why Settle for A Lesser Evil?" 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-04-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 14 06.04.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/6/1998 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b21e037082d24d0f0895df6924c7bd35.pdf 99622e2ce3296d5b748f47630feb2302 PDF Text Text OPINION Vol. 38, No. 15 "Vi veri veniversum vivus vici." 4.13.98 Buffalo Environmental Law Journal Holds Conference by Kathleen M. Bennett On Saturday, March 28,1998, the Buffalo Environmental Law Journal held its first annual symposium on the "Increasing Conflicts Between Deer and Human Populations in Suburban Areas." Approximately 70 people attended the conference from across Western New York and Ohio, including various Town Board members and employees of state agencies. The purpose of the conference was to educate policy makers and the public at large on options available to manage suburban deer populations. The conference explored the evolution ofthe deer problem in general and in Western New York in particular. During the days when Western New York was primarily farms, deer were scarce as, habitat was insufficient. However, after World War 11, when many farms wereabandoned, brushes and shrubs began growingand deer returned to the area. As more of Western New York became developed, deer and human populations began to conflict. The conflicts that arise between deer and humans include deer/car collisions and destruction of gardens and other landscaping. Managing suburban deer populations can be done one of two ways - lethally or non-lethally. Speakers at the conference examined both. John Hadidian, from the Humane Society of the United States, talked about non-lethal management techniques including education, tolerance, roadside reflectors, and deer repellents for shrubbery. Dr. William Porter, from SUNY College of Environmental Science and Forestry explored the Immunocontraceptive solution to deermanagement. IC works by darting a deer witha tranquilizer, then injecting the deer with a contraceptive that will prevent a doe from becoming pregnant. The does are also tagged so that they can be identified. The doesalso need periodic booster vaccinations. Continued on page 4 Securities Conference in Buffalo New York State Bar Association Law Student Council Members Meet in Albany. by Cheryl Nichols by Sol Sandberg Whether you have a diversified investment portfolio or two shares of Disney stock, you won't want to miss an investor education conference Saturday, April 18 at the University Inn and Con- On Saturday, April 4, law student representatives of the 15 law schools in New York State met in Albany, the state capital, to discuss ways they can better advocate on behalf of law students and improve communication between law schools. The law student representatives are members ofthe New York State Bar Association Law Student Council. TheLaw Student ference Center, 2401 N. Forest Rd., Amherst. Sponsored by the University at Buffalo's Securities Clinic and the Gerald and Sandra Lippes Endowment for Entrepreneurial Law and Strategy, the conference will begin at 8 a.m. and continue through 5 p.m. Registration deadline is Tuesday, April 14. To register, call 645-2167 or 645-2091. Breakfast and lunch are included. SUNY law and school of management faculty and students are admitted free of charge, but pre-registration is required. Topics will include investing for retirement and education, factors to consider before investing, how taxes affect your investment strategies, the Roth IRA, how capital markets operate and Continued on page 5 Inside... BPILP Announces Fellows Racism At UB Law. Netanyahu v. Arafat mini golf battle royale Big Opinion Survey. ...Plus more of the Vast Right Wing Conspiracy. -- Continued on page 4 1 5 7 8 11 �Editorial: Bar Review Rip Off Unquestioning compliance is often as bad as the horror it subjected to from the third week of our law school career until submits to. To pick an example of this truism at random, let us the day we break down, cowed by the thought of flunking the bar, examine the open-mouthed wonder with which most law students broken by the prospect of those who have 1,500 extra dollars willingly entrust themselves into a Bar "Prep" course. Then, let us kicking our butts. examine why, in the face of almost unilateral student participation, Just sign here on the dotted line, lock in your low, low such a course is not provided by law schools. price, become a rep, and sucker ten other people into doing the Upon entering law school, lL's are given a 3-week same thing. It's like an expensive chain letter, or better yet, a moratorium on the hellish hawking and puerile pitching that promote very legal pyramid scam. Bar preparation courses (let's pretend there's more than two, shall On the upside, most "prep"agenda table workers are we?). For those three weeks, the embryonic lawyer is confronted usually ready with a wide, shiny, almost-sincere smile, which is with torts, hassled with contracts, but at least is engaged in the sooo uplifting when you're having a bad day and just want to be pleasant process of being shown all their shortcomings. They left alone. Generally, these people are also armed with a highwander through that month studying, debating, and (probably) energy snack to make you feel better after you sign your life away drinking, confident that whatever particular hell it isthey are going to them. And the sugar rush from all that Kool-Aid made mass suicide easier for those Jim Jones followers, too. through, at least there's a prize at the end. Then the three-week armistice ends. Upon termination of In fact, surely it is the prospect of losing out on pens, this commercial cease-fire, the 1Lis confronted withthe stark reality mugs, painted objects that look like mutilated sponge regarding their particular legal institution: three years herejust ain't contraceptive devices, and, of course, caring efforts of enough. salesmanship, that is a large part of why law schools across the Picture a Ph.D. candidate on the brink of receiving their country don't kick out the prep courses and have bar classes of doctorate. Just as their tassel is about to be turned, however, a their own. Also, the chance ofmissing out on significant kickbacks salesman holding a plastic mug jumps in front of them and says, is no doubt an added incentive. Look who's sponsoring our new student lounge. Look "Hey hey hey! You don't want to get your PhD without help from Dr/Dre six-week courses! Oh, sure, you can try to be an English who underwrites social events here. Ask your SBArep howmuch professor withoutthem, but didthey really teach you how to diagram money the school receives from Bar/Bri. Then ask yourselves a sentence in your 'Late Victorian Poetry of the Mauve Boudoir' where that money comes from. class? No! Ofcourse not! You were only on school for three extra The school would never want to undercut the business years...." of such a generous provider. To offer a bar course to those who Now. Wasn't that ridiculous? And yet this is what we are Continued on page 3 Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang Staff: Pepito Gomez Columnist News Reporter Columnist Columnist Columnist Russ Klein Web Editor News Editor Staff Psychiatrist Kristin Greeley Kevin Hsi Randy Janis Katie McDowell Adam Perri Sol Sandberg Photographer Russ Klein Ken Grant The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece Writer. Submission deadlinesforall articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not prim libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �Editorial... Continued from page 2 can't afford it, or don't like the two options they have to choose from, would gouge out a lot of potential customers. So they don't offer us a bar course for 3Ls to take in their last semester. By doing this, law school contributes to the virtual monopoly that Bar/Bri, and it's sickly half-cousin, Peiper, have on the industry. By forcing you choose one of these options, by not offering you an alterative in the cumciijurn. the monopoly is virtually fool pretrfr""" And we're the fools. I encourage you to speak with a Dean or a faculty member and urge UB Law to introduce a Bar Review Course into oup curriculum. —-— --S\X~Crnr by Ross tntmgTf oft*. "LESSONS EVEDENCE" FROM L Klein HJ^' WE GOT LETTERS! Dear Editor of the Opinion... Dear Fellow Students, Thank you very much for electing me S.B.A. Treasurer. I am looking forward to the upcoming year.. I hope it will be a profitable one. Thanks Again. Betsey Snyder, 1L Thanks to Sol Sandberg for updating the law school community as to events and updates regarding the Buffalo Law Review. Sol's article, however, neglected to recognize Brian Eckman as the coordinator of the Law Review Symposium, "Law, Sovereignty and Tribal Governance: The Iroquois Confederacy." Brian should be recognized for his tremedous organization and coordination of the Symposium, which attracted more than 300 people. Theresa Merrill Dear Faithful Opinion Readers: Due to upcoming finals, next week will mark our last issue of the Opinion for the 1997-1998 school year. If you have any announcements, gripes, kudos, or money you would like to offer us, that issue marks your last chance for the 1997-1998 school year. Of course, we will be back next year, better than ever (if there is anything that actually needs to be improved ;-). Thanks, "the editors" TOWN MEETING! The Student Bar Association presents their first annual Town Meeting on Wednesday, April 15,1998 from 12-2 PM. This is a great opportunity to talk to our law school admin- istration! I 3 For $5.00 your name could be bere. Think aboul il. �Buffalo Environmental... Continued from page 4 One concern some people have with IC is the safety of the deer meat for human consumption. However, the concern appears to be unfounded as the contraceptive is safe for human consumption. Jim Snider, a Senior Wildlife Biologist with the DEC, explored Bait and Shoot. Under Bait and Shoot, the DEC issues a deer damage permit to a Town, or an individual, to place bait and shoot deer who are causing damage. If the permit is issued to a town, police sharpshooters usually do the shooting. The DEC, typically a pro-hunting organization, has now taken the position that some combination of Bait and Shoot and IC will be necessary to manage suburban deer. Amherst, NY is one area that has a significant problem with deer. At its peak, the deer population in Amherst was approximately 1116 deer. The latest arial count performed by the New York State Department of Environmental Conservation was approximately 733 deer. Amherst attempted a bait and shoot program in 1995 and 1996. The meat from the deer that were killed was given to the local soup kitchens. Amherst was forced to abandon its bait and shoot program following a lawsuit filed by homeowners whofavored a non-lethal alternative. The homeowners claimed that the Town failed to comply with the New York State Environmental Quality Review Act (SEQRA) prior to beginning their action. SEQRA requires an environmental impact statement (EIS) to be prepared for all major actions that would have a significant negative impact on the environment. Since the Town failed to prepare an EIS to explore the impact of killing a significant number of deer, the bait and shoot program was halted. Recently Amherst has tried to implement IC in the Great Beahre Swamp. However, the hunters filed a revenge suitclaiming that once again the town failed to follow SEQRA because they did not complete and EIS. The judge agreed and put a halt on the IC project. The town is now planning to complete an EIS to continue the IC project. Conflict and division still exist in Amherst between proponents of bait and shoot and proponents of IC. Richard Matwyshen, the impartial facilitator for the deer task force in Irondequoit, NY spoke abouthow he worked to bring these different groups together to reach a solution for Irondequoit, NY. Amherst and other towns could learn an important lesson from Irondequoit. The lesson to be learned from the conference is that education and tolerance is an important first step to developing a management strategy for suburban deer. People must learn to compromise to achieve a solution that is both successful and acceptable to most people in that community. Until that time conflicts will continue and both the human and deer populations expand. Anyone interested in learning more can read the proceeding of the conference which will be published in Volume 5, Number 2 of the Buffalo Environmental Law Journal which is scheduled for release in July 1998. Submissions to the Opinion are due Thursday by 5:00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Securities Conference... Continued from page 1 are regulated and how to resolve securities brokerage ccount dis- putes through arbitration and mediation. Securities fraud, including fraud on the Internet, will be addressed at the noon luncheon by keynote speaker Edwin H. Nordlinger, deputy regional director for the U.S> Securities and Exchange Commission, Northeast Regional Office in New York City. Special guest speakers and topics will be Valeric Bailey Johnston, senior attorney, National Association ofSecurities Dealers (NASD) Regulation, Inc., New York City, on "Dispute Resolution Through Arbitration and Mediation" and David R. Robbins, Esq., of Kaufmann, Feiner, Yamin, Gildin & Robbins LLP. Author of the "Bible" of the securities arbitration law, Robbins will discuss "Evaluating Your Securities Arbitration and Mediation Case." Speakers from UB and their topics will be Joseph P. Ogden, Ph.D., chair of the Department of Finance in ÜB's School ofManagement, on basic factors to consider before investing; and Cheryl C. Nichols, Esq., clinical professor at UB Law School, on "The Regulatory Framework of the Securities Market." A panel on general investment opportunities moderated by Ogden will include Suzanne M. Novelli, financial consultant with Moldenhauer and Associates; Patrick J. Carmody, Ph.D, Private Client Group, Merrill Lynch; and David E. Mickey, investment executive with M&T Securities Inc. Donald G. McGrath, Esq., of Falk & Siemer LLP will moderate a panel on investing for retirement and education. Panelists include Ann Burstein Cohen, CPA, adjunct assistant professor of accounting and law, UB School of Management; Stephen Horan, Ph.D., St. Bonaventure University, Olean. Ogden and Nichols are co-directors of ÜB's Securities Clinic, one of three in the nation and the only one to have an investment and education service. The clinic is a collaborative program of the School ofLaw and the Graduate School of Management. It will become fully operational in the fall and is one of three pilot securities arbitration clinics sponsored by the U.S. Securities and Exchange Commission. Drug Policy Discussed by Sol Sandberg "Prison Building and Current Drug Policy in America: The Costs and the Impact" was the title of a panel presentation held at UB Law School on Thursday April 9. The panel was moderated by UB Law professor Charles Carr. The panelists were Bruce Wright, a retired New York Supreme Court Judge; June License, from the American Studies Department; James Ostrowski, attorney and civil libertarian; and Gil Kerlikowski, Buffalo Police Commissioner. The event was sponsored by a broad coalition of law organizations, including the Black Law Student Association and the Concerned Citizens Against Police Abuse. http://wings.buffalo.edu/law/opinion 4 �New York State Bar... Continued from page 1 Council is a committee of the New York Bar Association formed to foster inter-school communication and collegiality, provide a forum for the expression of law student views, conduct educational, professional, and social programs, and promote student membership. The meeting, held in the Albany Omni Hotel, was one of the three meetings held per year by the Law Student Council. In attendance at the meeting was Richard Staropoli, a IL, SBA Class Director, and active member of theLaw Student Council as Vice-Chairman for the Upstate region. Mr. Staropoli provided the Opinion with the following examples of how the Law Student Council planned to advocate for law students and improve interlaw school communication. He also described in a general way what took place at the meeting and what issues were discussed. Regarding the drive for a Loan Repayment Assistance Program, an issue which has received increased attention recently at this school, Mr. Staropoli indicated that he and other Law Student Council members planned to communicate with each about the various Loan Repayment Programs in existence at their own schools to learn how to implement a Loan epayment Program. He also said that the Council was going to establish a bond with the Dean's Council, the Council created by the strong New York State Bar Association comprising of the 15 state law school deans. In addition, Mr. Staropoli mentioned that members of the Law Student Council listened to Dean Patrick Borchers of Albany Law School give a dean's perspective on some of the issues facing law school such as curriculum, grading systems, and tenured faculty. One internal issue, explained Mr. Staropoli, which Council members had to grapple with at this meeting was the lack of consistency among state law schools in the choosing of representative members for the Law Student Council. According to the bylaws of the Student Council, of the two representatives from each school, one "shall be elected or appointed by his SBA". The other, according to Staropoli, is chosen at large. The problem, it seems, isthat there is a difference to a large degree in the amount of interest in joining the Law Student Council among various schools In some schools, studentsare clamoring to be on the council, while in others, there is little interest, and the Council even needs to send letters to the deans announcing the vacant position. Mr. Staropoli said the Council is rewriting its bylaws to reduce some of difficulties associated with the inconsistency in choosing Council members. Currently, there is only one representative member of the Law Student Council for UB Law, Lisa Primerano, a 3L. Earlier this year, Richard Staropoli was designated by the SBA to be a student representative but he recently gave up this post to become vice chair for the Upstate region. Students from a particular law school can also serve on the executive board of the council with out being representatives as does Staropoli and Scott Bylewski, a UB 3L, who is the ouncil's chairman. According to the Law Student Council Handbook the main responsibilities of Law Student Council members are to: Communicate and promote the New York State Bar Association and law student discounted membership, publicize and advertise law student competitions and award programs sponsored by the New York State Bar Association, set up and staff a membership table to distribute information and membership applications, advise the student body of his position as representative and promote communication with the student body, assess the students' needs and determine how the Bar Association can assist students in their endeavors, contact student groups about co-sponsoring programs and attend council meetings. Mr. Staropoli said notices will be posted requesting resumes from students who are interested in becoming members of the council. After the Albany meeting, according to Staropoli, he and Ms. Primerno met with Dean Barry Boyer to consider "how the Council's representatives can better advocate for students at UB". One of the ideas they came up with was to have one of the deans serve as a liaison to the Council representatives. BPILP Announces Fellows The Buffalo Public Interest Law Program's 3rd Annual Auction was held at the Birge Mansion in downtown Buffalo, on March 27th. A record crowd of 220 attorneys, students, and professors attended the auction. Their bids on items,ranging from wine tasting parties with professors to sabres tickets and artwork, helped BPILP to raise a record of $13,500. All monies raised go directly to fund summer fellowships for students to practice in the public interest. BPILP is proud to announce the 1998 fellowship recipients. This year's application process was extremely competitive and much more rigorous than in past years. With over 38 applicants, the reading committee of faculty and community public interest members had a very difficult task. Applicants were anonymously judged on: the value ofthe proposed internship to the community, applicant's committment to the public interest through BPILP, the possibilities of outside funding and the readers' discretion ofthe application. This year BPILP is sponsoring four full summer fellows, three lOLA (Interest on Lawyer's Account) fellows specifically for work with NY State Legal Services Corporations and two summer grants for part-time work. In addition BPILP co-sponsors three fellowships in conjunction with SBA and three student organizations. The Co-op fellows will be announced following SBA approval. The 1998 BPILP Summer fellows are: Kimberly Forte, 2L, who will be working at the Juvenile Justice Project of Louisiana. Carolyn Goodwin, IL, who will be working at Greater Boston Legal Services. Matthew S. Lerner, 2L, who will be working at the Equal Employment Opportunity Commision in Washington DC. Mia McFarlane, 2L, who will be working at Children's Legal Services in Boston, Massachusetts. The 1998 BPILP/lOLA Summer fellows for work at a New York State Legal Services Corporation are: Thomas Glynn, IL, who will be working at Neighborhood Legal Services in Buffalo, NY in the Housing Unit. Continued on page 9 5 �ANARCHIST THE russen kelby Misc. Ramblings... - THE VENDETTA TRIALS this little technicality it has started using civil rights laws to pursue its prey. Thus, Rodney King's assailants were charged with violating Rodney King's civilrights. Lemrick Nelson was charged with violating Yankel Rosembaum's civil rights. Unfortunately for the government, they have betrayed their hand by showing how and when they will use this awesome power. That is, these sorts of trials have only been invoked when the state has lost its own trial. There was no talk during the first Rodney King or Lemrick Nelson trials of federal civil rights charges. Only when LA erupted in flames and NY City sighed with disgust following their respective cases, did the federal government elect to begin federal process. That is a vendetta trial. If the was really concerned with dealing with the supposed civil rights violations, it wouldannounce its intent to pursue a trial as soon as the incident happened. Not only that, these trials were basically the federal government succumbing to public will. Lets call it utilitarian justice. Is this the sort ofjustice system we aspire to? The fact is, the government has devised a trick ~ jurisprudence Tom Foolery ~ in order to try people already judged not guilty. Once the state loses, it is supposed to be over. Res Judicata. Collateral Estoppel. All those groovy things they teach you in Civil Procedure - well, double jeopardy is the criminal version of those concepts. If these civil rights trials are not a violation of the letter of the law on double jeopardy, then they certainly (especially the manner in which they are applied) are a violation of the spirit of double jeopardy. Or, if you will, they are government vendetta trials. When the jury in California voted "not guilty" to conclude the trial of 4 police officers connected withthe Rodney King beating, many in America decried this as a great injustice (in fact, as we all remember, it precipitated one of the largest riots in American history). When the jury voted "not guilty" to conclude the trial of Lemrick Nelson, supposedly involved in the murder of Yankel Rosembaum during the Crown Heights Riots, many in New York City decried this as a great injustice as well. In both cases, the accused were later tried on federal civil rights violations. The two police officers deemed most responsible for the Rodney King beating were convicted and sentenced to several years in prison. Last week, Lemrick Nelson was convicted and sentenced to nearly 20 years in prison. Perhaps part of the problem is that in both cases, the seem so overwhelmingly guilty. There was the video tape accused ofthe Rodney King beating (what better evidence can you offer in court, than the actual alleged crime taking place on video tape?). Lemrick Nelson was supposedly caught with the bloody murder weapon, identified by his murder victim before he died, and finally confessed on more than one occasion. Sounds pretty solid to me - open and shut, if you will (especially ifI were a public spectator prone to believe every single fact presented to me in the news as the only evidence in existence). Yet, these two seemingly disconnected cases offer the most disturbing proof that there is something wrong with our system of ABORTION IT IS "criminal justice." double jeopardy? There are a couple ofthings about theabortion arguments I mean, doesn't this sound a bit like The problem is, that supposedly double jeopardy was that really bother me from both sides. intended to prevent the state from trying an individual for the same First, from pro-choice/abortion on demand types. When crime twice. But it doesn't (the way the courts seem to interpret it) does life begin? Its clearly illegal to murder a child the second prevent another state, if they believe they have jurisdiction, from after its born. What about the second before its born? Five minutes also trying a person. before its born? The day before its born? A week before its born? But there is a big problem. Federal law is not the same as Two weeks before its born? Etc., etc. Obviously you see the state law unless the person you just killed was a federal agent, slippery slope pattern. We (Cole and I) were discussing this in the you can't be triedfor federal murder. This is why alleged Oklahoma Opinion office. When thefetus becomes viable outside the womb? City bombers Timothy McVeigh and Terry Nichols were only With machines or without? Second, from the pro-life groups. Many pro-lifers I know charged with 8 counts of murder, rather than 168 counts of murder ~ because the federal government had no jurisdiction except when of will say 'no abortion, except in the cases of incest and rape.' the victims were federal agents (killed in the line of duty). Huh? What is that supposed to mean? Is the fetus suddenly So the federal government has found a way to circumvent Continued on page 7 - . - — 6 �Misc. Ramblings... Continued from page 6 somehow less human or not worth the life if its conception was via some horrible incident? It just doesn't parse out (and this is aside from the obvious problems with the pro-life yet pro-death penalty types). Just some thoughts to chew on regarding abortion and life and death (yes, that approximately ten page abortion insert in the Spectrum was what inspired me to this). WE ARE ALL PROSTITUTES ANYWAY Can someone tell me again why prostitution is illegal? I don't understand it. Basically, its like society judging that an just act is immoral (based no doubt on religious hocus pocus), and then making that act illegal without having any real justification. Sex between consensual adults is legal (well, unless you were to perform consensual sodomy in some states). The fact that two consenting adults perform a legal act, in exchange for money, would seem to be the epitome of the American capitalist system! Besides, when you think about it, we are all prostitutes. We all sell ourselves, our time, our bodies for money. We just call it work and don't demonize it because it isn't as morally offensive. Well, let me tell you. I would find it a greater moral offense to work in the military arms industry than I find prostitution. Or is it that we are just afraid of the subconscious thought an of act generally thought to be connected with love being sullied by money and profit? — POLICE STATE Finally, have you all been following what's been going on in New York City? First, they put up the red light cameras (the ones that would snap a picture of your license plate if you ran a red light). Then this past winter, they put up barricades on certain street corners, to prevent pedestrians from crossing in Midtown Manhattan. Now, they have video cameras on some streets, as a means to monitor activity. Big Brother really is watching you. Lets hope this never happens, but I've got two words that should scare the heck out of any rational person..."President Guilliani." Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. Madon ite-Happen Is Racism Again Rearing Its Ugly Head at UB? Some incidents have come to my attention this last week that should not shock nor surprise me. I am told that one of my colleagues has received a racist piece of e-mail possibly from an upper-class student. This student demonstrated a great deal of cowardly insensitivity writing in a derogatory manner about this student and his friends. This individual then took the opportunity to use a number of pejorative terms to talk ill of students who participate in the Legal Methods Program. I thought about this and thought how most of the upper class students have been quite helpful and understanding ofwhat we lL's are going through. A great support system exists for us. But I wonder about how some of them have been paying a great deal of lip service to us, and in fact don't want to be bothered with us, specially students of color. I again wonder if these incidents ofracism have been suppressed to the extent that we are neither jaded nor disenchanted with this whole law school experience. It may be too late for me due to some otherthings, which have happened to me. While in my Perspectives class some of my colleagues (I use that term with much regret) have expressed that they would like to learn about black letter law only. They don't appreciate the amount of discourse some subjects bring with them. I then ask if academia is not the place to have discourse and dialogue about a variety of subjects, then where do we talk about it. What I also found offensive is that the only problem these students had was with issues concerning people of color. The specific classes mentioned were Constitutional Law and Criminal Law. But you see when our classes are talking about subjects that don't have to do with the majority populations' involvement in history, our classes run smoothly. Is this a sign that certain members of the law school community wish to continue to marginalize issues concerning people of color? Moreover are these students really frightened that tfielrJagloyxd actually be exposed for what it has been, and continues to be regarding the heinous treatment of people of color? Are these students afraid to deal with the inequitable distributionof justice by the criminal justice system (e.g., drug sentencing laws and incarceration rates) toward people of color? > I believe these students are afraid histoid becoming tarnished. They want to go through life withßllnders on. The most frightening aspect of this is that many of these people of color in a variety of matters. Having contempt in their hearts while putting the cash in their pockets. If these pusillanimous clowns don't wish to talk openly and honestly about these problems fine. Do not allow the rest of us who wish to interact with each other to be poisoned by this filth. Let us open the lines of discourse and dialogue in class, out of class and in other settings. - by David H. Hawkins, 1L assembling the robot army ktp#wuigs,buf^ 7 �last people that anyone would call a liberal, but I think it's kind of sad that these people are on TV airing their dirty laundry for millions of people to see AND LAUGH AT. People might say that the guests on the show are just actors, but I don't think so. Some may be lying, but they're not actors. Presumably, all ofthe guests are adults and chose freely to go on the show. Which leads to the question: Why would someone go on Jerry to discuss their most My Spleen This week, I don't really have a coherent topic for this column, so it will be kind of jumbled. I apologize in advance, especially to Professor Lindgren. I really did learn a lot in your Writing class, even though this column may not show that. (By the way, I highly recommend the class.) I was originally going to write this entire column about the Jerry Springer show, but I didn't think I'd have enough material for a whole column. I'll begin by saying what I have to say about it, though. I don'tknow what to think about Jerry Springer. It's kind of like the compulsion people feel to stare at an accident. These are real people that are making spectacles of themselves on TV, twice a day here in Buffalo. And we watch them. Some very educated people, including my boss, watch the show religiously. She even tapes the shows she doesn't get to see while she's at work, so she can watch them during dinner. I don'tknow how she keeps her appetite. Why are people so obsessed with the show? My boss a its release for her. It's just entertainment. Others have said says that it makes them feel good about themselves to know that their life is not as bad as the people on the show. I think a lot of people watch it for the fights. I say, if you want to watch fights, take in a hockey game. It's the same idea. A lot of people watch hockey because they like to see the fights. I don't personally watch hockey just for the fights, although an occasional fight is nice. (Did anyone see Patrick Roy and Chris Osgood the other night? A goalie fight is certainly something to behold.) Hockey fights are more authentic than Jerry Springer fights. So if you're one of those people who watch Jerry Springer for the fights, try hockey. The fights are better, and the activity leading up to the fights is more substantive and entertaining. Whatever the reasons are that people watch Jerry, the fact that he's even on television is somewhat disturbing. Doesn't this show look like exploitation to anyone else? Now, I'm one of the intimate problems and relationships? Another question: When approached by the show to appear because someone has a secret to tell you, why would anyone go? They have to know that nothing good will come of it. If you've watched the news at all lately, you know that Jerry is having some legal backlash from his show. I'm surprised it hasn't happened sooner. I think Jerry is a flash in the pan, and his day will soon pass. But in the meantime, what does this show say about human nature, and our society? Just food for thought. Now that we're nearing the end of hockey season, I feel compelled to comment. I also feel compelled to cry because of the dismal performance of my Rangers. All of you who are saying it's because they are old, well, you may have a point, but that's not it. I think it also had something to do with Colin Campbell. He didn't know how to use some of the better players. For example, Alexei Kovalev. Now that Campbell is gone, there are no more weekly rumors aboutKovalev being on the trading block, because he's playing much closer to his potential. He's still a bit inconsistent, but certainly not the pec-wee hockey player helooked like when Campbell was coaching. No matter what you Buffalo people think, I like John Muckler. Speaking of the "Buffalo people," Barnaby is a spoiled brat. Too bad there isn't an N.H.L. franchise in hell for him to be traded to. I think Tampa Bay would be a good option for him. Let Tony "O" deal with him. Unfortunately, they have nice weather there. (Note to Mr. Barnaby's legal counsel: don't bother trying to sue me; I have no money.) OK. That's about all the commenting on that I have for today. I'm going home to watch the Rangers lose yet again. Or even worse, tie. by Kristin Greeley NETANYAHU AND ARAFAT AGREE TO SETTLE DISPUTE IN ROUND OF MINIATURE GOLF If only problems could be solved so easily! So the game of mini golf may have not reached such great heights yet, but it is a lot bigger than you may think. Says Tom Dixon, one ofAmerica's top ranked professional miniature golfers, "All your top pros like Arnold Palmer — they started out in mini golf." Miniature Golf first started in the United States in the 19305. The object was like golf, to hit the ball into a series of holes, nine or eighteen, laid out in the similar fashion of a golf course. Since the 1930's the game has really picked up fans. Says Deborah Paulk, editor of Golf & Family Fun Magazine, "More Americans played miniature golf last year then went camping." Winning a gift certificate for a free game or a hot dog is a thing of the past. Today mini golf offers more exciting rewards. Take Elmer Lawson, a native ofRedding, PA. He was first drawn to mini golf tournaments because there was a chance to win a gift certificate for the local mall. Today, Elmer is an internationally ranked miniature golfplayer. He went from local tournaments, to — national tournaments, all the way to a global tournament in Denmark last year. This year Elmer is hitting the mini golfcircuit traveling to such exotic places as Portugal and Switzerland. Mini Golf tournaments have been airing on ESPN now for five years. The Minigolfsport Association of America held its first America Cup in 1996 at Boomers Family Recreational Center in Boca Raton, Florida. Team Finland took first, followed by Team Sweden and Team USA. The Minigolfsport Association is affiliated with the World Minigolfsport Federation (WMF) headquartered in Zurich, Switzerland. The WMF which presently represents 24 nations with over 40,000 registered players worldwide, has been sanctioning tournaments for over 40 years. To kick off Spring, the JewishLaw Students Association (JLSA) will be hosting "Mini GolfNite" Tuesday, April 14. Interested students should meet on the first floor of O'Brian at spm. All students are invited and encouraged to attend!! by Randy Janis 8 �BPILP Announces...* Continued from page 5 TSHPROELIN"M:2Y L LESSONS David Kelly, IL, who will be working at Legal Services for the Elderly, Disabled, or Disadvantaged in Buffalo, NY. by ruskelen 4/13/96 PatrickTierney, IL, who will be doingrural outreach while working at Neighborhood Legal Services in Buffalo, NY. The 1998 BPILP Summer Grant recipients are: Ahren Astudillo, 2L, who will be working at the Federal Defenders of San Diego, CA. David Hawkins, IL, who will be working at the Center for Applied Legal Studies in South Africa. BPILP extends its congratulations to all recipients of 1998 fellowships and encourages all students, both familiar to BPILP and not, to be involved with BPILP next year in order to raise more funds so that we may support all those interested in pursuing public interest summers. The will be a general meeting onApril 14th in at 4:30 in Room 209. Introspection...<Continued from page 13 - we're willing to accept (DRI Syringes in the Sandbox). Obviously, you all know me as "The Anarchist." But advocating little or no government doesn't mean you suddenly shirk your responsibility you have to other people, just as your right to free speech doesn't absolve you of all responsibility if you yell "fire" in a crowded movie theater. Think about it. Those two individuals were really no different from you and I except the "middle class dream" seems to have left them behind, and so have most of the rest of us. — 1 I Something to Say? [ j Got Well, the end of the semester is here, folks... We. ■know a lot of you have a lot to say to your ■— Graduating 3Ls want to say goodbye to their friendsi |they made in law school, and returning lLs and 2Lsi |want to wish their friends a good summer, etc. We| |here at the Opinion are not unsympathetic to this (af-| Iter all, our very own Russ Klein would love to tell a| Ifew women that he was too shy to tell, just how much I Ihe digs them ;-). Uhh, anyway, we offer you, ourl ■student (and faculty) readers the chance to do so at a I ■bargain rate of [FREE!] per column inch (3 column" ■inch max ~ ok? We aren't a charity!). Just fill out the' 'information below (no anonymous ads, please!), and" [we'll print your ad in a special section next week ■the last issue of the year (cool, huh?)... |NAME (yours!) number 1 . ■CLASS 'Message: PHONE NUMBER m^^^^^^_^^^^^_ (atlatch seperate sheet so we can actually read what you say) ~J THE OPINION WANTS - YO U! Yes, thats right YOU! All submissions due by 6pm Thursdays, in our basement office. Give us your columns, cartoons, poetry, and even letters to the editor. Work with the most unique staff in the law school! (or leave a note in box 95 or 27 your choice) ■ ' Return to either box 95 or 27 or the Opinion office by6PM Thursday, April 16. - 9 �NO r) li >Mfil2£^F" ■^NOT(=x nss*= /vA> U?-**T if ?>\r^rvl' yjfZfcJHW* «J £Miri t<//\ M It —** \..A/ri« » r ] 7 *r ft - S—- law sc:Hqol Brtft-g-g- XS R&rti»JSTevgß>tT»VlMCrX-, IF S Jyvs \ 1 -/ Ort. A You PorfT "totd isrep V =LiajJ of rite . Buk»>a)>( IbwcL- ££ wWts &„ A - witHyoutn I mu****«T hcc workup OF , C nfr** poB. 1 // TKnfcl£:a|i*Qu£/fc.Kj Tcmieß-n/xwK// Ats, "j- p I the: PfciAitue 11 <? HQTTgre Too. a sr<>L£ cJT I was n popuLrit UTcv Co*u^, 0 y-^^v-^ 'i?An> >AA :\ " il S?» 1 *w — *WP fr£NTLEM£N \ (toteS If I iV / iNff^SrVwJa-^ .\> , or-rrik s v^S—TT VJI >rA l[L /inILussßa W-- $&-* l<,,,teto£fr.L{\\,, LA IVox 1 IT xr —' S d lm gr-J/ftflr * rne-7 n n -■> ■ a pN w*nM*re . V©KR T^£ SdRKV THe CrßxmC Rogers ?Uv J* kcws •? S7 2r- ~ , -| I /iL> /—<jS �The Only Opinion Survey You Ever Really NEED To Answer # Have a Hand in crafting the Opinion for Fall 1998! 1) Should the Opinion continue to publish on xeroxed white paper, or should it come out on newsprint? 1.5) Would you care to expand on your answer to question 1? C- a) More cartoons? "^ :. • c) ...Those were cartoons? J 4) Would you like to see the opinion cover m e sub °' stantive issues of law, or (lets be honest), would you read such covera e if il was v paper?, in the * " lj ii • 5) rii aiIOUIU tlie I• p»\ b) Less cartoons? j 3) Are there any particular issues you *■ * would like to see covered in the Opinion next . year? * 2) Should there be : • • • 6) The Opinion is looking for: sports movie writers, columnists, reviewers, artists, and, above all, wr rs a m orl a irs \ editor, and legalanalysts. Could you be that special someone? UpilllOll : • pictures? •rr "f run more r . * ,'» ? !? 77 ATTENTION SOON-TO-BE-3L's!!! Would you want to participate in making the Opinion the "serialized yearbook," wherein one page of the Opinion is devotedevery week to pictures and bios of graduating law students? With 24 issues of the Opinionslated to come out over the next two semesters, we could easily create such a cumulative project, by running 9 pictures an issue. We could also run photos of student groups. This way, your yearbook will be jam-packed with exiting news and columns that you read over the course ofyour last year here at ÜB, while you wouldn't have to shell out fifty or sixty extra bucks to get a year book (i f they get around to making one). On the flip side, you'd have to make sure you saved every issueof the Opinion (though surely you do that now), and it wouldn't look all nice and bound up, with blank pages for people to sign and inscribe with silly things. So this may be a dumb idea. Hmm. Actually, we know it's a dumb idea^u^w^werewonderin^fyou'dlik^^nyway^Sowr^ | Please drop your survey answers in box 27...satisfaction guaranteed 11 �Loan Repayment Assistance Program Discussed by Kevin Hsi On April 7, over two dozen students met with members of the U.B. law school administration about the possibility of restarting a loan repayment assistance program (LRAP) in the law school. Representing the administration were Vice Dean for Academic Affairs Nils Olsen and Assistant Dean for Development Thomas Farrell. The meeting was moderated by lLs Dan Morse and Carolyn Goodwin, both of whom are members of the recently formed student LRAP committee. The overall consensus from students afterward was that the administration was very supportive of the students' efforts to implement an LRAP program even though there are no funds available for it at the moment. An LRAP is a program designed to provide financial assistance, by way of loan assistance and loan forgiveness, to law school graduates who are pursuing careers in the traditionally lower paying area of public interest/public service law. The purposes of creating an LRAP program are to reduce the high educational debt burden as an obstacle for pursuing a career in public interest law and to increase the number of attorneys who will provide service to underserved individuals and communities. Goodwin mentioned that while she was doing some research on the LRAP program, she was surprised to find out that the NAPIL (National Association of Public Interest Law) web page listed U.B. law school on its list of schools which did have an LRAP program. As it turned out, the law school had an LRAP program in the early 1990sbut it lasted for only a few years before dying out due to a lack of funding by the state-run IOLA program. According to Farrell, the school's old program "was a very small program" which did not total more than $90,000 in funds. At the meeting Olsen showed the administration's strong support for an LRAP program by stating that, "we love to see it here." The only problem is that there is not enough money in the law school to start an LRAP program right away. According to Farrell, the law school's current endowment is approximately $10,500,000 but $8.8 million of that amount has been restricted to the Baldy Center for its various academic programs. Olsen estimated that since over 10 percent of each graduating class goes into the field of public interest law, the school would probably need over $2 million for a comprehensive LRAP program that could last 10 years. This is based on the fact that U.B. law students average $32,000 in loans for law school. This would mean that a full loan forgiveness program would cost over $7 million for 10 years . As such, Olsen's view is that the best approach for re-instituting an LRAP would be to try and "raise some money" by trying to secure a large grant or series of grants as opposed to relying on the annual budget from the state. Farrell, who is the school's chief fundraiser, mentioned that the possibility of a large grant coming from a generous donor is possible but slim. He mentioned that three years ago, an unsolicited potential donor thought about making a donation of $ 1.5 million or more to the school to implement an LRAP program but ultimately chose not to do so. Nonetheless Farrell did not rule out the possibility that another such donor could be found in the future especially if an intensive capital fundraising campaign is taken up by the law school. Farrell also mentioned that "while I can't guarantee anything... I will be happy to work with students to help them locate potential donors," particularly those in the corporate and foundation sectors. Farrell also cautioned against relying on state money for an LRAP program. One reason for this is that the tuition at the law school is already partially subsidized by the state. The other reason is that while the "average U.B. law student's debt is $36-38,000 [from law school alone], the private law schools are three times that... As such, the state, the university and the law school have decided to make investments elsewhere since they're aware the debt here is less than that of the private schools." Both Farrell and Olsen also alluded to the state legislature's unpredictable and at times, hostile response towards giving more money to public education. Currently, most of the state's money in the law school's budget goes towards operating expenses. Olsen said that the state, particularly under the current administration, basically "wants to see SUNY become more tuition-based rather than revenue-based." Olsen then pointed out that "our budget has been cut over ten percent in the past five years." Both Olsen and Farrell commended the students for making an effort to create a new LRAP program which everyone agrees will be good both for the law school's image and the field of public interest law. In Continued on page 13 12 �Loan Repayment... Continued from page 12 the mean time, the school has been fundraising so that it can create more need-based and achievement-based scholarships to attract more top students who want to become public-interest lawyers. Olsen also stressed the importance of getting students to commit towards working for an LRAP program. As Olsen pointed out, "it would be destructive to let such a fine idea dribble off into institutional memory, all of us must keep up with it." Currently, the student LRAP committee are lookfor interested students to help locate possible funding ing sources and to help research the development of LRAP programs at other law schools across the country. There are also plans for to form a committee of students, faculty and administrators that will work towards the funding and the implementation of an LRAP program. Students interested in helping out the LRAP committee can contact Carolyn Goodwin at 882-6389, Rick Staropoli at 882-5842 or Nelson Mar at 645-4004. Introspection by Russ Klein — Every so often, I am perplexed virtually awed — at the triviality that some human beings hold themselves to. For example, 1 was walking down the street on the upper east side of Manhattan some years ago, and a man was sitting on the street corner, with a sign that read "SPARE CHANGE FOR MORE BEER." I was in awe of the sign, because I somehow imagined that the guy was probably not getting much money (go figure, huh?). One day, out of curiosity, I stopped by and decided to talk to the guy. I was on my way to work, and I had about an hour to go before I started. I asked him "what kind of beer do you drink?" He told me he preferred Olde English 800. In my mind, I thought "typical homeless person beer." Still, I walked across the street to the corner store and I bought two 40oz bottles of the beer - One for me, and one for him. He seemed pretty appreciative of my gesture, and offered me a seat on the extra crate he had with him. We chatted for a short while ~ you know, small talk, and drank our beers. His name was Bill. I had a million questions I wanted to ask, but out of respect for circumstances that I was not aware of, I held back. I mean, who wouldn't want to know at the very least someone copes with his situation? But also, if you lived that life, who would want to talk about it? It turns out Bill was homeless, and he lived in a shelter in midtown somewhere I forget, and its not really important. He by Kevin Hsi was also a bit more clever than I had imagined. For example, on the back of his sign that I spoke ofearlier, he had another sign that Many of us know that New York City corporate read "SPARE CHANGE FOR MORE FOOD." This was for when law firms aren't exactly known for their pleasant work- obvious tourists walked by. Clever, huh? Something for the harding conditions. Those who wish to work at large corpo- ened New Yorkers looking for a laugh, and something for the suckwere more afraid of being mugged than anyrate law firms should consider the following news in- ers in the street who thing else. volving recent layoffs at a prominent Wall Street law One other night, my friend Joe and I were walking around firm. the upper east side. We had both been drinking at American Trash According to the April 7 issue of the New York (my favorite bar in New York City), and we were both pretty hungry. Shortly before we went in, a man came up to us and explained Law Journal: Chadbourne & Parke fired 19 secretaries, 15 per- his plight, and pointed us to his "box" (for lack of a better word) where he slept, largely out of sight from the onrush of New York cent of its secretarial staff last Friday. Sources reported City. So Joe and I figured "what the heck?" and we got ourselves that the secretaries, some of whom had been with the food, and we bought the guy a pretty decent meal. I mean, its only firm for 10 to 15 years, were terminated without notice money, and when someone really seems to need your help, and and escorted out of the firm by security officers. Jerome you can give it, how do you say no? It was just the right thing to Katz, partner and spokesman for the firm, explained do at the time. We ate our meal and chatted with the guy, whose name esChadbourne was moving to a staffing level "more in capes me at the time. He told us a pretty interesting story about line" with that of other firms: three associates per secre- how he lived on the street because he feared the shelters. But all in tary. Advances in technology have also made a larger all, the guy didn't seem scary or dishonest. Neither did Bill, for staff unnecessary, he said. Termination decisions were that matter. Now you might be wondering, what triviality do 1 mean? made after considering the employees' performance The triviality that allows most people to not only walk past and evaluations, longevity with the firm and departmental ignore the homeless and less fortunate, but to put them so far out needs, he said. ofour minds, that people begin to think that the problem isn't real. York Law Journal 1998 April 7, (Source: New Its remarkable what people will let their fellow man sufferthrough. We're only human, what can you expect? It just shows the life (www.nylj.com)) Continued on page 9 LAW FIRM AXING — 13 �These are the people in your neighborhood... ...in your neighborhood... Ruth Newman and Peter DeWind in the Computer Lab Who "nose" what they are up t0... ...The people that you meet, while you 're walking down the street... The people that you meet each day! Arthur Wemegah, Scott Bycewski, and Bahaati Pitt. It's a beautiful day in the neighborhood. FINAL REMINDER! Next week is the last issue of the Opinion for the 97-98 school year! If you have any story, article, or just plain wacky or bitter commentary you wish to see in the newspaper, then give it to us. Translation of our Latin Motto: "When someone says they are 'keeping it real' what they really mean is that they are 'keeping it real dumb'" (Chrisßock) NOW (you know where to find us) 14 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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L.LM. students, it is said, will need to take 24 credits to graduate. Full and part time study will be available. Tuition will be slightly higher than regular law school tuition. Frank Jacobson, a CriminalLaw Center fellow, indicated that the movement to get an LL.M. program at UB Law is in large part due to Professor Markus Dubber. Commenting on Professor Dubber's achievements at the Law School like setting up the Criminal Law Center and the LL.M. program he said, "He gets shit done". by Sol Sandberg The University at Buffalo School of Law is planning to offer a Master of Laws in Criminal Law in 1998-1999, according to the Buffalo Criminal Law Center's site on the Internet and students involved with the Criminal Law Center. However, the decision to go public with the program has not yet been made by the administration because the program has not yet been approved by the necessary accrediting authorities including the American Bar Association, the Department of Education, and the University at Buffalo. It is not clear at this stage whether the school will offer the LL.M. degree next year for other subjects besides criminal law. Corinne Carey, a fellow ofthe Criminal Law Center, said that the Masters in Criminal Law will be a one year program which May Day Celebration to be Held SBA Approves BPILP/CO-OP Fellowships by Mindy Marranca at Professor McCluskey's House On Tuesday, SBA approved the recipients of the Summer Co-Op fellowships. A co-op fellowship is jointly sponsored 1998 an SBA organization, BPILP, and SBA. This year three by organizations raised the required $1000 to be able to sponsor a summer fellow. BPILP, SBA and the participating organizations are proud to announce this year's recipents: LALSA Co-Op: Irma Jaimes-Solis, IL, will be working by Sol Sandberg UB Law School and the National Lawyers Guild will be sponsoring an" End of the Year Celebration" on May Day, Friday, May 1, 1998. The celebration will be held at 4:30 p.m. at the home of Professor Martha McCluskey. Refreshments and live entertainment will be provided. Kids and families are welcome to Continued on page 5 attend. Inside... 8 Law Students with Kids Law Students Ripped Off. 12 Images in Male, the Anarchist, and Katie's Corner. 9, 6, and 10 Plus more reasons to love the Law At the celebration, Dean Nils Olsen will make introductory remarks. Guests are asked to bring a desert or beverage to share, and are encouraged to discuss activism at ÜB, public interest law, and the future of ÜB's Guild Chapter. Special End of Year Issue / 1 �Editorial: Veni Veni Veni Vale Well, the Opinion has wined you, dined you, edified you...and now, like the one who wouldn't stay for breakfast, is about to leave, just as the going gets tough. It's finals time, folks. Time to hit the books. But Cole! I hear you cry, The staffspent hours and hours, every week, churning out news, commentary, and those cute little cartoons, justfor us! We can't live without you! Don V stop now! Alas, gentle readers, it must be so. But don't worry. We'll be back next year. Fat lot of good that does us/ Whatabout next week? I'm an addict! I can't live without it! I NEED the Opinion/ Every rose has it's thorn, kids. The year's over. Deal with it. Fine. Fine. You know, I always liked the Law Review better, anyway. Okay, whatever. But we'll be back next year, and it's time to let you in on a few of our trade secrets of the future. Over the summer, the Opinion will be planning, plotting, and politicking, girding itself to meet the ever-increasing, serialized needs of the thriving UB Law community. Our first priority (and itreally is a priority) is a revamping of our advertising department. Since the new regime has taken over the Opinion, there has been little to no (emphasis on the "no") advertising in this paper. This is because no one stepped forward to do it, despite repeated requests on the part of the powers that be. It was then decided that it was more important to provide a consistent, interesting publication, to serve as the primary communicative conduit for the law school. However, the Opinion staff has not been unmindful of the serious problem presented to us all by a lack a Bar Review advertising. Editor in Chief S.A. Cole Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor Ken Grant Dan Baich Cindy Huang Joe Huang Over the summer, the Editor-in-Chief will be coordinating a system of commissioned advertising, so that law students (who have little or no incentive to hit the pavement and contract an ad from Central Park Grill), will no longer have to provide this service. In a goodwill gesture to the larger UB Community, we are offering these positions to the newly formed pre-law undergrad group at SUNV B. This way, law students don't have to deal with advertising, and pre-law students get real law school experience. According to ourplans, the paper should operate not only the black next year, but we will be able to afford a significant in upgrade of our office's less-than-state-of-the-art computer equipment (you'd think a newspaper at progressive law school would have something a little fancier than Wordperfect 5.1 on it's hard drive). The goal is to leave the old system lying in the dust. That way, whomever takes over the Opinion in Fall '99 has a workable advertising system to fund the paper, and equipment to do a top-notch job of producing it. More immediately, the Opinion will create an orientation issue over this summer, to welcome the incoming students. ATTENTION LEADERS OF STUDENT GROUPS: We would like to have information on all the student groups in this orientation issue. This way, students will be presented the informationabout their new school in a friendly, accessible format (efforts will be made to assure the readability and entertainment level of this special issue). Only the Moot Court and the Law Review get to speak at the Orientation meeting, but the Opinion can assure both your group, and incoming students, that the full panorama of available activities will be presented to students as soon and as Continued on page? Staff: Pepito Gomez Columnist News Reporter Columnist Columnist Columnist Russ Klein Web Editor News Editor Staff Psychiatrist Kristin Greeley Kevin Hsi Randy Janis Katie McDowell Adam Perri Sol Sandberg Photographer Russ Klein Ken Grant The Opinion,SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the Slate University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it'son disk, you can push it lo layout lime on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided Ihey are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The OpinUm in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VS Veri Veniversum Vivus Vici. "We have a First Amendment and we know how lo use it." 2 �Editorial... Continued from page 2 WE GOT LETTERS! engagingly as possible. And of course, the Opinion is actively seeking new staff, to make our paper a true forum for non-biased, community expression. Ideally, we will have a Minority Affairs Editor (or a bunch of Editors for any single or combination ofminority affairs I would like to address Mike Cerrone's April 6th letter to they choose to cover), a Sports Editor, two News Editors, and a slew of new columnists and cartoonists. We already have plans the Opinion. Cerrone says he is supportive of gay rights, but he for an advice column (sent to us by two ambitious students), and does not think immigration benefits should be given to partners of a Features Writer (who hopefully will be cajoled into being an gay and lesbian people at this time. Cerrone's reason for withholding Editor). Remember: it's better to have everyone contribute once equal (not preferential) immigration rights from partners of gay and lesbian people is because gay and lesbian partners are not than to have the same five people contributing every issue. We would also like to have every student group appoint allowed to marry. Specifically, Cerrone said, "However, in the absence of one member to be the "Opinion liaison," so that we always have widespread recognition of gay marriages in the United States, gay timely and accurate information regarding everyone from the should not be given a preferential immigration status. Gay partners Asian American Law StudentsAssociation to the Students of Law advocates should concentrate their reform efforts in the rights for Animal Rights. If student leaders have any questions about of domain law first and immigration law will follow." family this, feel free to contact me (Cole). and lesbian partners do not want preferential First, gay The staff had a good, productive time working on the status. immigration Straight couples already have preferential Opinion this semester. Last week, we sent in UB Law's entry to status. immigration Gay and lesbian couples want equal treatment. the American Bar Association/Law Student Division Newspaper That would mean removing the preferential status accorded straight Contest. The results won't be announced until this summer, at or couples providing gay and lesbian couples with benefits that the ABA conference in Toronto, but we're keeping our fingers exist for already straight couples. crossed. Actually, we're preparing our fingers for whatever gesture Second, marriage is not the only way to determine whether may be appropriate when they announce the results...rest assured or not people belong to a family. Some gay and lesbian couples we will keep you posted if we win. have commitment ceremonies, get benefits from their partner's I would like to take, of course, this very cliche opportunity to thank the people who made the Opinion such a health insurance policies, and adopt children. These are only some success this semester. In particular, Russ Klein and Ken Grant of the way to meet the heterosexual definition of family. Third, there are people who do not want to make benefits come to mind. Without them, my theories regarding weekly publication might never have come to fruition. I would also like contingent upon marriage. Cerrone assumes that all people want to continuerewarding the unionof two people by conferring benefits to thank the many columnists who contributed to theirlaw school newspaper, who made a diverse and passionate forum for on them. Concentrating our reform efforts on something not all of discourse. This goes out especially to Adam Perri, who took a us want buys into the existing model without leaving room for other licking and kept on ticking, like the goodmoujik he knows himself opinions. It also assumes that the gay and lesbian voice on this at heart to be (hey, he's not the only russophile around here...just issue is or should be unified behind the heterosexual model. Cerrone's assertion that gay rights advocates should one of the better ones). Might I add, and I'm not getting paid to say this, that concentrate their reform efforts in certain places assumes gay and Makin' Copies did a consistent, excellent job of getting us our lesbian people should be the only ones taking up this fight. I am reminded of the quote by Pastor Martin Neimoller: paper on time, always. I highly recommend them. "In German theyfirst camefor the communists, and I didn t Next year, we may be on newsprint, it's hard to say right speak up because I wasn 't a communist. Then they came now; public opinion seems divided over the issue. But either for the Jews, and I didn'I speak up because I wasn V a way, look for the Opinion nestled in your boxes that first week of Jew...Then they came for the Catholics, and I didn "t speak school. For those of you who always throw the damn paper out, up because I was a Protestant. Then they came for me— there will be a special box for you, labelled "I have no Opinion," and by that time no one was left to speak up. " right next to the recycling bins. Each of us is responsible for fighting oppression and What kind of a law student doesn't read the paper? when we see it. We are especially responsible when we injustice a Have good summer. Congratulations to the graduates. To the class of '99, one more year to go—let's make it a good one. call ourselves supportive of something. We define family in more ways than couplehood. Families include parents and children too. Immigration law recognizes this. -S.A. Cole, 2L If we can expand immigration status from allowing the spouse of a citizen preferential immigration treatment to allowing parents and children of a citizen preferential immigration treatment, why do we not also allow the partner of a citizen that same treatment? That would allow equal preferential treatment from the ones who already Dear Editor ofthe Opinion... Translation of Motto: "I'm second in line. I'm the receive it. leader of the followers" - (Howie Beyer futuie 1L?) Continued on page 4 For $6. 3 00 your name could be here. The price has gone up �letters to the editor... Continued from page 3 Lavi Soloway pointed out that straight couples do not have to been married to get preferential treatment. Engagement can be proof enough to garner an expedited immigration and naturalization process. Cerrone also said, "If we add a new category ofpreferential immigration status that can be faked, like gay partnership, it could lead to even more abuse and defrauding of the immigration laws." If Cerrone has three years of experience in immigration related fields he must be aware that fraud occurs in immigration law when an immigrant, regardless of orientation, marries a citizen of the opposite sex solely to receive preferential immigration status. By allowing gay and lesbian partners equal immigration rights, we will be doing away with fraudulent marriages committed by gay and lesbian immigrants. The problem offraud seems to me to lie in the requirement ofmarriage, not in the sexual orientation of the immigrant. It makes more sense to eliminate the restriction against gay and lesbian partners if the goal is to cut down on marriage fraud because those gay and lesbian people who fake a marriage will not have to fake it any more to be allowed to immigrate. Finally, not once did Cerrone mention lesbians in his letter. He spoke only about gay partners, gay marriages, and gay rights. I am frustrated at being ignored by Cerrone's insensitive use of language that marginalizes women. Please be aware that some gay women call themselves lesbians and prefer to be addressed that discriminatory policy before action is warranted? A few million? A few thousand? A few hundred? Is there a magic threshold where an issue suddenly affects enough people to make it worthwhile? The fact is that there are literally thousands of gay and lesbian partners of U.S. citizens faced with excruciating choices. Does the "alien" become "illegal" in order to stay with the woman she loves? Does she go back to her country of origin and keep trying to work within a system which is stacked against her? As was stated earlier, immigration law is family law for thousands and thousands of gay men and lesbians, as it is for thousands and thousands of heterosexuals. The potential "administrative problems" and "fraud" that could result from according gay and lesbian partners immigration benefits equivalent to their heterosexual counterparts is a diversionary argument. For example, this same kind of argument is often used to combat efforts for domestic partnership benefits. Immigration fraud exists now. It exists within heterosexual marriages, and it certainly exists within corporate immigration activities. Of course, there is no effort underway to eliminate these avenues of immigration. There is no reason to believe that gay and lesbian partnerships would produce a greater extent of fraud. I would venture a guess that flocks of potential immigrants are not going to be claiming a new, false gay or lesbian identity for immigration status. Will some? Sure they will. But I highly doubt, with a homophobic environment within the U.S. (despite noticeable progress) and withoften homophobic countries of origin, that scores way. will come forward. Probably far far less fraud than within the Tennessee Dickenson, 2L highly praised and coveted heterosexual union. Finally, it is worthwhile to briefly address the distinction This letter is in response to Mike Cerrone's letter to the between "legal" and "illegal" immigration. It is incontrovertible Opinion concerning immigration law as it relates to gay men and that those with educational, class, national origin, and yes, lesbians. He stated that, in his opinion, gay rights advocates "need heterosexual privilege benefit greatly from U.S. immigration to: (1) change the landscape of family law in the United States, (2) policy, bestowing upon the chosen few, "legal" status. The assess the need for such a category of immigrant status - are there categories of "legal" and "illegal" need to be scrutinized and not really that many gay partners outside ofthe United States who desire just accepted as objective. These are the very categories that gay to immigrate together?, and (3) study the effects of such a new and lesbian advocates, as well as numerous others, are calling into immigrant category on fraud and abuse of the immigration laws." question. They are highly subjective and cannot be dismissed for Mr. Cerrone states that he is "supportive of gay rights" other than what they are choices made by persons in positions of and I certainly welcome this statement. However, I do question power to include and exclude. what his definition of gay rights really means. Does it not include This response is meant to challenge certain assumptions the ability to choose one's partner and to have the option of living about immigration law as it relates to gay men and lesbians and to in the same country? I would certainly hope that a "gay rights" provide a broader perspective on the policies affecting gay and position would include such a fundamental choice. lesbian partners ofU.S. citizens - here and now, not in a theoretical Mr. Cerrone states that gayrights advocates need to change future. the landscape of family law. Of course, gay and lesbian advocates are addressing "family law" issues. And furthermore, immigration Kristin Long, 3L law is family law to thousands of U.S. citizens of all sexual orientations. Battles must be fought on all fronts and many of us simply don't have the luxury of"concentrat[ing] [our] reform efforts Dear Readers... in the domain of family law first and immigration law will follow," Thanks for making the Opinion the great as Mr. Cerrone suggests For many, this is far more than a theoretical debate - Real people, right now, are currently affected newspaper it was this semester. It would not have by the exclusionary policies. worked without you. We'll be back next year on Furthermore, putting immigration law on the back burner Day 1. Meanwhile, if you have anything you'd only creates a hierarchy within the gay and lesbian community, the concerns of those who are fortunate enough to fall in like to tell us over the summer, you can contact us favoring love with a U.S. citizen. This, I would argue, is not the aim of a a 1 rklein@acsu.buffalo.edu or liberatory movement. sacole@acsu.buffalo.edu. See you in da Fall! Second, how many people must be affected by a - 4 �Gomez Pumps It Up BPILP Info.. .Continued from page 13 Worker's Center of NYC. CIRCLES Co-Op: Anne Lattime, 2L will be working at the Women's Rights Center of Warsaw, Poland. DVTF Co-Op: Kelly Pickering, IL, will be working with the Lockport, Niagara County Domestic Violence Task Force. at Latino by Denis Uminski Second year law student Fidel Gomez has been involved with the UB Drug Free Powerlifting Club since his freshman year as an undergraduate at the University at Buffalo. Although he is not currently competing, Fidel is still active BPILP GARAGE SALE in promoting the club's activities. He helped organize the club's first sanctioned meet on March 28 at theAlumni Arena and assisted officials in the conduct of the meet. 87 competitors from the western end of the state participated. This is the only sanctioned and drugtested meet run by college students in the United States. Fidel is shown here presenting the trophy for first the place in Women's Division to Erika Frisbie, daughter of 2L Denis Uminski. Erika benchpressed 185 lbs. Stop by and buy what we forgot to put in the Auction! BPILP will be selling all items that were unfortunately not put into the auction or have not been claimed on Wednesday, April 22, from 10-4 and Thursday April 23 outside the library. Exciting and CHEAP items will include artwork, law school review books, Bar/Bri courses, dance lessons and more! There will be a general BPILP organizational meeting on April 23 at 4:00 in room 209. Two New Concentrations by Sol Sandberg Two new concentrations will be offered in the fall semester: civil litigation and health law, bringing the number of concentrations at UB Law to ten. Interested students should contact the R&R office for more information Dean Olsen To Become Dean Olsen? UB To Host Criminal Law Competition by Sol Sandberg Sources indicatethat Dean Olsen has officially applied to replace Dean Boyer as the head of the UB School of Law. UB Law will initiate and host what may be the first intervarsity moot court competition devoted to substantive criminal law, according to members of the Criminal Law Society. The competition, planned to be held in the Spring of 1999, will be sponsored by the Criminal Law Society and the Criminal Law Center. Named after Herbert Weschler, the drafter of the Model Penal Code, the competition will focus on topics in substantive criminal law, like the constitutionality and interpretation of federal and state criminal statutes. The competition will also explore topics related to the Criminal Law Center's federal criminal law reform project. The federal criminal law reform project is an effort of the Criminal Law Center to revise the federal criminal code. The Criminal Law Center has already held two conferences on the subject. According to Richard Staropoli of the Criminal Law Society, the competition is planned for next March and UB Law will have its own intramural competition in February. Staropoli explained that so far a mass mailing has been sent to a large number of criminal law professors, moot court directors, and deans announcing the competition. Staropoli added that there are other schools that have criminal procedure moot court competitions, but he believed that none ofthe competitions were devoted to substantive criminal law. — 1Ls finals are just around the corner, but remember there's still the Casenote Competition! Don't let go of that firstyear-of-lawschool-induced intestinal fortitude and relentless quest for legal excellence. Be strong. Do the Casenote. You know it's the right thing to do. The Opinion received an unsigned letter in response to last week's "Bar Review Monopoly " editorial. The writer pointed out that having a national chain to provide the service isbetter than having to rely on the school. SHOWN HERE: Tuition paying students not relying on UB to prepare them for the bar. m■* http://wings.buffalo.edu/law/opinion 5 i TWIT——TTi— I* —IffiMlflinfllMfflrqflfffflEWWWlMrtMMlII M ,* 'n ' ""'■MMMm �TAHE NARCHIST :.:.\>\_£«JtA' W The Final Stab So, my faithful reader(s), the semester is over, and one full year of Opinion Anarchist is coming to an end. So with this final chance of the year (don't worry, I'll be back next year with my wit, charm, and silky smooth cartoons), I want to address a variety of cool and not so cool topics of varying degrees of interest to the average reader. THE LAW SCHOOL I've come to one very depressing conclusion over the last of year working at the Opinion. It can be summed up in these words: THIS SCHOOL DOES EVERYTHING HALF-ASSED Have you all ever noticed the University At Buffalo, School ofLaw "moot court room?" No? Its a shame. No, it's not a shame that you haven't seen it. Our moot court room is shame. Its actually a complete and utter joke. Maybe it's because I had the misfortune of seeing other law schools before I came to this law school. For example, I visited the University of Toledo (which is another state school), and their moot court room is beautiful. In fact, their whole law school is far more attractive, distinguished looking, and classy. This is not to say that there aren't any things in our law school that I like. But this is a law school, and you expect a little better. Agood comparison onthis campus wouldbe the University's medical school. There is a classy looking building, nice carpet, beautiful student lounge (which incidentally has a pool table and fooseball table free for students to use), etc. Our student lounge? It looks like our moot court room, which is to say its a joke and an embarrassment. I was in one of my classes the other day, and there was garbage strewn across the front of the lecture hall. The first week of the semester, my friend came up here to view the law school, because he was considering attending. So I gave him a tour of the school to show him what it was really like. I was afraid that each lecture hall that I opened up would have garbage all over the place. I didn't even want to show him the moot court room. Remarkably, he still chose to come here next year, but it was only the sheer size of our library (and maybe my explanations) that convinced him. Isn't the administration of this law school even remotely embarrassed about the way this place looks at times? You would think so, but they are able to hide themselves away in theirbeautiful sth floor lounge, which has nice artwork onthe walls, and a pleasant ambiance (unlike our lounge, which has graffiti, a buzz from the vending machines, and the bright lights that say "Coke"). Do they not realize that some students literally spend all day and all night here? For the amount of money we are paying, we deserve better. Where is all the money going? There is a rumor of a new lounge for next semester, with swipe card access. I'll believe it when I see it. There were rumors of a new lounge when I started my first year, and they haven't changed this year. It's something that needs to be done now, not over the summer. And then when they are done, they can do something about making the rest of the school (/e the moot court room) look nice too. I know funds are always limited but there are some things that just have to be dealt with here! What kind of grading system is H Q Q+ Q- D F? Our grading system is supposed to be non-competitive. The only way our grading system is non-competitive is that it makes us noncompetitive in the job market. And yet strangely, the grading system in its current incarnation, is competitive. A true noncompetitive grading system would contain the following letters: "P" and "F" (or substitute whatever you want to represent "pass" and "fail"). That's all you need. Instead, in an apparent attempt to make everyone happy, they instituted enough variation in the grade to ensure a competitive system exists. Instead of making everyone happy though, no one is happy. You don't get much more half-assed than this. Now, there are some things about this school that I do like. For example, limiting BAR/BRI to one table a actually week is good I can't deal with looking at the swarm of helpless lLs who think that they need that stuff (partially because of upper class reps who badger them into thinking that you won't pass your classes and you won't pass the bar unless you take a prep course - their prep course). I also think some of the professors here are really top notch, dedicated, etc. I know I grumbled in first year Research and Writing, but Professor Nichols really forced me to clean up my writing a lot (Or, as Ralph Wiggum once said on the Simpsons, "Me fail English? That's unpossible!"). Professor Filvaroff has picked up that job in my second year. Professor Miller was fantastic in the class I took her. Nearly all of the professors I've taken have been good quality instructors (sorry if I didn't personally name you). I mean, sure, its nearly May and I'd like to have all my grades from last semester, but hey... Plus, some of the people I've met here have been really cool. So it's not all bad. Continued on page 7 - - - 6 �Misc. Ramblings... Continued from page 6 Hey, I have a solution! Let's move the law school (if not downtown) to Hayes Hall on the South Campus. Now there is a classy looking building worthy of the law school. We would be the envy of many other law schools, don't you think? It will never happen. But boy, wouldn't it be nice if it did? Every time I walk by Hayes Hall, I dream about how everything in O'Brian Hall would fit perfectly. It's sad, really. IRELAND Finally, you may have noticed that this isn't a very political column this week. I guess I could have written about the big peace treaty over Northern Ireland (one that I suspect won't last more than a year — especially with lan Paisleys Ulster Unionist Party, and the Orange Order not supporting it). But there is always hope that there will be peace, and some day Northern Ireland will revert back to its rightful controller, Ireland. PAULA JONES r\ Paula Jones' case was dismissed a couple of weeks ago. I feel bad for her. Whether or not things transpired the way she claims, she is being made a tool ofright wing fanatics who don't care one way or another about her. When her case was dismissed, I saw her "handlers" crying such obvious crocodile tears. Doesn't she see I that she's being used? And when this case is dismissed for good, she'll be dropped by the wayside by these people who care far more about "getting" President Clinton than redressing Paula Jones' 5o grievances. FAREWELL FOR THE YEAR Well, that's enough rambling by me. If you have read my columns and read this one this far, congratulate yourself. You managed to go through one year of anarchy and peace. ANOK4U2. I hope you all have a good summer. If you are graduating, congrats. If not, I hope to see you all back next year, both as readers and writers. Thanks for making this work. tJi. The Robots Are Assembling w> OE) * fjRD "^ y(m <r T/-54 7 «/ /% ToirfTcrPOoppfi'oTo ?Hlki3i it e-Happen http: , World TttftT STUDENT GROUP LEADERS The Opinion will be putting together an Orientaion Issue over the summer, to be given to lL's during their first week here at ÜB. We STRONGLY ENCOURAGE you to send the Opinion a description of your organization and Contact people so that we can make our new class mates aware of all that UB Law has to offer! Please send your materials, by August 20, to: or rklein@acsu.buffalo.edu sacole@acsu.buffalo.edu. See you in da Fall! buffakxtdufe/opmton 7 �Raising Children, Learning the Law For most, law school is a gauntlet best run while one is in the position to make it the sole focus of your life. When you're responsible for raising and supporting a child, however, there is no putting your offspring on the back burner. Parents who attend law school have some of the most hectic, and perhaps rewarding, lives of anyone here at ÜB. The Opinion talked to some of these hard workers over the course of the Spring semester, asking how these students cope, and how they balance their lives. Next year's SBA President,Tonya Guzman, 2L, is a good example of this type of balance. Aside from being an SBA rep this year, Guzman judged for the Moot Court, while commuting to school from Rochester, and raising the baby she gave birth to last year during school. For Guzman, her husband is the key player in her support system. Guzman is the contact person for the Law School Parents Support Group at the School. "We haven't really gotten to meet much...no one really has the time. And we never have a time when we can all get together." students, they do extra things. When you have a baby, you don't do those extra things. You go home, and you take care of her. But it's worth it. "I don'tknow how someone could do it alone," concluded Cerrone. For most of us, who don't know how anyone could do it at all, so Cerrone's comment could be made of anyone raising children and trying to navigate their way through law school. But Cerrone also said, "You just get it done, you do what you have to do," and that's what single parents in law school do. One such single parent in Sheila Dickinson, 1L Sheila, an older student who had a career in Chemical Dependency counseling before she decided to come to law school, has four children, ages 9-19. She is raising them on her own. "It's really difficult, in law school, because not many people are in many position, " said Dickinson, in interview. "As an older student, not many people have had the experience I've had--and none of them are in the same position." For Dickinson, having children, and being an older student, are parts of the same parcel. It sets her apart from the average law student, who at least IBut she does have a sense of how the law school parents cope. "We just do it. Whatever you want to do, you can do it." Guzman also has a strong family network, and her grandmother helps with babysitting 2L Michael Cerrone and daughter when necessary. This strong family network is for the common has time on the weekends to go out, grab a beer, and socialize with their peers. But for Dickinson, who is balancing law school with her roles as a mother and homemaker, the weekends are when she cleans house, successful law student and parent. "1 don't know how I'd manage if it wasn't for my wife and family, " said Mike Cerrone, 2L. "Sometimes, you just need some time off. She's so lively, giggling, walking...it can take a lot out of you." For those of you who were in last year's section U, you may remember when Cerrone was anticipating the birth of his daughter, now overa year old, whilethe maioritv of us were simnl v trying to cope with the stress of Civ Pro and Constitutiona Law. For Cerrone, however last year brought him an even bigger challenge than law school--the responsibility o bringing up a new baby. "My wife is a or spends time with her children. Thomas... Dickinson has, however, found a core group of older students who can at least identify with her position. "There are about four of us...we hang out at the back ofthe classroom. They're very supportive. It's nice to be with people who understand." Paul Barr found understanding to be an important part of balancing his law school career with his role as a father of three. Barr, a 2L, brought his youngest child, a toddler, to Research and Writing once last year. It was either bring the child, or skip class. When Barr entered the room with his son (see the picture...he's the smallest one), Professor Constantine said, "You've got to be kidding." "But just a little while later," Barr concluded the tale with a grin, "She was teaching the class while holding him in her arms." student, too," said Cerrone "We live near my parents, and they help us with babysitting The teamwork is incredible It's the only way I could do it." Of course, there are some sacrifices. "Other 2LPaul Barr 's children, Shannon, Chelsea, and Cerrone's girl, a future law student ? by SA. Cole 8 �Images In Male characteristics acquired during life were passed along to offspring. This is a Lamarckian view, even though Lysenko was careful to eschew explicit mention of Lamarck] At the end of his speech, Lysenko announced that his views of biology had the support of Stalin and the Central Committee of the Communist Party. [While his support in the Central Committee was tenuous, Stalin himself had edited drafts of Lysenko's speech, and made changes. 7 ] This announcement put the geneticists on notice that bad days lay ahead. Several scientists recanted the favorable views of genetics they had expressed at the conference a few days before, and many Soviet agro-biologists and geneticists lost their jobs and were banished from the community of scholars. Biology was the first science to receive instruction from the Party on how it should unfold. The other sciences received similar instructions in subsequent years. Why did Stalin and the Communist Party care about the substance of biological theories? Communism claimed for itself the prerogative to remake the human race and re-form the human species. In order to do so, the human clay remolded in the hands of the party must be susceptible to such reforming Inherited, genetic characteristics could not be manipulated by altering the social setting in which they appeared. The Bolshevik revolution and the subsequent worldrevolutions expected to follow claimed to have swept away all the socially constructed principles of human life that men had previously ascribed to natural law. And yet, the discoveries and triumphs of a handful of scientists opened the possibility that biological organisms possess qualities that make them difficult to play like a harpsichord, or operate like a marionette. A totalitarian movement cannot tolerate a heresy in its midst. For the Soviet regime to last, genetics had to die. The only heartening part of this story is that Lysenko now occupies an ignominious place on the ash-heap of history. We can only hope that ruthless people in our own age who employ their skills and energies to compel ideological conformity in a scholarly environment share a similar destination. The author of Images in Male, not feeling particularly ornery this week, turns his attention to a forgotten historical episode that illustrates the interplay of ideology and scholarly inquiry. In the 1920s and 19305, Soviet agriculture attempted to recover from the multiple shocks of Russian Revolution, the Civil War, and the collectivization of agriculture. The study and application of Mendelian genetics in this period contributed to the development of hardier and more prolific crop strains 1 , and Soviet biologists could claim that the work they performed was on the cutting edge of biological research. The achievements of Soviet genetics were so enviable that Moscow was selected as the venue for the 1937 Genetics Conference. 2 At the time, many Soviet and most foreign biologists accepted the chromosomal theory of heredity, in which a organism's inherited and inheritable traits resided in a "hereditary substance" that was unaffected by the external environment that shaped or altered the organism itself. Applying this theory of heredity, Soviet agro-biologists enjoyed some success in mixing two different strains of grain into distinct strains that exhibited desirable traits from both. In the summer of 1948, a curious speech at the Lenin Academy of Agricultural Sciences (VASKhIL) marked the 3 destruction of the study of genetics in the Soviet Union. A and of 1948 August conference held at the Academy in July discussed various theories of biology and genetics as they relate to agronomy. At the end of the conference, Trofim Lysenko, the President of VASKhIL, announced that genetics as previously conceived was flawed, reactionary, and "alien to the world outlook of a Soviet citizen."4 In his speech, Lysenko insisted upon a new Soviet biology that would deny the importance of genes in heredity, and accept the inheritability of acquired characteristics. In his own words: by Adam Perri We, the representatives of the Soviet [biological] concept, maintain that the inheritance of characteristics acquired by plants and animals in the process of their development is possible and necessary. [...] every biologist [possesses] the means for controlling the nature of plant and animal organisms, the means for modifying it in a direction necessary for practical work through a control of the conditions of life[.]s Footnotes This cursory summary of thebeliefs of the "Mcndelisl-Morganist" school of 'genetics is grossly simplified, and relies primarily on the explanations of "Mendelist-Morganisl" beliefs offered by harshest critics of those beliefs. The author asks the indulgence of any scientific minds shocked at the inadequacies of this summary, and refers those interested in the subject of the Soviet genetics controversy to JULIAN S. HUXLEY, SOVIET GENETICS AND WORLD SCIENCE: LYSENKO ANDTHE MEANING OF HEREDITY (1949). ' The conference was canceled at the eleventh hour, reputedly from fears that any discussion of genetics could be associated with the more radical and pernicious theories of genetics emanating from Nazi Germany. J 1948 marked the culmination, not the beginning of Lysenko's assault on genetics. As early as 1935 he had vilified biologists of the geneticist camp. 'CONWAYZIRKLE, DEATH OF A SCIENCE IN RUSSIA: (1949). 130 5 CONWAY ZIRKLE, DEATH OFA SCIENCE INRUSSIA, 107. 'The experiments ofLysenko andMichurin, another biologist, with winter wheat are described in CONWAY ZIRKLE, DEATH OF A SCIENCE IN RUSSIA, probably on 17. 7KIRILL RUSSIANOV, STALINAS LYSENKO'S EDITOR: RESHAPING POLITICAL DISCOURSE INSOVIET SCIENCE, available at http.ll mnse.jhu.edu/demolconfigurationsll.3rossianov.html. Lysenko went on to deny the hereditary theory of the origin of species, and offered the results of various experiments with the "vernalization" of winter wheat to establish that a seed's environment can be manipulated and controlled to induce changes in the strain within two to three generations.6 [It is important to recognize that Lysenko insisted that changes in the strain came from the changes to the organism of the seed resulting from external forces. Lysenko insisted that changes to the strain did NOT come from natural selection/competition, in which the seed withthe genes for characteristics making it most likely to thrive in a given environment would thrive and multiply. While espousing Darwinism, Lysenko dismissed natural selection as an erroneous, Instead, Malthusian aberration in Darwinian thought. Have a good summer break. 9 �. LITESPHOR"UEMDNTS REAMS" Katie's Korner ty^oS^iTlN/ V-~X*-<\B Submitted by Katie McDowell The Good Angel by Rafael Alberti The one I wanted came, he one I called. Not the one who sweeps away defenseless skies, stars without homes, moons without a country, snows. The kind of snows that fall from a hand, a name, a dream, a face. Not the one who tied death to his hair. The one I wanted. Without scraping air, without wounding leaves or shaking windowpanes The one who tied silence to his hair. To scoop out, without hurting me, a shoreline of sweet light inside my chest so that my soul could sail. 1 &otiHf{ CRY., ocpij lq ok > ffrj otH £R Victor -Boys oH, to T\\£ I{?V£l.u\te: covert LrtfE M %. f Ma rPk „„ . „ »■■■■■■■■■■■■■■ SCHOOL CLfIS^LLY. There were two ships...one had red paint one had blue paint. They collided. At last report, the survivors were marooned... } 10 Vi,t H IS Stiff �where between 50 and 75K; occupational therapists and physical therapists expect 40 to 60K start; public school teacher in the thirties. A computer animator in California I know of is now earning If you are approaching the end of your first year and don't 60K. All of these are less intense majors, and you can not do any of really want to be a lawyer, but are remaining because you've been them with a law degree. People commonly rebut the value of these sold on the "what a great education law school is" argument, this is majors by saying they hit a ceiling quickly. Perhaps. But if you your last and best chance to take a leave of absence or quit with know anything about economics then you understand that a dollar minimum losses oftime, money and emotional drain— while maintoday is worth more than one received tomorrow, due to compound taining some of the intangible benefits of a legal education. interest. So you may one day surpass that pharmacist's 75K. But if The decision to leave law school is a grave one that pharmacist invested, she'll be ahead. Further, many lawyers and I am not advocating it. But since the bulk of your friends, only dream of ever earning 75K. peers, advisors and relatives will advise you on the benefits of stayAfter completing your first year you have gained the intaning, someone ought to help you look at the other side. gibles oflaw school. You now know some basic legal concepts and Law school can represent a real financial burden to you. have an idea where to find them if you don't. max out on your student loans, as I have, you'll have inyou If Law school is not a vocational school. You will not come over curred fifty thousand in debt. If you pay this at the standard out of school ready to do a job as someone with a paralegal degree, ten year repayment schedule it will cost you around six hundred or a computer science degree. You are receiving a passport into a dollars a month. If you stretchit out your monthly expense will go job at a law office or to opening your own law office. You will have down but your total owed will go up. to pay your dues and learn the law on the outside. If thisis what you Relative to the career options of other less expensive mawant, then law school is the right place for you. But if you have jors;lawyer jobs are often hard to get, don't pay what family memanother plan for your life, the joke may be on you. Most other cabers fantasize, and involve a heavy dues paying process. Yes, their reers require experience and training. Law school and the life of a are many rich lawyers out there and you could be one of them. The lawyer is not what your parents and friends think it is. Leaving here career counselor told me that she is mostly seeing starting jobs of- is a serious decision and I'm not telling you that you should quit just fering in the thirties. I only know of a few law graduates who are because you don't want to be a lawyer; but you may want to think starting at high salaries like in the 80s. I know of other law gradu- about the real costs in delay of your ultimate career goals, life plans, ates who go through prolonged periods of unemployment until they and the serious financial setback this mayrepresent for you. can find a job. The jobs they have may be only starting in the low thirties, high twenties, or in a few rare cases far lower. If you hang By Matthew Clabeaux. 3L in, you may eventually earn "the big bucks." But you may not. From whatI have seen job changes and job dissatisfaction are common among new lawyers. What if you opt for a "non traditional" career? This option exists but is overrated. It is possible that a JD can be used as a "spring board." But many of these people in non-traditional jobs worked as a lawyer first. I think most people who go from law to a high glamour job were good lawyers and were identified by someone as having potential. I am very skeptical that a poor depressed lawyer will be identified by an employer in another field. All of the people I've met with non-traditional careers, who also did not like law, are in jobs that don't require law degrees. This means that they took the long, hard, and expensive way to get their current job. Remember that at these non trad career talks all they're showing you are the people who were positive enough to come here and tell their stories, not those who were not. We're told that even if you are not going to be a lawyer, law school is a great background. You learn how to "glean information" and obtain some other vague "skills." This may be OK for some employers, but this is not that realistic in today's job market. Increasingly everything is becoming more and more specialized, and potential employee's are expected to have directly relevant training and or experience in a particular field. Almost all of the good paying jobs require this. I have seen many job listings for people with knowledge of specific computer languages, but not for people who are "good gleaners." Most of today's good jobs require specializedknowledge. Even those that don't prefer people who were trained in that field. While at UB I've talked with people in other majors to find out about their career prospects. Computer science undergrads tell me they expect to start in the forty's; pharmacists tell me any Considering Leaving Law School 11 �Students Lose In Moot Court Reimbursement Battle SHOW ME THE MONEY medical expenses were absolutely none of her business. When I informed her that I did not bring them with me because I did not expect to be reimbursed for these, she stated that she wanted them "for other reasons." Again, there was doubt. At one point, Mrs. Pavelijack denied that she ever told Mr. Kent or myself that we could rent a car, asserting that she had told us to take a taxi. She then told us that we would probably not be reimbursed for the car rental, but that she would discuss the issue with Dean Olsen. I indicated that I would like to be present duringthis conversation with Dean Olsen. The reason for this was simple: having been treated as we had been, I had absolutely no faith that Mrs. Pavelijack would present our side accurately. During this same conversation, we also asked Mrs. Pavelijack to provide us with an itemized statement of the expenses before they were submitted to Albany for reimbursement. The purpose of this request was to resolve any lingering disputes over certain receipts. I never was given the opportunity to speak with Dean Olsen. Moreover, we never received an itemized statement of the expenses that Mrs. Pavelijack submitted to Albany. For these reasons, it should come as no surprise that our reimbursement fell several hundred dollars short of what we spent, with no way of knowing what was and what wasn't paid for.. I would like to state that I am deeply offended that there have been any insinuations, no matter how subtle, that Mr. Kent and I have been less than honest in our attempt to be reimbursed. We had represented the law school in a national competition, and were proud to do so. Yet, upon our return, we encountered open hostility and doubt. It should be noted that other law students who have competed nationally have encountered similar problems. I find this entire situation appalling. The purpose ofthis letter is to inform the student body of the ineptness and confrontational attitude withwhich a member of the law school administration has handled this situation. I had previously heard various stories regarding the poor treatment of students by other administrators. Now, having seen it first hand, I believe. I don't see how the law school can expect positive evaluations with regard to its administration when it treats its students in such a disrespectful manner. This is truly a shame, especially considering the law school's enhanced curriculum. As a soon to be alumnus, I can expect a phone call in the near future asking me to donate funds to the law school. Before this incident, I would not have hesitated, as I have, for the most part, enjoyed my time here. Now, the school will have as hard a time getting money out of me as I had getting my money out of it. Or maybe I'll just tell them to go ahead and spend the money, and To my Fellow Classmates, I am the Judges Chair for the Buffalo Moot Court Board. As a member of the Buffalo Moot Court Board, I was eligible to participate in a national moot court competition. Last February, Tom Kent and I traveled to Florida to compete with law students from around the country. Initially, I was proud to represent our law school, and I considered myself lucky to be able to do so. However, the way in which the school has handled the reimbursement for my participation in this competition has made me regret my decision to compete. Prior to making the trip, Mr. Kent and I had several discussions with Gloria Pavelijack, the Assistant to the Dean for Resource Management. Mrs. Pavelijack instructed us to keep all our receipts so that we would be properly reimbursed. When we asked Mrs. Pavelijack about transportation between the hotel and the competition, Mrs. Pavelijack explicitly stated that we should rent a car if (1) the host school did not provide a shuttle service between the hotel and the competition, and (2) the competition was not within walking distance. Not once did she ever mention the possibility of taking a taxi. In fact, her only advice to us, with regard to transportation, was that if is was necessary for us to arrange for transportation to and from the competition, that we were required to rent a compact car. Upon our return, Mr. Kent went to Mrs. Pavelijack to request a form to which we could attach our receipts and tabulate our expenses, which we were given. This is where our troubles began. First, when we turned in the form to Mrs. Pavelijack, she became argumentative, insisting that we had used the wrong form for our receipts, despite the fact that we had received the form from her assistant. Second, due to the fact that I had inadvertently lost my plane ticket stub, I had to submit other documentation in order to be reimbursed. Yet, Mrs. Pavelijack, adamantly refused to submit it, stating that the application would be flatly rejected. While this may have been true, I was angered by her refusal to even submit this supplemental documentation, as I would be the one who would be forced to absorb the cost of the plane ticket, not her. Thus, sinceit was my money at stake, I felt that Mrs. Pavelijack was completely out of line. In addition, because I lost my plane ticket stub, Mrs. Pavelijack had the gall to insinuate that I had not even gone to the competition. Apparently, she was unconvinced by my credit card bills, containing my signature, from restaurants in Florida, on the dates of the competition. It was soon to become abundantly clear that Mrs. Pavelijack was going to fight us over every dime. Every I'll reimburse them. by Scott Riordan, 3L meal was disputed, and we learned, after the fact, that while the school would pay for certain meals, tips were not included. Furthermore, on one occasion, I had eaten at a restaurant instead of at the banquet. Mrs. Pavelijack immediately took issue with this expense, informing me that I was obligated to eat at the banquet. and students: I explained to both Dean Cook and Mrs. Paviljack that I had missed Dear faculty, administration name is Thomas M. Kent and I am a 3L. I concur in My the dinner at the banquet because I had to pick up a prescription at Riordan's sentiments regarding our attempt to obtain a the pharmacy before it closed. When I returned to the banquet, Scott money we spent in connection with a national dinner had already been served. Mrs. Pavelijack then asked me to reimbursement for the competition. I had hoped that the nightmare would end turn over the receipts for my doctor's visit and prescriptions. I moot court thought that this was a rather odd request, considering that my Continued on page 13 THE FINAL CHAPTER 12 �The Final Chapter... Continued from page 12 with the submission of our request for reimbursement, but I was wrong. We received our reimbursement checks and they appear to be seve4ral hundred dollars less than what we understood would be submitted for reimbursement. Since then, I have made numerous unsuccessful attempts to obtain a copy of what Gloria Paveljack submitted for reimbursement. Ready to give up on the whole situation, I turned to Dean Marlene Cook for help on April 15, 1998. She helped Scott and I in the past with this nightmare, but she stated that she could not help us obtain the information we sought. She then proceeded to tell me that they had never had a problem in all the time that they had dealt with the moot court until Scott and I came along. She informed me that from now on, students who wish to travel to competitions will have to sign all sorts ofwaivers (a bill ofrights if you will) before they travel, including one in which they will have to agree that if they lose they will have to return home immediately, rearranging their entire travel schedule. Based on my experience, taking the time to put things in writing and ensuring that all parties are properly informed is a good idea. Dean Cook did not agree. The remainder of the conversation will forever change my opinion of how students are sometimes treated at our school. Dean Cook informed me that Scott and I will be remembered at the University at Buffalo, School ofLaw for the problem we supposedly created and the "bad" changes it inspired. So, by her account, the legacy we leave behind will be a detriment to students. If I understand this correctly, Dean Cook and Gloria Paveljack have identified the root of the "problem", an utter lack of organization, guidelines and willingness to work with us, and the "bad changes" that need to be made, written guidelines and ensuring that all parties are informed. As a result of that, Scott and I will some how be remembered as the bad guys. If that is how Dean Cook and Gloria Paveljack want to view it, then so be it. I give up! I just hope that any of you who are willing to sacrifice your time to write a brief, travel to a national competition, represent your school at several rounds of oral argument, and defeat other law schools to help establish a national reputation for our school do not ever have to go through what we have been through. Change and the students who inspire it should not be looked down upon. Those who oppose change should not attempt to create the impression that they are being forced into it by no fault oftheir own. The problems we had to deal with existed long before we ever made plans to travel to a national competition. I ask that thefaculty and administration keep in mind that no student should ever be made to feel that they are wrong to bring a problem to the attention of those responsible for creating it and ultimately correcting it. Lastly, I can assure the faculty, administration and students that the legacy Scott and I will leave behind, contrary to what Dean Cook may think, will be one of hard work, a commitment to excellence and long legal careers that will bring honor and recognition to the University at Buffalo, School of Law. by Thomas M. Kent, 3L I<Mr. *Qiy I wish you well during the examination period and your summer break. 111 S*-vt H , YriK£s f{ T>({S Off. — I— f SETTLE ,(/ -TU£G~OVT I 13 ' r' c Cr 01/ ' 7—_ / PKoviDFjM/\f\J/ Uk£ PROTECTION. e U2Sj?VS * i I £tfT^ �COMPUTER LAW UB SURVEY Rememberthe UB Law ComputerSurvey... Are the results in? Yes! I'm sure everyone hasbeen waiting withbated breath to discover the results of the UB Law Computer Survey that appeared in a recent issue of the Opinion. Well, you can all relax now, because you've responded your voice has been heard!... The mind-numbingly complex task of tabulating the vast trove of returned survey cards has finally, after much effort and toil, been completed and we've moldedthis sea of raw data into a vast all encompassing Gestalt, a unified and rigorously exacting portrayal of your ÜBComputerlabanschauung,[l] if you will. So without further digression, here, taken question by hard-hitting question, are your responses: — — Ql: What letter grade would you give the UB Law Lab, based on how much it meets your technology computing needs? A: It was an even split. Half of you gave the lab a D, the other half (and you know who you are) gave the lab an F. Q2: What do you think about the administration's new BYOP* policy? (* Bring Your Own Paper) A: Well, all responses prominently featured a word thatbegins withS and end with UCKS. You figure it out (we can't print stufflike that in a highminded paper like this). One response suggested (hat the administration should "cut administrative salaries"instead of requiring law students to pay for theirown printing. Remember we, as studentsof this fine institution, do pay a technology fee, which conceivably could be made to cover the cost of printing paper. — * The Opinion's UB Computer Lab printing tip for power users: * For Mac users: go to the well-equipped lab in the Baldy basement. There's about 30 PowerMacs down there, 4 laser printers, thepaper's free,there's full internet access, and it's quieter than any otherMac lab this Mac user's ever seen. Additionally, there'sthe lab inCapen two rixjms chockfull o' PowerMacs (2nd floor in the library). Also, it has the only two scanners on campus for all your scannin needs plus plenty o' graphics apps, and thepaper there is "on the house. " — ' For PC users: Capen has a PC lab 100, for those ofyou on the Wintel side of things. It's often crowdedand it's not the quietestplace in theworld. But the printin' is free 'n easy. Q3: Do you primarily use your own computer or do you rely upon those provided in the lab? A: Halfof you were mostly home users. The other halfsaid you used both a home and a lab 'puter equally. Some expressed the fact that in the past they relied on the UB Law Lab for printing. (See above tip.) Q4: Do you use anothercampus lab insteadof the law school's lab? If so, please specify which. What are thereasons you choose lo use thislab over the lab in the law school? A: A lot of you apparently use other labs, some mentionedwere the labs in 14 Baldy, and the "Health Lab." Your reasons for using the other labs: free printing, fast machines, quicker computers, and lo "escape students from law school." Q5: In what way wouldyou like to see the lab improved? Please describe. A: Some verbatim responses: "quicker computers, paper" and "Better machines, increased oxygen, decreased heat." Q6: Do you find the internet access on the Lab computers adequate? A: You said: "No. Slow access." "Please wait while I download " Apparently the speed of the law lab computers was one pet peeve of many of the law school's UB Compulab-usin' 1-nelsurfers. Q7: What computing platform do you use at the Lab? A: The answer was a resounding "the PCs." Mac users, your silence hereis not golden. (In fact, gentle reader, I, your humble servant and card-carrying Opinionstaff member, I am the only person I know who uses the Mac side o' the Law Lab.) Q8: What computing platform do you prefer to use/ use at home? A: There was, oddly enough, a 50-50 split between the responses we received. Half of you use IBM Mainframes at home!The others identified themselves as PC users. We did not hear from any Commodore 64 users. But we know you are out there... Q9: What is your prefered word processing application and version? A: All I can say is "Where do you want to go today?" You guys are big Microsoft fans apparently. ALL responses to this question were ALL identical: 100%of you answered "Microsoft Word." Monopolistic practices or mere coincidence? You be the judge. [2] Explanatory notes: [1] ÜBcomputcrlabanschauung = from the German feminine noun "Weltanschauung," which itselfis derived from the feminine noun "die Welt" (the world) and "anschauen" (to view). (Hint: Weltanschauung means 'worldview' or 'view of the world' So, ÜBcomputerlabanschauung means 'computer lab view' or 'view ofthe UB computer lab. ") [2] NB: The results of this survey may perhaps not be an entirely 100% accurate representation of your views on the UB Computer Lab. This, please note, is not for want of investigative accumen or due dilligence on our part we ran the survey, we searched out the truth... But we received only a mere pittance of two returned and completed survey forms. In spile of this — fact, however, we do believe that the views expressed by those who did respond do, to a large extent, accurately reflect the views of many at this school of ours, as concerns the aforementioned Compulab. by Ken Grant Wk �Put it quite simply, the Sabres do not look like a true contender to the Stanley Cup finals. It is true that a team with a hot goaltender can ride that goalie to the cup. But the Sabres are not a good enough team to ride a hot goaltender anywhere. Hasck can only get them so far. If they end up playing Washington in the first round, then the Sabres have a legitimate chance. I think they can beat the Capitals in 6 games max. Boston on the other hand is going to be a big problem. If the Sabres have to play the Bruins, you are talking about a team with a nice mix of vet leadership (like Borque), and exciting youth (like Samsanov) all around their team. Plus they have adequate goaltending enough to beat back Buffalo's lackluster attack. Regardless, after the first round, there are a punishing array of teams left in the East to insure that the Sabres don't make it to the finals (of course, its difficult to predict far ahead in these things. As for the rest of the East, you have to like the Devils. When it comes to goaltending, they have the same situation of Buffalo a top notch netminder named Brodeur who has already won a cup. Unlike Buffalo, they play a much more efficient game and trap defense. They also have a better offensive potential especially if Doug Gilmour is healthy and Jason Arnott snaps out of it and realizes his potential. The Flyers are the same big hitting team as they were last year. Lindros is back from his concussionhe suffered last month (though he is a bit rusty). The Flyers goaltending situation is no better than it was last year or the year before or the year... They needed lo acquire a money goaltender, and ended up with Burke. Burke and Hextall will not get you a cup. As for the other teams in the East, I don't expect any of them to be serious threats to go to the finals. Montreal looked hot for part of the year, but they have leveled off. Ottawa doesn't score enough goals and doesn't have a New Jersey-like defense to get away with it. Boston is a year away (especially of Thornton develops like he was supposed to). Pittsburgh? They're making a nice run, but they remind me of a team running on adrenalin (and in this case, Jagr's constant sulking). 800 hoo, Pittsburgh, Super Mario is not coming back. The West contains a strange mix of legit contenders and teams that have no business being in the playoffs. Dallas looks hot this year they are in a tight race (with the Devils and Red Wings) for the Presidents Trophy (for the best record). Something tells me they aren't going to the finals this year. .Because I think it's either going to be Detroit or Colorado. Detroit is running on post-Konstantinov adrenalin (for those who don't recall, shortly after they won the cup, Red Wings defenseman Vladamir Konstantinov was seriously injured, along with the team masseuse in a car accident). They simply seem dominant this year. Colorado seems out of gas. Here we had a team that was poised to become the next big dynasty in the NHL and they seem disinterested. Don't count them out though. They have 4 big first round draft picks when the season is over. They'll be back. Finally, as for St Louis, Los Angeles, Phoenix, Edmonton, and San Jose forget about it. No chance. San Jose? They have a team there? Of course, who am I to talk? I'm a Rangers fan. My team utterly sucked thisyear. Wayne Gretzky should win an iron cross for putting up with such a lousy team. Sure, Potvin sucks, but not nearly as much as the Rangers did this year. As for the awards, here's my quick run down. Hasek will win the Hart trophy (MVP), Brodeur will win the Vezina trophy (best goaltender), Jagrwill (if I remember the slats correctly) win theArt Ross Trophy (top scorer in the league), Lidstrom will win the Norris Trophy (best defenseman), and coach of the year will NOT be Colin Campbell. Red Wings will repeat as Stanley Cup champs, and Vlady will be wheeled onto the ice (in his wheel chair) at the end of the finals to deafening cheers from the crowd. Vincent LeCavaleir and David Legwand will be the first two players drafted in the entry draft this summer, and if I am lucky, the new Nashville Predators will draft Jeff Finley from the Rangers in the expansion draft. — What the heck did he do to his ID card???? - — K JKLJLKJ .. - The Hockey Playoffs... by Russ Klein Well, thattime is here... It's Stanley Cup lime. Since this indeed Western New York we are dealing with, I bet a lot of you are interested in knowing who will and who will not succeed in the playoffs particularly as it relates to the Sabres. Because of the way the seeding works in the NHL, the Sabres could end up playing Washington or Boston, either as the home team or the away team (they are tied for 4th place with Washington, but the Capitals have the lie breaker by virtue of more victories and Boston, which also would have the tie breaker with the Sabres, is just behind in 6th place). -- — 15 - �In Your Neighborhood presents... Focus on "Patent Specialists in Your z Neighborhood" — These are the people in your neighborhood... ...in your neighborhood... Professor Michael J. Meurer after having made many disclosures enabling the students of his class to better comprehend the law ofpatents in the best mode possible. ...The people that you meet, while you We walking down the street... The people that you meet each Joe Young, 2L: Non-obviousness personified. PERSONALS From: Sharon Entress LI/Lift ilia/ iLaii' cl To: Valeric Milonas Thanks for being the best friend ever. This school is going to miss you (and so am I!). You are going to be a great lawyer. Good luck this summer and keep in touch! iieta-n b-a--x Iti/ -the Opinion 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 16 20.04.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 16 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c17950682789fcff1b062732ed7db627.pdf 668b3c4949914215d40a4e5d38a93a77 PDF Text Text wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 OPINION "Vi veri veniversum vivus vici. " Vol. 39, No. 1 09.08.98 THE CLASS OF 2001 HAS ARRIVED - Approximately 100 150 first year law students, administration, and alumni packed into Pistachios for an end of orientation week party on Thursday September 3rd. The party, which featured catered food, soft drinks, and beer, served as a medium for law students to get to know one another. It was also an opportunity to meet with alumni, and even have a beer with their professors. The orientation about what to expect from schedule got off to an their law school experience. energetic start on Friday, Shortly after the August 28th at 9am when morning speeches, the new students arrived at students divided up into preAfter assigned groups, and were O'Brian Hall. receiving their name tags taken on tours of O'Brian and information, and Hall and the campus. The helping themselves to the tours allowed the new lLs to free catered continental get a feel for the school, breakfast, the students while getting objective moved into room 104 and opinions from experienced heard from a wide variety of law students. The tours administrators and faculty culminated in a picnic held LAW REVIEW TO RELEASE NEW EDITION THIS WEEK Fall 1998's edition of the law review, under the leadership of new Editorin-Chief Elizabeth Reiter, will be out this Thursday. This fall's law review presents issues ranging from the zoning of New York City sex shops, to taxation of personal injury awards. Writing about New York City zoning laws and the First Amendment are UB alum Herald Price Fahringer ('56), UB Professor George Kannar, and New York attorney Albert Fredericks. Aggressively enforced by New York City Mayor Rudolph Guiliani, the zoning laws in question break up "red-light" districts in the city. Professor Kannar introduces the dispute, describing the situation in Times Square, and citing Broadway lyrics to bolster his presentation of the issue at hand. Fahringer, who has worked for publishers Al Goldstein and Larry Flynt, takes the con side, arguing against the constitutionality of the as laws enforced. Fredericks takes the prevailing view, writing in support of the enforcement. Editor-in-Chief Reiter called Kannar's note "creative—it points out new ways of looking at the argument." The law review's coverage of the issue, she said "fills in the whole account of what's going on." The arguments range from the constitutional, to the more empirical—such as what type of statistics are appropriate for use when studying population density as it relates to sex shops. R. Philip Manns, Jr., addresses tax law and liability awards in his article. His focus is on personal injury settlements. There are three student articles. Jeremy Best, '98, wrote on New York's managed care legislation. Ryan Everhart, '98, also addressed managed care Continued on page 3 near Ellicott Quads. Nearly 100 people showed up and ate freshly grilled hamburgers and hot dogs, plus salad and potato salad. Finally, the first years got down to business. Monday, August 31 marked the first day of classes for lLs, with courses such as Intro to Perspectives challenging students to question why they were in law school, and what they expected to get out of the legal education experience. Last week also marked the beginning of Legal Research and Writing, the core class that teaches students the proper way to communicate in the legal world they are entering. . The final cornerstone to the Orientation week foundation was set with the The Class of 2001 Continued on page 8 .. Inside This Issue... SUMMER SEES CHANGES IN UB LAW ADMINISTRATION This summer restructuring serious brought to the Faculty and Administration of UB Law. At various points throughout the summer, Dean Shields, Dean Farrell, and Assistant Director ofAdmissions and Financial Aid Kirn DeWaal all resigned. Numerous others were promoted or hired. • Vice Dean for Academic Affairs Nils Olsen was promoted to Dean of the Law School. Olsen is replacing Dean Barry Boyer, who resigned from the position last semester. Professors Dianne scriptions: Dean of Students, and Assistant Dean of Admissions. According to a memo from former Dean Boyer, "her departure will lead to a re-organization of student services that will enable us to provide improved services and student support in key areas such as the Career Services Office, student recruitment/retention, and financial aid." The positions will be posted both Avery and Peter Pitegoff internally and nationally. were appointed Vice Deans Until then, Deans Avery and of Curriculum and Aca- Pitegoff will handle student issues. demic Affairs. Dean Farrell has Professors Errol been replaced by his assisand David Meidinger Engel were also made Vice Deans tant, Mary Ann Rogers, who of the Law School. Tim has been working at the law Tryjankowski was hired as school since December the Director of Recruitment. 1997. As the new Dean of The administrative Development, Rogers will her work changes that started with the continue resignation of Dean Boyer fundraising, working to deare being viewed as a posicrease UB Law's reliance on tive step by the administra- taxpayer funding. Kirn DeWaal has left tion, with the restructuring presenting the opportunity to her position to spend more address student needs. Continued on page 3 1 Editorial announces 50th anniversary of the Opinion! 2 The vacancy left by Dean Shields, who moved on to a position at North Carolina State, is being filled with two new job de- Message from theLaw Review. 3 News in brief. 3 Supreme Court Justice Lewis Powell Dead at 90 4 Opinion retrospective, complete with classic photos 4 New Director of Recruitment ....5 The Anarchist deals with sex in the city 6 The only cartoon! 6 Buffalo bars reviewed for law students, by | law students 7 Orientation pics 8 �wings, buffalo, edullaw I opinion Vol. 39, No. 1 09.08.98 50th ANNIVERSARY OF THE OPINION! as low as possible. What Salutations, UB Fool's article. does law students, and welcome Suffice it to say, if this mean? For one, to the 50th anniversary of this thing already didn't if you have any of those the Opinion! To celebrate look like the second cousin old white paper issues our half-century in print, of a tabloid, a judicious from Spring, hang on to the Opinion will be bringing you a special feature all this year: a retrospective corner, reproduced from issues past to familiarize you with some of the history of your law school. Before you roll your eyes and mumble "whoop-de-do, a historical corner," let me assure you, there's been some pretty juicy news over the last fifty years. Scandals over the "Law Student Wives" Group, law students allegedly shot by Buffalo police, FBI protests, SBA scandals (believe me, we have it good these days), and many a funny April sampling of previously published articles would help us compete with the Weekly World News. Which, considering how much advertising revenue we have to generate, doesn't sound like such a bad idea. Speaking of advertising revenue, those of you returning for their second or third years may have noticed a slight format change for the ol' Opinion. This is because the advertising we need to run, to justify our journalistic existence, requires a larger format, on newsprint, in order to keep costs . 'em—they're sure to be collector's items any day now. And for two...well, actually, that's about it. The paper will still come out once a week, on Mondays. It will still be distributed to your box. It will still print anything you elect to submit. It will be more than happy to run flyers and advertisements for events and meetings of student groups. And it will, to the dismay of few and the delight of many, continue to be on the cutting edge of amateur political cartooning. Of course, we are actively seeking out writers—especially columnists, of all political bents and persuasions. Most of you have read this spiel before, so before I continue ad nauseam, I'll reign in and merely say: Just as you can judge the character of a society by the quality of its prisons, you can discern the caliber of a law school by the vitality of its newspaper. You think those curs at Newsweek don't look at the paper when they rank us within an inch of our lives? Contribute to your newspaper and help us make it into that coveted first tier! The Opinion staff is looking forward to a vigorous year at ÜB. We hope to host a variety of debates is our pages. We look for- ward to publishing a great deal of criticism, and (hopefully) even more praise. On a social level, we anticipate reviving the dormant tradition of the "Law Revue" at ÜB-a variety show that will be hosted at the Opinion Bar Night. For any of you out there with exhibitionist tendencies, be prepared to perform for your fellow students in this time-honored tradition. If Felix Frankfurter did it, well, then you can, too. We look forward to your submissions. Enjoy this week's edition of the Opinion. S. A. Cole Editor-in-Chief WEQOT LETTERS! BUFFALO HUMAN RIGHTS Dear Editor ofthe Opinion... LAW REVIEW The Buffalo Human Rights law Review welcomes all first year students to the University at Buffalo. As you will soon realize, the law school has a wide variety of organizations to join, undoubtedly, each person will find his or her niche. If you are interested in human rights, or topics related to international law, politics, economics, or high-quality journal. Each published articles which associate spends at least addressed human rights and three hours per week trade, freedom of speech, checking cites, contacting immigration, and socioUB Law authors, and working on the economic. Makua Mutua has publication. In addition, the Professor, been instrumental in associates write a fortypage note on their area of obtaining articles from many interest and have the talented and prestigious The members of the Review opportunity to be published authors. We welcome all of you to stop by the office so are a diverse and fun group in the journal. that you may read some of of people, who are all dedicated to producing a The Review most recently these articles and meet the sociology, then you may want to consider becoming a member of the Buffalo Human Rights Law Review. Membership to the Review is based on a writing competition which is held in the spring of your first year. Editor in Chief S.A. Cole Graphics and Layout Editor Ken Grant Business Manager Managing Editor I Managing Editor II Dan Baich Cindy Huang Joe Huang News Editor News Reporter Kevin Hsi Columnist Randy Janis Columnist Katie McDowell Adam Perri Russ Klein Vacant If you are interested in human rights or would like to learn more about the journal, we would be willing to meet with you personally. Please contact either Stacy Sandusky at 773-2630 or Ryan E. Harden at 694-8769. Staff: Columnist Op/Ed Editor member of the journal. The Human Rights Law Review is located in the Human Rights Center (523). Web Editor Photographer Russ Klein Ken Grant The Opinion. SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly lhroughou( (he Fall and Spring Semes(ers. The Opinion is (he student newspaper of the Sta(e University of New York School of Law. Copyright 1998 by (he Opinion, SBA. Any reproduction of materials herein is strictly prohibi(ed wi(hou( (he express consent of (he Edi(or-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if i('s on disk, you can push it lo layout lime on Thursday., .no la(er (ha( 6:(X) PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Wri(e your box number on your disk if you want it returned. While the Opinion will nol print libelous or anonymous material, all submissions shall be primed enrirely and exaclly (so provided (hey are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). proofread your ma(erials), The Opinion in no way endorses (he viewpoints of its various columnists and conlribu(ors_ Considering(ha( (he Opinion isn'l ac(ually a sen(ienl being, ii also doesn't (hink Ihere's anything wrong wi(h any viewpoim expressed in (his publication. Vi Veri Veniversum Vivas Wei. "We have a First Amendment and we know how to use i(." 2 Translation oj our Latin Motto: "Puttin ' the smack down on the Harvard Record week after week " �wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 BUFFALO LAW REVIEW GREETS 1L'S The Buffalo Law Review is an organization which edits and publishes legal articles, essays and book reviews submitted by professors, practitioners and students. The Law Review has a prominent history at the University at Buffalo. Indeed, our alumni are among the most renowned members of the legal profession throughout the country. Since its inception in 1951, the Law Review has itself distinguished nationally by publishing significant, cutting-edge contributions to legal analysis. Our journal contains a broad array of articles of interest to and academics practitioners alike. We strive to select materials for publication which address current, pressing legal questions and present valid criticisms of our legal system, in an effort to contribute to the process of legal reform. Recent editions of the Buffalo Law Review have materials included, discussing topics such as arbitration, bankruptcy, cyberlaw, gender issues, homelessness, labor law, multiculturalism, Native American rights, international human rights, federal income taxation and health care reform. In addition, we have received national recognition over the past few years for hosting an annual Buffalo Law Review Symposium, which surveys a timely and interesting legal issue. Past symposia examined issues such as the New York State death penalty, the emerging field of cyberlaw, and Native American governance and we sovereignty as approach the twenty-first century. This year's symposium will focus on issues concerning regionalism. Members of the Buffalo Law Review have the opportunity to hone their researching, citechecking and editing skills. In addition, all Law Review members compose an article during their first year on the Law Review, analyzing a topic of their choosing. In the process of bringing the article to completion, student authors receive constructive criticism and guidance from third year Law Review members, thereby improving their writing skills while being introduced to the initial stages of the editing process. At the end of each year, a number of these student articles are selected for publication in the Law Review and other Journals. prominent provides an additional forum in which you can meet students outside of your section. In order to become a member of the Buffalo Law Review, first year students compete in a writing competition in the Spring or Summer of 1999. Second year transfer students have the opportunity to compete in the case note competition this September. This year is an exciting time for all of us, and we encourage every first year and transfer student to participate in the competition. Welcome to the University at Buffalo Law School and best wishes during the upcoming year. First year students often become involved in the Buffalo Law Review's student mentoring program in which each first year participant is matched with a second year Associate. The Associates are available to answer your questions throughout the year, help you adjust to law school and provide suggestions regarding studying and exam-taking strategies. We would strongly encourage you to become involved in this program since, in addition to providing an valuable Buffalo Law Review educational resource, the 605 John Lojd O'Brian program Hall mentoring Law Review. Continued from page 1 in New York. Jay Ovsiovitch, '98, wrote on reporting infant mortality rates under the Human Rights Convention. Summer Sees Changes in Administration... Continued from page 1 time with her family. In a letter to the student body, she wrote, "I realize that my decision creates a void in the all-important area of financial aid...beginning the week of September 14, I will be available to answer financial aid questions every Wednesday (location to be announced)." The administration is working quickly to find a full-time replacement. The faculty gained two new members in husband and wife Bert and Amy Deen Westbrook. The Westbrooks will expand the curriculum's international corporate law and finance offerings. UB NEWS IN BRIEF... Tuition Increase for Fall 1999 The SUNY Board of Trustees voted to increase tuition at UB Law $500 this year. This will put the cost of a UB law education at $7,850. Aside from CUNY Queens, which is comparably priced, tuition at UB will still be $10,000 less than the next least expensive law school eduction in New York, at Albany Law School. The additional fees will be used to improve student services and facilities at UB Law. Law School Bookstore to Take Cash The Law School Bookstore, notorious for only accepting checks for course packets and UB Law merchandise, will now accept cash. "For the returning students, it's a semi-relief," saidTim Konti, the store's sole clerk, referring to the long tradition of students being turned Computer Lab Has New Computers away for lack ofchecks. UB merchandise, notary services, and a fax machine are now available in the store; the hours are M-F 9-10, 11-12, 1-4. New Student Lounge To Debut Soon The new student lounge, on the first floor of O'Brien, will be complete by the end of this month. Funded by a ten-year advance tabling fee by Bar/Bri, the lounge will be accessible only to law students. "It's going to be beautiful," said Dean Fleischman, as the work rapidly progressed throughout the end of August. The lounge will have new furniture, a television, and a VCR. Law students should be prepared to self-police the lounge, keeping it exclusively the province of law students. 3 The PCs in the computer lab have been replaced with newer machines. Pentiums with 64 megabytes of RAM, running Windows 95, and equipped with Office 97 and Correl Wordperfect 8 can be found on the 4th floor. The lab also had new security procedures, requiring students to register and sign in before commencing their work. In a surprise change, printing will be free. New Committees Forming to Improve UB Law Professor George Kannar will be chairing a new Facilities committe to oversee changes in the Law School building. The goal: to make the law school a more professional and pleasant space. Former Dean Barry Boyer, returning as a full-time professor, will be chairing the Technology Committee. �Vol. 39, No. 1 wings, buffalo, edul lawI opinion 09.08.98 Opinion Historical Corner Since this year will bring us the much-anticipated Law Student Lounge, as well as other facilities improvements, the week's sampling History is from the first issue of the Opinion ever published on this campus. Volume 14, Number 1 September 20, 1973 News Headlines LAW SCHOOL ROLLS OUT CARPET FOR NEW STUDENTS: NO SEATS "No one could escape astonishment upon entering John Lord O'Brian Brian Hall, the first academic building at the North Campus of the State University of New York at Buffalo. We're really here." "New students and faculty imagine the cannot transplant shock apparent on the faces of faculty, administration and returning students. Gone are the cramped spaces, faulty desk arms and standing room conditions of Eagle Street." "Few tears will be shed for the old lounge (that travesty of a room) or the old library." ATTICA DEFENSE about the lack "Complaints MOVES TO DISMISS "The contrast is nothing less of decent student lounge -By Kay Wigtil than stupefying. It will be space will doubtless mount "During the summer I was weeks before students can steadily." one of six UB law students see the books for the library. who received grants from Nor will many take notes "Still and all, weare so much Law Students' Civil Rights when surprised by the better off here than we were Research Council to spend peacock colors of our new back in the black holes of the summer working for the classrooms. The views from Prudential and Eagle, it will defense of indicted Attica O'Brian Hall's several sides be only the ingrates and the Brothers. Here I would like will be better known than Opinion who would dare to share some of what I have Hadley v. Baxendale. In cast stones here in paradise." learned and observed as a result of this work." fact, faced with such a plethora of pleasures, we PRESIDENT'S CORNER may all flunk out." "The conclusion I have —By Marty Miller drawn about Attica is that (the SBA President the only way justice will be "It must be admitted, however, that O'Brian Hall addresses the student body) achieved is for all of the is not the ultimate "This summer, I attended the charges against the Brothers expression of form and American Bar Association- to be dropped, and the 28 Law Student Division demands they made during function." Convention is Washington. the rebellion to be "The Opinion will happily It was a worthwhile implemented." keep a list of shortcomings, experience for me as an and individual, and left me inadequacies, horrendous oversights convinced that we should FOUR PROFESSORS JOIN discovered by students seek to participate actively in FULL-TIME FACULTY IN ABA-LSD activities." 1973-4: Jack Schlegel, L. throughout the year." of Opinion Thorne McCarty, Janet Harring (later Janet Lindgren) and Barry B. Boyer LIBRARY OPENS AMID BLOOD, SWEAT, AND FEARS "Hampered by moving problems and late installations along with other departments, the library has had to deal with a June fire in the furniture which was factory contracted to supply architectdesigned study carrels and tables--a fire which destroyed over 50% of the library's seating capacity." "Most spectacular of the new library's assets is a book sensitization and detection system which will severely hamper the scores of petty thieves and master criminals Continued on page 5 LEWIS POWELL DEAD AT 90: NIXON APPOINTEE AND SUPREME COURT CENTRIST By SA. Cole, Editor-in-Chief Anyone who has Court would be, Powell felt read Bob Woodward's book it couldn't compare to the The Brethren is sure to hands-on negotiation and remember the vivid story of litigation that had made his clashing wills that lead to reputation. Nixon, desperate, Lewis Powell's appointment to the Supreme Court in decided to call Powell 1972. Having promised the country a Southerner, Richard Nixon was being thwarted left and right in his attempts to appoint a conservative from the South. After a series of crushing with one defeats, conservative after another meeting with rejection at the hands of the Senate, Nixon tapped a prominent Virginia attorney to consider the position. The Virginian considered it—and refused. Lewis Powell loved the practice of law. Further, at the age of 64, he thought his career was almost over, and he had no intention of starting another. For him, himself; during the call, he impressed upon Powell that accepting the position was the only patriotic and loyal thing to do. "It's different when the President of the United States calls you up and asks you. It's impossible to say no. I did, however, ask him for a day to consider the matter," Powell reminisced in a 1987 interview. After 24 hours, Powell gave the President his answer: he accepted the nomination. This, however, really only began the process. Coming next was the Senate confirmation hearing. If Powell got half the sacrifice of his privacy, the grilling they gave the last his leisure time, and most person they rejected, Judge importantly, his thriving, Haynesworth, he was in for involved practice, was just a rough time. too great a price to pay. No Senate, The how or however, only questioned matter powerful prestigious a position on the Powell for a day. He was voted in with only one "nay." During the voting, Powell got a call from an acquaintance, who informed him he was going to be confirmed. "Do you know why they're going to confirm you?" No, said Powell. "They're going to missed. But no one ever brought it up as an objection to my being there." Powell served on the Powell was the crucial fifth or "swing" vote, leading to a 5-4 decision rejecting the argument that the right to privacy established in Roe v. Court until 1987, when his extended resignation touched off yet Wade to another infamous rejection homosexuals. After his of a conservative nominee: resignation, Powell declared Robert Bork. Eventually, that now he would "vote Powell was replaced by differently" on the case. The death penalty Justice David Souter. confirm you," the man went on, "because they think you're going to die." Powell's death in late August has been noted as the passing of a "great Powell, not in the best of health, but obviously not at death's door, was sworn into the Supreme Court in 1972, 45 seconds before Justice Rehnquist (and therefore, in the protocol of the Court, forever his senior). The two Justices took the place of John Marshall Harlan and Hugo L. Black. Powell, the Southerner, took the place of fellow Southerner Black. Powell liked to tell the story of how, technically, he was never actually sworn into the Court. "I missed a few words, there, in the oath," he said. "There were centrist," yet this, of course, is in comparison to the increasingly conservative nature of the Court as the Warren Era passed and the Burger Court took shape. As with fellow late Justice was another area Powell rethought after his tenure on the Court was over. His reasoning was typical of his carefully considered approach to the law; feeling that the death penalty could never be administered fairly, he opposed it because of the Harry Blackmun, Powell negative implications its use developed some liberal presented to the law. When asked who is leanings later in life, although Powell was retired favorite Supreme Court by the time he started Justice was, Lewis Powell expressing his new beliefs. answered "John Marshall." His most lamented A traditionalist through and (from a variety of through, Powell was a perspectives) re-thinking consummate Supreme Court was his new position on the Justice who's life reflects a right to privacy and true commitment to the law, a devotion to same-sex and consensual intercourse. In the notorious unemotional but passionate some words to repeat that I case Bowers v. Hardwick. interpretation of the U.S. measured, Constitution. 4 �wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 NEW DIRECTOR OF RECRUITMENT PREPARES TO PROMOTE UB LAW Hitting the ground running after a summer of staff changes, new Director of Recruitment Timothy A. Tryjankowski was there to greet incoming lL's on Friday, August 28, the first day of Law School Orientation. Getting to know the new student body before hitting the road for an autumn of travel, Tryjankowski greeted new students and hobnobbed with returning 2L Orientation and 3L volunteers, familiarizing himself with the student body of UB Law. It was an auspicious debut for the man who will soon be out seeking the class of 2002. Tryjankowski may be a part of the summer shakeup, but his position is all new, and his duties are geared towards vigorous promotion of UB He sees his new Law. position as challenging but painless, with such things as the unique UB curriculum, the power of the faculty, and the rising prestige of the school making a UB Law education a desirable commodity. "I don't see my job 'sell' job—l see it as an as a 'announcement' job." Preparing to tour the Northeast in a flurry of recruitment, Tryjankowski talked to the Opinion on Monday, August 30, about his new job, and his first two weeks working at ÜB. "I've been learning from the faculty and the administration, getting a concise idea of who we are. Tryjankowski was hired after a internal and a national posting announced the Recruitment position. He is a graduate of Xavier University in Public Relations and Marketing, and has a Masters Degree in Higher Education from ÜB. Before getting his Masters, Tryjankowski spent six years working for Historical Corner... Continued from page 4 who yearly decimate the library's effectiveness for their fellow-students." their roles in their husbands' careers and in the community." "Students should no longer DOUGLAS TO SPEAK be plagued with the chronic inability to find anything, in "United States Supreme Court Justice William O. the new law library." Douglas will appear on on Campus South FOR INFORMATION'S November 27. Keep your SAKE (remember, this is calendar open. More information later." 1973) "The first-year class has 318 members, 246 of whom are ALUMNI LINE male and 72 of whom are female. The 37 minority "O'Brian Hall is not the students are 26 men and 11 only building on the North women. Last year's first-year Campus that is named for class was composed of 188 an alumnus of the Law students, of whom 141 were School. Rising just to the men, 47 were women, and 24 east of O'Brian is the Education and Philosophy were minority students." Building which has been named after Christopher Baldy, '10. Baldy Hall is LAW WIVES NEWS "During the coming semester, about a year away from the law wives plan to have occupancy." mini-lectures by the law school faculty paralleling the "John Lord O'Brian, '98 [uh, that's 1898], after students' courses." whom the law building is "On October 15th, the law named, died in April in wives will meet to hear four Washington, D.C. at the lawyers' wives discussing age of 98. "I don't see my job as a "sell" job, but as an "announcement" job." —Tim Tryjankowski, New Director of Recruitment Senator Stenkowski in the New York Senate; after getting his Masters, he spend three years wording for the Office of Student Life at ÜB. Throughout midinto September and November, Tryjankowski will be travelling, promoting the school at various into SUNYs, and Massachusetts, Ohio, and Washington, D.C. Dropping the "new" from the school's innovative curriculum, and presenting it as "the enhanced curriculum," he will be looking for "quality over quantity," on keeping concentrating the student body small and the level of achievement high. Tryjankowski sees this as the way to assure UB alumni of an education they can be proud of. "Keeping the number consistent will lead to more prestige down the line." Asked about this year's tuition hike and the challenge it might present to a recruiter, Tryjankowski responded with some numbers, impressive pointing out the $10,000-ormore difference between the price of UB Law and all but one of the law schools in New York State. He also pointed out that UB law students still feel they are getting a bargain. "There was an article in the Buffalo News, reporting the tuition increase," Tryjankowski said, "and students at the school were asked what they thought of the increase, and people said that UB Law was still a great deal." "It's like we're the best kept secret of law schools," Tryjankowski said. "I have to go out and tell people about it." LAW LIBRARY UNDER CONSTRUCTION, 1973 Students show up for class, have nowhere to sit in 1973 Pre-Dean Barry Boyer, new to the faculty in 1973 5 �wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 THE ANARCHIST -(E)- by Russ Klein -(A)- SEX AND THE CITY Professor Delaney used to refer to it as the "salami effect." You cut away al the big piece of salami, one slice al a time. You keep cutting away at the Ihing, slice by slice, and then one day you will realize that you have no more left. Professor Delaney's analogy was lo illuminate the way posl-Weimar Germany cut away the rights of German citizens, and particularly Jews. The same can be said of the way Mayor Rudolph Guilliani is acting in New York City. First he cracked down on panhandlers and J-walkers (J-walking.lhe evil crime ol not crossing Ihe street at the designated corner or crosswalk). Then he erected barricades on some street corners so that even if there WERE crosswalks, you had to walk down to another street to cross. Street vendors, ranging from those who sell "real" Gucci bags, to purveyors of hot dogs and Knishes, were targeted. Now, Mayor Guilliani has taken aim at sex shops in the City. Some parts of New York City were legendary for their sex shops. Times Square used lo have as many sex shops as Chippewa in Buffalo has bars. But this is no longer so. The Mayor's plan was simple: Those sex shops so designated were told that if they were wilhin so many feet or yards of schools, churches, or even EACH OTHER, they must have a certain percentage of nonsexually related items. For example, say, 60% family oriented movies. .Some clubs tried to skirl these rules by having iheir female dancers wear skimpy tops, etc. Guilliani would not be moved. Any club or shop lhal could not comply with ihe Mayor's orders were locked shut by order of the police. The Courts have not intervened significantly in Ihe matter yet. The issue of whether pornography should be outlawed is a perpetually hot lopic. Catherine MacKinnon, Andrea Dworkin, and Jerry Falwell have spoken out against its legality on numerous occasions. Nal Henloff, Supreme Court Justice William O. Douglas, and Camille Paglia have spoken out in support of Ihe First Amendment, and in some case, Ihe political value of pornography. SEX AND THE AMENDMENT To me, Ihe issue of pornography and sex shops is a simple one: I consider it a first amendment issue, and Ihus protected by the Constitution. We are talking aboul a scenario where people are voluntarily consenting lo either participate in shows, sell items, or strip. There is no harm being done to anybody, so essentially it becomes a morality issue. We are nol talking aboul kiddie porn, forcible rape, or enslaved workers. We are talking about people who show up to work of Iheir own free will. Just because their office is not the same as your office, doesn't mean thai their work is any less valid lhan yours. rsßcrc to WOMEN There is obviously a historical precedent in place where - women have been subjugated and treated basically as property. It is difficult to escape our past. But real freedom means thai not only do people have the freedom to say "yes, I'll do it" on their own free will, but it also means the freedom to walk away and say "no, I will nol do il" on their own free will. Unfortunately, throughout our history, women have not been afforded Ihe same rights as men. Their right lo vote, for example, has not always been present in our society. Bui there are some that would take freedoms away in an effort to "protect" their class or group. Do we raise women up as a whole by depriving them of the same rights? Pornography is generally nol considered "degrading to men" for a good reason: Men typically do nol have the same historical relationship when it comes to sex and the sex industry. A lot of pornography lends to portray menas the dominantfigure, and women as the weak, servile type who "wants what she is getting." But will we eliminate the perceplions of sex and women by banning pornography or shutting down sex shops in New York City? We will not. You cannot boost someone's stature by stripping away their rights. You can peel the skin from an apple, but there can still be a rotted core. You don't have to like pornography in order lo recognize lhat it should be protected by the First Amendment. Justices Black and Douglas were staunch supporters of the First Amendment rights as they related to pornography, yet there is no evidence lhat either particularly liked it (there is a story thai when the Supreme Courl viewed movies to judge their legality under the First Amendment, both Black and Douglas did not watch them). Freedom of speech should in theory protect us and allow us to say whatever we want, so long as we take responsibilities for our actions. Flag desecration, so long as you own the Hag, is still legal, though you mighl violate an open flame ordinance. If you falsely yell "fire" in a crowded theater, you may he held accountable for any damage or injuries/deaths that may occur. If you want to hold a Nazi a public street, the courts rally down will protect you so long as you gel the right permits. So it should hold lhal if you own orrent property (and the property owner does not object), you shouldbe able lo say whal you want. If I own a store front, may I display an American Hag? Sure, thai is very patriotic of me! What if 1 want to display my American Hag upside down, as a sign of extreme distress in the country? Some people might object as being disrespectful to the flag, but I don't see a problem with it. What ifI want to display, in a fit of southern pride (I am nol southern, so this would be amazing) a Confederate Flag? There are stales that STILL have the Stars and Bars as a part of their slate Hags! What ifI decide that I want to have a naked person in my store window? Is il ok if it is Michelangelo's David? What if il is a naked mannequin? What if it is a real naked person? Now whal if I had these naked people in my slore, but Ihey were not in the windows, and the windows were such that you could not see in from Ihe outside? Is the mere display of "XXX" and the simple knowledge of whal is going on inside enough to find my shop in violation of some law? Is your law based on morality? Does the naked body offend you? Does the thought of two naked people in the same room offend you? Does Ihe thought of two naked people having sex, watching a porno, or dancing in a bar offend you? based on picking and choosing what should be banned, outlawed, and shut down based on the individual selective morality of some individuals. This is PRECISELY what the Constitution was written to avoid. But our government has surprising willingness lo engage in limiting rights when it comes to morality issues. Bowers v. shown Hardwkk had the government of one state intruding in homes lo stop sodomy between consenting adults and the Supreme Court stood (mostly) idly by. Prostitution has been consistently illegal, yet it involves two adults merely having sex for money (as I've said, we are all prostitutes lo — - our jobs). So Guilliani's stance on sex, pornography, etc. should come as no surprise. One person so obsessed with law and order in his city should be expected to crack down on more victimlesscrimes. But I guess even that stalerrtent is a bit of an error. When the government cracks down on socalled victimless crimes, we are all the victims, as our rights get sliced away ~ one piece at a time. WHERE TO DRAW THE LINE? Those that would legislate W f\U$S 6 morality can show a callous disregard for the Constitution and Bill of Rights. In my opinion, the Bill of Rights was intended to protect speech across Ihe board. There was a lime in this country when a Supreme Court Justice ultered the words "I may nol be able to define obscenity, but I know il when I see it" (Justice Potter). Bui this kind of reasoning is merely Bring Your Submissions to Box 27 by 5 PM Every Thursday. KLCWI 1 PR"ESOATLNCIHUBtfhopGienLrOB,E"1990 �wings, buffalo, edullaw I opinion Vol. 39, No. 1 09.08.98 Hot Spots and Havens of Buffalo A Guide For Those Who Are New To the Area, Or Who Grew Up Here But Lived In A Paper Bag Bars Since Buffalo has more bars per capita than any city in the U.S.A. (something to be proud of), a complete list is of course impossible here. Hence, we offer you a sampling of some bars frequented by law students, or used for law school functions. Anacone's Inn 3178 Bailey Avenue In most people's eyes, Anacone's is first only when we list taverns alphabetically, but for at least one Opinion editor, this bar will always be first in her heart. If you're looking for cheap beer, interesting people, fifty-cent pool, and the best damn beef on week in Buffalo, then trek on down to 3178 Bailey. While not in the best section of town, and probably not the place you'll find your future wife or husband (but definately where you could find your future clients, if you plan to defend drug dealers at any point), Anacone's is a no-b.s. bar for blues lovers (show up on Thursday night for a live band), and people who like their Guinness poured without attitude. Alternative Brews 3488 Sheridan Drive Yup, "1" comes before '"n" in the alphabet, but this place doesn't deserve to be above Anacone's— anytime, anywhere. If you want overpriced "micro"brew (i.e., if you want to pay 3 bucks a bottle for Saranac), go to this colorless alchohol trough and get ripped off. To be fair, I had a nice night there once, but it was entirely due to the company; this bar could serve as a backdrop for a scene in "Friends." Boring, although harmless. Broadway Joe's Main Street, University Heights I've heard you can catch good Phish-esque music there. You can also catch whatever it is lots of underage drinkers have. Every Bar on the Chippewa Strip/Main Street Downtown Buffalo of numerous bars, Chippewa is THE place to be on Home Friday or Saturday night. Whether you dress up and become part of the street parade, or dress down and just watch the fun, Chippewa will entertain you well until last call. If you're looking for a dimly lit, laid-back place, duck into the Star Bar. If Goth music and heavy metal bands are your secret pleasure, cough up the minimal cover charge and check out the spooky people at the Continental. If you're looking for a gay bar, it doesn't get better than Club Marcella. The Atomic, the Zoo Bar, and the King Snake are also favorites of UB Law's finest, and the subway from South Campus to downtown Buffalo will drop you right off near the action. Find a designated driver if you plan on staying past IAM, however—the subway stops running around 12:30. Founding Father's Restaurant 75 Edward Street, just off Delaware Called a restaurant, the Founding Father's is a more than functional pub, frequented by law students, especially those of the Democrat persuasion. It has GREAT food, good beer, and if you're looking to network with local dems while chowing on great wings, this is the place to go. Jack's Place Right Across the street from the law school, under the Triad Apartments A bar. You can drink there. Frequented by law students and some anonymous fifty-ish people. The Marriott Across the Street from the Law School With a conventional atmosphere and a giganticbar, this hotel is the home of the law student "liquid lunch." And dinner. And, maybe, midnight snack. The Steer/Montana Room Main Street, University Heights Host of many a law school function, most people seem to like the Steer. Bear in mind, however: while enjoyable when the site of UB Law Bar Nights, the Steer is usually populated with mateseeking Frat guys who start brawls (the occassionally get can there in record time, police now). Great food in the Montana Room, though. Maybe that's what they fight over. Third Base Main Street, University Heights This run-of-the-mill sports bar attracts a lot of the young-n-single crowd from UB; if you're looking for a date, or just want to watch the game on TV, Third Base is a relaxed, no-frills place to visit. Crowded on the weekends. Coffee While many law students spend their law school careers frequenting bars, trying lo kill off the illogical sides of their brains Molly's Pub with alchohol, we all worship the Main Street, University Heights bean al one time or another. While peopled with the same coffee There might nol be as many coffee undergraduate masses who ebb shops here as there are in Seattle and flow throughout every (where would we put them? All business in University Heights, those bars take up a lot ofroom, the atmosphere of Molly's Pub you know.), but the Java scene here manages to be accomodating to the law student who just want to shoot pool and have some beer. Can get crowded, though. A good place to meet people. The Old Pink Allen Street, near Elmwood Most people would pass this bar by, and for good reason: There is no sign on the front of the building, and only smallish neon beer signs in the windows. Still, The Old Pink draws a decent crowd. Located in the artsy Allentown area ofBuffalo, the bar features a good selection of beer at reasonable prices. The crowd is also fairly casual and the environment is dark and comfortable (illuminated only by...surprise...pinkish-red lighting). They have a pool table off to the side, but sometimes the wait to play is very long. If you want an interesting atmosphere to get drunk in, this is the place to goRendezvous Niagara Street Not in the best part of town, the Rendzvous has the atmosphere and the food to lure you through the vilestcrack alley orthe nastiest gangland battle. Fortunately, things over there aren't that bad, and the reason is probably this bar. If it was in my neighborhood, I'd be too busy to commit crimes, too. Featuring the best Cajun food in Buffalo, and the classiest-yet-laidback(est) atmosphere, the Rendevous is a great place to go if there's more than three people, you all feel like talking, and you want a fun bar to do it in (plus, the bartender sometimes wears vinyl pants). Stimulance 3160 Main Street, University Heights Big and roomy, Stimulance is a University Heights institution, and the scene of many an Opinion editorial meeting (in the interest of objective reporting, we're telling you what side our bread is buttered on). Aside from open mike night on Mondays, and the occassional show, this shop is a great place to study, with big comfy couches, and a covered outdoor smoking area (open for at least another month). People at Stimulance aren't afraid to ask you whatthe hell it is you're doing (my first conversation there: "What are you doing?" "Trying to memorize the meaning of Federal Rule of Civil Procedure 12(b) (6)" "Oh yeah? Gee...that sounds...fascinating...."), and if you're lonely, it's a good place to trawl for friends. Right across from the Steer, Stimulance is the second half of the caffeine/ alchohol speedball that many law students like to partake in. Other Cool Places Whether you 're looking for rare books, used records,oo the r essence of what makes Buffalo a pretty interesting town, this list is the completely partial, assuredlyis alive and well. Here are some incomplete catalog to help you in your quest. If you have anything of the more famous places. you 'd like to add to it, feelfree lo write the Opinionand give us your Coffee Bean Cafe 3268 Main Street, University contribution. Share the wealth. Heights This tiny coffee shop will always offer you a friendly smile and a quiet place to study—except at night, when various local artists take over a quarter ofthe shop and Talking Leaves Bookstore University Heights The last independent bookstore in Buffalo, Talking Leaves offers a wide variety of alternative sing...very loudly. If you're in the publications, legal philosophy, mood, it's enjoyable. The artists and just about every other kind of are generally of the folk rock book you could be looking for. persuasion, and usually have the Membership, which costs $5 for sense of humor that goes along a year, will get you %10 off of with being an older folk artist in books, calendars, and most Buffalo (let's just say, the success "special" orders. If you're looking of Ani DiFranco hasn't swelled for a book, these people will track their heads any). The other night, it down for you. If you're trying there were a coupla guys there to find something but can't singing humourous renditions of remember the name, chances are Simon&Garfunkel tunes; they a description ofthe subject matter were called "The Viagra Frontier." will be enough of a clue to help Java Temple the over-educated staff find what it is you're looking for. Since 57 Allen Street, Allentown Barnes&Noble, etc, will soon be Quiet, funky, and reasonable, Java raising prices to fight that lawsuit Temple is a fun place to play chess or curl up withthe latest Torts best seller. Allentown is always out on the west coast, buying your books at Talking Leaves is a good move all around. beautiful at night, and visiting JavaTemple is the kind of trip that North Buffalo Food Co-Op and lets you imigine you're traveled Vegetarian Cafe to Greenwhich Village (if you University Heights pretend you had a hard time Inexpensive bulk food from this finding a parking space, and are "thinking globally, acting locally" careful not to look around for a store is a great way to say money to buy more text books. For $15 skyline). Starbuck's Everywhere. Hey, look, they just bought your house and turned it into a coffee shop. Needless to say, Starbuck's is a fortress of homogenous corporate Evil. It brews some tasty coffee, though. 7 a year and three hours of work a month, you get 10% off all purchases. A great place to shop if you're a vegetarian, or justwant to look like one. Bring your own bags when you shop, though, or you'll look like a schmuck. The food at the Cafe is out of this world good. World Wide Music 3100 Main Street Their selection of new music is limited, and the new music prices aren't exactly great. But what sets them apart is that they have a pretty decent used CD section in the middle room (the store is divided into 3 rooms Ist room has new music, 2nd room has used music, and 3rd room has sega-esque video games). If you are willing to dive into their used music bins, you can find that used Tori Amos CD you must have, or that crazy Voivod album that comes with the 3D glasses, or lots ofother pleasant surprises. The used CD prices are pretty onpar for what you'd expect, and its worth a look. - Das Boot 1086 Elmwood Avenue ["Elmwood Strip"] If you are looking for a pair of 25 eyelet Doc Martins, red sparkling glitter boots, and a pair of Union Jack shoes, come here. They have an unusual selection of shoes and boots. Not the sort of foot attire you would want to wear at your graduation or first job interview, but for shoes people will notice, this is the place to go. Home ofThe Hits 1105 Elmwood Avenue ["Elmwood Strip"] A mostlypunk and ska selection, they have a lot of interesting albums at Home ofThe Hits, but I doubt many of them were ever "hits." Mondo Video 1109 Elmwood Avenue ["Elmwood Strip"] For all those movies that you can't find at Blockbuster, Mondo Video is the place to go. Videos are sorted by director, and this place is a dream come true for the film afficianados in all of us. Great porno section. Great foreign films, and a complete selection of Blaxsploitation flicks. And every foreign film you could possibly want. New World Records 512 Elmwood Another independent music store (like World Wide and Home Of The Hits), their selection is pretty diverse, ranging from obscure international to 80's to modern top 40. Their prices are not the exactly greatest in the world, but their wide selection makes it worth looking into. Old Editions Book Store Main Street If you are looking for quality second hand books, this place has it all. From legal philosophy, to obscure treatises on Buffalo architecture. Not the place to unload your old textbooks. Do you know any other cool places you'd like to plug? Write the Opinion! Box 27 �Vol. 39, No. 1 wings, buffalo, edul lawI opinion 09.08.98 These are the people in your neighborhood... ...in your neighborhood... ...The people that you meet, while you 're walking, down the street... The people that you meet each day! Continued from page 1 party at Pistachio's. Students mingled, ate, drank, and discussed their impression of the first week of law school. The new law students had differing perspectives on their first week of law school. "A little overwhelming" said Pietra Lattieri, IL, "but I can tell everyone is going to be helpful." Many other students agreed with Ms. Lattieri's view of the first week. Janice Slaton said that the week was, "not what I expected, but I'm enjoying it." Theresa Ferrara added, "I didn't expect everyone to be as friendly. I think this will be a wonderful school to get my education at." Finally, Peter Nicely said, "It's supposed to be orientation, but I feel kind of disoriented." Besides the eating and talking, there were also a number of speakers at the party. Ilene Fleischmann, Assistant Dean for Alumni, informed students that the Annual Convocation will be held on November 14th, and that the prestigious Jaeckel Award would be bestowed upon Judge Joseph Petoria. Finally, Dean Nils Olsen spoke of the special relationship with alumni that the school has and is continuing to develop. He stressed that a lot of the additional funding that the school is receiving for its capital improvement projects is coming from this group. All in all, the week seems to have gone rather smoothly. Now the lLs face the substantive courses and 3 years of law school. Alumni Frank Dolce, class of '79, offered students the following advice: First, he said, it was imperative that they try to secure employment in some legal Public Relations and Communications spoke first, welcoming the new students and encouraging the first years to meet and get to know the alumni who were both at the party, and also in our legal community. Next, Associate lustice of the New York Supreme Court and UB Law President of the Alumni Association Barbara Howe spoke, encouraging the 1Ls to become a part of the active legal community they are now joining, stressing the importance of the relationships they can build if they will take the chance to reach out. Alumni Association President Elect Kenneth A. Manning, Esq., a partner at Phillips, Lytle, Hitchcock, Blame & Huber LLP, endeavor to exercise the arts followed Judge Howe, and 8 they are now learning in law can pay off down the road. school, even if such Dolce cautioned that while employment is voluntary. we work in an adversarial Next, he stressed the system, we must not allow importance of developing ourselves to treat each other "honest constructive and abusively because of it. helpful relationships" at this Finally, he recommended level. He pointed out that we that lLs read Ralph Nader's are all members of the same No Contest for further community and that the guidance on the types of relationships we develop now abuse that can arise from the judicial process. Criminal Law Society Presents: Career panels in prosecution and defense this fall. Herbert Wexler Criminal Law Competition, practice interviews this Email spring. Meeting TBA. LESWlFT@acsu.buffalo.edu with any questions. QfJJ) cSecool-stay INLAVVSCHOOI^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-09-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 08.09.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/8/1998 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7423143ad44c5fc01433d52bbe7303e6.pdf 53abd5ad60cee6129005f970bb11b84a PDF Text Text UB Law School's "Preeminent" Student Publication wings.buffalo.edu/'law/opinion The Only News You Need 5 0 Ye ar s Of OPINION The Opinion at ÜBLAW SCHOOL Vol. 39, No. 2 "Vi veri veniversum vivus vici." 09.15.98 DEANS SPEAK OUT ON CHANGES AT LAW SCHOOL by Russ Klein Following the departure of Dean Shields this summer, the Law School On Tuesday September 1, The Opinion conducted an interview with newly appointed Dean Olsen and Vice Deans Dianne Avery embarked on an ambitious lowing is the first part ofseveral stories from this conversation. gram which had been started several years ago, and is finally coming into its own. restructuring plan designed to improve the law school both administratively to better serve current law stuandPeter Pitegoffabout the dents, and structurally, to state of the law school, both improve the facilities of the present and future. In this law school building itself. The cornerstone of first part, the Deans discuss some of the programs and the restructuring involves structural changes. The fol- the "new curriculum," a pro- Vice Dean Pitegoff said that almost every concentration program." Avery said the "much of the new curricuthere is a link with practice mentoring program involves lum is built around concenclinical course opportuni- groups of approximately 7 trations . . . which gives stuties, simulation courses, or students being assigned to a dents an opportunity to spepractitioners who co-teach faculty member. That faccialize in a particular area. with some of the faculty." ulty member will meet with It gives them a much better Vice Dean Avery the students as a group inforsense of what lawyering is pointed out that this will be mally over the semester and all about." Dean Olsen the first full year of advisattempt to address their conadded that there were curing under the new curricu- cerns, and provide links to rently eleven concentrations lum. "Until last year we other faculty members for available for students. have not had any kind of students who wish to learn Pitegoff also added that "it mechanism for first year stumore about a specific field dents to have regular access that the mentor does not spegives students an opportunity to engage in, sophisti- to faculty members. We cialize in. "[l]ts partly to cated problem solving and to have attempted to address give them a close association write publishable work. In this through the mentoring Continued on page 3 — HISTORICAL CORNER TRAGEDY BEFALLS LAW SCHOOL This week's historical corner is taken from Volume 24, issue 8 of the Opinion, which came out on February 15,1984. The 83-84 term of the Opinion begins the most glorious span of the paper's history; what we jokingly refer to as the "Golden Age of the Opinion" spans the years 1983-88, when a series of impressive editors manned the paper's helm. Interestingly enough, this is also a time when the Federalist Society was very active in our hallowed halls. Whether UB Law is as "liberal" as it as reputed to be, there is no doubt that the presence of a Federalist Society here created the interesting debate and lively controversy that newspaper editors feel mark every great institution (mostly because it assures us of having plenty of copy). election ofReagan, a review of the movie Liquid Sky (a timeless work of art), and a ringing endorsement ofprowrestling from the law stu- dent perspective. Truly, we stand of giants. shoulders on by Russ Klein Matthew Sullivan, a first year law student at the University at Buffalo, was murdered outside his apartment Sunday, September 6th at approximately 3 AM near the his apartment on Richmond FEDERALIST CHAPTER TO BE FORMED AT UB "We are pleased to announce the formation of the SUNY/Buffalo chapter of The Federalist Society, an association of conservative law students. Federalist Society chapers are now found at over 65 law schools throughout the country, where they provide safe haven for libertarians, traditional conservatives, and other right-minded individuals, sponsor meetings with visiting academics of a conservative hue, and serve as springboards for engaging the entrenched Left." The following issue excerpts a letter announcing [Editors note: apparthe arrival of the Federalists, brings a message from ently, being "conservative" the editors of the paper does not mean being thrifty (which we may have to run with the size of your sentences.] in full next semester), quotes Continued on page 7 a letter supporting the re- Avenue. There are no suspects or motive reported in the case, although reports indicate that he was stabbed in the heart and lungs. Sullivan was born in Buffalo, but lived in Fort Erie Ontario and possessed dual citizenship. Before attending the University at Buffalo School of Law, he previously attended Bishops Inside. University in Lennoxville Quebec, where he graduated two years ago with a degree in English. His mother, Alma Sullivan, described the school as a very small school in a very small town, and said that her son wanted to attend a small school where he would be comfortable and enjoy a small town setting. His interests in- cluded Celtic/Irish music, poetry, and literature, and at his graduation from Bishops University was awarded the prestigious Creative Writing Award for a play he wrote called Snide Burns. The play was based on a setting in a barber shop in Fort Erie that he had attended throughout his life, and conversations and lines he had heard while sitting in the shop. "He had a wonderful sense of humor," Mrs. Sullivan said of her son. Among his other interests, Matthew was also an avid skier. Mrs. Sullivan said that her son chose the schools he was interested in based on their proximity to skiing. He participated in the Empire State Games twice, was on the University ski team, and was certified to coach skiers. Mrs. Sullivan said that her son was very excited to be entering law school, Continued on page 3 .. The Anarchist. 4 On UB 6 I Have a Question About Hockey Preview. 8 Cartoons Personals Opportunity..s Katie's Corner. Historical Fun 7 4&5 Stuff. Plus More of the Vast Right Wing Conspiracy.... 1 6 7 �Vol. 39, N0.2 wings, buffalo, edu/law/opinion 09.15.98 Editorial: And Miniver Cheevy thought HE had problems! message you were supposed recruitment effort involving to glean from this poem. I Purdu boneless chicken), I distinctly recall fellow fresh- plunged into a epic regaling fortunate soul named Miniver Cheevy ("born too late"). man, disdainful of Miniver the reader about a new genFor those of you who do not and his supposed problems, eration of Miniver Cheevys, remember, here's a refresher: getting a better grade than saved from the bottle by Miniver Cheevy was a man me that year. They all finding a heroic application thought Miniver was a pafor what might otherwise be of the modern age, convinced that his chivalric soul thetic whiner doomed to inlives hopelessly mired in regardless ebriation of his modern irrelevancy. was lost in time. Certain he'd missed his vocation as era. Written by Douglas out on a But miss you a knight errant or dragonJehl, the "Dominion Over when bow down to you lot like besat around Fowl" article related the tale slayer, he suspect) the I accepted (and, of British bird-watchers, dosotted bump on a log, reflectto way pointerpret correct he'd ing time on a kibbutz in Iswhat a cool guy ing in bet no one else Mrs. I etry. rael, looking for birds. All have been, if only he'd been day. Every day. For three born a contemporary of King Huzoriwitz's freshman Enclass would be able to glish Arthur. months. And the reason? I read the poem about apply "Miniver Cheevy" to Well, aside from getting Miniver Cheevy in Ninth the article I saw in last some top-rate ornithological grade. I have not read it week's New York Times. pleasure, these British On September 8, in a "birders" have saved the Issince. Nonetheless, it has stuck with me, because I section called the Kfar raeli Air Force an estimated thought Miniver was right- Ruppin Journal, the Times $360 million in damaged on. The modern age sucks. printed an article entitled planes, and have saved Heroics? Poetry? Bah! The "Air Force Seeking Domincountless lives. This is beion Over Fowl the Air." of closest you get to fighting a cause, with a tactical genius dragon in Buffalo is cutting Once I got past the headline only rivaled by American air (which I thought was going troops in Italy, the Israeli Air off a Blue Bird Bus. Compassion for Mini- to be a report regarding our Force has been conducting ver, I suspect, was not the Air Force and some bizarre maneuvers in the most popuMany of you may remember a poem about an un- lar bird-migration territory in the world. And crashing into large birds. With stunning regularity. For a decade. Apparently, the hightech equipment that allows you to enact efficient evasive action in the face of Mig or a Stealth bomber isn't quite up to anticipating the keen military intelligence of a kamikaze pelican (perhaps we military hero. Think how much money spent on therapy in this country could be saved if other leisure activities could be turned to this type of courageous (if bellicose) end! The possibilities are endless. How much more satis- fying would it be, for instance, if everyone who ran/ walked on indoorTreadmills should consider this phenomenon the next time we was actually connected to a have to slash the defense U.S. nuclear sub? For every budget). Because of this, mile you spent, going purplanes over Israel have been posefully nowhere on that lost with stunning regularity, stupid machine, you could actually help our Navy get to migrating birds. But now, birders armed somewhere. And the incentive to not skip a day! with walkie-talkies are warning flight commanders about "Captain, we seem to flocks of birds before danbe down." slowing gerous crashes can occur. And so we have a bunch of "Dammit, Scotty, banger and mash-fed brits playing hero near the West why?!?" Bank. They don't get to "It must be that law stushoot anyone, but they do get dent, Captain. She stayed up the honor of a harmless hobby turning them into a Continued on page 7 WE QOT LETTERS! Dear Editor of the Opinion... The Opinion invites and strongly encourages the students, faculty, and community to submit letters to the editor. An open dialogue and free debate are cornerstones to freedom of the press. Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang Russ Klein Vacant Staff: Staff Therapist News Reporter Columnist Columnist Columnist Columnist Columnist Web Editor Photographer Vacant Kevin Hsi .Howard Beyer Randy Janis Katie McDowell A.A. Noel Adam Perri Russ Klein Ken Grant The Opinion is a client of Cass Communications The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York t4260; (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect disk if you want it returned. 5.1; please enclose printed copy for safety's sake. Write your box number on your While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering lhat the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Vcri Veniverswn Vivus Vwi. "We have a First Amendment and we know how to use it." 2 Translation of our latin motto: "Welcome to banjo-landy home of the 8 stringed banjo " �wings. buffalo, edu/law/opinion Vol. 39, No. 2 Continued from page 1 with the faculty member, but then the idea is that those students will go to those faculty members as a first line person if they have questions about things." The new curriculum will also insure that first year students have one substantive class that is of small size. The other changes that will be immediately visible to the students is the capital improvement project. Olsen said that the school received $1.8 million from the state to embark on this ambitious project. The reno- vation of the student lounge is already underway. "We have to wait for the furniture on to be delivered, and we have to wait for the security system to be put in so only law students will be able to use it." The lounge will feature a professional, comfortable environment for student interaction and relaxation. The new lounge is expected to be open by the middle of completion of the lounge, is the creation of a second floor lounge out of room 207. This room will feature vending machines, a microwave oven, plus booths and stools with a counter so people can sit around and talk informally. This project ius expected to be completed durOctober. ing the first semester. Another project, The biggest change which will likely follow the that will come though will Tragedy. . .from page 1 and that they were ecstatic that he was accepted. Sullivan had expressed an interest to his mother in possibly working in the field of international law and with people with immigration problems. Dean Nils Olsen said "The Law School is a community, and the senseless, violent death of one of our students is a loss to us all." "We were comforted have portable furniture that will enable it to be either a trial courtroom with a jury box or an appellate courtroom for a panel of appellate judges." The most exciting part of the plan, according to Olsen, is that the school already has strong expressions of interest from the appellate division, the United States Magistrate, and other courts to "conduct judicial business during school in the courtroom." Besides the moot courtroom, Olsen said that the classrooms on the second floor will also be reha- "We have to wait for thefurniture to be delivered, and we have to wait for the security system to be put in so only law students will be able to use it." — Nils Olsen the student lounge Dean bilitated. Finally, the last major piece of rehabilitation for the school involves the com- new be the construction of a new modular electronic moot courtroom out of the old moot courtroom in room 104. "This will be the last year that it will be scheduled for undergraduate classes We get control of it back again for next year, and by then we will hopefully be in a position to convert it into a state of the art modular electronic courtroom. It will puters. The computer lab replaced all the old computers with brand new Pentiums running Windows9s. Along with the new computers comes a new sign-in procedure to restrict the lab to certain graduate students and law students. The library is also in the process of adding new data ports so that students can have direct internet connections if they bring a laptop with an ethernet card. Next week we will continue with the discussion of what the new deans do with their new jobs, as well as other changes occurring in the law school. Makiirite-Happen .. . by the school's expression support after he had only been accepted one or two weeks earlier," Mrs. Sullivan said of Vice Dean Carrel, who had attended the wake and spoke personally with Mrs. Sullivan. Matthew Sullivan was very close with his family, and is survived by his parents Alma and John, his two brothers Andrew and Patrick, his sister Mary Kate, and his aunts June and 09.15.98 eartlings! i Please help the Opinioi staff name me. Submit all suggestions to the f office. I # Myrtle. http:.M^ ATTENTION ALL LAW STUDENTS!! The Student Bar Association vvill be holding an informational meeting Monday, September 14th, at 4pm in room 213 for anyone interested in 3ecoming a Class Representative. The elections will be leld on September 28 and 29. [f you have further questions, stop by the SBA office in the first floor lobby. MobileMinutes® is: rj M the easiest way to go cellular with no credit check, no contract and no bill as low as tk a month _ the only prepaid service with $15 calling cards *p P B i'Rl: |fcr.,n L.a ' 1 ' i MobileMinutes includes CELLULAR PHONE FREE $30 PREPAID FOR JUST ACTIVATION CALLING CARD $99.95 X.'"' JB I # 1-800-676-3543 CALL FOR FREE NEXT-DAY DELIVERY m.omans -"B&!/ UJWJJII*-I» 818 Aye. 686-4300 FRONTIER CELLULAR STORELOCATIONS: AMHERST: 1254Niagara Falls Blvd. 831-0054* CHEEKTOWAGA: 2410 Walden Open Sunday Walden Galleria Mall 651-9163* HAMBURG: McKinley Mall 822-4381* WILLIAMSVILLE: Eastern Hills Mall 635-9225* QUALITY MARKETS LOCATIONS: WILLIAMSVILLE: 499 Hopkins 8. Klein Rd. / 5274 Main 8c Union * 'Price assumes monthlyuse ofless than 14 local minutes. Phone model may vary. 3 �wings, buffalo, edu/law/opinion Vol. 39, N0.2 09.15.98 THE ANARCHIST -(E)- by Russ Klein -(A)- HUMANIMALS And the monkeys in the zoo they look so tame. In the name of science removed they their brains. To think that man evolved from this beast. Civilized savages down from the trees The animals who run these laboratories. --The Subhumans "Evolution" - On my way to dinner yesterday, I heard a small piece of news that disturbed me a great deal. Two women told me that a deer had run through a window of some sort, and that they were now going to shoot the deer. I immidiately took a detour on my path and ran to the parking lot behind Red Jacket, and before I could get there, I heard the sound of a single gun shot pierce through the air. Much to my dismay and disgust, I heard other "people" cheering on what had happened. I walked closer, and sure enough, I saw a bloodied deer carcass. I asked a "Public Safety" officer whether they shot the deer with a bullet or with a tranquilizer, but he absolutely refused to answer me. The deer certainly looked dead though. To be fair, several friends (that I consider to be friends to animal rights) that I encountered later informed me that the deer was severely injured before being shot, and that it seemed like a mercy kill- ing. It was not until I moved to western New York in 1993 that I learned that deer run-ins with humans were a serious problem. Afterall, in New York City, our biggest concern was with stray dogs and cats, and when I lived in Florida, we had a very small alligator that took up residence in the canal behind our house (they removed the 'gator eventually to put it in more "suitable" environs). Yet it makes comsense: We have enplete croached a great deal on the animal kingdom with artificial environments. Deer and good. Ducks are cute, chickens are dinner. Dolphins are smart and need to be protected, and we can talk about the food chain" we all really are. This is not to say that other animals have had the humans would not survive, but we'd certainly be on the entire world at one time to live and flourish, but now it over some tuna salad run a bit more, to say the they are being pushed into sandwhiches. Veal is wrong, least. Especially since we ever smaller areas to live in, but there isn't much with of have become so out of tune, and God help them if they a problem with a big thick it seems, with our natural encounter a human. I was juicy porterhouse steak. survival senses. This is not to say that once watching one of those Know what I mean? bizarre "When Animals AtHumans seem to we are not a part of the anitack" videos. The video have an undying need to mal kingdom anymore ~ far should be called "When Hurank and categorize things. from it. However, instead of mans Encroach." We deWho finished first in their living among nature, we stroy the native habitats for class? Who won that race? have created an entirely new human space, and then when Who invented such and and foreign environment. they come looking for food, such? What are the top ten Humans have fhe gall to crepeople get panicky and pro- law schools? When it comes ate a large city, and then set claim that we must shoot to the animal kingdom, huaside a small piece of land them to thin out their nummans seem to naturally put where there will be neatly to bers, HELP THEM. humans at the top of the list. mowed grass, a nice manImagine that. We need to kill Afterall, we have no real made lake, and some neatly deer to help them. Why, how natural predators (except, manacured trees and say noble! How caring! Give me tragically, other humans), "lets get back to nature!" In his bookFour Arguments for a gun, give me a six pack, and we have become so isoand off we go! lated that we have developed the Elimination of TeleviBut do people cona sense of superiority about sion, Jerry Mander discusses sider what it is weare doing? where we really stand. But how even when human beUnfortunately, I have come put a human out in the wild ings see nature or interact to the conclusion that a great now, without a gun, without with nature now, it is through deal of humans care about armor and protection — just artificial lenses and means. animals based on the cutea naked human and you'd We see a nature show on TV, ness factor. Fur bad, leather see just how "at the top of Continued on page 5 — POTLITE THS E PRESENTS LIFEINYOERWKCITY 4 by P\USJ KLEI\4 �Vol. 39, No. 2 Continued from page 4 interrupted by commercials. We hike in the woods wearing well made hiking boots and other artificial protection. In reality, we have really lost contact with the natural outside world. So it should come as little surprise that human beings have developed the ability to not only eat other animals (when it seems as though we are designed not to do so on any kind of large scale), but humans will also enslave wild animals, and keep them at their beck and call in zoos, circuses, and use homegrown animals for vivesection and some of the wings, buffalo, edu/law/opinion 09.15.98 I will not be pushy on the subject matter, but the fact of the matter is that we are pushed and sold on eating/ wearing animal products our entire lives. Its the same as when some of my gay and lesbian friends were told "we don't mind if you are gay, but there is no need to broadcast it." The fact of the matter is, sexuality is pushed and sold by straight people all around us — we just accept it because it is the norm. If a group of guys sits around a /V // <S> !^<^^JpC\ table and I say "I got with that girl last night" there would probably be lots of high fives, whereas if one of my gay friends at the table said "I hooked up most cruel and inhumane night" there things you can imagine. with...Steve last would probably not be the Afterall, we are the same same support (typically humans that enslaved blacks from in the so-called "land of the speaking...people vary course). to of person person, free." This is not the same The same thing is true with as certain types of pets we vegeterianism and animal keep. Dogs and cats and rights: We accept animal certain other kinds of pets products used all around, etc. are domesticated to the point because it is a societel norm. where releasing them would Meanwhile, if I go to dinner probably be cruel to the anisome of my family and mals. You do not take away with am a vegeterian" they say "I someone's ability to defend immidiately offer me fish or themselves and then throw chicken. That is how unthem out into the world. common the understanding Winston Churchill really goes. once said that the way we So long as we miskeep prisoners and the rights treat animals and keep them we afford them is symbollic in slavery, we will never truly of the society we live in. The be free. Maybe that deer besame is true of the way we hind the dorms had to be shot keep animals. We keep anito be put out of its "misery," mals in slavery and subject but make no mistake: He them to cruel tests, plus use was probably looking for them for food! What does food and shelter. Unless we that say for us? learn to co-exist in a manner I used to tell people that does not involve subjuwhen discussed I gation, we will always be less vegeterianism that I try not civilized than many of us to preach. I have decided think. that is the wrong way to go. w 0 WOTtell SuWfflflTC To's"^ your best friend how much you ap-J JWanna —■ ipreciate their friendship, or express affection for| loved one, or tell a professor/dean that you justl 'love law school? Maybe you just want to tell US' "how much you love The Opinion ~ the paper of" |weekly fun in your mailbox. NOW is your| Ichance! We are not unsympathetic to the needs! lof law students (afterall, this IS your newspaper! "too!). Uhh, anyway, we offer you, our student" |(and faculty) readers the chance to do so at thej Ibargain rate of [FREE!] per column inch (3 col-| iumn inch max, and we reserve the right to adjust! ■font size to fit space...we are not a charity!). No" |anonymous ads please. We'll print your "person-| |als" as a continuing section (well, if we get any).| !cool, huh? Just put the following info on a piece! paper and return to box 95 by 6PM, every! (Thursday: Your name, your class, a phone num-| ■ber where we can verify any shoddy hand writ-l !ing, and the message you'd like to leave. Its soj Jsimrjle, it could be on the LSAT! |a Jof 5 - j*6*********! ADDA ] �wings, buffalo, edu/law/opinion Vol. 39, N0.2 nmuc mrmmr *IRs* 'S&T- LAW JOURNAL *«#«* *a* Mt#«*f Who's eligible? lLs, 2Ls, and transfer students are eligible. Are you a transfer student, a 2L, or a lLwho would like to get some experience working on a law journal? If so, we encourage you to apply to become a Law Journal Clerk for theBuffalo Public Interest Law Journal. Whal does a Law Journal Clerk do? As a Law Journal Clerk, you will gain valuable experience working on a law journal by... • performing legal research work; • looking up source materials and references in the library, on legal online services, and on the internet; • performing office duties; and • providing technical support for various functions of the journal. A position as a Law Journal Clerk will also provide you with room to grow and a chance to enhance anc develop your legal research skills. Law Journal Clerks will have the opportunity of increasing their responsibilities and level of participation in the journal, and will be eligible to become Associates of the Buffalo Public Interest Law Journal. — Okay, you talked me into it —/ want to become aLaw Journal Clerk what do I have to do? To compete for a position as a Buffalo Public Interest Law Journal Clerk, please submit the following: (1) one letter of interest (2) one copy of your resume Submissions should be delivered in a sealed envelope to mailbox No. 65. On the outside of your envelope please write: (1) your name (2) what year you are (e.g., IL, 2L) (3) your mailbox number The deadline for submissions is September 20. 1998. If you have any questions about becoming a Law Journal Clerk at the Buffalo Public Interest Law Journal, call us at 645-2147. (Leave a message if no one answers.) In the meantime, where can I get more information about the Buffalo Public Interest Law Journal? More information about the journal can be found at our web site at <http://wings.buffalo.edu/law/bjpil> . 09.15.98 Katie's Corner THE ADVENTURES OF ISABEI ~ By Ogden Nash (submitted by Katie McDowell Once on a night as black as pitch Isabel met a wicked old witch. The witch's face was cross and wrinkled, The witch's gums with teeth were sprinkled. Ho, ho, Isabel! The old witch crowed, I'll turn you into an ugly toad! Isabel, Isabel, didn t worry; Isabel didn't scream or scurry. She showed no rage and she showed no rancor, But she turned the witch into milk and drank her. Isabel met a hideous giant, Isabel continued self-reliant. The giant was hairy, the giant was horrid, He had one eye in the middle of his forehead. Good morning, Isabel, the giant said, I'll grind your bones to make my bread. Isabel, Isabel, didn't worry; Isabel didn't scream or scurry. She nibbled the zwieback that she always fed off, And when it was gone, she cut the giant's head off. Isabel met a troublesome doctor, He punched and poked till he really shocked her. The doctor's talk was of coughs and chills, And the doctor's satchel bulged with pills. The doctor said unto Isabel, 'Swallow this, it will make you well. Isabel, Isabel, didn't worry; Isabel didn't scream or scurry. She took those pills from the pill-concoctor, And Isabel calmly cured the doctor. ANNOUNCEMENTS On UB (By Howard Beyer) It seems with all the resources available to an institution the size of UB there could be a better system of transportation for the students. It doesn't take long for one to figure out that UB is a huge school that was placed in a big field. What this means to many students those (save with cars...A.X.A. the lucky) is a reliance on the campus for all their needs (some which the campus can't fulfill) and no way of getting around. As good as UB may be at entertaining students (an assumption), there are times when staying on campus just won't do and the need emerges to "get out." One great thing about UB is things aren't and "extreme" distance away. Many businesses and facilities which students would find useful are close enough to get to with some sort of transportation. A school like UB can provide this at a very minimal cost to them, and to the greater benefit ofthe student body. Basically, what this school is lacking is some sort of shuttle which students can use to get around The 1998 Charles 5. Desmond Moot Court Competition most students. These busses wouldn't have to run all day (maybe 5-10pm SundayThursday and a little later on school nothing (it's already running the route). I can't see any reason why this option, at the very least, can't be so. City busses stop along the way without building up the weekends), and students would have access to most the street. of what they need (and can't traffic, and we can "card" Most schools I have get, at least, in many cases, people as they get on if there been to have this sort of at a good price, on campus). is a concern about "unauthothing. S.U.N.Y. Oneonta, for If a bus ran this route it could rized usage." It doesn't take example, has a "deal" with stop at Tops, the movie the- much to do a lot in this case. the city transportation sysUB is a school of ater, and even the Boulevard tem. Students can ride the Most of what immense size and resources. Mall). stucity busses for free and get dents need, again, could be For an institution of such around town. S.U.N.Y. satisfied by this one shuttle. magnitude it can do a little Fredonia has almost the Especially when the weather more for it's students. A same thing...a campus and starts to get colder a bus like shuttle would be a huge ascommunity shuttle (a Blue this will be much appreciset for this school. Even if a Bird bus much like those ated ride cost a minimal amount by many. seen here at this school) that In addition, the (say, $ .50), it would still beat runs to the campus and school has a bus that runs taking a taxi and would dearound the town (Walmart, from the North to the South fiantly be a better option then Tops, etc.). As is the case at Campus. Right there we walking through the snow. most places, there was a need have a resource that can be By doing this the school can to get off campus which was used. Along the route are a make campus life better for recognized by these schools few areas that may be of a lot of people. Why not? (to do some shopping or, at some use to students. All we the very least, to see a movie) would have to do is STOP ■Xll submissions and some action was taken. THE BUS!!! Currently the lue Thursday I'm not suggesting bus will only stop on the ) y 5:00 P M that UB operate an intricate North and the South cambus system to go all over the puses. Why not pick people in the Opinion Buffalo area. All UB has to up/drop them off at, at most, >f fie c (in the do is get one bus to go down a few more places along the Maple to satisfy the needs of way? This would cost the basement). town...basically, just down 6 Informational meeting open tc ALL interested 2Ls and 3Ls Tuesday, September 15, SPM in room 106. and Employ ment Law Association First generael interest meeting to be held. Tuesday September 1 5 at 3PM in room 406. 3p c n to all. �Vol. 39, No. 2 wings, buffalo, edu/law/opinion ment will be to drink under the table every foreign dignitary you come across. At a specially coordinated time, we could simultaneously inebriate every leader on the "Set the phasers in her planet, and take over their alarm clock to 'kill,' Scotty. countries in a coup de'etat of I want this energy problem kvass (or vino, or uzo, or whatever else it is you like resolved now." to reek of). Miniver Cheevy was Or perhaps you like to wile away the hours assem- upset because, as a common bling model planes. In this man in a common age, he age of detente, we all know had nothing grandiose to do. There's a certain school of we don't need a real military—just the semblance of thought that depicts diligence, duty, and attention to one. Movies of painstakdetail as the key to a noble ingly assembled models, realistically posed and cre- existence, but we all know atively filmed, could be sent that's a load of hooey. The to our enemies all over the average person is bored, or globe, thereby assuring us stressed, or bored of being that America will continue to stressed, with little sense of their own inherent power or be the Goliath of world politics. Meanwhile, we could significance (I realize that an spend the extra defense audience of future lawyers might not feel this problem money on special prosecukeenly as their fellow citias tors for corrupt Senators and Representatives, so they zens). But a simple twist can won't feel left out of the turn the mundane into the glorious. This is the kind of scrutinous fun. And finally, maybe opportunity we have to keep your hobby is being a barfly our eyes open for. Until you find your at your local tavern. In that case, I would suggest a own special way to shine in the military-industrial comslightly more pro-active approach. Once you've built plex, enjoy this week's edition of the Opinion. up sufficient tolerance to al- Continued from page 2 late studying Torts again, and somehow thinks that justifies her missing a day at the gym." cohol, our governmentcould send you to various embassies throughout the world, where, in your capacity as Continued from page 1 As more to poWE KNOW IT'S aformentioned, tentially be published ONLY FREEDOM OF THE later...] PRESS, BUT WE LIKE IT Editor #1: I've been SUPPORT thinking about the future of REAGAN'S ELECTION this paper.... by Ted Araujo Editor #2: And? "I didn't vote for R.R. Editor #1: Maybe no but after looking at 1980, in one cares if it publishes afthe cast of thousands runter this year. Maybe no one ning for the Democratic slot, reads it this year. Maybe no I'm going to vote for the believes this school one needs The Opinion. Editor #2: I can't believe that. Just about every day, someone comes up to me and asks when we're coming out. And when we do come out, everybody's reading it. Once in a while, I even get a compliment on something in it. No, I don't think our problem is lack of by A. A. Noel What do you say when you find out someone you hardly know dies? "I met him." "He seemed like a nice guy." "Too bad for his family..." The awkwardness showed on everyone's face when it was discussed. What do you say? We were only around each other a few days. Did anyone really know him? In the newspaper it said he liked literature and Irish music. He had a mom and a dad and siblings. He had friends. He came to law school with great expectations. He had plans similar to many of us. President in 1984. I'd like to run a short review and some suggestions for his next four years in office. (If you don't have anything positive to suggest, keep it to yourself; Ron's a sensitive kind of guy.)" "If I were fat and old and rich (prerequisites for getting R.R.s ear), I'd tell him to put David Stockman readership. in anew cabinet post: "OverEl: Readership is one of the Pentagon." If thing, but authorship is an- seer D.S. were allowed to run other. How the hell can this amuck in that aprawling paper be published out of beureaucracy, this nation thinair or, wqrse, our of good would save one-third of what intentions alone! Don't stuspends on defense with dents around here recognize it resultant greater capability. that writers are what make ■this paper? Continued on page 8 As one of many in the orientation throng, he was asked, "Why are you in U.B. Law School?" How do you think he answered? The saddest news was that he didn't just die of as an unfortunate victim of a random accident. He wasn't just killed accidentally. His name was Matt Sullivan. Matt Sullivan was murdered. While most of us were comfortably asleep, someone stabbed Matt Sullivan in his heart and lungs. Matt Sullivan is dead. What were Matt's Last thoughts? Will we think about it? Can we do anything about this? Or will it be: There, but for the grace of God, go we to Starbucks for a latte and then it's off to ... Criminal Law. Can we take a few second from our busy and very important schedules to think about how our families would react if this happened to us? In the library, will law students a generation from now look at the walls and wonder what happened to that guy and how did he get his picture on a plaque? Will it say that he was murdered? Will it say that all his dreams and those of his family were taken away for no good reason? Will those future students care only enough to find out if there is a scholarship connected to the plaque? How will we remember the brutal end to a life we hardly knew? More Classic Stuff from February 15, 1984s Issue of The Opinion! Poetry Letter To the Editor of The Opinion: "Law School Man" by victor J. DAngeio We, the Betty Menschieviks seeking to free man take responsibility for the counterfeit grades posted February 6. Unless our demands are published in The Opinion on February 15 the legal terror will continue. -1936 ambassador, your assign- [Editor's note: I Have A Question About That Guy Who Died? Look up something from S.A. Cole Editor-in-Chief 09.15.9? a c c ' , Lean up against the board and you'll get chalk on t c ac o your sport- ° (X) Law grades are to be posted within 1 month after the exam dates jacket "%£. D^gl (2) All grades from last semester by -■* "c up by February 20,12:00 noon. Oh great metal Box, ht ° mUC Biack or extra white. Pour, Pour, Pour, Yellow soup and so much more. You once ran out of cups And I watched my coffee squirt down the drain. I Be Sure tO look here next Week 101* fniotht^r OpilliOll |i a n Diasi irom the past ! 7 @) undergraduates in the library, or undergraduate classes scheduled in our classroom. (4) Section 3 classes must be held in Moot Courtroom. If our demands are not met WE will no c res P onsikle f°r the consequences. * Bruno Carlos II Bakke (editors note: the original in the newspaper was done with irregular capitaliyou zation and newspaper cutouts have to see it to ei ieve it we nave reformatted it to make it easier to read) __ — �Vol. 39, N0.2 Continued from page 7 R.R. would then be able to deflect criticism from those of you who think that he has not served the poor all that well." "When it comes right down to it, I'd much rather have a President withthe initials R.R. than EM. An R.R. glides effortlessly through conflict. It is a sign of fine craftsmanship and distinction. It's not like all the other cars on the road, but would you want the President to be a Toyota? "An F.M., on the other hand, is just a radio station. Wherever it goes, it changes frequency. It gives the illusion of substance, when in reality it is controlled by whomever turns that dial. It ways whatever you want it to say, and if you disagree with it, it will change. An F.M. is something that people who dream deserve. An R.R., well, that's what you get if you work." [Editor's note: Trust us. This "endorsement" doesn 't get any more ringing or coherent when presented in non-excerpt form.] wings, buffalo, edu/law/opinion of the molecular configuration found in heroin. It starts zapping people while they're taking heroin, and later finds it likes the molecular configuration found in humans during orgasm even detter. Alright, maybe it isn't the story." "Perhaps the humor was what brought me back to see this movie a second time. But what's so funny about a German scientist asking a woman what direction her apartment faces? If that's not funny though, why was I laughing along with everybody else?" [Editor's note: Liquid Sky isa bit dated by now, but is still an entertaining flick. Be warned, however: this is a bad film to watch alone. You need to have at least three other people in the room to generate enough witty commentary to keep the experience lively. Given the right group of snide viewers, Liquid Sky is two hours ofpure early 80 'sfun.] WRESTLING FEVER—IT'S CONTAGIOUS by Pudge Meyer "On Tuesday, February at the Buffalo Aud, LIQUID SKY: SO 7, 1984, no fewer than twenty-nine BAD IT'S GOOD people (not including By Jud Weiksnar "Liquid Sky, the New undergrads) joined me at Wave/Science Fiction ringside. I get great satisfaction accompanying first-time film...is too vioent and obviewers. Sometimes they scene for my taste. The acting is terrible and the music said "It's so much better than is worse. In spite of itself, ont.v." But usually they just however, Liquid Sky suc- sat there with their mouths open. And by the third ceeds. "Where does the appeal match they were screaming of this movie lie? I don't want to say the photography is good. That sounds too much like 'it has a nice per- as loud as I was at the collection of talent that graced the Queen City that fine Tueday evening. What have we done to deserve the presence of Andre the Giant, Ivan sonality.' "Maybe it's the story that makes Liquid Sky click. Putski, Sanana, Murraco, Atlas, Johnson, Fuji, Saito, An alien come to lower Manhattan via U.F.O. in search the Sargeant, the Superstar?" More Announcements Jewish Law Students Association First general meeting to be held Thursday September 17 at 6PM in room 212. If you cannot attend, please leave a note in box 88 Organization Fair The annual Organization Fair will be held on September 22 and 23 from 11AM to 2PM. It will be a chance for students to see what organizations, groups, and clubs exist within the law school. 09.15.98 Hockey Season Is Almost Here! games with 2 referees instead of 1. Something tells me Toronto is moving lo Ihe East this year as well, bul for some reason it escapes my mind so I will not assume any division changes. The Eastern Conference Last year when the playoffs rolled around, the Easl looked very easy to evaluate. The Flyers and Devils were the dominant teams and one seemed likely to go on to the finals. Meanwhile, both teams flopped early in the playoffs, and now the Devils have lost Iheir The season ended much as head coach and their lop scorer. The I predicted last semester. The DeFlyers performed addition by subtractroitRed Wings won the Stanley Cup tion when they traded Paul Coffey for and wheeled severely injured Ihe equivalent of a bag of pucks, bul Vladamir Konslantinov onto the ice have not made significant improvements in Iheir team otherwise in tribute. That left one team a winner, and 25 teams losers, looking to (Vanbeisbrook is not going lo be Iheir play catch up with the repeat Stanley savior). Other teams were big surCup champs. Add to the mix expansion, and we now have 26 teams in prises lasl year. The Capitals came out the hunt for the Cup. of seemingly nowhere to show that they The offseason was marked have a good mature team with a comby a flurry of free agent signings. petent goaltender. Ottawa showed a Brett Hull jumped ship and headed major upset in the first round, but refrom St Louis to Dallas. Curtis Jomains basically a one line team. Pittsseph left Edmonton for Toronto. burgh and Montreal maintained decent Mike Richter stayed put after failing learns despite Pittsburgh lacking depth to spark a bidding war between the and Montreal lacking a number one Rangers and Flyers. The Flyers goaltender. Buffalo showed lhat when signed John Vanbeisbrook from God is your goaltender, you can go far Florida. Ron Francis went lo Carostill, Ihey lacked the necessary depth lina. The Rangers perplexed the to make it to the finals. Boston showed that Ihey are maturing into a future dyhockey world by signing has-beens John MacLean and Brent Fedyk (a nasty and what "will be" in the NHL member of the old "Crazy Eights just a lew short years from now. Line" in Ihe early Lindros days) in Carolina came on strong in the midst of an alleged "rebuild." Ihe end, bul failed to make Ihe cut. The What is lacking from this offseason Islanders showed that when they wanted is any major trades. Many of the old to, they could be a good team unfornames are staying with their teams tunately they are coached by Mike for now (when the biggest names to Milbury (a guy who is nicknamed move are Stu Grimson and Kevin "Shoe boy" because he supposedly tried Haller, you know its a slow off seato allack someone with his shoes), who son). Some of Ihe hottest names on has been incompetent in running thai the market are reported to be Pavel team (thank God I am a Rangers fan). Bure (who says he will never play The Rangers were an abject disaster last for Vancouver again), Keith Tkachuk year, flirting with a top 5 draft pick most of the year. Florida and Tampa were (who says he will nol play until his contract is re-negoliated), Jeremy not even worlh menlioning bolh had Roenick (who Phoenix may not be embarrassing seasons (culminating in able to afford if they renew Tkachuk's Florida getting a greal draft pick...though 100 bad they traded it earcontract), and even Eric Lindros has popped up in rumors (Bobby Clarke lier in the year lo San Jose). has finally told him to play up to the This year it is safe lo say lhat salary he is paid). Toronto is once the Devils will probably slip back a again rumored to be shopping Felix notch (though remain in playoff conPhilly is slill the "cream of the Potvin (not the same "Polvin sucks" thai would be retired Denny cop" in an Eastern Conference that is becoming the epitome of "parity." BosPotvin), and the Rangers are rumored lo be shopping Adam Graves (with lon is slill a couple of pieces away from injuries, perhaps the oldest 30ish year being a true contender, but a breakout old ever lo play the game), and Jeff year from Joe Thornton (1997's numBeukcboom (whose faults are so ber one pick) could be whal they need many, I can't even describe them). to go over the top (especially if Sergei Samsanov continues where he left off Unfortunately, one hold over from last year is free agent signfrom this year). Washington should ing problems. DougWeight remains make il to the playoffs as a top three seed justby virtue of being in the weakunsigned in Edmonlon, and the Islanders have yel to sign such stars as est division in ihe Easl (lop team from each division gets automatic 1-3 seedZigmund Palffy and Trevor Linden (despite having a dirlh of offensive ing). The Hurricanes should also surtalent on their team). Add lo this Ihe prise some people with good years from fact lhat the problem of concussions Roberts and Francis. Ottawa will be a is rearing ils ugly head Pat playoff team, and Ihey have good young LaFontaine finally hung up his skates, talent developing. Their problem is that and everyone is hoping lhat Paul Ihey have painfully Utile depth. Montreal has enough talent to make the Kariya can make it back from his season ending hit last year. Coaches are playoffs, bul nol much else. Finally, I crossing their fingers that their star believe lhat the Islanders (assuming isn't the next lo take a big hit. they start signing people like Palffy and The 1998 season brings, Linden) will make the step inlo the playlor belter or worse, some interesting offs. Buffalo should also be a contender for the playoffs once again. changes. There is a new team this 3 year (the Nashville Predators The odd man out from last more expansion learns arrive over the year's playoff bunch will probably be next couple of years...the Minnesota Pittsburgh. They lost Francis, and have a series ofsecond siring goaltenders, bul Wild, Columbia Blue Jackets, and Atlanta Thrashers). The conferences no true number 1. They do have Jagr will also be divided up into three geothough, and they did adjust to the loss graphical divisions rather than Iwo (I of "Super Mario," so you never know. believe North East, Atlantic, SouthThe Rangers will languish east, plus Central, West, and Pacific). this year as they undergo a rebuild. I Finally, the league will be conductslrongly suspect Gretzky will have a siging a number of experiments. In the nificantly reduced year in terms of outpreseason, Ihey will play with elimiput (though, and you heard it here first, Kovalev will finally have a 40-40 nating the redline. The nets will be moved a couple of feet away from year.breakout if you will). Florida is the back walls (to clear up traffic bein disarray and being run by the hockey hind thenet and prevent goalies from equivalent of the Marx Brothers. The overplaying the puck), and they will Lightning have improved themselves a try a large number of regular season great deal, bul will nol be playoff Its thai time of the year again. Hockey players are returning to training camp, and the NHL is getling ready to swing into another season of hope, disappointment, and glory. As a service, The Opinion is providing a glimpse into this year's hockey season as it looks now through the eyes of Russ Klein. You will hear nothing ofMark McGwire, Monica Lewinsky, orany of the mundane outside world in this column. This is strictly hockey. — — — tention -- -- — 8 bound. The Western Conference Unlike the East, the West has a very strong line between the contenders and the pretenders. The conlenders are: Detroit, Colorado, Dallas, and to a somewhat lesser extent, St Louis (though they took a big hit this year by losing Brett Hull). The rest of Ihe teams are jusl not in the same league. Granted that Edmonton is superior to Vancouver, bul every team not named as a contender above has major glaring flaws. Detroit is mostly the same team they were last year, except now they will have the services of Sergei Federov all year. Colorado showed that they needed a heart transplant, bul this year they have a new coach and they had 4 big first round draft picks in this past draft watch for them lo turn it around and return to true contenders (especially with Roy's days winding down). Dallas won thePresidents Trophy for most points, but lost in the playoffs. They have added formidable weapons this year and this could be it for them. Si Louis was a good team last year and had plenty to brag about, but as I said, losing Hull could prove to be a huge blow for them. As for the rest of the teams, its almost painful to go through the list. Anaheim needs (A) depth in scoring and (B) lo figure out a way lo stop other team's goons from taking liberties with Kariya and Selanne (acquiring the Grim Reaper and Haller will go a LONG way towards solving this second problem). San Jose has nice developing lalenl but is too young with their youth and too old with their leadership. Edmonton losl Curtis Joseph, has not signed Doug Weight, and is slill being cheap enough to field a team lhat is always good, but never good enough. Vancouver will pay on the ice if they don't get true value for Bure (and Bure has a "top 3 salary average" clause so he may be paid $10 million this year) Messier is too old to be their savior, and Matthias Ohlund is 100 young to lead Ihe team. They also — — have no goallender signed as of yet, and a series of 3rd stringers lined up. Finally, their team defense is an ongoing joke lhat would make the besl goaltender look bad. The Kings are a mid-tier team thai needs to acquire a big name scorer (they are rumored to be interested in Bure). Phoenix may haveserious contractual problems with Tkachuk and/or Roenick this year. The other teams do not deserve lo be mentioned (Toronto and Calgary, whatever conference Ihey will be in, will not be particularly good —Toronto needs lo learn that "Mats Sundin alone does nol equal a Stanley Cup"). Predictions This year's Stanley Cup finals will feature some new faces: Dallas versus Boston. Boston will lose to Dallas in 4 or 5 games, and then the Bruins will become a new dynasty in a couple of years (ala Edmonton in the mid-XO's). This year's Arl Ross Trophy (league leader in points) goes lo Paul Kariya (if he can stay healthy), and Ihe Vezina Trophy (best goaltender) goes lo Martin Brodeur. Once again, Dominick Hasek gels Ihe HarlTrophy as MVP. Kariya also gels the Lady Byng Trophy (gentlemanly play). The Calder Trophy lor rookie of the year goes lo Manny Malholra of ihe Rangers. Finally, Brian Leelch will reclaim the Norris Trophy. And speaking of Ihe Rangers...they will finish al least 5 games under .500 this year, but will be more exciting lo watch this year. Grelzky will begin his decline, Kovalev will begin his ascent, and Leelch will return lo Norris Trophy form. Richter will show the world lhat he is the most overrated goalie this side of Ron "Five Hole" Hexlall. And lhat my friends, is this year's NHL in a wrap. My predictions arc worth the price of this newspaper (which is nothing). � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2cb1e6b8e59a7d14f7dafcee6657f7e2.pdf 3124fbfc4d87a699d3fe4b957471ba74 PDF Text Text wings, buffalo, edujlaw I opinion UB Law School's "Preeminent" Student Publication The Only News You Need Cost: $.05, t.lO Canada (just kidding) "'Ho OPINION I YEARS I OF ', THE | OPINION # Vol. 50, Issue #3 ivx-vv:::::::::-:;:;:-;:--::::;:;:::::::;:;:;:-:;:;:;:::::::::://'::;: September 21, 1998 "Vi Veri Veniversum Vivus Vwi" New York Lawyers' Continued Education Mandated by by S.A. Cole, Editor-InChief Working in conjunction with the New York State Bar Association, New York's Chief Judges have implemented a mandatory continuing eduction requirement for all attorneys practicing in New York state. The new rules have been passed in an effort to enhance competence and professionalism in New York's over 150,000 practicing lawyers. Passed last week, the new rules add New York to the 37 other states who require some type of continuing eduction for those admitted to the bar. The policy change was not unexpectedlast year, New York passed regulations requiring new attorneys to attend 32 hours of continuing eduction in their first two years of practice. Now, once an attorney is past the two-year mark, they will berequired to log an State Judges additional 24 hours every two groups will begin offering a years. The hours are divided variety of classes. Many have exinto: four hours ofethics work, pressed skepticism at the nofour hours ofresearch and writing, and 16 hours of general tion of lawyers certifying workrelated to the professional themselves. Here at ÜB, one 3L commented, "It's a little aspects of contemporary pracsuspect—having lawyers certice. Lawyers will certify tify themselves." themselves when they have Another soon-to-becompleted their hours. Courses graduate complained, "We can be taken by video, over the spend three years in school— internet, or inregular classroom we've learned enough, or we settings; law schools, firms, bar should have. This is just a associations, and private way to charge lawyers even more money for practicing." Other students were more optimistic. "It will keep lawyers fresh in the everchanging world of legalese. This is a fast-moving profession. In order to remain on top of things, you have to make an effort to keep up." In recognition of most lawyer's hectic schedules, the requirments are designed for flexibility. The new rules go into effect at the end of this year. Scenes From The First Year Alumni Mixer Photos courtesy of the UB Law Alumni Association School of Law "The Alumni Association holds this party every year to welcome the entering class into the UB Law family," said Assistant Dean Ilene Fleischmann in her opening remarks" "We invite the law students to take advantage of networking opportunities with the alumni during their three years in the Law School. The contacts that you make will help you throughout your legal career." Inside This Attention 3L s!!!! f THE SENIOR CLASS PICTURE IS WEDNESDAY, SEPTEMBER 23, ATBAIRD POINT. 11:00 a.m. If you don't know how to find Baird Point, just make a beeline for the Greek Columns next to the pond You know, the big wet thing with all the fish in it. Issue ... Seeking Sense In A Quagmire 4 I Got A Phone Cal I Last 4 Night. Hypsterocles, the Pythagorian Hipster....s The Robot. 7 Plus more of that good stuff..... �2 September 21, 1998 Vote "Cole" for Miss New York Teen All American! There are many fringe benefits to being the Editor-in-Chief of the Opinion. The limo service between here and South Campus. The caviar that keeps me going during early morning-hour layout sessions. The legions of carefully oiled undergrads, aching to honor my every journalistic whim.... And you should see the Dental plan. Anyway, last week, after myself and the editorial board got back from an allexpenses-paid trip to Tahiti to research the literary aspects of Tahitian Common Law (look for the article next week!), I got one of those postal gems that make life such a treat here at your humble law school newspaper. That's right, folks—not only do I get to research stories in exotic places at the expense of your tuition, but I have an even MORE FABULOUS task here at the Opinion. I get to open the mail. Week after week, I get to be the first person to rip open virginal envelopes laden with treasures for republication. Ads from Planned Parenthood. Politicians asking for free endorsements. Notes from freaks all over the coun- try, convinced that while we might generally charge for ad space, we specifically like them enough to give it to them gratis. And so it was without surprise, although with much delight, that I found myself opening, last week, a circular from the MISS TEEN ALL AMERICAN PAGEANT. The MISS TEEN ALL AMERICAN PAGEANT really wants to advertise in the Opinion (for free). Last week's message from them marked the third time I found myself dealing with their particular brand of anti-feminism; they like to send us a little something in the mail about once a fortnight, always accompanied by a 3x5 glossy of this year's Miss New York Teen All American. In fact, it is due to their persistence that, completely without effort, I know who the "Miss New York Teen All American" even is. I deeply resent this. A lot of my political ideology is based on not knowing that sort of thing. But now, it's gotten to the point where I can't tell what month it is unless I find the smiling face of Andrea Kahn in the mail. You don't know who Andrea Kahn is? Well~l bet you don't vote, either! What kind of citizen doesn't recog- nize the name of the gallant young teen who lets the rest of the country know what adolescent New York looks like in a swimsuit? Anyway, since / now know the name of Andrea Kahn, thanks to endless hours of work in the pit crew of the Opinion, I have decided that you, too, should be vested with this invaluable knowledge. Also, I have decided that— should any of you want to enter the MISS TEEN ALL AMERICAN PAGEANT-I am not going to be lax in my duty to inform you how to do WE GOT LETTERS! Dear Editor ofthe Opinion,.. U.B. Law School-The Place Where I waste My Time Last night, I was invited to attend another "mandatory meeting" as a requirement of a law school class. As I am in the twilight of my law school career, I have been required to attend numerous mandatory meetings. In hindsight, I realize that none of Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I these meetings depended upon my presence, and little of my success resulted from my having attended these meetings. Last night's meeting was typical of all the rest. It was required that all students registered for Trial Technique report to the Moot Court room at 7:00 p.m.. I left my family and drove 45 minutes each way so that I could listen to Professor Anne Adams explain why S.A. Cole Ken Grant Dan Baich Cindy Huang over Russ Klein Vacant Leonard Heyman Russ Klein Ken Grant officer?" "Routine check, ma'am. Can I see your drivers license, please? You un- Andrea Kahn MU WW YORK TON AU AHWICAT 19» der 19?" "Uh...yes officer." "Uh-huhh....you got an evening gown?" "Uh...yeah. Why?" "Just one more thing, li'l lady. If you could create world peace, what would you do with all the military's free After all, I got the information in the mail. It would be negligent of me not to pass it along, right? "What?!" And so on. Civil liberties aficionados should note, also, the age and gender bias it is important not to be late for the December 12 Trial Technique competition. Since my section had already met on the previous evening, I was already fully aware of the course policies. Ms. Adams bantered on that it is her recommendation that anyone who fails to show upmore than 15 minutes late to the competition receive a failing grade for the course. This is the equivalent of saying that I should fail all the exams that I can not be bothered to show up for. Any law student who is too stupid to figure this out on his or her own should be drummed out of the school. Any professor who believes that law students are too stupid to figure this out would spend their time better being involved with theadmissions committee than wasting my time at ridiculous mandatory meetings. Law school has a reputation ofbeing demanding and rigorous. It has been challenging for me, especially since I have a family and a full time job. It is only the first week, and I am already three weeks behind in my reading. I do not have,a spare evening to waste driving to UB to lis- Staff: News Reporter News Reporter Columnist Op/Ed Editor News Editor Web Editor Web Editor Photographer First of all, you should know that New York is in a state of emergency trying to find would-be contestants for this year's competition! "Pageant Officials [important thing to notice: use ofthe word "official" actually does make things sound official. The next time I run a red light, you can bet I '11 be looking in the rear view mirror for "Pageant Officials. "J are searching the State for young women to participate in the 1999 MISS NEW YORK TEEN ALL AMERICAN PAGEANT..." Wow. "Searching the State." They make it sound like State Troopers are going to be helping out in the hunt. "Why didyoupull me Columnist/Chauffer.. Columnist Columnist Columnist Columnist time?" Dave Allen Peter DeWind Howard Beyer Gabe DiMaio Randy Janis Katie McDowell Peter Nicely Adam Perri The Opinion, SUNY al Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed al the Buffalo Newspress. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VI Veri Veniversum Vivus Vict. "We have a First Amendment and we know how to use it." inherent in the MISS NEW YORK TEEN ALL AMERICAN PAGEANT (see? Any topic can be related to law, no matter how absurd your opening paragraphs are.). I have a feeling there may be some Disability Act problems here, too. How do you win a swimsuit competition if you don't have any legs? Or for that matter (for you establishment clause folks out there) if your religion precludes you from wearing a swimsuit? When was the last time you saw an Amish Miss Teen All American? All kidding aside, it seems like this contest should be called MISS TEEN SOME AMERICAN. Or, perhaps, MISS TEEN WHO CONFORMS TORULING CLASS STANDARDS AMERICAN. And mind you, I'm not discounting, MISS TEEN LET'S CREATE SOME EATING DISORDERS AMERICAN. Yes, yes—it's a free country. Droves of lemminglike teenagers are perfectly entitled to represent New York State in the areas of sterilized oratory, free advertising for the evening gown industry, and providing an ideal of the female form. It probably even builds some self-esteem (at least, for the winners). Like Continued on page 3 ten to someone who treats law students like the freshmen at a high school assembly. My advice to lLs is to ask upper class members which meetings are beneficial, and which are a waste of time. Paul K. Barr, 3L I HAVE A FEW QUESTIONS ABOUT THIS LEWINSKY THING Is it about sex or is it about lying in a deposition and to The Grand Jury about sexual harassment? Is Kenneth Starr prying into the private sex life of an individual or was he investigating a matter involving the Chief Executive's sexual misconduct with a subordinate? If these sexual escapades happened in a corporate enviornment and the stockholders found out, what would happen to the CEO? Shouldn't the most powerful man in the world have better judgement? Shouldn't the President of the United States be held to a higher standard? Is it alright lie only in civil cases? If JFK, FDR,and Eisenhower all had affairs, does that make it right? Don't Americans, both Democrats and Republicans, deserve better? A.A. Noel, 1L (EB �Volume 39, Issue 3 Peter's News Briefs by Peter DeWind Bar Battle Dr. Marilyn Bartlett has taken, and failed, the New York State bar exam five times. She informed the New York State Board of Law Examiners (the Board), who administer the exam, that she suffers from a disability which impairs her ability to read. Dr. Bartlett requested that the Board recognize her disability and provide her with the special accommodations she would need to have a fair chance of passing. These included measures such as presenting the questions orally and providing extra time to answer. TheBoard denied Dr. Bartlett had a disability. She had, after all, graduated from Vermont Law School and possessed a doctorate from New 3 York University in educational Starr Bright? administration. Dr. Bartlett This is, obviously, the explained away her apparent big story of the week. At this lack of disability as the result point, anyone who is not alof self-management. She ready well versed on this topic claimed to have simply learned is probably not going to find to work around her problem. enlightenment here. I leave it Her fifth attempt was in 1993, for you to define misdemeanor as you like the same year she filed a lawI just wish a suit against the Board under cigar was still a cigar. the Americans With Disabilities Act. Dr. Bartlett was alWarning Coffee is hot When was the last lowed to take the bar exam with accommodation but time you heard this? The law would only be able claim her is, like, dumb, there was that score if she was victorious in person who got, like, millions for spilling coffee in her lap the lawsuit. This past weekthe 2d One of the unfortuCircuit of the U. S. Court of nate side effects of choosing a Appeals affirmed that the legal career is having to defend Board had decided Dr. Bartlett huge verdicts which run s case in an arbitrary manner. counter to popular notions of The Board was found to have common sense. The case of no expertise in determining Holowaty v. McDonald s whether a candidate is disCorp., 1998 WL 407131 abled, only whether she is (D.Minn.), might come in qualified to practice law. Dr. handy the next time your holiBartlett wasawarded the exam day dinner is interrupted by a fees from each time she was relative s indirect and bitter revelation that they too might denied special accommodations. be willing to loose some skin ... ... . for million dollars. It seems that Mrs. Holowaty, and her husband, purchased two piping hot cups of McDonald s coffee. Both the lids and the cups were emblazoned with warnings that the contents were, indeed, very hot. As they returned to their car, Mr. Holowaty removed the drinking tabs to allow the coffee to cool. He handed the coffees, nestled in a McDonald s cardboard take out caddy, to his wife before driving off. The Holowatys soon began descending a steep hill. In short order the cups, which rested upon Mrs. Holowaty s lap, tilted forward while the coffee didn t. When the liquid cooled, Mrs. Holowaty was left with second degree lap burns. The Holowatys claimed that the coffee was defective because, while they knew it would hot, they did not know it would be that hot. They claimed they should have been warned coffee was hot enough to cause second degree burns. Labor & Employment Law Association General Interest Meeting Tuesday, September 22, 3 p.m. Room 406 O'Brien Continued from page 2 tors, armed only with a bullhorn and a large room. girls' gymnastics, boys' wresContestants who marshall tling, and unisex rock climbing, the detriments are always their powers ofcharm, persuasion, and fast talk to create the proportionate to the benefitsat least in the minds of the parquickest resolution would rank ticipants. The beauty pageant the highest. Bonus points debate, which was briefly a would be given out for workpublic issue in the wake ofthe ing health insurance benefits Jonßenet Ramsey affair, could into any agreement that simul(and, sadly, probably will) be taneously cut sick day allotments. Contestants would be waged forever. However, it's hard to disqualified if their particular ignore thefact that beauty pagnegotiation resulted in anyjust...well...dumb. thing surpassing a three-day eants are Especially when one stops to stalemate (and minus one consider what they supposedly point for every scab later found wearing concrete promote, versus the stereotypes they perpetuate. shoes). "Judging is based on "Evening Gown" Personal Interview, Evening should be replaced with this Gown and Swimsuit Competype of scenario: You have a tition." Now. What are those pair of jeans, a blazer, a tank three things, really? In my top, a blouse, three different book, they sound like 1) pairs ofshoes, two skirts, three Chutzpah, 2) Fashion Sense, sweaters, and an endless arand 3) Sex Appeal. And yet, ray of options regarding how how do they judge these to fix your hair. You have to things? They ask these poor meet with your boss and then girls some vapid questions, immediately proceed to your make them parade around like first casual date with the man a doll, and then stuff them into of your dreams. It's raining, spandex and a pair of high but it could stop at any moment. You have fifteen minheels. a What dumb test of utes. Create the perfect outa girl's mettle! If you're gonna fit. test them, test them. Stick it After all, anyone can to 'em. How? hire a fashion consultant to Instead of a "Perhelp you get ready for the sonal Interview," pageant enpageant...whereas only a real trants should be forced to neartist could survive a chalgotiate a settlement between lenge like the precipitatingthe National Auto Workers boss-to-boyfriend Outfit GenAssociation and General Moeration Test. And finally, we have swimsuit/sex appeal. To be a true competition, this type of event needs to involve a lot more than merely sauntering around in your skivvies. After all, almost anyone (with the right mixture of diet, exercise, and glue to keep their suit from giving them a wedgie) can look good in a swimsuit. But, you can rest assured, the highly skilled harem girls of Constantinople had a lot more going for them than a thoroughly waxed bikini line. Hence, in order to gauge true sex appeal, all contestants should be required to perform an erotic dance (and if you think this is any more perverted than teenagers gliding around in tiny pieces of nylon, you need to re-think your world view). As everyone knows (but few admit) what may look good may not always...uh..."perform" well. But a sexy dance is a good indication of a lady committed to her eroticism. If the MISS NEW YORK TEEN ALL AMERICAN "Pageant Officials" would only admit this, our world would be a better place. This is what goes through my head as I sift through the mail here at the Opinion. The bottom line: we need to be getting a better class ofmail. Send your submission today; thanks, and enjoy this week's edition ofthe Opinion. S.A. Cole Editor-in-Chief Opinion Editor-in-Chief S.A. Cole inspects the illustrious Opinion mailbox. The testimony of Mr. Ted Lingle, a coffee brewing expert, helped to indicate that the coffee wasn t really that hot. He testified that, not surprisingly, coffee must be hot in order for the brewing process to operate. [Its science! With apologies to Jim Rose]. Mr. Lingle, the coffee brewing expert, reported that coffee is optimally brewed at between 195 and 205 degrees. The process of brewing typically causes the liquid to cool by 10 degrees or so. The serving temperature, for optimal flavor, was reported to be between 175 and 190 degrees. Home brewers keep coffee at degrees. around 180 McDonald s coffee is reported to be served between 175 and 185 degrees. Dr. Diller, testifying about burn tolerance, reported the human lap will reportedly burn in one second at 158 degrees. The court found the coffee was not shown to be unusually hot. Further, therisk of burn which a cup of coffee provides is sufficiently open and obvious as to not require a special warning that coffee can burn your lap. McDonald s motion for summary judgment was granted. Virtually Educated Struther's Sally plump visage pleads from within my ancient Readers Digest Have you ever thought of pursuing a legal career? Sure, we all have Unfortunately, the legal field is no longer spared this sort of indignity. The progressive folks at Kaplan Educational Centers have created the Concord University School of Law which isthe Internet s first virtual law school. Concord University is the first law school which allow students to earn their JD entirely from home. Kaplan claims Concord has been created to serve students who, for whatever reason, cannot attend a physical university or regular classes. Such potential students include those who must care for children or other family and those stuck in rural locales. Students use their Internet connection to view lectures and materials 24 hours a day. They may even set up chat rooms with other students for some virtual discussion. The curriculum is said to follow that ofmore traditional law schools (i.e. those with buildings and people). Concord has applied to the Committee of Bar Examiners to admit graduates to the California Bar. Reciprocity rules may allow graduates to then allow graduates to practice in other jurisdictions as well. For those netizens sick offighting for the one lecture hall outlet information may be found at .... www.concord.kaplan.edu. �September 21, 1998 4 SEEKING It a glorious auwas SENSE have succeeded brilliantly in tumn day in 1994 when the opening up a "Pandora's President walked into an office Box." There's plenty ofblame celebrating the birthday ofone to pass around with this sorof George Stephanopolous' indid mess. The President did terns. We exchanged greetnot act like a Rhodes Scholar ings, bantered, and watched in carrying out an illicit tryst some MTV. That was also the with Ms. Lewinsky while a pit day that the most powerful bull of an Independent Counperson on the planet thorsel has been after his tail for oughly checked out and adfour years. On the other side miredan attractive female colofthe coin, the Starr probe has league of mine who was also not produced anything conan intern for Mr. structive for America either. It Stephanopolous. At that point took four years and $40 milin time, Monica Lewinsky was lion dollars to find out that the not even a blip on the radar President carried on an affair screen of national consciouswith a woman just a few years ness. In recalling that incident, older than his daughter and it does not shock me at all that then naturally tried to keep the President Clinton would risk relationship secret? Where is his Presidency for a dalliance all of the information on with a lowly intern. Whitewater; Fosterg*; In the aftermath of Filegate; andTravelgate in the having the lurid and embarStarr report? Anyone who arrassing details of President gues that the probe is not Clinton's sex life exposed to about sex deserves to be the light of day; "These are the charged with first degree times that try men's souls" as bullshit. This is the work Patrick Henry so eloquently product of a man who just last wrote. What is happening in year was on the verge of acthis country right before our cepting a deanship at eyes is the product of desper- Pepperdine University Law ate political opponents who School in Malibu, California. I Got A Phone Call Last Night! I am going to be an uncle! I am jazzed after getting offthe phone with my sister. I am no novice at this uncle thing.The aforementioned sister already has two in the brood.But those two little girls, aged almost five and almost three years, make me happy. I like being their uncle but confess I may not be a very good one. I get manic after two concentrated hours with them. How does my sister do it? The girls are very needy and require a ton of attention. "Look at me jump!" shouts the eldest, Kaylee. "Me too!" chirps McKenzie, as she tries to jump as high. "Push me higher on the swing!" "Me too!" "Come into the tree house!" Kaylee demands. "Me too!" "Hey Kaylee, why don't you go up there with your sister and you can wave to me." I offer as an alternative. There is no way my big carcass is going to fit in the tree house. If you put me in a wetsuit and slather me with Crisco (A nice visual to be sure), it still wouldn't happen. Kaylee is adamant. I slowly climb the short ladder while furtively looking for a way out.(Sniff) There is none. I squeeze my big ass to the corner to make room, as if it really matters. I feel like Alec Guinness in "The Bridge on the Rive Kwai." Was I ever small enough to fit in such a small space? I look to see if there is a weight limit sign anywhere in the cube. No. Do I hearthe sound of wood splintering? No? This is a good thing. The little ones climb up. Surprisingly, we three fit. "Okay, so what do we do now?" I wonder silently. "Shhhhhhhh, the monster is coming..." "Shhhh..." "Hey sis,the monster is coming, " I call,"are you sure you don't need my help in the kitchen? "SHHHHHHHHHH!" "Sorry." During the next thirty minutes of being silent, we were able to keep the monster and his brother at baygood thing. "Okay, wash up for dinner!" My sister sounds the freedom call. The girls scamperout of the tree house. Minutes later, I lumber down the ladder and we enjoy a great meal together. Before leaving, we play some more. My girls treat me to a dessert of pie and chocolate milk. Strange though, the refreshments are made with the same ingredients of mud and water. I get hugs and kisses before I leave. When I get out oflaw school, I rationalize, they will still be young enough to enjoy— Kaylee, McKenzie and my newest niece or nephew. by A.A. Noel A QUAGMIRE INunder oath about their lives.. ting old and tiring. I'm thank- In the interest of enlightenment, Pepperdine is financed and run by Richard Mellon Scaiffe, an extremely affluent and staunch enemy of the President. If it wasn't for the terminal stupidity of the President and Ms. Lewinsky with an assist from Linda Tripp, Ken Starr and his staff would have continued to grasp at straws. The President was right on the mark in his criticisms of the Office of Independent Counsel in his August 17th address; but he chose the wrong time and forum to vent his rage. The next unsettling issue is the sheer hypocrisy of this saga. The United States Congress is not exactly a sanctimonious and dignified place. Many Representatives also possess "Scarlet Letters" in their closets. Dan Burton, Henry Hyde, and Helen Chenoweth have all been forced to admit to past sexual indiscretions. Mr. Burton not only had an affair, but he also fathered a child out of it too. After all, he is not too much different from Warren Harding. Now the man who chairs the committee that will decide the President's survival in office is not exactly qualified to cast any stones himself. Mr. Hyde was forced to admit to what he termed were "youthful indiscretions' for an affair that he carried out from 1965-1969when he was 41 years old. It's not like Chairman Hyde was a teenager or in his "Roaring 20's" when he was involved with Cherie Snodgrass. Otherthan learning that a prominent Congressman and Committee Chairman had a mistress with a facetious name, what further evidence do you need to reveal the hypocrisy Of having our not so esteemed Congress pass judgment on President Clinton? Some admirers of Presidents Reagan and Bush assert that those presidents possessed strong moral authority. Most of us have forgotten about Iran-Contra and the BCCI scandal. Furthermore, Reagan and Bush were never interrogated sex President Bush was rumored to have had a mistress while stationed abroad in Switzerland and Reagan' s affairs predated his Presidency. Then again, Reagan left office with the same Alzheimer's that he came in with too. There is no need to delve into the welldocumented "extracurricular activiOval prominent ties" of Officeoccupants. President Kennedy did a fine job handling the Cuban Missile Crisis in the same year that he was involved with Marilyn Monroe and Judith Exner. The point isthat President Clinton is not the first, nor will he be the last occupant ofthe Oval Office to have sexual relations with someone other than their spouse. This leads to the next question: Is having an adulterous affair and lying about it sufficient grounds to kick a president out of office? Even President Clinton's staunchest supporters feel like they have inhaled during these trying times. Some of the President's answers to the graphic questions posed to him are comical. The semantic quibblingand hairsplitting over the meaning of "sexual relations" is get- ful that I don't have any kids of my own to ask me questions about the sordid details that is turning the mainstream media into a Jerry Springer show. Now that it is apparent that the President perjured himself in the Paula Jones deposition back in January and lied to the American public in the Roosevelt Room when he denied that he had "never had sexual relations with that woman," the question now boils down to what form of punishment fits the crime? A formal censure or denunciation by the Congress would not exceed the bounds of propriety. Perhaps, a fine like the one levied against Speaker of the House Newt Gingrich may also be appropriate. Proceeding with the process of impeachment and then a trial in the Senate will only exacerbate an already bad situation. Continued on page 7 JOIN A WINNING TEAM PIEPER BAR REVIEW PIEPER PEOPLE PASS!! YOU CAN TOO! 1-800-635-6569 �Volume 39, Issue 3 5 Hypsterocles, the Pythagorean Hipster — A long, long time ago in Greece way back, several millenia ago, back in the BC's — there lived a man named Hypsterocles. Now, Hypterocles belonged to a very secretive and powerful group, known as the Pythagoreans, who just so happened to be followers of the famous mathematician, Pythagoras. That's right, the same one who supposedly discovered the Pythagorean Theorem. As we all know today, the Pythagorean Theorem says that in any right triangle, the sum ofthe squares of the two sides is equal to the hypotenuse squared. That's what we all know today, in ourmodern high-tech back But age. in Hypsterocles' time the lay the nonpeople, Pythagoreans, had no conception of fractional numbers as we do today. Back then the only numbers that most people knew about were integers, whole positive numbers, sincethe only way they knew how to count was either with their fingers or by pushing pebbles around on the ground. The Pythagoreans of course knew better than that they were, after all, mathematicians. They knew about irrational numbers like fractions and it was this exclusive knowledge of fractional math, which gave them their political power. But of even more practical use, and even more secretive, was the Pythagoreans' knowledge of the mighty Pythagorean Theorem. Whenever any layman needed help with a land survey or some sort ofarchitectural problem that layman would need to consult with a Pythagorean. Pythagoreans were sought after far and wide for their great mysterious wisdom. They did the planning ofall sorts of great public works the most famous of which was the now ancient pyramids. Over hundreds of years certain of the Pythagoreans secrets began to become public knowledge. Eventually there came a time when non-Pythagoeans came to know that the Theorem existed but they could not deduce how it worked. In order to protect their power, whenever the Pythagoreans used the theorem publicly, they used it in right triangles that were other than 3-4-5 triangles. This was because they knew that only in such 3-4-5 triangles and proportional multiples thereof would the formula yield a hypotenuse with a whole number (you can figure this — out for yourself on scrap paper, 6-8-10, etc.). Since the general public (spies) had no comprehension of fractional numbers they could never come to terms with the incomensurability of the hypotenuse to the sides in whole numbers when the theorem was applied to right triangles other than 3-4-s's. Thus laymen could never figure out how the theorem worked. By this means, the Pythagoreans had continued to maintain their stature for quite some time. Just about this time Hypsterocles arrived on the scene, at a time when the Pythagoreans still maintained control of the secretive Theorem. Being arelatively intelligent young man, he was snatched up by the Pythagoreans, initiated into the group, and afforded all the priveleges and benefits pertaining thereto. He was sworn to secrecy and made aware of all the mathematical theorems and secretive knowledge that would open the world to him so that he could go forth into the world to prosper and multiply. As his name might imply, Hypsterocles, was something of a hipster. He was socially conscious, aware of and concerned with current events. He also played the lute and the lyre and his lyrics were melodious and pleasing to the ear. Hypsterocles understood that the Pythagoreans were basically a fractious group and that the larger community was, on the whole, more integral to his being than were the boys back at the club. He did not think it was fair to allow his fellow Greeks to grovel in ignorance of the Theorem and languish in poverty. He was a man of integrity who felt obliged to help others in his community to understand the world more clearly. So one day at the market he spilled the beans about the in public ! incomensurability ofthe hypotenuse and about fractions and about many other of the Pythagorean secrets. Quite naturally, some in the crowd, some especially Pythagoreans who there incognito, smeltthat something was definitely rotten in Greece that day. The malodorous stench was not only from the leguminous flatulants eminating from the hipster's posterior region directly between his glutei maximi and wafting through the market. The smell of change was also in the airand all the Greeks celibrated their new knowledge with glee. It was truly an amazing day that went down in the annals of the Greek marketing. - - Needless to say, Hypsterocles won many awards as a man of integrity who had integrated Greece and made it a better place for all men (forget about women and slaves, Greek democracy did not consider them to be "citizens" - yet). He was invited to all the banquets and feasts where he gave speachs about the beauty of integers and fractions and about wholes and parts. He sang songs about how the Theorem would benefit all men and about how the Greeks could now unite in peace, love and harmony without the need for fractious secrets. He was all the rage — a heroe in every sense - and he loved it, the Greeks loved it, the whole world loved it. All except the Pythagorians who were now resigned to an emasculated existence of powerlessly playing withirrational numbers (though they still retained the secret of negatives). Several weeks after the now famous public integration day, Hypsterocles had just finished waxing eloquent to a throng of followers about the beauty of integrity, which he defined as the Ox. Eng. Die. still does Labor & Employment Law Asso- ciation "Fighting Sweatshops, Fighting for Ourselves" Conference Join the Organizing Team for this conference Tuesday, September 22 @ 3 pm 406 O'Brian Questions? Call Joane @ 834-7553 or email her at joanewong@hotmail .com SUBMIT to the OPINION! All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). tofhis day: [ad. L. integritas wholeness, entireness, completeness, integrity, chastity, purity, whole, integer] - The condition of having no part or element taken away or wanting; undivided or unbroken state; material wholeness, completeness, entirety -something undivided; an integral whole. The crowd loved it. After the speech while everyone was partying heavily, and really gettin' down, three of Hypsterocles' old buddies came to him and invited him to join them on a short fishing expedition on the Mediteranean. Hypsterocles, who was also an avid fisherman, felt that his old friends had finally come to realize the error of their former ways so he happily he agreed to go along and perhaps catch an eel or two for dinner. The four seemingly revelrous fishermen went down to the dock, boarded a boat and cast off into the Mediteranean Sea. Later that day the boat was seen returning to the dock with only three men aboard. A crowd gathered on the dock and when the boat heaved to and was moored, it became know that a terrible accident had oc- The Robot Continued from page 7 itmay express thevoiceof its creators, it ultimately expresses a voice that is unique and greater than the sum ofits parts. Just as the collective voice of the Opinion amounts to something greater than, and seperate from, the individual voices who choose to express themselves by means of our newspaper, the Opinion. On a more mundane level, we may consider the following. Someone studying the law could very well come to the conclusion that the law has (at least and mast obviously) two seperate aspects. First, there is the black letter law (like the hard-wiring of the robot) somewhat rigid and inflexible, and somewhat always falling short of truely conveying the meaning and entirety of the law, just as the hard-wiring side of the robot fails to completely encompass the whole nature of the robot, who like the law, has a side thatis constantly in flux and does not lend itself to easy generalizations. The robot is a piece ofartificial intelligence. Trueartificial intelligence (ifit ever arrives as a reality) will have a mind of its own, and be capable of creating new meaning and be endlessly varied in the variety of its perceptions of and arguments about theworld around it, of which it is but one part. The law is a vast and intellectually challenging area precisely because it constantly transcends whatever black letter confines that it has been temporarily put into by the various peoples and institutions who, at the time, have been put in power to give the law a definiteformand shape. The law is something deeper than rules. It is a sense of how to make things go smoothly, how to prevent conflict, and how to organize thebillions oflife's myriad contingencies into an humanly approachable (and thus - curred. Apparently, while attempting to anchor the boat in a really hot (good) fishing area, Hypsterocles had become entangled in the anchor line which then detached itselffrom the boat. Rescue attempts were allegedly futile claimed the survivors and the great integrator, now a helpless victim, had been lost to the clutches of Poseidon. The people mourned their loss, the Pythagoreans secretly reveled in their vengence, the pundits theorized that the Gods had somehow been angered, but life went on. The funny or odd thing about this story is that now, more than two thousand years later, messengers who bring us the truth are stillhaving anchor problems. It is ironic that in a country as powerful and prosperous as ours so many people go underfed, underclothed, undereducated, and underrepresented, undermedicated. What should or what can we do about perceived or actual inequities in our system or better yet, why should we even bother to perceive injustices as they flash past the perifory of our money hungry visions? ... Peter Nicely, 1L linearly defined) system that, arguably, has a more or less useful effect on human life when applied to its activitiesand manefeslations. Further, the system of legal thought, once put into verbalized confines, is an artificial system. The law, put into a system of linear logic and constructs, creates "legal fictions" or artificial means of attributing meaning and sense to certain aspects of our existence. The robot's thought, in a sense, can be considered artificial as well, as it is (at least initially) a product of a man-made technology, that naturally would not occur. On an even more mundane level, the etymology of the word "robot" has its origins in the Czech word "robot" which means work. As law students, we are (I) constantly working, and (many of us anyway) (2) constantly looking to secure that future "work" or job which will be our start in venturing off into our respective legal careers. Just as work is a key conceptual element of the robot, so is it a key element of the law student's life. Perhaps thewhole point of the unnamed is its enigma. Yet beneath the enigma, we can see a few conceptual layers that meet and intersect with our own identities as law students and the identity of the larger institutionthat we are a part of, and in turn, further, with the body of knowledge and endeavorwhich ourinstitution, this law school, strives to give us an education in, and of which we are striving to gain mastery. Or, maybe it's just a robot? frrf by K. Grant t �September 21, 1998 6 not explain the wall of smoke I have to cross through in the THE ANARCHIST (E)- by Russ Klein -(A)- BIG BAD TOBACCO When politicians are not obsessing with sex, lies, and videotaped testimony, one oftheir pastimes oflate is how to deal with the "problem" of smoking. The politicians have no problem with criticizing it, criticizing smokers (I am not a smoker), and threatening to tax it to death(if it were really that bad, you would think that they would outlaw it, but I digress). Part ofthis campaign involves mass-media advertisements. ANNOUNCER: This sounds like a job for Haiku Man and his side- kick, Jingle Boy!: [flash to scene with a little boy about to puff on a cigarette] HAIKU MAN: Tumors in the sky The pale green brown- Pecked phlegm Yummy cigarette Go get 'em, Jingle 80y... JINGLE BOY You better not light up, you better not smoke, 'cos if you do we'll arrest your folks... erage looking americans paid be in commercials] to PERSON I:All ourgovernment does is tax and tax some more! PERSON 2: / thought that the government was supposed to protect the little guy! PERSON y.Alllhey will do is spend the money on something wacky like health care... ANNOUNCER: Brought to you by the wholesomefolks atyour favorite tobacco company. So where does that leave us? Over the last few years, the government (which has simultaneously reaped huge tax benefits from cigarette sales, subsidized tobacco farmers, and have tried to demonize the entire industry) has embarked on an ambitious plan whose soul purpose was to change American minds on the dangers of tobacco use. After all, we are talking about a product that is a stick, that emits a cloud of grayish smoke the smoke that kind of resembles, say, smoke from a smokestack, or exhaust smoke. What exactly is it that hope we to accomplish though? If the threat of a painful death is not enough to get people to quit smoking, then what makes us so sure that we can tax it out of existence? And if we tax cigarettes, as some people would do, to pay the medical bills of smoke related problems, isn't it a little peculiar that we would use the - HAIKU MAN: leave those cancer sticks you better get your head straight They willkill you dead JINGLE BOY: Another successful campaign by the Rapping Duo! ANNOUNCER: Brought to you by the anti-tobacco lobby of America. These advertisements are followed up by equally as obnoxious ads by the tobacco industry [cut to scenes of ay- same tax that is supposed to discourage people from smoking? Many of you will no doubtrecall the character "Joe Camel," and the unceremonious death his cartoonish character met thanks to political pressure. Many people viewed it as advertising to children, and perhaps covertly (or even overtly)it was. But thefact of the matter is that we had a prime example of government attack on freedom of speech and not many people had much of a problem with it. In the end, through it turns out that through threats of legislation, the impending tobacco bill, huge litigation, and public/ media pressure, Camel cigarettes pulled the character voluntarily. A victim of intimidation? You be the judge. Those who do not smoke say that they would rather be in a smoke free environment. After all, besides all the by-products and claims of second hand smoke, cigarette smoke, they say, is just plain disgusting. Smokers reply by stating that in general, they have the right to smoke ~ after all, it is still legal, and they feel that they are being unfairly singled out. In my arguments for drug legalization, I contended that so long as drugusers were hurting only themselves (ie, what if I sat alone in a locked room and shot myself up with cocaine?), then there should be - no problems with legalization (after all, if I steal money while on coke, I am still a thief, and if I drive under the influence, I am under the same types of laws as those prohibiting drunk driving). So along similar lines, if people would like to smoke by themselves, then why should I care? The problem with smoking is that there is a chance...a very strong chance...that "second hand smoke" is a serious problem. At the very least, anecdotally speaking, being in concentrations of smoke CAN (but not always) trigger a migraine headache for me. I also have one friend who had breathing difficulty when encountering overly smokey areas. Other connections are claimed by scientistsand doctors, but I am not certain that all have been adequately proven to be an absolute consequence of second hand smoke. So what do you do then? Here we have this legal product, which has restrictions onage, advertising, and venue, and we need to come up with a compromise, because no matter what the government says, they do not want smoking to end, since the government has too much money at stake(via taxes and economy). It seems common sense to respect the rights of non smokers...and most smokers I know respect the rights ofnonsmokers (of course this does middle of the double doors at the Student Union...). We do need to end these notions of "sin taxes" through. There are lots of unhealthy foods, but you don't see a special 50 cent per pack tax on twinkies to cut down on overweight kids munching on junk food. There is no fast food tax to discourage people from eating such food of dubious health value as the "big mac" and the "Nathans Hot Dog." There is no tax on soda as of yet to encourage Opinion staffers to drink more water and juicelate on Thursday nights during layout. But mention cigarettes, and every politician has a plan to raise a pack from $3.00 per pack all the way up to suggestions that we raise the price to $5.00 and more per pack. Where do I stand? I don't like cigarette smoke, but so long as people are tolerant of me when I would NOT like people to smoke around me, I am all for a respectful tolerance. We don't need law to control the industry and the habit, and we certainly don't need the government to step in because some parents either don't want the responsibility of having to keep their kids away from cigarettes. note: The ideafor Haiku Man and Jingle Boy isinspired from This Modern World, a regular comic strip by Tom Tomorrow. In particular, the cartoon for the inspiration was called "The Annoying Duo Anagram Man and Song In Your Head Boy" and appeared this summer in the magazine we're living in...Funny Times. - I Translation of our latin motto: "It's Latin, I can't read it." XltiesHfrurf 1 EVOLUTIFN BANKRUPTCY I �7 Volume 39, Issue 3 Seeking Sense in a Quagmire not possess; being seemingly from Continued page 4 unsinkable. A line from the friends) and he seems to have a quality that the Titanic did Anyone who has ever worked for the President knows that the word quit is not in his dictionary. The President and his allies will continue to fight savagely with fiery determination. The Clinton White House works best when there's a big crisis looming and the enemy is clear. Now that the Starr Report is out, Clinton's team is focused and organized under the direction of Greg Craig, a friend of Hillary Rodham Clinton dating back to their days at Yale and Harvard the early 19705. Regardless of what one thinks of the nature of Bill and Hillary Clinton's marriage, the undisputed fact is that they are remarkably resilient political team that has survived numerous past catastrophes. What happens next is anyone's guess. Beyond a doubt, even if Clinton survives he will be significantly damaged. The President once dreamed that his place in history would be up in the upper tiers of great presidents like Lincoln, Teddy Roosevelt, and FDR. The reality is that he is tarnished, there is still a chance to save the Presidency. Bill Clinton is like a cat with nine lives (and wives and girl- book Primary Colors by Joe Klein is worth pondering; "Saints have a past; and sin- ners have a future." by Jason Davern The Robot Concerning the Unnamed Robot The tao that can be told is not the eternal Tao. The name that can be named is not the eternal name. The unnameable is the eternally real. Naming is the origin ofall particular things. Free from desire, you realize the mystery. Caught in desire, you see only the manifestatioas. Yet mystery and manifestations arise from the same source. This source is called darkness. Darkness within darkness. The gateway to all understanding. — Lao Tsu, Tao Te Ching So begins Lao Tsu's Tao Te Ching one of the single greatest attempts to distill the meaning of the universe into the poor and rigid confines ofhuman language. And, fittingly, so begins this short exploration into the meaning of our macsot the un- - - I I*>ILL CLXNTOhf ffisr I IPr ■ 3K TH£ CLTCHE2 / "' ~ I—; XT S f 3Eco*T*<y - r a LL — - - - - - ... Continued on page 5 cohfuontch^l 'PftEXEC£SSOJI<S. . . I \ Tv\e t>Es-rWou_ cAN - jcrtrieu-p with 'Pturoa of fine U.WA Mope foitis tfN I ''OLD «rcK^Y <^HK^M^Vo^w^r ¥o^fVVT£RNfl a2 *® ™*! ' Moo tez iHn % Ipp r- «It> // Nor«£z> tfo* JllcHftßV NtXon'A f&eoXOrC W*Tf,dtTWi was) at least partially, something of what was involved in the initial impetus of selecting the robot as mascot. Why was the Macsot never named? Probably because the very act of naming the robot would symbolically transform the robot into something temporal, and therefore, not something existing in a completely neutral space free of semantically and otherwise identifying reference points and other non-essential associations that would tendtowards limiting, rather than expanding, the range and variation of its "voice" symbolic, again, of that of theOpinion. What does the robot have to do with a law school or law students? Well, again, this (not unlike many of the most essential and fundamental underpinnings of the law itself) is not a matter whose logic or sense is immediately apparent, obvious, or easily grasped by the uninitiated.Again, the connection between the robot and a law school is a conceptual one. The law itself, and its study, contain within themselves a certain set of dichotomies whose parameters are, roughly, reflected, to some extent at least, in the concept of the robot, in this case a robot, who, for reasons obliquely hinted at the in the verses of Lao Tsu quoted above, is nameless."The name that can be named is not the eternal name. The unnameableis the eternally real" The robot's name that can be told, then, is not the eternal robot. Or something like that. More specifically, the robot is a piece of artificial intelligence. Ithas a voice, and although a -mesiiiENrifiL cizchL xs Of HX2 xrtA&ES X oos£ YEI /7T article shall attempt to provide what its most humble author hopes will be something not entirely dissimilar to a satisfactory explanation. The robot is first and foremost conceptual. It is a concept whose symbolic tangents go off in an endless array of directions creating a vast web of associations some immediately apparent, some slightly less apparent, and some entirely esoteric and beyond the scope of this brief piece of prose. The robot's origin was largely coincidental (at least in time) to the emergence of the Opinion's web site. The Opinion's central function, arguably, is to express itself (and its readership). The Opinion projects that expression in thevoice itconveys through the traditional paper of its newspaper self and through the hypertext of its web site. The Opinion then can be said to represent a voice; the web site a technological means of conveying thatvoice. So far, voice and technology. A robot is a product of technology. An intelligent technology that can speak, just like the technological innovation of hypertext (and other new electronic means of communication) can speak to people and let them hear the voices of others all over the world. So it was with the robot. An intelligent piece of technological innovation a machine in the form of a human that can convey a voice can speak and, as a sucsessful piece ofartificial intelligence (not bound by the limits of of its own hard-wiring or the limits of theparticular imaginations of those who created it) can create meaning. Essentially, thatis (or ■- /rANSor TE n fl Wr£rx>2> y named robot. It has recently come to theattention of the Opinionstaff that certain members of our vast readership are not at all certainwhy the Opinion should have, in the process of finding a suitable mascot for itself, ultimately decided to settle upon the unnamedrobot that you and I both have come to know and love. The task of deciding mascot, a and choosing upon something at all even remotely specific in nature (or at least its perceived nature) was a difficult endeavor for the Opinion considering the breadth and depth of both experience and meaning that are embodied in the Opinion itself. As you may well be imagining to yourself at this point, the Opinion did not make the decision to adopt a robot as mascot at random or without considerable deliberation and arduous debate. Endless nights of fervent debate were spent in this, theOpinion's subterranean bunkerlike hovel of an office. We, the Opinion staff, ruminated and mused on this subject at great length and at, I should mention, no small measure of sacrifice of our own personal time and, arguably, mental well-being. To say that these "Mascot debates" were an obsession would be a gross understatement. The origins and significance of our robotic mascot are not an easy matter to disclose, at least in an easily digestible form to those uninitiated the Opinion and its ways... But, for those ofyou who are willing to have an open mind and are willing to make the great mental effort to grasp the sublime symbolism and mystery of the robot, this somewhat overwrought mV 1 |J it's Hfo IT ' Vouß wtf£ ■ .^7^^^I 1 I v<*l F• -? • You \W£ XovrfLD TUflGwfm S -? �volumavolumen These are the people in your neighborhood ... 8 The Locker Elite: Partick Roth, Paul Gennari, Deb Hagen Adam Perri: The Man, the Myth ...the people that you meet each day... Professor Wooten: discussing the Automatic Stay. The Western New York Chapter of the Women's Bar Association of the State of New York :&s2§fciA^ CORDIALLY INVITES YOU TO JOIN US AT OUR Annual Installation of Officers and Directors and Awards Ceremony, honoring: v/ Ginger D. Schroder, Esq. Hon. Sam Hoyt Lillian E.G. Cowan, Esq. � Installation of Officers and Directors to be performed by the Hon. William M. Skretny � Date: Thursday, September 24, 1998 � *T ¥ $ \ - - Cocfetail Reception (cask tar): 5:30 - 6:15 p.m.; Dinner (Pasta, Stirfry and Carving Stations, eack serving a variety of selections): 6:15 7:15 p.m.; Dessert and Program: 7:15 8:00 p.m.; Rick Renaissance Niagara, One West Ferry Street (corner of Niagara and West Ferry, kekind tke Broderick Park Inn), Buffalo, New York; Members: $30.00; NonMemkere: $35.00; A limited number of free tickets are availakle to lawstudents - Please contact U.B. Law Career Services Office, if you kave cruestions akout tke Dinner, please call Joy C. Trotter, Esq., Installation Dinner Ckair, at 856-4600, ext. 343. Student memberships in tke WNY Ckapter of tke Women's Bar Association are availakle! Applications may te oktained at CSO. Brief Profiles of our Honorees and President: New York State Assemblvmember Sam Hovt has represented the neighborhoods of Buffalo's Lower West Side, Black Rock-Riverside, and portions of North Buffalo, Parkside, and City's University District as well as the town of Grand Island, since 1992. Veryactive with respect to issues relating to the envirorrment urbanrevitalization, quality of life, women, children and the elderly, Sam has been a model legislator, pursuing the causes of those whose voices might otherwise go unheard. We are proud to honor Sam with our President's Award, which will be presented by the 1997 recipient, the Hon.Barbra A. Kavanaugh. Tillirm F. Geiaer Cowan. Esa. is a 1927Alumna of the University of Buffalo Law School, is in her 71 st year of the practice of law, and has no immediate plans to retire. Lillian's experience includes involvement with the social programs launched duringthe Great Depression as well as decades of private practice. She is active in a variety of women's organizations and we are glad to count on her support and inspiration; we delight in recognizing Lillian with our Achievement Award (presented by Jeanne M. Vinal, Esq.). Ginger P. Schroder, Esq. is an attorney with the Buffalo office of the national law firm of Buchanan Ingersoll, P.C., where she practices in the Labor and Employment Law Group. She is a frequent lecturer and speaker on a variety of topics, ranging from Employment Law to Marketing. Ginger has served the Western New York Chapter of the Women's Bar Association of the State of New York on both the Chapter level and on the State Board of Directors. We are honored to have Ginger assume the position of Chapter President. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 21.09.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8d875803264252a5d7e8493270f5448f.pdf a4409e30e072debc2714e892f76a9972 PDF Text Text 50 YEARS OF THE Vol. 50, Issue #4 "Vi Veri Veniversum Vzvus Vici" September 28, 1998 UB Law Human Rights Center Student-Led by S.A. Cole Editor-In-Chief "Human Rights organizations clamor for our students," said Profossor Mutua. Through a combination of innovative scholarship, stu­ dent involvement, and work all over the world, the UB Law Human Rights Center is quickly becoming an organiza­ tion of international standing. Out of their small office on the 5 1h floor of the Law School, the Center sends students to such places as Geneva, or Zimba-. bwe, while profossors travel far and wide as amba<;sadors of UB Law. The office itself serves as a library, housing numerous publications outlin­ ing opportunities for human rights work. Discussing their accom- Organization plishments, plans, and hopes for the Human Rights Center, International Law Fellow and 3L Rebecca Monck, UB Law Profossor Makua wa Mutua, and UB Profossor Claude Welch were interviewed by the Opinion on Tuesday, Sepkm­ ber 22. Professor Mutua began by explaining the various ele­ ments making the UB Law Hu­ man Rights Cenkr unique--and a kader in the field. "The first thing is our focus ...we focus on areas that aren't fully devel­ oped. Regular human rights studies look at civil and politi­ cal rights; we go beyond that, paying particular attention to social and economic rights." "The other difference is that this is a student driven or­ ganization; part of the larger on the Forefront process of animating students. There is a great emphasis on the level of student involvement." Profossor Mutua de­ scribed the dedication of UB Law students to the school's Human Rights program: "There is something distinctive about our students in that they pay for their internships them­ selves," either privately or through grant money they ap­ ply for. What does the school offer in return? "We are the only program that gives credit for this work. W-esee ourselves as distinctive." This calls for a great deal of student initiative. Rebecca Monck, the Human Rights Fel­ low for 1998-99, explained how she became involved with the Human Rights Center. "I of Human Rights Efforts approached Professor Mutua my first year, and said 'send me anywhere.' I ended up at the ICJ [International Commission of Jurists) in Geneva." Working at the ICJ, a non-governmental orga­ nization that promotes the legal protection of human rights throughout the world, changed Monck's perspective about interna­ tional Human Rights. "Af­ ter seeing the process at the !CJ first hand, I came back quite different. Once you see something for yourself, you start to think more critically about things." It is this critical per­ spective that Monck, Mutua, and Welch seemed most proud of. "You have to examine the roots and implications of the dia­ logue," said Professor Welch, an Africanist, SUNY Professor, and co-director of the Human Rights Center. When asked about the pos­ sibly divisive nature of critical per­ spectives within the Human Rights community, Welch stressed the positive. "Of course, there is al­ ways a tension between analysts and activists." But, he said, it is Criminal Law Society To Host Wechsler Moot Court ByDaveNlen Staff Reporter The University of Buffalo's Criminal Law Soci­ ety will host the inaugural Na­ tional Herbert Wechsler Moot Court Competition this coming spring. Named in honor of Herbert Wechsler, who authored the modern penal code, the competition will highlight a series of events the young organization has planned throughout the com­ ing school year. Organizers have invited schools from across the country to partici­ pate, and are awaiting re­ sponses. "We would consider it quite successful with 12 schools," said court so-chair Rick Staropoli, who expects the contest to boost UB's growing reputation for crimi­ nal law work. The contest will he the United State's only criminal law moot court competition. "There are currently two crimi­ nal procedure competitions, hut ours would he the first in criminal law," said Professor Marcus Dubber, who is guiding the event's coordination. To he held March 1920, the contest will have com­ petitors dealing with issues in­ cluding the constitutionality of federal and state criminal law states, and special interest in federal criminal code reform. Schools will be able to enter up to two teams of two or three members. "There are currently two criminal proce­ dure competi­ tions, but ours would be the first in criminal law." --Professor Marcus Dubber Prizes will be awarded for the hest overall performance, the best team brief and the top individual oralist. Second and third year .. .. . students will he eligible for the contest. "The process for choosing who's on UB's team has not yet been determined. It may or may not include an intramural competition," Staropoli said. The Buffalo Criminal Law Center is co-sponsoring the competition. The Criminal Law Society is handling most of the organization. "It is a good example of collaboration between the faculty and stu­ dents," Dubber said. Information about the comntest can be found on the Criminal law Center's website, at http://wings.buffalo.edu/ law/bclc. For further informa­ tion about the contest, call the law center at 645-3407. The Criminal Law Soci­ ety also has the following events tentatively scheduled for the 1998-99 school year: *Prosecution, defense and death penalty issue discus­ sion panels. *A tour of the Buffalo office oft he Federal Bureau of investigation. *A production of th.e Ayn Rand play The Night of January 16. Rebecca Monck, 3L, selected as the the 199899 International Human The Unive.r­ Rights Fellow. sitY,BuffaJo'~Crimi~-•.• at Lawstt]eiY n~I ·•s···· based at 8 o~Brien. c~n be .Ha\J;.. and ·:~lf~ea at645;3431.·.} only through critical analysis of human rights work that members of the community can detect progress. Thus, a critical perspec­ tive is crucial, both in the applica­ tion and development of theory. Saying "We evaluate the ef­ fectiveness of the discourse itself," Professor Mutua agreed with his colleague. "If you don't take risks, · ::··•··••(i·c,.•~i~!:: /~::••::•·::: t9?~~!9, ~~h~gt y~~r~rt/ Continued on page 3 . •.•;[9-Ch~}f .\ \Raebel 'I'rapp :-:-: ·.• Inside This Issue ... . Treasurer. Jeorge deRosas Fundraising Chairs Melinda Mcsherry Michael Arcesi Moot Court Chairs Rick Staropoli Michael Arcesi Desmond Moot Court Update ..................... 2 SBA Treasurer's Report .................... .3 Robot Rivalry! ....... .] Peter's Briefs ........ .4 SBA Candidate Statements ............ 7,8 �2 September 28 1998 Pigeon-Rats, Deans, Cartoons, Robots, and SBA If any of you watch the Simpsons, you may be fa­ miliar with an episode--one of the famous Halloween epi­ sodes--where Bart, Lisa, and baby Maggie discover a mys­ terious entity residing in their attic. Hunched, ragged, sub­ sisting on a diet of fish heads, it turns out that this mysteri­ ous figure is in fact Bart's evil twin; he has been hidden in the attic since he is, in fact (according to Dr. Hibbert) "pure evil." This evil twin de­ cides that he and Bart, born as conjoined or Siamese twins, need to be melded back to­ gether. Cornering Bart in the attic, evil twin Hugo whips out a needle and thread, intent on a reunion with his beloved brother...while Bart asks him if he knows what the hell he is doing. Hugo replies: "Of course, I know what I'm do­ ing. See, I've been practicing. Look, I made a pigeon-rat." A bird sewn to a ro­ dent, the pigeon-rat tries to fly off but thuds to the ground; trying to scurry into a hole, it thwacks into the top of the entrance. Heh. It's really a very sick scene. Ladies and Gentle­ men, welcome to my pigeon- rat editorial. You see, I have so many diverse topics to dis­ cuss this week, the only real solution is to whip out the needle and thread, and get sew­ ing. How else can one discuss Opinion funding, cartooning, the Opinion mascot, and the SBA all in the same article? First things first...the Opinion is very happy to report that, courtesy of the Adminis­ tration, this newspaper will continue to be found in your mailbox every week, bringing you news, op-ed, and cartoons. That's right, folks. In a finan­ cial bailout only shadowed by that of our impoverished friends in Russia, the Admin­ istration has stepped in to avert an Opinion Cash Flow Crisis. In the interest of full disclosure (and satisfying what is no doubt your avid curiosity re­ garding All Things Opinion), let me explain how such a thing came about. Well, basically, we didn't have any money. And then, the Deans gave us some. (!) Okay, you want more of an explanation? To put things bluntly, the Opinion costs about $6000 a year to print. Last year, as in many years past, the Opinion did not meet its advertising quota (the SBA traditionally voted over the years to "lend" us $6000, which would theoretically be replenished via advertising revenue throughout the year). So Cole, financial genius that she is, decided "hell, don't lend us the money ... give us a set amount and we'll pound the pavement to scare up the in­ come we need." The SBA voted us $1,500--an amount we didn't contest. I was confident that, through returning a week early from my summer job, and dili­ gently walking the streets of Buffalo (hey--there are no lengths I won't go to for this paper), we could raise the money we needed. Calcula­ tions indicated that two pages of advertising would provide adequate funding for each is­ sue. Now, those of you who are careful readers of the Opinion will have noticed that, witty and urbane as we might be, there ain't no way we've had two pages of advertising in any of our issues. This is the result of several factors conspiring against us: 1) The over sixty lo­ cal businesses we approached about advertising in the Opin­ ion either told us to shove off ("and take your measly 1,000copy print run with you!") or kindly informed us that any WE c;or LETTERS! Dear Editor of the Opinion,., -D-e-sm_o_n_d_M_o_o_t_C_o_u_r_t ____________ Status Report from the Judges Chair The Buffalo Moot Court Board has been busy throughout the summer, rede­ signing the Desmond Compe­ tition. With the invaluable advice, personal effort and contribution of resources by the Alumni A<;sociation and our new Faculty Advisor Pro- _, fessor Luci nd a Finley, we have been seeking to invite the beSt appellate practitioners in Western New York to judge this year's competition. This year's change of course has served two purposes. Firstly, it provides as realistic of an appellate oral argument situation for th e competitors as possible. It further broadens their professional experiences as much as Editor in Chief... ............................................... S.A. Cole Graphics and Layout Editor. ............................ Ken Grant Business Manager ............................................ Dan Baich Managing Editor !... ....................................Cindy Huang Op/Ed Editor. .................................................. Russ Klein News Editor. ........................................................... Vacant Web Editor.. ........................................... Leonard Heyman Web Editor. ...................................................... Russ Klein Photographer ..................................................... Ken Grant possible before leaving the University. Secondly, by pro­ viding a positive, intellectually challenging occasion for both the students and the practicing Bar, we are seeking to strengthen the ties between the two groups, that will hopefully last for many years to come. This is the first year that we know of in which the Moot Court Board has been a part of a conscious effort to reach out to the Western New York legal community legal community, regardless of their status as VB Law Alumni or not. The response from both the Bar and the Bench has been beyond any VB advertising they have to really believe in this school-­ do, they do with the Spectrum. that we have an excellent pro­ 2) Bar/Bri and West, gram here, with excellent fac­ who primarily supported the ulty and students. I greatly paper in the past...well, we all value the role I play in this know West has gone the way community, and the chance the of the Dodo. And, wonder of Opinion provides me to meet wonders, Bar/Bri no longer people and work with them to has any competitive incentive publicize their work and to advertise. Fancy that! This events. All that being said, it monopoly thing is a drag. wa'i important to me to make 3) The paper does sure the Opinion could con­ have an agreement with Cass tinue to function as an ever­ Communications to send us improving forum for commu­ advertising, but Cass only nication at the law school. pays its clients quarterly, and Which, through the under­ we aren't anywhere near see­ standing and concern of the ing money from them (al­ Deans, it will continue to do. though we have run a few of If this raises any con­ their ads). cerns amongst you--whether To make a long story about objectivity, or finances, short, three issues into the se­ or editorial policy--! would mester, we were anticipating appreciate a chance to hear a bank account that resembled your ideas. Thanks. a black hole. With SBA elec­ Moving on, the next tions just getting underway, topic on the operating table and no way the group would (stitch stitch stitch) is convene in time to vote us CARTOONING. As you may more funds ('cause why the have noticed, we try to present heck wouldn't they? a variety of law-and-politics Uh...that's just a rhetorical oriented cartoons in this paper, question, folks ....), the Edito­ home-grown here at VB. This rial Board of the Opinion de­ practice is one of long stand­ cided we had only one option: ing tradition at newspaper; go to the Administration hope anyone who has visited the the Deans had as much faith Opinion office has seen the in the paper as we do. All kidding aside,---......,..,--....-...---....,.....--,.._­ fellow law students, I really Editorial continued on believe in this paper. I also the top of page 3 of our expectations. This should be an incredibly re­ warding year for competitors and judges alike. The Competition will run Monday through Saturday, October 26th through the 31st. Preliminary rounds will be held in O'Brian Hall; those teams advancing will argue in Erie County Hall, 92 Franklin Street, in downtown Buffalo. Again, our thanks to Professor Finley and the Alumni A<;so­ ciation. Terrence McNamara, lL Judges Chair Moot Court Board Staff: News Reporter. ................................................. Dave Allen News Reporter .............................................. Peter DeWind Columnist. ................................................... Howard Beyer Columnist/Chauffer. ..................................... Gabe Di Maio Columnist. ...................................................... Randy Janis Columnist.. .............................................. Katie McDowell Columnist. ..................................................... Peter Nicely Columnist. ....................................................... Adam Perri This week, 3L Deb Hagen expressed her dis­ tress over the choice of a nameless robot as the mas­ cot for the Opinion. In­ spired by the Lyrics below (submitted hy Deb) her suggestion for a new mas­ cot for the paper is pic­ tured fighting the Opinion robot for dominion of the mascot domain. Smashing Pumpkin~ Bullet wit~ Butterfly Wings Tot! world is a vam pin:, sent to drain secret destroyers, hold you up 10 the tlames and what do I g"I, for my pain betrayed desires, and a piec" of lhegam• even though I know - I suppose I'll show all my cool and cold - like old joh despite all my rage I am still just a rat in a cagl.! now I'm naked, nothing hul an animal hut you can fake ii, for just one mort!show The Opinion, SUNY al Buffalo Amherst campus, 7 John Lord O'Brian Hall, Bulialo, New York 14260, (716) 645-2147, is puhlished weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of lhe Stale University of New York School of Law. Copyright 1998 hy the Opinion, SBA. Any reproduction of materials herein is strictly prohihited without lhe express consent of the Editor-In.Chief and piece writer. and what do you want, I want lo change and whal have you got when you feel the same and though I know - I suppose 1•11 show and my cool and cold-like old job despile all my rage I am sti!l just a rat ma cage Suhmission deadlines for all articles are every Wedne.~daypreceding puhlication (if it's on disk, you can push it lo layout lime on Thursday ...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfecl 5.1; please enclo~e printed copy for safety's sake. Write your hox number on your disk if you wanl il returned. The Opinion is printed al the Buffalo Newspre.~s. While the Opinion will not print lihelous or anonymous material, all suhmissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of lhe UB Law community (sludenl~, facully, staff, alumni). The Opinion in no way endorses the viewpoinL~ of iL~various columnisL~ and contributors. Considering lhal the Opinion isn't actually a senttenl heing, it also doesn't think there's anything wrong with any viewpoint expressed in this puhlicalion. Vi Veri Veniver.mm Vivus Vici. "We have a First Amendment and we know how lo use it." ..,. then someone will say what is lost Cc:10never he saved despite all my rag• I am still just a rat in a cage tell me I'm the only one tell m• there's no other one Jesuswas an only son tell me 1'm the chosen one Jesus was an only son for you despite all my rage I am still just a rdl in a Cc:1ge and I slill believe that I cannot he sav"d :. �3 Volume 50, Issue 4 Treasurer's Report Editorial Continues .... Welcome back to UB. Our first SBA meeting is Wednesday, October 7th. Elections for class directors are September 28th and 29th. Please come out and vote for the best candidates. Interested 2L's in being a class director should see Andrew Zakrocki, SBA Parliamentarian. The treasurer meet­ ing went well and the turnout was great last week. For all those clubs who were unable to make it to that meeting, you need to set up an individual meeting before your budget goes into effect. If any clubs are hav­ ing upcoming events, fundraisers, or need to be re­ imbursed, feel free to stop hy during my office hours, which are Tuesday and Thursday. 12:30--2:30. All the clubs seem very enthusiastic about the upcoming year, and we en­ courage all student to get in­ volved and find out more about the various SBA ap­ proved clubs. Upcoming events American Tri a I LawyersAssociation (ATLA) is having a meetingon Tues­ day, September 29, Room 212 at 4:30, for all who are inter­ ested--including I L's--to learn more about what goes on in the courtroom, and to be able to compete in the tournament in February. Boston University School of Law Softball Tour­ nament on Columbus Day Weekend, October 10th and 11th. To find out more about registration fees and who to contact come and see someone in SBA or check the green bulletin board outside the SBA Office. All clubs who are have a meeting would like pub­ lished here, just slip us a note and we will include it in our column. Other Issues Recently, there has been a concern about the cleanli­ ness of the bathrooms. We have tried to address this is­ sue, and if you still feel the bathrooms are poor, please let us know so we can report it to the administration. Clubs need to hand in the fixed asset inventory if Continued from page 1 hard working human- rights activists. "Lech Walansa, Vaclev Havel--they were Hu­ man Rights activists. The events in Eastern and Central Europe were a Human Rights revolution." Mutua then noted the tendency of many to view the struggle for human rights in the United States a'>somehow separate from the international efforts the Human Rights Cen­ ter is a part of. Pointing out that the international human rights movement is a matter of "the Universal whole," Mutua said: "If you take a course in this Jaw school that deals with equality, even if it focuses ex­ clusively on the US, that is a human rights course. We have to stop treating America as distinct." Pointing to the multina­ tional cooperation of the hu­ man rights movement, Mutua indicated the diverse editorial advisory hoard of the UB Hu­ man Rights Law Review. He also explained the prestige and status of the hoard members in the international Human Rights community, stating "the Human Rights Law Review is our flagship publication. When this journal goes out, it gives us a name to go with it." He said that the journal "is a sign ofus being is contact with major currents of change in the Human Rights world." The most recent edition in terms of your scholarship, you quickly become irrelevant in this field." The risks currently un­ dertaken by scholars at UB in­ clude exploring questions of Human Rights and ethnicity, and Human Rights and gender. According to Mutua, "the paradigmatic," or traditional, perspective has "gotten old," whereas issues of ethnicity and gender are "the cutting edge." The socio-economic plays a big part in this new, critical perspective, too. "How can you give somebody the right to vote, if they don't have enough to eat?" asked Monck, citing an example of simple economics getting in the way of simple human rights. "How can the vote if they don't have enough energy to go to the polls?" Or, as Professor Welch put it, "What comes first--the right to vote, or breakfast'!" Questions such as these are being posed in all areas of the field, even as the interna­ tional human rights movement is seeing success all over the world. "The magnitude of this project is enormous," said Pro­ fessor Mutua. He then cited the recent events in Eastern and Central Europe, and South Africa, as tremendous victories for human rights, victories achieved not by the work of government, hut of dedicated, cartoons that festoon our walls, rescued from the news­ paper files of the '70's and 80's. While our artists gen­ erally make up their own ideas, we are always open to suggestions from our class­ mates at to cartoon ideas. Also, I would love to have a few new cartoonist~ contribut­ ing to the paper. Remember, folks: when it comes to cartooning, an inability to draw isn't a problem, it's the makings of a distinct look. Next. It seems that some people have taken um­ brage to our darling Opinion mascot, the Unnamed Robot. In fact, this issue of the news­ paper brings you a suggestion from a 3L as to what a more appropriate ma<;cotwould be. It looks like the debate might get heated .... So, if you could do us a favor, and keep in mind that every member of the UB Law community might soon he called upon to contribute to the discussion as to what the mascot should be, that would be appreciated. Symbols. Sym­ bols are very important. And lastly ... of some more immediate rel­ evance to all of you, a pe­ rusal of the paper will re­ veal that this is the SBA candidate issue. There is really no mild way to put this, so maybe irony will help: 2L's and 3L's, where are you? Five candidates between the two of you? There better be some write-ins. For those of you who were on SBA last year, and have chosen not to run again (particularly those of you who ran for E-Board positions, yet aren't running for office ...where's my candy and Jetter opener now, huh?), we at the Opinion would he intrigued to hear why you are no longer in­ terested in the organiza- tion. Believe me, 1 understand your reasons could both be le­ gion and valid. Speaking as the reporter who covered all SBA meetings for this paper two years ago, I can attest to how boring and horrifyingly point­ less an SBA meeting can be. HOWEVER, this year's E-Board is a conglomer­ ate of genuinely competent, re­ alistic people (and believe me, they get to deal with the Opin­ ion on a variety of levels, espe­ cially the Treasurer). So, uperclassmen, if you 're thinking about being a write-in candidate, give it a shot. You might get something accomplished this year (But Cole, why don't you run? Objectivity, baby, objec­ tivity.). Okay, this editorial has become horrifically conjoined. Thanks for reading the Opinion; bring your submissions down to the basement, box 27, or track down and tackle the Opinion Editor of your choice. S.A. Cole Editor-in-Chief 1-----------------------------------• your dub has a computer, etc, ASAP. IIIIIIIII11111111111 lB • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • -..,_ __ ___, ~---• •• Bleep. • • • • • FIIEIJIH I IIIIIIIIIIIITIJlTFITll••••••••••••••••••••••••••••••••••••••••••••••••• Betsey Snyder, 2L Treasurer Student Bar Association of the journal contains articles about "accounting for the pa<;t" in South Africa, an examina­ tion of social rights and eco­ nomic development, and a dis­ cussion of female circumcision and how it should be grounds for asylum in the United States. The first article in this fourth volume of the journal is writ­ ten by Honorable Abdullah Omar, "one of the icons of the movement," said Mutua. Going forth into the Hu­ man.Rights community as an emissary of UB Law is one of the roles Professor Mutua plays as he travels the world lecturing and organizing. When on the road, he creates opportunities for UB students, "You hold people for ransom at those conferences to use your students." UB students repay the favor by doing excel­ lent work and "leaving a legacy" wherever they go, said Mutua. The Human Rights Cen­ ter is working this year to pro­ vide even more resources for students. Aside from the vo­ luminous library of interna­ tional Human Rights opportu­ nities housed in the office, the Center's website [http:// wings.buffalo.edu/soc-sci/po/­ sci!hr] will soon be linked to numerous Human Rights websites. The Center will he conducting numerous discus­ sions and lectures. A grant writing campaign is underway, to secure funding for future in- ternships. Even more impor­ tant, however, is the incli­ vidual counseling the Cen­ ter will provide to law stu­ dents--lL's, 2L's and 3L's alike--who are interested in obtaining internships in the Human Rights field. "We will work with students to help them fig­ ure out what kind of work they would like to do," said Monck. "Some people want to work in in­ stitutes. Some want to he in the field. We counsel students to help them de­ termine what would suit them best, and then we give them the resources to find their own opportuni­ ties. That way, they can later help others to locate what type of work they might want to do." Language, Monck stressed, is not an absolute barrier, although it does help. She also mentioned that an intern should at least he willing to make an effort to speak the lan­ guage of those they are working with. "Before I left for the ICJ, I was lis­ tening to French tapes all the time, trying to learn. People appreciate it if you try--and you should never assume that everyone speaks English." Monck said that in­ terested students can find t-r--.--.- • : •• • t' ,. ::.... • ...,.,,.,, . ..,..,.................. ,,,.,, • :,:,,,,,.,,~:,: ::? • • her 'in the Human Rights Center, Room 523, on Mondays and Wednesdays from the hours of 102, or they can call the office at 6456184 to make an appointment. The Human Rights Center is looking for new interns to send out into the world this year, and is always seek­ ing volunteers to a<;sistwith lec­ tures, lunches, publicity, and re­ source organization. Have you traveled abroad to do human rights work? The Opin­ ion would love to print your story and photos. Share your experience with fellow students! The Human Rights Center is looking for a new wehmaster to upgrade and maintain its website. Inter­ ested? Call x6184 to talk about getting involved. On Tuesday, October 6, 1-2:30, in the Faculty Lounge, the Human Rights Center is hosting a brown bag lunch and International Human Rights discussion with VirginiaLeery. �4 September 28, 1998 "Granny's Advisor" This placed the Bar members in the sticky position of being The New York State liable for meeting the duty to Bar's efforts to permanently provide clients with legal ad­ enjo"in enforcement of the vice as to their options. "Granny's Advisor Goes to Attorney General Jail" law have been successful. Janet Reno agreed with the The Bar hrought its first ever Bar's concerns and announced law suit in order to argue that in March the Justice Depart­ this law curtails free speech ment would not enforce or de­ rights and punishes lawyers for fend this law. They further complying with their ethical contended this action rendered duties. This week, U.S. Dis­ the Bar's suit moot as no one trict Court Judge Thomas J. was suffering under it. The McAvoy agreed and struck Bar, however, persisted in their down the law. suit out of concern this law The "Granny's Advi­ could be prosecuted at some sor" law was enacted in an at­ future point. Further, the Bar tempt to force wealthy indi­ argued its members have an viduals to pay for their own obligation to follow the law medical care instead of using regardless of whether it is be­ publicly funded Medicaid ben­ ing actively prosecuted or not. efits. It addressed the concern Justice McAvoy's ruling re­ that individuals who possess moves that threat for the time the resources to pay for their being. The Justice Depart­ own care may nonetheless ment has not decided whether qualify for Medicaid benefits it will appeal the ruling. hy hiding their assets from scrutiny. Parental Rights Originally, it was the Valerie Emerson has act of shielding assets which prevailed in her claim that she was to he sanctioned. The fo­ may refuse AIDS treatment for cus, however, shifted from the her four year old son. Ms. Medicaid applicant to the Emerson, who has the AIDS applicant's advisor. The final virus, has passed it on to two version punished the act of of her four children. She has providing lawful advice on refused AZT treatment for how to accomplish asset four year old Nikolas after the shielding despite the fact the other child, a three year old action of shielding was legal. girl, died while on the drug Law HISTORY REPEATS ITSELF ... ? Test your Presidential Knowledge 1. Which president smoked marijuana with a nude playgirl while he joked ahoul heing too wasted to "push the hutton" in case of nuclear attack? 2. Which president allegedly had affairs with hoth a winner of AND a fi­ nalist in the Miss America pageant? 3. Which president made love to one of his sec­ retaries stretched out atop a desk in the Oval Office? 4. Which president allegedly had an affair (as well as children) with a slave who was his wife's ha! f-sister? 7. Which future president wrote love let­ ters to his neighbor's wife while he was en­ gaged to someone else'! regimen. Though the drug may extend a victim's life, Ms. Emerson believes the side ef­ fects do not outweigh any such benefit. The Maine Depart­ ment of Human Services, which had sought custody of the child, argued that refusing treatments placed the child's life at risk. Maine Judge Dou­ glas Clapp determined the treatment's henefit is suffi­ ciently speculative that refus­ ing treatment does not consti­ tute abuse. Parental Wrongs Though even George Wallace recanted his puhlic stereotyping in the end, it has, sadly, not gone entirely away. Chicago Juvenile Court Judge Fe Fernandez determined that a Sicilian man who allegedly fondled his children had not ahused them hecause such con­ duct is acceptable in Sicilian culture. The man wa<;charged with pinching his 10 year old daughter's hreasts and hehind. Further, he was reported to have done the same to his 8 year old son's genitals. Judge Fernandez de­ termined these actions were not committed for the man's sexual pleasure and were ac­ ceptable ways to show affec­ tion in the Italian culture in which the man had heen raised. 12. Which future presi­ dent, while a college student, loved showing off his man­ hood (which he named Jumho'')'! ••••••••••••••• 8. Which president had a torrid affair with the first lady's personal secretary? 9. Which president made love to a young woman in a White House coat closet--at one point, while a secret service agent prevented the hys­ terical first lady from at­ tacking them'! 5. Which president called his mistress "Pookie'"! IO.Which presi­ dent made love in a closet while telling his lo_ver ahout the other president who made love in a closet (the one in Question 9)'? 6. Which president married a woman who hadn't yet divorced her first husband and was hranded an "adulterer" during his reelection campaign. 11. Which vice president was cheesed off hecause he felt his record of sexual conquests was more impres­ sive than the president's? NOSNHOf "8 NOCTNA1:·zr NOSNHOf "8 NOCTNKI . II ACT3NN3)! "tlNHOf ·or ONIUMVH ·o N3}HIVJ\\ "6 .L1:3A3SQQ}I ·a Nll:)INV}ltl ·s NO.LDNIHSVM 30}1030 "l NOSNHOf M3}1CTNV·9 NO.LNI1:::)1:1:18 -~ NQS}l3tltl3f SVWOH.L ·p NOSNHOf "8 NOCTNA1::£ NO.LNI1:::)1:1:18 ·z ACT3NN3)! "tlNHOf ·r ••••••••••••••• More Cultural Stereo­ types The Second Circuit Court of Appeals has deter­ mined the military's "Don't Ask, Don't Tell" policy does not violate six soldiers' Con­ stitutional rights. The deci­ sion, which overrules a lower court's opinion to the oppo­ site, opines the courts should exercise deference to military policies affecting troop readi­ ness. The decision defers to military claims that prohibi­ tion of homosexuals has a positive affect on troop mo­ rale. Jail Birds Banned The U. S Court of Appeals has upheld a U. S. Bureau of Prisons ban on por­ nographic materials. The Bu­ reau was acting under a law which hans the use of puhlic funds to distribute sexually explicit materials. To achieve this goal, the Bureau devel­ oped a definition of sexually explicit which included porno­ graphic magazines. Three prisoners subsequently sued the Bureau after heing denied access to materials including Penthouse and Playhoy. Sev­ eral excluded publishers also hrought suit. The Court found the han serves legitimate prison interests. The prison demonstrated that rnhahilita­ tion is served by avoiding the aggressive effects of porno­ graphic materials. While find­ ing that the terms of the ban are not overbroad the case has been returned lo a lower court to determine if it is overly vague. Bankruptcy Overhaul Both the Congress and Senate have pa<;sed mea­ sures which affect the process ofhankruptcy. Both mea<;ures address the helief that too many individuals are declaring bankruptcy under the rela­ tively lenient terms of Chap­ ter 7. The measures aim to channel those with an ahility to repay deht into the less for­ giving Chapter 13 proceedings which restructures deht instead of discharging it. The Senate hill would force those who can repay 30 percent of their deht within three years into Chap­ ter 13. The House hill focuses on a means test with those who earn at or ahove the national mean household income chan­ neled into Chapter 13. The House bill also includes a pro­ vision to prevents forgiveness of credit card deht accrued in the 90 days hefore declaring bankruptcy. SBA ELECTIONS ARE ON SEP­ TEMBER 28 AND 29. DON'T FORGET TO VOTE. THE OPINION IS STILL LOOKING FOR STAFFERS TO CONTRIBUTE REGU­ LARLY. IF YOU ARE IN­ TERESTED IN JOINING, STICK A NOTE IN BOX 27 OR 95, OR EMAIL US AT RKLEIN@ACSU~UFFALO.EDU, OR HUNT US DOWN. �5 Volume 50, Issue 4 'l'IIE SPO'l'tl'l'E PllESEN'l'S: 'l'IIE El'OI.U'l'ION01~ IIUHANIUND by Russ "the human" Klein Drive to Benefit Of Victims H urr1cane Georges ~ Labor and Employment Law Association By Theresa Merrill Are you intt:rested in meeting and nt:tworking with local attorneys, union, and government practitioners in the field of Jahor and employ­ ment Jaw? Do you want to support labor and improve the condition of workers in West­ ern NewYork?The Labor and Employment Law Association (LELA) welcome to our group all Jaw students, faculty, ad­ ministration and others at the university with an interest in the field of labor and employ­ ment Jaw. Since its founding in 1992 LELA has provided stu­ dents with contacts in the la­ bor community for purposes of job recruitment and devel­ opment. The group centralizes information about careers in labor and employment Jaw-­ information often not readily available to students-- and fa­ cilitates the securing of intern­ ships and permanent positions in the field. Students with an interest in alternative dispute resolution, union organizing and position with federal and state labor boards, for ex­ ample, benefit from LELA's resources. This semester LELA will host a conference, fundraisers, and meetings with labor practitioners from local Jaw firms, government agencies and union organizing departments. LELA's primary activities include: -- conducting ground breaking, interdisciplinary· conference, "Fighting Sweat­ shops, Fighting for Ourselves" for the Spring Semester. -- Co-sponsorship of an internship scholarship with a labor organization. -- Participation and at­ tendance at local labor-related events. -- Hosting of lectures and debates concerning current and proposed legislation deal­ ing with labor and employment law (such as the National La­ hor Relations Act and New York State labor Jaw). Topics of importance to organized and unorganized workers are dis­ cussed, such a<; contingent low wage work issues. -- Lobbying to ensure a broad spectrum of course of­ ferings in the field of labor and employment law at the Law School. -- Screenings of docu­ mentaries and movies devoted to labor themes. Il'L-/.: \t:)('' Clothing . {),'>11 For more information about membership and activi­ ties, please contact Theresa Merrill(Box 123) or Joane Wong (Box 203). Translation Of Our Latin Motto: Don't blame us, our layout 8UY/photo8rapher 8ot sick last week ...8et well soon, Ken. Law school stu­ dents are being asked to help local efforts to do­ nate clothing to be shipped to Puerto Rico to help families devastated by the recent hurricane. Workers at the Comstock plant in the nearby town of Oakfield, several of who are natives of Puerto Rico, are col­ lecting clothing to send down the U.S. territory. The hurricane has left many-residents and fami­ lies there homeless, with­ out basic necessities. Law school stu­ dent Dave Allen is coor­ dinating a collection at the law school to supple­ ment Comstock's efforts. "My youngest daughter's godfather is from Puerto Rico. His family and a lot of his friends have lost a lot," Allen said. The clothing items will be mailed to Puerto Rico during the next couple of weeks. A collection site will be identified and publicized early this week. /tb(cf;D / (.O(J>JS6U.o (<_• Ttt,O.lf(. Yoo/ ..JVf«>R#- 11..You <Atv c,.o_ F~E'AI<. �6 September 28, 1998 off arms to the side we are sup­ porting. This was a blunder in Bosnia, and we must not pre­ vent people from defending themselves. Many people may not realize it, but we are talking about the birthplace of some huge conflicts. Gustav Princip, the man who shot Archduke Ferdinand and in a THE NARCHIST -(E)- by Russ Klein -(A)- WAR, WAR, EVERYWHERE sense precipitated World War ---------------------------------------------- A Forgotten War fight Serbia to a stalemate. Bosnia erupted into a blood­ When I went to Ot­ bath of a civil war with much tawa this spring break (yes, I outside assistance from Serbia/ Yugoslavia. A couple of years chose the coldest place on the eastern half of the continent to later, the rest of the world ac­ take my spring break at), I de­ tually noticed that this war wa'> going on, and decided to inter­ cided that among other things, I would take a tour of the Ca­ vene, and we ended up with the Dayton Peace Agreement nadian Parliament Building. which effectively brought the So I walked across the Portage Bridge from Hull, Quebec (to bulk of the war to an end. make a long story short, I While Slobadon Milosevic and Radovan Karadzic were walked everywhere because branded mass murderers and both Hull and Ottawa were awful cities to drive a car in, genocidal maniacs, in the end we negotiated the agreement so I decided to talk every­ with Milosevic, and we ac­ where, despite the frigid tem­ cepted that Karadzic for now peratures), and checked out would walk free. Ottawa. Where does Kosovo As soon as I arrived stand? Kosovo is a small re­ at the Parliament, I was greeted by approximately 500 gion of Serbia within Yugosla­ people holding signs and flags. via. Its ethnic makeup is ap­ proximately 90 percent Alba­ At first I could not understand what they were chanting, nor nian, though the Serbian popu­ lation of Kosovo, which makes did I recognize the unusual flags they were flying. As I up less than 10 percent of the got closer, I realized that they whole of Kosovo, completely control the army, police, and all were chanting "FREE FREE essential functions of the gov­ KOSOVO." ernment. Most people in this The situation in country probably do not know about places like Kosovo (I Kosovo began to come to a imagine that this is a guess I head during the extended Bosnia conflict. Much like the can make based on those polls rest of Yugoslavia, Kosovo that show that obscene per­ wanted its independence (only centages of Americans cannot locate America on a map, or Serbia and one very small prov­ ince called Montenegro re­ do not really know where their mained with Yugoslavia). state is located). For those Much like when the rest of who do not know what is go­ ing on, Yugoslavia split apart· Yugoslavia decided to dissolve several years ago, resulting in the union, Serbia was opposed. The problem with Kosovo is a series of wars. Slovenia, that they are not exactly a prov­ being the furthest from Serbia ince. They are a part of Serbia (which chose to remain and itself, and more like an autono­ dominate Yugoslavia), man­ mous region (similar to aged to escape much of any conflict. Croatia managed to. Chechnya's relationship with Russia). Although the Serbian population is statistically small in Kosovo, they have the sup­ port of the Serbian province behind them. Albania on the other hand is (A) not exactly a wealthy nation, and (B) cross­ ing the border would appear to be an outright invasion of Serbia -- one that (A) that they would not be likely to win, and (B) that would draw world condemnation. So for many years, the situation in Kosovo has been allowed to fester, with Albania apprehensive and not acting, the Serbs supporting their brethren in Kosovo, and the US and the rest of the world pretending that nothing was going on because, after all, there is not a heck of a lot of oil in the Balkans. The US and the world received a rude awakening re­ cently, as the Yugoslav army began an outright offensive into Kosovo, moving tanks and artillery into position, destroy­ ing villages, and forcing thou­ sands to flee into the hills. Suddenly, with the specter of homes being destroyed, the US had to react. The UN had to speak up. The UN gave one of its scary threats. 'Stop or face intervention." Now I will re­ mind you that the UN and the US did the same thing during the Bosnia conflict - these 'helpful folk' decided that the way to stop the Bosnian civil war was to cut off the flow of arms into the country. Only problem was that the Serbians had all the military equipment because they controlled the army, and the Bosnians had very little. As a result, the side we were trying to protect was utterly destroyed. What will the UN/ world do now? NATO has a<;kedits members to list what troops and equipment they would commit to an operation. Today, on NPR, it was reported that NATO was telling their members to prepare for air strikes. This is a tough spot to be in if you are a pacifist. But there is a saying that goes "just because you are a paci­ fist doesn't mean you have to be passive." Regardless of your views, unless you are of a suicidal pacifism bent, every­ one has the right to defend themselves. War is wrong, hut try telling that to a person liv­ ing under the yoke of tyranni­ cal repression. Try telling a person who is living with the threat of starvation, disease, torture and death that Gandhi's passive resistance is the way to go. I have not totally re­ solved this in my head yet, ex­ cept to say that the Serbians who are running the show in the former Yugoslavia, particu­ larly Milosevic, do not seem to have much of a problem with genocide (the most disgusting modern euphemism ever cre­ ated was the term "ethnic cleansing"). We are talking about people who already have a track record for murder and destruction. Is there anything the US government (and the UN) can do that I could support'? At the very least, the world com­ munity must not make the same gross mistake of cutting 1At:S£f'llsf£'R. :c~\JELL UNOE/lwiY ME.'1N W»IL£,1.U'R.NE-D f\.P4D i.f We.f'~ND ~WO 5-fA_LW/{~-rl>flTTLE- 'v.Jf. flf\.'/ ~ \. ~ iLs [N<:rtl~t1> ~~ 'trez-o~o~s 'DE.S'rE1\<\:f£ L'I' ~t:.£ \(-r N G'l)E.13~•€0'4(.R.. lE.'1/{L 1£.1<-M!"NOL°"Y ... .,f "l'i,SL~M4s.WH~rs <.\{roR£ 1)!t.£~7 • ' -:( 5 NT f-("J'.tL-:t1"'-rL£5N'\'-"- 1~(\ $(1. 'Jf, ON ~ -i'~f\'< fl-(fA.NC..Y"Pf\R,~E~! Vou M£tn -rHir<G-5.r--rLcD1\1 ~ C.(N f':!Lt\ You.N£f..:PTttrNG-Sr '1tED! C.fWFllX.~ ~E./{Ll 'r'!Olt,&oD, £ J""u.s'fH-i:REME! ~t<~'P e ~# :!Iii LOJt I was a Bosnian Serb. There have been a number of bloody Balkan wars this century. That is why the Balkans is often re­ ferred to as a powder keg. The very least that can be done though is to be aware of what is going on. Milosevic should not be able to act unchecked, and we should not assist him in doing so. Yet Another War Reports over the last few weeks indicate that Iran and Afghanistan are massing troops on each other's borders. The recent dispute arises out of the Taliban (the religious army of sorts that controls Af­ ghanistan now) ma<;sacre in a village that left many Iranian diplomats and one Iranian journalist dead. The real root of the problem is that the Ira­ ni an Clerics and Afghan Taliban are religiously op­ posed (Sunni versus Shia .. .I am not sure which is which, so I do not wish to embarrass .myself with mislabeling) to one another. The news, as usual, was slow to report this poten­ tial conflict brewing. Now that it has, many people have taken the attitude of "who cares of the radical oppressive Taliban ·and the terroristic radical op­ pressive Iranian Clerics beat up on each other?" Unfortu­ nately such a simplistic view ignores the stark reality that while the masses slaughter each other on the battle fields and in the cities, the heads of the Taliban and Iran will sit back and continue to live the good life while ordering death. Such goes life in the world though, I guess. aL'.s,or tou'R.SE;,fttE :r~ 1H£ Cot-t~oR."ffljLE. "iDNE..of KNow!"N~ 'WH'11s(;rQTl\iC:r 0~, 'iE. r S,:r\..\.. ]E. 'i"N&- OVE.~ ~ "/EJ{.R..f\wf{'t ti.Or-\'1t-(E.K€ ftL."'oRLD . �7 Volume 50, Issue 4 T 6~,.. ~e.,t / Led( HUE., t'\R.(.•A,U\RC.14:rSf{ / -:C\-\A\I~4-,0.~~-<::r:oN• ~N '1~ f o '(AK~ \X / AN AN({tlC",:~ ~loiLD, ,JOU..., (' i1' ~N'\AINf~iS W\H\-r \JoUlD "A{'\)£.1-'1'"0 ttAfOF"'v ~ e:,o-n,'! o "01. ~~ c..4~ '(oot-41S i:> ~Lrf ··· 0 1)(J,o~ )C~~D-r<olZ. 'it LR1":roNS? NO ¾ 1:--t-5 O l7y iov.5 -th '1. w , r h ff\Oder- f'I c,""pit~\iSr ove.,.,th rown, tl,e. ~ oJern 0 ..,.. 1"Qt \,_;"\\ ' . . ---------------'~ /1/ fJ;~i~-4~~ t / v,:~ / . sysrb'VI ,( "IJ>' - 'L(.L..T£F1 i~¼ ~ ~ / w ii ( /Yl•••-'lf of' or; enteJ i:i) 1/Yi If the. . . '.:;~.~ ~ 1 !.. I J i.51Lf~""-'1 oY rrc. reJ it cc._ d f' ,a~ /e.,vi; • • • f\NI) 1'~(H lil~f{T?(l MO»£RN'' 1/, % 1~u(r.S w:n.Lca"" KNoc..KfNC.­ Ot-l o\.J~ Do oR~ l>E.~U\W.PJ~~ fll'lOll&ftHDON (l-r::foN1o --PAY off Ol{~ 1,n.1.S~('f«l "' LOCAL- l'tlNf\1'-CttoMtti-r.,.. 'f001> 5 l\ oPff..'? ¼, 1 5o -- £.t-l? ;<Jl)e_:h,<l 5 y5-fe,,.,, f ('I\Uc...h roOM 0 c; w,/,,., }:{ !::,, Iii()\:+ 1 1111•■■111111td~!~~ fa~U■ilt~~t~r;.~ IL Dave Allen for SBA Representative Dave submitted a candidate statment, but it was unavailable for printing at the time the Opinion was put together. Larry Kelley for Student Bar Association Third Year Representative 1999 is clearly in my sights. But at the moment I wish to nominate myself as Third Year Representative. I like people and I am very proud to be a UB law student. My peer group is the brightest and the best. I will pledge to build cooperation between us and the New York legal community. We are the future guardians of the legal system in this fine State and other states in our Nation. The law is a feeling, a responsibility and the rock that our way of life must maintain with dignity and energy. I will take this Representatives' assignment with the same seriousness as my degree. From one future attorney to another, thank you for your support. Larry Kelley. - �8 September 28, 1998 * Volume 50, Issue 4 Choose or Lose! Stephen Coolbaugh: I'm Stephen Coolbaugh, and I would like to be your 1st Year Student Bar A~sociation Rep­ resentative. I've recently had the opportunity to introduce myself to many of you. But, let me lake this opportunity to talk a little about the position or 1st Year Student Bar A~sociation Representative. A~ a student who has never allended UB before, I'm learning each day about what studenL~ ap­ preciate, and about what can be done to help improve our law school environment. Learning, lL Jennifer Fields, Learning Will be a Top Priority therefore, will be a top priority for me as a 1st Year Representative -­ learning fellow studenL~'concerns, learning how to work with the Dean's office, and learning how to achieve resulL~for the law school community as a whole. Only by being fully receptive to your ideas and concerns can I best represent the interests of first year students in the Student Bar Association. Finally, as a student origi­ nally from Rochester, I recognize some of the difficulties that non­ traditional and commuting studenl~ Interested in Community The first year of law school can haftle even the brightest person. As lL's it is important to know people who will listen to your concerns and help you find effective solutions. I believe that my prior experience as;a represen­ tative and my past experi­ ences, including employment at another law school, make me a competent candidate for the position of student har rep­ resentative. I am an approach­ able person who genuinely cares ahout others and I have experience with law student concerns. As a representative I would like to initiate some community service projects for our class and their families. Some project idea<;are: com­ munity walk-runs, volunteer services such as Habitat for Humanity, and other projects decided hy lL's. If we are more active in the community, we not only give our cla<;sand our school a good name, hut Vincent Hardworking, Gregory: I want the opportu­ nity to he your cla<;srepresen­ tative because I am hardworking, dedicated, and above all, I care. My exten­ sive history at the University of Buffalo through various departments, hoth in an edu­ cation and student-oriented setting, will only contribute to the role of class representative. Furthermore, I am the type of individual that goes the extra face. What can the law school do lo make your life a bit easier? I intend to provide a specific voice for the concerns and ideas of UB's non-tradi­ tional and commuting law stu­ dents. If some or all of my thoughts resonate with you, then cast a vole next week for Stephen Coolbaugh. Once again, I'm Stephen Coolbaugh, and I would like to be your 1st Year Student Bar A~sociation Representative. we also meet possible fu­ ture clients and employers. Community service is also a way for us to get our fami­ lies or significant others involved with UB Law. If you want someone who will listen to you and help to make our class a memo­ rable one then please vote "Jennifer Fields" for stu­ dent har representative. Coliacovo My name is Emilio Colaiacovo and I want to he your First Year Representative. Experience in public service is nothing new for me. Though I graduated from a small lib­ eral arts college in Erie, Penn­ sylvania, we too had our prob­ lems. As a student govern­ ment executive board memher and advocate, 1worked hard to huild a consensus to sole the difficulties that faced the stu­ dent population. Though it was at times difficult, it was Wants· to Represent very rewarding to help those who needed their problems addressed. I hope that you will afford me the same opportu­ nity to huild a cohesive and strong student hody that will effectively articulate our con­ cerns, our problems, and our goals. Together, we can ac­ complish a lot. Whether you believe we need helter facility access, longer hook store hours or greater opportunities for commuters, I believe that we can all work on making UB Erin Pemberton member fondly. I served in student government in undergrad, I was a student senator for four years and was also senior class treasurer as well as a member and presi­ dent of many school organiza­ tions. I would like to hring that experience to this school. I would appreciate your giving me the opportunity to serve you. Thank you. Requests Your Vote Caring system which enables all of us to utilize each other, the University and Western NY to the fullest potential. It has heen stated that an attorney should pos­ sess three characteristics, honesty, integrity, and com­ munity. I possess all three and I ask you, may I please have your vote as your rep­ resentative. Vincent S. Gregory ----------------------------------•I Emilio Hi, my name is Mary R. Snyder and I am running for Stu­ dent Bar Association Represen­ tative. I am a lL, and am in sec­ tion B. I hope to be ahle to unite sections U and B so we can all get to know each other and can help each other through the problems we are all experienc­ ing as "first years." I feel that law school should he a time that we will look back on and re- Jennifer Fields Box 374 Dedicated, mile for my colleagues. My experiences within the City of Buffalo and Wester New York will further add to the role of class repre­ sentative in reaching beyond the law school and UB itself. Two goals I would like to pursue as representative are 1) looking into 24 access with ID swipe card to law li­ brary as in other schools. 2) Creating a class networking Service Vote Mary Snyder to Bring Down the Walls and Unite Sec­ tions U and B You, IL Law School a better place. Like many of you, I came to UB Law School with high hopes an grand aspi­ rations for not only my fu­ ture, hut for the future of my fellow students who would be one day practitio­ ners in the field of law. As we continue our journey to­ gether, 1 hope that you will place your trust in me to serve your interests and fight for what you believe is right. Hello fellow 1L<;, my name is Erin Pemberton and I am requesting your vote for class representative of the Student Bar A<;sociation. I want to voice your issues and emich the law school experience for all of us. Here are a few reasons to consider me as your represen­ tative: I have always heen in­ volved in my neighborhood, communityandworkplace.lam a registered nurse and have worked in clinical, managerial, administrative, and consulting positions. My work experience has given me the opportunity to care for people of all ages, so­ cioeconomic cla'ises, and diverse cultures. I have served on many committees hoth a<;chairperson and division representative. I volunteer in my community and previously sat on a community hoard to assist victims of crime. I hold a Master of Science in Nursing Administration degree from St. John Fisher College in Rochester, N.Y. and a Bachelor of Science in Nursing degree from Webster University of St. Louis, MO. My professional affiliations include: Sigma Theta Tau International Honor Society of Nursing, American Nursing A-;sociation, Associa­ tion of Operating Room Nurses, New York State Nurses A-;sociation, Genesee Valley Nurses Association, and law student memberships in the American Bar Association and New York State Bar Associa­ tion. I enjoy program de­ velopment and heing involved with those around me. Now I would like to focus on our law school community hy repre­ senting our cla-;s. Thank you for your consideration. I More on Page 7!!! I I 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/64f17f4ad29bef54752f402f388851e0.pdf a5be6c3df3c0ff3f7e1f7095594db003 PDF Text Text UB Law School's "Preeminent" Student Publication wings.buffalo, edu IlawI opinion The Only News You Need £ Cost: 5.05, t.lO Canada (just kidding) I 3 50 ! OPINION I YEARS OF THE OPINION :'■:■•:■:■:■: *■■ mm Vol 50, Issue #5 "Vi Veri Veniversum Vivus Vici" is iii: October 5, 1998 SBA Elections; 18 New Representatives 19 9 8.. .th c year by Russ Klein The Student Bar Association held its elections for class representative on Monday, September 28, and Tuesday, September 29. The winners are: Third Year Representa- tives: Lorie Pedrrin, Cindy Huang, Larry Kelly, Rebecca Monck, Michael Bordera, and Deb Hagen. Second Year Representa- of the Writ c■ tives: David Polak, Hanh Nguygen, Megan Herstek, Sandra Fuller, David Hawkins, and Jenny Lancaster. Turing a turnout of just over 1/3, this year's elections also featured a total of 7 students capturing their positions via write-in voting. First Year Representa- The class with the tives: Erin Pemberton, Jennifer Fields, Vincent Gregory, Jonathan Duncan, Mary Snyder, and Jennifer Farrell. highest turnout was the first year class, with 110 students participating, and winner According to SBA's tallies, 237 students participated in the elections, which saw candidates winning positions with The second year saw a turnout of only 61 class students, with only two listed candidates on the ballot for as little as 4 votes. Besides fea- Continued on page 3 vote totals ranging from a high of 67 to a low of 44. Student Bar Association Treasurer Elizabeth Snyder talks about balancing the books at the SBA By S.A. Cole Editor-in-Chief Following last year's tempestuous Student Bar Association Executive Board elections, then 1L Elizabeth Snyder was named Treasurer of the SBA. Keeping the SBA finances in order over the summer, Snyder hit the ground running, and has little time off from her SBA duties since. "I put in approximately 30 hours a week," said Snyder in an interview with the Opinion. "I'm dealing with thirty clubs. I need to stay sharp, and follow up on issues, to make sure documentation and otherpaperwork is getting " with various problems that needed to be dealt with at the time. Since the budget ends on July 31st, things had to be closed up and completed. The BPILP summer fellowships were seven individual payments that needed to go through, and lots ofpaperwork and phone calls to follow up on issues was necessary." weeks." done." Because ofthe extensive paper trails needed to keep the SBAs finances in order, Snyder is careful to make sure everything is done in advance and rigorously monitored. "Club leaders this year are very enthusiastic, and doing lots of events. If they plan their events in advance, and the SBA does theirpart in getting the paperwork through, everyone's job is much easier." Experience over the summer, cleaning up issues remaining from the Spring semester, taught Snyder the importance of staying on top of the voluminous paperwork. "There were invoices, phone bills, and clubs help Snyder. "Tonya and myself rotate and come to Bufwould to attend to these issues, falo so no one was ignored," said Snyder. With the semester now well under way, the SBA is intricately involved with the activities being planned by various groups at the law school. "Clubs and I try to make sure the paperwork goes through the process of getting encumbered, and getting the eboard's signatures. We then bring the paperwork to student life, and then to Subßoard—a process that takes about two to 2L Elizabeth Snyder, Student Bar Association Treasurer. The work over the summer was complicated by Snyder's summer job, which was in her hometown of Utica, NY. The three hour drive from Utica restricted Snyder's ability to work in the SBA office, and newly elected SBA President Tonya Guzman pitched in Regarding Subßoard I, the school's not-for-profit funding organization, Snyder said, "I was not aware of their existence last year, but I certainly am this year." This familiarity is the result of Subßoard's involvement in every level of the funding process at the University. "Subßoard has many forms and procedures which I had to become very familiar with over the summer. The book they have talks about so many things—from buying a computer, to how to deposit money into a club's accounts." For students getting reimbursed, Snyder's regular Continued on page 3 In Candidate? 3L Votes Lorie Perrin 44 Cindy Huang 39 Larry Kelly 35 Rebecca Monck 20 Michael Bordera 10 Deb Hagen 4 2L Votes David Polak 43 Hanh Nguygen 34 Megan Herstek 15 Sandra Fuller - 7 David Hawkins -7 Jenny Lancaster 6 1LVotes Erin Pemberton 67 Jennifer Fields 62 Vincent Gregory - 59 Jonathan Duncan 50 Mary Snyder 48 Jennifer Farrell - 44 - - - (66 3Ls voted) - - - - (61 2Ls voted) - - - (no iv voted) Supreme Court Begins Term Today The United States Supreme Court convenes today, opening the 1998-99 term. 57 cases are on the new system is relying on the "right to travel" clause ofArticle I of the Constitution. d Wyoming v. Houghton, the Court will decide docket. whether police searches of perIn the sexual harassment arena, the Court sonal belongings in cars stopped will being hearing Davis v. for traffic violations are constiMonroe Country Board of tutional. The case involved a Education (No. 97-843). A drug possession charge based on case emerging from the pubnarcotics found in the purse of a lic school system of Macon, woman in a care stopped for speeding. The conviction of the GA, Davis raises the question of school system liabil- woman was overturned by the ity under Federal law when Wyoming Supreme Court. one student harasses another. The appeal is being brought by the mother of a girl who was harassed for over three months, while repeated entreaties for relief brought no response from the teacher. Last year, the Federal appeals courtruled that the law did not apply. Also in the Supreme Court spotlight this term is welfare; the Court will hear arguments regarding special limits onthe welfare benefits of new residents in the case Anderson v. Roe fNo. 98-97). Coming out of California, the case involves the state's twotier system of welfare that limits benefits in the first 12 months of new residency. The argument criticizing the Inside This Issue ... Future Shock. 2 Russ Maines, Calliope in disguise? His poetry is on 2,3 Images in Male Triumphant Return....4 Howie Beyer, God of Punk? 4 Anarchist Enemy? 6 Cole loves Bar/Bri! 6 Gabe goes shopping. 8 New Cartoonists! 8 �2 October 5, 1998 Cole's Editorial: How the Future Will Leave You Without Fingertips This week, The New print stuff sure is going to reYork Times ran a story about quire a lot of deep, pithy emerging "fingerprint chip" thought on my part. " Yeah, right. The last technology. The fingerprint time the American people put chip is an identifications device about the size of a nickel, a lot of deep, pithy thought into and it will soon replace many the boxing match of Conveof the world's keys, passnience versus Compromised words, and swipe cards. It is Autonomy, farmers were still due to debut on office buildrioting in Massachusetts about ing entrances and computer "those bastards in Philadelaccounts sometimearound the phia" trying to tax their whiskey. We surrendered our aubeginning of the new year. tonomy to the quest for a faster Tom Rowley, the inventor of the "fingerprint burger and a higher credit ratchip," was quoted as saying ing a long time ago. So,' the profundity "We're going to change the way people live." The*story posed by The New York Times then went on to explore the has fallen flat in it's attempt to ramifications of life in This tell me what aspect of the dire Modern World—how handy it "fingerprint chip" dilemma to worry about. However, I have will be to have instant, personfound something in the entire access to comalized one's or on one "digital security" area that puter, car, office, the hand, versus what a bummer pains me. It involves the cenit will be when a government, enemy, or stalker uses the digital trail of your fingerprint readings to track your every move. The article ended on a profound note. Mentioning that Mr. Rowley was the inventor of voice mail, which Rowley has admitted can be "a real pain," the writer pointed out that "the social stakes this time around are a lot higher." Meaning: think about the toll the use of voice mail has taken on your soul! Think about the further tax fingerprint technology will impose upon that same, fragile aspect of your immortal being! At which point, I suspect, the reader was supposed to gently let the New York Times slip from his fingers, while thinking: "My God, he's right. Thisfinger- tral theme of the new identification technologies: the use of a human body part to verify that someone is who they say they are. Every new ID technique seems to involve some part of your body: Retina Scan: use of lights to trace the unique pattern formed by the rods and cones in the retina. Vocal testing: analyzing the timbre of the voice. Profile Scan: checking the facial profile of a person. Fingerprint chip: god, don't tell me you forgot what it was already'! I'm sure there are more (I let my subscription to Paranoid's Quarterly lapse, and now I have to read about these things in the Times), but I trust four are enough to make my point. Body parts are becoming the genetically encrypted security codes ofthe world. The new keys and passwords to our lives will be the parts and appendages we're born with. I find this disturbing. Oh, not for privacy reasons...because anyone who really wants to trace your every move can already do so, no matter what kind of a Luddite you are. Privacy has nothing WE GOT POETRY! How Not to Get a Job Offer - by Russ Maines We (Me, and a Murder of Lawyers) on a big boat on Lake Lanier, Drinking Swimmingly When I ejaculate: "Why is it that most of you guys Are as dorky-looking as me Yet just about every one of you Has a beautiful wife?" to do with it. Keeping my eyes, fingertips, and various other identifiable body parts is definitely a part of my reasoning, however. What? Well, envision this: "Is that her, Hugo? The one with all those law books?" "Yeah... that's the one. Heh. That boss--he's always right. He said we 'd find her skipping class." "Heh-hch. Yeah. People who skip class don't actually have souls, isn 't that right, Hugo? Sorta makes me If it had been a Western, The music would've stopped. And of course there were lady lawyers present And wives, too Who might have felt somewhat Alienated by my question. David, a partner, piped up: "Russell, that is just one of the Trappings of Money and Power." And that seemed to lift the pall. And the Fun resumed. feel betterabout what we have to do to her. " they "Yeah. The scum. She deserves to have her Westlaw account access raided." "Yeah." [Pause] "50...d0 you want to be the one to rip off her fingertip, or shall I?" It could happen! Westlaw access is worth a lot! And I'm sure my fingertip would, if stored properly, last at least long enough to download the Starr Report (at least, the naughty bits). And don't think they couldn't do same thing with your eyes. Or, for that matter, your throat (although I bet a tape recorder and some duct tape could have the same effect, with a lot less hassle). So, it's not that, if you're going to complain, you should also have an alternative plan in mind. It doesn't have to be a great plan, it just has to show you're willing to play the for the game. So, in the interest of sanctity of my privacy, but game-playing, here's my plan rather for the solidarity of my for new, keyless security body, that I get a little leery technology: about new identification Aside from our technology. corporeality, the other This being said, I'm identifiable aspect of a person not one of those people who is, of course, their personality. criticize a thing, and then Scores of tests exist for smugly wait for the next personality identification; the concept open to criticism to Meyers-Briggs personality come along. I firmly believe profile test is just one example ofwhat I'm talking about. The Staff: Editor in Chief S.A. Cole game Scruples is another. Ken Grant News Reporter Dave Allen Graphics and Layout Editor I like the idea of News Reporter Peter DeWind Business Manager Dan Baich testing an individual's Managing Editor I Cindy Huang intellectual prowess and Howard Beyer Columnist personality as a gauge for their Gabe DiMaio Columnist/Chauffer Russ Klein Op/Ed Editor actual identity. In my future Randy Janis News Editor Vacant Columnist instead of fingerprints world, Web Editor Leonard Hey man Columnist Katie McDowell and laser beams, voice Columnist Peter Nicely Web Editor Russ Klein analyzers and digital readout, Ken Grant Columnist Adam Perri Photographer a person trying to use a credit The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is puhlished card or an e-mail account weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of would be confronted with a Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the tests and challenges that only Editor-in-Chief and piece writer. that individual could answer properly. Submission deadlinesfor all articles are everyWednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no For low-security should be later that 6:00 PM, please). Submissions saved in IBMWordperfectS.l; please enclose printed copy for safety's sake. Write your situations, the simple Scruples box number on your disk if you want it returned. The Opinion is printed at theBuffalo Newspress. question could be utilized. shall be You and your partner While the Opinion will not print libelous or anonymous material, all submissions printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (.students, faculty, staff, alumni). are vacationing on a small The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't thinkthere's anything wrong with any viewpoint expressed in this publication. VS Veri Veniversum Vivus Vwi. "We have a First Amendment and we know how to use it." Due to it's small size, theboat you are on shifts with every yacht with two other couples. Continued on page 3 �Volume 50, Issue 5 SBA TihmaBAeT noGyot rouble Russ Maines Last year Anne and I got this Boneheaded Stupidass Idea to participate in the Tax Moot Court Competition. The whole idea was that It would enable us to Avoid other responsibilities But the thing caused plenty of needless Expense and Anxiety For both of us. First Monday Video: HUMAN RIGHTS, AMERICAN WRONGS- 11:30 am, 1:00pm, 4:30pm, room 213. This feature film, produced by two-time Academy Award™ winning filmmaker Barbara Kopple, will explore key issues raised by UDHR-highlighting the elimination of due process safeguards which threatens the rights of both immigrants and death row prisoners. This First Monday film will inspire you. Three screenings are scheduled. Select one that best fits your availability. Example: LUNCH I had blown off Much of the Researching and Writing Until a few days before the Brief was due, and of course I had been Trying to avoid Anne as much as Possible because Deadlines tend to make her Very jittery. Brown BagLunch- Tuesday October 6, 1998, 1:00 pm- 2:00 pm, room 545- an informal opportunity to talk with Professor Leary about international work and careers. Current students who recently completed international summer internships will join them. They know you have class, so feel free to arrive when you can and leave when you must. Professor Leary is looking forward to meeting Buffalo students. If nothing else, just stop by to join the conversation. So one afternoon She leaves a message on the Machine: Russell, let's talk. I'm starting to Freak out about this thing. Erin got to the Machine before I did And when I came home that Evening there was hell to pay and no chicken ready. WHO IS THIS ANNE?? WHAT IS GOING ON? DID YOU GET THIS WOMAN PREGNANT? YOU GOT THIS WOMAN PREGNANT, DIDN'T YOU? WHAT IS GOING ON? And so on. I'm like What? Calm down You're scaring the cats. Erin played the message back for me. So I explained that Anne was justfreaking out Editorial: Fingertips... Continued from page 2 make. During the night, you and your partner become amorous. Do you "rock the boat?"* Potential answers, offered in multiple choice form, would be tailored to accommodate the various identifiable personality types. Since this challenge would be relatively easy, such tests would only be used for photocopier accounts, or opening your briefcase. Enough variety would be offered to make coincidental misidentification virtually impossible. For higher security situations (say, being a highly priced call girl for Pentagon officials...and don't tell me it doesn't happen, either), the vast American tradition of standardized testing would be movement you called upon. Using high school and SAT test results to track the verbal and mathematical prowess of citizens, high-security areas would confront would-be entrants with challenges like: Click (whirr....) Welcome, Citizen, to the ■our Pentagon. Please state your name, and then compose a in sonnet the Shakespearian form. Your topic in the lachrimonious paradox of nature as joy. You have minutes. fifteen [Fifteen minute pause] Excellent. FILM Your sense of the ephemeral remains as acute as it was in Eighth grade. Thank you, and enjoy your stay. To start your car, you will have to recite the PUBLIC INTEREST There will be an Orientation Meeting for all new Buffalo Public InterestLaw Journal Clerks on Thursday, October 15, 1998 at 3:00 pm in room 603. Please note that if you are unable to come precisely at 3:00 pm, the meeting will continue for about an hour or slightly less. So come even if you come late. If you can't make it for the meeting at all, please get in touch Ken Grant with (ksgrant@acsu.bufflao.edu) or Mindy Marranca (mlms@acsu.buffalo.edu) sometime before Thursday, October 15. names of the first three people you ever had a crush on. To balance your checkbook, a brief recitation of your most the context of them being the leader of my nation. So there's my for new proposal embarrassing moment would identification technology. For lawyers, I believe such be in order. As a side benefit, a practice would keep us at security measures such as this the top of our game. [Before entering would work at the early the court for trial] "Hello. detection of, say...mentally-noquite-so-fit-for-business Please tell us about the people being in the White Rule Against Perpetuities commencing House. before "Thank you for entrance into the Court choosing to activate a nuclear House." "Uh...." warhead Mr. President. Now, Exactly. before we commence, please for Thanks just finish the following the this phrases: 1) Bedtime f0r...?" reading Opinion week; all submissions will "Uh...hmm...." "Well, let's try number be accepted, regardless of security clearance. 2) Win one for the...?" "Uh...hey, Nancy..." -S.A. Cole See? The benefits are limitless. Editor-in-Chief And remember folks, when I make jokes about people not being able to *Actual Scruples remember things like, well, question. What a classy almost everything, it's only in game. Elections... Continued from page 1 the six open positions. The voting ranged from a high of 43 to a low of 6 for the winners. The third year class saw a turnout of 66, with three listed candiates on the ballot for the six open positions. The voting ranged from a high of 44 to a low of 4 for the winners. Betsey Snyder, SBA Treasurer, expressed concern about the low voter turnout, pointing out that "people want to know where their fees go, but don't turn out" for these elections. While stating that the turnout should have been better, she didexpress appreciation for those who did cast their vote. One 3L said that "its a shame that more people couldn't take the SBA elections more seriously." She added that "the SBA controls our money, people shouldbe more concerned about where it goes." The official vote totals are on the front page. Voting is good. Treasurer... Continued from page 1 contact with Subßoard is helpful in getting their money promptly returned, a process that usually takes two weeks. "I try to get reimbursements done in three day, so that people get their money as soon as they can. I realize if it was me, I would want the same care and concern. We're all law students—so we aren't exactly rich yet." Snyder puts in her 30 hours a week because "I am proud to be at ÜB, and I want to do my part in making our experience here that much bet- ter." Other activities of the SBA that Snyder is involved with include: a biweekly report of SBA activities in the Opinion, four hours of office hours a week (Tuesdays/Thursdays 12:30-2:30). Addressing the popular notion that SBA is just a bank for the various law school groups to balance their accounts at, Snyder said, "we are here for all student—not justthe organized clubs. We really want to hear from everyone. SBA is more than a bank. We need feedback." SBA meetings are every other Wednesday, starting this week, on October 8. 3 �October 5, 1998 4 ImM agesin ale Punk Rock Music: A Matter of Technique By Adam Perri The author of Images in Male resumes the task of transcribing the wanderings ofhis depraved imagination. He devotes his columns to the several wonderful women who have expressed fondness for his work and exhibited eagerness to read more of his work this year. In his Occasional articles this year, he intends to remain faithful to his Muse, and to those readers alarmed by the idea offurther Images in Male, he offers the advice of the Narrator in the in the Miller's Prologue: And therefore, whoso list it not y-heere Turn over the leef and chese another tale. 1 fer the evils Now we suf- of long peace. Extravagance, a fiercer enemy than any armed foe, has taken us by assault, exacting vengeance for a conquered world. lican pater familiasl The history and the literature of the late Republic and early Empire tell of a different sort of Roman: Trimalchio, the arrogant, vulgar, and gluttonous plutocrat4 ; the sexcrazed Ascyltus, scion of an Equestrian family, who taunts a boy he is raping at knife point with the comment "if you would play Lucretia, you have found yourTarquin" 5; a later Regulus, this time a father who spoils and indulges his son and encourages the boy's ex- cess so the boy's rakish life will terminate more quickly, and the father can then claim his son's maternal inheritance. 6 Among the most depraved creatures of the late Republic was the wealthy and priapic Mamurra, a toady of Julius Caesar who was held up to eternal ridicule as "mentula"7 in poem XCIV of Catullus: Mentula moechatur. Moechatur mentula? Certe. / Hoc est quod dicunt: ispa olera olla legit. 8 How did theseed of and Cato, Scipio, Cincinnatus fall so low? In assessing their own history, Romans ascribed thevirtues their early heroes displayed to the virtues inherent in agrarian labor. In assessing their own history, Romans ascribed the virtue their early heroes displayed to the character honed by the rig- ors of agricultural labor and -JUVENAL 6, 292f.2 The decline in Ro- man Republican institutions found its roots in the decline in the quality of Roman manhood. The early Republic provided numerous examples of manhood marked by martial vigor, personal virtue, and self-denial in the service of civic institutions that tran- scend the self: Brutus the first Consul, sentencing his sons to death for plotting with the enemies of the nascent Roman state; the general Regulus, keeping his promise so scrupulously that doing so required his return to captivity in Carthage to face death by torture; Cato the Elder, deliberating by day in the corridors of power, and contenting him- self by night with the shelter of a dirt-floored shack and the sustenance of a baked turnip.' At the time of Rome's rise, the Senate consisted of men so stalwart that its members refused peace with Hannibal even as they mourned the city's tens of thousands of deadand endured the taunts of Cartheginian troops within sight of the Roman walls. Perhaps the greatest testament to Roman virtue was the unwavering loyalty the city in- spired in its Italian allies, even though loyalty earned these allies only devastation during Hannibal's unchecked ram- page through the Italian peninsula. What sort of men were the descendants of the staunch and dauntless Repub- tempered by constant warfare. Agrarian labor facilitated stability of character, which engendered modera- tion in appetite, and fortitude in war. The staid Roman character was the factor that enabled the Roman state to conquer its competitors, and commentators identified the lack of a similar character as the decisive failing of Rome's enemies, especially seafaring peoples. As Scipio remarked, "maritime cities are prone to a certain moral degeneration, for they receive a mixture of strange languages and customs, and import foreign ways as well as foreign merchandise; so that none of their ancestral institutions could possibly remain unchanged....Many things, too, that cause ruin to states as being incitements to luxury are imported by sea". 9 Soon after its conquests, however, Rome would begin to resemble the maritimecities it had vanquished. Hordes of foreign slaves, merchants, and emissaries would inhabit its walls, and farmers from the Italian countryside, displaced by enormous grain plantations worked by foreign slaves, would drift to the metropo- lis to lose themselves in riot and sense-numbing spectacle. Yet, the change in that ascendency possible. Idle urban citizens, unused to work, unthreatened by war, turned a flaccid sneer at their austere and disciplined ancestors. 1. GEOFFREYCHAUCER, THE CANTERBURY TALES, A SELECTION, 164 (Donald Howard cd., Signet 1969). 2. Quoted in J.P.V.D. BALSDON, ROMANS AND ALIENS 5 (1979). 3. Women of the period also exhibited remarkable virtue. The examples of Lucretia and Virginia, who preferred death to dishonor, have evoked admiration into the modern age. 4. PETRONIUS, SATYRICON 5. Id. 6. PLINY, Ep. I 9, quoted in JEROME CARCOPINO, DAILYLIFE IN ANCIENTROME, 79 (E.O. Lorimer trans., Yale 1940). 7. Literally "the penis", or "the prick". 8. DANIEL H. GARRISON, THE STUDENT'S CATULLUS 80 (1989). One of the joys of the translator's craft is the chance to experience the work of other translators. Sometimes, translations of the same work can be remarkably various. Four English translations of the Catullus XCIV fol- low, some more vivid than others: Stuffing, O'Toole naturally with his tool: stuffs The stewpot stews in its own mess. THE POEMS OF CATULLUS 206 (Peter Whigham trans., U.Cal. 1969). Dickie-boy Trill loves somebody's wife O somebody's wife loves Dick Which is just so (as who doesn 't know) As to say that a sticker willprick. GAIUS VALERIUS CATULLUS: THE COMPLETE POETRY 109 (Frank G>pley trans., Michigan 1957). Cockfornicates. "Wliat, a fornicating cock?" Why yes. "Well, as they say, the pot picks its own potherbs" CATULLUS 207 (G.P. Goold trans., Duckworth 1983). Prickface fucks. Really? Sure. He's a fucking prick. SELECTED POEMS OF CATULLUS 94 (Car! Sesar trans., Mason & Lipscomb 1974). Ordinarily, the author or Images in Male would ask the reader's forgiveness for employing such coarse language in his article, but in a nation where our President can't deny doing things in our White House naughtier than Catullus describes, an apology for such language would be gratuitous and disingenuous. Regardless, the poem of Catullus means that Mentula (the historical Mamurra) is so depraved that he devotes as little thought to fornicating as a pot does to cooking vegetables. (3L M. S.M. take note!) social setting does not ex- plain fully the degeneration of the character of Roman manhood. The ascendency of the Roman state coincided with an assault on the ancestral Roman values that made By Howard Beyer 9. CICERO, DE REPUBLICA 2,4,7 (C.W. Keyes trans.), quoted in J.P.V.D. BALSDON, ROMANS AND ALIENS 10 (1979). The other day, as I was doing some hard thinking about life, I came to a startling conclusion. Seeing as I felt there was a need to fill some space in this fine publication, I figured I would share this new found knowledge with you, the devoted reader. Please bear with me for this has nothing to do with much of anything (i.e. if you're looking for any sort of profound dissertation, this isn't the place to go). As of late I have had a few "musical" discussions, ranging from the fictitious mastering of instruments, to the social ramifications of particular genres. As can be expected of such conversations, the topic of punk music makes its way into these talks. What type of music is more uplifting to an entire generation and holds the cure to our social ills better then Punk? This I will not try to answer here. Instead this article will focus on what makes punk what it is (there is no hope for you if you're still expecting something good and continue on). A quick listen to any album can give one a genpunk eral feel for some of the elements of the music. Ask most people to describe its characteristics and you'll most likely get answers ranging from screaming lyrics of a social nature to thirty-one second, three-chord songs. While this is all true (well, maybe a few songs are long and use more, or less, harmony) this is not what makes Punk what it is. Any "good" rock tune will have screaming vocals (mostly of a social nature) and will employ three chords. In fact, most types of music will do this very same thing (ever listen to opera?). What sets Punk apart from the rest ofits commercial (and noncommercial) competitors is the recording studio; the lost element in all music. Truth be told, nobody gives engineers much credit for their work even thought their efforts produce at least 75% of the "sound" we hear. It is the intentional techniques of Punk engineers that give this style most ofits characteristic feel and sound. Musicians are able to do a lot with the modern technology found in a recording studio. Most music heard today is entirely "doped" up; that is the sound you hear has been synthesized away from its natural sounding state. Most popular music is nothing withoutthe "doping" efforts of studio engineers. A good example is the band Smashing Pumpkins. When they record their songs, they use (I believe a conservative estimate would be) 40-50 tracks just to get their guitar sound (I forget the real number of tracks they use; I think it is more, actually). This means the guitar track is played 40-50 times, over and over, to get a new sound that a guitar isn't capable of producing. In addition, the signal (the unamplified sound) is then run through compressors and processors to mold the sound and conform it to the standards of modern commercial music. All the other instruments of a band are done in the same way. Drums usually occupy 10-20 tracks (one track, many times, per drum) and they too are "doped" up to soundbetter. A lot of time is put into this process (called post-production), and this makes most music sound like it does. Punk, on the other hand, lacks most of this. Most may not be able to put their finger on it, but the "sound" punk is able to achieve is equivalent to a garage band using dad's taperecorder Okay, so it's better then that, but it is a far cry from the 100+ channel, multitracked production of most commercial music. Recording punk is a relatively simpleprocess; set up a few microphones, mix the sound down (so you can hear the anarchistic messages) and hit the record button. That's aboutit. I may have over simplified things a bit, but this is essentially what it takes to record a Punk album. All of this, I may add, is very intentional and adds to the flavor of the genre. In short, the production (or lack ot) is what makes Punk what it is. For those ofyou who . were expecting more, you were warned. However you now know the expertise of studio engineers are vastly overlooked by us in our day-to-day dealings. What really makes a band what it is are, in a big way, those who record the band or sit behind the board at live shows. If you take a punk album and, keeping all other elementsthe same, postproduce it (put reverb on the vocals, gated the drums, etc.) you are left with, well, Greenday (not punk). The power engineers have make a profound impact on the music they record. What makes the music sound like the "music" depends on what it is they do, or don't do, to it. This is what sets Punk aside from all other music. �Volume 50, Issue 5 5 TIT H MrMT I I' * H MM Aill **���• � soeeßHetoes cortheMileniqm!! Tw fXN TALENTED LAW STUDENTS TOPERFORM XIJT THff RESURRECTED oF |L7i o Mnufpwitt< his &avel - 1 HONORED TRADITION (WHICH HAS BEEN LYING FALLOW FOR ONLY ABOUT FIVE YEARS) (AND WHICH THEY STILL DO AT HARVARD). (THIS IS NOT ABOUT KEEPING UP WITH THE JONSES...ITS ABOUT BEING BETTER THAN THEM.) TALK TO COLE IN THE OPINION OFFICE ABOUT SIGNING UP TO PERFORM!!! (or e-mail rklein#acsu.buffalo.edu) / ©/ Circles to Change Name \ \ \L/ op f L ' ■ LJ L/" htS [t+\<y*s\ ——\ \ r V?s3\ <L'it I rf- , Vr // === ~*^-~ @&tv- of s \e*t * ,/" I Wk \ Con A s^Ls^~X^ £T r! Ai(&\p' * // \ 4i V^r J j-- wMfj-r should frgoufr -ruiNCTf fjL Mm yne*fr<*> b«^ ?l~kc£ 11 //j/7 ' k> kooK «.ob Pr»n *v«rl-P»-pi» ?•*•»->)"«) Ta wA R 6TflewoßlD : fr*ef r-?') I^^P^C^oot^^^^~ —_J_^~^ Hrs ySJ \ y op] a^hc* J' '\ J\ | sew* f«s «««ricer.., \J X / /-A \ ' 7 /X/^ \ ( " / ,ir*y I I N—-J ; "y IF YOU CAN SING, DANCE, TELL JOKES, RECITE BAD POETRY, BRIEF A CASE IN lAMBIC PENTAMETER, PLAY ACCORDIAN, DO STUPID PET TRICKS, OR ANY OTHER VAGUELY EXTROVERTED ACTIVITY, THEN TALK TO THE OPINION ABOUT PARTICIPATING IN THIS \ U x j-^to^ re§CT . ' »M WiFM &i Lh W // Jjgßifff/) ooopoooo \ Think: don't drive your car on the sidewalk." c • dad dcx/iic Dfll\ l\ L VUC I WO,L p l I2SST w 4 v^e IL most a 1 I �October 5, 1998 6 with them. Scary to think, but this type of stuff goes on all the time, either out in public (such as this open letter), or behind closed doors. Either way, it THE should not be tolerated, and should be countered at all cor- ANARCHIST ners. Finally, the advertise-(E)- by Russ Klein -(A)- publican party is "the dirtiest THE ENEMY OF MY ENEMY IS MY... ENEMY? Sometimes, when flipping through the newspaper, I will find something that catches my eye. It happens to all of us. A strange advertisement. A curious headline. An unusual picture. So it did not come as any surprise when the following paid advertisement was pointed out to me: The Barfield Open Letter to Ken Starr and the UngodlyRepublican Party. The piece occured in the New York Times, on Wednesday, September 30, 1998. As a nonRepublican (and non-Democrat), I felt an immidiate need to read this little advertisement. The letter is signed by a Reverend John J. Barfield 111, who says he is the Chairman of the National Black Clergy Network, as well as the Chairman of the Commission on Justice and Polity of the National Baptist Convention, USA, INC. (please note, the quotes I present below are word-for-word, and not altered. This includes all spelling and punctuation errors.). I would like to analyse this particular advertisement for this column...it is proofthat sometimes "the enemy of my enemy" is not "my friend." The advertisement as a letter basically supported Clinton and lambasted the Republican Party. Please allow me to quote: "The Republican tell, 'hate blacks.' I do not deny that there are those in the Republican Party and conservative circles who are in fact hard core racists. The fact that a person like David Duke was ALMOST successful in his run for governor of Louisianna shows what lurks out there (Duke ran against a convicted criminal...l do not remember the exact result, but it was not 99% - l%...Duke did unrea- Party and Ken Starr have with the advertisement. . stooped so low they need a step ladder to climb to hell and they need an elevator to get to a snail'sback." Another interest- ing quote was "Reagan gave us six economic depressions. ." and "The new code word for hating blacks isconservatism." I consider myself neither a Republican nor a Democrat, and neither a conservative nor liberal. Yet strangely, I have conservative friends. None of them, as far as I can . sonably well). But anyway, on Playing the Race & Religion Card Perhaps the strongest indictment of this advertisement is located in the middle: "Ninety percent of black Americans support Clinton. Trying to find a legitimate black to speak against Clinton is like trying to find a chicken with lips." Those are strong words. One thing that those playing a racial card try to do right off the bat is demonize those withintheir own particular race. After all, if a Klansman is saying "whites and blacks cannot ever get along" and I point out plenty of examples on an individual level where whites and blacks — withoutthe scourge of governments and movements pushing them one way or another — get along just fine, white racists will label the whites with derogatory terms as "mudsharks" or "black-lovers" and a black racist would label the blacks as "Uncle Toms" or an "Oreo." Racism of all kinds is a blight on society, but it is in- teresting how the above, notso-subtle form ofracism sometimes gets left out when it comes to criticism of racism. It is equally as offensive, slighting the other race, while also attacking anyone who dares to have something to do My MPRE Application ? The Bar/Bri Ate It. By SA. Cole How to Brief a Case: Cole v. Bar/Bri an act of stealing. It is even posISSUE: Two weeks ago, Bar/ sible that such larceny was an act offalse imprisonment (of innocent Bri took all of the MPRE appliMPRE applications which, under cations out of the Admissions/Financial Aid office on the third duress, were forced to agree to being given away under the ausfloor. Distribution of these purtook pices of the evil Bar/Bri). And loined applications then the table. even though the theft was perpeat Bar/Bri place Responding to scrawled trated with the tacit approval of signs on chalk boards reading those working in the Financial Aid/ "2L's and 3L's! Have you taken Admissions office, the documents the MPRE? Get your application in that office are actually the propat the Bar/Bri table today!", law erly of all of us here at UB Law, so the bodysnatching that was enstudents clamored to get the apacted upon the documents was an plications. The supply was exhausted after a lew hours. Is the act of removing applications from the office that supply them, and then passing them out under the guise of generosity on the part of your own organization, somehow morally trated an act of unethical, morally repugnant, and demonic sin upon us all. CONCLUSION: By fronting us part of the funds for the student lounge, or even by purchasing ad space in the Opinion, the vast monopoly organization known as Bar/Bri did not purchase the right to steal and lie to the students of UB Law. In fact, by virtue of their monopoly status, Bar/Bri has an ethical duly to be a beacon of morality. Falling in line with other monopolies convince me that they're harassing me about signing up for a bar course because they really want me to pass the bar (guess what, guys: you're not fooling anyone). And I hate the fact that, having commendably made themselves number one in the bar review arena, they now lack the grace, the class, the goddam morality to resist petty larceny and bullshit lying, and treat me like a fool. Thank you, Bar/Bri. Thank you for oh-so-kindly giving me back what I owned in the first place. Shall I bend over a shady? RULE: Stealing is wrong. Lying is wrong. Stealing applications, and misrepresenting the source of thatwhich you have stolen, is wrong. APPLICATION: On Tuesday, September 22, 1998, covert operatives from the Bar/Bri organization entered the Admissions/Financial Aid office on the third floor of O'Brien Hall. Finding there an unguarded slack of Multistate Professional Responsibility Exam applications, these bar review-allied terrorists heisled the applications, smuggling them two floors down to the Bar/Bri table that rents space on our first floor. This heist, and the smuggling that proceeded it, was affront to us all. That was wrong. To add insult to injury, however, the barreview highwaymen who infiltrate our school ona weekly basis then turned around— and proceeded to give us back our own property while pretending it was theirs! Playing on the fears of 2L's and 3L's about to have their ethics measured on a standardized test, the fiendsof Bar/Bri eternally compromised their own ethics by misrepresenting the source of the MPRE applications—and "giving" the documents to students who, in fact, already owned them! Such misrepresentation, which is the most delicate way to characterize this action, is wrong. Therefore, by both steallying, and Bar/Bri has perpeing, ment informs us that the Re- across the country, however, Bar/ Bri has chosen the short, sharp route to corporate evil. At first glance, such an act, and my harsh chastisementof such an act, may seem petty and trivial. After all, we had to get the applications somewhere. As Marie in Admissions put it, "Well, as long as they were going to the students, I don't care." Marie is a much nicer person than me. I make no bones about it: I HATE BAR/BRI. I hate the fact that they can rent out space to harass us, and have been doing so since our first days at the law school. I hate the fact that this bar organization turns my fellow law students into pushy, annoying salesmen— salesmen who try to little more, or is this angle okay for an entity ofyour great, imposing monopoly status to continue giving me the shaft? Next timeyou try to gel away with something like this, you better bring more grease, because the friction from this latest stunt has left me raw. By the way, I'd rather you gave me a black eye than my MPRE application form; something tells me you'd jinx my chances at passing an exam about ethics. I got my application last week at the Financial Aid office, which ordered new ones to replace the forms you removed...and fortunately I got there before any more of your "plumbers" showed up to take those, too. party since Moses crossed the Red Sea." A subtle attack on Jews? An outright attack on Jews? It is interesting that the few people I showedthis to did not comment on this right away. Race Relations To say that race relations in theUS or the world are good would be a mistake. Though hard to imagine, slavery ended in the United States only 133 years ago, and slavelike treatments under the guise of convict leasing went on much longer after that. You can tell in the attitudes of people that there are still whiteswho will cross the street if a gToup of young black men are on the corner, and there are blacks who would rather not deal with majority white police. So while things may be improving, there are still a multitude problems that need to be addressed one way or another. So, you ask me, where DO we stand, racially speaking? To say that we have got "a long way to go" would be an understatement. It would be nice to come to a point in society where people did not regard each other as "white" or "black" or any other particular race or ethnic origin, but rather as "human beings." But the fact is, we are not there. We are somewhere in the middle of where we were during slavery, and where we should be going, which is equality in law, society, and mind. We don't have total equality under the law (the peculiar cocaine versus crack disparities in sentencing, for ex- ample, despite both being the same thing substance-wise), but we are getting there. We don't have equality in the minds of most people, and here, things are moving forward at a snail's pace. We can and should force the hand of the first problem laws should be logically racially neutral (it is hard to argue otherwise, though I would say eliminate the drug laws, and you eliminate drug sentence disparity, but I digress). Human relations, on the other hand, are the tough thing. I would say "it takes time" but the fact is, it takes more than time. If you are not a racist, you should be confronting racism, be it from racists of another race, or within your race. Nothing except atrophy takes time. Everything else takes hard work. - �voua, 7 FIBEE ETHICS M.IMB.E. REVIEW Announcing our University at Buffalo M.P.R.E. Review Class for the November 13, 1998 Exam. ALL STUDENTS WELCOME!!! COME EXPERIENCE THE PIEPER WAY BECAUSE... PIEPER PEOPLE PASS FREE MPRE REVIEW BOOK ~I Each Student that attends will receive a free M.P.R.E. Review Book containing text and 150 M.P.R.E. questions. VIDEOTAPE LECTURE University at Buffalo Saturday, October 24, 1 998 Law School - Room -210 NOTE: All classes will run from 9:00 a.m. to 5:00 p.m. Walk-ins are welcome or call 1-800-635-6569 to reserve a seat or inquire about our other dates and locations. TEST DATE Regular Application Deadline: Late Application Deadline: Friday, November 13,1 998 October 16, 1998 ($48.00) November 4, 1998 ($96.00) THE PIEPER BAR REVIEW ■ 1 -800-635-6569 J| wdTcL �October 5, 1998 * Volume 50, Issue 5 WHO LIKES BUYING LAWYER CLOTHES? By A.A. Noel school of thought that the patcolors you wear have an impact on your perceived size; I don't buy this argument. The New York Yankees have a 747 with their logo and pinstripes painted on it. To me it looks just as big as the regular American Airlines 747 parked right next to it on the tarmac. If you are big, you are terns and o, Ma does this suit make me look fat?" "No, it'syour big ass and stomach that make you look fat." Because I presently have no significant other, I asked my mom to come with me to pick out clothes. I need a critical eye. Trust me, my mom's eye is as critical as they come. If you want her opinion about what you're wearing, you need not ask as it will was mixing and matching, I would get my butt kicked in Mortal Combat. Moments later she returned. Her face was flush with excitement. In her mind this ensemble would indeed get me the cover of GQ and the girlfriend she wished I had. "Mom, this shirt is purple." "It is eggplant." "No, eggplant is big and vertical lines will not help. Also, because of my ample dimensions, in a dark pinstripe suit I look like I the kind of vegetable that is should be breaking kneecaps painted in the middle of this for the local Capo de Tutti tie." "You don't like Capi. As one choosing a career come eventually. on the other side of the law, I it?" Grudgingly, I admit like it better she has some fashion sense. It thought this was an unwise "tieI with decision. than the the anteis just not a fashion sense that What about a on lope it." light fits me. If I were a sales assosuit with pinstripes? Who am "What about ciate at a trendy European don't have his this?" I I, Matlock? shoe store, I would fit into my "Don't you think it mother's fashion scheme. folksy charm. Plus, if you buy that whole arwould be a good idea to patterns/colors Alas, I do not sell Bruno then a I shouldn't be wear color that occurs in gument Magli's. With my mom's did nature? If I ever fall overIf I colors. wearing light clothing choices, dressing for success was not the concern wear light pinstripes, I would board, I am sure to be found. then look like Mr. Why can't you just pick out for me. Dressing without geta regular white shirt and a plane. Steinbrenner's ting beat up was the concern. I decided that red tie?" Finally, While preparing for blue was the color choice— not "You are just old law school, I figured it would not dark not light blue, blue, fashioned. How do you like be necessary to get clothes in blue nor robin's this shirt?" turquoise She put it egg which I could network. Sure, blue. Just blue. No stripes. I look sassy in my sweats and As payment for my denim shirt, but how could I mom with me, I threw coming be sure the well-heeled attora her bone. would I let her pick neys in Buffalo's legal profesout a shirt and tie for my new sion would like my Garth Brooks baseball cap? My suit under the proviso that I would have final say the matwardrobe was only appropriter. She accepted these terms. ate for auditioning for a job as in the bowels of Macy's Deep one ofHootie's Blowfish. No, she with the suit drapped went I had to break down and get over her arm. In retrospect, some big boy's clothes. should have offered I maybe When buying any to buy her dinner. She wanted clothing here is my problem. 1 am a big guy. Okay, I am me to look like the guy on the husky. All right! I admit it, my cover of GQ. I knew it wasn't going to happen, but who am I neck is bigger than your waist. to dash her hopes? Thanks to my peasant foreI let her do the heavy bears, I have a body type built fashion lifting. In the meanfor hauling slabs of marble went to time, I the audiovisual out of a quarry. This limits my to with the department play fashion choices. It seems to mom Sony While Play Station. me clothing manufacturers think that if you have wide shoulders and a big neck you must have a girth the size of Pilot Field's circumference. This means when buying a r»M5+ A / X/# ' shirt you get yards and yards of extra fabric whether you need it or not. This whole shopping for clothes thing is a pain in my size 18 neck. The suit had to be picked out first. My color choice was blue or gray. If I feel frisky, I will consider a pinstripe. However, for this to ■ happen all circumstances must be right. First, the planets need to be aligned. Second, a pretty girl must have smiled at me in the past week. Third, I must have found some money in the pocket of my Levis. I consider these little signs that I may have good luck. I've heard pinstripes are "slimming". There is a ■ s~- f Ge+... ] «*/** ■ ' fjffte*, law. The two hours and twenty seven minutes of angst was finished after one swipe of collar?" theAmerican Express card. "They call it a tab colI know this is on the lar, a lot of people wear them." realm of sexist but, are there "Mom, I am going to any guys who like to go shoplaw school not the seminary." Her last combination ping for clothes? If there are was the most acceptable. A lawyering jobs where the clothes won't make the man, I white shirt with a fine blue pinwould like to know about them. stripe (again dreaded pinstripesAs a matter of course I think -argggh!) in an "athletic" fit, though my shape has not been the "Going to Law School" "athletic" in a long time. The guides should list more than neck size and sleeve length were the average pay and the responboth correct. So far so good. The sibilities that come with each tie was a blue/red pattern with particular lawyer job. They should also print the jobs little triangles. Perfect for hidwhereit is just fine if you wear ing the sauce stains I would inkhakis and a sweatshirt. evitably spill during a really imAfter our outing, portant networking event. I should be thankful that she didn't mom was more than a little frustrated. Since I was making want me to get a bowtie. the purchase, I had veto power. to Macy's stock had tick up that day. Any money I Gone were my junior high thought I would use for little school days when I got the things like books and tuition was "You will wear what we buy you" speech. Here is advice for now in the hand of the sales asThis sociate. young lass didn't moms out there: double knit seem to care about the trouble I disco shirts don't go with a wrestling sweatshirt. Also, a endured while choosing my apnor was she parel, impressed mauve (READ: salmon) with the combination of suit, "Members Only "jacket makes shirt and tie my mom promised a fashion statement. The statement is, "I don't want any would snag a future daughter-inagainst my chest. "Ummmm whereis the friends." —Sx J ' /A 7 " \-l|[ — r J / I | ft I 1 V IT (r J* v>7 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6cbf58ae83c89f8978257183f6c21907.pdf 2c69d997103072813c92b279bdfc6874 PDF Text Text UB Law School's "Preeminent" Student Publication wings, buffalo, edu/lawy'opinion The Only News You Need Cost- SI US. 4,50 DM Bundesnpublik DeutscMand, £J,2op Greatßritain. JPSK CCCP. 20.000 YHtppon, $1.45 Canada, A M Suomea, 7 Peso.% Mexico, 1,5 Guilder NfArrlanH 50 OPINION YEARS OF THE OPINION I U.S. English Langua g,- Edition Vol. 50, Issue #6 "Vi Veri Veniversum Vivus Vici" Carr Comments on Parker Verdict Jury says: "Guilty" his injury, the worker had continued to prepare food for the restaurant. Mrs. Beeler became concerned she might have eaten, or otherwise had contact with, the employees blood. She pulsion. asked McDonald's to.test their employee for blood The court determined that requiring students to take drug tests simply because of a prior disciplinary incident is a suspicionless search and violates the 4,b and 14,h Amendment Tennessee A McDonald's has been sued after refusing to test an employee for transmissible diseases. Michelle Beeler used her local McDonald's drive through to purchase Professor Can being interviewed by Channel 2. law school's first floor, and was aired live on Channel 2 at 5:00 andEvidence Professor Charles E. Carr about the verdict. The interview was conducted in the on Thursday. Introduces "LAWMATCH" Jumping onto the information super-highway, the New York State Bar Association has started an online job search progam. The program, called lawmatch, is intended to help link legal employers and attorneys or legal professionals in an online setting. The new service, open to members and nonmembers alike, allows the jobseeker to create an online profile using their resume and other information to create an Badges, we don't have to show no stinkiif badges The 7,h circuit determined that students are protected against random and suspicionless drug testing by school administrators. James Willis, a freshman at the Anderson Community School, fought with a fellow student. He was suspended. The school administration informed him that to attend classes after the suspension he would need to take a drug.test. The school's drug testing policy provided that involvement in a disciplinary incident is reason enough to subject that student to drug tests. Mr. Willis refused to be tested. For this act he was resuspended. The administration informed him that subsequent refusals would result in reresuspension. Further, the school would consider refusal as admission of drug use which could lead to his permanent ex- Special sauce contents to remain secret New York State Bar Association by Russ Klein News In Brief By Peter De Wind The Johnathan Parker murder trial concluded last week. At 3:00 PM on Thursday, October 8, the jury returned to the courtroom in Erie County Hall with a verdict of "guilty." Parker was charged with murder in the first degree. Parker, aged 20, is the first defendant to face the death penalty in Erie County in over 40 years. Channel 2 interviewed UB Law's Criminal Procedure October 12, 1998 online indentity. Employers can also use the service to create online want ads and classifieds. Once you have created an online profile, prospective employees and employers can search the database and tailor the potential candidates to their needs at the time via customized matching. The service is available of the legal community, but prices range from free for a public listing by a N YSBA member or law student to $49 for a customized profile in which a Lawmatch represento all members tative calls you and interviews you overthe phone. Prices for an employer range from $29 to $4,000. More information is available at <http://www. nysba.org/lawmatch>. an Egg McMuffin breakfast sandwich. After taking several bites she looked down and noticed there was blood on the wrapper. This blood was not her own. She drove back to the restaurant to discover the blood belonged to one ofthe line workers who had cut his finger. In spite of transmittable diseases. In .response to McDonald's subsequent refusal she has sued for $825,000 in damages and asked that the court order the tests. AnoucigA . hnnie!! On July 1, 1998,the world celebrated the arrival of a baby girl. Ahnnie Lee Weiss, daughter of deans' administrative assistant Tiffany Lane, was born at 2:01 pm at Children's Hospital in Buffalo. Ahnnie's arrival came a month early, taking by both mother and daughter by surprise. As with most preemies, a low birth weight of 4 lbs 14 oz, required a little bit of TLC from hospital staff as she remained in the Neonatal Intensive Care Unit (NICU) for a full 15 days before being discharged with a clean bill of health, to an excited and exhausted new mother. Mother and daughter have spent the last 3 months recovering and adapting to their new lives together. Their success is evident; at her three month check-up, Ahnnie's weight had climbed to 11 lbs, and a full 23 inches in length (up from 19 inches at birth), both within normal range for three-month-olds. We wish mother and daughter continued growth and happiness. Congratulations! Continued on page 4 Inside This Issue ... Get lucky with Intellectual Property. 2 Two Russes, One Poem, Sheer Magic 3 SBA President's Report 3 Alferd Packer, Peter Nicely. 5 Camelot at UB Law. 7 More Cartoons Than You'll Know What To Do With �October 12,1998 2 CLASS OF 2000 (TM?) How Intellectual Property Law Will Get You Laid and Help You Deconstruct the Dominant Paradigm Some people go bowling or skeet shooting for fun, but in my leisure time, I like to read books about intellectual property. Wow. Doesn't that make me sound like a geek? But wait! Aside from the mystic legal knowledge ac- crued when one kicks back with, say, that epic thrill-ride, The Trademark Handbook, studying "the metaphysics of the law" has a secret benefit: reading intellectual property theory is a great way to pick up guys. I met my current boyfriend while reading Copyright's Highway at the Showplace (a bar). Sure, there were girls there more interestmore attractive, ing, more...well, not just sitting there sipping whiskey and reading a book. But intellectual property is hot stuff. My guytook one look at the throb- bing legal tome I held in my hands, and he was toast. HIM: Say, is it true that copyright lasts for the life of the author plusfiftyyears ? ME: Yes, except in the case of work-for-hireproduct, which lasts for a simple term of seventy-five years. HIM: Wow. Wanna home with me? Like, now? go As you can see, familiarizing oneself with the often rocky terrain of intellectual property is definitely worth the time. This being said, what surprises me about my fellow Americans is how little they know about the intellectual property that plays such a large part in their lives. Take, for instance, trademark. A lot of people confuse trademark with patents, mistake trademark for copyright, or think trademark is what you do when you buy something in Germany. I know Editor in Chief S.A. Cole Graphics and Layout Editor Business Manager Managing Editor I Ken Grant Dan Baich Op/Ed Editor News Editor Web Editor Web Editor Photographer this not only from personal experience, but from the intro- ductions in all those aforementioned IP books I read; almost every one of them was written by a lawyer who is very dis- gruntled about non-lawyers, and lawyers, who can't tell their patent from their trade- mark. To many, the trademark symbol next to a logo or brand name is an insignia of mystery. What does that tiny "TM" really mean? Those in the counterculture may think it standsfor "The Man." Those who work for Disney may think it stands for "The Mouse." The rest of the country probably thinksit stands for "T--Mmmmm...that tastes good." Even those who know what "TM" stands for and what it means probably have only a hazy notion ofhow the law works. And those who Staff: News Reporter News Reporter know how trademark operates have probably spent very little time reflecting on how the trademark lawsaffect the capitalist system. Dave Allen Peter DeWind Cindy Huang Russ Klein Vacant Leonard Heyman Russ Klein Ken Grant Columnist Columnist/Chauffer Howard Beyer Gabe DiMaio Columnist .../..Randy Janis Columnist... Columnist Katie McDowell Peter Nicely Columnist Adam Perri The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without theexpress consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed at the Buffalo Newspress. print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). While the Opinion will not The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." have created? And from a cer- tain point of view, this is absolutely correct. A recent New York Times article is a good answer Now, I realize that to this question. The headline thinking about Intellectual for this article ran: "Seeking Property law isn't quite the Riches with 'Class of 2000." same as fantasizing about goThe article then deing on a date with Antonio scribed how a man named Ody Banderas. In other words, conDemetriadi has had a tradetemplating IP laws probably mark in the phrase "Class of doesn't make most people go 2000" since 1996, and how gooey in the knees and think Demetriadi plans to profit sexy thoughts about Spain. from having an enforceable However, there is an interestmonopoly over the phrase. ing battle of theory going on Forming a company named in the IP world, and as with "Class of 2000, Inc.," most battles, there something Demetriadi and his partners scintillating about it. are licensing the phrase for There are two major royalties of 8 to 10 percent. camps in the (often very bitDemetriadi does not ter) Intellectual Property Wars: plan to sue those who violate those who think IP is just the trademark—because the great! yay for property! and royalties he will charge will be those who thinkIP is okay.but significantly lower than any can be used for nefarious legal battle could possibly be. purposes...we should really In other words, it will be so step back and examine how much cheaper to fork over a copyright and everything else licensing fee, than fighting a gets in the way of developing violation charge, that others culture.... who hope to use "Class of The "Up with IP" 2000" on their merchandise people generally tend to be big will choose the low road and intellectual property holders, pay the fee. like Disney, Time-Warner, or On the one hand, this Sony. The "Maybe we should is a very enterprising tactic. In re-evaluate IP" people tend to a commendable manipulation be (in an accumulation of bedof trademark law, Mr. fellows weirder than a Demetriadi stands to make a NAMBLA conference) acalot of money. demics, rappers, da-da artists, On the other and anarchists. hand...oh, wait, I need the Hmmm...who do you other hand to wipe up that githink has more money to lobby ant pile of dung from my first Congress? hand! Oops! Most people, if they How ridiculous can bother to think about this ar- you get?!? He trademarked gument at all, come down on the phrase "Class of2000"!!! the side of Mickey Mouse. That's the dumbest thing I After all, they ask (while comever heard! What's going mendably remembering their next? John Locke), what could be The 1999-2000Term more natural than the right to of the U.S. Supreme Court profit from that which you (TM)? 2000 Christmas (TM)? July 6, 1999 (TM?) With all those people in Congress, we should be able to draft laws that simultaneously protect intellectual property, but resist absurdity. It would seem, however, that we have instead sacrificed our sense of the inane on the alter of capitalism. Maybe I should trademark the phrase "Editorin-Chief." S.A. Cole Editor-in-Chief (TM) �Volume 50, Issue 6 3 WE GOT POETRY! SBA President's Report From the desk of Tonya Guzman.... I am very excited about school, we have addressed the con- The Second Thing Roy Taught Me making things happen this year. OurE-board has already by Russ Maines been busy addressing concerns and resolving various problems. Keep in mind, SBA has to interface with the administration and sometimes this is a process, which is part ofthe reason why issues aren't resolved as fast as people would like t6 see. Our meetings may not be "exciting" but we attempt to address the needs of the students and make improvements. A few announcements I would like to make are: November s'\ SBA is sponsoring a student/faculty happy hour. Come eat, drink and converse with the faculty. Look for details posted outside SBA Office. November 20*, SBA is Back in the groovy 70$ My sister hooked up With a guy named Roy. He was a Black Guy, Which made A lot of White People Neighborhood Nervous For reasons I did not Understand at the time, But Roy was OK with me. One time When I was about six I was visiting my sister And Roy When I noticed two Black Guys On the Street Beluw. "Hey Roy," I said, "Look at me," And I leaned out the window And yelled, "HEY YOU NIGGERS!" having a talent/gong show, we've received a lot of enthusiasm already, please contact myself or any SBA member to sign up to participate or attend. This should be a lot of fun! I met with Dean Fleishmann last fall to discuss a SBA web page. Thanks to SBA rep Dave Polak we are close to having our web page completed. There are a lot of organizations that do not have a web page accessible to potential law students. You may The next thing I knew I was flying through the air, smacked into a lamp, (the bulb went POP!), Collided with the wall (BONK!). I tried to run (in vain), Motivated More By Fear than Pain But Roy came at me so fast He knocked the coffee table over (the phone went DING!). One enormous hand Grabbed me by the seat of the pants While the other cracked me upside want to create one and link it to the UB web page. Since I havebeen in law cern over not having a sign outside the law school, designating O'Brian as the law school. I met with Dean Olsen and by the end of this semester theLaw School sign should be up. The new lounge should be open by the end of the month. I am told we will have very expensive and impressive art. The lounge will be exclusively for law students, lets take care of it. New machines were in- stalled in the computer lab. If you have any concerns or see any problems with the computer lab please contact me, we can't address any issues if we are riot aware of the problem. The American Bar Association is looking for law students interested in running for the following law student division offices: Chair, Vice Chair, Secretary and Treasurer. Elections will be held Nov. 13-15, 1998. Please contact me if you are interested. If your organization is having an event that involves selling tickets you must go through the Sub-board ticket office. We understand this is a new process and some complaints have been made about the manager's attitude. Please contact me if you find this happening, this is unacceptable and we will not tolerate it. Bar/bri is looking for reps. Thereis a scholarship available for graduating students, you must be a member of ABA/LSD. Casenote is looking for reps. Translation of our \at\n motto: Dirty deeds, done on a reasonable sliding scale. A Couple of times. Roy carried me Into the bathroom Where he offered me A Choice between Additional Ass-Kicking And A Bar of Soap to Eat MobileMinutes® is: j» the easiest way to go cellular with no credit check, no contract and no bill as low as m Bfc 555 tf .'<? $15 calling cards As I was recuvcimg, Roy let me have A couple sips of his beer. He was quiet for a very Time, ussell, never use — a month the only prepaid service with Later, ' I I MobileM i nut es includes CELLULAR PHONE FREE ACTIVATION $30 PREPAID CALLING CARD FOR JUST $99.95 tng HH^KY^tfVltf ■ Im/H at word Again. It is Evil" Roy said. »X," I said. This week, celebrated poet Russell Mantes requested that our very own Russell Klein provide the illustration for hispoetry. In specific. Mr. Maines requested "Something with lizards...sort of Sleadmanesaue." Russ: this one's for you. 1 -800-676-3 543 CALL FOR FREE NEXT-DAY DELIVERY **■-*+ FRONTIER CELLULAR STORE LOCATIONS: AMHERST: 1254Niagara Falls Blvd. 831-0054* CHEEKTOWAGA: 2410 Walden Aye. 686-4300 Walden Galleria Mall 651-9163* HAMBURG: McKlntey Mall 822-4381* WILLIAMSVILLE: Eastern Hills Mall 635-9225* *Oper> Sunday QUALITY MARKETS LOCATIONS: WILLIAMSVILLE: 499 Hopkins & Klein Rd 75274 Main & Union �October 12, 1998 4 Review of The Freedom Writer Constitutionally Suspect: A Look at the Institute for First Amendment Studies and Their Scrutiny of the Religious Right S.A. Cole TheInstitute for First Amendment Studies is a nongovernment organization that monitors speech andreligious issues. Like many of it's fellows in the First Amendment field, the IFAS has selected a focus for the majority of its efforts. Billing itself as an organization that gives "a hard look at the hard right," the Rutherford Institute and the IFAS illustrate that we have lost some ofthis clarity over the last two centuries. That being said, the Institute for First Amendment Studies is doing an excellent job of tracking the Religious Right's efforts tomake government in the United States a fine blend of democracy, hellfire, and divine grace. The IFAS's particular concentration IFAS concentrates on issues of on the work of the Chrischurch and slate, adopting an tian Coalition is, at the absolutist interpretation ofthe very least, amusing (at Establishment clause. least to a person firmly in their own sense the Establishment rooted If and Free Exercise clauses of ofsecular humanism). The the First Amendment were sup- following is an overview of posed to operate on the oppos- reports they have issued in ing sides of the church-and- their newsletter, "The state argument, then one could Freedom Writer, " over the say the IFAS and it's counter- past few months. the conservative part, "Y2K HYSTERutherford Institute, were the spiritual yin-and-yang of the Constitution. Who was the good-heartedyin, and who the evil-doing yang, wouldfluctuate depending upon whose propaganda you were reading. However, the First Amendment is not a contradictory addendum to the Constitution. Rather, it is a coherent philosophy that articulates the Founding Fathers' ability to distinguish the sacredfrom the secular. Organizationslike the News Briefs Lontinued from page 1 protections. If you have nothing to hide, then what are you worried about The U. S. Supreme Court opened their 1998-1999 term this past week. Among their first acts was to refuse an appeal which might have limited a public school's ability to conduct random drug testing. In 1995 the court determined that Schools may subject all student athletes to random drug tests. In re- sponse, the Rushfield Indiana Schools implemented a policy which would force random drug tests upon any student who wished to participate in any extracurricular activities or wished to drive a vehicle to and from school. Students were randomly separated from their peers and directed to a mobile drug van where their urine was collected for scrutiny. Any student testing positively for drugs, alcohol or tobacco was subsequently RIA GRIPS CONFER- ENCE" reads a headline in the October edition of The Freedom Writer. The article, by Skipp Porteous, goes on to recount the speeches and activities at Coalition workshopled by Rev. Billy McCormack, and Michael Hyatt, author of The Mil- gins his article with a discussion he had with the woman sitting body is rioting, take over the Senate and appoint Jesus the him at the "Y2K: Cough or Catastrophe" lecture. While waiting for the show to begin, the woman explained to him that she was working with her church (First Baptist Church of Mobile, AL) to stock food and water. After she explained to him that "Y2K" (slang for "Year Two Thousand," used by the computer new head of the CIA." And while the Christian Coalition has been touting the slogan next to industry to describe the programming glitch involving the switch from 1999 to 2000) would signal a major catastrophe, Porteous decided that she was an isolated example of Y2K hysteria. He thought the speakers, Hyatt and McCormack, would present a more level-headed point of view. "Boy, was I mistaken," Porteous wrote. Apparently, Hyatt and McCormack have decided that the Y2K problem is a harbinger ofthe Apocalypse, and an opportunity for the Church to assert its leadership abilities. Counseling lecture attendees to dig wells, plant gardens, and prepare for mass transportation break-downs and telecommunications failures, Hyatt and McCormack then assured their followers to rely on God to get them through the looming times a Christian of crisis. lennium Bug. interesting story, it is hardly one that merits First Amendment concern. After all, Hyatt and McCormack didn't say, "And when the lights go out and every- Porteous, who attended the conference, beto be banned from participating in activities until a positive test was achieved or a valid excuse for failing was presented. Four students protested the searches which covered such drug addled groups as the Future Farmers of America and the school library club. As a result of the court's inaction the policy stands as validly within the bounds of the 4" 1amendment protection. Now we'll have to ban tat, too This weekthe Supreme court announced they would not hear'an appeal which claimed that restricting clubs featuring female topless dancers, but not clubs with topless males, serves to discriminate against women. New York City recently began enforcing its 1995adult business zoning laws. The campaign has as its stated intent the removal of adult oriented businesses from-residential While this may be an neighborhoods in New York City. The Cozy Cabin bar, an adult club featuring topless female dancers, it's owner, and a topless dancer known only as Vanessa Doe brought suit against the city. The parties claim city ordinances selectively focus on clubs which feature topless female dancers. These clubs, once targeted, are forced to cease operations in their place of business. Often the employees aft forced out of work when the club simply shuts down. The suit alleges that male strip clubs, which also feature topless and gyrating adult entertainments, are to remain unmolested by the ordinances. These ordinances were said to chill the free expression rights of the dancers. Further, the suit asserted the city had not asserted a reason for this discrimi- nation sufficient to overcome its discriminatory effects. The court refused the appeal without comment. Spot catches criminals In 1996 two men broke into a Seattle couple's home. The men shot the couple's dog before demanding money and then brutally shooting Raquel Rivera and "Y2K=666" (666 being the "number of the beast" as described in Revelations), this is not a matter for the First Amendment. In fact, thanks to the First Amendment, people in the Christian Coalition, who I can casually label "crazed cultists," can go around touting the Y2K/Apocalypse Theory until they are blue in the face. I don't care, and neither would Fisher Ames (the Founding Father who drafted quoted Tony Nassif, the California Christian Coalition head of the National Council on Bible Curriculum in Public Schools, as saying "The 'Owner's manual' for the Con- stitution is the Bible." The National Council on Bible Curriculum in Public Schools (NCBCPS) is another organization that the IFAS watches closely. A group devoted to making sure theBible is taught in public schools, the NCBCPS adopts a nominally secular stance, saying that the Bible should be taught as "history and literature." However, the board of directors includes the final version of the First members from far-right reliAmendment). gious organizations. ConstituArticles such as this tionally speaking, this means are mixed in with articles of thatthe group may beadvocatactual First Amendment reling religion in the public evance, however. One such schools, despite whatever slant article detailed the efforts of they put on their agenda. Overall, The Freethe Virginia Trinitarian Pronomian Alliance (VTPA) to dom Writer is an informative introduce religious testing into publication. To avoid their the political process. Citing obvious bias toward the left scripture, the VTPA's website (or at least, against the relicalls for candidates to undergo gious right), the publication a "Biblical Test of Character." should avoid reporting inciPointing out that this dents that merely make the type of testing would violate right look foolish. With plenty not onlythe First, but also (and of real Church-and-State probmore specifically) the Sixth lems to report, The Freedom Amendments, The Freedom Writer could easily concentrate Writer quoted from the VTPA's on real issues of the Establishwebsite, which cited two dozen ment Clause, a stance that quotes from the Bible as it's would win it more credibility justification for their proposal. and integrity as a publication. Another article Jay Johnson. The state was able to show this act was committed by Kenneth Leuluaialii and George Tuilefano by matching DNA from blood on their clothes with a dog's DNA. This is reportedly to be the first timeanimal DNA was used to pin a murderer. Education Bill has reduced student loan rates by nearly a point from 8.23 to 7.34 per- cent. This brings the interest graduation to the lowest levels they have been in nearly a quarter century. This helps offset the reported 4 percent jump in tuition rates nationally. rate students pay upon A family affair A Dallas man has been found guilty of sexual assault for having relations with his stepdaughter. Chris Ahamefule Iheduru made a contract when he married his infertile wife by which his 15 year old stepdaughter, Iheduru, would bear him a son. In the event that she conceived a daughter, the girl would keep the child for herself. The man had claimed this was acceptable in his native Nigeria and that he was unaware it was illegal here. Further, the man claimed he had not enjoyed the sexual encounters. It took only 15 minutes for the jury to return a guilty verdict for which he could serve up to 20 years. Student Low-n The Senates Higher Clerk wars Protestors besieged the Supreme Court this week to draw attention to what they perceive are racist hiring practices. Each justice is allowed up to four clerks per year. Organizers complain that of the 394 clerks the court has hired in the past decade only 2 percent have beenAfricanAmeri- can and 5 percent Asian American. Further, women only accounted for 25 percent of the clerks hired. The NAACP complains that of the 34 clerks currently serving the court 11 are woman, one of whom is Hispanic. The rest are white males. The group complains that first drafts of court opinions are written by the clerks. Continued on page 5 �Volume 50, Issue 6 5 Alferd Packer the Hapless Prospector by Peter Nicely A long, long time ago, way back around the turn of the last century, there lived a man named Alferd Packer. Old Alfred was a gold pros- pector who scratched the earth for gold around Leadville, Colorado, deep in the heart of the Rocky Mountains. Through years of hard panning he had become a tough old mountain man, well versed in the survival techniques required to make it through the long brutal winters up in that desolate corner of the planet. Alferd's story's been told often and it's a true they all could just barely see a faint dull glow in the sky but they knew the sun was up. All ofthem, that is, 'cept Curly and Larry. Old Tee Kettle George found the two of them huddled up in a snow drift. They was froze hard as a rock and old Tee Kettle could tell by the way them icicles was a hangin' down offn' Curly's and Larry's noses and offin' their beards and offin' their mustaches just like they was kin to that there abominable snowman — he could justtellthat they wasn't like no peas in a pod. Well, anyway, the four survivors gave the victims a proper burial — in a snow drift of course, cussin' that's all they was ta' bury 'em in they said the words and all. They couldn't see what the hell they was a' doin'but they set to makin' some kinda' plan ta' where they could drag their sorry asses down that sad mountain pass and back ta' the bar, where they belonged, so as they cud git some a' old Suzzie's corn mash down their parched gullets. And the snow just kep a' cummin' and a — — one; old Alferd Packer, the body hacker. One Fall day toward the end of October (just before the punkin' pie and hard apple cider shindigs that the mountain men in them parts of Hinesdale county had grown so fond of) oldAlferdand five of hisfellow prospectors were cummin' down old dead man's pass to shack up in Leadville for the winter. cummin. There they was, just a pluggin' One thing was for sure, for the low them boys sorely needed a drink. away country on when disaster struck down Survival mode began to take over, 'em with all the fury that old and you could see the steam mother nature could a'muster. pourin' off the prospector's heads as the fist-sized globular snow It was a hellacious early blizzard and the six old gold digflakes pelted their hard thinking gersknew all too wellthat this and very hung-over craniums. could be curtains for the whole When them boys got to thinkin' lot of them. Blizzards like this they meant business! Man-oman onewere known to dump from you coulda' just felt the energy ten to twenty feet of snow in a in the air if you was there that day. few hours and the men were But slowly, gradually, old Alferd liable to be stuck dead in their and Tea Kettle and the rest a' the they tracks like one of them thar crew got wore down Gyptin' mummies that done couldn't reckon how ta get down fell outin' his sarcoffeegust that mountain with all that gold and plopped face down in a they had. The cold and the hunpuddle a' cement. ger wore them down bit by bit as to Well, needless say, they thought and they thought. oldAlferd and his fellow prosGradually they were becoming pectors got snowed in right mere automatons, clutching at where they was at that year their precious nuggets, nibbling and no one went nowhere. It on their own blistered and calstarted snowin' just 'afore lused gnarly, frostbitten paws in darkthat night and by mornin' a feeble-minded daze. -- Unstained News Briefs: Inside out but they still look fresh. News Briefs ued from page 4 The group argues that these minority viewpoints are thus being occluded from court est for their own staff. The Judges Conference of the United States had agreed to push back hiring deadlines and several law school deans had agreed to hold up tran- opinions. scripts until this later hiring date. In a related story, Federal Court judges have Unfortunately, competition continued with courts accusing each abandoned their 1993 initiative to regularize the process of hiring judicial clerks. Judges and school administrators had expressed concerns over courts hiring clerks earlier and earlier in their quest other of breaking the agreement to skim the legal cream a few days ahead of the agreed deadlines. This year, the Conference determined that those who were following the agreement were being to hire the best and the bright- was scrapped. shortchanged and the agreement They had gold and they couldn't even spend it. This just didn't make sense. They was no way them boys was goin' down ta that whore house of a gin mill empty handed. Not after the way they had worked their sorry asses off all summer. Not after hordin' up the fancy grub stakes that eachof them kept so covetously close to their skin, in their money belts and their pockets and their packs. They slept with their gold and they pissed with their gold and they tried to stay warm with their gold, and the snow continued to pelt them day after day. The four grizzled prospectors soon realized there was no way they was a' gettin' down that pass with that gold but they was no way they was a gunna' leave it there. By the third day pof the blizzard the snow was a gittin' about twenty feet deep and the men was gittin' to where any one of them coulda' et the north end off a south-bound hog. They got ta lookin' at each other funny-like, out of the corners of their eyes. They were gittin' really hungry When the weather finally broke that Spring, the towns folk in Leadville was all surprised when they seen old Alferd come staggerin' down outta' the mountains and right into . vived. But the drunker he got, and the more gibberish he muttered about "the horrors", Like most of these long, long time ago stories, the more the town folk became from old Alferd's demise, which naturally applies to concerned that something had gone terribly awry up in the mountains that winter. They called the sheriff over to Suzzie's and after he'd had about a pint-and-a-half he was convinced that old Alferd was guilty of somethin'. Well, one thing led to another and before he knew what hit him old Alferd had been convicted of manslaughter in the first degree and sentenced to death. This penalty exceeded that prescribed by law for manslaughter, of course, but the judge employed a healthy dose of discretion in the interest of justice. Alferd's lawyer had argued that Alferd didn't have the requisite mens rea, but the wouldn't hear none a' that. He told that lawyer that just because he was some fancy pants bigshot jim-dandy lawyer come all the way out to Leadville on a half-assed pack mule, he weren't gunna' for oneminute tell Leadville how things was. The lawyer argued diminished capacity, but to no avail. Alferd had never con- fessed but the evidence, according to some, was incontrovertible. He was tried before his peers and the towns folk, including thejudge, was dead set on hangin' poor oldAlferd. After all, we cain't have men eatn' men, so we'll hang em' old Suzzie's gin mill where when they do. Athough, no he ordered a quart a whisoriginal transcript of the trial key, payed for it with a big has survived the passage of old sack of pure gold dust, time, it has been widely report and proceeded to guzzle it. from time to time, in news accounts that the judge, at senIt wasn't long before he began to spill his gutts about tencing, blasted out at poor the horrors he had endured Alferd " They was sivin that winter. The whole dimicrits in Hinesdale county town came to hear the tale. and you et five of em', Poor Alferd was in tough goddamn ya. I sentence you shape and everyone was ta hang by the neck "till yer amazed that he had sur- dead." there is a lesson to be learned modern life. Take Bill Clinton for example. They was siviril dimicrits in the Whitehouse cloakroom and Bill probably et a few of em'(we all know at least one of them et him!). Now I say that the Republicans get off their butts and stop messin' around with this judiciary mumbo-jumbo. They ought to just build a big fire between two trees. Then cut down a nice, straight oak tree about six inches in diam- eter and about twenty feet long, sharpen one end of it and skewer the president right through the torso, lengthwise. By laying this across the two trees and over the fire, they could have them a good oldfashioned barbecue. In this way they could steel some of Clinton's political thunder, the same way most good old-fashioned cannibals do. I think this is a modest proposal. Certainly, it would be much more civilized than the way this Lewinski matter has been dealt with to date, of this Jonathan Swift would certainly agree (see: "A Modest Proposal," by J. Swift). Addendum: It seems that as old Alferd was being dragged to the gallows to have his sentence carried out (he was kicking and fighting all the way, being a survivalist and all) an overzealous republican rushed out of the gallery towardAlferd. While attempting to draw his six-shooter, the highly excited would-be assassin accidentally discharged the weapon. The resultant projectile traveled through the air at a high rate of speed and impacted the shooter's own foot, hereby causing podiatric injury and sever damages to himself and his party. Continued from page 3 SBff. Presidents Report: NEXT STUDENT BAR ASSOCIATION WILL BE OCTOBER 281H. A 16:45 It requires only a few hours during the semester and you will receive free Casenote outlines. Contact Cherin Joyce (800) 726-6662. SBA formed a late grade committee late last year in order to work on the persistent problem of professors submitting their grades late. This issue was addressed last year with Dean Olsen who felt his hands were tied, we will continue to pursue this dilemma. Avoid going to Kinko's! Barb on the 5,h floor in the copy room will bind your materials for $1.00! SBA meetings will be held every other Wednes- day at 6:45pm. Our next meet,h ing will be October 28 . My goal is to keep you informed of all SBA related activities and issues we address. Please contact myself or any SBA member if you need further information or if you would like to voice a con- cern. If you would like your name and phone number included in the SBA Student Directory please submit your information to the SBA office or to Betsy Snyder Box #799. r r �October 12, 1998 6 THE ANARCHIST -(E)- by Russ Klein -(A)- - THE BALKANS THE GAME It has come to my attention that the United Nations might actually be working according to some sort of actual formula when it comes to dealing with crisis in the world. I'dlike to diagram that out for you in its rawest form, and then give a real life scenario. First, a crisis has to erupt somewhere. 3 years after the crisis develops, the United Nations Secretary General notices it on television, and learns of the crisis as well. The UN machinery is now in motion. The calls begin. The big players start talking to one another, and the lesser players start using what little leverage they have. Then, finally, the first agreement is made: All the members of the United Nations agree to...discuss the issue at the next meeting of the General Assembly. Thanks to the hard negotiations of the lesser members, tea will be served along side the coffee. The members then begin to talk amongst them- selves, and order is called. The nation in crisis gets up to speak, and tells a depressing story. "My fellow global citizens my people are being slaughtered and our land seized...all thanks to (points to another memberthem...the international village idiots!" By now, everyone is looking at the alleged aggressor, who stands up and talks of "pro- - tecting themselves by killing the others..." and they do so in an incredibly arrogant and defiant way. If aggressor or vic- tim nation contains copious amounts of oil, see plan B. The UN finally comes to a conclusion: They will announce that "the aggressor must stop." They threaten force in the future. Later down the road, the aggressor does not stop. The UN meets in session again, and this time they add to their original statement, to make it look more serious: "The aggressor must stop, please." At this time, a world defense organization (typically NATO) makes an announcement that they are asking their member nations to inventory what they will provide. While this sounds lofty, it is suspected by all that no members are willing to contribute anything. The aggressor does nothing, although now the aggressor promises to fight all actions against their great and proud nation. Months pass by, and now the United Nations gets serious. They stop saying "please" and get firm. They point out that whatever it is that the aggressor is doing is not only wrong, but against internationallaw. Realizing thatthe UN does not have a real military force, the aggressor laughs heartily. The defense organization is now promising that bombing raids COULD commence within 2 weeks. The ag- gressor nation responds by saying that they will fight back DEALING WITH DEATH This late August, the phone rang at around 7 AM. I knew it could not possibly be a good thing, because I usually do not get calls that early. It was my father, and his voice wasgrimm. His wife (my stepmother) had been fighting a valiantbattle against cancer for approximately the last two years, and Dotty Klein finally submitted to the disease. This marked the second time this summer that someone I knew passed on. What exactly DO you say? No matter what you say, it comes out sounding extremely awkward: "Uhh, sorry your father died." "Ummm, wow, I'm so sorry." Though death is something that we all deal with at one point or another, I find that I am always at an utter loss "Sorry you lost someone very close to you." Human beings deal with death in very unusual ways. I know that in Jewish custom, the grieving family is supposed to "sit Shiva." Sitting Shiva involves basically all the friends and family visiting the home of the grieving family. You are supposed to sit Shiva for 7 days, though realistically, only the most observant Jewish people do this (the word itself, "shiva," means 7, if I recall properly). The more realistic as to what to tell mourners. practice is that if yourloved one Earlier this summer, I received an email from a friend who found out that my good friend Greg's father had passed on as well. against said defense organization, and give them a "black eye." Two weeks pass by, and the defense organization now says bombing can commence any time now. Repeat these last few steps dozens of times. Finally, the 'victim' is so weakened that they are either forced to capitulate, or they are completely wiped out. The UN's goal of achieving peace is realized, and they move on to the next crisis. Another successful campaign by the UN. REALITY CHECK? You aTe no doubt thinking to yourself "come on nowRuss, this is not what happens!" I kid you not. The most recent exceptions have been Iraq. But the above is the exact scenario that occurred in Bosnia, and now in Kosovo. It is the same response that has been given to the Kurds in NorthernIraq and "Kurdistan" (their name for the land they claim, which spread out over about 4 nations), ironically after assurances that the war was NOT a war for oil. It is going on today in Kosovo. It is so sad, it is almost pathetic. It is strange that whenIraq invaded Kuwait, the United Nations acted rather quickly, set up Operation Desert Shield, and let Iraq know for sure that this was intolerable. All this under dubious circumstances (much of the "evidence" provided at the Congressional hearings turned out to be unsubstantiated), to be sure. But the fact is, there is a lot of oil at stake in the Middle East, and this was our main motivating factor. Need absolute proof that this was a war about oil, and not a morally justified war against another hitler? The mere fact that we sit around silently while the Kurds get slaughtered in Iraq, Turkey, and Iran is evidence enough. We criticized Hussein as "using weapons against his own people" yet once the war ended, we had very little problem in fact with Hussein using weapons against his own people again (yeah, yeah, we set up a "no fly zone" but thats great, tanks don't fly). Its a tough time to be anti-war (which time, you ask? The 19905? The 19th century? No, I was thinking more do not want people to be killed by actions and decree of their governments merely because their governments are run by war mongering maniacs. Yet, finally, I do not wish to support war, because I am not sure its the right solution, though it might be a Machiavellian solution to end the conflict in some areas. I am however convinced that even if we ended the conflict in some of these areas, more would spring up as the power hungry and egotistical rise back to the top (see: Afghanistan, or more properly, Taliban). I am, however, convinced that the disease that causes these symptoms (such as war) is the existence of such power to be taken: That is, government. Yes, you can say that people will always want to control other people, but we don't have to let them, and we do not have to accept it via legitimized rule, even if under the modern guise of democracy. ...Thoreau said of democracy that it is not doing anything, it is merely expressing feebly that you wish things to be a certain way. It may be the best way to do things, but that doesn't make it good or right (shooting someone at point blank range may be better than cutting theirthroat, but I do not wish either on any- one). We have grown comfortable in accepting that things will be a certain way. Just as we have grown to assume the sun will rise every day, we have grown complacent that democratic government will be just. Some day though, the sun will not rise, just as democratic government will not always be just. like the human era). I do not want to support the United Nations, because! suspect that they are nothing more than a highly ineffective group of people who wish they were a global government (and I do not want a global government anymore than I want a national or local government). I also *Note: As far as I know, there is no real script as to how the UN acts...l would never knowingly accuse the United Nations of "having a plan." to shave for 30 days I have found again that realistically, this tends to last about a week). All the friends and relatives and well wishers come over to visit, reminisce, and talk about just about anything. It is not a formal talkaround though. People form groups and clusters for conversation. Throughout the receiving platters and platters of food turkey dinners, fruit baskets, white fish, dozens and dozens of bagels, cookies, etc. People at the Shiva eat the food that is sent over (after all, otherwise, it would go bad and be thrown away). Each night at a specified time(probably corresponding with sundown) if there are at least 10 people present, a "minion" is held. A prayer leader guides the group of people in a series of prayers, such as the Mourners Kaddish (I had to be silent where there very easy to accept that heaven was a creation by humans to deal with fears of lifeafter death (as well as installing a moral code so that people will not all become nihilists). I find the concepts ofre-incarnation to be awfully inviting, getting your chance to play "the game of life" over and over and over. I find the concept of Buddhist nirvana to be interesting as well. But no idea has ever sat in my mind as "must be so!" Perhaps it is my never-ending need to see things for myself. were no English transliterations I can no longer read Hebrew). If less than ten people are present, the prayer service has to be held at a synagogue. Finally, a candle is burnt in memorium. I admit, I have no idea what happens after a person entire Shiva period, people send over food. My father was alistically speculate. I find it But regardless, two people who crossed paths with me unfortunately know the answers. Meanwhile, I am left unable to coherently address their deaths both in a sympathetic sense and in a philosophical manner. I guess there really are just some mysteries we are not destined to know. by Russ Klein I am not a great fan of the United Nations. I am not a great fan of any governing body. But it disgusts me greatly to see an organization that is ostensibly dedicated to peace in the world act in such a pitiful manner. dies on, say, a thursday, you sit Shiva through Sunday of that week (the reality being that most people have jobs they have to return to also insuring a shorter period of mourning is the fact that in Judaism, the deceased's body has to be buried within a day or two). As a part of the practice, the closest family is supposed to sit in very uncomfortable chairs, and the men are not supposed to — shave (according to Dotty's mother, you are not supposed -- — — dies. I find it impossible to re- �Volume 50, Issue 6 7 Camelot? At Law &hool?f f M M -i -»-r * musical, From the CAMELOT by Lerner and Lowe GUENEVERE: What do the simple folk do To help them escape when they're blue? The shepherd whois ailing, The milkmaidwho is glum, The cobbler who is wailing From nailing His thumb? When they're beset and beseiged, The folk not noblessely obliged, However do they manage To shed their weary lot? what do simple folk do We do not? way- When they're sorely pressed, they whistle for a spell, And whistling seems to brighten up their day. And that's what simple folk do, so they say. GUENEVERE: They whistle? ARTHUR: So they say. fc MONDAY NIGHT FOOTBALL What ancient native cus"So you thinkhe likes me?" torn Provides the needed GUENEVERE: What else do the simple folk glow? "Jeez, we've been in law school a whole month, How come I can't find a girl friendr « Yeah, we just broke up He couldn't handle an aggressive girl with a brain. So are you going out on Friday nightr "I find I study better w jth women. Do you have a study partner yet?" Do you know? two' ARTHUR: I surmise. . DURING HOMECOMING THERE WILL BE A FREE DRINKS AT THE ALUMNI TENT GET YOUR TICKETS AT THE SBA OFFICE They mast have a system or GUENEVERE: They sing? "You want to see my tattoo?" , do? ARTHUR: Once, upon the road, I came upon a lad Singing in a voice three times his size. when T asked him whyj he told me he was sad And singing always made his spirits rise. And that's what simple folk do I surmise. "I'd like to see his legal briefs!" GUENEVERE: what else do the simple folk do To perk up he heart and gel through? The wee lolk and the grown folk who wander t0 an d fro Have ways known to their own folk We throne folk Don't know. When all the doldrums begin Wnat k ee ps each of Oh, whatdo simple folk do? /An. 111 v iv. I have been informed by those who know them well They find relief in quite a clever «j£^^*'.ZS%&z££ "...and what's up with that 'Let's Kill All The Lawyers' TSrurt?" them in his skin? "What Do the Simple Folk Do? " I "What the hellis going to be on the final, that's all I want to know ,„ ,, know it js on y hree weeks into the semester but I don't think the professor likes me I will probably fail that class." "Is that damn closed memo a pain in the ass or what?!" They obviously outshine us At turning tears to mirth, tricks a royal And highness Is minus From birth. What then I wonder do they, To chase a lhe gobljns away? They have some tribal sorc'ry You haven't mentioned yet. Oh, whatdo simple folk do To forget? GUENEVERE: What else do the simple folk do To helP ,hem escaPc when they're blue? „ ARTHUR: They sit around and wonder What royal folk would do. And that's what simple tolk do GUENEVERE: No, really? - -* w ARTHUR: Often, I am told, they dance a dance fiery And whirl till they're completely uncontrolled. Soon the mindis blank, and all are m a trance A violent trance astounding to behold. And that's what simple folk do SQ I>m to d , THE CRIMINAL LAW SOCIETY WILL BE HAVING A BAR NIGHT AT THE STEER ON FRlDAY NIGHT. THE SPORTS AND ENTERTAINMENT LAW SOCIETY WILL ARTHUR: 1 have on the best authof " ty- - vv "The Law School Career Office invites you to attend... Services CAREER INFORMATION FAIR, SATURDAY OCTOBER 3, 1998 - O*BRIAN HALL ARTHUR & GUENEVERE:Yes, that's what simple folk do �I October 12 1998 * 8 Volume 50, Issue 6 Neighborhood." Please enjoy with us now these little snippets of life in our Neighborhood... Randy Janis: Checkin' out the mail situation Locked out! Set my people free! What court did you say that was? COL UO! fcv Ross LAWTHESD f Kc£/rv - "' Professor Carr: Criminal Procedure. Well, goodbye, neighbor. But remember... We'll be back when the week is new and we'll have new ideas for you, and you'll have things you'll want to talk about, and we will too. You know, neighbor, you're special to us just the way you are. See you next week... ■■■... ,:'''■' THE LAW SCHOOL DUO, BROUGHT TO YOU BY RUSS KLEIN -- '■>: . ■■.■':'.:■'.■■■■■■'"■..:.■ Vs..v":- ■.-.■ ■■: ■' ■■ . '.'::-■ ■■ ■-. ...■;:■.,.-.v.-' • ...Love, 77ie Opinion -..■:':•:■ -- 4fe � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-10-12 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4dd06e805b14485569d2903cddfedc9f.pdf 8e129d6eecd2f64ad0ececa4c87a2eb2 PDF Text Text UB Law School's "Preeminent" Student Publication wings, buffalo, edu/'law/'opinion The Only News You Need C«.tl: S.O.i. S.lO Cnnniln (ju.u [50 OPINION kMiHf) YEARS OF THE OPINION Vol. 50, Issue #7 "Vi Veri Veniversum Vivus Vici" October 26, 1998 This Week: Desmond Moot Court Annual Competition Attracts Buffalo Legal Community's Best and Brightest for Judges By Kevin Clor Special to the Opinion It is that time of year for the University at again Buffalo, School of Law. Second year students will compete for limited space on the prestigious Buffalo Moot Court Board. There are 60 students competing for approximately 25 spaces. Positions on the board are highly competitive, since prospective employers put a heavy emphasis on law journal and/or moot court experience. The competition will take place this week. Preliminary Rounds are scheduled for October 26 and 28. The Quarterfinal and Semifinals are scheduled for Thursday, October 29. These rounds will take place at the Erie County Courthouse. The Quarters will start at 6:30 PM, and the Semis will begin at 8:30 PM. The Finals will also take place at the Erie County Courthouse on Satur- day, October 31, at 1:30 PM. While the Law School has a similar competition every year, this year's competition is extraordinary in several ways. First, the issue to be ar- Securities Clinic is Open The University at Buffalo schools of Law and Management have opened a Securities Clinic to provide both legal assistance and investment education to local investors, including investors of modest means. The clinic, one of only four in the nation, is a member of the Pilot Arbitration Securities Clinic Program sponsored by the U.S. Securities and Exchange Commis- sion. It is the only clinic in the SEC's pilot program that has an Investment Education Service designed to provide an unbiased education about the variety of investments available and how to evaluate whether these investments meet an investor's goals and objectives. The Investment Edu- cation Service will conduct regular public seminars on topics related to effective investing, as well as issue a newsletter addressing basic issues pertaining to effective investing and analyzing new investment opportunities. It also will offer independent evaluations of individual investor portfolios and certain financial products, such as mutual funds and derivatives. "The Securities Clinic will benefit both the local investing community and students," said Cheryl Nichols, Preliminary Rounds October 26/28 Quarterfinals Semifinals October 29 Finals Erie County Courthouse October 31 1:30 PM lished Center for the Study of Business Transactions, also a joint effort between the law and management schools. In addition to the education service, the clinic will offer a Disputer Resolution Service to provide legal representation to investors who cannot afford legal assistance in resolving disputes with investment professionals, who do not feel comfortable representing themselves in an arbitration or mediation proceeding and whose claims are too small— $25,000 or less—to be pursued cost-effectively by the private Continued on page 3 years to come. Second, at this year's competition, only judges and trial lawyers will preside over the appellate-style arguments given by the students. For example, Judge M. Dolores Denman, Chief Judge for the Appellate Division, Fourth Department, and the HonorableArlin Adams of the 3d Circuit Federal Court ofAppeals, will judge the Finals on Saturday, October 31. JudgeVincent Doyle, 111, Chief Administrative Justice for the Bth District, and the Honorable William M. Skretny of the United States District Court for the Western District of New York will preside over the Semifinal rounds. Finally, the Buffalo Moot Court Board is pleased to announce that the Erie County District Attorney, Frank Clark, has agreed to judge during the Quarter finals. Dean Fleischmann Hosts TV Show By S.A. Cole UB assistant professor of law Editor-in-Chief and co-director of the clinic "I come up with the with Joseph Ogden, UB asso- concept, I line up the guests, I ciate professor and chair ofthe put together a script, and I host Department of Finance and the show," saidUB LawAssisManagerial Economics. "Intant Dean Ilene Fleischmann. vestors will receive quality le"I view this as my volunteer gal assistance and unbiased in- work." vestment information, while For fifteen years now, students will acquire knowledge and skills in securities, a sophisticated and complex area of law and business." Nichols said the clinic is a unit of the recently estab- gued at this year's competition is based on the Casey Martin v. PGA case, which gripped the sports and business community last year. In this Buffalo Moot Court competition, young prospective lawyers will be formulating arguments about an issue that will be hotly contested for UB Law's Ilene Fleischmann has produced and hosted the Channel 7 show "Mind Over Myth," a public-service television program devoted to matters of public interest and debate. The topics for the program "run the gamut," according to Fleischmann, and are selected based on what the law school Dean terms "the old cliche: News you can Use." Airing every third Saturday, starting at noon, "Mind Over Myth" is both an important public service, and a great showcase for the political and legal expertise of UB Law's faculty and alumni. The show was created over twenty years ago to inform Channel 7's potentially 650,000-member audience about important matters of the day. Dean Fleischmann... Continued on page 3 Inside This Issue ... An obscenely long 2 Editorial by Cole Criminal Law Society announces Educational Panels...3 Ahren at the CSO tells it like it is!. 4 The Anarchist on Hate Crimes 6 And Cartoons!!! �October 261998 2 Bob Cratchit: Generation X-Mas Pushover? When it comes to figuring out what "generation" I belong to, I get confused. Being 25, I'm younger than most people who identify as "Gen X;" I'm also older than most people who are trendily labeled "Generation Y." Every now and then, I try to pick my own generational name; sometimes I think"Generation Prozac" has a nice ring to it. Of course, I thenrealize that"Generation Prozac" sounds like the name of a (probably very bad) rock band, so I give up. Basically, I thinkof myself as a person without a generation. This is difficult for me, because when I do things like: experience social dysphoria, wear sloppy clothes, or say to may parents "You just don't understand," I don'l have a specific generational tendency to blame it on. Generation Xers may be able to blame their cynicism on too many episodes of "Gilligan's Island," but usually I'm stuck saying: "I yam what I yam, an that's all thai I yam." Popeye being timeless icon with roots in the 19305, I figure he is not a generational give-away. At the heart of the matter, I suspect that generation-labeling is really just a way to give writers of social commentary .something to work with when they run out of ideas. Al least, this is what I began to suspect last week, when writer Brandon Stickney wrote a "My View" tor the Buffalo News, talkin' 'bout his generation. the evil of corporate greed, and second, the laudabledesire of Gen Xers to (as he put it) espouse a "philosophy of freedom" and become "a separate nation of passive Under the headline"Corporate greed has created a whole new philosophy for the Bob Cratchit generation," Mr. Stickney likened himself, and his fellow Gen Xers, to Scrooge's exploited employee; his basic thesis was that his generation is a collection of overworked, under-paid, Dickensian victims ofruthless American capitalism. Describing the vocational indignities GenerationXers have to bear, all because they love their fellow man and don't want to be nasty, corporate sellouts, Mr. Stickney declared "We are the Bob Crachits who have not accepted our positions under America's corporate Scrooge mentality." The Crachit analogy was backed up by harrowing tales of cubicles, twenty-thousand dollar-ayear salaries, and (the horror) people with college degreesselling computer parts for a living. While assuring us that the people in his examples were not "lower-class losers," Mr. Stickney described friends, "from prominent families," actually forced to work in warehouses to survive. His catalog of employment pain went on and on, with only occasional pause to explain to us, the readers, thai all of these people's problems arc no fault of their own. And whose fault are Ihcy? Mr. Stickney did offer an answer, an explanation for the vocational laxness of his generation. What was this explanation? He attributed their unimpressive employmentsituations to two things: first, protest." My response to this article took place on 3 levels: Level 1: Cool, I thought. This man is wearing fingerless gloves in his bylinephoto. What can I say? I like fingerless gloves. That Bob Crachit: what a sexy guy. Level 2: Cool, I (again) thought. This man is firmly opposed to big, nasty, greedy corporations. What can I say? I don'tlike big, nasty, greedy corporations. That Bill Gates: what a mean guy. Level 3: Wow, I reflected. This guy is REALLY annoying me. What can I say? I am easilyannoyed. Especially by "upper middle class" writersfrom "prominent families" who sit around watching MTV, think the world owes them something, and cherish illusions that they are somehow "principled," and not merely "lazy." My first hint that Mr. Stickney's article would set off my annoyance alarm was when, shortly into his seventh paragraph (yes. I was irritated enough to count the paragraphs), he posed the question "Lower class losers?" alter describing all the ill-employed people mentionedabove. Now. I may be sensitive to the point, since my family has teetered on the edge of the lower- ' WE GOT (a) LETTER! tive of my unknown colleague's conduct that I am going to return the fate*?/* Editor ofthe Opinion... vor with some free advice. Enjoy your career, This is a "thank person who accidentally you have started off on you" note to an unknown mistook the outline in my the right foot. And please colleague. Two weeks box with my name on it don't forget to mention ago a kind 2L placed an as their property for re- this act of kindness when outline in my mailbox for turning it to me. It will you take the Bar. my perusal. The outline be very helpful for my was accidentally taken own studying and to the Sincerely yours, from my box and re2L who it belongs to as turned 10 days later. I he prepares for the Bar Bill Taylor, 1L would like to thank the exam. I am so appreciaOctober 16, 1998 Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Op/Ed Editor S.A. Cole Staff: Ken Grant News Reporter News Reporter Dan Baich Cindy Huang Russ Klein News Editor Web Editor Web Editor Vacant Leonard Heyman Russ Klein Photographer Ken Grant Columnist Columnist/Chauffer Columnist Columnist Columnist Columnist class for centuries now, but by no means do the lower classes have a lock on being uselessly employed. In fact, it is the lower-classes that have done the brunt of the work in this country: digging canals, harvesting food, working in factories, or, god forbid, toting things around in warehouses. The point? By no stretch of the imagination does being "lower-class" make you a "loser." Coming from a long line of painters, bus drivers, and shortorder cooks as I do, I bet my "loser" predecessors could beat the snot out of Mr. Stickney's "prominent" ancestry any day of the week, at least as far as productivity is concerned. Meanwhile, Mr. Stickney's "prominent" or "upper-class" family is probably part of the caste that cultivated the tradition of corporate greed in America in the first place. Mind you, this is the group that Mr. Stickney blames his sloth and political apathy upon. He may assert thathis generation's "humanism" is what keeps them alienated from the System, but in my book, categorizing honest laborers as "losers" is not a sign of esteem for one's fellow man. Rather, it is a sign ofelitism and snobbery. Elitism and snobbery, when coupled with Mr. Stickney's feeble so they could smoke "Kamel" cigarettes and talk about "South Park." I also have the feeling that GenerationX might complain a bit more than the feebly desperate Crachit if their boss refused to honor theminimum wage. Data entry in this modern world isn'ta dream job, but it beats theheck out of data entry in nineteenth-century, bah-humbug London. I understand that Mr. Stickney means to qualify his remarks when he calls himself "a modern-day Bob Crachit," but his analogy fails in another aspect, too. Bob Crachit, as you will recall, was grateful to his employer—to the point of being almost annoying about it. Graciously evoking the Christmas spirit, he repeatedly toasted "Master Scrooge" throughout A Christmas Carol, hoisting his glass and forcing his wife to join him in thanks. In other words, Bob Crachit was not two-faced; he both walked the capitalistic walk, and talked the capitalistic talk. Unlike some people I know.... Most so-called Gen-Xers do not offer thanks to their employers. Further, when it comes to drinking, probably the only thing they hoist in honor of their em- assertion that love for his fellow man is what keeps him from being ployer is a single, prelty-much-unprintable finger. The problem here is that while Mr. Stickney asserts that Generation X has "refused to pursue lucrative jobs as ambulancechasing lawyers, insurance agents, truth-bending stockbrokers or drone government employees," they are still working in positions that support those entities. Is it more principled to be thedata-entry lackey for a stockbroker than it is to be the "truth-bending" stockbroker himself? No, it isn't, and you're making a lot less money,besides. My point is, contrary to Mr. Stickney's assertion, there is no such thing as "passive protest." Ghandi used a form of "passive resistance" known as "Sachigraha," but this involved courageously refusing to budge in the face of violence, not getting a job at your local Quickie-Mart. There is nothing rebellious about selling slushiesfor a living. What many in Generation X—and my own generation—fail to realize is that for every unscrupulous action, there can be a principled reaction. Don't like ambulance-chasing layers? Become a lawyer, politician, or judge, and change the liability laws. Don't like truth-bending stockbrokers? Become an economist and write truth-telling articles for the WallStreet Journal. Don't want to be a government drone? Join a grass-roots organization and work to change government. None of these things may be financially rewarding, but Generation X has apparently forsworn the need to pursue filthy lucre. If money isn't important to you, but principles are, get off your butt, turn off Seinfeld, and prove that your Gen-X ennui isn't just a big act to transmute laziness into culturally defiant cool. Which brings me to my last point. If Gen-X is so against big, greedy corporations, why do they (according to Mr. Stickney) spend so much timewith "movies, books, a financial success, equals only one thing: hypocrisy. You want to be a snob? Fine. But don't pose as a humanitarian if your inborn sense of elitism betrays you at the very beginning ofyour humanistic assertions. I'm not fooled, and neither are the other "lower-class losers." At this point, I should have just stopped reading the article. Like a passerby at the scene of a gory accident, however, I just couldn't stop looking at the page. The next thing about Mr. Stickney's article to stick in my craw was the idea that his lite is somehow comparable that of Dickensian bookkeeper Bob Chrachit's—in any way, shape, or form. I mean, really. I'd like to see what "Generation X" would do, ensconced as they are within protective cubicles, if their employers refused to turn on the heal one day during the winter. Or, if they weren't allowed 15-minulc breaks Dave Allen Peter DeWind Howard Beyer Gabe DiMaio Randy Janis Katie McDowell Peter Nicely Adam Perri The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the Stale University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if il'son disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed at the Buffalo Ncwsprcss. While the Opinion will not prinl libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses Ihc viewpoints of its various columnists and conlributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." Continued on page 7 �I Volume 50, Issue 7 3 Dean Fleischmann... Continued from page 1 for several other women's -magazines. She has also free-lanced for The Buffalo News. While numerous faculty have appeared on "Mind Over Myth" over the not all of years, "I believe my questions are the questions ordinary people would ask, if they were there in the studio," said Fleischmann, who moderates the 28-minute program. The show is unedited, and broadcast Fleischmann's shows have in a delayed-but-live feed."We concentrated on legal issues. get great guests because it's a "I interviewedWolf opportunity for well-informed Blitzer, before he went off to people to express themselves on CNN," said Fleischmann. "I important issues." Sound bites also interviewed authors Bill are not a part of the program, Nowak, and Leon Uris." and the average number of Sometimes, her guests, three, leaves ample time shows erupt in controversy, for each guest to give complete with guests arguing passionanswers to Fleischmann's ques- ately with each other, but tions. conflict is not the intended Dean Fleischmann purpose of "Mind Over brings to her show an extensive Myth." Fleischmann commedia background, as well as mented on crafting the show to be on the cutting edge of the valuable contacts that ento ÜB's able her bring profes- important, controversial issors onto theshow. With a massues, without staging a shoutter of arts degree in English Lit ing match. She says: from Buffalo State College, "I try to make it inFleischmann has worked as a teresting in other ways. I incolumnist for the Buffalo Couclude people who have rier Express, as a features edihands-on experience, and try tor for Woman's World magato get their stories." In her zine, and as a free lance writer efforts to recruit interesting Topics covered on "Mind Over Myth" with UB Law Faculty include: Lee Albert...."Babies at Risk" Bob Berger...."Superfund" Barry Boyer...."Environment" Charles Carr...."Alternatives to Incarceration" Markus Duber...."Death Penalty" David Engle...."Kids with Special Needs" Chuck Ewing....most recently, "Children Who Kill" Lucinda Finley...."Sexual Harassment" Bill Greiner....talking about SUNY Buffalo George Hezel...."Affordable Housing" Susan Mangold...."Childhood Sexual Abuse" Isabel Markus..."Women's Rights" Errol Meidinger...."Superfund" Makau Mutua...."Human Rights" Nils Olsen "Environment" Melinda Saran...."Attention Deficit Disorder" John Sheffer...."Regionalism" Susan Thompkins.... "Domestic Violence" Tony Szczygal "Long Term Care/Medicare" Next on "Mind Over Myth": "20 Years After Love Canal" A Discussion featuring Bob Berger, Errol Meidinger, Diane Heminway, Dr. John Vena, and Ted Steegman guests, Fleischmann has interviewed: a former death-row inmate, a doctor dismissed from a local Emergency Room due to being HIV-positive, and a former member of the UB Law community accused by Harvard Law ProfessorAlan Dershowitz with being anti-Semitic. That last guest, nowdeceased UB Law Professor Muhammad Kenyatta, was part of a show discussing racial strife between Jews and African-Americans. "The show is substantive," said Fleischmann. And while it does not shy away from controversy, it does focus on being informative, so that argument doesn't override the show's educational aspects. One of Dean Fleischmann's favorite shows dealt with physician-assisted suicide. The episode coincided with the Supreme Court's consideration of the issue back in 1997, and was aired before the Court's decision came down. "We had Dr. Robert Milch, from Hospice, Dr. Richard Hull, an ethicist from ÜB, and Susan Regan, a UB alum in private practice, who works with said hospitals," Fleischmann. Over 20 professors, adjuncts, and alumni have appeared on the show over the years. Appearing as experts on the local ABC-affiliate Channel 7 highlights the political awareness and community involve- of the UB Law faculty. "My job is to make the law school look good," said Fleischmann, whose responsibilities includes alumni affairs, public relations, publications, and communications. "Using our faculty as experts on the show enhances their credibility in the eyes of the public." The next "Mind Over Myth" will be aired on December 19,1998, at 12 PM on Chanment ne!7. Criminal Law Society Educational Panel The Criminal Law Society is happy to announce the first in a series of educational panels. The panel will be dedicated to local prosecutors and is scheduled for Wednesday, November 4th at 7:00 PM is room 109 of O'Brian Hall. The Speakers scheduled for the panel are: Kathleen Mehlretter Criminal Division Chief, U.S. Attorney's Office Paul Moskal Chief Counsel, Buffalo FBI Office Peter Weinmann Narcotics Bureau Chief, Erie County DA's Office The presenters will speak about the nature of their jobs and how best to prepare to become effective prosecutors. The panel is an excellent opportunity to initiate the summer job hunt. lL's are especially encouraged to attend. Keep your eyes open for future panels, including a panel dedicated to defense attorneys next semester. Translation of our latin motto: Once is funny, Twice is boring, Three times is a spanking. * * In reference to how often the computer crashed during layout this week. \Securities Clinic Opened by UB Law School Continued from page 1 securities bar. The Dispute Resolution Service will aid investors in resolving disputes with investment professionals through arbitration, mediation and the preparation of letter of complaint to the appropriate industry self-regulatory organizations and/or government agencies. Clinic services will be provided by third-year law students and graduate-level management students—many of whom are in the joint JD/ MBA degree program. In addition to the clinical work, students will meet weekly to cover the substantive law, develop practical legal skills and evaluate various investment instruments. The co-directors of the clinic also will be available falo law firm of Falk & ■to provide technical assistance Siemer was instrumental in and training on securities issues setting up the clinic. to private attorneys and investAn adjunct faculty ment professionals. member in the law school, Nichols, an NASD McGrath teachers some of Regulation, Inc. arbitrator and a the substantive law courses former senior enforcement attorthat students must take in ney with the SEC, has more than order to participate in the eight years of experience in the clinic. He is a leading pracfinancial-services industry. titioner in the area of Ogden has testifies in plaintiff's securities arbitralitigation cases involving investion and has practiced in the tor-broker disputes, has written area for more than 30 years, extensively on various topics he has won the highest concerning the financial maraward in Western New York kets-including bond, futures and for a plaintiff in securities aroptions pricing—and has won bitration. several research awards, includMcGrath is also an ing the American Association of arbitrator for the NASD Individual Investors (AAII) Regulation, Inc. and the New Award of the Financial ManageYork Stock Exchange. ment Association for Best Paper For further inforInvestments. mation on the Securities in Nichols noted that Clinic, Contact Nichols at Donald G. McGrath of the Buf- 645-3193. �4 October 26 1998 CSO Speaks Oat! Hey lL's: the summer job search is about to begin. The National Association of Law Placement (NALP) guidelines for recruitment ac- tivities directs law schools to wait until November 1 to offer first-year students the ser- vices of their Career Services Office. That date is around the corner. So that you can hit the ground running, the Career Services Office is conducting a series ofprograms to prepare you for the job search. Program 1: All Class of 2001 students, as well as all transfer and 24-hour students, are required to attend one CSO Orientation meeting. During the program, you will learn about the CSO resources, services, and the hiring calendar. Students can choose one of the sessions that best fits their schedule (no sign up required, just show up). Choices are: Wednesday, October 28, - By Ahren Astudillo, Special to the Opinion writing a resume for the le-1998--3:ISPMgal market. After attend107 Thursday, Oc- ing this mandatory protober 29, 1998- gram, first-year students may then schedule an -I:3OPM-Room 106 appointment at CSO for Wednesday, November 4, 1998- a one-on-one resume review. Again, students -B:4SAM--Room 214 should select the date that is convenient: able times: schools). These are also great Tuesday, November ways to interact with people who have rich law and public 3-9:OOAM-Room 107 backgrounds, and to Monday, November interest their advice on how to get get 9-ll:30AM-Room 109 a public interest career started. Speaking of summer employment...the NAPIL Career Fair is coming! The NAPIL Fair is coming! Every year, the National Association for Public Interest Law sponsors a career fair, complete All first-year students Thursday, Octo- with interviews, table-talk, and are required to attend ber 29-3:15-Room 106 panel discussions. This year, the an informational sesNAPIL career fair will be held on Monday, Nosion on Resume Writ- vember 2-11:45A- November 6, 1998 at the University of Maryland. It costs nothing ing. If you have attended M 107 to attend the fair. Although firstlecture the in such a past, Wednesday, Noyear students cannot participate in we still want you to attend. If you already have a re- vember 4--3:ISPM-- the formal interviews (resumes submitted in advance for presume, we still want you to Room 107 screening and selected students are have attend. If you your set for a specific interview time summer job already lined 3: Program slot), they can participate in table up, we still want you to atCSO will hold two ses- talk (informal interviewing) and tend. If you plan on taksions outlining the sum- attend the panel discussions (aning courses this summer, we still want you to attend. mer job market. Again, other informal opportunity to meet students need only to with attorneys, law students and The program will give a foplacement officials from other law cus and perspective on attend on of the avail- Program 2: Finally—thank you to the over 120 students who attended CSO's first annual Career Information Fair on Saturday, October 3. We now would like to have your feedback so that next year's event will be bigger and better. Please stop up in CSO to pick up an evaluation form. If you just want to write us a note with your comments or suggestions, that's fine, too. We really want to hear from you!! If you have any questions, comments, and letters, submit them to Box #4, so that I can answer your concerns in the next column! —Ahren Astudillo is the Assistant in the Career Services Office-- BRINEWS EFS Whose the huge conglomerate that always gets its way ... Facing the loss of their exclusive right to Mickey By Peter DeWind individuals, such as recording artistsand authors, have been extended to 90 years from the previous limit of 70. This was said to be necessary to provide Americans with the same Mouse, Disney has led the fight to have copyrights extended. Congress has granted protections found in Eutheir wish by voting to extend rope which had extended copyright protections for an their own copyright limits additional 20 years. in 1995. Walt Disney Co's The bill was rights to the beloved cartoon opposed by groups such as mouse are currently due to the American Libraries expire in 2003. Their Association, who rights to other characters, in- worried about public accluding Goofy and Donald cess to information. Duck, were due to expire Spokesmen for the librarshortly thereafter in 2009. ies Disney, perhaps, realized the expressed concern devastating consequences to that this bill was simply world youth which would folabout corporate profits. low from a different company The real reason for copyproducing mouse merchandise right laws, they claimed, in overseas sweat shops, (adwas to create incentives for ditionally, think of the horror the production ofvaluable of Mickey Mouse-suited public information, not to goons able to grope small perenhance returns on that insons outside of the martial formation. The legislature state called Disneyland). In addressed these concerns their infinite benevolence, by allowing groups such as Disney teamed up with Time libraries and schools Warner to lobby the legislature broader use of copyrighted for a change in the copyright materials during the newly law to prevent such eventualiextended 20 year period. ties. In the end, the The result is a bill muscle of the Motion Picwhich extends corporate copyUe Association of right protections to 95 years, America, Disney, and 20 years beyond the previous Time Warner were persualimit of only 75 years. Addisive. Disney executive tionally, the copyrights heldby Michael Eisner personally met with Senate Majority Leader Trent Lott earlier this year to discuss extending the mouse monopoly. Most of thesponsors in the House and Senate, such as Lott, received generous campaign contributions. For example, Orrin Hatch, Chairman of the Judiciary Committee, is reported to have received $6,000 from Disney and $10,000 from Time Warner alone. It was the Judiciary Committee Subcommittee on Courts and Intellectual Property which ruled on the measure and introduced it to the house. The measure sim- ply awaits President Clinton's signature. (Look for our future headlines including, "Congress decrees ownership of Simba lunch boxes compulsory" and "Fed promotes Disney Dollars as the official US tender".) You're still pissed about that? has A court awarded $37,500 to a prison inmate who alleged that the prison was negligent in allowing his prior shooting victim to guard him. In 1991, Zeferino DePina shot Filipe Monteiro in the head. DePina claimed he was provoked, but pleaded guilty to assault. He was sen- tenced to a term of 4-12 years, and sent to Massachuset's Walpole State Prison in June of 1992. In July of that same year, Mr. Monteiro, having recovered from his wound, was hired by the Department of Corrections. He secured an assignment at Walpole in August. DePina claimed that a pattern of abuses and intimidation followed which the Department of Corrections. He secured an assignment at Walpole in August. DePina claimed that a pattern ofabuses and intimidation fol- the risk of harm having Monteiro as a guard. Monteiro was transferred to guard another prison in 1996. In a case Midwestern moralists are closely watching An Iranian court has upheld the death sentence of a German man convicted ofhaving sexual relations with an ... unmarried Muslim woman. According to Muslim law, a Muslim man's "inappropriate sexual relations" carries a pen- alty of flogging. Helmut lowed which caused him to fear for Hofer, however, is not a Mushis safety. Monteiro would stare lim. Unfortunately for Mr. at DePina and asked him why he Hofer, a 56 year old German had shot him. The daily torture was citizen, the penalty for a nonintensified when Monteiro filed Muslim schtupping an unmarreports which placed DePina in the ried Woman is death. The prison disciplinary unit. Monteiro woman, 26 year old Valideh immediately had himself transQassemi, was sentenced to 100 ferred to that unit where he reportlashes for her indiscretions. edly engaged in such conduct as The German governrepeatedly banging on DePina's ment had been assured the sencell doorto prevent him from sleeptence against Hofer would not ing. At one point DePina claimed be carried out as he had dehe was beaten and threatened with clared his intentions to convert death while in a shower to the Muslim faith and marry room. Ms. Qassemi. In spite ofthese When DePina complained placations, the appeals court to the director of the disciplinary upheld the execution order and unit, has placed the two counties Phillip Harrington, he was relations in jeopardy. told "I don'tknow what you expect, you shot the guy in the More of Peter's head." The jury found the Briefs can are... prison had been "deliberately, recklessly or callously indifferent" to Continued on page 7 �Volume 50, Issue 7 5 If you register before NOVEMBER fsf THIS OFFER WILL NOT BE REPEATED AND WILL END NOVEMBER 1ST!! HMnnb. S&3888 fIfIfIHSWHMT MtKKKSKKKHStI jWBBBBWfWW^^v /VfiW YORK-MULTISTATE BAR REVIEW 1-800-G35-65G9 �October 26 1998 6 THE ANARCHIST -(E)- by IMPULSE HATE CRIME LEGISLATION The tragic death of Matthew Shepard has once again brought to the forefront a flurry of people trying to bring about the institution of "federal hate crime legislation." Unfortunately, far too many good meaning people are being sucked inby this dis- turbing concept. To make a long story short, Matthew Shepard was a gay man out in the Midwest who was supposedly murdered by two men, mostly because he happened to be gay. The two men apparently tied him to a post and pistol whipped and beat him severely, and thenhe was left for a long period of time in nearfreezing weather before he was found comotose and neaT death (he died several days later from his injuries without everregaining consiousness). The two girlfriends of the accussed supposedly aided and abetted the two men in the disposal of evidence after the fact. Two different explanations have been given as "excuses" for what happened. One story has the two men merely committing an act of robbery-gone-awry. The other explanation puts Matthrew Shepard as having made a pass on one or both of the two accussed killers. Fast forward to after the fact. In response to this gruesome murder, a new call has been made for federal hate crime legislation. Federal hate crime legislation would put the federal government crime fighters on a new level and playing field. The idea would be to criminalize not only the act (such as murder, which already happens to be illegal on a state level), but also the rationale behind the crime. In this particular case, the two men could face hate crime charges if it is found that their murder was motivated by the sexual orientation. It would be an extension of the powers already wielded by the federal government in terms of "civil rights violations" (which is how the federal government managed to perpetrate a double jeopardy trial against the Rodny King cops). I believe that turning towards federal hate crimes legislation would be bad policy. Essentially, hate crimes are The "thought crimes." accussed is charged additionally with not only commiting the act, but for having unsavory reasons for doing so. One of the easiest places hate crime laws could be applied to is racist/sexist/ homophobic graffiti. It is one thing to prosecute someone for vandalism. That is easy. However, charging a racist graffiti artist with a hate crime is in reality prosecuting someone for the content of their political message or for having re- Russ Klein -(A)- by Russ Klein pugnant beliefs. It is possible that we can open ourselves up to real problems if we permit people to be prosecuted simply because we do not happen to like what their message says, or because we find their message morally repugnant. Think about it. In the where we supposedly land have "freedom of thought" we are faced with the prospect of being prosecuted specifically sides, if someone thinks I am gay, and has a problem with it, then you know, chances are I probably shouldn't be friends or associated with them anyway. One other valuable tool to deal with intollerance is education. One thing is for sure: People were horrified about the whole Matthew Shepard incident. It is a terrific opportunity to really educate people about the problems for the very thoughts we have within our head. I have no that exist for various commudoubt that there are people nities. One obsenely dumb who would say that "certain group of college students (a groups need protection as fraternity and sorority, specifiwell." However, this is the cally, I believe) set up a float wrong way to go, and perhaps ridiculing Shepard's experithe most dangerous political ence (they tied a scarecrow to solution to a complex problem. a pole and wrote "I'M GAY" You may be asking on one leg and "up the ass" on what some solutions may be? the other leg. The national fraWell, for starters, you can ex- ternity acted in a proper manamine the way you personally ner, by disbanding that chapter, and showing their disapreact to situations. 1 have noticed among the rest of the so- proval. But should these called straight community that people be charged with a crime there is an almost knee-jerk merely because they exhibited extraordinarily bad taste? No. reaction: If you proclaim yourself to be "pro-gay and lesbian The choice of paths rights" it seems like thereis an before us is pretty simple right almost immidiate follow up of now, but neither one will get us where we want. If we enact "even though I am not gay/lesbian" or something simmilar. hate legislation, people will I have caught myselfsaying it. still do heinous things to other It would seem that if I have no people (is it possible that this problem with being called recent Shepard murder could straight, and I am comfortable have been done for a reason with my sexuality, and I am OTHER than hate?) forracist, pro-"equal rights for gays and homophobic, or mysoginist lesbians" then what should I orientedreasons. Federal civil care what others think? Berights legislation has not ended the civil rights nightmare in this country, and there is simply no reason to believe that hate legislation will do any better. However, if we go down the other road, and counter with education and preaching tollerance, we will avoid the entanglements of instituted thought crime. Some may say that I don't understand the extreme difficulties that some other groups have faced. I am white, straight, and male. OK, I am Jewish, but I avoid antisemetic remarks against me by "not looking Jewish" (this doesn't mean that people don't callously make them around me, it just means that they don't say them at me). My elemetary school was paranoid withkids who had no idea why, but they hated Russians because of the cold war, but I simply never told anyone I was Russian, and my name was nice and German sounding. Yes, there are cruel people in the world. The extent of some people's hate is so strong, that it actually inspired them to protest at Matthew Shepard's funeral (I heard that they were minions of Reverend Phelps, who has apparently dedicated his time to attacking homosexuals by protesting their funerals. To read a sick rendition of what this "person" thinks, check out <http / / www.godhatesfags.com>, but beware, this will probably disturb you a great deal. Someone has finally done a counter at <http:// site www. godhatesphelps.com>). But punishing people for the thoughts in their head will not do anything to solve the problems. Ironically, it would do a disservice to people who were attacked because of who they are if we prosecuted their attackers for what they : think. Coming to UB Law... Brigadier General Theodore G. Hess UB Law Alumnus, Class of '78 and Staff Judge Advocate to the Commandant, United States Marine Corps "Managing a Large Firm" Friday, October 30, 1998, at 2 PM, in Room 210. All are welcome. �Volume 50, Issue 7 7 Peter's Brief 5... Continued from page 4 And I think waiting at the deli counter is cruel and unusual hicles. Judge Kahn ruled that the disabled's access to roads is not different than their access to public buildings. This R.M.S. Titanic Inc. alone was to have salvage, photography and visitation rights to recover their expenses. McDowell has ar- gued that the Virginia Judge's jurisdiction ends in Virginia and does not reach international waters off Nova Scotia. The case has been appealed to the 4th Experts fear the chilling effects this case will have. They argue that this will cause people to avoid treatment altogether and will force psychiatrists to break confidentiality. ... A.X.A. Ginger Spice. No doubt the sole reason for the discuss new Halliwell's role as UN goodwill ambassador. It is reported that she will again travel the world, this time promoting meeting was to AIDS awareness and condom And briefly use instead of bubble gum pop A book forthcoming Conservation also The Supreme Court has cleavage. A called World of and Encyclopedia refused to hear an appeal from a uses for vehicles. Judge and Champagne Sparkling An emergency disFlorida man who has been on Kahn ruled that the Wine threatens to in Volusia County disrupt patcher U.S. Circuit Court of Apdeath row for 23 years. InEUedge disabled's access to roads has been fired for usrelations Florida between and England v. Florida. William D. Elledge is not different than their peals in Richmond. France. The English author, Tom ing the 911 emergency line as claimed that this period of time access to public buildings. Stevenson, claims champaign a pick up device. The operator Tarasoff troubles amounted to the type cruel and This will allow vehicular A psychiatrist was developed by the English in frequently propositioned feunusual punishment prohibited by traffic on such roads as the has been foundliable for his 1662. This is 20 years before the male 911 callers and asked the Eighth Amendment. Justice emergency fireroad below them for dates. He was also French monk Dom Perignon beof Stephen Breyer was the only the state's highest peak patient's molesting a 10found to have used the emergan making hisfamed datingaid. -year-old boy after not projudge to express indignation at the leading to Marcy Dam. UN Secretary General gency database to look up viding a warning of the length of time prisoners are kept Kofi Annan, an otherwise busy women's ages, phone numbers There was a guy, patient's pedophiliac deunder the threat of death. and addresses. man, met this past sires. an Joseph DeMasi, He argued that the delays who controlled all the Halliwell, Geri with at the aspiring psychiatrist were due to laxness of the state Seas... New York Medical College, The first tourist prisoner. and not the actions of the was undergoing the mandato see the Tiexcursion Further, after 23 years, the purtory psychotherapy required floor tanic on the Atlantic a is no pose of executing prisoner to Continued from page 2 something to write about when complete his training. He this week wrapped up Paul longer served. Justice John told his DouDr. as to its therapist, they've run out of ideas. amid questions simiStevens, who had expressed and art?" I have news for you, Mr. Generation X, the Pepsi inIngram, led of fantasies glas by tour, The legality. silent The vast Stickney. lar views in 1995, was this majority of Generation, Baby Boomers, Australian Mike volving molesting young "movies, books, and art" are protime around. Generation Next...all these Though Dr. McDowell, used Russian children. duced or owned...by big, greedy are tools of "corporate things corporations. Sure, road kill is part of owned equipment to take Ingram discussed the revtelling as what to buy, The movie "Reality Bites," America," elations with his colleagues, European several and wild too the what to like, and how to feel. I which (badly) depicted the stereoAmerican passengers to no action was taken on the The Americans with Disfellow citizens, typed character of Generation X, encourage my regardless of their age, to conabilities Act has been found to the sea floor. In doing so information and DeMasi was produced by a big, greedy cortemplate that the next time someapply to New York State's forever they ignore a court order was granted his license to poration. Douglas Coupland's child J. one tries to paste a particular practice psychiatry. U.S. District Judge by wild areas. New York's Constitubest-selling book, Generation X. cultural label upon you. Don't Dr. that no Ingram argued Clarke Jr. who Calvitt tion provides for certain wild arwas published by a big, greedy corit from Douglas believe been had specific targets that R.M.S. Tionly Bunch," ruled "The poration. Brady eas, such as the Adirondack high the Hollywood movie Coupland, "Batman," and "Star Wars," culpeaks, to be "forever wild". tanic Inc., an American identified and that DeMasi or even (heh) TheBufindustry, tural touchstones of Generation X, salvaging outfit, has rights had claimed he would never Among other things, this prohibfaloNews. They all have someare all created, promoted, and exmolest really anyone. to visitation. its airplane and automobile intruthing to sell you. As Bob ploited by big, greedy corporations. 1987 Dr. In Clarke ruled in sion into such areas. a character created by Crachit, And Generation X, rather to be bought and sold Dickens In the first ever ruling of Junethat any visitation by DeMasi was found guilty than working for these companies, 3 boys, for molested having would devalue of the time, newspapers McDowell the in this sort, U.S. District Court Judge works to support them, consumwas ten being one of which the could tell a creation you: RMS Titanic Lawrence E. Kahn ruled that the ing their TV shows, movies, actions that much fun. suit of commerce isn't old bringing boy The year state Inc.'s investment. ADA overrides the figures, lunch boxes, and "the And the pay just stinks. book-about-the-movie" books. Constitution's protectioas of these Judge reasoned that the against Dr. Ingram and the Enjoy this week's issues Mind you, I don't believe school for failure to warn. company's removal of arareas. He found it was a "reasonI hope every one Opinion. of the there actually is a "Generation X." able accommodation" to allow tifacts from the ship, quite The suit against the school a Break. had nice As I've said, I think generational an expensive operation, was dismissed but Dr. disabled persons to use automolabels are something created by to be was found Ingram was an investment in presbiles on roads which the state's S.A.Cole writers of social commentary, as Editor-in-Chief Department of Environmental ervation to the benefit of partly liable for the damages Conservation also uses for ye- all mankind. Therefore, the molested child suffered. ... Cole's HUUUGE Editorial DPOLMITCNA ALLEY R aisn by fioss v\.un(v �October 26, 1998 * Volume 50, Issue 7 8 Environmental Law niwwi" 431> 1 Colloquium *"» will meet Paul Reitan Professor Emeritus Department of Geology SUNY Buffalo _„ Wednesday, October 28, at 6:45PM GREENOUSE EFFECT AND GLOBAL CLIMATE CHANGE: REAL? Monday, November 2, 1998 4-6PM Room 212 O'Brian Hall nriiirii IUI 1 rinn cam do. *s?eM*r ny vtoRK- "fctT" l/iTrtr V/r\6M You ,v iV¥"V tfUP COURSE*, [WrrH NO CLONES I ?WrTftVßda;>t\C» 3uc« T«nK fwV :: (towel! Room 210 LUJ | | Motictftßtt LSfIT |mo j™ ={ i ON? ( iL\ <*;fly mLmV viSs^ 5 owtf 2l»\ Y*l-V vM To-£st USE. TU&-B.RT. HAie."Re&c>xe Txfo\ & M Vouß. I LSDS \loK.\onX& FLUNK/ Ik MHsM? V SCHOOLS. .. oR,Qmr "II ~*"U frer tbvA Usu? 3 I I PiK^lJCl«^^^fe J J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-10-26 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8a55b343465830e74076aee2a86b11b3.pdf 9e23a7fa731b56b22e83da51b88203ea PDF Text Text UB Law School's "Preeminent" Student Publication wings.buffalo.edu/law/opinion fhe Only News You Need f.u; J. 05, S.lO Canada (/«»! kiditing) 50 OPINION YEARS OF THE OPINION >>>o^^^::^^::^^^:•^:'^^:■^^:::-::^^^:^::::■:::::::::::::■::::::::::::: :^:: x: Vol. 50, Issue #8 "Vi Veri Veniversum Vivus Vwi" November 2, 1998 Comments on the Death of Dr. Slepian Professor Lucinda Finley Comments on a Women's Right to Choose tinues to work on this clinic- by S.A. Cole On October 23, 1998, Dr. Barnett Slepian was shot and killed, gunned down by a sniper whom authorities believe to be responsible for the shootings of at least four other abortion providers. This incident is the latest in a string of abortion-related violence in Western New York. On October 29, the Opinion talked with UB Law Professor Lucinda Finley, who is deeply involved in Western New York's struggle to protect a woman's right to choose. Professor Finley, who argued the abortion-related case Schenck v. Pro-Choice Network ofWestern New York before the U.S. Supreme Court in October of 1996, and con- protest injunction case before the U.S. District Court here in Buffalo, is familiar with the harassment and threats experienced by those who obtain or facilitate abortions. "Anyone who's involved in protecting, securing, and providing abortions for women is a potential target," said Professor Finley. "Everyone who works in providing abortion services constantly gets threats." "People who run clinics, or work in clinics, get crank calls—or who knows, maybe not so crank. They get threatening phone calls at their homes all the time." The problem becomes deadly when coupled with the difficulty ofprotecting the lives of abortion advocates and providers on a day-to-day basis. "Every time something tragic happens, for a few weeks or months, everything will be on high alert-and then people will get complacent again," said Professor Finley. "I think we're kidding ourselves if we think law enforcement is going to [protect] all of us, every day, for the next eighteen years." However, Professor Finley firmly believes that the recent violence, and the constant risk, has not deterred those committed to a women's right to decide her own reproductive future. "The outpouring of calls from doctors and physician's assistants around the country offering to come help out the clinic in Buffalo has been very gratifying..so certainly not all doctors are being scared away." While Professor Finley acknowledged that some doctors may find the dangers too great to continue performing abortion services, she stressed that "I could hardly blame someone for putting their personal and family security first." When asked about the viability of performing abortion services in hospitals, iastead ofeasily targeted clinics, Professor Finley responded with a look at the history and role of clinics in the women's movement. "There is a very long and complicated history here. Initially, the move to clinics, shortly after Roe v. Wade, was part of the women's health movement, when not very many hospitals would provide abortions, and those that did were charging extraordinarily high prices. "For first and second trimester abortions, there's absolutely no medical reason why it needs to be done in a hospital, and abortion done in a hospital is invariably going to cost at least twice, maybe three times more. So the initial move to clinics in the '7()'s was a feminist health-movement inspired trend to make abortion more accessible to more than just middle and upper-class women, and wanting to have it in a women-centered, caring, compassionate ter, my friends, strangers are Mourners left flowers and signs in rememberance of Dr. Slepian at the premises of his office on Maple Road on October 25, 1998. Continued on page 3 Professor Carr Speaks out on the Parker Verdict, Slepian's Murderer, and Hate Crimes by Russ Klein and Peter Nicely pointed out that from this side of thejudicial system, we can't be sure of why she came to that The conclusion of the conclusion. "When she enJonathan Parker murder trial tered into deliberation in the and the assassination of area sentencing phase, she already 08/GYN doctor Barnett heard the evidence that Parker put in mitigation. So it may be Slepian thrust the criminal justhat that is what moved her to tice system back into the forefront of debate. the point, and the law says she The jury in the Jonathan is allowed to do that if she hears Parker case finally returned something in the mitigation with a sentence of life in phase that she is satisfied it stands in mitigation of the prison. Carrreacted to the sendeath sentence." tence by stating that "as a perWhile some talked about son who is not a proponent of the death penalty, I would say possible sanctions for this juit's a difficult thing to be satis- ror, Professor Carr said it fied with one way or another. would set a bad precedent. He Onehuman being lost his life, compared it to the attack now for what is essentially a senseagainst the Clinton Presidency, less reason no matter what it not for how it would hurt the is, and another human being president personally, but for has all but lost his life. I mean, how it will affect the institution this is a kid compared to me, ofthe presidency. An attack on at least, and he'll be in jail for this one juror could have a "chilling effect" on future juthe rest of his life with no possibility ofparole, so its a lose- rors. Carr said that he believes lose situation, but I think for that it stacks the deck to exme its preferable to killing." clude anyone unwilling to supThe aspect of the sentence that sparked the most port capital punishment from a outrage for many people is the death penalty case. "What it report that one jurorapparently says is that at least there is no refused to consider the option chance from what people say of the death penalty. Carr here, that they won't consider . this. There is every chance that they will. I don't think its really fair." Professor Carr pointed to life in prison as being a worse sentence. "I made a choice to do an act of violence, and as a result of that, I can't make anymore choices." He scoff- | ed at those whopointed to cable television and nice sneakers, saying "the truth is that somebody else has the key." Once we execute them, "they are dead and gone for all we know, its over for them. You put them in jail, every day they have to think that my brother, my sis- doing their Christmas shopping now, taking their kids to a movie, eating at their favorite restaurant, and I'm here." Following the murder of Dr. Barnett Slepian, there was Continued on page 3 STUDENT LOUNGE ALERT!! Inside This Issue... Tardy Law School 3 Grades "Will the lounge be done before we graduate?" --an SBA student representative, at the October 28th SBA meeting. After being informed about students disgruntled at the amount of time the reno- the Opinion: "The lounge will be done in two weeks." SBA President's Report. 3 Students should be on the lookout for a memo telling them when and where to register their ID numbers so that they can have access Ahren at the CSO tells it like it is!. 4 vation of the student lounge is taking, Dean Carrel told to the lounge. Dan's Super Cool 12 Sports Page Plus pictures!! �2 November 2, 1998 Stress Management: Calming the Rage Within The other day, I almost put my @#$% boot through my @#$%& computer. The reason? Well, there were two. The first one: I couldn't find the little computer command on "Microsoft Word" to make my document format to "line skip." Oh, 1 found the icon to make my document look like a 17"-century marriage contract, and I found the icon to make my document look like a futuristic domestic partnership agreement. But I couldn't find the "line skip" icon, even though when I use "Wordperfect" (generally thought to be the same thing as "Microsoft Word" especially by many people who submit to the Opinion) I find it with practiced ease. Like a stereotypical fifties secretary, iastead of a hip, technologically-adroit nineties law student, I called my boyfriend to fix the problem. The conversation went something like this: "Hi, darling/" "WHERE IS THE , GODDAM 'LINESKIP BUTTON ON YOUR NO-GOOD COMPUTER, YOU LOUSY PIECE OF MMMMMFFFFFFFFIIISOSDOIF... " Only a subsequent explanation, telling him I was in the middle of a midterm (take home. Honor code. Had to be typed.) saved my relationship. But then again, it may still be in jeopardy. Because, aside from what will soon be known in my house as the "line skip" incident, there is another boot-through-the-computer thing going on in my life. It's a phenomenon I'm sure all of you can relate to: the semester is well on its way to being over, and my life is turning into a high-stress, sleepdeprived mess. I don't know about you, but times like these inspire my imagination to new heights of violence and creativity. They also inspire my nearest and dearest to run for the hills, or, at the very least, make sure I am presented with a stiffdrink to de-fuse me at the door. Because of these nearest and dearest, I do my best at these high-stress times to get rid ofalmost all my aggression, anger, and angst before they come home, or when they are in another room. This involves a bizarre amalgam of activity that really makes me see...well, sort of weird, but also saves me lots of money on therapy. In the interest ofhelping out my fellow law students, I would like to share some of these techniques with you. Bear in mind, what's good for the goose might not be good for the gander, or, more colloquially speaking, what's good for the Opinion Editor might not be good for the People She Inflicts the Opinion On. But it's all in good fun, 50... Patented Cole StressManagement Technique Number One: INTERACTIVE NEWS WATCHING As my first-year roommate will tell you, there is nothing I enjoy more than unleashing the pain and anguish that is my life on the innocent faces of Bonnie Batista, Wolf Blitzer, Dan Rather, or that cute couple, McNeil & Lehrer. "This week, President Clinton admitted to indulging in an 'inappropriate relationship' with former White House intern, Monica Lewinsky. Analysts say- " "Quit mincing words, Wolf! She jackedhim off! Who gives a rat's ass what 'analysts' say, I want you to find the tapedphone sex calls! We managed it for Nixon! Don't let me down, Wolf! " As that same former room mate will also attest, getting your rocks offlambasting media figures is a rather unmerciful amusement for those WEQOTLETTERS! DearEditor ofthe Opinion... The Opinion welcomes letters to the editor from all members of the UB legal community. If you don't speak up, people can't hear you! Editor in Chief. Graphics and Layout Editor Business Manager Managing Editor I S.A. Cole Ken Grant Dan Baich Cindy Huang Staff: News Reporter News Reporter Columnist Op/Ed Editor News Editor Web Editor Web Editor Photographer Russ Klein Vacant Leonard Heyman Russ Klein Ken Grant Columnist/Chauffer Columnist Columnist Columnist Columnist forced to share your TV with TURES OF BAD PEOPLE. you, but hey--it's better than Who are bad people? climbing to the roof of your Why, anyone who gets in my apartment with a loaded shotway, of course! The less exgun, eh? travagant (and non-occult) Patented Cole Stress- equivalent of a voodoo doll Management Technique with pins, drawing unflattering Number Two: SHOPPING. portraits of one's enemies is a Yes, for clothes. Hey— great way to achieve inner lay off, I'm ashamed of myself peace. as it is (this is one of those Think you can't draw? "dirty little secrets" you don't Bah! As anyone who's seen broadcast for light or transient my drawings can tell you, I causes). have the artistic talent of an And what do you epileptic frog/Editor's note to MEAN: "She buys new her own editorial:please note, clothes?" the author is not making fun Patented Cole Stress- of epileptics! As history Manag—aw, you know what shows, an unusually high numabout: ber ofepileptics haveachieved talking I'm FLAMBOUYENTLY SMOKgreat fame in the visual and ING CIGARETTES. literary arts. What the author Nominally, I have quit. is actually making fun of is Or rather, I go long stretches frogs, the irony being, even if without smoking. Or, evena frog had the artistic benefit more-rather, I haven't quit at of epilepsy, they have no arall, but I'm a lot lazier about tistic talent.] But everyone is finishing a pack than I was in a poet, writer, artist, or modmy collegial years. Now, I'm ern dancer. So draw your Redown to about a pack a month. search & Writing instructor! For all you non-smokers Give 'em fangs! Draw the out there, you don't need me to idiot who puts the Opinion in tell you: don't start, no matter your box every week! She's how stressed you are. responsible for the demise of But for all you smokers hundreds of trees! She gives out there, I bet you understandyou more stuff to read! That -there's nothing like the delight bitch! of stress coupled with a chokey, Technique Number Five: KILL EVERYONE smoggy cigarette. When smokWHO USES TOO MANY ing a cigarette, a frantic interlude that you had no control EXPLANATION POINTS. over suddenly becomes a scene Excuse me. I have to where you're the mover and the jump off a bridge now. Enjoy shaker! (No, really, all that cigathis week's issue ofthe Opinrette advertising has NOOion! Have a great week! OOOO effect on me). The enHappy stress! tire attitude of the stresssmoked cigarette conveys an S.A. Cole air of"Things may be about to Editor-in-Chief explode, but if they do, I'm the one who lit the fuse." Of course, the heart attack you later get conveys the air of "God, what an idiot I've been," but hey, those extra twenty years of life span are probably over-rated, anyway. Technique Number at Four: DRAWING BAD PlC- Dave Allen Peter DeWind Howard Beyer Gabe DiMaio Randy Janis Katie McDowell Peter Nicely Adam Perri The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is thestudent newspaper of the Stale University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express coasent of the Editor-in-Chief and piece writer. Submission deadlinesforall articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00PM, please). Submissions should be saved in IBM WordPerfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed at the Buffalo Newspress. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your male-rials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints ofits various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vtvus Vici. "We have a First Amendment and we know how to use it." The Opinion's deadline is Thursday about SPM. All submissions should be in Word Perfect 5.1, and for safety's sake include a hard copy. Either leave a copy with us in the office, or in box 27 or box 95. �Volume 50, Issue 8 3 Tardy Law School Grades Comments on the Death Dr. Slepian Impact Students on Financial Aid ofContinued from pg. 5 able to register for classes. By S.A. Cole They've check stopped my Editor-in-Chief Late grades are often account." an inconvenience for law stuFinancial Aid, when dents, as they try to get jobs, asked generally about this figure out study techniques that matter, told the Opinion: work, and in general recover "That can happen with the from the stress of classroom TAP awards. You see, we performance anxiety. Waiting have to certify that a student months, or whole semesters, for has completed a certain a grade can be frustrating, but amount of work, and if the there's another aspect of late grades aren't in to get that grades that occasionally has certification, then there's no dire consequences. way to find out if they have "Every semester, I get sufficient credit to be a fullmy financial aid, and then they time student." take it away again," said a 3L, This problem only affects TAP and SUSTA, but speaking on condition of anonymity. "Our law professors definitely poses a problem don't give anyone any grades. for students whorely heavily It's a violation of the honor on financial assistance to get code for me to talk to the prothrough law school. fessor about my grades before According to Fithey're out. But then I don't nancial Aid, the problem can have enough credits, and my be rectified the next semester, when the grade is in. Financial Aid gets revoked." This student spoke "One the grade comes in, the anonymously to the Opinion award is re-instated. The for several reasons. One was grades are, as far as I know, the fear of retribution on the never more than a semester part ofprofessors late with their late." As we know, it is a grades. Another was their feeling that the honor code might rarity, but grades can be over be jeopardized by the mention a semester late at the law oftheir name coupled with late school. Late grades, coupled exteraship grades, which would with financially challenged make them readily identifiable. students, can result in sever Yetanother was their economic problems over tuition, enrollstatus, which is shaky due to ment, and meeting living exrevocation of Financial Aid. penses. "When they [Finan"I have no control cial Aid] finds out that the over how long it takes my grades aren't m...they take the professor to put my grade TAP money away. When New in," said the 3L. The student York State takes the money then lamented the amount of back, then they take the SUSTA time and worry this problem money away. I got a bill for has caused them, and their $1,500, right after I got the wish for the law school and Financial Aid to come to check for that amount." "When registration some resolution over the time comes around, I won't be matter. Professor Carr speaks... Cont'd from page 2 a report that with the present evidence, there was only enough to charge a potential suspect with second degree murder, and thus no death sentence. Professor Carr said that "In NY state, now that we have the death penalty, its covered by section 125.27 of . the penal code which is murder in the first degree. There are 12 aggravating circumstances that make you eligible for the death penalty .[including] killing a officer, police killing a corrections officer, killing someone while you are incarcerated in prison." Carr said that one possibility was if this turns out to be a contract killing, which is also covered by the statute. Carr rebuffed suggestions this that might be considered a crime. Even though New hate York State does not have a hate crime law on the books, he points out that there are already plenty of other laws on the books that cover a variety of crimes. "I can charge him with murder in the first or second degree, then in addition to that, I'll charge him with this hate crime. I don't know if we need that." While there are times, Carr said, that hate crimes might be desirable, he said that he believed that we already had sufficient laws on the books. Professor Carr concluded by stressing that we need to reconsider our mode ofaction with regards to the penal system. "We seem to be focussing our attention on trying to punish people after they have crossed the line, when I think we might do better. Its justlike drugs. The truth is, we have tried interdiction and incarceration for drugs for over 40 years, it's been a miserable failure." He offered the alternative of education and treatment from the front, to try to prevent many of the problems that we have now. "As a society, we seem ill equipped to stand up and say 'you know, we tried that, and it didn't work, we need to go down another path' when that is what we need to be doing." environment, rather than having it in the often impersonal chaos of hospitals. "There are many positive aspects to the whole clinic movement and experience, but the creation of clinics did further let hospitals feel like they didn't need to provide this service. "So clinics remain very necessary, but yes, it continues the problem of the medical marginalization ofabortion providers, and the greater vulnerability of the staff and patients ofclinics to harassment and violence." Professor Finley added that hospitals that provide abortions do get picketed. "The picketers, obviously, don't know who's going into the hospital for what reason...they just harass all the patients." Recently, the mainstream media has noticed and focused on a website called the "Nuremberg Files," a rightwing site that lists abortion doctors, the addresses of their homes and businesses, and a great number ofpersonal facts. When the "Nuremberg Files" were mentioned, Professor Finley had this comment: "I'm wondering why the media has all of a sudden discovered this website, it's been around for quite a long time." She also mentioned that these extremist anti-abortion groups are linked to white supremacist and militia-groups. Several groups, such as the Institute for First Amendment Studies, and the Southern Poverty Law Center, track the development of these sites, and trace the many ways they overlap. When asked if a revising mented on the nature of the provisions of Roe v. Wade, right-wing anti-choice miliperhaps by limiting abortions to tants: the first trimester (except for in "I don't see how anythe case ofemergencies), would one, in good conscience, afquell some of the stark emotions ter what's been happening, surrounding the abortion debate, can call anyone associated Professor Finley commented: with that movement 'pro"I think it's true that life. People who are truly people, at an emotional, gut pro-life do not go around level, feel less queasy about first advocating killing, encouragtrimester abortions, and if you ing killing, and doing killing. talk to most physicians who do So what they really are, is abortions, they'll tell you that anti-abortion." Professor Finley's uldoing later abortions is an extremely emotionally wrenching timate conclusion is that thing to do. But for people who anti-abortion militants are are opposed to abortion, they are motivated by an apprehension regarding the blurring of opposed to abortion," no matter how early. These forces, she gender roles in society. Nuadded, are not only opposed to merous works have been abortions, but continue to speak published, asserting that the world-view of anti-abortion out against birth control. Professor Finley is not activists only accepts "tradioptimistic about a quick and tional" gender roles. Scholars have characterized the easy resolution to this increasmindset of such people: ingly violent issue. "Unfortunately, I am pes"They feel very threatsimistic; I do not see it ending ened about women controlling their fertility, either any time soon. In fact, the viothrough contraception or lence has been escalating. One would usually not know from abortion, because they see it reading the media...for example, as a disruption ofthe natural in 1997 we had the most clinic order, where women are supbombings occur around the posed to 'Be fruitful and country since the mid-80s. If multiply.' I agree with that you look at trends, the violence analysis." is getting worse. It's not dissipating, or alleviating, at all. "I wish I could offer some words of optimism, but I see an even bleaker future...but on the other hand I think that, as more people become aware that it's not just abortion under attack these days, politically and medically, but also basic birth control/contraception, I think that may galvanize the sleeping Professor Lucinda Finley, masses out there." ardent pro-choice supporter Professor Finley com- . 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Phone model may vaiy. �November 2, 1998 4 THE PRESIDENT'S REPORT By TONYA GUZMAN Dear Fellow Law Students; I am on the Executive Board for Sub-Board I, where part of my responsibility is to sit on the programming grant committee to decide who receives the funds and how much. If any organization plans to submita grant request to Sub-Board your organization would be in a better position to receive funding ifI am aware of your application and the details involved. Additionally, I can discuss with you how to "word" your application in order to avoid decreasing or dismissing your request. Programming requests will be taken again in the spring, please see me if I can be ofassistance. Many concerns were voiced at the last SBA meeting. Andrew Zackroki and I met with Dean Olsen to discuss the following issues: 1) The Computer Lab: Q: Why is the lab monitor sometimes missing in action? A: The monitor is paid to be in the lab at the designated times at Dean Olsen will further investigate this problem. Q: Can the lab stay open until 11:00pm on Sundays, the same as the library? A: The lab should be open the same hours as the library, this is a "node" problem but he will look into the matter. Q: Can the school add an extra printer to the lab? A: The Dean will look into possibly getting a draft printer. Q: Some students do not know how to access their pine/unix accounts. A: Pine/Unix workshops will be arranged. Please be mindful of other students using the computer lab. If you have a large printing job, consider putting it on disk and downloading later in the evening when less people are trying to print. Additionally, as an alternative, there are computers in Baldy. Let's extend common courtesy to one another. 2) The Library Q: Can the library stay open longer, possibly 24 hours? A: The problem is having staff present, paying them, and safety is a concern for students who leave the campus at night. Q: Can classrooms stay open at night as an alternative? A: 'He will look into having 1 or 2 classrooms stay open at night with 1 person to monitor the classroom. Having security will also have to be looked into. 3) Parking! Q: There are not enough spaces, can something be done? A: This has always been a problem and is likely to continue to be a problem. The law school has nothing to do with the parking lot. State capital is used and they base the number of spaces in accordance withresearch. 4) Externships Q: The complaint is that students are not being allowed to choose their externship or participate in an area of their interest. A: Externships now have new ABA requirements. Having the instructor choose is now a requirement. Having students arrange their externship is not allowed because you eliminate the possibility of other students not working orbeing chosen. The objective is not have biases enter the picture by not having employers pick and choose students. 5) The Student Lounge I met with Dean Avery to discuss the change in no longer reserve allowing students to the lounge. The intention behind the renovation ofthe lounge is for it to be a lounge and not a meeting place. The administration does not wish to deny access to anyone. Therefore, at this time organizations cannot reserve the lounge. However, Dean Avery is willing to reexamine this after the lounge has been open a while. 6) TheAppointments Committee The following students were appointed to the various committee's. Academic Policy and Programs: Anthony Elia, Carolyn Goodwin, Joe Huang Academic Standards and Standing: Stephen Coolbaugh,Karen Connoly, Rachel Trapp Appointments: Rochelle Jones, Ed Russell Budget & Program: Ahren Astudillo, Audrey Barr Faculty Student: Lisa Bertino, Emilio Calaicocicho, Rayne Hammond Library: Ellen Sturm Planning & Evaluation: Sarah Knieser, John Michailidis Public Interest/Fellowship: Mindy Marranca Special Needs: Kirsten Barclay, Jason Bowman This room has a rocking chair, crib and changing table, enabling moms to have a private space to nurse or change your baby. (Dads allowed in also) The nursing room is located on the sth floor next to the clinic. Tim in the 3rd floor mailroom is now a notary public and a fax service has been added. A big applause to the administration for addressing these needs! Thank you to Kirn Fanniff, Dean Fleischmann, Rebecca Monck, and Andrew Zacrocki for making the UB Bulls v. Morgan State a fun event for the law students. Remember, the Student-Faculty Happy Hour is November sth, at 4:30 in the sth floor faculty lounge. Your SBA reps are doing a great jobbringing forth your concerns, please contact myself or any SBA member if you would like us to address any issues. Tonya GREAT ADDITIONS! There is a nursing room now open to students and faculty. What Role Will the Career Services Office Play Throughout My Law School Career? public interest activities, I What role will the Career Services Office play am not limited to that practice area. I am glad to meet throughout my law school career? with any student seeking search, resume, cover Career Services Ofjob The asfice provides resource and letter, or other career assissistance to all University at tance. We also have Gale Buffalo Law School students Strauss, the Administrative and graduates seeking career Assistant for Services. She and job search guidance, inis here to answer your dayformation, and resources. A to-day questions, among starting point for job seekers them: current job postings, reciprocity, alumni lists. seeking prospective employers is the CSO library What we do? We try (Rooms 610 and 611). It to provide a foundation for includes articles and employer your job search. First the literature from a broad range career services office pubofcareer sectors. If therooms lishes a weekly newsletter seem a little overwhelming, that highlights current CSO staff is able to provide events, opportunities and some guidance for these other resources. This includes resources. The Job Book job listings which we con(Room 609) contains the most sider prime, very interestcurrent active listings. These ing, or of strong interest to are employers who have conour readers. Next, we schedule a tacted CSO to elicit applications from students or graduseries offundamental proates. grams to introduce firstAudrey Koscielniak, year and transferstudents Assistant Dean for Career to the world of legal emServices, is just one ofthe ofployment and our office. fice members with whom you The first was our Career can make an appointment for Information Fair that job search assistance. You can brought attorneys from a also meet with Dawn broad range ofpractice arSkopinski, the Administrative eas and settings to talk with Assistant for Resources and students about possible Public Practice, or with me, options. Currently, we are the Assistant for Public Interconducting our mandatory est. Although most of my Orientation and Resume work entails coordination of Writing sessions for lLs. Students need to attend only one ofthe available sessions ofeach program. The Orientation meeting is designed to introduce the staff, services and calendar for legal recruiting. If you missed the two sessions last week, there will be another held on Wednesday, November 4, at 8:45 am in Room 214. The Resume Writing sessions seek to set the General framework for a resume. This week sessions are: Monday, November 2, 11:45 am in Room 107 Wednesday, November 4, 3:15 pm in Room 107 The CSO will hold two sessions outlining the summer job market. Geared to ILs, the sessions will be held on: Tuesday, November 3, 9 am in Room 107 Monday, November 9, 11:30 am in Room 109 Throughout the year, the Career Services office brings in employers, alumnae and others for career panels; These panels will inform you about your optioas for employment. An example is our program on judicial clerkships, which will be held later this month. Once again our speaker will be our own Dean Nils Olsen who clerked for the United States Court of Appeals in the 7th Circuit. Other topics are scheduled later this year and are expected to include the JD/ MBA option, a post-graduation Asian Law Journal at University of California Call for Papers TheAsian Law Journal at University ofCalifornia at Berkeley (Boalt Hall) is accepting submissions for publication in Volume 6, to be published May 1999. The Journal is seeking articles, casenotes,comments, book reviews, and recent development pieces. The Journal welcomes submissions from anyone; you do not have to be a student or professor to submit. Criteria for submissions in- elude: a discussion of issues which affect Asians, legal analysis, strong support, and complete and accurate citations. Works may be submitted to the following address:Asian Law Journal 589 Simon Boalt Hall School of Law University of California at Berkeley, Berkeley, California 94720(510) 643-9643 FAX: (510) 643-6171 e-mail: alj@ rocketmail.com. Thank you for supporting Asian American leg. i scholarship! fellowship and debt management. In addition, CSO staff members are available for one-to-one meetings to review yourresume, cover letter, discuss interviewing techniques, develop job search strategies, or evaluate your options. To set up a time, see Gale in Room 609. Come to my office(Room 612) and, if I can, I will meet with you immediately. Our support does not stop once you have graduated from law school. We recently changed our name to reflect the fact that this office provides continuing service to any University of Buffalo alum(new grads or many years out) who need assistance. One tool that has proven useful to our graduated students is our database ofall Buffalo alumni employwith their ment(current and past) information. You never know when you might see a friendly face. Again, if you have any questions, comments or letters, please submit them to Box #4, so that I can answer your concerns in the next column. Ahren Astudillo is the Assistant for Public Interest Law in the Career Services Office �5 Volume 50, Issue 8 Travels with A.A. Noel Criminal Law Society Educational Panel By A. A. Noel I planned to be spontaneous; I just never got around to it. Sometimes you have to wait for the right moment. My friend, Rachel, and I were talking to each other on the telephone. During our break, many One Ls would be going home or taking time off to relax. She was going home for much needed family nurturing and was aghast that my only plan was only to stay in town and work on my outlines. Vacation times were for recharging batteries and readjusting your worldview. It was her opinion that only a loser without a clue would waste the opportunity. I admit she jolted me into thinking. With law school comes the stress from the challenges. I had been ragged. Maybe a trip was what I needed. Over the last few years, any travelling I did involved weddings in not too distant cities, job interviews, or funerals. One time it involved Iraqis and an Ml6 rifle. Spurred into spontaneity, I called American Airlines, with whom I am a not so frequent flier in their frequent flier program. Now was my chance to rack up some points! I booked passage on a 767 to London's Heathrow Airport. A short-term loan from home and a resolution not to go to the cinema or to dinner until well into the next millennium made this dream happen. During my vacation... yes, that is right—VACATION, I did many things I have always' wanted to do. My profile darkened the vaults of museums and the interior of churches. 1 saw where Winston Churchill led Great Britain during "their finest hour." I walked the stony path where Sir Walter Raleigh tread for 13 years as a prisoner in the Tower of London. I learned that Americans like Margaret Thatcher more than Brits do. Just because an Englander speaks English, that does not necessarily mean he can be understood any better than a street vendor from Yemen. That isjust the accent, forget about the vocabulary. Cookies are biscuits, chips are crisps, and fries are chips. Why did Hitler want to invade this place? I had a great time and I actually did a little schoolwork on the plane. My first vacation abroad was successful. My thanks to Rachel for kicking me in the arse. You see, they say arse in England instead of butt. My last vacation was Spring Break 1985. Three chums from my high school days decided to trek down to Fort Lauderdale. They invited me to go. I was truly surprised and wondered why they wanted me to accompany them. Would my Noel Coward-like dry wit make the long travel easier? Would my James Bond-like savior faire attract the ladies? Sadly, it was because they needed a fourth guy to share the hotel room. My newly approved student MasterCard with the whopping $500 limit also locked in the room reservation. Laptop By Peter DeWind It was not long after I received my acceptance letter that UB envelopes began to arrive on almost a daily basis. One of these missives advised me that I was rapidly entering the digital age. It told me that I would be at a huge disadvantage if I did not own a computer. The educational experience was becoming digitized and the professional community was rapidly converting to electronic resources. I was standing on the tracks and stood to be run over by this digitaltrain unless I took some action to board it. The letter opined that by purchasing a laptop for use at school I would experience the maximum benefit ofthis digital revolution griping the university. Now I see the letter was correct. Using a laptop in O'Brian hall does provide a great many benefits. Unfortunately, most of these benefits result from the insufficient accommodatioas this school provides to laptop users. Using a computer requires power. This generally Initially, I was against it. Why spend all that money only to be turned down by a throng of bikini-clad vixens when I could save money and get turned down by the parkawearing princesses from Buffalo's West Side? My friends tried to convince me to unclench my buttocks and throw reason to the winds. In a rare moment of weakness, I agreed. The following week I was on an Amtrak train to Florida. (It worked to my advantage. I reasoned the 24 hour train ride allowed me the time needed to write a paper for my "Physics for Poets" class.) I forgot about the frigid climate back on campus and reveled in coconut scented splendor. I drank my body weight, tanned wonderfully, and many a bikini-clad vixen rejected my advances. I learned to surf, ate oysters for the first time, and sang Jimmy Buffet tunes as an orange sun peeked over the Atlantic Ocean. I learned this world's saddest sight is an unopened twelve pack of Trojans that have been ribbed for her pleasure. I returned tanned and wellrested. I got an "A" on the "Physics for Poets" term paper. Sometimes it is good to unclench one's buttocks. The Criminal Law Society is happy to announce the first in a series of educational panels. The panel will be dedicated to local prosecutors and is scheduled for Wednesday, November 4th at 7:00 PM is room 109 of O'Brian Hall. The Speakers scheduled for the panel are: Kathleen Mehlretter Criminal Division Chief, U.S. Attorney's Office Paul Moskal Chief Counsel, Buffalo FBI Office Peter Weinmann Narcotics Bureau Chief, Erie County DA's Office The presenters will speak about the nature of their jobs and how best to prepare to become effective prosecutors. The panel is an excellent opportunity to initiate the summer job hunt. lL's are especially encouraged to attend. Keep your eyes open for future panels, including a panel dedicated to defense attorneys next semester. Dances requires the presence of outlets sity of New York at Buffalo from which to acquire this School of Law's students the benefits to using a laptop power. Yet, even a brief perusal into the digital century. of the lecture halls immediately Admittedly, the situ- in O'Brian are derived. evinces that there are not enough ation isbetter on the second It starts on the first day outlets to accommodate the floor. Room 209, for exof class where one learns to be people who need them. ample, has 72 plugs for only extra early to try and claim one The main lecture hall, 48 seats. This works out to ofthe coveted seats. To be late room 106, has 160 seats. There 180 volts per person. More is to be denied access to a plug. are 4 outlets in the room. At 2 than enough power a comThis trait oftemporal diligence plugs apiece this is a total of 8 puter and a half for each is reinforced by anyone interplugs to serve the students. At person. Unfortunately, the ested in using a laptop in the 120 volts for each plug, this plugs are only accessible to library. Laptops are only peramounts to a total of 960 volts the outside rows. A similar mitted in a few of the study for the entire room. Andy problem is evident on the carrels. These are dispensed Warhol divided the amount of first floor where the plugs on a first come, first served fame available through mass are only accessible to about basis necessitating that one media into the total number of 12% of the seats in lecture arrive early in the morning to people alive to arrive at the very hall 106. Having enough acquire one. Ben Franklin democratic 15 minutes of fame cumulative power is not sufwould have loved our carrel for each person. Here, we find ficient. system and the wisdom it prothat each student in lecture hall Anyone wishing to motes. As these carrels are 106, home to many of the first access a plug must, thereoften gone by the end of 8 AM year classes, is allots 6 volts per fore, sit in one of these classes, anyone wishing one person. A similar calculation prized, power accessible must simply skipthe beginning from lecture hall 110 finds that seats. Many of these seats of an early class in order to each student is allocated 5.333 are at the extreme rear of stand in line for a laptop carvolts. the room. Such seats are rel. This has the benefit of alEach student receives the unacceptable to many ofthe lowing one to practice managstudents who use laptops. ing schedule conflicts. To do equivalent voltage of 4 AA batteries. This is enough power This only serves to exacerotherwise is to learn respect for both my TV and VCR remote bate the competition for the authority which using a lapto controls. This is not enough prime, powered seats. It is provided me when the library power to bring the State Univer- from this fact that many of staff kicked me out of the other, laptop free carrels. There is nothing to promote problem resolution, arbitration skills, and leadership respoasibility like a great many people competing for the same scant resource. After the first few days of class a carefully orchestrated ballet emerges from the first floor lecture halls. The chaos of everyone struggling for an outlet gives way to a natural and reasoned order. A few people choose to distinguish themselves by taking leadership roles and providing power strips for the surrounding students to use. Everyone comes to know which stripthey should plug into and when. This exercise in the development of order is only available to the laptop user. Cooperation and punctuality are also promoted through the sheer number of interconnected multiplug power strips, cables, wiresand bags crowded into a constrained space between the already narrow isles. The sum effect is similar to that Continued on page 6 �November 2, 1998 6 Is the SBA a DICTATORSHIP? by David W. Polak, 2L, Class Representative Well, I don't think you have to ask my opinion, because by the time you are done reading this article you should be seeing the true colors ofthe SBA this year. Don't get me wrong, there are some very hard working individuals giving 110% for you, the student body, but there are 14 new class directors with no experience in the SBA process. As a result, one person continues to act for you. When confronted, she talks just like a typical politician. She tells everyone who is not keen to her ways what will make them happy, but turns around and does what she wants in the end. What are the issues or instances that I speak of? 1. The down payment for the Barrister's Ball has been allocated, and a check cut for Samuel's. The poll taken from the student body favored a downtown location, but Samuel's was already selected without even a vote from your class directors. Your student activity fees are being used, and your representatives can't even speak for you. I asked at the October 28, 1998 meeting if other locations were looked into, and a list was rambled off. I was told that Samuel's was the best deal. So I asked what the cost benefit is of Samuel's over a downtown location. I was given a reply of, "[a] $25 a ticket versus $40 a ticket". That information is incorrect, because there is a hotel downtown willing to beat the price of Samuel's, and throw in hotel discounts. I cannot confirm if other locations were even looked into, because no supporting material was brought to the general SBA meeting for your director's review and vote. In addition to the ticket price, about $2000 of your studentactivity fee is used for this event. Allocation of money should be approved by the SBA directors, not just one person. 2. I raised an issue onthe fact that we as student directors are not allowed keys to the SBA office this year, unlike past years. The wholeSBA was told it was because of thefts, but if someone needed a key, just ask for one. After the meeting I asked for one, but was told the office hours of the E-Board should cover my time when 1 may need access. Well, that is not true, because I have BAM classes Monday through Thursday. Shortly after I get to the SBA office the student assistant has to leave. When I raised this issue, I was told I could just close the door behind me. So I said ifI do that, the door will be unlocked until the next person comes in, which could be hours later. The reply was that is OK. The door will not lock without a key. If theft is an issue, should we leave the office unattended and unlocked witha new $ 1000 computer sittingon the desk, laser printer, access to the phone wherelong distance calls could be made from, and whatever else is considered so valuable? Doesn't that go against the reason the door is locked in the first place? Wouldn't it be easier to just give the directors keys again?l don't think I have to mention the name of the individual I am referring to, but feel free to call the SBA office and ask the president Tonya Guzman who makes the decisions for the SBA. Does this sound like a dictatorship? How do you now feel knowing that about $80,000(+) of your student activity fee isbeing controlled by one person who want the power ofthe SBA to herself? This old saying comes to mind, "Power Corrupts and Absolute Power Corrupts Absolutely." If you have any comments or questions, I can be emailed at <dpolak@acsu. bu ffalo. edu> or contacted via my web page loat cated <http:// buffalolawlinks.home.ml.org>. Note: Sometimes, the timing and deadlines that a newspaper runs on create the un- Editor's fair result of improper response time. In this instance, Mr. Polak submitted this letter well into the Opinion layout process on Thursday night (or actually, early Friday morning). By the time I knew ofthe letter's existence, it was too late to call Ms. Guzman (who has kids...we may seem hard-hearted at the Opinion, but we can be considerate when the occasion calls for it). However, Ifelt that the timely nature of Mr. Polak's letter crafted as it was in response to an SBA meeting the night before should be honored Therefore, I resolved to include the letter in our formal layout, and make all efforts to call Ms. Guzman regarding this matter the following day. I also further resolved to work with her to provide her with an opportunity to respond to Mr. Polak, either in a special, photocopied addendum of the Opinion that will be distributed simultaneously with the paper on Monday, or with a prominent spot in the subsequent issue. The Opinion regrets the inconvenience to all concerned, and assures the reader that it will make every effort to provide any party who needs to speak about this issue with a timely forum in which to do so. Thank you for your understanding—S.A. Cole, Editor- — — Forgiveness Program On Wednesday, October 28, the Student Bar Association voted to support new eefort to introduce a Loan Forgiveness Program to UB Law. The program will help graduates who join the work force with professionally, but not lucratively, rewarding public interest jobs. The motion was introduced by 2L Rick Staropoli, and passed without criticism or opposition. SBA representatives were curious about what exactly the motion entailed. Staropoli explained that pro- grams at others school, such as the one a NYU, establish a fund, the interest of which is used to pay a certain percentage of a graduates loans throughout their career. In order to qualify, a graduate must remain in a certain wage bracket. Most programs can deliver a complete pay-out in ten years. Efforts will be made to have alumni contribute to what hopefully will be a base fund of $1 million. The program, now endorsed by the SBA, will soon enter the fdrmal planning stage. Bar examinees save life, pay the price In California, more than 600 soon-to-be lawyers were taking the State Bar exams in the Pasadena Convention Center when a 50 year old man taking the test suffered a heart attack. Only two of the 600 test takers, John Leslie and Eunice Morgan, stopped to help the man. They administered CPR until paramedics arrived, then resumed taking the exam. Citing policy, the test supervisor refused to allow the two additional time to make up for the 40 minutes they spent helping the victim. Jerome Braun, the state Bar's senior executive for admissions, backed the decision stating "If these two want to be lawyers, they should learn a lesson about priorities." Laptop Dances Continued from pg. 5 most important lesson bringing a laptop provides. When I began looking at law schools, I received a wealth of information in which schools bragged about their technological infrastructure. I visited schools in which each lecture hall seat had an outlet and in some cases its own porting capacity. Wired classrooms and libraries seem to be the way of the future. If we are to truly to be progressive, or even fulfill out aspirations at technological proficiency, we must at least provide sufficient electrical wiring. of several clowns crammed into a Fiat. One must plan carefully before entering and be sure to arrive punctually. The alternative is to inconvenience others by trying to step through the maze, unpack in the constrained space, and try to plug in without causing a cascading brown out for everyone nearby. Everything must be done in an ordered and certain set of steps being ever mindful of the needs of others. This is perhaps the in-Chief The sign is installed...the lounge can't be too far away... Technicians install the new security system for the firstfloor student lounge 1L Jon Llerra, not delivering that pizza to the hungry Opinion staff... SBA Votes in Favor of Loan �Volume 50, Issue 8 7 THE ANARCHIST -(E)- by Russ Klein (A)- Voting with a Bullet, Protecting Rights with a Gag The assassination of 08/ GYN Doctor Slepian in Amherst, New York thrust our quiet suburban community into the forefront of the national news. Amherst, which usually makes the national news as one ofthe best and safest places to live, now made the news because of the work of a man with a high powered rifle. The abortion debate is not something new to the Buffalo area. After all, this is where the legendary Spring ofLife demonstrations took place, with pro-life protesters doingbattle against pro-choice clinic defenders at local clinics. This culminated in cases such as Schenck v. Pro Choice Network, (the Supreme Court held that it was ok to keep protesters a certain distance from clinics, but that there could not be individual bubble buffer zones around people). The abortion debate is also not something new to Dr. Slepian, who has been the target of protests outside his home. One such incident had protesters outside his house as his family was opening Channukah presents. After listening to protesters shout about how he was a baby killer, Dr. Slepian came out of his house with a bat and smashed the windows of one ofthe vans used by demonstrators. One of the most interesting aspects of this case has been the almost cartoonish specter of prolife politicians calling for the execution of a pro-life gunman who executed a doctor (who ostensibly is supposed to heal and guard life, and in this case, occasionally did so via abortion, which extinguishes a living breathing organism). But the abortion debate, I suspect, is not one that will ever be resolved. People are either steadfastly prolife or pro-choice. There are people who are mixed (as in, they personally oppose abortion, but still support choice), but they still seem to stick to their guns one way or the other. Thefascinating thing about the abortion debate is that it is a debate that is not as clouded by propaganda as other debates tend to be. For example, in the debate over drug legalization, the government wages an incessant war ofpropaganda about just how evil drugs are (you know, this is your brain, this is your brain on drugs... a brain is a terrible thing to confuse with an egg). But the issues over abortion are probably about as black and white as they get, really. The fetus exists within the woman's body. The fetus lives, breathes, and after a while shows reaction to stimulus. The fetus exists by living off the woman's body, nutrients, etc. Up until a certain point, the fetus cannot exist on its own. Abortion is terminal (with extremely rare late term exceptions). The primary debate around abortion centers around mushy philosophy that no one can put a finger on, and is often accompanied with odd leaps of faith. Pro-life people tend to feel that life begins at "Pr o choicer's offer the image of back alley abortion doctors and coat hangers. Pro-lifers offer per- petual protest over what they deem to be murder. There is little to no chance that the argument will ever be resolved. " conception (every time I think of this argument, I am reminded by the song in Monty Python's Meaning of Life called "Every Sperm Is Sacred"). The reality is, at conception, there is nothing more than cell multiplication, and there is probably not an intelligent conscience, any more than I would dare say there is an intelligent conscience on my epidermal layer (the argument at this point seems to be extraordinarily leveraged on whatpotentially may be). On the flip side, pro-choicers must accept that at a certain point in the development, that fetus reacts to stimulus and may even become self aware (the old "when did I become me?" debate). Despite this,there is the acceptance of choice to exterminate such life. What concerns me with the abortion debate is the extent that some people are willing to go. On one side of the aisle, there are those who are willing to kill to get their point across, and on the other side of the argument, I sense that there are people willing to quash free speech and debate (the attempt to institute floating bubble barriers around individuals, for example). One only need look at the following web page: <http : / / www.christiangallery. com/ atrocity/aborts.html> to see where some pro-lifers stand. The primaryatrocity page is also referred to as the "Nuremberg Files," and the header on the page states boldly that we should imagine abortion doctors on trial. The goal of this page is to gather information about ALL abortion doctors in the country, as well as ALL politicians and notables who support legalized abortion. Above and beyond this, the page has the following legend for all those listed: Names in black are active, names in grey have been wounded, and names crossed out are "fatalities." Barnett Slepian's name was on the list, crossed out. The debate will probably never come to an end. Prochoicer's offerthe image ofbackalley abortion doctors and coat hangers. Pro-lifers offer perpetual protest over what they deem to be murder. There is little to no chance that the argument will everbe resolved. However, in the meantime between now and the end of eternity, we need to re-evaluate our priorities. Bullets will never end abortion, and trying to restrict speechand protest will also never work (just as gun control does little to deter criminals from obtaining one). Meanwhile, most prochoicers and pro-lifers alike mourn the loss of a doctor in our neighborhood. Hopefully the killer will be caught. And hopefully the killing will not push us to more restrictive laws such as hatelegislation, tougher gun control, etc. / **Note: This is not an in dictment of most pro-lifers or pro-choicers] Environmental Law Colloquium Greenhouse Effect and Global Climate Change: Real? November 2, 1998 4-6 PM, Room 212, O'Brian Hall "Is there sound scientific basis for what is called the Greenhouse Effect? Are there observations that support it? Brownfields: Realistic Remediation and Land Use Plans Monday, November 9, 1998 4-6 PM, Room 212, O'Brian Hall How clean is clean enough? �November 2, 1998 8 Warning!. Principled Politician Alert! hv KEVIN HSI Anyone who thinks that politicians are unprincipled opportunists whose votes are for sale to the highest bidders may want to think twice after looking at the U.S. Senate race in Wisconsin. Senator Russ Feingold, the Democratic co-author of the ostensibly bi-partisan (less than a handful of Republicans back it) McCain-Feingold campaign-finance reform bill, is running for reelection in a extremely close race whose script look as if it could have been written by Hollywood. (See last week's issue of Time magazine.) Feingold is a truly rare breed among politicians a politician who stands by his word and refuses to sell out his principles for the sake of reelection. Among other things, Feingold has remained so true to his commitment to ban soft money that he has refused to accept any soft money for his reelection Instead, campaign. Feingold has raised his money the old-fashioned - way (direct solicitation with a maximum contribution of $1,000 per person) and has vowed to spend no more than $3,100,000 for his campaign or $1 for every resident of Wisconsin. Adding to the Holly- wood-like script, the progressive Feingold's Republican opponent is an unabashed right-wing "Newtoid" from the Republican Class of 1994, Congressman Mark Neu-mann. Neumann has also made a similar pledge to limit personal spending to the same amount as Feingold with the major difference being that he has accepted an additional $1,000,000 soft money donation from the national Republican Party. Feingold, on the other hand, refused to even allow the Democratic Party to give him any soft money for his campaign and as if that wasn't enough, he even refuses to allow his campaign to run any negative ads against Neumann. In fact, Feingold even recently told the Democratic Senatorial Campaign Committee (who are privately worried that Feingold's principled stance will cost him his seat) to remove an political ad that they were running on his behalf because he felt it was a negative ad that attacked his opponent's political stances. Neumann, on the other hand, has no such qualms and has been running countless negative ads against Feingold full of name-calling (such as "liberal") and distortions (some of which were later proved to be outright false). Unfortunately, Neumann's at- tacks seems to be having an effect as Feingold's poll ratings have dropped and the race is now a dead heat. Political observers agree that a victory here for either side will have enormous symbolic significance in the quest for actual campaign finance reform. This can be seen by the fact that the head of the Republican Senatorial Campaign Committee (RSCC) is Feingold's archnemesis Senator Mitch McConnell of Kentucky. McConnell has been the Senate's most outspoken opponent of campaign finance reform and he has eagerly led the fight to scuttle the McCainFeingold bill year after McConnell, year. is also seen incidently, along with Jesse Helms as the Senate's top supporters of the tobacco industry and sure enough, the largest donor of soft money to Congress by far is tobacco giant Philip Morris. In fact, McConnell is so committed to defeating campaign finance reform that he and the RSCC has been pouring enormous resources into Wisconsin while neglecting the senate race in Washington state where another right-wing Republican congressperson from the class of 1994, Linda Smith, is challenging a weak incumbent. The main difference between Neumann and Smith is that although both share similar views on most issues (including speaking out against Newt Gingrich), the main difference is that Smith supports campaign finance reform (she backs the ShaysMeehan bill in the House which is similar to the McCain-Feingold bill) whereas Neumann does not. Consequently, Neumann has received over $1,000,000 in aid from the RSCC whereas Smith has received around $100,000. One result is that Neumann has a very slight lead in the polls over Feingold whereas Smith is several points behind her Democratic opponent Senator Patty Murray. Simply put, the U.S. Senate race in Wisconsin can also be seen as a true test for campaign finance reform and whether or not principle can triumph over money. The choices cannot be more stark as each candidate are in a statistical dead heat. On the one hand, you have Feingold, the principled progressive running a clean campaign backed only by hard money which he raised personally. On the other hand, you have Neumann, the Newt Gingrich styled-Republican running a dirty campaign backed by a million dollars extra in soft money raised from the anti-reform wing of the Republican Party and their supporters in areas like the tobacco industry. I want to strongly urge everyone to contact everyone they know in Wisconsin and tell them tovote for Feingold. As one can see, this year's congressional elections are anything but boring contrary to what the mainstream media (and privately some Republicans who are hoping to depress turnout) may have been telling you. The FeingoldNeumann race is as exciting as it can get and even the most jadedvoter should take notice. After all, it would be the voters and not Hollywood who would be writing the ending to this script. Let's try to make it a happy ending on November 3. The elections are Tues- day, November 3. Don't forget to vote! On The Road.... Standing guard over the grand city can this be? of Bangor, Maine...what Why, its a 50 foot statue of Paul Bunyan! �I Volume 50, Issue 8 9 You Say D'Amato I Say Sleazebag by KEVIN HSI I would just like to remind everybody at U.B. Law School and elsewhere to VOTE this Tuesday in the gubernatorial and congressional elections. Contrary to what people may think, every vote DOES count. (If you don't think so, just ask the politician from the Eighth Congressional District in Indiana who lost by ten votes in the 1980s.) This is especially true this year with the race for U.S. Senate in New York State where polls show incumbent Republican Senator AlJ)'Amato running neck to neck with Democratic challenger, Congressman Chuck Schumer. As anyone watching TV or listening to the radio over the past few weeks would know, this has been a no-holds barred contest between the two withattack ads occurring daily. Personally, to me the choice between the two is very clear. I would choose Schumer over D'Amato without hesitation and would strongly recommend that everyone do the same. There are many reasons as to why people should do so, but perhaps the most significant one that should cross all political lines is that Schumer supports campaign finance reform measures whereas D'Amato does not. For example, Schumer backs the McCain-Feingold bill which would outlaw the use of soft money in political campaigns. Without a doubt, soft money is the most egre- gious campaign finance loophole out there as it allows both political parties to raise millions in unregulated funds for their party coffers from big donors (which, chances are, does not include 99% of the country's population). This soft money is then used on behalf of candidates to flood the airwaves with negative attack ads under the names of groups like "Friends of Senator Al D'Amato". The McCainFeingold bill has been brought to the floor of the Senate several times only to be defeated each time by a Republican-led filibuster backed by senators such as D'Amato. (See related article.) In fact, the Buffalo News, New York Times and Newsday have all cited Schumer's support and D'Amato's opposition to campaign finance reform as one of their main reasons for endorsing Schumer. In fact, another reason to vote against D'Amato is that even among his fellow politicians, he is considered to be one of the biggest beneficiaries when it comes to raising soft money and a king (or tyrant) when it comes to using attack ads. As theßuffalo News would put it in their October 25 endorsement of Schumer, "D'Amato the politician has used that money to finance an advertising campaign of half-truths and untruths that cross the line and stand as a commentary on D'Amato the person." As if that wasn't enough, D'Amato's ethics (or lack thereof) isn't something New Yorkers should be proud of either as he has been rebuked by the Senate's own Ethics Committee for misusing his office (i.e., conflict of interest charges, questionable donations, etc.) and D'Amato has since refused to allow the contents of their findings against him to be made public. (New York Times, October 25,1998 endorsement of Schumer) Sadly, D'Amato's verbal attacks are not limited to political opponents alone. For example, in 1986 D'Amato made a notorious comment against people of color during an interview with The New Republic. While explaining why he turned down a request to help secure funding for a low-income housing project in Brooklyn, D'Amato bluntly said, "We didn't do too well withthe animal vote, did we? Isn't it the animals who live in these projects? They're not our people." (The New Republic, March 10, 1986) More recently, during the O.J. Simpson trial, D'Amato deliberately mocked Judge Lance Ito (and Asian Americans in general) by speaking in an highly derogatory singsong tone about "lee-tle Judge Eee-to"despite warnings by radio host Don Imus (of all people) to "watch out... or you'll end up on the front page of the [New York]Daily News" (sure enough, he did). While D'Amato did eventually apologize for these comments, they only came after a community uproar in response to his initial denials which he was forced to backtrack on. D'Amato is clearly the product ofan inefficient cam- say that he is an effective advocate for issues which he believes in. Even if that is the case, that is also the what both supporters and opponents say about Chuck Schumer. Schumer, contrary to what D'Amato's ads say, has a reputation for being one of the hardest working (and certainly one of the most outspoken) members paign-finance reform system which allows politicians tied to political machines, and big business, to thrive. This system has long polluted our political discourse (thus leading to greater voter apathy) and of Congress. Among other allowed wealthy people and things, Schumer has been a businesses to get away with leader in passing the ban on things which would otherthe sale of assault weapons wise not be tolerated by most and he played a leading role people (i.e., massive tax loopin draftingand passing a law holes and tax breaks which which requires banks to inbenefit billionaires and bilform the public as to lion-dollar corporations, whether or not their ATMs lower environmental stancharge a fee to outside usdards, anti-worker legislation, ers. As the New YorkTimes military and economic backwould put it, "Mr. Schumer ing of dictators who support has the capacity to become U.S. corporations, decreased the kind of senator New funding of legal services, York deserves, a senator etc.). A victory for D'Amato who will engender pride would allow this system to rather than embarrassment." flourish and make it even It is definitely time to start harder to get any campaigncleaning up our political sysfinance reform passed since tem - if nothing else, our ears it'll put the Republican Party will appreciate it whenever (whose leadership officially we watch TV or turn on the oppose any attempt to ban soft radio. One can start by votmoney in fact, some have ing to kick Al D'Amato out even called for the eliminaof office this Tuesday. tion of any campaign contriP.S. I would advise bution limit) closer to a filipeople (and especially buster-proof majority of 60 SUNY students) to think seats. very carefully over whether D'Amato's supporters - gkk W'& or not they wouldrealfy want to vote to re-elect Governor George Pataki. In case people don't remember, during his first year in office, Pataki tried to pass the largest tuition increase in SUNY history along with an unprecedented cutback in funding for SUNY. These measures were eventually scaled back due to massive studentresistance but the increased tuition and decreased services still forced thousands of students to leave school and many more to de- lay timely graduation. My recommendation would be a vote for Peter Vallone, the Democrat. However, I would also recommend that people take advantage of New York's fusion (multi-party) voting system and vote for Vallone on the labor-backed Working Families Party ticket. As long as Vallone getsat least 50,000 votes on that ticket, this third party would get its own spot at the voting booth in the 2000 elections and can field its own candidates that can be (officially) independent ofthe Democrats and Republicans (much like the Liberal and Conservative Parties). For those who are tired of the twoparty "business as usual" system, this alternative definitely has its potential. / LoaiyA veny Irs TIME To veir, �November 2, 1998 10 DESMOND MOOT COURT WEEK... Judges from the competition in the lobby of' O 'Brian Are they drunk? Is Russ Maines ok? What was the photographer thinking when she cut out most of Terry McNamara? This is not a proud moment for users of disposable cameras... Moot court strikes a pose.... Desmond Moot Court held its annual Fall competition this last week...results should be announced 500n... Kicking back and enjoying just a few of the many beers consumed that night... Law Students no doubt reminicing about how the price of free beer has increased over the years... "Back in my day, they used to PAY us to drink free beer..." Scenes From Yet Another Bar Night for UB School of Law... (a unique view of the "people in our neighborhood..." at The Steer in University Heights...) "Beer? We don't neei no steenkin beer!" \ �I Volume 50, Issue 8 1 Interview with 2L Rick Staropoli Working on the Jonathan Parker Defense Team By SA. Cole Opinion: What is your overall characterization of this case? Rick Staropoli: If we must have the death penalty in New York State, I see this ease as a fairly good example of how capital cases should be tried. In general, the interaction between Prosecution and Defense was quality communication. District Attorney Joseph Marusak made a solid effort, and was "rewarded" with a guilty verdict on the Murder One charge. Jim Harrington and John Elmore put on a spectacular mitigation presentation, and Jonathan Parker was "rewarded" with a Life Without Parole sentence. Despite the glaring jury problems, the case was tried fairly by Judge D'Amico and a dedicated jury. do you feel that this was what kept the jury from giving Jonathan Parker the death penalty? RS: A few jurors have given statements to the press and to the Defense counsel concerning their reasoning during the seventeen hours of deliberation. What he hear from them is that the testimony of Jonathan Parker's brother was key to their decisions. Jonathan's background, including the history of abuse and homelessness, was important to them in creating a full picture of the person to be sen- learn working on this © E3. y/ / staff, has been lifted, but that sustained weight has taken its toll. If it had not been for the support of the Capital Defender Office in Rochester, we on a Murder One charge in front of an all-white O: Did you feel the jury would come back with a Not Guilty verdict? RS: I got my hopes up a little. When I thought logically about it, I knew we didn't have too much of a chance to hear a Not Guilty verdict on the Murder One charge. But my heart kept hoping. I was let down. jury with an average age of about 48. Are they his peers? This was an avoidable situation, particularly because there is precedent for having a "city jury," one chosen from within Buffalo, instead of from all of Erie County. This was a crime committed in the city by a city resident. Two of the jurors live in the city. Jonathan's right to be tried by a jury of his peers has been violated. The panel was far from "representative." If we had not suggested an viable alternative process, it might not be as strong an argument on appeal. O: What doyou feel are the strongestpoints to started working at appeal in this case? RS: At its core, the Harrington & Mahoney in May. People are very jury selection process tired. The burden carried was flawed. There is no justification for the fact by the two defense attorneys, and by their support that Jonathan was tried The Opinion would like to thankRick forboth seeking permission from his employer to speak about this matter, and taking the time to tell his fellow students about this important case. tenced. Without the mitiO: How stressful gation witnesses, such as was putting on a death his relatives and teachers, penalty defense for those the sentence was death. involved? RS: I've aged at O: What did you least five months since I trial? O: The defense put RS: I have learned much about my inability a lot of "personal" witnesses on the stand dur- to "read" people. Not ing the sentencingphase, only was I terrible at the i jury selection phase, but I was also shocked at how poorly I read the jury's reactions during the trial. From what I have heard from the jury since the sentencing ended, I now know that I utterly misread certain jurors. Part of thisrealization is a new knowledge of what it is in me that makes me not cynical enough to properly assess a potential juror. For too long, I have assumed the best of people, and assumed that they are telling the truth about themselves. I feel like an ass. /////// would have been incapable of putting on the quality defense which saved Jonathan's life. I /&* �November 2, 1998 Volume 50, Issue 8 12 DAN'S ULTRA TUFF SPOUT/ PC. THE HUMOR MILL TOO OPINIONATED their top free agents, Brown, 3B by DAN BAICH Ken Caminiti, or CF Steve This offseason in baseFinley, before the Nov. 3 sta"Ballgame Over! ball will certainly be exciting, dium referendum. If the refer- World Series Over! Yankees as there have never been more endum passes, they sign all Win!! THHHHE YANquality players potentially on three. If not, it will be a KEES the move. A quick look ahead WIN!!!" And so with Marlinesque firesale, and its at next year's contenders as this John Sterling call, the bye-bye to baseball in San Dithey try to reload: baseball season in greatest .Houston will take their At press time, the Mets ego a at re-signing lefty history came to close. We inked C Mike Piazza to a best shot Johnson, but he may now know that the 1998 Randy record $91 million dollars over end Cleveland or on the Yankees are the Greatest up in 7 years and lefty Al Leiter to Yankees C leveland is Baseball Team in history, desper$32 million over 4 years. Look ately looking for a number one my case rests with 125 wins for a C Todd Hundley trade to starter and if they can't sign and a World Series sweep Boston for 3B John Valentin in a great deal for both teams. Johnson they will try to pry and no you cannot win an arRoger Clemeas from Toronto. gument with me on this one (Thanks Mike). Look for the Look for Texas to also make a so don't even try. The Great Cubs to sign 3B Robin Ventura at Clemens, should the Home Run Chase is over from the crosstown White Sox run Blue Jays fail to sign any bigand it gave us 70 and 66 and and then try to add a number name free agents to satisfy Mac and Sammy and we will one starter, perhaps Todd Clemens' desire to .The win tell our grandkids about this Stottlemyre, if Texas can't reRockies, Diamondbacks and season. The offseason will sign him Mo Vaughn will stay Yankees are officially in the be exciting, see (the Rumor in Boston, despite bids from Bernie Williams sweepstakes. Toronto and Baltimore The Mill) and I can't wait till my The winner (read Rockies) gets Braves may sign 2B Roberto to shell out $11-14 million per Yankees WILL defend their Alomar from Baltimore, and title. Thisall leads me to say not great, get him away from the AL year for a good, centerfielder. If the Yanks lose baseball is back from the umpires who will forever hold Williams, it will get interesting. dark ages of 1994 and it is a grudge from Spitgate. CleveSt. Louis offered CF Ray the National Pasttime again. land will also take a run at Lankford for LHP Andy Don't think so, ask the NFL Alomar, and the chance for Pettitte (No way), the Yanks whose ratings were down him to play with brother C Edmonds, nearly 20% in September. Sandy may be too good to pass could sign CF Jim This bring us to the who won't be back in Anaheim up Dominant righthander (Nice fit) or they could go NBA. Folks, this league is in Kevin Brown has said he postal and outbid Atlanta for trouble. The squabbling bilwould like to play in Atlanta, Barry Bonds from the GiLF lionaires arid millionaires (God, that staff would be ants, who have been secretly can't see the forest from the scary) and if the Braves sign shopping him, for prospects trees. It took baseball's best him, look for Denny Neagle and let rookie Ricky Ledee season ever to bounce back and possibly P Kevin center with Chad Curtis from the strike of 1994 and play Millwood to be shopped for a Can you see Bonds hockey still hasn'trecovered (Wow). power-hitting leftfielder, pos60 homers in theBronx the momentum it had when hitting sibly Brian Jordan of the Carwith the short rightfield the Rangers won the predinals St. Louis owes Mark porch?!! The betting is if strike Stanley Cup in 1994. McGwire a playoff run and Cleveland gets Johnson or This is a league that was facthey need pitching. They have Clemens, Bonds is a Yankee, extra outfielders, either Jordan ing the retirement of its best if not welcome Edmonds to.the or Ray Lankford will be traded player ever, Michael Jordan, Bronx. for pitching San Diego has said the breakup of its dynasty, Just remember where they would like to sign one of the Bulls, and most of its you heard it first. next generation ofstars have been in jail more often than hv DAN BAICH . they've been in the playoffs. Talk about really bad timing. The longer this goes on, the better for the NHL. Something about the only weeknight game in town. Turning to the NHL, the Devils look bad, the Rangers worse, and the Islanders are clueless. New York hockey is in for a dismal season. The Buffalo Sabres are a top-flight center away from being the best team in the Eastern Conference. Too bad they missed the boat on DougGilmour. If this franchise has any guts, look for a big trade.. Jeremy Roenick would be nice. The college football season is underway and boring. Still look for Ohio State to battle UCLA for the national championship and if one of them stumbles, the winner of the annual Florida-Florida State game should step in. Finally, the NFL. Is there a better story this year than Doug Flutie? How can you not cheer for this guy? A 5' 10" underdog who won the Heisman Trophy, played in the NFL, was exiled to Canada, and is back winning games for his autistic son. I'd like to negotiate the movie deal, it's gonna be phat. That said, there are really only 5 teams vying for the Super Bowl - Denver, Minnesota, Green Bay, San Francisco and Jacksonville. Speaking of Denver, the real question is can they match the '72 Miami Dolphins and have an undefeated season? Unlikely, maybe, but this writer thought it ridiculous that someone would hit 70 homeruns this year and lost money because of it. Just remember where you heard it first.... Mattina To Receive JaeckleAward From UB Law School Erie County Surrogate's Court Judge Joseph S. Mattina will receive the 1998 Edwin F. Jaeckle Award, the highest honor given by the University at Buffalo Law School and its Law Almuni Association at a luncheon at 12:30 p.m. onNov. 14 in the Hyatt Regency in Buffalo. Mattina will receive the award following the law school's 23rd annual alumni convocation. The annual award, named for Edwin F. Jaeckle, a 1915 graduate of UB Law School, is presented to an individual who has distinguished himself or herself and made significant contributions to the law school and the legal profession. Mattina, a 1956 UB law graduate, was first elected to Erie County Surrogate's Court in 1982. He has distinguished himself as one of New York's outstanding surrogates for his well-reasoned, intellectually stimulating and innovative opinions. Active in proposing and drafting new legislation as a member of the Office of CourtAdministration's Legislative Advisory Committee, he was one of 16 judges nationally to be inducted in 1988 as a charter member of The National Judicial College's Hall of Honor. More recently, The National College of Probate Judges recognized his service as surrogate by honoring him with the Treat Award for Excellence. Mattina has lectured and written widely for trial judges on sentencing and served as a faculty member at the National Judicial College in Reno, Nev. Prior to being elected to Erie County Surrogate's Court, he served as an assistant Erie County district attorney, Buffalo City Court judge, Erie County Court judge and State Supreme Court justice. The law school's 23rd annual alumni convocation, to be held from 8:30 a.m. to noon, will focus on current problems in trust and estate practice, including non-probate assets, pre- and post- marital agreements and lifetime trusts. Speakers will be Peter J. Brevorka, a partner in the firm of Jaeckle, Fleishmann & Mugel; Susan Egloff, county attorney-referee in Erie County Surrogate's Court; Kenneth Joyce, SUNY Distinguished Teaching Professor in the UB Law School; Charles E. Milch, a partner in the firm of Gibson, McAskill & Crosby; Michael J. Ryan, a member of the Edward C. Cosgrove law firm, and John E. Spadafora, managing partner of Mutusick, Spadafora & Verrastro. Attendance at the convocation has been approved for three continuing legal education credits. The underwriters for the event are Harold C. Browii & Co., Inc.; Marine Midland Bank; Buyers & Kaczor Reporting Services, Inc., and Commonwealth Land Title Insurance Co. The cost of the event $50 is per person for law alumni association members, and $75 per person for all others. For further information, contact Ilene Fleischmann at 645-2107. (Story contributed by the University at Buffalo News service) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-11-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 8 02.11.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/2/1998 Bibliographic Citation A bibliographic reference for the resource. 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Aside from the argument and egos that naturally accompany any democratic body (and reASurvey, a $500 Deposit, and a ally, would we want it any other ConstitutionalAmbiguity Create way?), the planning of this a Gigantic Mess for the SBA year's Barrister's Ball has led to the possible commission of an actual violation of the rules By S.A. COLE. that govern us all. A $500 deEditor-in-Chief posit for Samuel's Grande Any casual glance at Manor, the location used last year and now booked for this fifty years' worth of old Opinions, the unofficial archive of year's Ball, was pushed UB Law, will reveal that one through the financial machinentity at this school has always ery of the SBA and Sub Board been a hotbed of contention over October Break. According to the SBA and debate. That entity is the Confusion Student Bar Association, the elected body that plans events, facilitates relations between the Administration and students, and determines the apportionment of our student activity fee. For years, the SBA has been rife with alternate bouts of apathy and aggression. This year is no different. At the beginning of the year, the SBA elections were a sporadically participated-in event. Only the 1L class ran more candidates than actual seats to be filled on the SBA. Only one upperclassman bothered to fill out a petition sheet, instead of avoiding collecting the requisite signatures by running as a write-in. And although this is the third month of the semester, the SBA (which nominally meets biweekly) has only convened two times. And yet, the organization has accomplished much of what it was created to do. Events, such as last month's Octoberfest, have been planned, occurred, and deemed successful. Groups chartered by the organization, from the Opinion, to the Criminal Law Society, Moot Court, or Law Review, have been active, all with administrative assistance from the SBA. President Tonya Guzman has reported meeting with Dean Olsen, bringing the concerns of the students to the head of the law school. A phone directory is being assembled. The Barristers Ball Outstanding Orators Speak Out on Desmond Victory November 9, 1998 final round, because Andy Zakrocki and Brian McGrath are two of my good friends. Personally, all I wanted to do throughout this whole thing is make the Board. "I didn't expect to make it to the final round. That morning, I just wanted Listen To Your Heart By PETER DEWIND Local prosecutor tells students there is no substitute for genuine interest and practical exto stipulate: 'can't they just perience when pursuing a crimiwin? Do I have to go up nal law career. By S.A. COLE. again?' I didn't feel any On Wednesday night, competitive vibes from the October s'\ the Criminal Law Editor-in-Chief other team." Society sponsored a panel discusTrapp agreed with sion on criminal prosecution and this statement: "I wouldn't defense. About 40 students have had any problem turned out to hear representatives losing to anyone we from the FBI, the U.S. Attorney competed againstGeneral's Office and the Erie especially Brian and Andy." County District Attorney's Office. Constitution, Section 6, clause In the finals, the Unfortunately, only one of these E: "The Board, absent a quoTrapp/Swift team argued for agencies was able to attend the rum, may perform such non2Ls Rachel Trapp andLeslie Swift Casey Martin, on brief. panel. The pursuit of Dr. discretionary functions as are Swift had this to say about Slepian's killer prevented theFBI expressly mandated by the On Saturday, October selecting which side of the representative from appearing. Constitution or By-Laws, but 23, UB Law's Desmond Moot appellate argument to He reportedly will speak to the under no circumstances shall Court Board held their final choose when drafting a law students at some point in the the Board consider any motion round of competition, and 2Ls brief: future. The representative from concerning finance, affiliation Leslie Swift and Rachel Trapp "I think some of the U.S. Attorney General's Ofor discipline, nor any resoluwere declared the winners of my friends chose to write fice was absent for reasons untion. All functions not fully the 1998 competition. This the brief for the defendants, known, having not canceled or executed shall be subject reyear's case was PGA v. Casey which was PGA, and then called. Hopefully, this person is view by a quorum." The byMartin, which involved golfer arguing off-brief, that all right and was not beset by any laws make no mention of how Casey Martin and his argument is laid out for you. on way to our forum. earmarkedfunding for the Ball Disability Act-based law suit to I think I personally had a tragedy the This left Peter can be spent: does the Ball enter the PGA competition hard time getting my off- Weinmann as the sole speaker on committee have to vote on it, aided by a golf cart. Late last brief argumentthe panel which quickly became or is it a" fund to be used at the week, the Opinion interviewed practicing it, Rachel and I a frank question and answer sesdiscretion of the people headthese two law students about agree that when we did go sion on what it takes to become a ing the committee? off brief, we feltreally good their experience. Mr. criminal prosecutor. Based on the activity of about it." Both expressed reWeinmann isthe Chief ofNarcotyears past (the author refers lieve that the brief writing and Trapp agreed, at the Erie County District specifically to the first SBA various rounds of competition saying, "I told Leslie, I ics Office and a Special Attorney's meeting she ever attended, were over. "It was very wouldn't mind going into Attorney. After Assistant U.S. back in the Fall of 1996), the overwhelming, very time the final round being offfrom the Benjamin graduating entire SBA has been consulted consuming," said Trapp. " I brief. We argued our semiSchool of Law he seCardozo before decisions (and deposits) have a lot of work to catch up final off-brief, and won." a judicialclerkship in Rochhave been made regarding the on now-work that I put off Trapp then pointed out, cured location ofthe Ball. This year, during the competition. Even however, that many who Continued on page 7 the decision was made without though we won, I don't know argued the case for the PGA such a vote, but that was also if I could do it again." felt that the unsympathetic Inside This true of last year, according to nature of their client's it was "I'm glad Issue... one former member of the closed research," Swift said, argument may have cost 3 Republican Debacle. SBA. commenting on the Desmond them victory. "Apparently not Last week, 2L SBA reppractice of limiting cases and 4 Announcements too many people won resentative David Polak sent applicable law to the docthe Opinion a submission en- umentation enclosed in a single arguing for the PGA, 50...1 The Anarchist Considers titled: "Is the SBA a Dictator- packet. "It was an enormous think there were some heard from 6 I concerns. Voting at least it was all ship?" In that letter, Polak acbut packet, cused SBA President Tonya there in front of you." other competitors that they 6 lAskedForlt Guzman of several violations The two then turned thought it was unfair that of SBA by-laws. President to the atmosphere of the people were being judged Guzman then wrote a response, competition. by whether they were PGA Sports, Opinion 5ty1e....8 pointing out that planning the "I don'tfeel like there or [Casey Martin], just ball was the function of the was any kind of hostility, or because they had the harder Plus Cartoons, a Top Ten 1List, and the vast LEFT committee, and that you can't any kind of competition,' Continued on page 5 wing conspiracy? Continued on page 4 Swift said, "especially in the �November 9,1998 2 Thomas Jefferson: Genius. Redhead. Miscegenist? "Knowing that the greatest ofour Founding Fathers was a practicing miscegenist should energize the recent shift away from the either-or definition of 'race' that has historically underpinned the caste-like segrega- the document that convinced men to spend a winter in Valley Forge and a summer under seige on Bunker Hill, while simultaneously inspiring France to be nice to us. I ask you, ladies and gentlemen: could you have resisted him? tion of African-Emericans, Between Thomas Jefftoward a more blended and erson, Benjamin Franklin, and self-chosen definition of Thomas Paine, there were a lot group identity." of honeyed tongues that went --Orlando Patterson, into the Revolution; no one can The New York Times. Mondeny the erotic power of havday, November 2, upon DNA ing the chutzpah to tell George evidence being released show111 just where he can stickit...so ing that descendents of slave it's no wonder they were all Sally Hemings are related to philanderers. There's just descendents of Thomas something sexy about insurrecJefferson. The evidence contion. firms the long-held suspicion That being said, we have of many historians that no assurances that the woman Jefferson and Hemings had a had any choice in the matter. quasi-marital relationship. Only the most sheltered of the First of all, let me just most sheltered still think that say this: You can't blame her female slaves only had sex with for sleeping with him, 'cause male slaves. Almost everyone he was a total hottie. That red has figured out why lighterhair, that noble profile, those skinned slaves were given long legs (Jefferson was over easier, and coveted, positions six feet—that's quite a lot of as house servents: they were man for the 18th century)...not the plantation owner's chilto mention, being able to craft dren. And it doesn'ttake much political poetry powerful imagination to envision a enough to start a new nation. slave-owner, thinking of And, aside from his eswomen as his chattel, feeling knicker-clad erotithat a night bumping elbows in sential, cism, he must've been one hell the slave quarters was not also of a persuasive seducer. Thohis right, but a further confirmas Jefferson: the guy wrote mation of his status as a prop- WE GOT LETTERS! Dear Editor ofthe Opinion... InResponse to the Oc- tober 7, Wyoming's Hate Crime... The October brutal murder of Mathew Shepard in Laramie, Wyoming is an outrage. He was beaten on October 7 by Aaron McKinney and Russell Henderson, whose charges offirst degreemurder, kidnapping, and aggravated battery were motivated by homophobia. Their "hate Editor in Chief Graphics and Layout Editor Business Manager i Op/Ed Editor Law News Editor Web Editor Photographer crime" against a gay "brother" is an outrage to the University of Bufffalo's OUTLAW, lesgay, bian, bisexual, trangendered and friends membership. We grieve with the Laramie community and Shepard's family. Although violent crime is declining in America, reported crime based on sexual orientation rose forty two percent between 1991 and 1995 France (several years before his presidency), and he took Hemings with him. Many assert that Paris is the place ities, consortiums forged bewhere their love affair began, tween slaves and masters and some historians say that might not always have been as this affair united Jefferson and polemic as we would tend to Hemings through his Presithink. What happens to the dency, and the birth of "master" who falls in love with Hemings 1five children. his "slave?" Of course, even more Some historians have historians, over the years, have posited that falling in love is flew into blustering heights of just what Thomas Jefferson did scholarly rage if one dared aswith his slave, Sally Hemings. sert that a Father of Our NaTo prove this, these histion was shtupping a slave, and torians cite various things: that he sired her welps. Many "official" (read: white) Heming's wit, her sophistication, her beauty. They point Jefferson descendents have out that Hemings acquired her gone on the record disclaiming sais while jeane quoi growing any relation to "those people." up in the house of a wealthy To do them credit, many other Jefferson descendents have plantation owner. This status also leads to been heard to say that it was another observation: as a house possible, and, if you looked at servant, Hemings was in fact old photos, even probable. the daughter of her mother's With the wonder of owner. Who was that owner? DNA evidence, and a few willThomas Jefferson's wife's faing blood samples from both ther: Jefferson's wife and sides ofthefamily, the relationHemings were half-sisters. ship has now been confirmedThere is vast agreement -at least to the point of a union that Jefferson's affair with that created one of Hemings' Hemings did not begin until sons. Some are shocked. Othafter the death of his wife, a ers are gratified. wife to whom Hemings had To be frank, I am elated. more than just a casual resemhave I always had a thing for blance. Once his wife died, Thomas Jefferson, you see. Jefferson, heartbroken, offered Most of my above comments erty owner. Human relations generally (although not always) being a mish-mash of ambigu- to serve as ambassador to about his being "sexy" and according to the FBI. President Clinton has been consistently against hate crimes. In a weekly radio address last June, Clinton denounced hate crime and spe- tainly an act of violence against America. OUTLAW serves as a welcoming haven for lesbian, gay, bisexual, trangendered at U.B. Law School. However, few safe places exist on other campuses or within our nation. One solution attemptto ing combat the problem of hate crimesagainst gays have cifically cited bias crimes against gays. He stated "Such crimes, committed solely because the victims have a different skin color or a different faith or are gays or lesbians leave deep scars not only on the victims but on the larger community...they are acts of violence against America itself." The gruesome murder in Laramie, Wyoming was cer- been a series of states which have enacted hate crime laws which cover sexual orientation. Federal laws, which govern the prosecution of hate crimes, do not apply to crimes based on sexual orien- Continued on pages| S.A. Cole Ken Grant Staff: Dan Baich Columnist Howard Beyer Columnist/Chauffer Gabe DiMaio Columnist Columnist Peter Nicely Adam Perri Russ Klein Peter DeWind Russ Klein Ken Grant Advertising Liaison Vincent Gregory The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time onThursday...no later that 6:00 PM, please). Submissions should be saved inlßMWordperfect 5.1; please enclose printed copy for safety's sake. Writeyour box number on your disk if you want it returned. The Opinion is printed at theBuffalo Newspress. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, italso doesn't thinkthere's anything wrongwith any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." whatnot had a tongue-in-cheek them, I know, but believe me, when I think about Jefferson, my tongue rarely wants to stay in my cheek. There was such a force about him, such a compulsion to write and create, that his powers ofattraction haven't dulled much over the last two centuries. Further, and like many of my fellow countrymen, I have a reverence for the depth and foresight of his writing, the clarity of his compostion, the integrity of his vision. Through eloquence and courage, he brought forth a new philosophy, a new nation, and a new standard of political thought. And nothingcould make it more perfect than knowing that, after all, he was in some ways a hypocrite and coward-at best. Or, a rapist and defiler--at worst. That I choose to believe Jefferson loved Hemings is my own romantic folly, and betrays my need to tone to believe in sentiment. Why many are shocked about all this is something of a mystery to me: after all, the man owned slaves. He was a product of the morality of his times. Is it any more shocking that he wouldhave felt the need to hide a relationship with a slave, even if he found that relationship fulfilling, important, or beautiful? I like my heroes flawed. And like the quote I selected above, I thinkthe confirmation of Thomas Jefferson's romance with Sally Heming's is a providential place for a new philosophy, one that realizes race (a non-deterministic factor) is only a convenient term for culture (something one can voluntarily belong to). What "race" do Sally Hemings' descendants belong to? It's trite, but we all know the answer: the human race. Yes, this country has a class war. It has ideological wars. But race war is conflict built on a false construct. And there's nothing like a little historical poontang to make that point all the more clear. Enjoy thisweek's Opinion. S.A. Cole Editor-in-Chief �3 Volume 50, Issue 9 REPUBLICAN they already enjoyed in Congress, DEBACLE they didn't need to stick their necks By PETER NICELY They didn't need to make a power grab, or attempt to gain seats to stop the out. "What happened?" and "Who should we blame?" These are the two questions that every Republican Party member is asking every other Republican Party member today. One article had Republicans claiming that when a ship runs aground on a reef, it is the person highest up in the chain of command who should bear the responsibility for the losses, that would be Newt. Somehow, it just does not seem very logical or stable for an entire political party, arguably the most powerful one in the world, to go from Clinton bashing on one day to Newt bashing on the next. This seems to be particularly true when what led to the Republicans' net loss in elections across the country was the last minute decision (made by some unnamed Republican leader) to spend the remaining hundreds of millions of dollars from an overloaded political war chest on Clinton bashing campaign ads. can people may be becoming a less well-educated electorate and less civic-minded and conscious of the subversive, underhanded political backstabbing that goes on in the political arena. But they are Americans like their politics straight-up and unadulterated by the personal; not yet to the point of acceptan unspoken code says that ing an attempt to remove the when the whistle blows at president, who they elected, the end of the day, all the from office for a personal inpoliticians can shake hands and go home to their personal lives. Sure, mudslinging is often an effective tactic. But pointless, Democrats from filibustering their bills by attacking a high profile figure who wasn't even running. They did so because they suffered from an insatiable thirst for power — thirst that our system of government is designed to protect against, and the people made the system work. malicious slander is over- kill that more-often-thannot backfires in the face of those who are Neanderthal enough to pull this inhuman weapon off of their cave wall. These last minute personal attacks on Clinton did not necessarily cause the Republican losses. The one did follow the other, but it seems to me that the election results might be function of the electorate's perception of a much more sinister motive underlying the ad hominim attacks on the person elected as our president. There is nothing new about the lack of substance or the divisive strategies or the personal attacks. This election was a new low not previously stooped to by the slimiest of muckrakers. Namely, people are afraid that in a two party system, we may soon end up withone ofthose parties in control of the Federal Government. The Ameri- discretion. And although they may not realize it, they still recognize lust for power and still have a fear for the tyranny of the "majority" What is the point of trying to defrock the president? That he deserves it? No one is buying that and no one (but a few puritanical zealots) cares enough about Clinton's sex life to warrant shutting-down the government that we pay about one-thirdof our incomes to support. Some big shot (I can't recall who, maybe it was Machi... something ) once wrote that "power corrupts and absolute power corrupts absolutely." I'm not a political scientist and 1 don't even know very much about politics. But I am socially conscious and it don't take a rocket scientist to figure out that with the leads that the Republicans enjoyed in Translation of our Latin Motto... "That's GOVERNOR Jesse 'the body' Ventura to you!" �November 9, 1998 4 Barrister's Ball Dissention... and closer to an even split." Snyder also mentioned Continued from page 1 Jhat the prices quoted please everyone all ofthe time. SBA Treasurer Betsy Snyder was approached by the Opinion to address the matter, from a moreformal procedural and budgetary viewpoint. Starting withthe survey passed out to students regarding the ball, and ending with the eventual deposit to Samuel's, she had this to say: "Prior to [October] Break, Wednesday evening, they stuffed the survey in the at the October 28th meeting were not set in stone. After the meeting, she said, "Paul Sclime from the Hyatt spoke to me directly and informed me that he would be willing to match Samuel's, given the opportunity—without sacrificing service. He said he would also be willing to do a hotel roomm deal, so there wouldn't be any drinking and driving. I talked to Samuel's Grande Manor, and assured them that boxes. So of course there was their deposit wouldbe coming, that it was $500. Then I said only thursday to turn in answers, before everybody went 'So this is a $25 ticket that out of town for Break. we're dealing with here?' and "That next day, [Tanya] [the woman at Samuel's] said, asked me to put through an 'Oh, no. You have to sit down advance for Samuel's Grande with me and figure out a menu Manor. 1 said, 'Do you really before we can give you a price. "So basically, by that think I should do that?' 1 didn't feel it should be meeting, neither Samuel's or rushed...the event is in Februthe Hyatt had given us a firm not so price. Samuel's was never in prom season, ary, voted on, and materials were there's>not a lot of hurry to renever presented breaking serve the space. "That afternoon, Tanya down costs." came up to me and said 'How Snyder concluded that do you fill out the paperwork?' she like Samuel's, and the ball And I said, 'Well, I think that was lovely last year, but felt has to go through me.' And that perhaps the decision had then she told me, 'Well, I'm been made with only a brief the President.' I realize I'm nod in the direction of democonly the Treasurer. racy. "I realize that she's the "Sub Board's provisions President, and I'm only the Treasurer. But at the same require my signature on paperwork, unless I assign a signatime, I do have my own tory to sign for me; I didn't thoughts...and I'm here for the assign one. It was Fall Break, student body. If the students but the paperwork went want the ball downtown, and through without my approval the Hyatt is willing to try and or signature." meet us with a good price, I According to the SBA think people ahve to tell the constitution, the first duty of directors this, so they can make the final decision.-after the treasurer is to: "be responsible for the distribution and the committee has given them maintenance of all SBA funds a proposal. I wasn't on the and manage the business af- SBA last year, and that's why fairs of the SBA." The exI have concerns that commupressly stated duties of the nication has been lacking." Overall, the situation President do not include the boils down to a few simple powers of the purse. The constitution and bylaws also have questions. According to the a conspicuous lack of content SBA Constitution, By-Laws, and precedent, did the Presiregarding the power of committees. Does a committee dent have the authority to sign head, as President Guzman a check for Samuel's? The pointed out she is, have the answer varies depending on power to make large financial what source you use, and who commitments on behalf of the you talk to. Has there been SBA? The constitution and duplicity regarding how wellby-laws do not say. represented that actual wishes Regarding the Barristers of the student body were, reBall committee, Snyder said: garding the location of the "To my knowledge, no barrisBall? Again, it depends on ters ball committee has met." what process you deem acRegardless, Snyder ceptable for decision-making commented that the survey involving student funds, and taken regarding the desired who you talk to. location of the Ball was not formally used by the President. [Editor's Note: Anyone with concrete answers to these According to Snyder: "There was no official questions is certainly welcome count...by the time I counted to submit them to the Opinion. it, that Thursday, the count was After afair amount ofresearch 30 to 15 in favor of downtown. into the mess, we're confused By the October 28 meeting, and sick of the whole thing.] where several representatives brought up the matter, she said it was 36 to 31 for downtown: almost even. In the letter to the Opinion, she said it was 36 to 34. It keeps getting closer ANNOUNCEMENTS Public Interest Professor Jam AsianAmericanLaw StudentAssociation A general meeting will be held on Tuesday November 10 at 4:30in Room 212 All are welcome. Unwind with a great evening of live jazz. Next Thursday, UB professors kick the beats at the Calumet Arts Animal Rights Cafe on Chipewa. All proceeds further BPILP's mission to ensure equal justice Students of Law for through equal access. Animal Rights will hold a $7 Advance tickets for reorganizational meeting on sale in front of the Law LiThursday November 12 at 4:30 brary this week. in Room 207. $8 Door tickets. All are welcome. Thursday, Nov. 19, 8:00 PM. BPILP The Buffalo Public Interest Law Program is holding a general meeting today, Nov. 9, at 11:30 AM (Rm. TBA). If you want to know how you can help BPILP to make a difference in your community, come and join us. S. McDonald ssina OH-SO-INTERSTINEGLECTIONS THE YEAR OFF CORRECTION: In the issue dated 11/2/ 98, "Professor Carr Speaks..." (page 3) we stated that Carr said "that hate crimes might be desirable." That sentence should read "that hate crime legislation might be desirable." We appologize for any misunderstandings. Murder Trial Comes to UB!! "Night of January 16th," by controversial author/playwright Ayn Rand, is a courtroom drama about the murder of a high financier, and the trial of his accused mistress. Her innocence or guilt is determined by a jury panel selected from among audience members. The Criminal Law Society, in conjunction with the UB Chapter of the Association ofTrial Lawyers of America, will present Miss Rand's work for three nights in early February 1999. The cast will be chosen from the UB Law Student Body on December Ist and 2nd. Scripts are available to read at the library reserve desk and at the Crimi- nal Law Society office (O'Brien 008). Also, urgently needed are assistant directors, stage managers, and other technical support staff. If interested, immediately contact Director Michael Arcesi at Box #616, or arcesi(o>acsu. buffalo.edu. Watch for informational meeting on November 16th at 3:00 location TBA. �Volume 50, Issue 9 5 LETTERS, CONTINUED... Continued from page 2 tation. Only the federal Hate Crime Statistic Act and Hate Crimes Sentencing Enhancement Act have language which covers sexual orientation. The advantage of hate-crime legislation is that rt provides a vehicle to sway a jury for a com viction, which matches the crime. Opponents of hate crime laws claim that they are codi- town or UB which also ads to Hyatt being a more convenient and locale. The downtown location also offers more including rooms at the adjoined hotel with price breaks. This would be very beneficial to have as an option especially withregard to the weather which was a problem last year. Finally, even though I a member ofstudent govam not fied redundancy, which can complicate courtrooms already ernment I can do the math. votes vs. 30 some burdened with heavy demands Thirty some votes in no way reflects the opinfor proof. Nevertheless, often when UB society requires a motive to ion ofthe student body has 3 classes each Law School settle its outrage and frustraapproximately with 100 students. tion. For all of its inconsistenThe decision is especially discies, hatecrime laws protecting to victims such as Shepard my not turbing me in light ofthe small and the discrepancies in response be the best solution, but itis one the actual count of the votes. I solution many states have ala re-vote ifthe check ready adopted, in the absence recommend for the deposit has not been sent of any federal legal protection of our gay brothers and sisters. to Samuels. Additionally, all matters should be voted on While the lesbian, gay, such as they are in any democracy and bisexual, trangendered and individually. their friends continue to battle counted by neutral Last year we had input so why a right wing's war against the not now? If theidea of a democgay agenda, which often result racy offends the President then in hate crime's, we salute commaybe she shouldn't be a Presimunities that accept and emdent. brace us, and moreover we saAnna Kobialka 2L lute communities that are willto allow us to create our safe ing Late Night Limo Riding Law havens. Student Debunks Desireability Respectfully, of Samuel's as Default B.C. Dolmo and MemDrinking and Debauchery bers of OUTLAW, University at Locale... Buffalo, School ofLaw As a student who appreciates an open bar, and a reason to As of 1997, these are go out, I have to comment on the States that have hate crimelaws recent problems arising over the that include sexual orientation: location of the Barrister's Ball. Arizona, California, It is my understanding that the Delaware, Florida, Illinois, SBA was looking at a new downlowa, Maine, Massachusetts, town site to hold theBall. When Minnesota, Nebraska, Nevada, was brought to my attention New Hampshire, New Jersey, this got excited because as we all I Oregon, Utah, Vermont, Washknow there is nowhereelse to go ington & Wisconsin out in Buffalo besides downtown, unless you don't want to — Disgruntled 2L Would-Be Downtown Dancer Declares Discontent and Demands Vote on Ball Location Be Done De N0v0... . . . As a 2L who was unable attend as a IL, I was looking to forward to attending the Ball this year. I did not get an opportunity to vote much like most students because I was not herefor many classes were canceled on the Thursday before October break, but I would have chosen the Downtown location. Downtown is very accessible and the Hyatt, which I have dealt with for other functions in the past, has a general policy of price matching. Downtown is accessible to those with and without automobiles and has various other forms of entertainment in an area very close to the Hyatt. No real concern about drinking and driving. Additionally, many individuals live close to down- deal with a crowd. Last year I was nappy to hear about a law school formal with an open bar. Especially since the Dental school had one at the Statler (which is downtown). Then I found out it was at Samuel's and that put a damper on the affair. So my friends and I came up with a plan because drinking until midnight wasn't that sweet. We all threw in $60.00 and rented a limo because we need to get ten intoxicated bodies from Clarence to downtown Buffalo. Then it about a foot of happened snow — it took almost an hour to get to the first bar downtown. This was a hassle I could have done without. Now, let's turn to this year's ball. The problem has boiled down to price as do most good issues. The Hyatt is supposedly more expensive than Samuel's — Grande Manor. If one looks at provided by the Moot Court my illustration [see illustraBoard were to honing their Continued from pg 1 tion at bottom ofpage ED.] ■argument. the rest of this is easier to unbecause they had the harder "I don't think there derstand. The Hyatt is right in issue, they weren't winning. were very many surprise the middle of everything and "I felt that it questions, because we provides more options for the should be, if you did a damn practiced," Trapp said. "There drunken law student looking good job arguing for the weren't really too many for fun. The most obvious is PGA, you should win, not questions they could throw at theremoval of a long, tortuous justbecause the argument's us that we hadn't heard before." drive from Clarence to downharder....some judges did Swift added: "Each town. Secondly, the Hyatt is a comment to us, 'Oh, you coach had two teams, and our whole lot nicer. Finally, we can had the easier argument, other team was Karyn rent a room, which the Hyatt and then didn't go on and Connolly and Dana Lundberg. said it would give a discount say, 'but you also had a We worked together, for. The only positive for great presentation,' when exchanged ideas. Our coach Samuel's is that it is in the we were on brief. And they was Mike Chmiel--he was middle of nowhere. did the same thing with the great, too." Now I don't know how PGA...' you did an excellent The final round bemany other law students go out job, with a difficult fore the three-judge panel at on a regular basis, but from argument.'" Erie County Courthouse was what I hear spending $40.00 is Swift backed up challenging, but not quite what not that bad for a night on the Trapp's assessment. "Luckthey expected. town. It is not unusual to spend ily, we did well off-brief. I "I was scared," Trapp $20-30 on a regular night, so think a lot of people who mentioned. "Everyone was why would you be upset about were PGA perhaps feel like saying, 'Oh, Professor Finley, spending another $10-20 and they were judged by their she's argued in front of the getting a nice dinner and open argument." Supreme Court- and she bar. Anyhow, this is only a Trapp hastened to worked on the problem, so we problem if the Hyatt doesn't point out that this was not thought we were going to get match Samuel's which I highly the fault of the comquestions from way out in left doubt. It is only beneficial for petition's organizers. "As field from her. Actually, them to establish a relationship far as I'm aware, there is a Professor Finley and Judge note in thebench brief to the Denman were rather on the with the school. If the point of the event judges that says 'you quiet side, and Judge Albin is to have a formal affair where shouldn't take that into Adams, from the 3rd circuit—a consideration.'" one can have a good time retired judge—was the one who Swift talked about really asked a lot of questions." then the Hyatt is the answer. the difference between Trapp thought the Besides, the students who usually attend this affair will be arguing for the PGA, and question in the finals were able to handle spending a few arguing for Martin. "The enjoyable and fair. "It was extra dollars if that is true first night, I was only asked applied equally, to everyone. to have the convenience of one question...." As I said to Leslie, after the Swift complete round—'we just got ham being downtown. I know that I would personally rather elimi- her sentence. " ...And they mered.' But at least everybody got hammered." nate the need to drive to the hammered the PGA that Swift described how night. I thought that was bars afterwards because nothwas so because it two the felt when they found ing is worse than being dressed unfair, obvious that these out the results of the final up and drunk with nowhere to blatantly our with round. people agreed "Rachel and I were go. So, SBA, if you are the let that argument they just really surprised that we won, voice of the students — start us go." because both Brian and Andy listening to what we have to say said that are on law review...they're Trapp because I can name 10-15 this was not a omnipresent great people, really committed, people who are debating not however. and phenomenon, they do a lot ofhard work. going if the Ball is at Samuel's. second our "The We were surprised when they night, Thank You, were fabulous when said judges "appellee won;" we had to Omar Gomez — 2L we were off-brief. They take a second and say 'Wait a asked everybody the same minute, are we on or offbrief?" Letters To The amount of questions." The two concluded Aside from this, that adequate preparation, and Editor and other subthe unique circumstances of in particular the practice missions are welthe case posed another sessions were the Board, were come: All submisfor the the two factors they helped challenge As Swift competitors. put them to victory. sions shouldbe in our it: "Well, they always asked The Moot Court has lands by approxius if we played golf, and tapped its first round of selected Board Members as of nately SPM on we'd be like 'n0....' The team Thursday, November 5. The Thursdays (the earmentioned how helpful the new Board will be announced ier, the better). practice drill sessions in next week's Opinion. — — — — j Please include both a hard copy and a copy on Word Perfect 5.1 (if you ask nicely, we'll evne return your disk). The Opinion is located in the basement of O'Brian Hall. About 20 miles ■ ~ c Samuel s Hyatt" "="[] |—-| LJ Bars LOUNGE UPDATE The furniture is in place. The security system and procedures are a go! All law students received forms in their mail box with instructions on how to get access to the new Law School Lounge. Opening date should be very soon. Return the required information to Tiffany Weiss in room 312, O'Brian Hall, and soon you will be one of the "in crowd" hanging out in our new student lounge. �November 9, 1998 6 away my rights. Likewise, if my doctor THE ANARCHIST Voting, II Another exciting offyear election has come to an end, and not. much has changed. The pundits tell us that since the Democrats picked up 5 seats in the House (still minority party) and 0 seats in the Senate (still a minority party), this was a GREAT election for Democrats, and that this was very bad for the Republicans. Of course I, being nei- ther Republican nor Democrat, took solace in the fact that Jesse "the body" Ventura (of WWF wrestling fame) body slammed his way to the Governor's position in Minnesota (giving me a new found respect for that state). Otherwise, the usual cast of politicians won across the country. Al D'Amato lost his Senate seat of 18 years, but he lost it - to Chuck Schumer I don't consider this to be a big change. Had George Pataki lost his governorship to Grandpa Al Lewis (of The Munsters fame), I would have been a little more enthused. Turnout for this year's election was average for a mid-year election, with approximately 37% of eligible voters showing up. Remark- ably, this was considered a good turnout, since "lower than usual" turnout was predicted. We are indoctrinated from an early age that we should vote. Those who don't vote are labeled as apathetic, indifferent, or some other derogatory term. I am here to disagree. 1 have several fundamental problems with the concept of voting. Voting is a convenient way to get people to accept things that they would normally NEVER accept. The idea is this: Get people to think that they have participated in the process. Trick them into thinking that their vote meant something. Then, and perhaps subtly the most important, label those who do not participate as "apathetic" or "not caring." Finally, create the myth of the "wasted vote." Here is how the plan works: (A) From a very early age, start telling kids that voting is important. This way they start to really believe personally that voting is a goodthing; (B) As the kids get older, explain the process by teaching them how it works from a very unrealistic point of view. Use the Federalist Papers to should need permission of"the people" to obtain such items (and the reality is, despite what (E)- by Russ Klein -(A)ardent prohibition supporters and moralists say, some patients cannot physically swallow or keep down conventional non-major candidates. This is show how the process is depain relievers). signed to work. Tell them that nearly as important as the last 1800's anarcho-capitalthere is free and open debate step, since it helps insure the ist lawyer Lysander Spooner (you must be careful and skirt political duopoly in power by discussed this problem in his around the issues of why third scaring those that do choose to series of calledM? Treaessays and minor parties despite on vote into one camp or the son - The Constitution of No the ballot in all 50 states ~ are other. Its not as simple as that Authority. He pointed out that excluded from the debates. you are caught in a catch-22 of course. New York state sets The debates are often sponsituation when elections are sored by groups such as the up serious roadblocks to getheld to decide issues that are League of Women Voters. ting on the ballot, and the Reto you. For eximportant They have never adequately publican Party has battled said, he ample, if aproperty tax explained why they systemati- tooth and nail trying to keep to vote, you would vote is up cally exclude candidates from the Libertarian Party off the ballot in many states. The in self defense to protect yourthe debates). This is very imLeague Of Women Voters and self from the tax. But this portant to build up an unrealdoesn't mean that you accept istic picture ofhow the system the television networks exthe process that could end up works, and leads us into the clude third parties from the detaxing you (much as if you are bates (unless you're a bigfinal two parts; attacked and you physically (C) Now, once there is bucks candidate like Perot), defend this does not yourself, an unrealistic picture of how despite being on theballot in all mean you support violence). the system works, youngadults 50 states. a soludid not have Spooner But this aside, I do not get a view of how the system tion to to except the problem, really works. Also, the politi- believe that our rights should abolish as we government cians and the media step in. be up for election. If the state it today (of course, The media labels those who put a ballot issue out that states know was also a little bitter Spooner "all people of xxxx group shall don't vote as "apathetic." Polithat the government enacted ticians will tell us that we get no longer be protected by the to counter his laws specifically to decide. It is our choice, so Constitution," should I vote successful highly private post we should follow through on against it? Obviously I would office for a better collection thatright. These young adults, be against it, but if I voted of his views and his experidisgusted by what they see, do against it,might I stillbe sending the message that I approve ences, check out the compilanot vote. tion book LetsAbolish (D) Finally, for those of this process? I do not acgovernment! by Lysander that do vote, we are told that cept nor do I believe that the which includes the Spooner, we shouldn't "waste" our vote nebulous concept of "the mentioned essay). previously or "throw out" our vote on people" should be able to vote Henry David Thoreau explained the problem in a different light, in his essay Civil Disobedience. Thoreau described voting as doing nothvote, has a sacred responsibilthey have a job and a nice car ing but merely feebly expressity to learn about what we are and house, it doesn't matter ing what you wish to be done. voting for. If we do not, and what the politicians do. A Unfortunately, Thoreau's sumvote anyway, we are pervertdamn pity. Here's a golden mation is partially incorrect. ing our system of government. opportunity to send a message The main power of voting is It will come back to haunt us. to all those that intend to lead the righteous scoffing by the In fact, if I hear correctly this country, that we don't want winners of the election that ("Politicians suck!), it already our politicians to suck any"the people have spoken" and has. I know, I am an ignorant more (no pun intended). I bet "you had your chance, but you dumbass, "but hey, it's my withinthat majority belongs a lost." Whilerejecting the right little person called you. You of"the people" to decide what right." But you say, "it's not my bitch and whine because poliis right for me, I am not forfault; it's the fault of the lob- ticians are only in it for themgetful of the sort of power that byists and the politicians' selves, and when you get a such a claim of legitimacy can greed." Come onalready. You chance to tell the politicians to hold. voted with your eyes closed worry about this country inAll political systems and and so did your parents. You stead, you put your head in the methods have their problems. voted these people in. Why sand. But hey, it's your right. The with problems Ah yes, I did vote for a authoritarianism and monardon't you take responsibility and learn about what you're SBA representative without chy have been examined by voting for? If you don't know, having a clue about anything. this author in the past. The don't vote. Stop perverting the Does it piss you off? It should. problems of democracy, howsystem. Vote in people who are I perverted the system, and I ever, are a great deal more not going to listen to lobbyists might have to put this school tricky, because of the illusion and aren't greedy. If you don't in decline. You do it to our of control to the people. Deknow who they are, don't vote. country. I do it to your school. mocracy is the best of all curStop ruining our country. Stop But hey, it's my right. rently realized system, I supthe attitude oflive and let live. pose. This does not mean that I don't give a rat's ass, if it is Editors note: The Opin1 should like it. My solution? ion does not edit the personal Eliminate the system (and the your right. need for the system), of In the polls, the majorexpression of those who subity of people in this country, mit. Be sure to edit beforeyou Continued on page 7 — - I Asked By JIM C. SCHINDLER (2L Visiting) Well I asked for it, and now I will give myself my opinion. I was asked recently to vote in the SBA election. "It's my right," I was told. I have no stake in the election. I will not be here when those elected will imprint their mark on this prestigious school. I also had no clue for whom I should be voting. I haven't seen these people before, much less heard of them, and even less knew if I wanted to have them representing you in the SBA. But hey, it's my right. Talk about the blind leading the blind. Guess what, I picked one of those names, and now you have a representative you may not want. Hell, I could've run as a write-in candidate, and you might've gotten a representative that really couldn't give a hill of beans about UB Law's problems. A pity, but hey, it's my right. Surely, I jest, but think about it. This is a typical see- nario every two years in this country. All I hear these days is how politicians suck. Do they? Well, that's a debate that Congress can have after they get done with Clinton. But, assuming they'll find that they do, it's your fault. You think you have this right to vote. You don't know about the issues. .. You don'tknow the candidates. Yet, you vote because hey, it's your right. So you go into that voting booth, see an issue caption, vote your gut; look for a D or an R, punch a little whole in the card; slip out of the booth, get what you voted for, and then complain that everything sucks. What in the hell kind of democracy is that (Actually, this country is not a democracy, but that is another "I asked for it" opinion.)? That's a democracy that is swiftly in decline. But, "come on, you idiot, it's my right." The Constitution did indeed give each of us a right to vote, but along with every right, comes a responsibility to use that right correctly. Every one of us,, especially those who believes that marijuana is the best way to treat my medical problems or medical discomfort, I do not believe that I for It don't care about the Clinton scandal. They figure that if send it on in. �Volume 50, Issue 9 Listen To Your Heart Continued from page 1 ester and began working as a "line attorney" in the DA's sex crimes division. He secured a Masters in Public Administration and was headed for Washington when the bureau chief position opened up, keeping him in the Buffalo area. As isthe case with many aspiring attorneys, Mr. Wienmann had not originally intended to pursue the criminal law. He gave the students the following advice. "Listen to ymir heart". Knowing what area oflaw to pursuerequires a degree of self reflection to find where your interests and talents lie. In explaining how he has not experienced the burnout which many lawyers experience, he referred to the fact that he chose to pursue the path which was right for him. This was not the obvious path for Mr. Weinmann to follow as he came from a family of physicians and could arguably have made more money elsewhere. Yet, therewards from this exciting and unpredictable work has carried him beyond the limitations of being simply a "line attorney" and have afforded him the success and satisfaction he seems to experience. This, sadly, appears to elude many attorneys who choose a career less for the satisfaction than the paycheck and prestige. He stated the District Attorney's Office likes to see some record of their genuine interest in the criminal law when considering jobcandidates. Other elements he cited as important to gaining entry to a prosecutors office included a strong character and solid ethical integrity. Communication and people skills were also stressed as paramount. Much ofwhat a prosecutor does each day involves meeting with people and clearly communicating issues. These are the sorts of things which cannot be learned through a book. Mr. Weinmann discussed how important actual practice is to becoming a proficient prosecutor. He stated that there is very little formal training in the DA's Office. Soon after starting, a new attorney is thrown into the courtroom to learn the skills ofthe trade in a trial by fire. This is perhaps why most offices will not consider hiring an individualuntil they have passed the bar. He recommended that an excellent way to gain some of this experience and to see how the office operates is to intern. Though the DA does not pay its interns they stand to gain outstanding and varied experience. When asked about the effects of which acting as a pros- ecutor has upon him, Mr. Weinmann stated that some degree of personal danger is an element of the job. He stated that one must simply trust that the psychotic mind is rational enough to know that the prosecutor is merely doing a job. He also believes that the number of people involved in a prosecution, from police to sentencing officers, helps to diffuse a criminal's anger toward any one person. This perspective of "merely doing a job" helps to keep the prosecutorial and defendant's lawyers from taking it too personally or being acrimonious towards each other in most cases. He likened it to an old Warner Brother's cartoon in which the characters cordially punch in together at 9, immediately go about beating each other up, and then at 5, punch out and immediately resume being civil toward each other. This is not to say that everything is always smooth. Politics does enter into the DA's office as everywhere in life. There is politics involved in the many different agencies juggling competing jurisdictions. There is also the politics involved in getting, and keeping, a job in an office answerable to political entities. Mr. Weinmann gave the example of the specter of turnover when a new Attorney General is elected. Sometimes nothing changes, while at other times many people maybe demoted to line attorney positions or be out of a job entirely. His advice for working in a DA's office basically amounted to staying flexible and light on your feet. Mr. Weinmann addressed the question of whether working for a defense attorney hampers one ability to act as a prosecutor. He agreed that a potential conflict of interest occurs for attorney's who try to switch mid stream. This necessitates getting a release form clients served in a defense capacity that they understand theirformer attorney might soon be on the other side of the table. He stated, however, that this is not really a problem for students who might be doing work for a defense attorney, yet, with to practice The Anarchist Continued from page 6 course. Meanwhile, despite thefact that many "analysts" labeled the voters of Minnesota to be idiots who would regret their decision (this is true, I heard this on CNN, where news announcers could not stop themselves from ridiculing the prospect of "Governor Jesse Ventura"), I am happy that he won. Yes, heis now a part ofthe "system" that I so despise and distrust, but he beat the two party duopoly. That in itself is a great accomplishment. Top Ten Reasons Stupidity should be a crime Submitted by Howie Beyer 10. Idiots who max out at 40 in a 55 M.P.H. zone. 9. Food service on cam- pus. 8. Air conditioned snow plows (big demand in NYC). 7. New Jersey. 6. Movie sequels 5. Those chimes that play Jingle Bells over, and over, and over on every tree in Walmart around Christmas. 7 4. People who find their Civil Procedure book to be useful. 3. Jessie Helms. 2. People who look at you as if you just molested their dog, and then run away when you ask to borrowtheir cellphone to report afire that is clearly burning, smoke and all, two feet to your right. (True Story) 1. Anyone who helped to inspire this list! (They wouldn't know who they were). SB A President's Corner By Tonya Guzman I am sure everyone is tired ofthe controversy over the ball. However, there are always 3 sides to a story and the students are entitled to hear every side. Therefore I address the following: The Survey The last count given was done 3 weeks after the responses were in. 1LVince Gregory counted them and immediately prior to my last Opinion article, 3L Tanya Green counted them. They remain in the SBA Office for anyone who wishes to see them. The deposit Most of us know that any paperwork takes a while to complete and because fall break was approaching it was important to begin the paperwork as soon as pos- sible. Yes, the ball is in March, however, many groups and wedding parties reserve dates far in advance and the longer you wait the less chance you have of obtaining the date you desire. I asked Betsy to assist in the paperwork process and because she preferred the DT location, and she did not mind paying $40 for a ticket, she was quite hesitant to assist me and informed me that I needed her signature to complete the paperwork. I informed her that I was the President (as opposed to a rep) and any four E-board members can sign the required papers. As per my conversation with Sub-board, they require any 2 E-board signatures. Part of this reason is so that no one person has total control. The deposit was not handed in until 3 weeks after the submission of the survey. After weighing all the factors, the SBA Vice President Kirn Fanniff and myself signed off on the paperwork for the Ball. the one who decided to discuss room discounts with him, however, Mr. Scime informed me that would not be able to offer any arrangement lower than $35.00. He also stated that he felt we were offered a great package at Samuels. Interestingly, at our first SBA meeting, Betsy opted not to be on theBall Committee. Nevertheless, she had plenty of opportunity to continue her discussion with myself, Kirn or at our bi-weekly board meetings, yet this was never done. Having been involved with the SBA for the last 3 years, I have grown accustomed to varied opinions and conflicts amongst its members. I can only Continue to perform my job and represent the students needs. Price Both prices given were prefaced with the word approximately. Nothing is in stone until you choose your entre, open bar, and whatever other variables you opt for, but that is not discussed until you hand in your deposit. I was * Editor's Note: This column is not intended to act as a viewpoint of the newspaper, and we invite all interested parties to contribute to the debate as they see things. as a prosecutor. There will surely be more panels put on by the Criminal Law Society. These are certainly worth attending from an informational point ofview. An additional reason to attend is their functions is that this is one of the few clubs to provide good food during their presentations. The attendees had the benefits of soft cookies and a vegetable platter throughout the discussion, well worth the price of attendance. Cartoon by 3L and Layout Swami Ken Grant �Volume 50, Issue 9 SPORTS na o Opi i\ioi\oit'fi,., By DAN BAICH The 1998 New York Yankees. 125-50 (including postseason). Greatest Team Ever? We will probably never be able to say for sure. It is very difficult to compare teams from different eras because ofthe way the game of baseball evolves and changes. The debate will probably continue in places such as Stan's Sports Bar and the Brooklyn Dodger for as long as baseball exists. There is no scientific way ofcomparing teams from different eras. Alas, here is my attempt to prove (we ARE law students after all) what I believe, that the 1998 Yankees are the best ever. I will analyze the five best teams from major league baseball history, position by position, to see how this 98 team measures up. The criteria is simple, 107 regular season wins and a World Series Championship. Left offthe list, any great team that did not win the World Series (Sorry '06 Cubs fans), and, in my opinion, the greatest team ever, the 1936-1939 New York Yankees, who wonfour straight championships and dominated an era, but never put together that oneremarkable season. Remember, this is for the greatest team in baseball history for one season. The 36-39 Yankees are without comparison when examining a multi-year period, but that's a debate for another column. So, here are the contenders (1)-the 1927 Yankees (110-44, a .714 winning percentage, a 4-0 Series winner over Pittsburgh), (2)- the 1961 Yankees (109-53, .673 winning pet., a 4-1 Series winner over Cincinnati), (3)- the 1975 Cincinnati Reds (108-54, .667 winning pet., a 4-3 Series winner over Boston), (4)- the 1970 Baltimore Orioles (108-54, .667 winning pet., a 4-1 Series winner over Cincinnati), and (5)-the 1998New York Yankees (114-48, .704 winning pet, a 4-0 Series winner over San Diego). Of course, there are many great teams excluded from this list for either lack of victories or the failure to win a 8 World Series, (honorable mention to the '86 Mets, but if you need a ninth-inning error to win your validating World Championship from the most cursed franchise in all of sports, shame on you). The accompanying chart illustrates the rankings for each position player onthese teams, as well as the pitching staffs and benches. I'll let the position statistics speak for themselves, I can't see too many arguments ensuing when the numbers are there in black and white. The pitching counts triple because of its impact on every game. The bench statistics count double because bench players are critcal over a long season. The '70 Orioles had three 20 game winners and.two closers with 13and 12 saves respectively. The '27 Yanks had three starters with 18 wins or more and their closer had 19 wins and 13 saves. The '98 Yanks had 3 starters with 16 wins or more and a closer with 36 saves. The '61 Yanks had 2 starters with 16 wins or more and a closer with 15 wins and 29 saves. The '75 Reds didn't have a starter with over 15 wins (they had three with 15) and their closer had 22 saves.. As far as bench production the only other teams besides the '98 Yankees to have someone hit over 10 home runs off the bench or drive in more than 40 runs are the '61 Yankees who had Johnny Blanchard hit 21 HR with 54 RBI, and the '70 Orioles who had Merv Rettenmund, with 18 HR and 58 RBI. The '98 Yankees had three players hit over 10 HR, and two who drove in over 50 runs. Allright, I will admit myaverage of rank system is not the most scientific, but can you come up with a better one? Based on the numbers, the 1998 Yankees are better than the '70 Orioles and the '27 Yanks The '61 Yanks finish fourth and the '75 Reds fifth. Hopefully, this numerical look will put the debate to rest (yeah, right). I, however, am confident in saying the '98 Yankees are the best team ever. Just remember where you heard it first... Comparison Chart First Base 1-Lou Gehrig ('27 Yanks, .373 BA, 47 HR, 173 RBI) 2-Boog Powell ('7O O's, .297, 35, 114) 3-Tino Martinez ('9B Yanks, .281, 28, 123) 4-Tony Perez ('75 Reds, .282, 20, 109) 5-Bill Skowron ('6l Yanks, .267, 28, 89) Second Base 1-Joe Morgan ('75 Reds, .327, 17, 94) 2-Tony Lazzeri ('27 Yanks .309, 18, 102) 3-Chuck Knoblauch ('9B Yanks .265, 17, 64) 4-Dave Johnson ('7O O's, .281, 10, 53) 5-Bobby Richardson ('6l Yanks .267, 3, 49) Shortstop 1-Derek Jeter('9B Yanks, .324,19, 84) 2-Dave Conception ('75 Reds, .274, 5, 49) 3-Tony Kubek ('6l Yanks, .276, 8, 46) 4-Mark Koenig ('27 Yanks, .285, 3, 62) Belanger ('7O O's, .218, 1, 36) (lark Third Base Reds, .317, 7, 74) 2-Brooks Robinson ('7O O's, .276, 18, 94) 3-Scott Brosius ('9B Yanks, .300, 19, 98) 4-Joe Dugan ('27 Yanks, .269, 2, 43) 5-Clete Boyer ('6l Yanks, .224, 11, 55) etc Rose ('75 Left Field 1-Bob Meusal ('27 Yanks, .337, 8, 103) 2-Yogi Berra ('6l Yanks, .271, 22, 61) 3-Don Buford ('7O O's, .272, 17, 66) 4-Ken Griffey ('75 Reds, .305, 4, 46) Curtis ('9B Yanks, .243,10, 56) rd Center Field 1-Mickey Mantle ('6l Yanks, .317, 54, 128) 2-Bernie Williams ('9B Yanks, .339, 26, 97) 3-Earle Combs ('27 Yanks, .356, 6, 64) 4-Paul Blair ('7O O's, .267, 18, 65) 5-Ceasar Geronnimo ('75 Reds, .257, 6, 53) Right Field 1-BabeRuth ('27 Yanks, ..356, 60, 164) 2-Roger Maris ('6l Yanks, .269, 61, 142) 3-Paul O'Neill ('9B Yanks, .317, 24, 116) 4-Frank Robinson ('7O O's, .306, 25, 78) Foster ('75 Reds, .300, 23, 78) leorge Catcher Iston Howard ('6l Yanks, .348, 21, 77) Bench ('75 Reds .283, 28, 110) orge Posada ('9B Yanks, .268, 17, 63) at Collins ('27 Yanks, .275, 7, 36) Hendricks ('7O O's, .242, 12, 41) eohnny Nil ie ching Staff (Counts Triple) l-'7O Orioles 2-27 Yankees 3-'9B Yankees 4-'6l Yankees 5-75 Reds Bench (Counts Double) l-'9B Yankees 2-'6l Yankees 3-'7O O's 4-75 Reds 5-27 Yankees Final Totals (Average) l-'9B Yankees 3.45 2-'7O Orioles 3.81 3-27 Yankees 4.00 4-'6l Yankees 4.18 4-75 Reds 4.90 HELP!! The Student Bar Association and the Opinion are forming a committee to help deal with The Opinion's financial situation. If you are interested in helping insure the long term stability of YOUR law school newspaper, then join us in our quest for financial stability. All interested students are welcome. Please contact SBA Representative Vincent Gregory, IL, or Editor In Chief S.A. Cole, or Op/Ed Editor Russ Klein (rklein@acsu.buffalo.edu) for information on how you robotic multiplicity can help out. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 09.11.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/780617f7588100a8c6478f802241f82d.pdf 1123e37746fafb111c3c06f307ef67de PDF Text Text November 17, 1998 Volume 50, Issue #10 Vt Veri Special EconomySized Issue! OPINION Veriversum Vivus Vici "Just because we're broke doesn't mean we're quiet." For the law student on the go and in the know. Wahoo. Rachel Needs a Roommate!! "I'm desperate," said 2L and recent Desmond champion Rachel Trapp. "Soon, I'll be forced to use my...uh..."0ral advocacy" skills to pay the rent. I need a roommate. / need one bad—and I need one soon." Trapp brought her plight to theOpinion, knowing the staff would be sym- pathetic with her impecunious position. "I wanted to bring this story to the paper, because I understand they're broke, and figured they would understand the things you have to consider, just to makeends meet," said a tearful Trapp. "I talked to Cole, and we thought maybe my rent, and the next edition of the paper, could be taken care of if we...." Trapp then trailed off, a look of horror etched on her face, as she wondered what theCriminal Law Society would think if they knew what she was contemplating. Trapp is the Vice Chair (but not that kind of 3L TO BECOME FIRST LAWYER IN SPACE -by Denis Uminski, 3L -3L Paul Gennari of the University at Buffalo Law School will become the first lawyer in space. Gottfreid Hydrazeen, the Director of the National Aviation and Space Administration made the historic announcement this week. "Gennari is perfect for this mission!" said Hydrazeen, flanked by Dean Olsen and President Greiner. "His engineering and law degrees, and his excellent physical conditionmake him an ideal candidate." "I'm really pumped!" said Gennari, looking forward to the shuttle mission, which takes off immediately after he is sworn into the Bar in January,2000. He will take his oath right on the launch platform. His trainingbegins on August 1, 1999. Gennari will be busy throughout the mission. He will dock with the Mir Space Station within 4 hours of launch to depose Soviet Cosmonauts regarding the highly publicized supply ship collision, which took place recently. He will also depose them regarding claims of American astronauts alleging intentionalaffliction ofemotionaldistress. Following this phase, Gennari will land on the moon to supervise repossessionof a vehicleleft there by lunar astronauts and will conduct a title search and surveyof the dark side of the moon to support U.S. property claims. Gennari will be available continuously to mediate disputes among shuttle crewmembers and between the crew and mission control. The prospect of a lawyer on a shuttle mission has sent shudders through the ranks ofengineers configuring the payload. Gennari will be restricted to four heavy law books and 20 CD Roms. IBM is designing a notebook computer with a lightweight titanium case pressurized with helium. As an engineer himself, Gennari has con- cerns about the notebook design. "If the computer catches fire, the titanium will burn at an incredibly high temperature, and, if the helium leaks out, it will make my voice sound funny." Gennari will be continuously linked to Westlaw and LexisNexus on a radio frequency in the two gigaherz band. A reporter asked, "What if Gennarifails thebar exam in July of 1999?" "No problem," said Hydrazeen, "We'll immediately ask Congress to pass legislation admitting him by motion to the Federal Bar." Critics of NASA are asking if a lawyer is really needed in space. Strom Thurmond has loudly denounced the project on the Senate floor. When asked about this, Hydrazeen said "Thurmond hasn'thad credibility in the area of aeronautics and space exploration since he opposed funding for the Wright Brothers! Now that we sent John Glennback into space, we can do what we want." vice) of the organization. Trapp concluded her complaint by crying out: "All I'm looking for is a roommate to share a fully-furnished, threebedroom, upper, non-smoking apartment; $150 rent doesn't include utilities; washer and dryer available!!! The house is on Rugby Rd near Colvin and Hertel-near the zoo!!! Is that so much to ask?" Editor's note: Despite our manner of delivering the message, Rachelreally is looking for an apartment roommate. You can call her at 875-5564, or reach her a box 812, if you can help her out. Thanks. Public Interest Professor Jam * Unwind with a great evening of live jazz. This Thursday, UB professors and students bring the swing to the Calumet Arts Cafe on Chipewa. All proceeds further BPILP's mission to ensure equal justice through equal access. $7 Advance ticket for sale in front of the Law Library this week, 11:00 AM 2:00 PM. $8 Door tickets. Thursday, Nov. 19, 8:00 PM. Doors open at 7:00 PM. - •• • •• •• •• • Criminal Law Society Moot Court Meeting Join us in planning this brand new UB Law event! Wedesday, November 18 4:00 Room 112 Contact: Rick Staroploli Box 804 Or the CLS Office »j • # • # • * • * • * •• •_••_•• •••••• SBA NEWS Samuel's It Is! The SBA convened on Wednesday, November 11th, to determine where the Barrister's Ball should be held this coming spring. They argued, they voted, and determined the ball will be held at Samuel's Grande Manor. The decision to put the matter to a vote follows several contentious continued on the only other page. �SBANEWS Demi-- Editorial Welcome to our special mini-edition of the "Financial Crisis Opinion." In keeping with the size of our issue, I'll keep this short and sweet. In fact, as our Op/Ed Editor put it this week: "This is a great time to complain about stuff at the school without having to explain what you mean." In the interest of carpe-ing the diem, I have decided to do just that. Here you g0...ca1l itEditorial Lite: The law school should be downtown. North campus should have been built in Buffalo. Starbucks should have lower prices, fewer stores, and nicer clerks. The library should have wingchairs and a smoking room. I should be Queen of the Universe. The SBA should give the Opinion more money, even though they don't have any money to give. Somebody had better look into figuring out what the law school mascot is. It was too windy last week. . , Thanks! Enjoy the Opinion S.A. Cole Editor-in-Chief continued. weeks in which accusations of improper pro- holding the ball downtown serves to foster alcess have been aired. coholism and irresponsiThe argument was no bility among the student population. They argued less heated at the meeting. Those who argued in that those who recognize favor of the Hyatt they may become too pointed out that there is drunk to safely drive more to do downtown elsewhere (AKA downand that it is safer and town) after the ball, a more accessible. The common activity, will be board was reminded of better served by a longer last year's blizzard like ball and extended open conditions which made bar in the suburban locadriving difficultand that tion from which they even in good conditions may responsibly drive it may be hard for some home afterwards. The pro-Samuel's student's to get to the remote location which is clan further supported not serviced by public their case by pointing out the $15 price difference. transportation. News In Brief 'X' Sludge to Remain Secret The unknown substances at Area 51 will remain secret after the Supreme Court refused to hear an appeal from the area notorious for UFO sightings. Several workers, and their decedents, contended that they developed cancers after THE MINARCHIST Computer Labs (A) By Russ Klein (E) I am happy about the new computer labs. The lab itself is nicer, cleaner, and the computers actually work. The sign-up procedure is minimal (and since a LOT of people forget to actually log out, you often don't even have to log in). But there is a serious problem with the labs that I have noticed. There have been a lot of complaints regarding the proctors those guardians of the hardware. It is often difficult enough to figure out who is actually the proctor in the lab. It is outright frustrating when I have a question for the proctor, and the proctor does not have any clue as to how to resolve the computer problems. Through the grape — Those who favored Samuel's, rebutted that vine and through people complaining directly to me, I have learned that I am not the only person who has encountered this problem. Shouldn't the stewards of our computer lab (A) be more prominent, and (B) have the knowledge necessary to handle problems standard problems that a law student is likely to encounter in every day use that may arise in the computer lab? I praise the administration for doing what is necessary to provide us with astate of the art computer lab. But just because we have to share the lab with other graduate students does not mean that the workers, when identifiable, should be oblivious to the problems of law student users. — - being directed to incinerate 'unknown substances' in large, open pits. The workers contend the smoke the burning produced led to the development of deadly cancers. First, however, the workers needed to know what it was they were burning. The 9" Circuit, where the appeal originated, agreed with the government's contention that they did not have to reveal what was present in Area 51 or even have to reveal the name of the facility. The Department ofDefense and the EPA claimed the information was a state or military secret and, hence, need not be revealed in the course of a suit. 'Doh' O.J. Simpson's custody battle has been reopened. Judge Nancy Wieben was criticized for not taking evidence of O.J. 's abuse and the possibility that he had committed murder, into account when granting Simpson custody instead of the children's grandparents. At the time,Simpson had not yet been convicted in the civil trial and, hence, was considered innocent of murdering the children's mother when custody was awarded. The appellate court found that it was error not to consider all ofthe factors in the case. The custody issue will be reheard taking into account One representative pointed out that all of their stated goals, sobriety, thrift, and participation, could be better served by having a cake party on campus which all could safely afford. His attempted motion to bar the ball in favor of a cheaper alternative for the cash strapped SBA, however, was not seconded. The Ball will cost the SBA $2,000 for such amenities as decorations, cheese platters, and the 16% gratuity Samuel's will receive. In the end, our representatives decided to vote through closed ballot. Thus, it is impos- sible to report on which of your representatives voted for what interests or ends. The final ballot, in favor of Samuel's, was decided by only one vote. In other business, the Human Rights Law Review requested a $1,000 for new computer. Theirs had irreparably crashed necessitating a new one in order to publish this year. The SBA explained that they have only $2,000 left for the entire year. They were, however, able to offer the group 1/4 of the requested sum to replace the machine. By Peter DeWind O.J. 's propensity for violence, the children's wishes and the effects oftaking them away. Say Cheese The Supreme Court will determine whether it violates the constitutional protection against unreasonable searches to allow television cameramen, and other reporters, to tag along on police calls to private property and homes. The practice has become prevalent in the wake of the public's desire to have the more turbulent aspects of life edified for their amusement. This case was brought by a couple who were photographed in their bedclothes as police tried to arrest their son. The police has brought the media into their home without their permission. A similar case to be heard was brought by a Montana family who claim Federal agents violated their rights by bringing a CNN crew onto their property without permission or consent. The court has not yet decided whether to hear a related claim, that CNN has also violated their rights by coming on theirproperty without permission. Files Opened The New York City Police Department's own complaint files will now be open to outside scrutiny. Public Advocate Mark Green, empowered under the city's own charter to investigate, noticed that of the 96 verified complaints made against the department in 1996, in 53 of those cases no action was taken. The appellate court agreed with Mr. Green that these files, recording the inquiry into such misconduct as brutality, must be open to his independent scrutiny. Mayor Giuliani has said he will appeal opening the misconduct files. Children Welcome A city strip club does not have to move because they allow children into their shows. Mayor Giuliani's antipornography / public decency laws called for places which serve adults sexual appetites to be closed if they are within 500 feet of a residential area. Ten s World Class Cabaret in Manhattan challenged the law by claiming that they do not only serve adults, they also invite children to attend. The club claimed that in 1994a 14year old South African boy had attended a show with his parents. A Supreme Court Judge, Steven Crane, agreed that the Club's contention that this meant they no longer served only adults and, thus, were exempt from the regulation. Giuliani claims the city will appeal the ruling which actually encourages exposing children to partially naked adults. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-11-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 10 17.11.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/17/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f0083a8fb50fc4240b4de7926c134f1e.pdf f108de2b61ada9ad014cc38d20f0494e PDF Text Text Vol. 51, Issue #1 THEOPINION STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW OCTOBER 18, 1999 Competition warms up for Desmond by Peter Dewind '00 The Charles S. Desmond Moot Court Competition officially got underway as competitors began picking up their problem packets in late September.. The yearly event presents students with the oportunity to test their appellate skills against those of their classmates. The competition is open to all 2Ls and 3Ls who have not participated previously. The Desmond competition allows students to argue a real case through the appeals process. Competitors begin by choosing whether they will represent the appellants or appellees in the action. They then write formal appellate briefs supporting their arguments. The competition is 'closed' in that the positions may only be supported by cases contained in the problem packet. The competition proceeds as teams spend three consecutive evenings in late October arguing their points before live panels of judges and attorneys from the community. This year's question stems from an event which occurred at the Virginia Polytechnic Institute (VPI). Christy Brzonkala alleged that in the fall of 1994 she had been raped three times in her college dormitory by two football players she had met only minutes before. Though she did not immediately report these events, she eventually filed a complaint with the campus authorities. VPI suspended the perpetrators while Ms. Brzonkala dropped out of school and waited for VPI to prosecute. Initially, VPI found one of the men, Morrison, guilty of sexual assault and suspended him. Crawford, the other football player, received no sanction as he had cooperated with the school's investigation. When Morrison threatened to sue, however, VPI held a new hearing. Morrison was finally only found guilty ofusing abusive language. Morrison was later allowed to return to school on a full athletic scholarship. Ms. Brzonkala later filed a claim against Morrison under the Violence Against Women Act (42 U.S.C. § 13981). Brian McGrath demonstrates his skills during the 1998 competition's final round. This act had been passed by Congress under the authority of the Commerce Clause and the 14th Amendment. The U. S. District Court of Virginia granted Morrison's motion to dismiss. Appeal was heard by the 4th Circuit which agreed with the District court's finding that Ms. Brzonkala did have a validclaim under the act. However, both courts determined that Congress exceeded its authority when it gave victims of gender motivated violence a private cause of action against their attackers. The 4th Circuit also determined the 14th Amendment did not authorize Congress to create a private cause of action. This provision was what allowed Ms. Brzonkala to personally sue her attacker. The court determinedthat the 14thAmendment was designed to restrict state actions. Thus, it could not be used to regulate purely private conduct such as an act of violence against women. There had been no showing that states were impermissibly violat- The Violence Against Women Act had been supported by both the Commerce Clause and the equal protection clause of the 14th Amendment. The 4th Circuit found that gender motivated violence against women does not have a nexus with an economic activity which 'substantially affects' interstate commerce. In so doing, the Court followed a line ofreasoning from recent Supreme Court cases constraining the reach of the commerce clause. The result was that the 4th Circuit concluded that the act was not authorized by the Com- ing women's Constitutional right to equal protection. Further, the private cause of action did not address any unequal protection by the state, rather, it addressed a perpetrator's purely private act. The Supreme Court recently granted certiorari in this case and is expected to determinethis issue during the term beginning October 4th. Thus, this year's Desmond competitors will have the rare opportunity to argue a case at the same time that the Supreme Court will be determining that very issue. The competition will Student Bar Association debates fund transfer The UBLaw Student BarAssociation is discussing where to place $1,500 of unused funds. At the board's Sept. 30 meeting, its first of the year, SBA leaders tabled a motion to move $1,500 from its Student Assistant fund to a separate fund. The board, which had budgeted $2,500 to hire a student assistant, eventually hired an assistant for $1,000. The motion was tabled after third-year representative Betsey Snyder proposed moving the money to the SBA's general start-up line, rather than the social line as originally proposed. By a 14-1-4 vote, the discussion was put off until a later meeting to give incoming board time to study the issue. merce Clause. *Barrister's Ball: Mary Snyder, Jill Skretny, Betsey Snyder and Gabe DiMaio. * Golf Committee: Vince Gregory. * Constitutional Revision: Danita Mendez, Scott Whitbeck, Emilio Coliacovo and Melissa Freeman. *Social: Dave Polak, Shannon Fuhrman, Jill Skretny, Matt Klein and Allison Porcella. *SK: Sheri Crosby. *Building: Matt Klein and Greg Grizopolous. *Community Service: Gabe DiMaio, Sheri Crosby and Allison Porcella. *Academic Services; Shannon Fuhrman. proceed in the next few weeks with competitors filing letters of intent to represent a particular side and preparing their briefs in two person teams. Each team will then be assigned a moot court board member as a coach and will file their briefs by 5 PM on October 13th. Oral arguments are set to begin on October 18th. Each team will argue at least three times, and must switch sides to argue the opposing position on at least one ofthe evenings. Judges will score the presentation on such factors as the ability to answer the panel's questions. The eight teams with the highest scores will be selected to proceed to final rounds, to be held at the old Erie County Hall in Buffalo. Two clerks also are present at each of the matches between two opposing teams. These are usually lL's who get the chance to see the format of the competition first hand. Clerks read the preliminary instructions, serve as bailiffs in calling the court to order, and act as the competition's official timekeepers. WNY Women's Bar Association installs officers The Western New York Chapter of sistant Executive Editor of the Buffalo the Women's Bar Association of the State Law Review. She served as the of New York installed its officers and di- WBASNY's President-Elect last year, and rectors at its annual installation dinner Sep- has servedas a state delegate. She was also named the organization's Doris S. tember 16. New WBASN V officers for the com- Hoffman Outstanding New Lawyer of the ing year include President Joy C. Trotter, Year in 1998.. President Elect Deborah J. Mulbauer, TreaLana Benatovich was honored as resurer Jill K. Bond, Deputy Treasurer cipient of the organization's 1999 Suzanne K. Taylor, Secretary Monica J. Eagan, State Delegates Sheri L. Keeling, Deborah J. Muhlbauer and Melinda R. Saran and Local Directors Holly Baum, Melissa Hancock Nickson and Shari Jo Reich. Trotter, a 1994 graduate of the SUNY University at Buffalo School of Law, is an Assistant Corporation Counsel for the City of Buffalo, where she was As- President's Award. Benatovich is the Executive Director of the National Conference for Community and Justice, Inc., and has devoted her life to eradicating prejudice through education. She is a current Advisory Board member of the Buffalo Urban League, Martin Luther King Commission Celebration Committee and a member of the Board of Trustees of the (continued on page 3) �October 18, 1999 THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen Managing Editor: Jared Garlipp News Editor: Kevin Hsi Staff Reporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Amhcrst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or MicrosoftWord file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly,provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. Commentary My 'Pinochet' Question by Kevin Hsi '00 "Fire away," George Bush said jovially at the end of his speech in reference to the start of the question and answer period. Of the two dozen or more people who lined up by the microphones, nine of us got a chance to do so. However, none of the local media covering the event were in those lines. Prior to the start of Bush's speech, a local reporter told me that the regular news media were specifically excluded from asking Bush any questions while he was on the U.B. campus. Conse- quently, when Bush told the audience at the start of the speech, "if I don't like your question, then to hell with you," it looks like he wasn't kidding. The fact that many in the audience chose to applaud the speaker's request for them to censor themselves raises many disturbing issues regardless of how many Bush partisans were there. Nonetheless, I kept in mind what one of the news reporters said after informing me that they could not ask Bush any questions themselves: "Ask him a good one." I then told the reporter that, "I'll try to do so." Consequently, I decided to ask Bush a question about his controversial but mostly unknown view on the legal battle surrounding the arrest of Augusto Pinochet, the former dictator of Chile. Of the six people who came before me, it was clear that Bush did not have any trouble answering their questions. With the exception of an older man in the audience who demanded to know why Bush didn't allow the U.S. forces to march into Baghdad during the Gulf War, the rest of the questions were friendly and soft to the point of irrelevance. For example, one student asked for Bush's view on the U.S. team's controversial behavior after it won the Ryder Cup golf tournament in Europe the week before. Other questions were noticeably partisan. In fact, the first speaker, a middle-aged schoolteacher, was so drawn-out in her praise of Bush for (supposedly) bringing "decency" to the presi- dency that even he had to ask her if she really had a question to ask him (she didn't). Likewise, a student asked Bush whether or not he wanted to be on the Su- preme Court "once your son wins the presidency." Bush responded by saying that he wasn't interested because "I'm not into politics anymore" and "I am not a lawyer." Bush then addedanother reason he was not interested in the position was because "I am not particularly enthralled with lawyers" a line which drew a fair amount of applause from the audience. Finally, a teenager who spoke right before me asked Bush, "if there was one thing that you wanted me to remember you by, what would it be?" Bush responded, "I hope (that) it would be said: 'He served with honor.'" Bush added that he would like that phrase to be his "epitaph" and that - he was "confident that the historians would say that" about him regardless of any mistakes that he may have made as president. It was then my turn to ask Bush a question. Although there were many things I wanted to ask him that night, I knew that I only had time for one. My question to George Bush then went something like this: "I'm not a lawyer, but I am a law student here at this law school, U.B. law school, and I am studying international human rights. I have this question that 1 really want to ask you on this subject and I hope you will answer it because it deals with one of those 'incorrigible dictators' that you were presumably referring to earlier in your speech and it involves something that happened while you were the head of the CIA at the time. As you probably know, Augusto Pinochet, the dictator of Chile, was arrested last year in London, England in October because a judge in Spain wants to try him for many human rights violations that he had committed against the people of Spain in Chile as well as the people of Chile. For example, there was also an opponent of the Pinochet regime and an American as well who were (continued on page 4) Editorial The More the Merrier Hi. This is the Opinion, newspaper of the SUNY Buffalo School of Law. Yes, just like several other law schools, we do have our own newspaper. In fad, we have had one for 50 years now. For those ofyou whoremember the banner 50th year, sorry, thepaper simply ran out ofmoney. For those who don't, or have chosen to forget, it was the newsprint thing which appeared in your mailbox duringthe fall semester last year. Yeali, you remember now, that thing you read in Perspectives class between paying your bills and taking a nap. Where it's at Well, we're finally back up and running. Dave and Pete have finished brawling and are now trying to bring the old IBM back intofighting shape after last semester's unexpected hiatus. All the new software has been installed and we're at last able to bring out the 1999-2000 volumes. Why? Pulling a paper together is, in a word, arduous. The layout alone ends up taking the better part ofa day. Don 'I get me wrong, no one's complaining. It !v what we agreed to do and we're glad to be involved. Then again, it's not like Dave wouldn't prefer spending some time with his family while Pete has a house in Binghamton in the midst of renovations. There are, however, reasons why everyone here is willing to forego some of theirfree time. The Opinion fulfills the obvious role of informing people of what is occurring. More than thai, however, it serves to foster communication in a school where people often do not see classmates for months and often never meet, much less know, people from other graduating classes. Perhaps it is a throwback to the idealism rooting of the original UB program, but, this sort of egalitarianism should be fostered. After all, the lack of a cohesive grading system was supposed to foster friendliness. There are of course, selfish reasons behind involvement as well. There is no denying that it's pretty cool to see one's work in print. Additionally, like the erstwhile editors, we would like to see the Opinion, and the student input it contains, receive the recognition it has not enjoyed for some lime. Where we've been We have subscriptions to other law school newspapers including such esteemed papers as Harvard's Record and NYU's Commentator. Year after year these schools receive accolades and recognition from the ABA. This includes recognition of both the newspaper content as a whole and the work of individual columnists and cartoonists. We used to be there 100. Looking upon the Opinion walls, one can see the plaques which evince a serious run of excellence back in the 80s. So what went wrong? Well, I've read the papers from our heyday, as well as the papers from these other winning schools, and can tellyou that the decisive factor is having a variety of contributors. These papers had lots ofpeople from different clubs and different viewpoints all putting in their two cents. Many will remember the alternative from the last few years. A handful ofpeople stuck writing page after page of material. A handful ofpeople portraying only a few perspectives week after week. Theformer possibility is much better. When everyone chips in, doing a little something for the paper at least once during their stay here, the result is belter quality, greater variety and a product which is actually worth reading. It is simply a matter of valuing this community to the point where making a small contribution offew hundred words is not that great of an expense. Nope, ain't gonna do it The Opinion is only as good as the submissions received. In the past few gradualing classes, it seems that only a few people have been interested in getting involved. When the material is all by the same two or three of the 650 students who attend here, the paper tends to be 'not so good.' This has happened in the past few years. To add insult, the same people who could not bother to help out in any fashion, proceeded to complain to the overworked editors of the time that the paper was not to their liking. This is a long way for community involvement to have fallen in a few short years. We have no intention to go through this ill-fated cycle again. No one here has any illusions that people want to spend yet another year reading the editorial staff rant on for six pages. Further, we have neither the time nor the inclination to stop going to classes just to Jill pages. Sadly, this has happened in the recent past as well, as a few brave individuals have simultaneously shouldered the roles of all seven editors, feature writer, reporter, editorial cartoonist, and columnist. With a gigantic shlupping sound //; the past few weeks, many people have expressed their belief that one has to be a staffmember to have somethingpublished. Others have statedthai they thought writing something down would mean they would he roped into being depended on week after week to help out. The editorial staffhere wants to stress that this is not the case. The Opinion Constitution hinds only certain individuals to regular servitude. Namely, the editorial staff. No one else here is bound to any sort of commitment. Those who chose to put in an article ofsome sort gel the credit for being a contributor. Those who put in more than one little article, gel the opportunity to consider themselves as 'Staff.' These people gel to include this on theirresumes as proofpositive of community involvement. Further, 'staff gel to hang out in our luxuriously appointed offices featuring a microwave, phone, couch, several nice computers and the mysterious mini fridge of fungus. All very civilized and all very innocuous. Who knows, we may even throw in a bigger coffee pot if sub board isfeeling generous this year. The skinny We hope to submit articles and issues to the ABA this year and hopefully will win some more plaques for outstanding, contributions. This will only happen if people help to make this paper the type ofwry observational instrument it once was. We've read the Harvard Record, which includes such topics whatAllyMcßeal did this week and where to gel good pizza. Someone among us must be able to lop this. We give you our word, if we can all do this, I promise that there will be no more stick figure cartoons. In any case, at least we 7/ all have something entertaining to read in Perspectives. �October 18,1999 THE OPINION 3 Carr Speaks on the Death Penalty and DNA Evidence By Peter Nicely '01 body wrongfully you can't correct any mistakes. Second yearlaw student Peter Nicely interviewed Professor Charles Carr on the criminal justice system in the United States. According to published reports, United States Justice Department statistics show that sixty-two wrongfully convicted individuals have been exonerated by DNA evidence in recent years. In addition, so far this year 76 individuals have been executed in this country. If this trend continues, we will execute more than KM) for the first time since 1951 when 105 people were executed. Carr did not agree that the DNA exonerations are casting undue doubt on the criminal justice system. In this country we would rather have some guilty people go free than have one innocent person be convicted. Our system is designed that way because we know that people make mistakes and people are running the system. That is one of the problems with the death penalty, he said once you execute some- In New York State alone there have been roughly 23 people executed in error. Carr thinks the practice should be discontinued because it indicates a misplaced expectation on the criminal justice system which in reality is not a perfect system. In the Metaphysics of Morals Immanuel Kant formulated an elaborate systematic retributive theory of justice whereby the punishment must equal the crime. But how is it possible, if it is possible at all, for convicted killers who apparently have little or no respect for human life(including his own) to pay equally with their own life for life of an innocent victim? The Professor said that it can't be possible. People are individual and unique and they are not fungible commodities. If people want to justify the death penalty they need to do so on some basis other than retribution. He said that some people think that killer will escape; but even if escape were a real possibility, it is outweighed by the the worst acts should be punished with the worst penalty, but the worst penalty is not necessarily death The Professor's favorite example is the case of Susan Smith, the woman convicted of drowning her own children several years ago. They didn't kill her and every day she has to sit there in that jail cell and remember what she did. To people who want an eye for an eye, Prof. Carr says that even if you want the punishment to fit the crime you should keep convicts alive because killing them justlet's them off the hook. Once they are executed, it's all over and they don't suffer any more. In response to a question on the deterrent value of the death penalty Professor Carr said that the states of Florida and Texas have applied the death penalty liberally but they don't boast oflowered murder rates. The death penalty has never been shown to reduce murder rates. As far as special deterrence is concerned, there is no reason to believe that any individual possibility of mistaken wrongful execution. Asked what kind of example state's to give the general public by killing people who commit crimes, Carr said that at least there is a risk that some people may get the wrong message. For example, he said that his own parents smoked. He said that when his parents told him not to smoke, he could not wait for a chance to smoke that was the first thing thathe wanted to do. The professor said that sometimes people learn from what you do instead of what you tell them to do. A personal note from the writer: I have never been in a lynch mob, but every time an execution occurs I feel tike I am one of many members in what is, in effect, a stale sponsored lynch mob. I challenge any ofmy fellow law students who have an ounce of courage to take the time to write about this or any otherpressing social matters and submit their ideas to the OPINION for publication. — WBASNY holds annual dinner UB attempting to computerize handwriting analysis (continued from page 1) Handwriting analysis could reach new levels in the near future, thanks to researchers at the University at Buffalo. Researchers at the school's Center of Excellence for Document Analysis and Recognition (CEDAR) were awarded a $428,000, 16-month grant from the National Institute of Justice to develop computer-assisted handwriting-analysis tools for forensic applications. The new tools could make it easier for law enforcement officials to identify writers of specific documents. "Our first focus in this project will be to establish on a scientific basis whether or not handwriting is truly individual. We will be asking 'is the handwriting of different individuals truly distinct,'" said Sargur Srihari, Ph.D., SUNY Distinguished professor in the UB Department of Computer Science and CEDAR director. At least one UB Law professor thinks that whatever the answer, traditional handwriting analysis methods may never be the same. "To me, it's a really positive development for the legal system, no matter how it comes out," said Professor Charles Ewing, who teaches criminal law at the school. CEDAR is the largest research center in the world devoted to developing new technologies that can recognize and read handwriting. Over the past 10 years, CEDAR developed and refined software now used by the U.S. postal Service to read and interpret up to 80 percent ofall handwritten addresses on envelopes. "Previously we were never interested in who the author was. The main focus of our Handwritten Address interpretation system was to say 'What is common or average about this handwritten address,' not 'What is special?' But with this project, we will be asking 'What is special about this?'" Efforts to analyze handwriting in criminal or civil cases have often involved obtaining samples of writing from potential suspects or witnesses and then comparing them with the writing in the document in question. A 1993 Supreme Court decision stated that in order for expert testimony to be admitted in court cases at any level, a scientific basis for that expertise must be proven through research and the peer-review process. However, Ewing said, the science is still very rudimentary. "It's more of an art form than science," he said. Ewing believes that any conclusive study will profoundly affect the admissibility of handwriting evidence. "This could prove to be groundbreaking or make it more difficult for handwriting and document evidence in court." He is also concerned that it could lead to too much weight being placed on handwritten evidence in court. "It could go either way. Or it could wind up with more research being needed." If the CEDAR does find a stronger scientific basis in handwriting identification, Ewing foresees the development of a national data base, similar to the government's current fingerprint data base. Network of Religious Communities and St. Bonaventure University. Carol Condon was honored as the recipient of the organization's 1999Achievement Award. She has served several years for WBASNY. She has served as the representative to the New York Chapter on the State Matrimonial Committee and on the Board of Directors; she was later elected to two terms as the statewide organizations Treasurer, and was the WNV Chapter President in 1995. She co-chaired the Chapter's Pro Bono Committee and was instrumental in the early development of the Lawyer's for Economic Progress project. She also served on the Chapter's Judiciary Committee, the Haven House Project, the Legislative Committee and the Board of Directors. Condon graduated from the SUNY University at Buffalo School of Law in 1982., . ~ ', w^:::: Bffiml ' /'■!■' "'i'v^^^^^X^ ,^^^^^^, wr^'-'"Xss**'' ',v' ' ' '■■ ■y--■'■'■■'"' '-iy': ': "-"'[- -[\ jJj 9/23 <I tr» i»i 11/18 J' I ,, '' QQQ mkmt, «mL»* --'■'^^*I_ ■.'.'----^γ--- eeeei iraocEif o*fn. Miptt Saeat X»e«turers i T.nnF ttt># .-M"" niiilia Bappi»g on • _; liWraHPMlii . a ,, ri . iJJD POw v �- <>-f'C"' ff-l^j �October 18,1999 THE OPINION 4 Bush Discusses the 'Pinochet Principle 9 COMING UP (continued from page 2) blown up and killed in Washington DC. while you were head of the CIA. Yet in April of 1999, you stated publicly thatthe attempt to extradite Pinochet, to have him tried in Spain, was quote, "a travesty of justice" and that Pinochet should be sent back home to Chile even though human rights groups say he has no chance of being tried there.Therefore, I want to ask you if you can elaborate on what human rights groups have called the Pinochet Principle and why you feel it's a "travesty of justice," even though Pinochet is one of those incorrigible dictators whokilled over 3,000 people in Chile and 100 Years of Women atUB Law Celebrated graduates with a special centennial conference, "Sisters m Law: A Century of Achievement at ÜB," to be held Oct. 21-22. The conference will recognize the many remarkable women who have contributed to the betterment of V Law S<bool comma aHy and the nation's iegaJ profession over the past century. T&e celebration will teaidre distinguished keynote speakws md panelists who will addtess kgal topics of impor* tancf to women Workshops will be held on topics tbai include workplace issue*, access lo health care, managing money and tig work and fam iJy, The keynote speaker will be Lorraine Dusky, an awardwinning journalist und author of Still Unequal: The Shitnk-ful Tiuth Abo»( Women and Justice irj America. A luncheon will salute women in Ihc judtctan and a dinner will honor ihe women who scive as trailblazers for the professtun. Registration is Si4s lOi (he conference, inucbeon and dinner and $100 toi conference and lunch. The fee for the luncheon is $25 mid $45 for dinner.Tables of 10 are also available. Students may attend the conference for free; lunch for students is S1? and dinner is $55. Registration deadline is Oct. 15. More Alumni Convocation, Jaeckei Award Dinner Nov. 6 The 24th Animal Alumoi Convocation and 1999 Jeackle Award Luncheon will he held Saturday, Noverobei 6. The Jaeckle Awatd, the highest honot tht- University at Buffalo Law Schonl and tin? Law Alumni Association <m besiow, will Ixs prwxMUtsd lo Ettn» HaUett Jaeckte, cJ«ss of 1936. U Tbv is gjveo aonually to an individual who has diaioguisht-d hirusd! or hers^Jt and has made s<'gBtfK*nt cootrii>titiotvs to ibe UnivftMiy at Buffalo and Ibe legal piofc-vsi'-n. Topicj tot prtMrntatiun a< the Convocation induJc jun innovation*., expedited and specialized case and , Cost of (he program , iSU for Aluium Aswt.idiii.iu mem- Law Alumni Office, 3 12 O'Brien Hail. Questions can be directed Dean llene Fleischniann ut 645-2107. to Assistant UB Law Gold Group, SBA Sponsor Halloween Happy Hour The UB Law Gold(Graduates Of the Uμ Decade; Group and the Student Bar Associalwn wjll horn a HaUowwn Happy hour Thursday, October 2H. The even! will be held M the Shebeen, 252 Delaware Avenue. Buffalo, from 5;30- 9p.m ll iwH include free finger foods and drinkspecials. Help Wanted: reporters photographers columnists web editor op/ed editor graphics editor business manager advertising manager Those intersted should call the Opinion at 645-2147 or stop by O'Brien Hall, Room 7. elsewhere, including Americans." From the way Bush looked at me during my question, it appeared that he was neither thrilled with my question nor did he expect it to be asked. Bush paused to think for a moment and then responded as such (roughly verbatim): "Let me explain something here. Now many ofyou may not know this, but after I won the Gulf War, I was actually declared a war criminal by Iraq. This was done by the Iraqi Revolutionary Council, their allies, along with some left-wing lawyers here in the U.S. such as Ramsey Clark. Therefore, what this means is that Iraq or some other place could try to have me arrested and tried as a war criminal even though I was the President of the United States. So I disagree with this so-called Pinochet Principle. I think it's very misguided and it sets a very dangerous precedent.l just don't believe a judge in Spain should be given the power to reach into England to arrest a former dictator and a current senator from Chile. This Pinochet Principle as you call it would make it very dangerous for someone like me or some other world leader to travel anywhere around the world. This means that I could get grabbed. Let's say I am traveling in Yemen and then someone from Iraq tries to arrest me because they didn't like what I did during the Gulf War. I certainly wouldn't want that. So you have to understand that no matter what bad things certain people may have done elsewhere, we can't really go around the world trying to arrest them. That is why I think this Pinochet Principle sets an extraordinarily dangerous precedent for other leaders." There was an awkward moment of silence. I then tried to ask Bush a follow-up to my question on Pinochet, because I felt he was evading the contents of my question. "But, Mr. Bush," I began to say, "what does that mean for the world when..." At that point I realized that my microphone was cut off. I then asked out loud, "Can I ask a follow up question?" A person in the audience then yelled out, "Hey, let him speak", evidently in reference to me. However, Bush turned his gaze away from me and towards the questioner at the other microphone who began asking his question on a totally different and evidently more friendly subject (since it was accompanied by laughter at Bush's response which I didn't hear). The young woman in line standing in back of me then whispered to me that, "He (Bush) cut off your mike. He is not going to answer your question anymore." At that point, I realized that I wasn't going to have any more chances to ask Bush another question and so I sat to record what both of us had said. As it turned out, Bush only took two more questions after mine before hastily thanking everyone and saying good-bye. Whether or not my question had anything to do with his somewhat abrupt departure, I can't be certain, but the applause in AlumniArena was noticeably softer whenBush left then when he entered. I asked Bush a question on Pinochet because it was specifically related to a major debate in international law and because it was directly related to a notorious assassination that occurred in Washington D.C. in the 1970s while Bush was the head of the C.I.A. Earlier that night, when introducing Bush, U.B.s President William Greiner, listed this accomplishment from Bush's biography: "as director of the C.I.A. during the mid-19705, Bush was... , widely praised for restoring morale to that agency." Neither Greiner nor Bush elaborated on what this statement actually meant. It just so happens that during this time period, a terrorist car-bombing occurred right in the heart ofWashington D.C. on September 21, 1976. The car bombing killed two no- table individuals: the first was an exiled foreign minister from Chile named Orlando Letelier. The second was a young American named Ronni Moffitt, who also worked at the Institute of Policy Studies, a prominent progressive think-tank. Letelier happened to have been a vocal critic of the regime of General Pinochet, the dictator of Chile, who had overthrown the democratically elected government of Salvador Allende in Chile in 1973 with the strong backing of the C.I.A. Eventually, a lengthy investigation of the car bombing concluded that Letelier was almost certainly assassinated in the U.S. under direct orders from Pinochet in Chile. Yet, for several years after the bombing, the U.S. government, including the C.I.A under Bush, claimed it could find no evidence of Pinochet's involvement in the deaths of Letelier and Moffitt (the latter also a U.S. citizen). Subsequently, the arrest of Pinochet in London last year on an extradition warrant from a Spanish judge named Baltazar Garzon was hailed by Chileans and human rights activists around the world as a "monumental step forward for human rights." The subsequent legal battle that have occurred in the British courts over the legality of extraditing Pinochet to Spain to stand trial for human rights violations have led the British House ofLords to conclude that a former leader of a country may not be entitled to complete legal immunity for certain crimes such as torture which were committed under his leadership. This decision to uphold the legality of Pinochet's extradition has been termed the "Pinochet Principle" by human rights activists who argue that no one, not even foreign leaders, should be immune from punishment for human rights violations. Pinochet himself is currently facing extradition for at least 33 separate acts of torture committed in the period between 1988 and 1990 shortly before he voluntarily stepped down from the presidency in return for complete immunity from prosecution in Chile. A British Magistrate Judge is set to rule this month over whether or not the allegations of torture against Pinochet (e.g., ordering the use of electric shocks on suspected political opponents) are legally sufficient to continue the extradition process under British law. Whether or not an "incorrigible dictator" like Pinochet is ever extradited for Spain and tried from his many crimes will be one of the ultimate tests of the powers and the limitations of international law as it relates to human rights. As such, I must strongly disagree with Bush's contention that the Pinochet Principle "sets a very dangerous precedent." In my view, which I hope to expand upon at a later time, the Pinochet Principle is a long overdue step towards revising the concept ofsovereign immunity which has allowed for many "leaders" around the world to commit injustices against their own peoples (as well as the citizens of other countries) without ever being punished for it. Furthermore, Bush's opposition to the Pinochet Precedent is also strikingly inconsistent, as it were, with his own actions as President when he had ordered the invasion of Panama in 1989 in order to arrest and capture the current leader at the time, Manuel Noriega. Noriega, you may recall, was ultimately tried, convicted and imprisoned by a U.S. federal court on the U.S. government's contention that he was an international drug trafficker. As such Bush's support for the release of Pinochet seems to be at odds with his view that "incorrigible dictators and terrorists" as well as "international narco-traffickers" are among the enemies whom the U.S. must now confront. Pinochet's actions against Letelier and Moffitt in the U.S. (as well as numerous opponents elsewhere who were also killed outside of Chile), coupled with his seventeen years of brutal rule over Chile and his steadfast refusal to acknowledge any doing, would certainly seem to qualify him as both an "incorrigible dictators" and "terrorists" whom Bush said the U.S. had to confront. Likewise, Bush's open support for the release of Pinochet to Chile makes his statement that his "greatest concern as President was for the national security of our country" circumspect in light of the deaths of Letelier and Moffitt in Washington D.C. while Bush was director of the C.I.A. Ultimately, Bush's view of the Pinochet Principle as a supposed "travesty of justice" and a "very dangerous precedent" goes against his own contention that the U.S. "must never yield in its commitment to human rights and democracy." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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More than 100students, faculty and members of Buffalo's legal community took part in "Sisters In Law (A century of Achievement at UB)," held Oct. 22. The event included an alumni panel discussion, a salute to women in the judiciary, and several seminars. While much of the event focused on the history and achievements of UB Law graduates, attendees were reminded of the nearly 400-year struggle of women nationally to be a full part of the profession, with several speakers declaring the struggle is "While we have a lot to celebrate, but we have a lot to accomplish," saidUB Law School Dean R. Nils Olsen, Jr. during the conference's opening remarks. Author Lorraine Dusky deliveredthe event's keynote address, discussing landmark events in the history of women in law. The writerof the 1996 book "Still Unequal: The Shameful Truth About Women and Justice in America," listed several "courageous women who brought us here," by forcefully pushing for entrance into what had traditionally been a male-dominated profession. In particular, Dusky detailed resistance against women's move into the legal field, even after the first women were admitted to law schools (at Washington University, University of lowa, and Howard University) in 1869. Yale had at one point denied diplomas to women who completed school there, and the NewYork Times had editorialized that "married women could serve humanity better than by becoming lawyers." "We would win some, we would lose some," she said. Dusky offered advice to today's female law students and graduates. "Mentor each other. Don't let them fall between the cracks. If a teacher, man or woman, be a strong advocate for women. Support each other," she said. Several graduates ofUB Law School discussed theirschool and professional experiences during a panel discussion.Lillian Cowan '27, who still practices law, knew Rogers andWiener. Both women mentored female law students while practicing law locally. "It was my privilege to know these women and admire them," said Cowan, one of six women in a graduating class of 100. She and Hon. Mary Ann Killeen '52, Hon. Betsy Hulrey '61, Hon. Rose H. Sconiers '61, Barbara Kavanaugh '83 and Tonya Guzman '99 painted a picture of a profession that gradually opened its doors to women over the decades. "You have to be said who ..forceful," Sconiers, aggressive. said that female attorneys did not command the respect that male lawyers did in her early years. "Being taken seriously was a challenge I faced," she said. The event also honored several UB Law graduates who are serving in the judiciary. Receiving special citations were Hon. M. Delores Denman '65, Presiding Justice in the NYS Supreme Court Appellate Division; Hon. Jacqueline M. Koshian '59, Justice, NYS Supreme Court, Eighth Judicial District; Hon. Rose D. La Mendola '55, Justice, NYS Supreme Court, Eighth Judicial District; and Hon. Ann T Mikoll '54, Associate Justice, NYS Supreme Court, Appellate Division, Third Department.. Cobb and Dolan earn Desmond honors by Peter Dewind '00 The 1999 Desmond Moot Court competition concluded this past weekend. The final round of oral arguments were held at the Erie County Court on Saturday, October 23. In the end, the 2L team of Kevin Dolan and Charles Cobb emerged victorious. Twenty Four teams completed their appellate briefs and proceeded to the final rounds. The rounds began Monday, October 18lh Each team argued for three consecutive nights. Each night's competition was against a different, randomly selected team before a different panel of judges drawnfrom the surrounding legal community. At the end of the round, judges scored each competitor's argument and gave feedback to assist in improving future speeches. At the end of the third night, the eight teams with the highest scores were selected to go on to the quarter-finals. This round was held on Thursday, October 21" at the Erie County Court. The winning teams immediately argued against each other in the semi-finals. The final round was held on Saturafternoon before Judges Howe, Jasen day and Dillon. Lan Lester and Todd Smith argued for petitioner Christy Brzonkala while Kevin Dolan and Charles Cobb argued the respondent's position. Thisfinal round was followed by a banquet at the downtown Hyatt where awards were presented. Following the close of the competition, each competitor's score for the first three oral rounds was combined with the team's shared appellate briefscore. The top 22 scores were offered positions on next years board where they will take over the Desmond responsibilities and have the opportunity to represent SUNY Buffalo in national moot court competitions. The following teams received top . honors: - - Best Briefs (1). Charles Cobb & Kevin Dolan (2). Joshua Roberts & Bill Taylor (3) Brent Behanna & David Johnstone (4). Alan St. Clair & Terry Sugrue (5). Amy Hemenway & Rachel Kranitz Best Oralists (1). Roseanne McMorrow (2). Lan Lester (3). Bill Taylor (4). Kevin Dolan (5). Mary Snyder.. - The following Desmond Moot Court competitors were offered associate memberships: Michael Argenteri Daniel Deschenes Kevin Dolan Simon Fleischmann Shannon Fuhrman Amy Hemenway Jon Hickey Rachel Kranitz John Patrick Lennon Pietra Lettieri lan Lester Roseanne McMorrow Mark Moldenhauer Norma Polizzi Joshua Roberts Scan Ronan Jill Skretny Mary Snyder Alan St. Clair Terry Sugrue Bill Taylor Matthew Wolf Competitor lan Lester argues his point during the Desmond Moot Court final round. �November 1, 1999 THE OPINION 2 Point-Counterpoint The Opinion Co-Editors in Chief: Managing Editor: News Editor: StaffReporter: Open Positions: Later this year, the Supreme Court will determine the constitutionality of the Violence Against Women Act. The Fourth Circuit ruled that the Act, under which victims of gender-based violence can file a federal civil suit against her attacker, exceed Congress's power under the Commerce Clause and the Fourteenth Amendment. How should the Supreme Court rule? PeterDeWind & Dave Allen Jared Garlipp Kevin Hsi Peter Nicely Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Strike it Down Joshua Roberts '01 Columnists. The Opinion, SUNY at BuffaloAmhcrst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the Stale University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at theOpinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfecl or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they arc signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no wayendorses the viewpoints of its various columnists and contributors. Editorial A Few Kind Words This .space is normally reserved for a thoughtful, well-written editorial reflecting extensively-researchedfacts and lengthy discussions by the Opinion leadership. However, since we are still suffering from a Desmond Moot Court hangover, our readers will have to settle for a couple ofknee-jerk reactions. •** This is the year of States' rights. Among the four cases on the Supreme Court docket questioning the legislative power of Congress, Brzonkala v. Morrison is at the forefront. The law at issue is the Violence Against Women Act, and it should be found unconstitutional. The Violence Against Women Act is predicated on both the Commerce and the Equal Protection Clauses of the U.S. Constitution. Neitherprovision, in its current state, is concrete enough to uphold the Violence Against Women Act, no matter how much Congress may want it to. Federalism, the foundation of the Constitution, is supposed to limit the power of Congress in order to safeguard against centralized government. Historically, the Supreme Court has been liberal in many of its constitutional interpretations allowing Congress to legislate in arenas where it does not have expressed Constitutional , permission. The CommerceClause is by far the most cited example of Congress implied powers. But the 1995 United States v. Lopez decision demanded that Congress show a "substantial affect" on interstate commerce before it may legislate under the commerce clause. The link between gender motivated violence and interstate commerce is far too attenuated to pass Lopez's "substantially affects" test. The Equal Protection question is somewhat more complicated. Expressed in the language of the 14th amendment is that "no State shall" abridge the right to equal protection of its laws. But the Violence Against Women Act is not remedial of implicit State action. Instead, it is a civil cause of action under which suit can be brought against private gender motivated criminals. The Supreme Court will have to determinewhether, as Congress claims, State inaction in enforcing its rape and domestic violence laws is tantamount to an affirmative action by the States to abridge equal protection rights. Congress will also run into the same problems it faced in 1997 when the Supreme Court struck down the Religious Freedom and Restoration Act in the. City of Boerne v. Flores decision. Congress does not have the authority to create new substantive rights under the Equal Protection clause. Despite that warning from the City of Boerne decision, Congress has created through the Violence Against Women Act the right to be free from gender motivatedviolence. While this may in fact be a natural right, it is not necessarily a Constitutional right. No one would deny that violence against women in the United States is a problem needing resolution. But the Constitutional provisions that Congress has relied on to create the Violence Against Women Act leave the law with too many holes for it to be effective. Congress is appropriately constrained by the Constitution in ways that the States are not. State passage and enforcement of laws contending with violence against women are a far more effective vehicle for progress in the arena of gender motivated violence than are Congressional actions to legislate. 1, studentshere are beginning theirthird month of study. Before we send ourselves into a coffee-induced stupor outliningand preparing for final exams, we need to keep our hands out of the sand long enough to take part in that great Amwerican institution. Election Day. Believe it or not, the polls open tomorrow, and those registered can help fill several local town and county offices. Locally, six State Supreme Court seals are also up for election. Also on the ballot in New York is an amendment to, as officials paperwork stales, "authorize the chiefadministrator ofthe courts to assign temporarily a judge ofa city court outside New York City to the county court, the family court odresponsibility to David Allen '01 vote knowledgably and thoughtfully. Next year you can go back to doing what we tell The Violence Against Women Act is a reasonable response to an ongoing and horrid problem gender-based violence against women. Despite the Chicken Little-esque you. warnings of a government overstepping its boundaries, the Supreme Court shoulddo the Last week, while we weren 't looking, the House ofRepresentatives passed legis- right thing and reverse the Court of Appeals Fourth Circuit's irresponsible ruling thatthe lation that would penalize doctors who assist in suicides byprescribing lethal drugs to Act exceeds Congress' power. theirpatients wishing to die. The measure wouldoverride Oregon !v "Death with DigIn ruling that that the Act exceeds Congress' power under both the Commerce Clause and the Commerce Clause, the Fourth Circuit paid blind homage to the United nity Act. " We don 'I want to gel into the issue ofpatients'rights, or of legalized suicide. But States v. Lopez, in which the Supreme Court struck down the Gun-Free School Zones doctors should not be involved. They arc healers by trade, and it is easy to see the Act (SFGZA), legislation making it a federal offense to knowingly possess a firearm in decision to either heal or kill be tainted by 100 many political or financial factors. a school zone. According to Lopez, an act must have a substantial effect on commerce, and not push the limits of Congressional authority. Unlike the GFSZA. ("Gee, the insurance doesn 't covcer this, Bob. What do you recommend?") As one unnamed member of the staffhere put it, as long as Ihere'ti a Mafia, docA four-year study by the U.S. Congress showed that in 1991, at least 1.1 million should leave the reported assaults, including aggravated assaults, rapes and murders, were committed tors killing to professionals. against women in their homes. The same study found that violence was the leading ••« We want tl} acknowledge and encourage several UB Law School students who cause of death in women age 15-44. Such violence much gender-based directly afattended the National Association of Public Interest Law Conference in Washington, fects interstate commerce, by restricting movement, increasing health expenditures and D.C. this past weekend. A dozen members of the school's Buffalo Public InterestLaw reducing consumer spending. While the Fourth Circuit looked at Brzonkala and saw Lopez, two even closer Program received funding from the group to attend the conference, while several more cases were Katzenhach v. McClung. and the Heart of Atlanta Motel v. United States. In attended on their own. According to BPILP leader Joanne Kubiniec, the conference would expose stu- those cases, the top court ruled that banning blacks from restaurants and motels provided dents to potential employers, and possible areas of employment. The event was to in- an artificial restriction on the market and interfered with the flow of merchandice, as clude "table talksessions" with employers, discussion panels, and the opportunity for well as discouraged travel., attendees to pass out their resumes. Congress was also well within its Fourteenth Amendment powere to enact the VAWA. The enforcement power granted under the Fourteenth Amendment conveys the It was disappointing to see the lack of student participation during the recent same broad powers as the "necessary and proper clause." Within limits, Congress is Sisters In Law conference hosted by the school. While free time is at a premium, espepermitted exercise its discretion to determine what legislation is needed to secure the cially at this point in the semester, we can V forget that classwork is only the beginning Amendment's guarantees, as spelled out in both Katzenbach v. Morgan and City ofBoerne of our education here. The conference, like the dozens of extracurricular activities, v. Flores. In enacting the Act, Congress has met all of the requirements and tests to meet the visiting speakers and competitions here provide experiences and educational experibe Commerce Clause and the Fourteenth Amendment, as set forth time and time again by ences that can't be pulled from Lexis or Westlaw. While the experience might not the Bar it that make us the exam, will add a perspective tested on all better attorneys Supreme Court and backed by countless District Court cases. The Fourth Circuit was will when we do begin practice. wrong. The Supreme Court should correct the mistake. Ay oftoday, Nov. Act Is Constitutional - *** - - *** - �November 1,1999 THE OPINION 3 EDITORIAL Bar Nights Soon To Be Thing Of The Past By Peter Dewind '00 ... And Just Ice for A 11... The state has been abuzz with speculation about the new alcohol regulations. College students are concerned that they will no longer be able to engage in the time honored marathon called the 'pub crawl.The concern doesn't stop there, however, as those who tend the engine of collegiate inebriation,are unsure of how far they may go to bring in the customers. The questions arise from a recent addition to the New York State AlcoholicBeverage Control Law. The acknowledged aimof the law was to prevent college students from drinking themselves stupid for one convenient low price which was inevitably paid while sober. The Senate figured that if a student had to pay as much for the fifth beer as the first, the fiscal realities of student life might be enough to put on the brakes. At the very least, the incentive to drink quickly and plentifully would be removed if timesensitive keg offers were ensees, shall: prohibited. "It doesn't apply to us though, right?!?" Granted, every law student in O'Brian Hall is a mature, adult individual. Also granted is that we raise a lot of money for organizations from the regular Thursday drinking events. I'll even concede that at times the room is 'rented' for our arguably private pur- poses. However, the reality of the matter is that the law clearly addresses our situation. Under the new section 117-a of the Alcohol Beverage Control Law, the pay one price bar night is a thing of the past. "You 1ie..." I wish it were not true, however, since we are all students of the law to some degree or another, here is the actual statute. I invite you to reach your own conclusion. Section 117-a. Unlimited drink offerings prohibited. 1. No licensee, acting individually or in conjunction with one or more lie- Up to the Task or Getting Peter DeWind '00 Elevation Constructors #14 contends that union labor should be modifying the law school elevators.The non-union firm doing the work insists that their workers are as well paid and trained as those from the union. Students contend their spirits are not lifted by the continuing elevator shutdowns. The State University system has been improving it's facilities in order to comply with the Americans withDisabilities Act. This has included modifying elevators to ensure they are accessible to the physically handicapped. When the elevators at O'BrianHall came up for alteration, the contract was bid out by the State University Construction Fund in Albany. The Downy-Goodlein Elevator Company was the final recipient of the SUNY at Buffalo elevator contract which included O'Brian Hall. The company is based in Rochester and is a non-union shop. Elevation Constructors #14 is a local union representing people who work on elevators. Its members have been sporadically picketing outsideof O'Brian Hall for the past several weeks. They are protesting the fact thatthe ADA modifications are being done by a non-union, out of town company. Dennis Nelson, Presidentof #14, expressed concern for the pay, safety and training ofthe workers. Union workers are must be certified to prove they have the necessary expertise to become elevator mechanics. Each step in the union hierarchy has a pay scale associated with it. The union is concerned thatthe nonunion mechanics and helpers may not have been adequately trained and, thus, may be putting themselves and coworkers at.risk. Additionally, there is concern that all of the workers may not be receiving the adequate pay required under the prevailing wage rule. The prevailing wage rule requires thatall non-unionworkers on this state job must receive the same amount that a unionized employee would be paid. A 'helper' who has not yet achieved 'mechanic' status is paid 70% of a mechanic's salary. The union is concerned that nonunion helpers may not all be receiving this prevailing wage. In support ofthis allegation they point out the fact that DownyGoodlein's workers must be paid extra to drive in from Rochester each day. Union members postulate that it should be impossible to have had the lowest contract bid when this additional expense is added in. The union has asked the state for proof that all employees are being adequately paid but has not yet received it. They contend that at times workers are not in fact paid what the company claims it is paying when filing the required disclosure forms with the state. Downy-Goodlein Elevator states that these allegations are unfounded. Their workers may be paid less than union workers on other jobs, however, they assert that they are paid the prevailing union wage when required to do so. The fact that they had the lowest bid was said not to be a result of their wages. Rather, it was said to have been a result of the fact that only one local company bid on the job. Downy-Goodlein claims it was specifically asked to bid on this job in as a result of the work they had done on other campuses. Downy-Goodlein was a union shop at one time.They stopped dealing with the union in part because union policies and practices were a hindrance to business. One example cited was the rotating parade of workers the union sent out to job sites. As time went on, elevators came to rely upon computerized controls. However, theunion state members were said to occasionally be un- means and includes the licensee, and any or agents ofsuch licensee. 3. With respect to an individual licensee, this section shall not apply to private functions not opened to the public, such as weddings, banquets, or receptions, or other similarfunctions, or to a package offood and beverages priced at one hundred dollars or more perperson. 4. The authority shall investigate any documentedallegation ofa violation ofthis section upon a complaint by any person. 5. The authority shall promulgate rules andregulations necessary to implement the provisions ofthis section. offer, sell, serve, or deliver to any employees, person or persons an unlimited number of drinks during any set period oflime for a fixedprice. allow a person, agent, party organizer, orpromoter, as such terms shall be defined by the authority in rule and regulation, to offer, sell, serve, or deliver to any person or persons ah unlimited number of drinks during any set period oftimefor a fixed price. Advertise, promote, or charge a price for drinks that in the judgment of the uutiwrily creates an offering of alcoholic beverages in violation of thepurposes and intent ofthis section, or which in the judgment ofthe authority is an attempt to circumvent the intent and purposes of this section, such as offerings offree drinks, or multiple drinks for free or for the price of a single drink or for such a minor amount that in the judgment of the authority the pricing would constitute an attempt to circumvent the intent andpurposes of this section. 2. As used in this section, licensee ... Oh, I see Those rules and regulations have not been 'promulgated' and, thus, it remains to be seen what will become of student functions such as ours. In light of the clear intent to prevent one price drinkdeals of any sort the present course ofaction seems fairly clear. Come November 24, 1999, we must change the way bar nights are operated. UEDNPISALOVTCONTRACT R the Shaft? cooperative in working on the new technology hinting at a lack of current training. While Downy-Goodlein's workers do not have the same accreditation as the union's, it is required to be certified by Monroe County. Most of the larger counties in the state require elevator workers to prove their competency. Downy-Goodlein admitted this could leave a gap in small counties which do not have such requirements. However, they pointed out that it would be virtually impossible for a company with uncertified employees to get insurance. While several law students had no idea of what the picket was about, all were concerned with the continuing lack of adequate elevator access to the upper floors. The time one must wait for an elevator has increased dramatically. This is largely due to the fact that half of the school's elevators are off line at any given time while the modification work is carried out. Some studentsblamed the problem on those who tie up the elevator to ascend one or two floors. Others have blamed the school's overly vertical design for the elevator tie ups. One student who needs the elevator move between even a single floor complained about the lack of consideration among fellow students whocrowd intothe single elevator and leave no room for those handicapped students for whosebenefit the elevators are being repaired. The O'Brian Hall ADA elevator modifications include: lowering the hallway call buttons and moving them to the pillar between the elevators. This ensures they may be easily reached by people in wheel chairs. lowering the control panel inside the elevator. This also facilitates wheelchair use. installing a device which dings as each floor is passed. This gives the visually impaired an auditory clue as to where the elevator is at any given time. - - - Jessup Moot Court announces regional team The Phillip C. Jessup International Moot Court Board recently held its 1999 Intramural Competition, and announced its 2000 Regional Team. Team members include the following: Anita Butera Brendan Kelleher Elizabeth Carlson JenniferFields Alternate: Francisco Ayala The board also named the following associate board members: B.C. Dolmo Jennifer Farrell Alex Guiterrez Darius Keyhani Claire Lubiner Lori Robb �THE OPINION 4 Movie Reviews COMINGUP Erma Jaeckle to Receive Jaeckle Award By Jared Garlipp '00 Law .students are encouraged to join the festivities when Erma HaJlett Jaeckle is presented with the 1999 Jaeckle Award, the highest honor givenby the University at Baffato Law School and its Law Ahinini Association, at a luncheon ai 12 30 p.m. on Saturday* Nov. 6th ia the Hyatt Regency Buffalo. The hm 50 Jaw .stndeats who sign up m the alnmni office (Room 312) are »av»red to attend. Included Is the morning cducatwnal program, all writtea materials, breakfast and the Jaeckie I|||| Award luncheon. "The members o< the Law A}uroni Association and >onjf of the taw h«m are happy k> subsidize the students because ihey feet it ts important for themto become Integrated into the larger Law School family. " says .Assistant Dean Ikne Fteischmann. "Jt is a wonderfal networking opportunity. I hope many students will take advantage and sign up," she says. Mis. Jaeckk. a 1936iaw graduate, will receive the award following the Law School's 24th annual alamni convocation. The annual award, namedfor her late husband, Edwin F. Jaeckle. a 1915 graduate of the UB Law School, is presented to an individual who ha* distinguished himself or herself and made significant contributions to the law school and the legal protesMoo. She is the second woman to receive the award. Mrs. Jaeckle enjoyed an impressive 44-year legal career two states. New York and Florida, as aa attorney in the priin vate and corporatesectors. In 1977, she and her husband made a joiat. major gift to the Law School that resulted in the oreattoa of the Edwin F. Wv.kle Ceatef for State and Locat Government. In 1994,two years after B&mu Ifcx&tedM Mr* &#*& fvcontitrmid her conviction tnat "h is imperative n> attract honest, bright individuals u> public semee and to train tbem better to serve government," and divided to enhance and expand the multiple initiative, of the Center The major expansion wa> her proposal fox anewexterns-nip corns* thataeodsstudenlsioto (he community to work in a variety of assignments. Tl»e program lias been widely praised by students, agencies and community leaders, with over 200 studwtl.s h,i\ nj£ provided .sen ices jo hwic thun sixty different government agencies U\ date. Forum Continues FiIPrssuesislonm There are three film* lelt in the Prison issues Full 1 oium early December. The following tilms series, which tuns through November 4, SUro • The story of a DC gbetto victim who uses poetry as a means of relief from the chaos and violence surtoundiog him. Out oo baU, preaches a message of nonviolence k> those around him. During his trial, he ponders whether to agree to a plea bargain, rat oo bis friends in return for oo jail time, at pkad not guilty and r»sk a iO-veat jail seim-iur lie eventually discovers thai freedom t$ a slate of rutnd, not a stale of the body Noverubei )><, Elayne RappjogonTahlokJOinie Shows • Professor Rapping, a tne<fiaexpett in the Department i.| W.nn n s S«udtcii- will discuss the shili in niedia repfesentalions of crime **• IVJ I'llilJNlltijVill ill \fIw ■ IIU wl Ii 11 vlll IwUl* "*N4 i\ Iv* 1 The Student B<ir Association and the Dental Bar Assi»cia- body. The film "Breakfast of Champions," while not an entirely faithful adaptation of the book, suc- ceeds admirably in capturing the spirit and the humor of the work. I really enjoyed this movie. The cast is top-notch. Bruce Willis is surprisingly effective as the protagonist car dealer Dwayne Hoover. The film follows Hoover's gradual descent into madness surrounded by an increasing proliferation of bizarre and interesting characters. Nick Nolte gives a notable performance as Hoover's lecherous assistant whose name escapes me at the moment. I also particularly enjoyed Albert Finney's portrayal of the decrepit science fiction writer Kilgore Trout, a recurring character in most of Vonnegut's early novels. Notable cameos include Omar Epps as the ex-con wanna-be car dealer Wayne Hoobler and Lukas Haas as Dwayne's gay lounge singer son, Bunny Hoover. Vonnegut himself has a small role in one scene, but if you blink you might miss it. This is a very funny movie, at times a very touching movie. It is also visually interesting, with some impressive special effects. Every Vonnegut fan owes it to his or herself to check this movie out. I must admit, I have no idea what a person who is not familiar with the novel upon which it is based, or Vonnegut in general, would make of the film. The plat, such as it is, might be difficult to follow. If you're in the mood for some bizarre entertainment, or just want to see some big-time Holly wood actors in some non-traditional roles, this film should fit the bill nicely. Currently playing at Eastern Hills Cinema and (possibly) the North Park Theater. This is the first new film from director Martin Scorsese since "Casino" some years back, and represents something of a departure from his work of recent years. Old Scorsese standbys such as Robert DeNiro, Joe Pesci, and Harvey Keitel are nowhere to be found. Instead, the film stars Nicholas Cage, Patricia Arquette, John Goodman, and Ving Donations Still Accepted For Fire Victims tion recently hosted an unofficial mixer to raise money to assist the victims. Donations are still teing accepted; tuntjct wither student organization or Prof. Melinda Saran, Acting Associate Dean for Student Services. This is an adaptation of thenovel of the same name by famed author Kurt Vonnegut. As a longtime fan of Vonnegut, I went into this movie not really knowing what to expect. Generally speaking, books by this author do not translate well into other media. Until now, possibly the only remotely watchable adaptation of a Vonnegut work to hit the large or small screen was the film "Slaughterhouse Five," made at least 25 years ago, and that was far from a great film. Anyone familiar with thesebooks would have to concede that, if anything, Breakfast of Champions would be harder to makeinto a movie than Slaughterhouse Five. Much of the book consists of the author's personal reflections on various and sundry topics, accompanied by his own crude stick-figure drawings. The plot, which concerns a middle-aged car dealer having a nervous breakdown, is at times ancilliary. That said, it is one of Vonnegut's finest worksand should be read by any- the Dead furer Ed Steinfeld - The documentary of Eastern State penitentiary gives a detailed history of the prison, from its initial practice ot total solitary confinement to its replacement into an overcrowded 'big Iwuse* to its replacement with a modern facility id 1970. Stemfeld, from the Department of Architecture and Planning, will lead a discussion on the influence of prison architecture in controlling privacy. Ail presentations will begin at 4 p.m. UM O" Bncn Hall.. Two UB Law students and a deulai student arc icceiving h<; Ip from the cutkge community after tlieir house burned down last month. In rnitl-NovernbeT, a hous« slurcd by tltti Jhree graduate sludtniN burned down., the students lo.st nt-aity all of Iheir pos- Breakfast of Champions Bringing Out vision series, such as COPS, America's Most Wanted and the HBO prison Series Oz. November 1,1999 Rhames. Cage portrays a paramedic working the graveyard shift in Manhattan on the verge of a mental breakdown. The source of his stress is his apparent frustration at his inability to save the life of a certain young girl, whose face he sees everywhere. The film follows Cage's character over the course of three nights on the job, riding in an ambulance around the city responding to distress calls. Each night he is paired with a different partner. Arquette portrays the daughter of a heart attack victim Cage's character takes to the hospital, with whom he forms a bond. The acting is generally good. Cage brings a real sense of anguish and frustration to his role, aided by the fact that he manages to look really haggard and worn out. Goodmanand Rhames, portraying two of the other paramedics, are excellent as well. Many of the other minor characters, mostly played by relative unknowns, are also interesting and really round out the case. Arquette, however, has a vacant quality and hercharacter comes across as somewhat lethargic. Technically, the film is near-perfect. The cinematography is excellent. Manhattan at night comes off as dark and gritty, and more than a little frightening, and the scenes at the hospital emergency room make TV's "ER" look like "General Hospital." This is just a beautiful film to look at. What I enjoyed the most, however, and this is generally the case with any Scorsese picture, was the soundtrack. Scorsese has an encyclopedic knowledge of popular music and has always had a knack for choosing precisely the right song to complement a scene. This was evident as early in his career as "Mean Streets," and this movie is no exception. Generally, I'd give this movie a reversed "thumbs up." The film has been compared to "Taxi Driver", and I feel this is somewhat of an overstatement. "Taxi Driver" is one of the true classics of modernAmerican cinema; a masterpiece. "Bringing Out the Dead" does not remotely rise to that level. While there are similarities, if you go into this picture expecting it to be as good as "Taxi Driver," you're bound to be disappointed. It is a good movie however, certainly better than 90% of what's out there playing right now, and I'd particularly recommend it if you're a fan ofScorsese's Caligula What can I say? A movie like no other. Part serious, if somewhat boring, quasi-Shakespearean historical drama, part sleazy skin flick. Undoubtably the most lavish and expensive skin flick ever made. This film was originally released 20 years ago, and caused quite a scandal at that time possibly the most memorable attempt to 'mainstream' the adult film genre. The producer, Bob Guccione of "Penthouse" publishing fame, really sunk some cash into this. This film is worth seeing, if only as a curiosity. It purports to tell the story of the mad young Roman Emperor Caligula, portrayed by Malcolm McDowell of "A Clockwork Orange" fame. Italso stars Peter O'Toole and Helen Mirren. While some attempt is made at an actual plot, the real draw here is the explicit and gratuitous sex. There are also some fairly graphic violent sequences. Despite its flaws, one gets the sense that this movie possibly portrays the decadence of ancient Rome more accurately than any other. Currently playing at the Angelika Film Center. Check it out while you have the chance. — Rochester Alumni Association renewed ■ The University at Buffalo Law School recently held a luncheon to celebrate the renewal of the Rochester Chapter of the school's Alumni Association. The school also used the event to honor Rochester-area alumni who have achieved distinction in public office. Honored during the Oct. 13 meeting was John J. Callahan '54, Appellate Division justice; M. Dolores Denmen '65, presiding justice, Appellate Division; Samuel L. Green '67, Appellate Division justice; John D. Doyle '68, Monroe County Executive; Howard R. Relin '68, Monroe County district attorney; John J. Ark '72, New York State Supreme Court justice. Also, Eugene F. Pigott, Jr. '73, Appellate Division justice; Thomas M. VanStrysonck '73, New York State Supreme Court justice; Ann Marie Taddeo '75, Monroe County Family Court judge; Dennis F. Bender '77, Seneca County Court Judge; R. Michael Tantillo '77, Ontario County district Attorney; Anne E. Pfeiffer '79, Rochester City Court judge; and Gail A. Donofrio '85, Monroe County Family Court judge. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8ff5108f4fe1c84bbe2b1375bf511663.pdf 8947be9f9ff70b8d3f5cbf2301d958e1 PDF Text Text Vol. 51, Issue #3 The Opinion STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOL OF LAW UB Women's Law Journal Office Robbed NOVEMBER 15, 1999 Intellectual Property Law Journal Started law firm specializing in IP, he felt that UB was a natural place for a intellectual prop- by DavidAllen '01 By DavidAllen '01 Thousands of dollars worth of computer equipment was stolen from the Womens' Law Journal last week. Early last week, an unknown person or persons entered the journal office, taking nearly all of the organization's computer equipment, including recently-purchased eqipment that had not yet been unpacked. "We only have hardcopy now. There was no backup," said EditorIrene Chiu, addintg that all of the digitized information was taken along with the equipment. "We're going to have to retype everything. It's going to be a real pain." Chiu said there were no signs of forceable entry, and that whoever took the equipment had apparently locked the door before leaving. The journal had been in the seventh-floor office for less than a week, having moved up from a basement office. The Student Bar Association has offered a $1,000reward for infomratoin leading to the arrest and conviction of those involved in the theft. "The SBA is working with the law school administration, university law enforcement, and the university at large in an attempt to prevent it from recurring again," said in a press release. A group of UB Law students have erty publication. "The University at Buffalo is part of laid the groundwork tor an intellectual a mega-research university. There's inherproperty law journal, with plans to publish the first edition this coming spring. ent interdiscipinary studies. It puts us in a Led by Dariush Keyhani and Paul special unique position," he said. Callahan, the effort has drawn commitThe time is also right, he added, callments fom more than 30 students to help ing IP one of the most marketable areas of produce the journal, which will include law in the country."l think the rewards are scholarly articles on copyright, trademark great, because ofmarket and opportunities. and patent issues. Keyhani also want to inThere's great incentive for people to get clude related issues, such as antitrust.. involved in this," he said. We want to pursue cutting edge leKeyhani hopes to not only include gal issues," Keyhani said.'There's so much scholarly artiucals from legal academics, but also from lawyers actively practicing law out there that's not clear." Keyhani, a.second-year student at in the field UB Law, began pursuing an IP journal He said that the organization has alshortly after the beginning of the school ready recruited Professor David Kopsell as year. With a masters in microbiology and its faculty advisor, and has the backing of work experience at a New York City-based the Student Bar Association. With a staff in place, Keyhani said there is still much work to do. In the coming months, the organization will create a journal web site, which will go hand-inhand with the printed journal.Leaders also , plan to hold a fundraising 'extravaganza within the next few weeks to raise more money to help get the journal off the ground. We figure to get corporate sponsorship," Keyhani added. The journal also is not done recruiting, with hopes of bringing more students on board to share the burden."lt's going to require a lot of work by everybody," he said. Keyhani made clear, however, that a technical background is not necessary for studies in intellectual peoperty. The group plans to hold another meeting later this week. UB Law Bar Passage Rate Attacked by David A Hen '01 University at Buffalo Law School has ranks 11th out of 15 New York State law schools in bar passage rate, according to a recent study. According to the New York Law Journal, 74.5 percent of UB Law graduates taking the bar exam for the first time in July 1998 passed the test, well below the state average of 77.9 percent. The paper last week released rankings of all 15 state schools. At the top of the list was New York University School of Law, with a 96.8 percent passage rate, Cornell University (94%), and Columbia University (92%). Rounding out the top 10 were Fordham university (88.7%), Brooklyn Law School (85%), Albany Law School (81.2%), St. John's University (80.6%), Hofstra University (79.6), and the Ben- jamin N. Cardozo School ofLaw (79.6%). Ranking below UB Law were Pace University (73%), New York Law School (73%), City University of New York (65.3%) andTouro Law School (62.7%). An unknown person copied the rankings and posted them thorughout the school the day after the NYLJ printed, accusing adminsitration and faculty of focusing "on their own interests and agenda, instead ofteaching substantive NYS Law." Microsoft antitrust ruling was a simple decision by Peter Dewind '00 On Friday, November sth, U.S. District Court Judge Thomas Jackson released his findings of fact in the Microsoft antitrust case. Despite the length of the document, the conclusion was simple and direct. Microsoft has the power of a monopoly and has detrimentally affected consumers through its business practices. This finding might seem to be of the 'who's buried in Grant's Tomb' variety. Microsoft's products are everywhere. It's flagship product, the Windows operating system, enjoys up to 90% of the market. Judge Jackson's finding, however, was more complex than the company's omnipresence might suggest it should be. Monopoly power is the ability to set prices. This power, however, does not automatically follow from having a large market share. This may particularly true in the software market which is unique in many ways. For example, once the original program is developed, each subsequent unit or copy ofthe software may be made at little or no cost. Additionally, electronic pathways such as the Internet provide for inexpensive and instant channels of distribution. Microsoft argued that the inherent of software precludes monopoly power. That is, better or cheaper products nature could move into and take over the market at any time. To support its argument, Microsoft pointed to Linux, an operating system offered to the public free of charge. It argued that if Windows were not meeting the public's demand, people could immediately switch to another operating system. Thus, it claimed to lack monopoly power over the market and thus may not be found to have illegally exercised such power. In a detailed and technical opinion, Judge Jackson disagreed with this line of reasoning. He found that Microsoft does have monopoly power for three reasons "[f]irst, Microsoft's share of the market for Intel-compatible PC operating systems is extremely large and stable. Second, Microsoft's dominant market share is protected by a high barrier to entry. Third, and largely as a result of that barrier, Microsoft's customers lack a commercially viable alternative to Windows." This barrier to competitor entry came the same source as Microsoft's argufrom ment, the unique nature of their product. The purpose of a computer is to run programs such as word processing and database applications. These programs use a computer's operating system to manage many of the tasks involved in their operation. This occurs through the operating system's 'Application Programming Inter- face' (API) which gives the applications access to the operating system code. This API is different on different operating systems. Application's must, therefore, be designed to work with the particular operating system which is controlling the machine. Since Windows is the most popular, most programs end up being designed to run on Windows. It is true that many application programs are released in versions designed to run on less popular operating systems such as Apple computer's 'OS. The nature of the software market, however, tends to produce one single standard which all programs can operate on. This natural tendency toward standardization is similar to the eventual dominance of the VHS videotape standard over the then competing Betamax standard. If a competing operating system were to suddenly appear, it would be difficult to competitively enter into the market where consumers already have a wealth of applications designed to operate on the dominant system and few, if any, designed to operate on the new competitor. Judge Jackson went on to find that Microsoft benefitted it's monopoly power. In particular Microsoft used it's position to inhibit competitors such as Netscape and Sun Microsystems. The Department of Justice had joined several states to accuse Microsoft ofusing it's power to force vendors and consumers to purchase unwanted products along with the operating system. Microsoft was accused of using this practice of 'bundling' products to squash competition in the Internet 'browser' market. Microsoft, for it's part, claimed that an Internet browser was not a separate product to be bundled with Windows. They claimed that it's Internet Explorer could not be separated from the Windows product. Opponents argued that this was only true because Microsoft had specifically engineered later versions of Windows to make the Explorer unremovable. Microsoft's claim was further weakened when it released Internet Explorer 5 as a separately packaged and marketed Internet browser only weeks after making its claims at trial that it was not a separate product.. Judge Jackson found that Internet browsers are indeed a separate product from the operating system and that Microsoft had used its power when forcing customers to purchase Internet Explorer when also purchasing Windows. This served to stifle competition in what he termed the 'middleware. These are programs, such as the Netscape Navigator browser, which contain their own APIs which future applications run on instead of the operating system. This would re(continued on page 3) �November 15,1999 THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen Managing Editor: Jared Garlipp News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUN V at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is Ihe student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in theSBA officevestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shallbe printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. EDITORIAL The Bar Brouhaha This past week, someone look the time to copy and distribute a chart which detailed the New York State Bar passage rate. The breakdown offirst time test taker scores showed how the students of each law school in NY fared. Students trained at SUNY Buffalo did poorly. What is the cause of this phenomena? The person who created this flyer clearly places the blame upon the faculty and administration. The flyer noted that in spile of the low passing percentages, thefaculty continues to pursue some sort of unspecified though decidedly self-serving agenda. Is that really the decisive factor? It is true that the administration continues to tout its new and improved curriculum which features our groundbreaking clinical con cenlrations. Obviously, ifone is taking more classes in a small, focused area of the law, less time is available to take general law classes. The conclusion that this focus leads to less general knowledge of the law, or at least less reinforcement of basic concepts, is not a reach. Though schools with 'higher quality' students did have a higher passage rate, several schools with 'lower' admission criteria than UB also had a higher passage rale. This would seem to exonerate the student body as the decisive factor. However, such a conclusion only looks to general admission criteria. What other factors could there he ? Perhaps the grading system has something to do with it. It is very easy to get on that Q-Train. One canpass many of this schools basic courses armed only with a pre-prepared outline and a few general concepts. Yet, one will not be wellserved by such general knowledge when it comes time for the Bar exam. Though a generalknowledge might serve to eliminate some options on a multiple choices question, the final answer invariably comes down to choosing between options which test ones knowledge of nuances and distinctions. This is to say nothing about the essay part of the exam. Thisraises an interesting pointabout 'the'bar review course. Most students statewidereview for the exam with by taking Barlßri. Yet, despite the fact that everyone is taking the same basic course, there remains a differential passage rate. I was once told that Bar exam courses don'treally teach you the law. Rather, they only serve to fill one with the horror andpanic which inspires vigilant study andreview. If the knowledge isn't there in the first, perhaps there is nothing the course can do for you. Perhaps there are other factors which account for the problem. Maybe it's the lack of student discourse. This is, after all, the same environment in which students have been rewarded for expressing their points of view by receiving racist e-mail (a reward from the right) and having one's car 'keyed' (a present from the left). One has only to sit in a lecture hall watching the Prof go through a rendition ofBen Stein's Fast Times shtick (anyone, anyone, anyone) to get someone to speak out loud. Regardless, the fact that 1 out of4 UB students do not have the requisite knowledge to practice law should be a serious concern to students, administration and faculty alike. It is imperative that the cause be found as the solution will clearly follow. Until that happens, this law school will continue to fail in its goal "to prepare students for a career in law". COMMENTARY Encouraging All Students To Take Part In University Vote 1999 by Kevin Hsi '00 , On November 16" and 17'\ an unprecedented campus-wide referendum on a variety of campus issues will be held on the U.B. campus. This event, which has been called University Vote '99, is being sponsored by the undergraduate Student Association (S.A.) at U.B. According to S.A. President Nicole Piotrowski, all students (including law students and other graduate students), faculty and staffcan vote on this referendum. The voting shall take place in the main lobby of the North Campus Student Union on November 16th and November 17lh between 9AM and 5 PM. In order to vote, all you have to do is to bring your student ID to the voting place. Regardless of how each individual feels on each issue, all members of the campus community are strongly encouraged to take part in this movement towards greater campus democracy. The questions on the ballot will probably be as follows: 1) Do you think U.B. needs a Socially Responsible Investment Advisory Board? Issue: U.B. currently invests in a huge variety of companies - several of whom have had controversial human rights, environmental or labor practices at home and abroad (e.g., Shell Oil, Monsanto, and General Electric). Not surprisingly, these morally questionable investment decisions have been made without any real consultation from the U.B. community. The creation of an S.R.I. Advisory Board would give students, faculty and staff a greater say over whether or not U.B. should continue to invest in such companies. 2) Do you support the University Community Initiative? Issue: In recent years, U.B. has been working with the surrounding local governments (including the City of Buffalo and the Town of Amherst) on plans to "revitalize" the popular University Heights neighborhood around the South Campus. For its part, U.B. has been purchasing several homes in the area in order to sell them to homeowners, most of whom are unlikely to be students. Critics have viewed this plan as a form of gentrification and a means of moving more students onto the more expensive on-campus housing, particularly around the North Campus. 3) Do you think there should be a cap on Student Fees? Issue: Currently, there is no set limit on how much students may be charged each year on their student activity fees in order to cover certain extracurricular activities such as intercollegiate athletics. Given U.B.s recent and very expensive move into Division 1-A athletics, many students are worried that their mandatory student fees would be raised (as they were this summer) continuously to make up for any budgetary shortcomings in this and other programs. 4) Do you think UB should return to itemized bills? Issue: This question is related to Question 3 but deals specifically with the fees that are billed separately from the student activity fee. This year, the U.B. administration wants to make students pay a variety of fees (e.g., transportation, health, technology, etc.) under a single "Comprehensive Fee" which bundles all of these fees together into a single amount under a single heading. The administration argues that this "Comprehensive Fee" will "simplify" the billing process for students. Opponents of the "Comprehensive Fee" disagree and argue that itemized billing is the only way to "clarify" how students fee are actually being spent. Furthermore, itemized billing will make it easier for students to argue for individual fee waivers. 5) Do you think the UB Budget Committee needs representation from faculty and students? Issue: Currently, the UB Budget Committee consists of only three men U.B. President William Greiner, Senior Vice President Robert Wagner, and Provost David Triggle. As of yet, there is no faculty or student representation on the Budget Committee. Given that the Budget Committee determines where and how money is spent on the U.B. campus, many people feel that additional representation on the committee is long overdue particularly in light of the recent spending cuts and hiring freezes at U.B. 6) Do you think there needs to be input from the UB community on additional buildings of North Campus? Issue: The construction of new student housing by Lake LaSalle on the U.B. campus have worried many environmentalists both inside and outside of U.B. who fear that the campus' ecology and natural beauty is being destroyed for the sake of building new (and overpriced) housing and other facilities. Because the administration is planning to build more on-campus housing in the future, there have been calls for greater community input into such administrative decisions. 7) Do you think the alleviation of the library budget deficit should be a priority ofthe University? Issue: Due to Governor George Pataki's refusal to allow for inflationary increases in the SUNY Budget, U.B. made a controversial decision to temporarily hold off all new library purchases in order to reduce operating costs. This "hold" on library purchases has since been lifted by President Greiner but it remains unclear as to how the University's libraries shall deal with their budgetary shortfalls. The University Vote is an entirely student-initiated referendum on several (but not all) of the most pressing issues affecting everyone in the U.B. community. Its dual goals are to foster campus democracy and encourage greater administrative account,X ability. So remember to vote this Tuesday and Wednesday (November 16 and 17,h ) because every vote does matter. - �November 15,1999 THE OPINION Microsoft ruling may lead to settlement (continued from page 1) move the requirement that programs to be compatible with the computer's operating system and allow a pro- gram designed to run on Navigator, for example, to run on any machine whichhas Navigator. Conceivably, this could have made it easier to compete with Microsoft. Judge Jackson's factual determination does not end the case of U.S. v. Microsoft. Microsoft could still win the case when the conclusions of law are issued early next year. The cast of these facts makes that eventuality much less likely. Bill Gates has continued to insist that his company has done nothing out of the ordinary. In the past week, however, he has been making statements which indicate he understands the value that settling might have for his company. Failure to settle could lead to massive sanctions if the Judge determines Microsoft is a monopoly. In the past week the Department of Justice and the Attorney Generals from participating states have begun to talk about the remedies they could request. These generally fall into either making the Windows source code available to competitors or breaking up the Microsoft corporation. The breakup option could involve creating several smaller Microsofts, termed 'Baby Bills', which would compete against each other much as the Baby Bells have. Alternatively, each of the three main Microsoft products could be broken into separate companies such as the operating system (Windows), the applications programs (Word, Excell) and Internet (Explorer). Regardless of the remedy, Microsoft is expected to appeal to the more laize-faire friendly Court ofAppeals. However, the detailed findings of fact which Judge Jackson has issued goes far toward hampering the Appellate court's ability to reach alternate findings. Judge Jackson's facts, if accepted by the Appellate court, lead almost invariably to one conclusion - monopoly. 3 Supreme Court to Decide Legality of Student Activity Fees By Peter Dewind '01 The U.S. Supreme Court heard arguments this past week in a controversy which calls into question the payment of student activity fees. The case, Board of Regents of the University of Wisconsin v. Southworth stems from the complaints of conservative Christian students at the University of Wisconsin. Southworth refused to pay the University's several hundred dollar activity fee complaining that the money was being used to support groups which promoted views he did not personally support. He joined other students arguing that requiring payment of activity fees used to support various groups is, in effect, forcing them to support issues which they oppose. This, they argued, violates their right not to associate with a particular ideal. The 7lh Circuit U.S. Court of Appeals agreed with the students. In support ofthis decision, the Court looked at a line ofcases holding that such expressive activity may not be compelled. For example, the 1977 Supreme Court case of Abood v. Detroit Board of Ed. prevented the use of school board service fees to support political points of view. Similarly, the Court's 1990 case, Keller v. State Bar of California, prevented to use of Bar dues to support political or ideological viewpoints. The Wisconsin Attorney General, Susan Ullman, urged the Supreme Court to look to a different line of reasoning in which universities have been required to provide the same level of support to both religious and nonreligious student groups. This holding, from the Court's 1995 case, Rosenberger v. University of Virginia, required that publically funded universities which support third party viewpoints must be viewpoint neutral when distributing the supporting funds. The state argued that activity fees are viewpoint neutral and foster a wide range of expression. The Justices, for their part, were concerned that the allocation of funds was not really neutral. As an example, the court pointed to certain popular political groups which received greater funding than other, less popular ones. A decision against the state could force publically funded universities to change the way in which money is collected and spent. A decision in the case is expected in the spring of 2000. GLS offers free legal advice to students Did you know that right in our own student union every U.B. student has daily access to free legal advice? How many of us have wondered if thatlease we are thinking about signing is fair, or if there was any way to protest that last traffic ticket? Group legal services, a division of SBI, offers consultation with competent, practicing local attorneys every weekday in room 377 of the Student Union. In addition to this vital practice, GLS has had law students who work as student defenders to represent students who must appear before the StudentWide Judiciary. Any student who gets a notice to appear before SWJ should call or come by the office. The organization is funded by mandatory student activity fees, and are here solely to help, inform and educate the student body. GLS also has student researchers who are trained on the basic techniques of legal research and in turn research, write and publish pamphlets on legally relevant issues of concern to the U.B. community. Any UB student can volunteer to become a student researcher an gain extensive knowledge of the legal process. In addition, GLS will provide a workshop on studentrights, on November 15. The workshop will begin at 6 p.m. and be held in room 330 in the Student Union. Those who are concerned about their rights on campus should attend. GLS is a valuable resource; start taking advantage of it today. For more information call 645-3056 or stop by 377 Student Union. UB Group Proposes Brownfield Development Organization The complicated process ofrevitalizing Western New York's many brownfields could be enhanced and accelerated significantly through the formation of a new, nonprofit organization designed to facilitate such projects, according to a report by a new University at Buffalo group, the Brownfield Action Project. Authors of the BAP report say the nonprofit organization would be the first brownfield7redevelopment in the United States to be initiated by a university, a fact that will allow for the latest research findings and innovations in the field to be adapted quickly for practical application. An interdisciplinary group formed by .B. professorss of law, planning and engineering each with expertise in brownfierld development BAP is affiliated with ÜB's Environment and Society institute (ESI). Funded by the ESI and the university's Center for Integrated Waste management, the report was designed form the outset to determine how such organizatoins had assisted development in other regions through the United States and how they might work in Western New York and in other upstate regions. "Brownfield redevelopment is a growth industry," explained Thomas F. Disare, clinical professor of the UB School of Law and a BAP report author, pointing to the fact that the federal government and other sources are making dedicated funds available to communities for development projects. - - "The communities that are the first ones that learn how to put deals together for redeveloping brownfields will get a disproportionately high share of the resources that are available," said Disare. The report looks at 11 nonprofit organizations in seven states thateither have added to their services programs to develop brownfields, or were created specifically to do brownfield redevelopment. "Our interest was in promoting brownfield redevelopment in some way and we wanted to see if this was the way to go," said A. Scott Weber, Ph.D., director of the Center for Integrated Waste Management, professor of civil, structural and environmental engineering, and an author of the report. "Our conclusion was that a nonprofit organization could play a critical role, particularly in developing small and/or complicated sites, such as those with a significant amount of contamination, that simply would not be tackled by existing public or private entities. Through this process of trying to see what others have done and the roles that they play, we have seen wheto put deals together for redeveloping brownfields will get a disproportionately high share of the resources that are available," said Disare. The report looks at 11 nonprofit organizations in seven states that either have added to their services programs to develop brownfields, or were created specifically to do brownfield redevelopment. "Our interest was in promoting brownfield redevelopment in some way and we wanted to see if this was the way to go," said A. Scott Weber, Ph.D., direc- tor of the Center forhor of the report. The group noted that a regional brownfield organization would fill the gap that exists in brownfield redevelopment by recycling sites not normally considered by the private sector. "Real-estate developers purchase sites and develop them if the market value of the developed property justifies their costs," explained G. William Page, professor and chair of the Department of Planning in the UB School ofArchitecture and Planning and an author of the report. "What we're looking for are projects where the market return may not be sufficient for a private developer, and where we think our intervention could help remediate and develop a site that wouldn't be developed if it were left to market forces alone. We want to find places where the social value of development is greater than the economic value." He added that such sites include those that, as brownfields, have become magnets for unwanted social activities and contributors to urban blight. While noting that such organizations are new, the report points out that they bring a welcome player to the table, particularly for difficult or complex sites, which, according to Weber, describes many of the sites in Western New York. "There have been a few, very-wellpublicized success stories," Weber said, noting, for example, the tomato greenhouse that was built on an old Republic Steel site and the Wegmans supermarket built in Buffalo. "But many other sites in our communities have development potential but lack sufficient expertise and the capital necessary to allow them to pro- ceed." According to the report, putting together a successful brownfield-redevelopment plan is an extremely complicated process, requiring the coordination of many different players, including banks; federal, state and local government agencies; private corporations, and developers. That level of complexity is what often prevents brownfields from ever getting redeveloped. "Contrary to popular belief, brownfields come in all sizes, shapes and degrees of complexity," said Keith Welks, president of the Phoenix Land Recycling Co., a nonprofit in Harrisburg that redevelops sites throughout Pennsylvania and one of the organizations studied by the BAP. "Nonprofit organizations can be extremely valuable in resolving problems at difficult brownfieldsites that the private sector continues to ignore. I welcome the creation of a new brownfield nonprofit." According to the report, such an organization could remove some of the obstacles to brownfield redevelopment that exist in Western New York, where only a small fraction of the total number of sites are even being considered for redevelopment. The BAP is working toward creating a regional nonprofit organization, identifying an appropriate funding source for staff and embarking on an outreach effort in the community. �November 15, 1999 THE OPINION 4 COMINGUP Court At Alumni Luncheon The Hod. Mark FarreJl, Amhctst town justice and past ptesjdent of the University at Buffalo /Jurao» Asoscjation, wjH , disciss his awanJ-wnimug 'drug court, believed to be the Of si of its kind in a suburban setting, during the UB Senior Alumni Jancbeon, to be heid Nov.. 18 io the Center forTomoitow «n the UB North Campos, During his preseniaiom, Fartell will also discuss bow }ocai government wtwks, whh an emphasis on town courts. DesJgnertl for UB Senior alumni, their guests and spouses, the cost of th<? luncheon is $ 12 pet person. For more jutormatoin or to make r<>servaro»n», call the ÜBOttia* ot Alumni Relatoiius 3t829-260e> Sponsors of the Senior Alumai Luncheon Series are independent Health and Financial Educational Resources. Prison Issues Film Forum Continues There arc two films left in the Prison Issues FaJl Forum following films series, which runs through early December. The - November IS, Elayne Rapping onTabloid Crime Shows Professor Rapping, a media expert in the Department of Women's Studies, will discuss the shift in media representations ot crime and punishnicni in Jbe last decade., using clips from tabloid tele, vision series, such a>; COPS, America's Most Wanted and itie HBO prison series Oz.. December 2, Eastern State Penitentiary, with guest teclater Ed SteMeid � The documentary of Eastern Siat« peojten* nary gives a trailed history of the pnsoth t'rom its inttlat prac«ce oftotal soUlar>' confineruent to us repbeement into an over, crowded big house to its tepbeeruent witha modern facility in ]<J7O. Stelnidd. from the Department of Architecture and Ph«onirtg. will kad a dJNCussion on tile influence of ptisoa architec- ' ime in controlling ptivaey. Sheffer Leads SUNY Team on Zambia project John B. Sheffer, 11, director of the Institute for Local Governance and Regional Growth at ÜB, is leading a State University of New York team that is conducting a needs assessment for the National Assembly of the Republic of Zambia. The SUNY delegation, sponsored by the United States Agency for International Development (USAID), is assisting the Zambian Parliament in a comprehensive reform effort. In addition to Sheffer, the team includes James P. Ketterer of the University at Albany, Sister Auxilia Ponga of the government of Zambia and Henry C. Ngaba of Grant Thornton Consultants of Lusaka, Zambia. Sheffer, director of the Institute for Local Governance and Regional Growth since 1997, is also a professor of law and planning at ÜB. A former village mayor, he served 10 years in the New York State Assembly and five in the State Senate before joining the UB faculty. While in the Assembly in the mid-19905, he spearheaded a reform effort with the publication of "Project 1990: The Challenge of Effective Legislative Management in the State of New York." "Zambia is a relatively new multiparty democracy — until the beginning of the 19905, it was a one-party state," said Sheffer. "Its elected national legislature has only existed in its current form for eight years. The Zambian National Assembly is working with USAID to become a more effective The Student B«ir Associatuvn and the Dental Bar Associahusted <in unofllciul mixer to raise, money to assist the victims. Donations are still being accepted. You can pay either cash or by check Make checks payable to UB Law School, and drop them off at either the SBA office (101 O'Brian) orf Dtjn Saran's Office (314 O'Bnan). tion recently Baldy Center Plans Regulation, Public Policy Study Groups The Regulation and Public Policy Program has r v nnvene<3 its informal reeading and discussions, which are open to all.The tjorst two sesioins ate part of tb<? series focusing on recent development* in teb regulation offinancial servtces industries On Thursday, Nov. I#, i-2;30p.m.. Eric !.. Foster h;iok the FtderaJ of New \\»rk will 4isct>ss pending that would tepe.ilibf Glass-SteaiialiAct.ibt- Depression-era banking law that requited separution ol tbc banking insmafice, ami &« univ industries. The <h'scwsid.«ia wJi be held in the Law Fjculty Loouge. 545 O'Brien HaU. Bjckgrouud i<.-;t<i»ng* are available tbwogh the Baldy Center.. Tb(*e wbo pJiui u> attcud should RSVP to the BalUy Cenkr by Nov. 17. as lynch « LALSA Bar Night/ Dance A Success The Latin American Law Student Association held its dance/bar night at La Luna dance club in downtown Buffalo Nov. 11. The organization ws successful in raising much-needed funds for its sponsored funds for a summer fellowship with BPILP. ter its return to the United States. William M. Kunstler: The Most Hated Lawyer in America by David Langum New York University Press , Two UB Law and a dental student are receiving belp from the college communuy after their house buiued <k»wtt last month. Iα mid-November, a ht)«se shared by tht; three graduate burned down.; the students lost nearly all ot their po.s- democracy work." The mission is Sheffer's second with USAID as a specialist in governance issues. He also served as a member of a group, along with Ketterer, that assessed the structure and needs of local governments in Lebanon in November 1998. A nation of 9.7 million in south-central Africa, Zambia adopted its current constitution in 1991 and first elected its president and 150-member National Assembly that same year. Currently, the Assembly is pursuing a reform agenda on such issues as committee systems, constituent services and the legislative process. The State University of New York Office of International Programs developed the Zambia initiative in conjunction with USAID. In addition to assistance with democratic governance, USAID supports programs in Zambian private-enterprise development, agriculture and health care. The delegation will meet with the National Assembly and other stakeholders during a twoweek stay in Zambia's capital, Lusaka, and will draft its findings and recommendations shortly af- BoR k eview All prtsentatjons will begin at 4 p m. 104 O Brien Hall.. Donations Still Accepted For Fire Victims and representative partner in Zambia's continued economic and political development. "Our team is privileged to be a part of this initiative. We are here in a supporting role to assist the Zambian Parliament in the hard task of making by Joshua S. Roberts Even after his death in 1994, William Kunstler is perhaps Most Hated Lawyer in America. At least that is the title of David J. Langum's new biography of the celebrity-lawyer who was involved in defending untouchables from 60's activist Abbie Hoffman, to the infamous Long Island railroad shooter, Colin Ferguson. But as is true with celebrity, legal or otherwise, the man behind the fame is easily lost. Langum does a fine job of injecting Kunstler's reputation with a hu- that is particularly identifiable by fellow barristers, and in so doing, develops a roadmap to the civil rights movement ofthe 196()'s through to the radical elements present in the more conservative 19905. Langum's assessments of Kunstler's personality are insightful, though often repetitive. Readers are too frequently told of Kunstler's desire for acceptance, a quirk that is illustrated by Langum with stories of a middle aged Kunstler experimenting with the political radicalism and marijuana of his younger clients as a means for aining their approval. These peculiar stories are t lemselves interesting, especially in ontrast to Langum's portrait of Cunstler's almost normal family life. however, It is Cunstler's presence in so many famous political cases, and Langum's discussion of those cases that make this biography worth reading. The extent of Kunstler's legal legacy is astounding providing readers with a look at a litany of notable cases including the trial of the Chicago Seven, Jack Ruby, El Sayyid Nosair, and H. Rap Brown. The book is one of law, politics, and history with Kunstler as the common thread. However distasteful Kunstler's personality was, and however radical he was professionally, he is redeemed by Langum's portrayal of an often philosophical and always thoughtful man. Langum, himself a lawyer and law professor, uses Kunstler's story to ask the question, why practice the law unless you intend to change it? Kunstler practiced law because he wanted to change it, and this biography of his life and legal career capmanism tures that attitude. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1999-11-15 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4cc9e82651bf9ecf3853a7b8e6ee185f.pdf 5cc622030d7ef45dce50726738e2e80d PDF Text Text PINION Vol. 51, Issue #4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW DECEMBER 6, 1999 Barrister Ball Plans Develop By David Allen '01 The annual Barrister Ball will be held next spring at ihe downtown Buffalo Hyatt Hotel, members of the UB Law Stu­ dent Bar A,;sociation confirmed earlier this week. The SBA announced the ball's loca­ tion during its Dec. 2 meeting, during which it also voted to donate $1,000 in an effort to keep ticket prices down. Currently, board members project ticket prices for the March 31 event to cost about $35. "But we're hoping for a dona­ tion ffrom the administration" that would lower the price, said Parlimentarian Mary Snyder. The SBA had earlier voted to hold the ball at the hyatt, saying the location would be convenient for the attendees. in addition, the hotel will have discounted rooms available for students, to discour­ ages drinking and driving. Currently, the SBA is still in the he­ ginning stages of planning for the event. "We're still trying to find an affordable DJ," Snyder said. In other business: *The SBA announcedihat the year­ book staff, headed by SBA Vice President Tanya McDuffie, will meet wMonday, De­ cember 13 to begin planning. McDuffie also announced she is still seeking photo­ graphs from UB Law groups and clubs for use in the yearbook. *Treasurer John Llera announced that the SBA had received a $600 dona­ tion from Bar Brito assist with the student body's annual 'decompression party," held at the end of ea~h school year. *President Vincent Gregory annoucned plans for a 5-kilometer race/ walk fundraiser, to be held in February. More details will be announced later. *The SBA voted to donate $750 to the UB Law branch of the American Trial Lawyers' A,;sociation (ATLA). *The board took no actoin on a re­ quest from the Career Servfoes Office to donate $300 toward,; a planned presentaion on job hunting. *Snyder announced that no students had shown interest in filling the board va­ cancy left by former SBA memebr David Hawkings, who was stripped of his SBA membership after failing to attend a mini­ mum number of meetings. Snyder had rec­ ommended discussing eliminating the po­ sition if noone came forward in teh near future. World Trade Organization Riots: A Look Behind The Sc_enes by Professor Martha McCluskey · How on earth did the WTO (an international or­ ganization charged with enforcing a set of trade agree­ ments), and accompanying legal obscurities like GATS, TRIPS, and TRIMS, become the focus of massive riots and protests -- when only a few months ago hardly any Americans outside of policy wonks and international law classrooms had even heard of them? I was in Seattle for some of the "festival of resis­ tance," as it was billed, and (apart from the shameful violence and vandalism) three themes stood out. What­ ever your particular views on global economic policy -­ which I will not attempt to debate here --.we may all benefit from taking a closer look at what others are say. mg. First, protesters overwhelmingly agreed that the issue is not simply global trade, but global political power. Critics cited the WTO as an extreme example of how the interests of the largest transnational corpora­ tions and the very rich seem to count more than the well­ being of the majority of the world's people and the en­ vironment. The fact that the WTO makes global trade policy through secret negotiations and enforces those · policies through judicial proceedings closed to the pub­ lic reinforces fears that most people no longer have enough voice in public policy. As many homemade posters put it, the question is "who's in charge," or "whose trade organization?" The local coordinator of the union protests repeatedly insisted that lahor groups were there not to reject global eco­ nomic integration, but to change the rules of the game in the global economy. The Alliance for Democracy (a group attracting many suburban middle-class retirees) organized numerous standing-room-only educational panels under the banner, "End Corporate Rule; Build Economic Democracy." Hundred<; of people carried Sierra Club posters declaring "No Globalization with­ out Representation." The coordinators of the nonvio­ lent civil disobedience action that shut down the WTO's opening ceremony declared that their purpose was to "globalize liberation, not corporate power." Flyer after tlyer detailed various groups' complaints ahout what they specified as "corporate globalization." Speaker after speaker attested that the goal of the protests was to put "people and the planet before profits." When curious delegates wandered the streets af­ ter being blocked from official WTO meetings, I heard students with purple-hair and pierced-nostrils engaging pinstriped men in earnest discussions about the mean­ ing of representative democracy (is appointment of WTO delegates by national trade ministers a sufficient means to insure public accountability'!). The focus was not just on trade agreements hut on explaining and challenging the general philosophy of . "economic liberalization" or free-market extremism, blamed for increasing disparities of wealth both nation­ ally and internationally. A rich array of forums and pam­ phlets proposed detailed alternatives to the current poli­ cies governing campaign finance, corporate charters, intellectual property rights, access to capital, small busi­ ness development, agriculture, and government procure­ ment. The evening before the WTO meetings opened, thousands joined church groups to form a human chain demanding cancellation of the chains of debt owed by poor nations to the International Monetary Fund and World Bank -- debt that makes any benefits of increased trade go to foreign creditors rather than to domestic in­ vestment or human needs, according to one prominent anti-debt coalition. Second, the WTO, and the economic policy it rep­ resents, has inspired extraordinary coalition-building. Rows of steelworkers from Missouri, Indiana, and Utah packed a church to listen to a leader of a Caribbean femi­ nist group talk ahout the effects of inequality between North and South nations on peasant women. A Cana­ dian endangered species activist debated sea turtle pro­ tection laws with a representative of a Malaysian shrimp fishing community, agreeing that the WTO excluded both their interests. Topless Lesbian Avengers (handing out carefully-footnoted literature discussing hormone-treated heet) marched with Mennonites for Fair Trade. Middle­ aged union men greeted costumed environmentalists with .chants of "teamsters love turtles" -- and received "turtles love teamsters" chants in return. Busloads of hlue-collar workers joined thousands of young students and aging anti-war activists in shouts of "Hell No, WTO!" -- putting a decidedly different spin on 1960s nostalgia. Environmental leaders roused their white upper-middle class followers with speeches demanding commitment to fighting global economic inequality. The ranks of the AFL-CIO-Ied labor march were flooded with Humane Society leaders, consumer groups, AIDS ac­ tivists, Veterans for Peace, family farmers, Free Tibet activists, and Raging Grannies (to name just a few). The strength of these coalitions remains to be seen, and they certainly have many steep contradictions to overcome. Nonetheless, recent WTO rulin_gsand pro­ posals for expanding WTO power over services and in­ vestment have raised fears that just about everything anyone holds dear could become an illegal trade barrier. Under the WTO, "free trade" has come to mean elimi. nating not just tariffs and quotas on goods like textiles, but also lifting certain environmental and health protec­ tions, reducing public investment, and increasing pro­ tections of property rights for international business and investors. WTO proceedings and new proposals have raised questions not only about governments' ability to subsidize farmers, ban a-;bestos, or to label hormone­ treated beef, but also about the future of things such a-. public fundjng for health care and education, govern- ment licensing of nurses and lawyers, and privacy laws governing personal health data. Such questions have led many to believe that the new economic order envi­ sioned by "free trade" proponents could leave behind far more than sea turtles, U.S. steelworkers, small ba­ nana farmers and indigenous cultures. When WTO conference materials advertise spon­ sorship by Microsoft and Boeing, and gatherings with international lawmakers are limited mostly to those with $250,000 to spare, a surprising array of people suddenly find they have something in common. The third theme of the Seattle protests was the internationalization of the labor movement (and other activist movements). American union leaders held work­ shops not on immigration controls or tariffs but on in­ ternational labor organizing. Union members were far more likely to hear speakers from Chile or Ghana than Washington or Illinois. When AFL leaders recognized "our world leaders" at their giant rally they meant not President Clinton but a line-up that included union lead­ ers from South Africa, Italy and Mexico, as well as a Chinese human rights activist and an Indian environ­ mentalist. A dark-skinned worker from Barbados got deafening cheers from rows of white American union members whe~ he yelled, "this is not about America, this is about the working class" and insisted that work­ ers all over the world "refuse to choose between jobs and living wages." Though hundreds of groups distrib­ uted leaflets urging a myriad of reforms, I couldn't find any remotely suggesting an "America First" approach. While Pat Buchanan weighed in via the mainstream media, his followers had no presence in the streets. Out of thousands of protest signs, I saw only one with a "Buy American" theme -- and, incongruously, the ironwork­ ers holding that banner raised it most vigorously when speakers at the AFL rally led the stadium in cries of "workers of the world unite" or "we are global citizens." In the big labor march, the crowd-. joined chants in Span­ ish from Mexican campesinos and California farm work­ ers, and cheered a contingent of workers from France and Quebec yelling "all together" in French. If, as some "free trade" advocates argue, labor is stuck in the past, we're talking way past - like 1919, invoked by protest organizers a-. the year of the last Se­ attle general strike . For those who want to take a closer look from other vantage points - or who don't want to wait for spring semester courses to learn more about the acronyms I listed at the beginning- here are some web sites to check out: www.wto.ora (the official site); www.aatt.ora (spoof of official site); www.wtoseattle.com (web site of Se­ attle Host Committee); www.corporations.ora/democ­ racy/home.html (home page of a student group called "180: Movement for Democracy and Education"); www.alobalizethis.ora/educate.html (Ruckus Society educational materials) ..... . �"'I 2 December 6, 1999 THE OPINION THE OPINION Co-Editors in Chief Managing Editor: News Editor: Staff Reporter: Open Positions: Peter De Wind & Dave Allen Jared Garlipp Kevin Hsi Peter Nicely Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opi.ni.011, SUNYat Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York SBA. Any reproduction of materials School of Law. Copyright 1999 by the Opi.11io11, herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Deadline for all submissions is 5PM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in the Opu1i.o11 mailbox located in the SBA office vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a Core!Wordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opu,i.onwill not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (student,;, faculty, staff, alumni). Submissions will not be edited without the author's consent. Help Still Wanted The Opinion is looking to fill the fol lo.wing positions: reporters photographers columnists· graphics business/ advertising manager in no way endorses the viewpoinLc;of its various columnisLc;and contributors. The Oputi.011 EDITORIAL Campus Activism Is Bypassing UB Law The University at Buffalo is getting a reputation, at least among its own students a\· an activist campus. Since the beginning of the school year, the campus has been the site ofseveal demonstrations - against new housing, against Governor Pataki's educa­ tion cuts and against the upcoming execution of black activist Mumia Abu-] amal. The UB branch of NMASS (National Mobilization Against Sweat Shops) lza5sent students from one side of the country to another to take part in national protests. UB President Grinier has become a target for students increa5ingly hostile to his policies. The UB Vote last month was another example of activism in aciton. Interestingly enough, the UB Law School, with the exeption of a handful of satudents, has remained comfortable insulated from this growing movement. Much of that can be written off to the fact that the law student body is older, and in some respects physically separated from the undergraduate body. Another reason is that law school is pretty exhausting, and most of us are just too damn tired to carry a picket after a day of classes. However, it is odd that with the dozens of organizations and groups in place at UB Law, there are no activist organizations. Other than a pro-choice group, there.are no groups which can claim any political or social leaning. Not only are there no orga­ nized fringe groups, there aren't even any political affiliations ... no UB Law Republi­ cans, Democrats, or even Reform Party or Federalist groups. It'.s well known that some of the bigger firms that we all hope to work for someday espouse strong political and social belief5, and there may be some fear that we can campaig11our way out of a job. It '.seven been said that at some upper crust, ivy-League Law-schools, students won't go 011 record with any perso11al opinion, no matter how moderate or generic, because they are scared of sayi11gsomething that will come back to haunt them if they are ever up for a judgeship. That may or may 11othe true, but it is sad if it is. It'.s alwayS'a risk to Jta11dup for a belief. especially if it\ a11unpopular one. But there is a respo11sihilityto speak out for what we believe in, whether it \Abu Jamal:~ freedom or the World Trade Organization. The rc.\ponsibility does11't stem from our position as future lawyers, hut from our status as American ci tizcns, and wc can't trade that inf or a cleaner resume. As law students, /10wcvc1;we've had access lo a hrillie11tview of society. We arc 1101011/ybecoming fluent in our 11atio11 '.\'law, we also study the policies behind them, as well as their social impact. Thal\ a view few people get, and it would he a shame not lo put it to use. With a presidential election coming up next year, not to mention that New York will Likely lwst the most combu. table Senate race in the nation, it's a perfect time to limber up and put our vocal cords to good use. For those who are not politically in­ clined, UB mu.st be thinking about a housing project somewhere that's just dying to be picketed. But dammit, protest something. it '.sgetting too quiet around here. Those i nte rsted should call the Opinion at 6452147 or stop by O'Brien Hall, Room 7. Yes, we know it's nearing final exam-time, and we're all stressing out over our tort/evidence/criminal procedure/bankruptcy textbook, but after Christmas, give it a thought. The Opinion has a strong tradition here, and we need help to keep {t continuing. If you can't commit to full-time staff stat.us, we welcome occasional or even one­ ti me· sub mis s i o n'S. We'd kill for a letter to the editor. Think about it~ and have a merry Christmas. �December 6, 1999 3 THE OPINION Analysis Dancing Naked Before the U.S. Supreme Court: Justices To Ponder Anti-Strip Club Laws By Peter DeWind '00 expressive qualities which bring it under the umbrella of First Amendment protec­ The Justices at the U.S. Supreme tion. Kandyland claimed the Erie law vio­ Court are again reviewing strip club per­ lated its First Amendment right to free formances. The issue which seems never speech because the dancers could not to go away reappeared in relation to an freely express the erotic messages they Erie, Pennsylvania regulation which for­ tried to express. To the municipality's cha­ bade nudity in public places. grin, the Pennsylvania courts agreed and The City of Erie created the law as a struck down as unconstitutional the parts reaction to what it portrayed as an alarm­ of the law dealing with public nakedness. ing rise in the number of adult entertain­ The City of Erie claims that the ment clubs within the city. The regulation Pennsylvania courts failed to follow bind­ banned doing any one of the following four ing precedent from the U.S. Supreme things in public: (1) engaging in sexual in­ Court. The Supreme Court had already is­ tercourse; (2) engaging in deviate sexual sued a decision on how to regulate public intercourse; (3) appearing in a state of nu­ indecency when it upheld the Indiana Jaw dity; and (4) fondling his/her own genitals in Barnes v. Glen Theater 501 U.S. 560 or the genitals of another person. (1991). Since the Erie law was directly While this appears to exclude only modeled on the public decency law which extreme sexual behavior, the terms 'nudity' the Supreme Court upheld as Constitu­ and 'public place' were defined in a way tional in Barnes, the city argues that the which included naked entertainment at Pennsylvania courts should have upheld such places as theaters, restaurants, bars the Erie law as well. and private membership clubs. This placed The Barnes case had dealt with a law the topless performers who appeared at a which had been on the books for many so called 'strip club' in the same category years. The point of that law had been of criminal as public masturbators and ex­ mainly to prevent outdoor indecency such hibitionists. as public masturbation. Justices Rehnquist, The law forced dancers at adult es­ O'Connor and Kennedy determined the In­ tablishments to cover up with at least diana regulation was not directed at the 'pasties' over the nipple area and G-strings adult entertainment business. Thus, it as bottom cover. The plain word<; of the passed the 4 part test for regulation of sym­ statute also made it a crime to appear 'na­ bolic expression from US v. 0 'Brian. That ked' in regular theatrical performances test addressed the type of expression in­ such as Hair andEquus. Meanwhile, some volved in erotic dancing, expre.,sion which women were allowed to appear 'naked' so includes non-verbal elements. For it to pass long as they were nursing. Children un­ Constitutional muster, a regulation affect­ der ten were also c<;mldnot be considered ing symbolic expression must further a 'naked'. substantial governmental interest which is The Erie regulation was dir.lo!ctly also unrelated to the suppression of free modeled after an Indiana public indecency expression. Justice Rehnquist's opinion deter­ law which the Supreme Court had upheld as Constitutional in 1991. Nonetheless, a mined that the Indiana regulation at issue local ·adult entertainment establishment, in Barnes was permissible because it fur­ Kandyland, challenged the Erie law upon thered the government's interest in regu­ grounds similar to those which had failed lating societal morality. That regulation's requirement of pasties and G-strings was in the Indiana challenge. The Supreme Court had previously determined that found to be a minor and permissible in­ erotic dancing is not in and of itself ob­ fringement on the dancers' symbolic ex­ scene and that such dancing does have the pression. At most, requiring clothing only impeded the manner of that expression and did not serve to prevent erotic messages from being conveyed to an audience. Jus­ tice Souter concurred but found that the important governmental interest was that of preventing the secondary effects of the adult business trade. This includes such oft cited effects as prostitution and sexual as­ saults. Since these effects are also unre­ lated to the expressive elements of the dance itself, he believed.any incidental in­ fringement on the dancer's expression was permissible. The Pennsylvania regulation, how­ ever, was not put on the books primarily to prevent the sort of old fa<;hioned public indecency seen in the Barnes decision. Rather, the Erie law wa<;aimed specifically at adult businesses. The dissent in Barnes had believed that the Indiana law was an impermissible infringement on First Amendment rights because it was aimed at the erotic content of the dances. That it was exactly because of the message of eroticism which dances convey to the au­ dience that the government sought to regu­ late it. When the content of the message is being regulated, the government must have a greater and compelling governmental in­ terest - an intert:!stwhich they found lack­ ing in the Indiana regulation. In considering the Pennsylvania regulation, Justice O'Connor expressed concern with the fact that the law was cre­ ated to address a specific problem and a specific type of expression. Justice Souter expressed concern with the unequal appli­ cation of the Erie law in that it was not enforced against all citizens equally. Of particular concern was the fact that the the­ atrical play Equus, which includes nudity, had recently been performed in the City of Erie but had not been prosecuted for vio­ lating the indecency laws. This unequal enforcement of the law only furthered Kandyland's argument that nude dancing was being singled out by the City to prevent the expressive elements from being publically communicated. As Judge Posner noted in the 7 th Circuit Barnes decision, the message conveyed by erotic dancing is one of emotions and feel­ ings of sensuality. Emotions which act upon an audience in a way he likened to the emotional impact of ballets and sym­ phonies. lustice Souter had determined that erotic dancing may be regulated to prevent it's secondary effects. Yet, it is the emo­ tional effects of the dancer's message which is said to create these secondary ef­ fects. It is the intensity and clarity of the dance 's expression which the law seeks.to mitigate. It is Justice Souter's concurrence in Barnes which the City of Erie cited in sup­ port of their regulation. What remains to be seen is whether the Supreme Court will determine that regulating the manner of the expression is incidental to the message or is a barely disguised attempt to muftle the message itself. The issue is salient in Buffalo which has recently seen the much maligned open­ ing of another adult club in Cheektowaga. People have decried the advent of this new club despite the fact that the developers followed regulations requiring it be placed in industrial territory, paid a years taxes in advance, hired over a hundred people and put a site directly across from a toxic land­ fill to use. The body of criticism is directed at the message and it's perceived effects upon the community and womenkind. It remains to be seen whether the Court will agree that decency laws directed at adult estab­ lishments impermissibly infringe upon the right of dancers to send out their messages. Should it turn out that such dir_ectedlegis­ lation is unconstitutional, perhaps more regulations could fall in the future. In par­ ticular, those regulations which are cur­ rently are allowed because they only regu­ late the time, place and manner of the ex­ pression and are not directed at the expres­ sion itself. Such regulations include the zoning restrictions in Cheektowaga and New York City. The Court is expected to issue its decision early next year. COMMENTARY You Have The Right To Remain Silent by Joshua Roberts 'OJ Many a television police officer has uttered the phrase; "you have the right to remain silent." Now, silence is precisely what Congress hopes to hear from the Supreme Court as the seemingly steadfast Miranda rule is revisited. The Justice Department, in a brief filed with the Supreme Court earlier this month, argues that Congress lacked the authority to pass a .J968 law aimed at superceding Miranda. The Miranda rule is derived from the 1966 Su­ preme Court decision, Miranda v. Arizona, 384 U.S. 436. With the purpose of protecting against self-in­ crimination, the rule requires police to inform criminal suspects of their rights to remain silent and to an attor­ ney. But the conservative 4th Circuit court of appeals threw the future of the Miranda rule into doubt with its decision this past February in United States v. Dickerson, 166 F.3d 667 in which the constitutionality of Congress' 1968 enactment of 18 U.S.C.A. § 3501 was upheld. That law attacks Miranda by legislating that "[i]n any criminal prosecution brought by the United States or by the District of Columbia, a confession ...shall be admissible in evidence if it is vol­ untarily given" whether or not Miranda rights were read. The Justice Department, lead by attorney general Reno, The law must decide whether a man can walk into a police sta­ tion, confess to having commit­ ted a series of bank robberies, and later attempt to suppress his confession ... because he was not read his Miranda rights. is requesting the Supreme Court hear the Dickerson case and reaffirm the Miranda decision. Although §3501 has been on the books for more than 30 years, the Justice Department has given defer­ ence to the Miranda ruling. Until now, the law has been viewed as unconstitutional and unenforceable. The Su- preme Court, in deciding whether or not to grant cer­ tiorari, will have to determine whether the 4th Circuit ·erred in finding §3501 constitutional in light of Miranda. The 4th Circuit asserted in its opinion that Congress has clear "authority to overrule judicially created rules of evidence and procedure that are not required by the Constitution." Further asserting that the Supreme Court, in delivering its Miranda decision, did not "refer to the warnings as constitutional rights" the 4th Circuit found §3501 to take precedence over Miranda. The Justice department argues that Miranda has itself become "a constitutional foundation" ingrained in the law and the psyche of the nation. The law must decide whether a man can walk into a police station, confess to having committed a series of bank robberies, and later attempt to suppress his confession as Dickerson did because he was not read his Miranda rights. The Miranda ruling drew a clear line between legality and illegality. But as is the nature of our legal system, and consequently of our profes­ sion, clear lines of legality are meant to be blurred in the name of democracy. �4 December 6, 1999 THE OPINION Movie Review The Insider by Kevin Hsi '00 Over the Thanksgiving break, I finally had the chance to watch The Insider, a somewhat con­ troversial movie that dramatizes the actual ill-fated relationship between a prominent tobacco indus­ try whistlebJower and CBS' 60 Minutes during the mid-1990s. The Insider stars Al Pacino as a 60 Minutes segment producer named Lowell Bergman and Russell Crowe, a<;Jeffrey Wigand, a former sci­ entist and corporate executive for the Brown & Williamson tobacco company. The Insider was directed by Michael Mann, the creator of"Miami Vice" and the director of several well-received movies such as "Heat" and "The Last of the Mohicans." A brilliant expose on the difficulties of deal­ ing with the economic power of corporate America, The Insider shows how fears of legal liability could even force a famous news show like CBS' 60 Min­ utes to censor itself when it comes to showing a segment on the tobacco industry's long-time knowledge of the addictiveness of tobacco. As in real life, Wigand was the former vice president for research and development at Brown & Williamson who agreed to speak to "60 Min­ utes" about what the company knew about the dangers of smoking. According to The Insider, Wigand agreed to do so partly through the prompt­ ing of Bergman, a 60 Minutes segment producer who worked prima'rily for Mike Wallace. Not surprisingly, Brown & Williamson was very displeased when it found out and the movie strongly implies that the company exerted a great deal of financial and emotional pressures on Wigand in hopes of keeping him silent. However, whereas the company failed to stop Wigand, The Insider shows how it was ulti­ mately the cowardice and possible self-interest on the part of CBS' executives that nearly destroyed Wigand and his credibility. Although Wigand did consent to an interview with Wallace for "60 Min­ utes", the interview was shown to the public in a heavily censored format after fears of legal liabil­ ity were expressed by CBS corporate executives, particularly its general counsel (played by Gina Gershon). The censored segment quickly became known as one of the lowest points in CBS (and television) history while the latter segment was only shown belatedly after considerable public outrage on the ontside and strenuous advocacy on the inside by Bergman. In fact, much of the movie actually focuses on Bergman, played with usual aplomb by Pacino, and his difficulties in dealing with both the reluc­ tant Wigand and his own superiors at CBS who were even more reluctant than Wigand at the legal and financial implications of exposing the truth about smoking. Mike Wallace, as the reporter who actu­ ally interviewed Wigand and narrated both the cen­ sored and uncensored segments of that interview that were shown on 60 Minutes, is portrayed very convincingly by Christopher Plummer, particularly in terms of his looks and mannerisms. Wallace's own role in the Wigand censorship fiasco is un­ clear although, in my view, the movie does try to portray the reporter in a generally sympathetic light as he struggles over ~hether or not to side with Bergman and his own conscience. Likewise, the acting of Pacino, Crowe and the cast in general is superb. Crowe, in particular, gives a tremendously moving portrayal of the emo­ tional turmoil that Wigand must have went through before he was finally exonerated in the court of public opinion .. A"'an additional bonu., the movie has a brief but effective cameo role by Mike Moore, the cur­ rent Attorney General of Mississippi who was also the first A.G. to file a lawsuit on behalf of a state . against the tobacco industry. Interestingly enough, despite the movie's obvious criticisms against censorship, the movie itself goes to highly visible lengths to stress in both its opening and closing credits that while it is "ba'>ed on a true story, certain events depicted in the film have been fictionalized for dramatic ef­ fect." In actuality, The Insider shows very little of what actually goes on inside Brown & Williamson and mentions only one Brown & Williamson employee, former CEO Thomas Sandefur (who died in 1997) by name. Furthermore, the movie never mentioned that at the time of the "60 Minutes" censorship fiasco, CBS was owned by the Tisch family who also happened to own the Lorillard Tobacco Com­ pany. In fact, the head of Lorillard was Andrew Tisch, the son of CBS chairman Laurence Tisch. Furthermore, like Sandefur, Andrew Tisch was one of the tobacco company CEOs who testified be­ fore Congress in 1994 that none of them believed that nicotine was addictive. The movie, like the 60 Minutes interview, dwelled onJy on the testimony of Sandefur. Iro!Ji­ cally, the movie's byline on its poster simply says, "Exposing the truth could be hazardous." None­ theless, it has been reported that Brown & Williamson had actually sent its pollsters to vari­ ous premieres of The Insider in order to gauge audience reaction on how the company was por­ trayed during the movie. Furthermore, it has also been reported that Brown & Williamson is currently considering fil­ ing a libel lawsuit against the Walt Disney Com­ pany, the owner of Touchstone Pictures, which produced and distributed the film. ( Ironically, a few years before Wigand had even spoken to "60 Minutes", ABC News (which is now owned by Disney) was involved in a similar incident involv­ ing Phillip Morris.) While The Insider is inevitably filled with generalizations and dramatizations of the actual events surround Wigand, it nonetheless offers a compelling and thought provoking look at how our legal system can operate particularly in regards to how some corporate lawyers may choose to oper­ ate when defending the interests of their clients. For example, during the movie, Wigand blamed the lawyers at Brown & Williamson for ruining his life after the company found out of his inten­ tions to tell 60 Minutes what he knew about the dangers of cigarette smoking. Ironically, the real aftermath for this movie could be the tobacco industry's current fight against the government in the U.S. Supreme Court to have the Court over­ rule the Food and Drug Administration (FDA)'s authority to regulate tobacco, particularly in re­ gardl to its inquiry into nicotine. A decision is due in sometime next year. In fact, the case that was argued before the Court on December 1 was called: FDA v. Brown & Williamson. See also, Brown & Williamson v. FDA, 153 F.3d 155 (4 th Cir. 1998). Since its release a month ago, "The In­ sider" has received strong reviews from most movie critics but it has also fared weakly at the box office (so far, the film has earned a little over $22 million at the box office) perhaps because of its length (it's over two and half hours long but seems to go by a lot quicker) and its somewhat sensitive topic matter. However, my recoqimen­ dation is that everyone, especially lawyers and law students, should take a stand against corporate censorship and watch The Insider. It is a revealing, compelling and timely movie about the lengths that companies may go through in order to keep the truth hidden from the public. The Insider is currently showing at vari­ ous local theaters including the University Cin­ ema on Maple Road, near the U.B. Campus. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1999-12-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 4 06.12.1999 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/6/1999 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9652188733d347e8f9077cef60cc03b5.pdf 8d42b656e844e01b6e003038fe2a0a9f PDF Text Text Vol. 51, Issue #5 O THE PINION STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW FEBRUARY 14, 2000 Class Yearbook Effort Cancelled The UB Law Student Bar Associatoin abandoned attempts to put together a yearbook for the Class of 2000 after repeated requests for 3L involvement went largely unanswered. SBA VicePresident Tanya McDuffie announced during the organization's February 9 meeting. She reported that it was not possible to create the yearbook without assistance from members of the 3L class. The SBA's Yearbook Committee had sent notices to all third year law students requesting students willing to work on their own yearbook. These notices brought little response leaving only McDuffie, a 2L, to do most of the work. One volunteer with prior yearbook experience characterized the task as impossible for one person to complete before the semester ends. "It took three people working all last year to put out last year's yearbook," said second-year student David Allen, who spent a year as a high-school yearbook advisor before entering law school. "This late in the year, I don't see how it could be done at all." A yearbook would have also carried a financial burden. The SBA budget lines currently include $1,000 for the yearbook project. A completed project would have in the neighborhood of $10,000 or $12,000, SBA officials said. Many ofthose funds would have come from yearbook purchases and advertising. Such advertising and layout is are examples of the type of tasks requiring ascost sistance from some of the 3Lclass. Funding availability alone is not enough to get the job done without the additional manpower to put the funds to some use. McDuffie took on the project on behalf of the SBA after attempts to find an editor earlier this year failed. Although the Class of 2000 will not have a yearbook, 3L Elizabeth Snyder announced that she would be spearheading a replacement memento. At the Wednesday SBA meeting she announced an effort to produce a 'memory book. Snyder reported that this would likely be produced on cardstock through a xerox process similar to the creation ofthe SBA phone directory. An additional similarity to the phone directory is the method in which the book will be funded. The Opinion has agreed to donate their excess funds to cover printing and reproduction costs.. Also during the meeting, the SBA: �Granted Robin Barovick (3L) $300 to present a paper at the Fifth Annual Na- tional Student Convocation at the Suffolk University School of Law. The money will help cover travel expenses to the school which is located in Boston, Massachusetts. The SBA has previously approved funding for students traveling to such events as ATLA and sports law conferences. For more information on how to make a similar funding proposal, contact your SBA representatives. * Officially recognized the Intellectual Property Journal. Efforts to establish an Intellectual Property Journal were underway for much of the fall.. The SBA voted 17-0, with one abstention, in favor of recognizing the organization. This makes the journal one of only seven other journals in the country dedicated exclu- sively to intellectual property law. Official recognition also makes the journal eligible to receive SBAfunding. The journal asked for $2,730 which represents the remainder of their proposed budget not met by other sources. The rest of their budget had already been accounted for through private donations from prominent local firms. Discussion following the proposal concentrated on the speculative nature of new and unproven organizations. It is the Board's practice to only give a token of $50 or $100 toward new clubs until they demonstrate their performance and longevity. The following year's budget is then based upon that performance from the year before. The budget discussion was subsequently tabled for a future meeting. Cochran to deliver speech at UB Fameddefense attorney Johnnie Cochran, Jr., will speak at the University at Buffalo this week. Cochran, whose high-profile clients have included O.J. Simpson, Reginald Denny and Michael Jackson, will present the keynote address at ÜB's 24th Annual Martin Luther King, Jr., Commemoration on Feb. 16. He will speak on the influence of the media on race relations. A graduate of the University of California at Los Angels and Loyala Law School, Cochran served as deputy city attorney for the City of Los Angeles, assigned to the Criminal Division, for two years before founding a private firm. The commemoration will be presented by UB and the ames Fenton Lecture Foundation. It is sponsored by the Buffalo Association of Black Jounalists. Ellen Gibson, Director of UB Law Library, Retires by Peter Nicely '01 On December 17, 1999 Ellen Gibson, the longtime Director of the Law Library has retired. Ms. Gibson was withthe Law Library for twenty five years and was the Director sincer 1984. She now plans to enjoy her retirement pursuing her many other interests. The Law School is currently conducting a search for a new Director and hopes to have the position filled in the next few months. Marcia Zubrow is currently the acting Director. Ms. Gibson first joinded the Law Library reference staff at UB in 1974. She worked part-time at the library for several years and began attending law school in 1977 and earned her Juris Doctorate from UB in 1980. She was originally interested in progressing in the field of Law Librarianship and academic administration, but in the course of her legal studies she became interested in Tax Law. After graduating and becoming licensed she practiced in pension law and estates for three years at Albrecht, McGuire, Heffrin and Grey where she met her husband who is still with the firm. In 1983 the UB Law Library Directorship was vacant and the school was not satisfied with any of the candidates whoapplied to fill the position. Tom Hedrick, who was the Dean of the Law School at that time (later Provost and now Dean of the School of Architecture) contacted Ms. Gibson and she agreed to take the position as Director as it gave her more free time to spend with her two young children. At that time Ms. Gibson had little experience in library administration and Wade Newhouse now UB Law Professor Emeritus, who has taught Constitutional Law, International Law, and Educational Law, acted as the Director and Ms. Gibson acted as the Assistant Director while she learned how to do the job. She took over the Directorship in 1984 and published her first edition of New York Legal Research Guide in!9BB. For that publication she received theAndrews Bibliographic Award from the American Association of Law Librarians. In 1998 she published her second edition of the Bill Manns. The Guide is now in its thirdedition. When Ms. Gibson began her work here, there was really no comprehensive New York legal research guide available. She recognized the need for a comprehensive guide and spent years compiling and organizing sources and writing the guide. The Guide also contains information and Guide for which she recieved the Tony Greek Award from the Association of Law Libraries of Upstate New York. The Guide is considered to be the most comprehensive and authoritative reference book on legal research in New York State. The first edition was published in 1988, when Lexis and Westlaw existed but the internet did not. The revised second edition, published in 1998, contains an expansion of the first edition's historical work along with information on internet legal research databases and other legal research sources that are available on Statelaw. The revised edition also contains a large section on researching New York City law which was written by theAssistant director at St. John's, resources available on topics such as background on the New York State Admininistrative Code and peculiarities of the history of how our consolidated laws came to be. Ms. Gibson now plans to pursue her many other interests. Currently she is working with the Sierra Club, the Audobon Society, the Citizen's Campaign for the Environment to persuade the State to designate Zore Valley "Multiple Use" Area as a natural area to prevent logging of old-growth timber inside the gorge, but the State Dept. of Environmental Conservation wants to reserve the right to log this natural area which Ms. Gibson loves dearly. Reservation ofthis right would only leave open the door for future logging which would mar the beauty and depleat the soil of the area. Zore Valley is truly beloved by many naturalists and recreationalists who would rather lie down and die before allowing it to be logged. Ms. Gibson is also the present Chair ofthe local Adirondack Mountain Club. In the past, she participated in the successful effort to prevent the State from logging Wild Cherry stands in Allegheny State Park. Ms. Gibson's real passion is backpacking. She often backpacks with the Adirondack Mountain Club in the Adirondacks and in the Pennsylvania State Forest system. She also hikes in the National Forest system on occasion. Several years ago she hiked several hundred miles of the lower part of the Appalachian Trail. She plans to cover a three hundred mile section of the trail sometime in the near future. Ms. Gibson is also a chairperson of the advisory board of WBFO, the UB radio station. She is married and has two children, a son who lives in San Diego, and a daughter who lives in Butte Montana. Her husband practices estate law at Albrecht and McGuire here in Buffalo. �February 14, 2000 THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: OplEd Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at theOpinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in the SBAoffice vestibule. Submissions shouldbe saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no wayendorses the viewpoints of its variouscolumnists and contributors. EDITORIAL Put Cameras Back Into the Courtroom by David Allen '01 A recent article in the Buffalo News stated that the state Legislature wasn 't likely to approve the use ofrecording devises in courtrooms.That's a shame. Camersa and tape recorders were permitted by law in courtrooms for several years. Putofoffby the circus atmosphere surrounding the OJ. Simpson trial in 1995, our slate representatives decided to not renew the law. While we all have nightmares about Marcia Clark's bad hair days, DNA statistics and Johnnie Cochran rhyming fit and acquit,it would be wrong to color all courtroom media coverage by one Court TV miniseries. I can speak from experience. In my former life as a community newspaper reporter, I spent years covering a local county local court. Every session, I and other reporters would show up with the small, hand-held cassette recorders, similar to the ones countless law students bring to class. Despite the fears of our elected Assemblymen, not once did we shove a microphone in a defendent 's face after a verdict; we discretely taped the proceedings to ensure the accuracy of our information. The only occasions televisoin cameras would crop up was at the end ofa murder or sexual abuse trial. At all times, the prosiding judge held great power over the use of any recording device. Most often, he required a request three days ahead oftime, and normallyplaced severe restrictoins on our use of them. Never was anyone allowed to film the jury or a witness. As often as not, it was easier to wait outside to shootfootage of the defendent. None of the other arguments against recording courtroom cameras wash, either. Only in the most extreme cases wouldthe on-site media coverage create difficulty for a defendant to receive a fair trial. On the contrary, the advent of Court TV has been a positive influence on the American public. For those of us who don't hag out at the Courthouse for fun, most of our prior exposure to the legal field has been reruns ofPerry Mason, LA Law and more recently, Law & Order and (shudder) Ally Mcßeal. For those who don't watch much television, we may have been entertained by a good John Grisham novel. I wondeer how many of us applied for law school with visions ofa favorite-colored Porshe dancing in our heads. The ability to bring a camera into the courtroom has enabled the common media to present America with a true view of how our legal system works. Accordingly, the more people know about the legal process, the more inclined they are to trust it. And despite the fear that some attorneys will use the spotlight to showboat or drum up business, a lawyer facing a camnera would more likely spend more timepreparing to do his or her job, infear oflooking like a fool in front ofnot only the coourtroom, but all of the viewing audience as well. - Tips For PI/PS An inside look at the N.Y.U. Public Interest Job Fair/Symposium by Kevin Hsi '00 This is a slightly updated version ofan article that I wrote for The Opinion two years ago (Feb. 9, 1998 issue). Over the past few years, I have attended the annual Public Interest/ Public Service Job Fair and Symposium (better known as PI/PS ("pips")) at New YorkUniversity (N.Y.U.) Law School. In addition, I have also attended the NAPILjob fair in Washington D.C. twice during the fall semester to meet with public interest employers from across the country. Given that the PI/PS fair is THE major event for law students looking for public-interest jobs and internships in and around the New York City area, I feel that a little advance knowledge (call it advice if you wish) could be helpful particularly for the lLs and other students who are going for the first time. First of all, the fair itself is open to all law students. Therefore I strongly encourage everyone, especially lLs, who have any interest towards the public sector (i.e. government or non-profit) to do their best to try and attend the PI/PS fair which will be held on February 17 and 18 at N.Y.U. Law School. Even if you have not submitted a resume through the Career Service Office (CSO) and/or you do not have any official interviews lined up for the fair, there are three major reasons why you should try and go. The first reason is that while several organizations have previously scheduled interviews for the fair, virtually every organization will have some additional representatives available to speak to everyone else at a specified table where they will have informational material available. These are known as "table-talks." They are basically informational interviews which require no previous arrangement and they are a good way for learning more about what's out there in the public interest field. While many of the employers from the PI/PS fair are from the New York City area, there are always numerous public interest organizations from around the country who will alsobe present. Almost all interviewers will accept resumes on the spot and some have even been known to schedule a formal interview right away within the next few daysright after your talk (though that did not happen to me personally). From personal experience, I have found almost all of the organizations' representatives to be very friendly and open to all questions. Of course, it's up to the individual to approach them first since there could be hundreds of people moving around the fair and talking at the same time. As an aside, it should be noted that the representative may not necessarily be the most "representative" member of that organization, so do not let F.I.S. (First Impression Syndrome) deter you from speaking to someone at an organization which you might be interested in. The second reason for going is that there are several career panels which are open to everyone. These panels cover a wide range ofthe public interest world (i.e. legal services, criminal justice, civil rights and civil liberties, labor and employment law, human rights and public international law, etc.) and consist of practicing public interest attorneys from all over the country. Basically the attorneys tend to discuss what they do, how they got to where they are and what you can do to try to get to where they are or wherever else you want to be. Having attended several different panels over the past few years, I know that all of the panelists strongly encourage questions from the audience and they tend to be frank yet optimistic about their life in the public interest field. The thirdreason is simply this: networking. The sad truth is that it's hard to get any job (at least one which is satisfying in the long-run) without networking. My impression of this is that it is especially true within the public interest community. There are various reasons for this, not the least of which are the economic ones. Non-profits by their very nature are forced to be selective in their hiring (whether for internships or full-time jobs) by virtue of their limited funding. As such, they will like to hire people who they can rely on and the way to become one of these people is by networking (and by demonstrating your commitment to some of their causes along the way). In addition, because we are in Buffalo, it is even harder for almost all of these groups to come up here as it is for us to go down there to New York City given their limited budgets. (Heck, even many multi-million dollar Wall Street law firms would rather have us visit them than for them to visit us although it's likely that their reasons are not solely economic ones.) Without a doubt, the PI/PS fair is the best place to meet the largest number of employers from the largest number of places all at once. Even though it may not be the ideal way to conduct a job search (being in a room with hundreds of lawyers and law students isn't too pleasant for most people), the potential networking opportunities are tremendous especially if you remember to follow up on them. Even if you don't get any offers right away, keep in touch with your contacts as many will try to help you out so that you can maintain your commitment to causes that both of you believe in. The public interest community (sadly) isn't that large, so even one connection with one person or organization can likely go a long way throughout your law school career and possibly beyond. My final tips are these: First, dress up as you would for any formal job interview. While there's no official dress code that I know of, it's much safer that way. One irony is that for an area of law that tends to pride itself on its relaxed dress code and attitude (as compared to the private firms), the appearances of virtually all the interviewers and interviewees were formal yet comfortable, professional, and yes, even conservative (although the.attitudes did vary from interviewer to interviewer). Second, bring more than one version of your resume and bring lots of it. Third, do some advance research on your top choices in CSO and if possible on the issues which those organizations deal with - this is a good way to impress the interviewer with your knowledge and will prevent him/her from having to give the same canned speech again (they'll probably appreciate it too). Fourth, when you get there, try not to be intimidated by the size of the crowd and the hectic pace. As long as you don't have any formal interviews scheduled, you can work the room at your own pace. Finally, as cliched as it sounds, try to relax, talk to different people whenever you can and have some fun - after all, you'll have a weekend in New York City to look forward to when you are done. �February 14, 2000 THE OPINION 3 J. GARDNER PIEPER -k :Ilill : ::::::::::::: : : :- 5w * :: JRil jii ::::;:;>i;;-i::; :; ::-:: :-:::::: ::: _: .•: :vS ' : : : : ■■ - hll^^^ if ■:: :: "" : : "- -:-:';-SS'' iiiiiii*. ■:■:■:■:■:■:■:*:•:•:•:•:•!•!•!■:■:■:■:■:■: . liiiiiiiiii i 11in mi HI ; •eilllelle Sip "^-:"x-; &*HfIBiiHBHBBBHBBBHH WILL BE SPEAKING ON HOW TO PREPARE FOR THE NEW YORK BAR EXAM AT: University at Buffalo Date: Wednesday, March 1, 2000 Place: Room 109 Time: 3:00 P.M. 4:00 P.M. DON'T MISS IT! PIZZA & PIEPER BAR REVIEW... WHAT A WINNING COMBINATION!!! THE PIEPER BAR REVIEW 1-800-635-6569 �, Job Goddess talks to law students February 14, 2000 THE OPINION 4 The Roots of Rationality (A Spoof) By Peter Nicely '01 A long long time ago there was a man who went by the name of Euthlid. That was his name because that was what his fellow Greeks called him - Euthlid. Some readers may know that Euthlid was a mathematician. The problem was that in his day people had no conception of the difference between ration and irrational numbers. All they knew about was whole numbers because they proved their mathematical theorems by pushing around pebbles and other physical objects like marbles, twigs, fruits, etceteras. It fell upon Euclid, a relatively ignorant man who simple loved to play around with numbers, to one day stumble upon the discovery which singled him out and made him known as thefather ofEuclidian Geometry (modern man changed the spelling of his name). Back at the time when Euthlid was in his prime there were not very many trees around because that part of the planet had already been deforested long before he was born. So the Greeks, like the Egyptians and and most everyone else, used mushed up swamp reeds to write on (except, of course, the northern Europeans who used the more cerebral sheepskins). People back then called it papyrus. Unfortunately for Euclid, he went unemployed for a period of time. It fell upon Euthlid's wife to support the family. Euthlid's wife was known as Corroboratis because that was what people called her. Euthlid had to stay home and care for their young child whose name was Eruptionides because that was what everybody called him. But this turned out to be an historically fortunate set of circumstances for the posterity of the civilized world as we shall soon see. Well, needless to say, there were no disposable diapers back at that time and even if there were, Euclid would not be able to afford to use them. One day when Euthlid was babysitting Eruptionides and Corroboratis was out gathering roots and what-not to contribute to the household, Euclid made his fateful discovery. On days like this when Euclid had to baby-sit Eruptionides, he had gotten into the then strange habit of making computations on papyrus (an abstract representational form that was far removed from the normal corporeal method of computation with real, whole objects). Now, on the day in question, it came to pass that Eruptionides was suffering from contiuous intermittent eruptions of a particularly malodorous substance and had developed a bit of a rash on the posterior section of the gluteus maximus (now known as diaperrash). Having nothing else on hand at the time, Euthlid seized one of his large sheets of Papyrus, ripped it in half, and swaddled the babe in the fortuitously absorbent material. When Euthlid returned to his numerical figures he realized exactly what he had just done. He had used , a mathematicalformula to cover a rash on Eruptionides tender littlebottom. When Corroboratis returned home that evening Euthlid proudly displayed the unsoiled Eruptionides to his wife and she declared that Euthlid had discovered a "rash anal" use of numbers. She immediately went out into the community and proclaimed far and wide and openly that her husband had developed a new more absorbant "rash anal" formula which involved the use of a new concept called division. The Euthlids didn't patent the formula but everybody wanted to know how to divide their papyrus in this knew rash anal way since diaper rash was a common malady for which there was no known cure. The process was so popular that he devised theorems to explain what exactly was going on when people tore their papyrus in half for the purpose of protecting their babies' bottoms. Eventually, Euthlid abbreviated the words and further developed some additional thoughts on differences between "rationality" and irrationality and formulated the Euclidian Geometry that we all now know and love. ByGabeDiMaio '01 Kimm Walton, author of the book "Guerilla Tactics For Getting The Law Job OfYourDreams" made a promise to the U.B.law students assembled in O'Brian Hall. She said that she would help them find thejob of their dreams. "If you don't believe me now, you will believe me one hour from n0w..." She was right. With the enthusiasm of an evangelist at a revival meeting, Walton was outgoing and funny as she expressed twelve steps for success. These steps were gleaned not from her experience. More importantly, she said, it was the experience of many students using strategies that have succeeded. As she paced the floor, Walton's advice was eagerly lapped up by the law students. Much of the advice was based in common sense that stressed the student believing in themselves, preparation, and enthu- Walton, author of "Guerilla Tactics For Getting The Law Job Of Your Dreams" and other advice books, is the also the creator of the "Law in a Flash" study aids for law siasm. students. "Enthusiasm will get you hired! Pretending you don't want the job only works when you date," she said as she pointed to her recently Students interested in more information are encouraged to send Business Review seeks spring submissions The Buffalo Business Review is seeking submissions of articles or manuscripts for publication it its spring 200 issue. The articles should range in length from 1-20 pages or up to 25,000 words, and can include graphs, charts orany other appropriate visual aids. The deadlinefor submissions is March 15. The articles can address a breadth of businesses from the large corporation to the single entrepreneur and can touch on all the aspects of the business environment including financial, organizational, legal, technological and human resource issues. Articles dealing with issues that are pertinant to the businesses and economic factors in Western New York are encouraged. The articles should be typed in Microspft Word 6.0 or 7.0 or a compatible program. Any chartsm graphs or other visual depictions should be included in the document (and on the disc version) when it is submitted. Please include your full name, office address and a phone/fax/email where you may be reached. When submiting publications to the Buffalo business Revie3w, you must include a hard copy version and s final saved version on a 3.5 inch IBM-formatted disc. Both the hard copy and diskette will be returned to you if you include the necessary envelope and postage. Submissions may be sent via email to scudder@acsu.buffalo.edu as an attached Word document that conforms to the above specifications. If you choose to submit your document via email a hard coipy will need to be sent before your work can ber published. The address for submission is Brion A. Scudder, Buffalo Business Review, State University of New York at Buffalo, School of Management, 316 Jacobs Hall, Buffalo, New York 14261. acquired wedding ring. After a hour with the group, Walton took questions from the audience and then stayed to answer the questions during a reception held afterwards. questions to her at Jobgoddess @ AOL.com I SUMMER I LAW STUDY in Barcelona Dublin Florence London Moscow Oxford Paris San Diego JET) Uruveraity of<San Diega FOREIGN LAW PROGRAMS SCHOOL OF LAW 5998 Alcala Park San Diego. CA 92110-2492 e-mail: ckingOacusd.edu tax: 619/260-2230 http //www acusd.edu/lawabroad ADVERTISE IN THE �February 14, 2000 THE OPINION 5 FREE ETHICS M.P.R.E. REVIEW COME EXPERIENCE THE PIEPER METHOD BECAUSE PIEPER PEOPLE PASS! UNIVERSITY AT BUFFALO DATE: SATURDAY, FEBRUARY 19, 2000 PLACE: O'BRIAN HALL ROOM 214 TIME: 9:00 TO 5:15 P.M. - NOTE: Walk-ins are welcome or contact your Pieper Head Representative Francisco Ayala, 111. Each student will receive the free two-part M.P.R.E. Review Books. II II II II If II II II kM mm II TEST DATE: FRIDAY, MARCH 10, 2000 II THE PIEPER BAR REVIEW II|| 1-800-635-6569 j& KvM �February 14, 2000 THE OPINION 6 I WANT YOU TO HAVE AN OPINION Sooner or later, you're going to have to prove to an employer that you did something to make your school a better place. After all, firms want to see more than grades, they want to see the type of person who's involved, who does that something extra for their community. Come in and see how being part of the Opinion can fit into your schedule, enhance your resume and cast your involvement in the best possible light. Yeah, we know, it's not the Buffalo Law Review . . . However, you are still writing, without having to become a cloistered site checker, and get to see and be seen. Not convinced it's worthwhile. Come on down and see how you can have an office larger than some faculty, conveniences such as a refrigerator, microwave, coffee, stereo, non-public computers, and a host of other perks including the opportunity to get your name in the national Who's Who. Remember, the words 'editor' can look good on your resume. You need us ... and we certainly need you. Hey, it's perfect.. flflflU I t, J^^ U HHB|H ■ H H A �February 14, 2000 THE OPINION COMING UP Law School, Phi Alpha Delta Sponsor Blood Drive Tin* UB Law School an J and Phi Alpha Delta are jointly sponsoring a blood drive, to be held Tuesday, February 15. The event will be held in Ihe O'Bnan Hail seventh floor teacher \ lounge, from 10 a.m. 3 p.m. To donate, one must he in good health, at least 17 years old, and weigh at least 110 lbs. For an appointment, contact Kristin Gutenberger at ' Keg2(tf ;*rsu .buffajo.edu. - Law School SBA To Host Professional's Night Feb. 23 The Student Bnr Association will parent UB Professional's ntghi Wednesday, February' 23. Tlw event will offer stu«k»dt.s a chance to uenvork w«h working profes*-oaais in their tiekl of study. A stand-op recenpuon w>l! he held from 5-7 p.m. at the Center for the Arts. followd by a basketball gamt' (U.B. vs. Ohio) at 7:30 p.m To register, contact SBA Presjik-nt Vince Oregon' at vj;iegor>-C<{acsu.buffaJo.edu by the end of business Monday, Feb. BPILP finalizes annual auction plans by DavidAllen '01 Ski trips, artwork, tatoos and even an autographed hockey stick will be up for sale next week, when the Buffalo Public Interest Law program hosts its fifth annual fundraising auction. yet. The event will be held from 7 p.m. - midnight at the Hyatt Grand Ballroom. Tickets will cost $27 per person. UB Law students can take advantage of a special rate of $79 for a rooom at the Hyatt. "This discount is given so everyone at the ball can party without the worry of a DWI," said SBAParlimentarian Mary Snyder. Coctail hour will begin at 7 p.m. with a top shelf open bar. As is tradition, the bar will be closed during dinner which begins at 8 p.m.; it will repoen at 9 p.m. for the rest of the evening. This year's food choices are sirloin tips, chicken picatta or vegetable napoleon. Dessert is cheesecake on a rasberry chocolate covered plate. Attendees are welcome to dance if they feel inspired at anytime during the evening; a disc jockey will begin playing music after dinner, until midnight. This year's DJ welcomes requests, so if you have some favorite songs, feel free to bring your CD's. Tickets go on sale Monday, Feb. 21, and will be sold until Friday, Feb. 3,-each day in front of the SBA office from 9 a.m. until 5 p.m. Questions regarding the ball can be directed to Snyder in the SBA office. ADVERTISE IN THE OPINION 645-2147 ton, MA. This year, more than 40 BPILP memebers have spent a large amount of time soliciting more than 200 items to be auctioned off at next week's event. Items up for auction will include: * Dance lessons * Sabres tickets * Philharmonic tickets *A hockey stick autographed by the Sabres The FifthAnnual BPILP Auction will be held Friday, Feb. 25, at the Adam's Mark Hotel, on Church Street in downtown Buffalo, from 7-11 p.m. The annual event raises money to fund a series of public interest summer fellowships for law * Tattoos * Movie Passes *BARBRI tuition reductions students. Last year, BPILP raised more than $15,000 through the auction, using the money to sponsor 15 summer fellowships, including several co-sponsored with other UB Law School organizations. Students receiving fellowships have used the assistance to particiapate in public interest activities worldwide. Past fellowships have included studies at the Center for Justice & International Law in Paraguay; the Center for Women's Rights in Warsaw, Poland; the Federal Defender's office in San Diego, and Greater Boston Legal Servicxes in Bos- *Antiques * Date packages "Everything is donated," said event co-chair Sarah Smith, noting that several professors have also chipped in to assist the cause. Tickets for the auction will cost $15 for students, and $30 for the general public. The evening includes hot and cold hor deurves, dessert and coffee. Tickets will be sold in front of the law school library, Monday through Thursday, from 10 a.m. - 3 p.m. Money is not Speech and other Campaign Oddities Don't Miss Out On The Barrister's Ball! The annual Barrister's Ball wil be held Friday, March 31. According to planners, this year's ball will be the best 7 by Peter DeWind '00 Money is property, not speech. The concept may sound simple, yet, this precept may have far reaching effects upon the operation of the American Democratic process. It is from one of two decisions recently handed down by the U.S. Supreme Court which dramatically affect therules by which political campaigns may be run in the future. The first case, dealing with campaign finance limitations, is currently one of the major issues in the Presidential race. For example, GOP candidate McCain has been stumping in favor of finance reform while George W. Bush, with his tramendous warchest, has come out in favor of lifting all financing limitations. This latter position is based upon the argument that campaign contributions are a form of speech. Limiting money, therefore, is seen as a limitation upon one's speech. In short, money is not a thing, money is speech. This position is in direct contradiction to the prior Supreme Court stance taken in Buckley v. Balejo. That case had found campaign finance restrictions to be permissible under the U.S. Constitution. However, that case had been decided by a different bench in 1976. That decision had reflected the view that it was necessarry to limit political contributions in order to protect the integrity of the democratic process. This position has become quite popular as many, including GOP candidate John McCain, espouse the corrupting effects of large donations upon polical integrity. Regardless of popular wisdom, many believed the current, and more conservative, Court had been dropping hints that it would like to back away from their position that contribution caps are constitutional. In the current case, Nixon v. Shrink Missouri PAC, the Court was considering a challenge brought against a Missouri law which had placed a $1,075 cap on policial contributions. When Zev David Fredman was defeated in his bid for state auditor, he blamed it on fundraising limitations. He and his supporting PAC believed the cap was too low and hampered one's ability to run against incumbants. This gave the Court it's first opportunity to review the prior Buckley decision. In a 6-3 vote, the Court decided to uphold the Missouri Law. The actual issue in the case was a narrow quibbling with inflation adjustments since 1976. The true importance of this ruling, however, is in the fact that it maintains the Buckley campaign finance dichotomy wherein it is impermissible to place limitations upon how much a given campaign may spend, but permissible to limit how much of . that may come from any one given campaign donor. In short, when it comes to contributors, money is property, not speech. This resolves, for the time being, the question of whether finance reform is permissible. What remains to be seen is whether it will be allowed. The majority pointed the proposition that it is important to protect the integrity of the democratic system from the corrupting influence of money. The dissent, however, pointed out that limiting campaign contributions, while allowing unfettered campaign spending, only leads to covert corruption. As legitimate channels are closed off, interested parties may turn to other ways of getting candidate's to pay attention to their positions. Justice Sourter termed it "covert speech funded by unlimited soft money". The question is which is more damaging in the long run. The court issued another opinion at affecting the democratic process at the same time as the Nixon opinion was handed down. While this one may not have as great an effect upon the national picture, it's philosophic underpinnings much more disturbing. In brief, it is now OK to perpetuate discrimination so long as one does not make it worse. The case, Reno v. Bossier Parish School Board, dealt with attempts to redraw the voting districts for a school board election. The school district was 20% minority, however, the all white school board wished to redraw the voting lines to keep the minority groups from gaining a seat on the board. Since the mid-60s, the Department of Justice has had the power to intervene when such racially motivated redistricting is occurring.The Court, however, ruled that the Department of Justice may not intervene in such an instance because the effect of the redistricting placed the community's minorities in no worse position than they had been previously. because no one on the Think about that board had been a minority, that part of the community was not put in a worse position through a violation of voting rights and, therefore, the DOJ can no longer intervene. Because the DOJ can not get involved for 'mere perpertuation' of racism through redistricting, the task of fighting continuing discriminatory harms falls squarely upon the community's shoul- .. ders. Private actions are expensive and this factor alone could be enough to stifle community action. However, it is the release of possible DOJ presure which may be most troublesome to those who wish to stop such practices. �February 14, 2000 THE OPINION 8 i I © ■ Considering the cost of your textbooks, tney must tnink you've made partner already. The verdict is in. Vdrsityßooks.com is the place to buy your textbooks. That's because you can save up to 40% on textbooks and get them in one to three business completely reliable and secure, which should bring a smile to students of law or any other subject. SAVE UP TO 40% ON TEXTBOOKS. Savings off distributor's suggested price. Books delivered in no more than three business days. Some restrictions apply. See site for details. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-02-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 14.02.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/14/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/07697df820eb0bb1076c8bdef79fe8e4.pdf 63cd01b2cd12d5e09fdec8da909152f0 PDF Text Text Vol. 51, Issue #6 THEOPINION STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOL OFLAW MARCH 1,2000 SBA Agrees To Fund IP Journal The Student Bar Association has agreed to give the new intellectual property journal $1,000. The move followed heated discussion at the February 23"* meeting concerning the merits of funding an organization which had only been officially recognized two weeks before. The SBA's decision to provide more than token funding serves to advance the Journal's goal ofpublishing it's first issue by the end ofthis semester. The IP journal had sought, and received official recognition at the SBA's February 9* meeting. At that time,the SBA had approved recognition 17-0, with one abstention. However, immediately following the vote, the Journal asked the SBA to support it's request for $3,500 in funding. The motion was briefly considered but was quickly tabled when it became obvious there were many questions concerning the requested amount. The IP Journal's projected budget indicated that it would cost $8,730 to purchase the necessary equipment and to publish a Spring 2000 edition. The Journal explained, however, that it did not need to receive this whole amount from the SBA in order to publish. The Journal's members explained that they have been extremely successful in securing private funding commitments through donors such as Hodgson, Russ, Andrews, Woods & Goodyear. These donations would serve to cover many of the Journal's costs. Thus, the SBA need only fund a portion ofthe Journal's costs in order to make the task of starting a journal from scratch a reality. Though the cost is lower than it would have been without private funding, the SBA has traditionally has offered new groups only tokenfunding in their first year of existence. This amount, usually 50 or 100 dollars, gives an organization enough funds to operate until the members can prove its viability to the SBA. As executive board member Mary Snyder explained, the SBA is, in effect, investing in the clubs and organizations which it supports. The SBA wants to be sure that the group will be viable before investing by committing funds to it's aims. The funding issue was taken off the table and reconsidered at the SBA's February 23'd meeting. Although there was great interest in discussing the issue, arguments were limited. Total time for discussing the issue was limited to five minutes within which any given class director was only allowed one opportunity to raise points or concerns. Despite these constraints, arguments were spirited as the class directors and officers exchanged their proposed funding levels. Some SBA members expressed concern with breaking away from the tradition of granting only the small start up funding until the Journal had proven itself. Some seemed to be concerned merely with breaking from tradition and setting a pre(Continued on Page 4) Black Law Students Host Visiting High Schoolers by David Allen '01 Last Friday three dozen juniors and seniors from several Buffalo high schools had a close-up view of what it's like to attend law school. The students, from Bennertt, Kensington, Riverside, South Park and Grover Cleveland High Schools, visited UB Law February 25 during a daylong program co-sponsored by the Black Law Association and UB Law. "It's a community outreach program," said BLSA member Steve Smith '01, who helped organize the program. During the visit, the 36 visitors, interested in pursuing a legal education, took a sample Law School Admisstions Test and attended a lecture on hearsay from UB clinical Associate Professor Charles Carr. They also attended a question-and-answer panel consisting of five UB Law graduates. "It's gone great. They've asked insightful questions, and seem very interested," said Smith. Future law students listen to a lason in hearsay during a Feb. 25 visit to UB law. Barrister's Ball Ticket Sales End Friday The annual Barrister's Ball will be held Friday, March 31. According to planners, this year's ball will be the best yet Think of it as your senior prom, with booze and smarter people! This year's Barrister's Ball will be held from 7 p.m midnight downtown at the Hyatt Grand Ballroom. The Hyatt is about a block away from Chippewa, so after the ball, studnets can continue the festivities.Tickets will cost $27 per person. UB Law students oin take advantage of a special rate of for $79 a rooom at the Hyatt. "This discount is given so everyone at the ball can party without the worry of a DYVI." said SBA Parlimentarian Mary Snyder. Cocktail hour starts at 7 p.m. with a top-shelf open bar. As is tradition, the bar will be closed during dinner which begins at 8 p.m., it will reopen at 9 p.m. for the rest of the evening. This year's food choices are .sirloin tips, chicken picatta or vegetable For dessert,indulge in cheesecake on a rasberry choio j| late covered plate. The Disc Jockey is scheduled to begin playing music after dirinei, from about 9 p.m. until midnight, but attendees are wel» coined to dance if they feel inspired at anytime during the evening. This year's DJ welcomes requests, so if you have some favorite songs, feel free to bring your own favroite CD's. Tickets went or sa!e Monday, Feb, 21, and will continue to be sold until Friday, March 3; they can be purchased daily h| front of the SBA office from 9 a.m. until 5 p.m. Those planning to attend need to purchase their tickets tajr this Friday because,:; the Hyatt needs advance notice of the head count. Questions regarding the ball can be directed to Snyder in the SBA office. , UB Professor Finley Honored at Celebration of Women in the Law by DavidAllen '01 UB Law Professor Lucinda M. Finley was among 10 pioneers honored last week during Western New York's first Celebration of Women in the Law luncheon. The event, sponsored by the Eighth Judicial District's Committee on Women, is an effort to celebrate Women's History Month. The Committee has established a 'Hall of Fame'of women in the WNY legal community who have made outstanding contributions to the bench, bar, legal profession and the community at large. "I am deeply honored by the recognition of my peers," she said. "To berecognized by one's peers is the greatest honor I can achieve as a lawyer." At ÜB, Professor Finley teaches and researches areas in tort law, women and the law, reproductive rights, employment discrimination, and first amendment and equal protection law. She is director of ÜB's Women's Law Journal, as well as the Gender, Law and Social Policy Program of the Baldy Center for Law and Social Policy. She helped create the law school's legal research program in legal research and writing, and served as its Director for its first three years. An internationally recognized scholar in the fields of tort law and woman and the law, she frequently testifies before the United States Congress and the new York Legislature on several issues. The Professor was also the first woman lawyer to argue a case before the U.S. Supreme Court. In 1996 she successfully represented WNY health clinics and the Pro-Choice Network ofWestern New York in Schenck v. Pro-Choice Network, a First Amendment case involving the limits courts may place on demonstration activities by anti-abortion protestors. She also was part of the only father-daughter team to appear before the Supreme Court, litigating a 1991 case involving the taxability of Title VII employment damages in U.S. v. Burke. A Phi Beta Kappa graduate of Banard College and an honors graduate of Columbia University Law School, Professor Finley taught two years at Yale Law School, and was an adjunct professor at Cornell Law School before joining ÜB. She is also active in the Buffalo community, on the board of directors ofhallwalls Contemporary Art Center and the Buffalo Equestrian Center. She also works closely with Planned Parenthood of Buffalo and Erie County an their Reproductive Health Access Committee. "I am grateful that UB Law and the Western New York law community value community service in addiion to professional service," Professor Finley (Continued on page 4) �THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and GraphicsEditor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to theabove address, or placed in the Opinion mailboxlocated in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: whiletheOpinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a memberof the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. EDITORIAL GUEST Big Money and Politics By Pete Nicely '01 Passage ofH.R. 2366 came nine days after the February 7 issue of Time Magazine ran a cover story entitled " How the Little Guy Gets Crunched". The cover featured the image of a huge well-healed foot with a dollar sign on the sole about to trample six tinypeople scrambling for safety in a green field. The cover caption read " Big Money & Politics: Who Gets Hurt." The article contained an account given by a State Official who told of how a Congressman refused to speak with him when the Official told the Congressman that he was not there to make a "political contribution ". The story tellsabout how Washington politicians are for sale to big-money lobbyists and interest groups. This is thepessimistic view ofhow ourpolitical system works. Unfortunately, the view is widespread. H.R. 2366 (see story on page 4) would restrict punitive damages against small businesses to cases of "willful misconduct",cap punitive damges against small businesses, eliminate jointand severalliability, and heavily restrictproduct liability against sellers, renters and leasers. Ifapproved there, the Bill wouldthen go to President Clinton to be signed into law. Passage by the Senate is verypossible, but the President would most likely veto any such legislation that comes before him. It is unfortunate because there is no more effective way for various interest groups to influence their elected representatives. Elections cost money and each group organizes and raises funds to help their representative win. The more reps you have the more likely your group is to gel favorable legislation passed. Unhealthy problems can arise though if groups with more money but fewer members can exert more influence on lawmakers. That may or may not be what is happening with this legislation. It is unclear why a Conservative Congress so concerned with States rights would suddenly pass legislation that is so contrary to their formerly expressed intentions. H.R. 2366 is similar to tortreforms passed by Governor George W. Bush Jr. in the State ofTexas several years ago. The biggest benefactors of that legislation have been insurance companies which have not lowered their rates since the reform was passed (even though their payouts where dramatically reduced) and, of course, businesses. The full impact on those who are unfortunate enough to suffer an injury in the Stale of Texas is yet to be seen. Since it is now easier for businesses to get away with harmful behavior there, it is likely that this group ofinjured individuals is now growing in number. If Clinton vetoes this legislation, George W. Bush (if he is nominated as the Republican Party candidate for President), will begin to throw what is surely a well polished tort " reform " curve ball. IfBush is elected and ifthe Republican's maintain control of Congress, then the many may be at the mercy ofthe few because many are too apathetic to participate in the governmental process. March 1,2000 LetrsE hoe ditor To all members of the Campus Community: Students typically encounter a great deal of stress (academic, living arrangement, family, work, financial) during the course of an academic year. For some, the pressures become overwhelming and feel unmanageable. The purpose of this letter is to help you identify both the less obvious and the more dramatic signs of emotional distress and to suggest how you might be ofassistance to students. Among the signs of more serious distress are: *Actual self-harming (cutting; taking an overdose of medication, drug or toxic chemical). *Attempting to harm one's self (climbing out onto a window ledge or the roof). *Talking to others about killing one's self. * Leaving a suicide note. *Aggressiveness in dealing with the environment(slamming doors violently, one's fist to break a windoew or hit walls, throwing and/or breaking of furniusing ture). *Aggressiveness toward others (screaming, threatening, insulting, actual physical attack). These signs of serious distress should be reported to the university Police (ext. 2222) without delay in order to ensure the individual's safety. If the student resides in the residence halls, his/her Hall Director or the Office of Residence Life (645-2171) should also be notified. Some less obvious behavior that may function as signals that a student may be feeling more anxious or depressed than usual are the patterns of coping described below. *Social participation (person either becomes significantly more dependent on your time and attention or withdraws from usual participation and becomes relatively socially isolated). * Appearance (a usually neat person becomes careless in terms of hygene and/or dress). *Class attendance (person either becomes significantly inconsistant or stops attending classes.) *Energy (unusual fatigue or inexplicable bursts of activity which may or may not be productive). *Mood (unusually irritable, restless, sad). *Alcohol/substance use(occasional drinker/user engages in the activity with significantly greater frequency and/or the amount consumed per usage increases significantly). *Extreme weight loss/gain. You can be of assistance by encouraging the person to contact one of the following services: Counseling Center, 120Richmond Quadrangle, Ellicott Complex (645-2720). To schedule an appointment, phone or walk-in weekdays 8:30 AM to 5 PM. Services are free, voluntary and confidential. Crisis Services, Inc. (834-3131). An off-campus, daily, 24-hour telephone hotline; if necessary and appropriate Crisis Services' Emergency-Outreach Unit can come to campus for evaluation ofrisk to self or others. The Office of Academic Advisement. Academic Deans and other offices provide assistance for academically related problems. Their names and numbers can be found in the University Directory. If you have concerns about someone, call the Counseling Center (645-2720) and consult with the counselor on duty. Remember: It is better to obtain assurance that a perceived problem is not serious than not to call at all. Yours truly, The Staff of the Counseling Center ADVERTISE IN THE OPINION 645-2147 �March 1,2000 THE OPINION 3 UB Hosts Mugel Tax Moot Court ByPeterDeWind'OO Judges. Judges on the final day of competition included Anne Dils, clerk to US Tax Court Judge Thornton, Professor Sharon Stern Gerstman, Professor Kenneth Joyce, Sherman Levely, Esq. (Rochester), Federal Magistrate Jonathan Feldman, Professor Louis DelCotto, John Steele (retired IRS District Counsel), and United States Tax Court Special Trial Judge John Pajak. The Mugel competition benefitsthe school by giving UB national visibility in tax and advocacy. It also is the means by which the Board's associate membership, selected in the fall semester's Desmond competition, earn their full membership and learn the intricacies of running a competition from 3L's Dana Lundberg and Kelly Phillips, who put dozens of hours into organizing the competition. The competition also gives law students an opportunity to come together socially as well as competitively. Post round get togethers were held at Thursday at the Calumet and Friday at Soho giving visiting teams and coaches the opportunity to see the Chippewa nightlife. This competition ended with an award banquet held at the downtown Hyatt. to act as The University of Maryland School ofLaw walked away with top honors in the 2000 Albert R. Mugel National Tax Moot Court Competition held this past weekend. This years competition, put onby theBuffalo Moot Court Board, saw the largest field of competitors in it's history. Nineteen teams, comprised of two or three competitors each, descended upon Erie County Court to compete in the annual competition. The teams hailed from thirteen National law schools including Buffalo which fielded two teams. The competition tests the team's written and oral argument skills with a complex taxation problem. This year's problem asked whether the proceeds of a lawsuit should be considered regular income or a capital gain when purchased from a parent company by it's fully owed subsidiary. The technical and challenging question was created by ÜB's own Professor Ken Joyce who also served as a Judge in the competition's final round. Competitors submitted written briefs on the problem before arguing in preliminary rounds on Thursday, February 24lh and Friday, February 25 th The top scoring teams then . moved on to the semi-finals and fi- nals which were held Saturday morning in County Court chambers. The preliminary rounds were scored by panels made up of local attorneys who volunteered their time OVERALL COMPETITION: Ist Place University of Maryland School of Law (Michael Lloyd - and Lisa Ladner) 2nd Place University of Alabama School of Law(Bert Amason and Davis Smith) Semi-Finalist Michigan State - - University - Detroit College ofLaw (Jill Harding, Erin Reedy, and Ryan Mattson) Semi-Finalist Brooklyn Law School (Gabrielle Pak, John Pokorny, and Joseph Lucosky) BEST BRIEF: Ist - Northern Kentucky University, Chase College of Law (Brock Denton and Hugh "Trigg" Mitchell) 2nd - Louisiana State University School of Law (Jamie Joiner, Pamela Shultz and Wade McKnight) 3rd - Widener University School of Law (Pennsylvania) (Jamie Baron and Matthew Williams) 4th Brooklyn Law School (Gabrielle Pak, John Pokorny and Joseph Lucosky) sth TIE Syracuse UniverSchool of Law (Mimi Moon, sity Michael Sim and Michael Cirone) University of Maryland School of Law (Michael Lloyd and Lisa Ladner) - - - - BEST ORALIST: Ist - Michael Lloyd - University of Maryland School of Law 2nd Charles Blomquist University of Baltimore School of Law 3rd - Stephanie Hahn Quinnipiac College School of Law 4th Erin Reedy Michigan State University - Detroit College of Law sth Joseph Lucosky - Brooklyn Law School - - - - Commencement plans announced Former UB Law Professor Thomas Buergenthal will present the keynote address during commencement exercises, the Law School's Commencement Committee recently announced. Commencement exercises will be held May 14, at 5 p.m. in the Center for the Arts. Buergenthal, currently a law professor at George Washington University, is currently vicechairman of the Claims Resolution Tribunal for Dormant Accounts, and was recently nominated by the United States to serve out an unfinished term on the International Court of Justice. The university plans to give Buergenthal an honorary Doctor of Law degree during the ceremony. The committee also announced other speakers, including student speaker Anthony Pendergrass and faculty speaker Betty Mensch. Susan Burch will sing the national anthem. For students participating in the commencement ceremony, March 15 is the last day to be measured for caps and gowns. Graduates can rent caps and gowns from BPILP to help support the group's Equal Justice Summer Fellowships. Important dates for graduating seniors are posted next to the R&R office on the third floor of O'Brien Hall. Business Review seeks submissions The Buffalo Business Review is seeking submissions of articles or manuscripts for publication it its Spring 200 issue. The articles should range in length from 1-20 pages or up to 25,000 words and can include graphs, charts, or any other appropriate visual aids. The deadline for submissions is March 15. The articles can address a breadth of businesses from the large corporation to the single entrepreneur and can touch on all the aspects of the business environment including financial, organizational, legal, technological and humanresource issues. Articles dealing with issues that are pertinant to business and economic factors in Western New York are encouraged. The articles should be typed in Microspft Word 6.0 or 7.0 or a compatible program. Any charts, graphs, or other visual depictions should be included in the document (and on the disc version) when it is submitted. Please include your full name, office address and a phone/fax/email where you may be reached. When submitting publications Buffalo Business Review, you to the a must include hard copy version and a final saved version on a 3.5 inch IBM-formatted disc. Both the hard copy and diskette will be returned to you if you include the necessary envelope and postage. Submissions may be sent by email to scudder@acsu.buffalo.edu as an attached Word document that conforms to the above specifications. If you choose to submit your document via email, a hard copy also must be sent. The address for submission is Brion A. Scudder, Buffalo Business Review, State University of New York at Buffalo, School of Management, 316 Jacobs Hall, Buffalo, New York 14261. YOUR AD HERE 645-2147 H I Cochran visits UB By DavidAllen '01 The violent bigotry ofthe mid-20th Century has been replaced with a more subtle, insidious "new bigotry...more far-reaching than ever before," said famed attorney Johnnie Cochran during a recent visit to the University at Buffalo. Cochran, who's high-profile client list includes Simpson, Michael Jackson, Reginald Denny and thia Wiggins, visited UB Feb. 16 to present the keynote addrss at the Annual Martin Luther King, Jr. Commemoration. "There is stillracial injustice. It's not Jim Crow, now it's Jim Crow Jr.," he said. During the commoration, presented by UB and the James Fenton Lecture Foundation, Cochran discussed influence ofmedia on ; relations. "I believe the media plays a great role in shapracial perceptions," he said. Cochran, named Lawyer ofthe Yearby the National Law Journal in 1995, is a member ofthe prestigious International Academy ofTrial Lawyers and the American College ofTrial Lawyers. His autobiography, "Journey to Justice" , was a national bestseller. He is a graduate ofthe University of California at Los Angeles and Loyola Law School. He servedas deputy city attorney for the City ofLos Angeles before founding his own law firm in 1965. In 1977, Cochran became the first African American to be named one of three deputy District Attorneys in the city. He returned to private practice in 1981. No stranger to the media - the Simpson trial was covered gavel to gavel on cable television Cochran the media often fails to protray minorities in a light. "Blacks are more than NBA players and entertainers, and must be portrayed as such in the media," he said. "Based onthe images we see, you would think that black people were the only ones using crack coaine. Statistics don't bear that one out." Cochran's analysis was not all negative he said he was pleased with the local coverage given a local case he litigated in Buffalo last fall. In that wrongful death suit, he represented the family of Cynthia Wiggins, a 16-year-old Black teenager who was run over and killed while trying to cross a highway onher way to her job at the Walden Galleria. The family accused the mall's owners of denying mall access to busses picking up passengers from the Wiggins' largely minority neighborhood. At the beginning of the trial, which was later settled, local media dwelled on the fact that the jury pool overwhelmingly consisted ofCaucasions. "There were 95 jurors from Buffalo. Five were African-American, and the five were pretty soon gone. There was no one left who looked like Cynthia Wiggins or myself," he said. It's not just about color, he said; "It's about life experience." The heavy coverage ofthe jury makeup has led to the formation ofa 'blue-ribbon' committee to look scarcity ofminority jurors. It is led by an AfriAmerican judge. "All we want...is a fundamental amount offairness," he said. He also praised the local news media three of Buffalo's televisions are led by African-American general managers. "Real change can only come through by starting dialogue. For all that devides us in this country, there is much more that bonds us," he said. Cochran's visit was sponsored by the Buffalo X R k I - — Ye Association ofBlack Journalists. — �March 1,2000 THE OPINION 4 House narrowly passes tort reform bill By Pete Nicely '01 On February 16, 2000, the U.S House ofRepresentatives narrowlypassed House Resolution 2366, the " Small Business Liability Reform Act". See WL 1999 CONG US HR 2366. Republicans introduced and supported the Bill and Democrats opposed it. Seventeen Republicans broke lines and voted against while twenty-three Democrats voted for it. The Bill now goes to the Senate for a vote. If approved there, the Bill wouldthen go to President Clinton to be signed into law. Passage by the Senate is very possible, but the President would most likely veto any such legislation that comes before him. This Bill would restrict punitive damages against small businesses to cases of" willful misconduct", cap punitive damages against small businesses, restrict joint and several liability, and restrict product liability against sellers, rentors, and leasors. Title I of the Bill, " Small Business Lawsuit Abuse Protection", is based on Congressional findings that: 1.)the current civil justice system effects interstate commerce by decreasing the availability of goods and services in commerce; 2.) the " legal system" is irrational, uncertain and unfair; 3.) " the spiraling costs of litiga- SBA funds new IP journal (Continued from page 1) cedent which future start up groups could point to when seeking to get a new organizationstarted off in full swing. Others, however, seemed concerned with overfunding a groupwhich had not yet established a long term track record. This latter argument seemed to focus up a concern thatthe Journal would not use all of the money allocated to it. Proponents of this view frequently pointed to the Opinion as a prime example of a situation in which an organization was granted fund- ing based upon a proposed budget plan which was later abandoned. 3L class director Peter DeWind attempted to distinguishthe two organizations by pointing out that unlike the Opinion, the Journal enjoys a wealth'of student interest and has ensured its continuity ofleadership by being composed primarily of 1 and 2Ls. The Opinion's budget, on the other hand, had been based upon a speculative proposal as the current staff were graduatingand no future editorial boardexisted to follow their proposed budget in the following year. The IP Journal would not be graduating its staff at the end of the year. Others pointed out that the group had already been quite successful in private fund-raising, a factor which the SBA looks to in determining future funding levels. Further, that there was nothing the Journal could prove at budget time, some two months away, that could not be proven at the present time. In other matters, the Board approved additional funding for a "Well-ness Day" proposal from the Domestic Violence Task Force. The DVTF proposal called for a six hour self-defense techniques workshop to be offered to the student body in the coming weeks. Discussion focused around the DVTF's remaining budget and how this program will benefit the Law School's student body. tionand the magnitude and unpredictability of punitive damage awards and noneconomic [sic] damage awards have continued unabated for more than thirty years"; 4.) the Supreme Court has recognized that some punitive damage may be unconstitutional if it grossly exceeds the government interest in deterring unlawful conduct; 5.) joint and several liability can also be "grossly excessive"; 6.) small businesses are often involved in lawsuits where their actions had little or nothing to do with the injury and they therefore may have unjust costs due to the possibility of unfair damage awards; 7.) these costs are acute since small businesses often lack the resources to challenge unwarranted lawsuits; 8.) the current system raises small business insurance costs on the interstate market; 9.) this reform willpromote free flow of goods and services in interstate commerce and decrease litigiousness; and 10) Congress has the power to enact this legislation under clauses 3,9, and 18 ofArticle lof the U.S. Constitution and under the 14" Amendment to the U.S. Constitution. // the Bill passes into law it could very well withstand judicial scrutiny under the Commerce clause. Though the purpose ofTitle I can be inferredfrom these " findings", there is no stated purpose for this Title of the Bill. Title I would prohibit punitive damages against businesses with twenty-five or fewer employers unless the trial court has determines that" clear and convincing evidence" shows the defendantinjured the plaintiff " through willful misconduct or with a conscious, flagrant disregard to rights orsafety." In those cases where punitive damages would be allowed, damages would be limited to three times compensatory damages or $250,000, whichever is less. Courts will be directed to " determine the percentage of responsibility of each person responsible for" injuries, thus restricting joint and several liability by requiring plaintiffs to recover separately from each tortfeasor. The act wouldapply to all States and would preempt any State law not consistent with the Act. The Act would not apply to injuries resulting from violent crime, international terrorism, hate crime, sexual offenses, or civil rights offenses. It would not apply to actions for injuries brought under the Oil Pollution Act of 1980 or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Nor would it apply to cases where the defendant was intoxicated by alcohol or drugs or where the action is brought by the United States against individuals for acts of fraud, false statements or false claims. , The significance, utility, or efficacy ofthe number twenty-five is not statedand it is not readily apparent why twenty-five employees should be the cut-off-point. Title II of the Act, " Product Seller Fair Treatment", is based on findings that: 1.) though product liability actions may encourage safer products they may also raise prices and directly effect interstate commerce; 2.) product liability rules oflaw are inconsistent among the various States and may be inequitable to parties involved in litigation and may "impose burdens on interstate commerce;" 3.) product liability may effect the " well-being" of small businesses; 4.) product liability laws of one State may adversely effect other States so it is appropriate for Congress to institute uniform laws that preempt State law; and 5.) Congress has the power to do so under clause three, section eight, of Article I of the U.S Constitution. The stated purpose of Title II is to "promote the free flow of goods and services and lessen the burdens on interstate commerce by establishing uniform legal principles" and "reducing the unacceptable costs and delays in product liability actions caused by excessive litigation ...". Basically, Title II would practically eliminate product liability suits against product sellers and limit liability of product rentors and leasors. Finley among WNY lawyers honored (Continued from page 1) said. Also honored at the luncheon were: *The late Hon. M. Delores Denman, who was Presiding Justice of the Appellate Division, Fourth Department, from 1991 until shortly before her recent death in January. She was a 1965 graduate of UB Law School. *Charlotte Smallwood Cook, a trial lawyer in her 53rd year ofpractice. A 1946 graduate of Columbia University Law School, she became New York's first woman District Attorney when she was elected to the position in Wyoming County in 1950, at the age of 26. *Ann Evanko, the first woman admitted to membership in the law firm Hurwitz and Fine, P.C.. She is now vice president and a member of the management committee. *Constance Eve, Chairperson and founder ofWomen for Human Rights and Dignity, Inc, a not-for-profit human services organization. She and her husband, NYS Assembly Deputy Speaker Authur Eve were awarded the 1999 National Conference for Community and Justice Citation Awards. * Maryanne Saccomando Freedman, the first woman president of both the New York State Bar Associatoin and the Erie County Bar Association. A UB Law graduate, she has been honored with the NYSBA's Ruth G. Shapiro Award and was the Erie County Bar Association's Lawyer of the Year. *Marjorie Girth, a facultymember at UB Law from 1992-96, serving as Associate Dean from 1986-87. Currently a professor at Georgia State university, she won several awards while at ÜB, including the school's Outstanding Faculty Award. *Hon. Jacqueline Koshian, a Justice of the New York State Supreme Court since 1986. A 1959 UB Law graduate, she has received the Distinguished Alumni Award from the UB LAw Alumni Association and an award for community service and professional achievement from the Niagara Falls Bar Association. *Denise O'Donnell, a founding member of the local Women's Bar Association. A 1982UB Law graduate, she has distinguished herself within the U.S. Attorney's Office ofthe Western District ofNew York; she was nominated by President Clinton as U.S. attorney in 1998. *Hon. Rose Sconiers, a New York State Supreme Court Justice. A 1973 graduate of UB Law, she has served as Executive Attorney for the Legal Aid Bureau of Buffalo, Inc. and as Assistant Corporation Counsel for the City of Buffalo. ADVERTISE IN THE OPINION 645-2147 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-03-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 01.03.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b30cff58b08f2135abca9017db8ab4e5.pdf 77f0d95cab3ebd91462428be1d168ac4 PDF Text Text Vol. 51, Issue #7.5 TO HE NION STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW APRIL 1, 2000 SBA Swamped with Recognition Requests As some on the SBA feared, the SBA continued it's club recognition mania this past week as it recognized a slew of new clubs, organizations and journals. The mania follows the SBA's recognition of the Buffalo Intellectual Property Law Journal at which time fears were expressed that even more organizations might have to be recognized mid-year as a result ofthe precedent. News ofthe precedent raced through the school. Said one student, "I've been waiting for something to join, but everything was already full. This gives me the opportunity to start my own club". Appli- cations for student involvement opportunities began to trickle into the SBA offices and quickly became a torrent. "I guess people just wanted clubs that reflected their own interests" said one 2L. "People are really sick of not having enough clubs to join which further their interests". The first application to be received was for the Alcoholic Law Society. "Afterall, we have some of the highest alcohol abuse rates of any profession" said the founder, who also wished to remain nameless. "Why not have clubs which do what I want to do and prepare me for my professional future. There just aren't enough opportunities in the classroom to practice law while bombed". Soon thereafter, however, the real torrent began with individuals asking to be recognized as an individual club. Said the founder of the Buffalo People Named Ashley Who are Welsh-German Descendants Law Journal (BPNAWAWGDLJ) it "This Journal is very hard to get into shouldlook great to future employers, plus I get to be the editor in chief. The SBA has been considering the ramifications of allowing students to set up their own personal club. "How better to get each person the recognition they de- ... New fall courses to be offered The Opinion has uncovered the following list of new course offerings to be taught in the fall 2000 semester: Law 695 OffTopic Rants. Class will be offered in a traditional lecture setting but will operate like a seminar. Students will be afforded frequent opportunities to use classroom time to vent pet peeves and issues under the guise of discussion. Grading will be based on the student's ability to return to the pet topic time and again regardless of the lecture topic. Extra credit for topics which do not feature moral orracial indignation. Law 822 -PI Practice. Many students will not go to work for large firms. This class helps prepare these students for the type of work which remains open to the independent lawyer. Students will work a slip and fall case from start to finish. Grading will be based upon the student's ability to avoid judicial resolution. Topics to be covered include: techniques for drafting threatening letters; the burdensome discovery request; unsound science/ specious mass tort claims; and billboard advertisement campaigns (featuring guest speakers Celino & Barnes). Law 854 -Academic Masturbation. Students will gaininsight into the worldof legal academia as have the opportunity sit idly by and watch the professor engage in three (3) credit hours of selfthey interested exploration. Topic will be chosen by the professor and will be purely academic, have no future use and will not included on any state bar exam. Grading will be based on student's ability to feign interest and the degree to which research furthers the professor's understanding ofthe subject. Law 876 -Advanced Q Minus. Description to follow. See professor for acceptable pre-requisites. Law 898 Large Firm Practice. Hands on course teaches students to practice under the special demands found only in the large firm environment. Students will experience lack of identity, sleep, food, dignity and learn to tolerate screaming and insults. Location Note: class to be held at the Paris Island - - location. serve," says an SBA director who did not want to be quoted. Some students, however, claim that this sours the prestige of other organizations. Said one journal member: "What goodis all thiswork ifit doesn't make me look better than others? I'm not cite checking articles justfor giggles." Others have objected to the affect this might have on money for SBA-sponsored beer parties. However, many find no problem with the arrangement. Said one 3L: "Hey, if you can set up a personal corporation for tax purposes, why not a personal club for recognition and resume purposes? At least people are getting involved." Asbestos clinic to open This past week, UB Law announced plans to open an asbesclinic. The clinic is to be located in the basement offices, to be created as part ofthe moot court and basement renovation project. It is expected that students and community members will be afforded an opportunity to study the effects of asbestos exposure firsthand. "Just look at all this asbestos going to waste," said one source close to the issue. "Instead of just sitting onthe pipes and in the walls, we could be using it as a teaching tool. It's white gold". The clinic is expected to fit in with other clinics on the campus by improving the school's national profile. As one student put it, "Lawyers have made lots of money offasbestos suits, just think of how that could translate into alumni donations". The initiative is yet another example ofthe school's efforts to turn it's previously hidden flaws into assets by portraying them in the best light possible. "We just call it something cool and presto, it's something we can put in our promotional literature". A recent example was seen in the library's decision to rename it's book collection a 'historic archive.' Said a source close to the library, "We just accentuate the positive, no one has to know our administrative law collection is 30 years old." One student commented "I guess it's no different than calling Perspectives alesson in ethics orreferring to room 104 as the moot court room". "We have a long tradition ofrenaming" said one student "just look at how we renamed the nomination of the graduation speaker as an 'election.'" tos UB Law Plans Self-Study Curriculum In a groundbreaking move, the University at Buffalo Law School will implement a complete self-study curriculum this fall, school administrators have announced. Beginning with the fall 2000 semester, law students will have little or no contact with faculty members, receiving assignments and feedback over the Internet or from teaching assistants, said Prof. Peter Pitegoff, Dean ofAcademic Affairs. "Our studies have shown that interaction with teachers have little impact on a student's learning experience. This move will also allow students to work at their own pace, without the interruption of classes," Pitegoff said. The move, modeled after programs the Carribean and several third-world in countries, is the first of its kind in the United States. Administrators decided to revamp the program at therequest offaculty members, who have increasingly complained that the burden of teaching has interfered with their own academic research. "I was so bogged down with grading tests in January, I missed the deadline to submit changes for an article that had been accepted for the University of Wisconsin Law Review's spring edition. Now it won't go in until the fall," said one pro- fessor, who wished to remain unnamed. "I'm lucky I've been here as long as I have. If this happened to a new professor, it could get in the way of making tenure." According to UB Law's faculty guidelines, a professor's primary responsibility is to publish and maintain a high academic profile. "As much as possible, they try to fit in teaching responsibilities, but the students are starting to just get in the way," stated a school press release. "We have to strike a balance." Administrators agree that opportunities to study outside ofa classroom are growing. Several classes already provide materials via a computer web site, and Lexis and Westlaw are readily available. Where books and online materials fail, several teachers have hired research assistants to ease the burden. The school has also begun amassing a large collection ofvideos to givethe enliven thelearning experience. "The Barßri collection should be sufficient to guide students through law school unscathed, but we will also have the complete Grisham collection to bring the academic learning to life," stated the press release. Like faculty, students are looking Starting next year, UB Law students will be able to download learning materials, such as the above moot court footage. forward to the change. "This is going to be an exciting challenge," said third-year student Peter DeWind." Let's face it. We already have access to all ofthe materials and training we need. Between computers, law reviews, moot courts, alumni mentors and local courts, we're all set. The faculty is stsarting to just get in the way." �Vol. 51, Issue #8 THEOPINION APRIL 1, 2000 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OFLAW Faskin Moot Court Team Wins By DavidAllen '01 UB Law's first-year international moot court team took first prize last week at the Fasken Martineau DuMoulin LLP First-Year International Law Moot competition. The nine-person team brought home the top team trophy from the competition, held March 24-25. Team member Yolanda Asamoah-Wade also earned honors for best oralist. "Thefirst-year team did an outstanding job. Each and every one worked their hearts out," said coach Andy Zakrocki. He said the team practiced three to four hours a day, six days each week, in the month leading up to the competition. The UB Law School team annually competes in the competition, which has been held for the past 13 years. Team members included AsamoahWade, Sheri Crosby, Paul Bradnicki, Patrick Radel, Paige Junker, Megan Griffin, Danita Mendez, Amy Weiswasser and John Lazenby. They, and several others who competed in team tryouts earlier this year, will be invited to become associate members of the Jessup Moot Court board. Teams representing six law schools, including Syracuse, Cornell, Osgoode Hall Law School, University of Toronto and Queen's University took part in the competition. The competition surrounded a hypothetical conflict between two mythical countries over the development of a vaccine for a deadly, contageous disease, and the international human rights issue surrounding the related arrest of a medical consultant. The contest, held each year in Toronto, is sponsored by Fasken Martineau DuMoulin LLP, a Canadian law firm with an active international law practice. In hosting the competition, Fasken Martineau DuMoulin provides an opportunity for moot court members in both Canada and the united States to meet and compete in an informal setting. Members of UB First-Year International Moot Court team celebrate after their victory at the Fasken Martineau DuMoulin competition March 24-25. UB Law contemplates changing grading system UB Law administrators are considering changing the school's grading system. Last week, Professor Pitegoff, Vice Dean for Academic Affairs, announced that UB Law's Academic Policy and Planning Committee will recommend shifting the school's grading system to a more traditional process, withA's, B's and C'sreplacing H's and Q's. He presented the proposal to the Student Bar Association. "I think the time is right," said Pitegoff. "The rationale is for a clearer system that will assist students in job placement, coupled with our increasing national reach in career services, and in part a response to hiring partners and other employers (expressing a ) preference for a grading system they understand. "As a practical matter, it will really help in career placement." He indicated that while local employers are well versed in the school's current grading system, those outside of the local area are often baffled by the system ofQ'sandH's. The Academic Policy Committee intends to bring the proposal to the faculty for its approval in the near future. If approved, the grading system would most likely begin with this fall's incoming class. H's and Q's would continue to be given to current students. Under the proposed system, A's would be roughly equivilant of H's, B's would be equal to Q+'s and Q's, and a C would equal a C. Unfortunately, D's and F's will stay the same. Student Bar Association directors list dwindling by David A lien '01 For the fourth time this year, the UB Law Student Board Association has declared vacant a director's seat. During its March 22 meeting, the SBA effeectively removed a second-year director after a series of unexcused absences. The move follows the removal of three third-year directors earlierthis school year, also for excessive unexcused absenses. "We've made ample attempts" to schedule meetings that fit directors' schedules, said SBA President Vince Gregory, acknowledging that students, particularly third-years, are often overwhelmed with work respsonsibilities, schoolwork and bar exam preparations. Gregory also noted that several thiidyear directors were filled with write-in votes, not by people actively seeking board seats. The first vacant seat was filled by third-year student Peter DeWind near the end of the fall semester. SBA members, noting that the there are only one meeting left, say there are no plans to fill the other seats, which were vacated only recently. In other business, the SBA: *Announced that the board will not sponsor a 5Krun this coming year. 'Announced that elections for the SBA executive board will be held April 5 and 6. *Heard a report from Barristers Ball Committee Chairman Mary Snyder, announcing that sales for this year's ball, to be held March 31, have outsold recent years' sale by nearly 200 tickets. *Approved a $900 funding increase for the UB Law Human Rights Law Review. The money will be used to help the group switch publishers. *Voted to give $325 to a group of students competing in a softball tourna- ment in Virginia this month. The money will be used to cover registration fees for the team, which will represent UB Law School. SBA President Vince Gregory cast the deciding ballot on the resolution, breaking a tie vote. Shouting match disrupts SBA meeting ByDm*AU&t VI fi)£y wtf?3 Atricefi*Atncri • 3fhlHdwki 05 biid bt?tJft cut meeting last week, after an atgumeat ova a Softball team's funding reqoest spiiated into several shouimg matches and & near-fistfiiiht, leading to charges filed with campos jiolice Hips ;- m<3 involved v 111 The mclc occured daring the SBA's Maicb 22 meeting, after team representatives answered questions about us selection process. The team, traditionally formed by a loosely-knit groap of third-year seniors, kad sought $925 from the board to cflrnpete in a Chariottesviiie, Virginia, tournament. The SBA eventually granted tfec team $325 to cover registration fees. The debate over tne team *s selection procedure centered an two piayejrs tbird-yeiii students Aataony Pe»dergrass and David Hawkins who bad been dtopped ftoro the team- Tearo tepresejitsauves clairoed the paif were dropped because they -- , shiwld be commoa sense SliVdfcf Silk:. ;. - . . - doa't yell and curse at anyone." : - : : paint funding requests raust be approved by a 2/3 vote. ttean of Student Sen-ices Meimda Saran has met with st\i ral nt'ihost involved the sttuafion. in the inuJcnt man rfioU -.....;■ �April 1,2000 THE OPINION 2 The Opinion Commentary Accusations of Racism Strike A Nerve Co-Editors in Chief: Peter DeWind & Dave Allen Managing Editor: Jared Garlipp News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and GraphicsEditor; Business Manager; Web Editor; Photographer;Reporters; Columnists. The Opinion, SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at theOpinion offices, sent by mail to the above address, or placed in theOpinion mailbox located in theSBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfecl or Microsoft Word file and be accompanied by a printed copy. Disks labeled wjth a Lockwood mailbox number will be returned. Letter to theEditor Policy: while the Opinionwill not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. EDITORIAL Eenie, Meenie, Miney, Moe The March 22 Student Bar Association meeting was disrupted by a brouhaha over a school Softball team's selection process. The ugly scene included a student expelled from the meeting, accusations ofracism, a near-fistfight in the hallway outside the meeting, the calling ofcampus police and charges filed against a student for reportedly harassing an SBA member during the meeting. The incident was a black eye to the law school. The worst part about it, however, is that it was that it was going to happen sooner or later ifnot over the ball team, then some other student group. A little background: For the past three years, a group of third-year students have banded together informally to form a school softball team. There are no noticesposted nor any formal tryoutprocedure seemingly little more than a couple ofstudents calling some interested classmates to play ball. Once it's formed, the team has sought (and usually gets) funding from the SBA to compete in a tournament in Vitginia as the official UB Law School team. If two teams are separately formed, then they play each - - other for the right to compete. And each year, complaints are made the team's selection process is arbitrary and unfair. And each year, it appears, the same charge is leveled at several other clubs, teams and publications. At one time or another the Opinion staffhas heard the hallway whispers accusing several clubs, groups andpublications ofbypassing their own writenin-slone bylaws and changing the process midstream. Other groups, the softball team being one, have been charged with having unacceptable procedures, or even no process at all. While few formal complaints have been filed, and most of the rumors can be discounted as coming from sore losers, a few have the disturbingring of truth. If the accusations aren't true, they can stillruin a group's credibility. If they are true, there's a serious problem. Membership in a group or publication, or on a moot court team, is a valuable asset to bring into a job interview. Several Buffalo-areafirms make itclear that potential employees better be on a moot court board or a law journal. In fact, interviewees are often askedpoint-blank why they aren 't. In plain language, UBLaw graduates have to compete against graduates from better-known and more prestigeous, schools for top jobs, and membership in certain clubs, publications or teams will make the difference. Fooling with the membership lists means fooling with people's careers. It's time for the SBA to take steps to ensure groups' credibility by requiring an open selection/scoring process. The SBA sholdrequire (if it doesn 't already) all organizations it funds to provide a written copy of their selection/election/scoring procedures, and form a committee to investigate any accusations of irregularities, with the authority to review score sheets and other relevant materials. Any proven irregularities, or uncooperation, should be subject to disciplinary measures which could include witholding of all SBAfunding. Sure it's harsh, but as those attending the aforementioned SBA meeting can attest to, there are worse alternatives. - By DavidAllen '01 I still get flashbacks from basic training, similar to victims of other traumatic experiences. It was 20 years ago this summer that, fresh out of high school, I kissed my mother goodbye and flew off to San Antonio, Texas, to be issued fatigues and isolated in a dormwith 49 other recruits for six weeks ofmarching, running, and other grueling Air Force initiation rights. The 50 of us represented a healthy cross-section ofsociety; there were city dwellers and country folk; athletes and bookworms; California surfers and New York gang members; teenagers and 30-somethings who had been around the block. But it took fewer than three days for our group to firmly divide itself into two camps white guys and black guys. As we time wore on, an 'us versus them' atmosphere developed, fueled by daily stress and isolation from our families. Animosity between the two groups grew; perceived slights were blown out of proportion and threat passed back and forth. For a while, an intra-squad race riot seemed not only likely, but inevitable. The only thing that kept a lid on the situation was our drill sergeant, a petit (and incidently, black) woman who somehow managed to keep us in line through sheer physical intimidation. We were allready to grab a gun and take on the Russian Army, but not one of us was brave enough to look this five-foot tall, 100-pound woman in the eye. If anybody happens to know the present whereabouts of Staff Sergeant Cynthia Garland, please call her and give her directions to O'Brian Hall. God knows we need her here. The ugliness at last week's Student Bar Association meeting was an unmistakable clue that there are heightening racial tensions at UB Law, which are threatening to explode. A refresher: managers of a softball team seeking SBA funding were accused of using race as a reason for cutting two black students from the team. Team representatives took strong offense at the charge, saying those who were cut didn't attend enough meetings or practices. After that exchange, whether or not racial discrimination occured was moot. The accusation itself, legitimate or not, underscored the rest of the action. The shouting matches over procedure, the near-fistfight in the hall outside the meeting, were all tainted and magnified by the r-word. A week after the meeting, I'm starting to see the disturbingly familiar signs of polarization. People are taking sides, camps are forming, and accusations ofracism are still flying. With four weeks ofclasses remaining, there's a temptation to ignore the situation, and hope it all blows over. As an Opinion editor, I've been asked by more than one person not to 'blow this out ofproportion.' Sorry. That ship has sailed. Last year student Joanne Wong received two anonymous emails belittling her efforts to coordinate an anti-sweatshop conference; the messages were slathered with racial epithets and insults. And last week wasn't the first time and it probably won't be the last - that individuals have been charged with prejudice here. Several students have reported being branded racists after expressing conservative viewpoints in class. Rumors of racism also flew last year when a white student challenged a black student for a leadership position. Racism not only actual, physical racism and discrimination, but accusations of racism, fear ofracism, and even the fear of being branded a racist doesn't go quietly into the good night. It sits and ferments, and will rear its ugly head at the worst time. UB Law administration knows this, and is quickly developing a plan of action to face the issue head-on. Melinda Saran, Acting Associate Dean for Student Services, is arranging for a series of diversity training training workshops. She hopes to start with the SBA, because it is the focal point of student activity, and expand from there; she has also called the university Multi-Cultural Affairs Office for advice. SBA Pesident Vince Gregory said he's eager to take part in the training.'Tll be the first to do it.After all, if we can't handle it in law school how do we handle it inreal life?" "We have an increasingly diverse student body, and we need to have more sensitivity to that," she said, pointing out that perceived discrimination, "not just actual discrimination" disrupts the learning experience. And the problems won't go away after graduation. "Attorneys have to work with diversity," Saran said, adding thatBar Associationsroutinely offer diversity classes as part of ethics training. Part of the solution, she said, is to avoid situations that open the door for questioning. "There needs to be some sort ofprocess for activities, for selections to be apparently non-discriminating. That was the problem with the softball team," she said. Diversity training is a good start. To further diffuse tensions, there exists a need for civil discourse a rational discussion of issues, a blowing offof steam, recommendations for solutions. There are several forums letters to the editor, SBA meetings (following proper procedure, of course), perhaps formal roundtable sessions. The problem is out there, so let's keep it out there where it can't be ignored, where everyone is forced to acknowledge and deal with it. Let's all get started now. Please, don't make me track down Sergeant Garland. - - - - - - - - �April 1,2000 THE OPINION 3 COMING UP Tickets To Studio Arena, Philharmonic Available From SBA . Georgetown sociology professor Robert Manning and UB Scaoo! of roaa* agementDeaa Lewjs mandeU will discass the social casts of siadeat debt and the importance o< moaes< management on Friday. March 31 at 1 hM) p.m. as part of :■- !: .1. in rtwni llit Mandell Maaniag and will speak to the recem chaage* in {he banking in- studertt credit and the overwhelming raminfications of debt. Piedalory financial institutions ate targeting college students by issuing them higfi-irtteiest credit cards Manning and Mandell's lecture is co-sponsored by the UB School ofLaw's Human Right Ksk iatitm and the butl a Right"?. 1 k Revicv Ballgame Trip To SCelnbriaot eek W f*w Seatot « 7;05 p.m. Pregame festtvujes wfil begin Tickets, whjck will cost $14.S<> pet persoa, wdl include a pte-game cook out featuring a chicken breast sandwich, choice ofhot dog Or hamburger, pasta or jossed salad and soft drink. In addition, North Americare Park now feamres a Bison's kids" zone, whh special entertainment designed for young children There will asto be fireworks after the game .Everyone (3L's, 2L's and IL% faculty) aud theu family are invited. See Kelly Zuch for Tickets in room 3] 4. O'Brian Hall. - rfjl|^S^K^>W^y!'+, j£[ = sg|. l-iggj Ifi&g^-i VjgSL^>;^!L^kt■- '.^y*' ■ ■ w"£'::V iJ-^^H - ,?'itfrttff-ii ■ — ■ - -SfßfflSi^^ 87^^^? Issues Forum - To Discuss Hate Crimes The Amencan Jewish Commute of Wesietn New York will hosi an issues , foram titled H*te Otnies: How Chitdien Learn To Bate,' Thursday, March 30. The fomm wBJ feature panelists Exie Cooaty Family Court Judge Michael A. Battle» UB Pr<tfe&*>r/Psycßologist Dr. Cbaule* P. Ewing.aad Aaron Stewart of ti*e O«y and Lesbian Youth Services of New York. The Teen "Reality" Theatre Group will also perform. UB Law Assistant Dean llene Flejschmann will moderate (he panel The evem will lake begin at 7:30 p.m., at ihe Ceater For Tomorrow. AdnmsiOAb LItaSluiwdentsTo ElHectoinld30 March The UB Law School's 11aitasLaw Student Association wiß hold its Eflß.ua! ofiker elßCtioo Thursday, March 30. Elecxtions will be held at 4:30, ie rooox 106 O'Brien Hall, as part of the group's geoetaj ovß<;tiBg. Thos<; inlctest in wnaing shoald coatacf Gab* Di'Maio at Box 322 ot at NAPABA President to speak ai ziuaeni or 00/or ySfefeiK^x'iv. ''"i^Sl££sn?^lJ!!:■' iijiimSffiWltS^ On April 5& 6, law students ■■••": will have the opportunity to fill the offices of the . Student Bar •; Association's wJSfo executive board ApVi " ~/-'-v- * •-■K3' ■" : President, Vice|';": .'/■ ■": LJvjj fig£?fttf ■' ;.".:." ]\-J!$M&. "'■; President, Treasurer and Parlimentarian. "• " The SBA is the board that allocates money to "%'jj-S"?^ "■ student groups, and .hfru"- Vivimrl acts as a conduit between 'ffifip'r iv??clfrfVj : " •']•*&a\V*mc&>T the student body and school administration. We won't waste ::;"-!i" ttn-Sfficd our breath rehashing . the importance of fjjßjSßl^^ voting we're just asking you to take a few seconds to fill out a • ballot next week. It will ''-UHHK -'ViWrnV make a difference. Take : ' oBStl i+gffi* •• our word for it. .".nffi ■ mp lo see to Buffalo Bisons' game wiU be held North Amencate Paik Don't forget the SBA e-board elections SatoudenDinner fColr umner Laura Kiagsly Hong, pt esidenl of the Nattooal Asian Pacific American Bar Association, wiU be the keynote speaker at the UB Uw Studew of Color Recog- I't^SK"' THE AMERICAN JEWISH COMMITTEE OF WNY in cooperation with The Gay and Lesbian Youth Services of New York The League of Women Voters of Greater Buffalo Maimonides Medical Society University at Buffalo Law School WGRZ-TV 2 cordially invite you to attend "ON THE ISSUES' FORUM HATE CRIMES: HOW CHILDREN LEARN TO HATE participants Hoag, a partner in the litigation department of the * law firm Squire, Sanders & Derapsej*, will also address Buffalo Lav Women's Law Journal and the AALSAtne day She h President of the Northern Ohio Chapter of the Federal Bar Association and coatlnuing he* secoad .year as Council to the Uugmoa Section of the Cleveland Bar Association. She teceived her J.D. from Case Western Reserve Law School where shecurrently leaches Trial Tactics, She has been active »n bai Hong served as NAPABA's Secretary for thrns terms tod is Completing he; as NAPABA's VP for Membership. As such, slie has been an active member of N APABA'S Board and Executive ct>romittee for tear years, having served un■ residents Nancy Lee, Paal Lee, Paul Chan and Margie Pujioka. For informatioa umceiniag the Student ofColor Recognition Dtnner April 27, 2(KK), contact Angela Jones al: anjones@acsu.buffalo.edu. For information ■mut Buffalo Women's Law Journal and AALSA dinners, contact Irene Chiu at Hon. Michael A. Battle Erie County Family Court Judge Dr. Charles P. Ewing UB Professor of Law and Psychologist Aaron Stewart term The next issue of the Opinion will be on stands April 11. Submissions must be received by Wednesday, April 5. Gay and Lesbian Youth Services of New York and featuring The Teen "Reality" Theatre Group Thursday, March 30, 2000 7:30 p.m. Center For Tomorrow University at Buffalo, North Campus Flint and Service Center Roads Free Admission For Information call: 877-6234 Reception to Follow � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 7 01.04.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9677eec6b00c599797e5f528800516fe.pdf 469d94ad4b27ae9e1a8db5ead9215c0a PDF Text Text Vol. 51, Issue #9 THEOPINION STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW APRIL 10, 2000 Colaiacovo Elected SBA President By DavidAllen '01 Four new officers will comprise next year's executive board ofthe UB Law Student Bar Association. Second-year student Emilio Colaiacovo was elected president during elections last week. Also voted into office were Vice President Allison Porcella, Parlimentarian Rashondra Jackson and Treasurer Sheri Crosby, all first-year students. All ran unopposed except Porcella, who defeated first-year student Matt Klein in the two-day balloting.Vote totals were unavailable at press time. None of this year's current board members ran for reelection. "I'm reall happy," said Colaiacovo, who served as an SBA director this year. "The people we have Allison, Rashondra and Sheri from what I understand are really good people. They have a good agenda, and I feel we can work well to- - - gether for the student body." The incoming president stated that he had clear objectives for the 2000-2001 school year. "I'd like to try to getdiversity train- OUTLAW holds fourth annual dinner Ball draws more than 400 by Dawn Roy f UB Law students enjoyed three hours of music at the Barristers Ball, held March 31. The ball, an annual tradition, drew more than 400 students and guests to the Hyatt in Buffalo. The student Bar Association, taking note of the affair's success, has already reserved the Hyatt for next year's ball. Students, held its fourth annual dinner and celebration 25, 2000. As in the past, the place at the University Inn in The dinner aims to bring together people of all sexual orientations from the student population as well as from the local community. It also strives to foster discussion regarding ways in which equality can be achieved for all. This year's dinner featured Elizabeth Conant, Ph.D., a prominent spokesperson from the local gay, lesbian, bisexual, and transgendered community. Her experiences include work in both the women's and equal rights movements. More recently, she and her partner have Elizabeth Lonant focused their efforts on furthering equality in schools. To that end, they have traveled throughout the area speaking to undergraduate education majors about awareness and understanding. Dr. Conant's speech, entitled "Musings ofan Activist," incorporated these experiences. She utilized the metaphor of a downstairs neighbor tapping on the ceiling to describe the unconscious's attempt to raise the awareness of the conscious. She elaborated on the attempts of the conscious to muffle the sound with the insulating carpet of tradition. Dr. Conant emphasized the role ofreligious doctrine and of fear in maintaining the widespread prejudice towards lesbians and gays. The evening ended with Dr. Conant stressing the potential for progress, beginning with the need for individuals to champion for change in their everyday interactions with others. Her speech proved interesting as well as enlightening and was enjoyed by all. Director Questions SBA Fund Allocations by Peter DeWind '00 Question have arisen concerning the way in which the SBAExecutive Board has chosen to allocate funds. The instant allegations concern whether the losses incurred by the social line are merely poor judgement or rise to the level of fund misallocation. Class Director David Polak is the head of the SBA Social Committee. The committee is charged with planning and executing Student Bar Association sponsored events. These events are financed through the Social line of the SBA's budget. Mr. Polak is questioning why this budget line has been almost depleted. By his calculations, the social line should have some $1,600 dollars left in it. This represents the $2,100 placed into the fund minus $500 spent on social events. The balance would leave sufficient funds to have sponsor such regular events such as the end of semester 'Decompression Parties'. Both Mr. Polak and SBA Treasurer JohnLlera agree on the reason that the fund has been depleted. They point to use of the Social fund to pre-purchase student tickets for events such as Sabres games and the Philharmonic Orchestra. These funds were to be replaced with proceeds from ticket sales. When theseticketsfailed to sell, however, the Social fund was depleted. Mr. Polak complains that the tickets were purchased for fund-raising purposes. As such, he believes the money for such endeavors should come from different sources than the social fund. He complains that funds earmarked for social events were inappropriately usedfor different purposes. Treasurer Llera explained that there are different procedures which must be followed when using a budget line for a purpose other than the one which it was for which it was intended. In order to use funds for the purposes they were allocated, only theExecutive Board must meet and approve the expenditure. However, to use a funds for a different purpose, the plan must be approved by the entire SBA Board of Directors. These latter meetings are those which are held biweekly and involve all of the Class Directors. Mr. Polak speculates that using social funds for fund-raising is a different purpose. As such, the Board of Directors should have needed to approve spending the funds to purchase such items as Sabres tickets. The fact that theBoard never approved these expenditures means that the funds were inappropriately allocated. Mr. Llera disagrees with Mr. Polak's characterization. He claims that the money could be allocated by the e-Board and did not require the involvement of the Board of Directors. As such, events such as Sabres games may be characterized as social activities. Thus, the failure to make back the money on ticket sales represents only poor judgement and nothing as serous as fund misallocation. Mr. Polak agrees that poor judgement was indeed involved. He points to the fact that most ofthe Sabres tickets went unsold Though he did not have the exact sales figures, the SBA social fund was left to absorb the $27 dollar or so loss on each of the twenty-five or so unsold tickets. This loss was compounded by the fact that unsold tickets were given away to Law school administration and Children's Hospital. Treasurer Llera focused on how thi.s was a judgement call on how to dispose oi unsold tickets. The e-Board chose to give the tickets away in an effort to improve the SBA's profile in the school and surrounding community. Other, however, believe tht tickets should have been used in a way which more directly assisted the student.' and their social needs. Director Polack points to the Buffalc Philharmonic as another example of misspending student funds. The SBA purchased these tickets at market value. Mr Polak, however, claims that money coulc have been saved on the deal. He claims tht SBA could have acquired the tickets at a continued on page 3 �APRIL 10, 2000 THE OPINION 2 The The Unconfirmed Source Opinion by Peter DeWind'oo It's been a busy couple of weeks when it dictates that meetings to be run accordhere at the paper what with sorting through ing to Robert's Rules of Order. all of the submissions we have received. Those who have not placed themselves Yeah, right... on the agenda yet have a viewpoint to express Is there anything wrong with such must do so through an SBADirector. This insarcasm? It has come to the fore recently termediary then brings the concerns up during Co-Editors in Chief: Peter DeWind & Dave Allen News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: OplEd Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Arnherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submittedat theOpinion offices, sent by mail to theabove address, or placed in theOpinion mailbox located in theSBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperlect or Microsoft Word file and be *jtf» accompanied by a printed copy. Disks labeled with a Lockwood '■■'ft' x mailbox number will be returned. ' f aflftfiL. --^lIP Js*^lll Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's The Opinion in no way endorses the viewpoints of its columnists and contributors. various |f ■ ' 4 'W£^§aS^MP> > * HP*** n£|p|:l^i» flm <lfc x * /" \ 1111; ~t'S JlSliS -*%s^2oPKiiBs3»i with some suggesting that such sarcastic statements are helping to destroy society. The problem is said to lie in the fact that sarcasm has a limited communication value in and ofitself. Unlike satire, which involves at least some commentary on the state ofthe satirical object, sarcasm merely insults a position. This serves to inhibit communication because the sarcastic party never really communicates what is wrong with that position. All that is communicated is that the sender finds a position to be patently ludicrous. One has only to remember the 'Not!' craze a while back to realize the ease with which public discourse may be impaired by covering up one's meaning. Here, however, it is nothing so benign as sarcasm which threatens to impair public discourse. The problem has become timely in the wake of the March 22, 2000 SBA meeting. At this meeting, funding for a softball team was considered by the Board of Directors. Students came to the meeting wishing to express their opinions on the matter. They were not allowed to do so. The SBA Parliamentarian informed the students that only those who were on the agenda would be allowed to speak. The SBA Constitution calls for this result discussions on the various motions. This is not such a tremendous burden. At the March 22 meeting, Tony Pendergrass wished to address the Board with his concerns. When he was stopped from doing so, he was able to speak through the intermediary of a Class Director. His concerns were heard by the Directors and responded to by the softball team. Similar concerns were also expressed by Director Jenny Lancaster when she read a letter into the record. The letter accused the Senior Softball team of discriminatory selection practices. Again, the concerns were heard by the Board and Class Directors. In the end, however, their arguments did not carry the day. A vote was held and the softball teamreceived funding for it's trip to North Carolina. It was after this that the meeting saw the angry outbursts for which the meeting is now infamous. Contrary to some versions, the outbursts initially did not bring about any call to public safety. Instead, Parliamentarian Mary Snyder politely but firmly asked that the free for all commentary cease while the meeting was still in order. The outbursts mainly focused on whether the vote, which had resulted in a tie, should have been held at all. The dissenters position seemed to be that the vote was not held in continued on page 3 IA I tte nt i onlLs A 2 RS # Bra Sign up for BAR/BRI NOW LsfI Last chance to register for ONLY $100 (Registration fee will be $175 beginning fall 2000) M e| Rji � Last chance to lock in aNY tuition of E| ra $1875 � class of 2002/03 # 4 $1925 � class of 2001 M IS (Tuition will increase beginning fall 2000) R| R Why wait? Why pay more? 0 It'V b«i review Bγ M �April 10,2000 THE OPINION 3 LETTERS TO THE EDITOR Justification or Overreaction you make the Call On March 22, 2000 a regularly scheduled meeting was held by the SBA (Student Bar Association) to deal with the concerns of the student body along with other plenary business. During the meeting, a group brought a topic before the SBA executive board for approval and possible funding. This was a contentious, divisive and hotly debated topic. The SBA, in its infinite wisdom, only allowed the members of the aforementioned group to address them regarding their topic. The SBA did not allow any further discussion upon the topic from other groups who also have a vested interest in the decision that was to be rendered. The executive board informs the student body that they are allowed and encouraged to attend each ofthese regularly scheduled meetings so that we can be kept abreast of pertinent issues. We are also encouraged to be active participants in the SBA and its processes, so as to assist in the facilitation of a smooth running governing body and provide a checks and balances to the power of the SBA. Well one student actually decided to take the SBA up on their offer to participate in the process, and he is now being used as a scapegoat, a sacrificial lamb if you will. The SBA constitution does not contain a provision that would not allow an individual to address the board concerning an issue that is currently under discussion. In addition, Ms. Mary Snyder (SBA Parliamentarian) also incorrectly informed the aforementioned sacrificial lamb that according to Robert's Rules of Order he could not address the executive board. Both of these statements were wrong! Robert's Rules of Order allows discussion of a debate by all participants present at the meeting. A SBA Board Member seemed to make further asinine, uninformed, and unsubstantiated comments with regard to application of Robert's Rules of Order regarding the proposed motion. Ms. Snyder informed an executive board member that her vote could not be changed because the vote on the matter had closed. This in fact was not true, what had transpired was that the motion on the floor at the time was to approve the change in the amount of funding to the aforementioned program proposal, not the final vote on the initial motion. I wouldlike to take this time to informMs. Snyder to do some research with regard to proper parliamentary procedure withregard to voting by executive board members. Furthermore, Ms. Snyder was again incorrect when she allowed the motion to be carried without the majority needed to carry the motion. This vote should have been declared null and void due to the number of abstentions cast upon the program proposal, these abstentions require that the motion be tabled for further discussion and a vote at a later date until the requisite number of votes can be obtained. Robert's Rules of Order states that "...If the issue is a divisive one, perhaps it SBA FundAllocation continued from page 1 discount or possibly for free by utilizing the Social Director position becuase Mr. Polak's sister works for the Philharmonic's Executive Director. In this case, the fact that few tickets were actually sold would not have affected the Social Committee's ability to hold events in which students were actually interested. This is not the first such question pertaining to expenditures which has arisen. One such question pertains to the origin of funds used to pay for the SBA's new child care program. Treasurer Llera characterized the child care grant as a joint venture between the SBA and administration with the SBA's part coming from the Pay Line. Mr. Llera characterized funding the child care program as in keeping with the purpose of the line and thus not needing the approval of the Board of Directors. The Pay line, however, is described as "pay for office workers" on the a document entitledSBA Budget Lines Explained. Yet another potential question arises from the SBA's cancellation of the yearbook effort. This endeavor had been funded through a line calledYearbook. This line included $1,000 for the book's production. The funds, however, have come to be reallocated elsewhere. It is unclear at this time by exactly what method the transfer occurred but it does appear that the SBA Board of Directors was not involved. What is clear is that the Memory Book, which serves to replace the Yearbook and thus is arguably akin in is best for it to be defeated. Time heals and the same and appease your fears just to make you feel better. Neither my colleagues nor I will compromise ourselves nor question may always be reintroduced at a future meetour values to make some of you psychotic clown feel ing..." Another member of the executive board who has better. One ofthe problems withthis country at this time read Robert's Rules of Order, unlike Ms. Snyder, sugno one will deal with the issue of race honestly. We are a gested that paper ballot be taken to resolve this issue. too busy trying to be "politically correct" and gentle in But once again Ms. Snyder ignorantly informed this our dealings with each other, instead of pulling people out of their comfort zones to deal with the issue ofrace member that a paper ballot couldn't be taken in that instance. Robert's Rules of Order also states that withrecandidly. This allows maladjusted, pusillanimous indigard to an issue that is contentious "...a vote by ballot viduals to use ineffectual and fallacious reasoning to can be ordered by a majority vote and may be the best justify their overreactions to situations involving Afrimeans of voting when the issue is a divisive 0ne..." can-American males. Some SBA directors remind me Now that I have set the scene for the readers of of individuals witha classic case of"drama-queen" synthis piece, please allow me some latitude to address the drome that has to be fulfilled by bringing attention to title of this piece. When my colleague questioned Ms. their dull, vapid, insipid, and misguided plight. Snyders' knowledge of the rules contained within Lastly, at this time Iwill address afew other groups Robert's Rules of Order, Ms. Snyder became irritable, that need to be set straight on a few issues. To those individuals who see this recent "flair up" as just some unruly, belligerent and uncooperative to his questioning. Ms. Snyder then seemed to make this incredible disgruntled individuals who were not selected to parleap from "power hungry control freak" to being frightticipate in an event, it is a shame that you continue to be ened and intimidated by this individual and his quesclothed in a shroud of ignorance. This issue is larger than participation in an event; this has to do with a systioning. This scenario begs the question when two individuals of different ethnicity's disagree on an issue, then temic culture of exclusion of the majority by a minority debate the issue, does one ethnic group have the right to of selfish individuals. To those individuals who have fear another ethnic groupbecause they have an opposite allowed themselves to be used and do the bidding of viewpoint and can articulate their points. Well, Ms. others, you should be ashamed of yourselves! I say wakeSnyder, the poster child for overreaction decided that up, look around; recognize who are your friends and alshe did not appreciate his challenges, so she decided to lies. It seems all too convenient that certain members call the police to press charges of verbal harassment were sent to represent the views of this inconsiderate against, the individual, Mr. Marsaw. These representaminority. This gave the law school community the aptives are supposed to be enlightened individuals, but what pearance that peoples of color were pitted against each some SBA directors appear to be is racially insensitive, other, which is just not the case. who continue to believe in the opprobrious, stereotypiFinally, to my armchair revolutionaries, there is a famous line to a song which states "...You are talking cal images of African-American males. I confronted the same type of ignorance form a loud and saying nothing..." because when the issues white female colleague whom I was in debatewith within come to a head you are nowhere to be found. You are a classroom setting; and this clown exclaimed that she nothing more than timid apologists for the mainstream. "feared for her life" because I took an opposing viewYou will sell yourselves and your souls to the mainstream for erroneous promises ofpossible prosperity in the fupoint and was able to discount her arguments withrelative ease. This unenlightened, maladjusted individual ture. I say to you, how sad. I just hope that at some time then resorted to what I refer to as the "Big Black Buck" in your miserable lives you will throw off the yoke of syndrome. The syndrome stems from lack of personal oppression from your mind. I'll leave you with a quote from my father "You dealings with people of African ancestry; also an indias as a the can't viduals' own mental instability, well belief in talk to everybody and you can't save everybody, stereotypical images foisted upon society by the media. but you can be there with open arms to welcome them This leads me to believe that we as African-American back into the fold." Well the Lord knows I am a work in males are expected by some to stay in our places, not progress, and at this point in time when these individuhave an opinion andbe non-confrontational (i.e., behave als voluntarily continue to make unhealthy choices, don't like a good "nigger"). Because when we challenge the expect me to be there when you come back to the fold. I status quo and upset the balance of power we are seen have and will continue to despise people ofyour ilk, so as threatening, aggressive and confrontational to some I hope that when you fall your fall is swift, sudden and of our white colleagues. Well all I can stay to that is that hard! is too damn bad that you are not comfortable with my David H. Hawkins position! It is not my job to be conciliatory, comforting purpose, is not being funded with those proceeds. In the wake ofthe social line accusations, President Gregory has reportedly responded by threatening to block funding for any more Social Committee events. This would seem to include such events as the upcoming Decompression Parties. ""V f Latest US News and World Report Rankings Released The latest latest version of the dread US News and World Report law school rankings have been eleased. The magazine leaves SUNY Buffalo in the same position as last year by ranking it with the second tier schools. While the school's perception among academics remained the same with a 2.5, the school's reputation among lawyers and judges increased from 2.6 to 2.7. While many decried the Bar exam passage rate, UB actually increased this past year from a 70.9% rate in the prior year to 74% in this year's rankings. The results do reflect a dramatic increase in the faculty to student ratio from the prior 10.1 to a more common 16.7. Perhaps the most earth shattering change was Harvards drop to third place behind Yale and Stanford. The results may be viewed at www.usnews.com. Udmbctise IN THE OPINION 645-2147 �April 10,2000 THE OPINION 4 Why was this such a divisive issue? unconfirmed continued from pafe 2 accordance with Robert's Rules of Did it really matter that much whether a Order. Specifically, they questioned whether Director Lancaster should have been able to change her vote before President Vince Gregory made his tie breaking vote. These statements did not cease at the Parliamentarian's request. The disrespect shown to the Board and student government in fact increased. The remarks became more akin to personal attacks on the Parliamentarian who was attempting to fulfill her duty and keep order at the meeting. Ironically, those who attacked what they believed to be the Board's disregard for Robert's Rules did so in a way which demonstrated complete disregard for it's provisions. Indignation does not give one license to disregard therules by which civilized meetings are held. The acrimonious outbursts continued until before the student, 3L Will Marsaw, finally left the room. The disturbances did not end there however. Moments later, sounds ofpandemonium emerged from the hallway. It sounded as if a fight had erupted. At this point several Directors went into the hall to see what was occurring. It was in light of this situations continued escalation that a Director returned from the hallway and asked that public safety be called. Some have speculated that this phone call and the Parliamentarian's response were due to fear of the speaker's race. An alternative, and perhaps more likely explanation, focuses on the outrageous public behavior and disrespect for process and decorum. The answer focuses on one question, would the same response have come about if the speaker were not a minority? It is indeed an easy allegation to make and a hard one to rebut. It is merely another form ofthat old question "do you still beat your wife?" No matter how one answers, merely being asked the question puts one's reputation at risk. The same is true for both an individual and an organization. softball team was able to take a trip to North Carolina with the SBA's blessings? It is possible that people really did wish to stop what they saw as racial discrimination in the softball team's selection. Then again, perhaps there was something more personal behind the outrage. One theory focuses on the students' feelings of disillusionment with the whole SBA process. This postulates that a stand had to made against the SBA's allegedly cavalier attitude toward the democratic process. This idea, however, only speaks to the outburst and not the organized effort to prevent the team from receiving money in the first. Another, related idea, focuses on the board's relations to students ofcolor. This seems to be the explanation which Acting Associate Dean ofHuman Services Melinda Saran has heard as she has promoted a training session dealing with "conflict resolution and diversity issues". Again, this fails to deal with whythe issue evoked such passion in the first place. Yet another line of explanation concerns the existence of personal vendettas. One possible explanation focuses on the fact that Dan Baich is on the softball team. Mr. Baich is the individual who recently complained that he had been rightfully elected to the position of graduation speaker following a duly announced and operated student election. The theory isthat Mr. Baich's refusal to take the subsequent official naming of Tony Pendergrass has caused some embarassment and has served upset some parties. These persons are said to have organized a way to retaliate by orchestrating a way to deny Mr. Baich's softball team the funding. There are many more possibilities including sour grapes from ex-team members who were cut for non-participation. There is no way to know which of these is true. Most likely, the truth lies somewhere in between. Nonetheless, none ofthese rise to a level which might excuse the type out- burst seen. We, as students of law, are here to learn how to resolve problems through certain procedures. Though we have liberalized our forms of pleading, the resolution still involves following a definite process. To no small degree, it is to the this process ofresolution that we swear allegiance when joining the Bar. When we do not respect the process, we are in fact denigrating the profession. It is quite possible to disagree with an outcome without violating the process. It is possible to strongly disagree and yet remain civil. To paraphrase Twain, one may freely call one an ass to his face as long as it is prefaced with the word "Sir". It is true that there are circumstances in which it is entirely appropriate to violate the process and the rules. This, however, was probably not one of them. There is a difference between civil disorder and disobedience. Accusations of discrimination are a powerfull sword and care should be taken to ensure it is not used spuriously. It is, however, a weapon which we need in our arsenal. Those who would use it as a shield, however, go far toward impairing it's effectiveness and dimish it's impact, it's sharpness if you will. Moreover, the public discourse is harmed thereby. As is the case with sarcasm, the merits and substance of a position are not reached. The wish to comply with social norms, to avoid embarassment and to avoid the unpleasantness social retribution prevents the sort of substantive and honest discourse which the occasion demands. Buffalo Criminal Moot Court semi-finalists Sheldon Smith (left) and Amy Hemmingway (right). Hemmingway took second place for best advocate while Smith took third. The overall competition was won by the University of l Louisville, KY. > Head Of UB Women's Studies Program Says Progress Slow As Women Strive "To Claim Their Own Voice" Isabel Marcus has been champion- ing the rights of women since the mid-19505. And while time would seem to be on the side of progress, the director of the Women's Studies Program at the University at Buffalo says women still are striving to claim their own voice in the 21st century. This voice which Marcus says "is not just a reproduction of a male voice, but one that carries its own (statement)" is often silenced, in the classroom. "I still think this is a society where women have to get permission to speak," says Marcus, who is also co-director ofthe Institute for Research and Education on Women and Gender (IREWG) at UB and a professor at UB Law School. "Part of my life's commitment has been to thinking...that 40 years from the time I graduated high school (and) college until now would have been times of dramatic change, (change) which would be institutionalized and articulated and empathized with and recognized and rewarded. Rewarded," she says incredulously, laughing ironically. But the rewards are not as great as one might imagine. "To see 40 years later how much of a backlash there is, I just find it extraordinary," she says. A backlash, for example, in which women have placed themselves in second- — ary roles, most notably during the recent presidential campaigning. "It is astonishing that most of the wives of the candidates for the president of the United States try to out-position themselves as traditional housewives," she says. "I find this utterly astonishing." Marcus, who taught the first-ever "women in politics" course as a graduate student at the University of California at Berkeley in 1968, tosses out yet another bone of contention about the political arena. "I think The New York Times the other day had a story about John McCain's wife, in which he characterized her most important job as keeping him under control, and I thought to myself, 'this is really astonishing,'" she says, exasperated for the moment. "I'm not despairing, but it gives one pause to thing about (the slowness of) social change." Marcus, who attended Barnard College in New York City in the 19505, considers herself "part of a whole generation of women who came to therealization that we had to rethink who we were and what we were doing and how we were doing it. "We were constantly confronting our male peers, who we thought were our colleagues and our friends, having to remind them that we had an equal contribution to make and that equality was not just a slogan, but that it had to be lived," she says. Marcus stresses the importance of continuing to raise this consciousness through action. "The way in which faculty who are not sensitive to gender issues confirm the worst fears and anxieties in students is really striking and it's easy to do," she says. However, what goes on outside the classroom is tantamount to empowering women. For students — undergraduates in particular — Marcus says, campus groups must continue to broach such issues as dating violence and sexual harassment, and boost participation. "I understand it's hard to do; on the other hand, the failure to...raise these questions" is the greater tragedy, she says. Marcus recalled a visit to Colby College in Maine in the early 19905, during which the women on campus had undertaken a project to expose the writing the men's bathroom stall on the wall walls, that is. "The women copied down on butcher paper all the things that were in the men's stalls and posted them in the student union," she says. Not that she's suggesting such action, she says, but the demonstration reveals the ways in which women are excluded from certain spaces and the difficulties they encounter in integrating such spaces. The issue of space figures largely into the discussion about violence against — women. On a trip to Germany, Marcus was introduced to a group of radical feminists who were interested in investigating what would happen if a dusk curfew were imposed on all men. They wanted to see how many women would be on the street who normally would be afraid. "Their premise was that no woman would be afraid to go out on the street if she knew that there would not be males around who could assault," says Marcus, who is currently working on a book inves- tigating violenceagainst women in Poland, Russia, Romania and Hungary. The feminists' exercise was meant to better understand a place in which women's fears and anxieties were very real. "What does that say about how profound questions ofviolence against women are?" she asks. Now in her 60s, Marcus says she's prepared to pass the torch in order to give someone else the opportunity to make a difference. She says it's important to introduce younger successors into thefold in order to keep the discourse fresh. "I think there is a moral obligation to mentor younger women," she says, emphasizing the need not only in Women's Studies, but withinthe university as a whole "to teach and impart reasoning and thinking through issues (so) that(women) know how to be rigorous and disciplined in their reasoning." �April 10, 2000 THE OPINION I 5 1 Law IB!' Q/lUn *} Y\VY\ JffiwjffisM I /April l/ in Rscsivsd by ISfllsiiiii �April 1,2000 THE OPINION 6 COMING UP The Opinion Ballgame Trip To Celebrate Senior Week A UB Law Senior Week trip to see Jo Butfalo Bisons' game will be held May 12, 2OOU. The game, which will pit Buffalo's AAA baseball team against Norfolk will he held at North American Park at 7:05 p.m. Pregame festivities Vftll begin Tickets, which will cost $14.50 per petsotu will include a pre-gan)e cook out featuring a chicken breast sandwich. cho«:e of hot dog or narotttirger* pasta or tossed salad and soH drink. In addmon. North Arnencare Park now features a Bison's kids' zone, with special entertainment designed for young children There will aslo bt? fireworks after the ganie.Everyone (JL's, 2L's and I L's, faculty) and theiT family are invited. See Kelly Z«ch for Tickets in room 314, O'Brianfkll. ■: :■:■:■.: :■:•: :■: :■:■:■:■:■:■:■:■:■:■:■:■::■:■ ■:■:■:■:■:■:■:■:■: :■ ■■■ j y ■ ---■■-----------■-■-■-.---■■-■■■■■■■-■■■■■■■■■■■■■■-■■.-■■-■--,-.-. ■:■:■:■:■:■:■;•■•:•;•; , NA PBrestspidonak aD tCSoudlenrf inner Lauia Ktngsly Hong, Pfestdent of the National Asian Pacific American Bar Association, will be the keynote speaker at the UB Law Student of Color Recog- Hong, a partner m the litigation department of the Cleveland international law firm Squire, Sanders & Dempsev, will also address Buffalo Law Women's; Law Journal and the AALSA tht She is President of the Northern Ohio Qiapter of the Federal Bar Association and continuing her second year as CountU to the Litigation Section of the Cleveland Bar Association She received het J.D. ftoro Case Western Reserve Law School where she currently teaches TrialTactics. She bas been active In bar associations (v, Hong -served as N APABAs Secretaty for three terms and iscompleting her of NAPABA's Board and Exwntive coramitw? tot four years. h3vnag served onLee, Paul Ch*n and Margie Fwjioka. For jtiJv>rmaiH>n concemiag the SiudeW ofColorRecognition Dinner April 27, 200G, contact Angela Jones at: anjo«es@acsit buffalo edu. For iofotmatton about Buffalo Women's Law Journal and AALSA dinnm* contact hefte Chhi at khiufy'aesu.buffalo edo ot Kevin His at Ins&aoso.buffalo.edu. ter Presidents Nancy Lee, Paul 'Professor Jam' To Play At Camulet April 20 On Thursday, April 20, at 8 pjn.. tbtr Buffalo JPubUc interest Law ptogram (BPU.Pi at the New York State Univttsity at Buffalo Lmv School will sponsor the -Profeisot Jara," a concert performed by a Hot String Cargo Band featuring law school professors and students. Tins event will take pjace at the Cajvjujet Art.s Caft on the corner of Franklin and \V. Chippewa streets in Downtown Buffalo. All proceeds will go towards funding summer fellowships for law students who choose to work in areas of public iflterest law. Tickets will be available for pre-sate for $5 the weeks of Apttl 10 andApril J 7 trom 11 am. • 7 p.m. in front of thew Law Library, adn arc on sale up to the day of the event at the SBJ Ticket Office, in the Student onion Tickets will cost $7 at the dooi IP Law Journal To Host La Fiesta At La Luna WILL HOLD ELECTIONS FOR 2000-2001 EDITORS ON WEDNESDAY, APRIL 12 OFFICES AVAILABLE INCLUDE EDITOR -IN-CHIEF Represents the opinion publicly, establishes duties and responsibilities of the staff, and executes board policies. MANAGING EDITOR Maintains records, resolves disputes among staff members and oversees office administration. BUSINESS MANAGER Solicits advertisements, maintains all advertising and business records, and maintains office supplies. NEWS EDITOR Assigns news stories to staff memebrs, and writes at least one news article per issue. FEATURES EDITOR Assigns feature stories, writes editorial column. LAYOUT EDITOR Oversees the layout and composition of each issue. Should be familiar with Pagemaker, or willing to learn. PHOTOGRAPHY EDITOR Coordinates photographic coverage and prepares list of law school events that should be photographed for each issue. ART DIRECTOR Draws or assigns other staff memebers to draw an editorial cartoon for each issue of the Opinion. COMPLETE JOB DESCRIPTIONS ARE AVAILABLE FROM THE OPINION OFFICE (ROOM 7) OR BY CALLING 645-2147. The Buffalo Intellectual Property Law Journal Is hosting Lα Fksiu At Lα Thts event is also being sponsored by Hodgson Runs Andrews Woods & Goodyeat LLPand other total firruv There will he free appetizers between SJO • 7;30 PM where you will have an opportunity to rmtft and network with attorneys from the major law firms and professionals in Buffalo The Happy Hour will be followed by Latino music and dancing lessons. Half price on drink* will be offered between lOand ]{ PM. L*LunaiskKated3i:s2 Wol Chipptwa St tn downtown Buffalo (two doors down from the Calumet Arts Clitej Tickets may be purchased in advance Monday through Wednesday at the tables sft up in front of the law library for $5 per student or admission will be taken at the dour for S? The next issue of the Opinion will be on stands April 24. Submissions must he received by Wednesday, April 19. ALL STUDENTS ARE ELIGIBLE TO HOLD OFFICE. ELIGIBLE STAFF MEMBERS MAY VOTE. ELECTIONS WILL BE HELD AT NOON IN THE OPINION OFFICE �April 1,2000 THE OPINION 7 Colonel West lectures on the legacy of MLX, Jr. ByKevin Hsi '00 On February 11, Cornel West, a Professor ofReligion and African-American Studies at Harvard University, spoke at Canisius College before hundreds of people from across the community, including several students from U.B. Law School. Widely regarded as one of the most prominent and dynamic scholars ofAfrican-American Studies in the U.S., Professor West also holds the distinction of being one of only 14 professors in all of Harvard University to hold the coveted title of "University Professor." The title of West's lecture was "We Must Be the Change We Want to See." The lecture was sponsored by the Political Science Department at Canisius and was held in conjunction with the collegeis Annual Martin Luther King, Jr., Birthday Celebration.By all accounts, the event was anresounding success as Professor West gave a very convincing explanation of what Martin Luther King, Jr.'s (MLX) legacy means to America today. West began his lecture by telling his audience, "I hope to give you some words that would unnerve and unhowl people. We won't do justice to brother Martin otherwise." West explained that King himself described the civil rights movement in this country as the "society of the maladjusted. Therefore, the problem is what happens when you get adjusted to injustice. The question then becomes what kind of person you want to be from womb to tomb." Although the lecture was supposed to be about King and his legacy, West asserted that "it is impossible to talk about" King without talking about other people from the past and the present, such as Harriet Tubman and malcom X. In addition, West also said that you could not talk about King without talking about non-african-American figures such as Miles Horton, "the founder of the Highlander School whereRosa Parks trained,"Rabbi Abraham Hecht, Dorothy Day and Daniel Berrigan. West explains thisanalogy by stating, "MartinLuther King Jr. would not want us to talk about him as a person who transcends others." Working himself up to a crescendo pitchy, West stated emphatically, "We must keep the focus where it belongs - on those who are suffering! That is where Martin Luther King, Jr.fs legacy belongs!" West further emphasized the importance of rememberingis Kingis basic humanity by stating, "if Socrates never laughed, he never cried, if he never cried, he probably never loved and if he never loved, then he never lived." Conscious of the criticisms that King has received from some people both during and after his lifetime, West acknowledged that "150 years from now, people will tell MLX, 'you missed certain struggles' such as the struggle against patriarchy... MLX may say today, 'in retrospect, I should have been more cosmopolitan." Nonetheless, West was confident that most people will still tell King, 'Martin, we understand, we donit expect perfection.'" A scholar who is known for his love of contemporary music, West used a jazz analogy to make this point, "don't confuse the blue notes with the blues - it's not the same thing. A blue note is the injection ofdissonance into a smooth harmony which people feel is disruptive, it is an infusion of defiance. MLX is true to the blue note that people of African descent introduced into American culture." The next portion ofWestis speech then dealt with his assertion that Kingis legacy is largely incomplete because "society is still permeated with vestiges ofwhite supremacy in many different forms." In West's eyes, these forms of oppression deal with the treatment of those whom he called "the invisible ones indigenous people, working people, people of color, disabled people. However, West also emphasized that he was "not saying it merely because itis cute P.C. (political correctness). P.C. is merely a way of trivializing people's suffering." West also reminded his audience not to take the work of otherpeople for granted when he said, "I donit think hotels clean themselves - those invisible people who clean them are called workers." West then gave two examples ofthe subtle racism that continues to exist today. The first dealt his visit "earlier this year with my dear brother (Democratic presidential candidate) Bill Bradley to lowa where 3% of the population is black but 33% of lowais prison population is also black." Likewise, West said that many people who see him still canit believe that he is actually a Harvard professor. As West puts it, "back home in Boston, I still get elderly white sisters who tell me in elevators, 'if you teach at Harvard, then I'm the flying nun.'" Nonetheless, West said that even in the face of ongoing racism today, King would not have advocated a separation of the races as a possible alternative. West explains that "MLX may have disagreed with the conclusions of the black nationalists such as Marcus Garvey, the Honorable - Elijah Muhammad and Louis Farakkhan, but he took up their challenge" and that challenge remains just as valid today as it did duringKingis lifetime. Given all of the prejudices that still exist, West said that the fundamental question today is "does America have enough political courage to treat people of color, especially those ofAfrican descent, fairly and decently?" Wests response would be that America has not been able to deal honestly with the question ofrace. He pointed to a scene from Spike Lee's Do the Right Thing, "where those Italian brothers were saying how they 'hate niggers' but 'love basketball players like Wilt Chamberlain and Kareem Abdul-Jabbar' as an example of the contradictions that still exists. Likewise, using an example of immediate relevance to his audience, West suggested somewhat humorously that given Canisius' location in the City of Buffalo right by the East Side, he could "imagine many Canisius people saying to the cab drivers, 'whatever you do, justdon't drop me off in that 'chocolate section.'" However, West also reminded his audience that the question of racial equality isn't the only societal problem that remains unsolved since "the class question (also) comes in it's always been there but now it comes at us with a ferocity which we must all come to terms with." In a statement likely to unnerve some people, West asserted bluntly that, "in many ways, it was the death of MLX that brought more change than the life of MLX when it comes to society." He noted that there were 213 uprisings on April 4, 1968 - the day King was assassinated and "it was at that point that white folks said to one another, 'you know, we've got a big problem here... They were afraid of what the black folks would do next... They were afraid that black folks were going to de-whitenize the White House... Did you know that Wilmington, Delaware, had troops on the streets for nine months after MLX's death?" Given such recent history, West was very skeptical of the view advanced by some people that America was actually becoming a color-blind society. "I hear a lot of that in the so-called color-blind discourse these days where some (white) folks like to say, 'I donit see a black man, I (just) see a man.'" West doubted the sincerity of such assertions and asked his audience to speculate on whether or not you can "actually have a human being without a body." The final portion of Westis speech focused on what he called the "three fundamental challenges which we must face in order to build upon MLKis dream for a better society." This first fundamental challenge that West spoke of was "wealth inequality." This challenge was particularly urgent because "MLX knew you could not talk about the legacy of white supremacy without talking about economic inequality, not just in the U.S., but around the world." In order to stress his points on the extreme economic inequities that exists today, West recited numerous disturbing statistics to support his argument. For example, West mentions the relatively unknown fact that "the top three richest individuals in the world have more wealth than the bottom 46 nations of the world combined." West also debunked the myth that the U.S. has the highest standards ofliving in the world by mentioning that "2% of Japanese live in poverty whereas 20% ofthe people living in the U.S. falls below the poverty line" and "that 40% of all Black and Latino children (in the U.S.) live in poverty." West then paused for a moment to ask the audience in a slow, solemn tone, "how much inequality can a society continue to take before it cracks thoroughly?" West then asked the audience to think about why economic inequality has continued to grow in the U.S. after MLX's death. He asks passionately, "Wherefs the outrage? Is it because we have become such short-term men ofthinking that the prevailing idol ofthe past 20 years the market - have blinded us to its deleterious effect? The market is a human construction and like all human-made things, it can be used for good or evil." West also attacked the materialism oftodayis society by stating, "the American slogan these days seems to be more, more, I want more! It is an infantile slogan, it's immature. The question for us as a people is when will we grow up?" West then concluded on this point by emphasizing that "the issue of wealth inequality is one that is crucial for us to talk about with young people." The second challenge thatWest spoke about was "the impact ofmarket behavior in shaping our mindsand souls." West said that this problem is "especially a challenge with the young" and that "we need a revolution not just in politics but also in our spirits." As seen throughout this country (including right here at U.8.), the growing desire and impa- - - - tience for material gains have led to a corresponding decrease in widely (or outwardly) heldmoral and ethical stan- dards. For example,West saidthat he particularly disturbed that according to one survey, "70% of kids in U.S. high schools cheat on a regular basis, it's one of the scariest things out there." West also warned about what he called the "gangsterization of American culture" which meant "that , the old warning 'don't get caught has become the 11th Commandment." In West's view, "those gangster rapsters they're just looking at American society as it really appears today... Likewise, hip hop is an indictment of the older generation for not giving the younger generation enough love and care." West believes that one of the main reasons for this increase in amorality and materialism is because, "parenting has been marginalized in American society... MLX knew no society could survive without giving out love to others. Without love of others, people like Hitler never would have been defeated, things like apartheid in America would never have been defeated." Whereas the second challenge dealt with morality, the third challenge that West spoke about dealt broadly with political involvement. More specifically, West said that the country must deal with "the impoverished character of our public lives." Although West is an ordained preacher, he warned his audience against relying blindly on the religious establishment for guidance when it comes to political activism. West stated that he was "a Christian but when I read our history, I get very suspicious of our religious institutions... It's no surprise that the American Communist Party integrated in history before American churches did so and that was because Lenin ordered them to and plus, he had never seen a black person before." Launching a thinly veiled attack on the self-righteousness that characterizes much ofthe Christian Right's involvement in American politics today, West reminded his audience that "there is no bias in public life built for Christians and MLX knew that." He further stressed that "MLX entered public life not to impose his moral view on society but to have his vision debated, that's why he went through legislation. The reason he did this is because these issues being debated today have always been political. Slavery was political." West also stated that, "In this year 2000, our public life is in deep trouble because when we talk about politics, market politics tend to take over... What we need the best and the brightest as well as the courageous and the compassionate though lately public life seems to be attracting mostly the former rather than the latter." Injecting some humor to further his point on the need for a newer and more courageous political leadership, West added that he was "constantly amazed when I travel across the U.S. and see all the potential out there. But then I see our public leaders and I always ask myself, what happened?" West concluded his speech by stating, "I don't know what the future holds. I'm not an optimist, I'm a blues man. I've looked up and down so long that I'm constantly swinging. There is a difference between being a prisoner of hope and an optimist. MLX was not an optimist, he was a prisoner of hope. He justkept on pushing for change despite the odds. To me, to keep on pushing means that lim going to remain aware of the worst problems that are facing our country and that lim going to work towards changing them. So remember that while the sunshine of opportunity may be shining brighter than before, there are still a lot of dark spots out there." After Westis lecture ended, he continued to answer numerous questions from the audience in a question-andanswer period that ended up being longer than the speech itself. Here are some of West's answers from some of the various questions and points brought up by the audience: "If you really love people, (then) you will have a great anger towards injustice. At the same time, you need to be skeptical about too much skepticism." "MLX didn't tell blacks to love white people, he told to them love themselves it's pathological to hate your own kind." "We live in an ice-age, a time when itfs fashionable to be unconcerned about others. It's still a conservative moment in our history. We donit have to go searching for leaders, we are the leaders." While it was clear that everyone in the audience came away very impressed with West and his lecture, it also appeared that West felt the same way about his audience and the questions they asked. As he finished his question-andanswer period, West remarked, 'this is quite a crowd here. Thank you very much." to learn - - �Early Enrollment Bonus Enroll Prior To May Ist... Receive FREE PMBR Multistate Tapes/CDs! MBMnitM* fmj MULTISTATE SPECIALIST Cm- V*4* Hot To \MXI PH3K7 NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 • www.pmbr.com � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 10.04.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0d7b30ed068724f83e59ed6e58e22bdc.pdf 889db318f874e85b932b79bef0871687 PDF Text Text Vol. 51, Issue #10 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OFLAW May 3, 2000 Visiting Professor to Teach IP, Econ Law By DavidAllen '01 A visiting professor will boost the University of Buffalo law School's intellectual property and economic-related curriculum this fall. Shubha Ghosh, an associate professor of law at Georgia State University will teach as a visiting professor of law at UB Law during the 2000-2001 school year. He will lead a course on intellectual property law and a seminar on Law and Economics during the fall semester, and in the spring will teach a copyright class and a seminar titled 'Antitrust and Intellectual Property.' "It will be a good follow-up to the fall Antitrust course," said Professor Peter Pitegoff, vice dean for academic affairs, about Ghosh's spring seminar. Ghosh holds a J.S. from Stanford Law School, where he graduated with distinction in 1994. He also holds a Ph.D. in economics from the University of Michigan. He has taught as an assistant professor at the Oklahoma City University School of Law, and was a consultant for the Mellon Foundation. While UB Law welcomes Ghosh in the fall, it will say goodbye to Professor Nancy Staudt, who will leave the school after the summer semester. Staudt, a tax law specialist, has accepted an appointment at Washington University in St. Louis, where she is currently BPILP announces Fellowship recipients The Buffalo Public Interest Law Program has announced the recipients of its summer fellowship program. The program provides a stipend for UB Law students performing public interest work during the summer. Recipients include: * Sarah M. Smith, who will work at the U.S. Dept. of Justice, Environmental Enforcement Section in Washington, D.C.; *Jana Kosberg, United Jewish Communities, Washington, D.C.; * Jennifer Hall, Rochester legal Aid Society, Rochester; *Kirn C. TCoski, Women's Justice Center, Pace Law School, White Plains, New York; *Kristin A. Brenner, Legal Aid Society, Prisoner's Rights Project, New York. * Jerry Turcotte, Attorney General's Office, Augusta, Maine; *Micheal Leventhal, Brooklyn Domestic Violence Court, Brooklyn, New York. In addition, the following students will receive the related BPILP-lOLA fellowships: Elisabeth Calcaterra, Legal Aid Society, Juvenile Rights Division, New York; Katie Land, Neighborhood Legal Aid Society, Buffalo; and Joshua Farrell, Legal Aid Society of Buffalo, Buffalo. Opinion elects 2000-2001 editors The Opinion recently elected its editorial staff for the coming school year. The 2000-2001 editorial staff includes Editorin-Chief David Allen, Managing Editor Joshua Roberts, Business Manager Jenny Almanzar, Layout Edi- tor John Llera and Art Director Jimmy Wang. All of the editors are also members of the paper's editorial board.Allen, Roberts, Almanzar and Llera will be third-year students next year; Wang will be a second-year student. Still open are the positions of news editor, features editor and photography editor. The Opinion is also seeking reporters and people to fill other staff positions. Anyone interested in contributing to the paper next year should contact the Opinion at 645-2147. a visiting professor. She will teach a federal tax course at UB Law during the summer before moving to St. Louis. Three other faculty members will be missing from Buffalo next year, either as in the curriculum. The most notable is the disappearance of the school's regulatory concentration. "It's on hiatus," said Pitegoff, who hopes to bring it back in the future. The concentration was doomed visiting professors or on fellowships. Professor Judy Scales-Trent has received a distinguished Fullbright fellowship to teach in Senegal next year. She will teach in Buffalo this fall before leaving. In addition, Professor Marcus Dubber has accepted a fellowship to teach in Germany next year, and Professor Frank Munger will be a visiting professor at New York Law School next year. Outside of the faculty comings and goings, there will be few notable changes when Professor Michael Meuer, who managed the concentration, left to take another teaching position at last year. "There are some new offerings. We're bolstering what's in place, building around concentrations," said Pitegoff. To assist students in scheduling, the school has posted a list of tentative spring 2001 courses on the third floor of O'Brien Hall, outside the R&R office. Pitegoff stressed that the course list is only tentative, and subject to change. Five to receive distinguished awards from UB Law Alumni Five graduates of the UB Law School will receive Distinguished Alumni Awards at the Law Alumni Association's 38th annual meeting and awards dinner, to be held at 5:30 p.m. May 3 in the Hyatt Regency Buffalo. The awards, established by the association's board of directors in 1963, recognize the valuable contributions that UB law school alumni have made to their profession and community. In addition, Paul Ivan Birzon, a partner with Birzon & Davis, P.C., and long-time faculty member in the UB Law School, will be honored for outstanding service to the community by a non-alumnus. Awards will be presented to: •The Hon. Rose H. Sconiers, '73, of Buffalo, who in 1993 became the first African-American woman elected a justice of the New York State Supreme Court's Eighth Judicial District, "for her conscientious and diligent performance in the judiciary." Sconiers and a panel of 12 advisors have been named to lead a community-outreach program to improve confidence in the fairness of the court system. A former member of the UB Council, she has held various positions, including assistant corporation counsel for the City of Buffalo, executive attorney with the Legal Aid Bureau and Buffalo city court judge. She serves on the board of the American Red Cross and is a trustee for Children's Hospital of Buffalo and St. Mary's School for the Deaf. • Kenneth B. Forrest, '76, of Roslyn, an assigning partner in the litigation department of the New York City law firm of Wachtell, Lipton, Rosen & Katz, "for his leadership by example as a private practitioner." A specialist in commercial litigation, Forrest has had a leading role in the nationwide effort to get judicial approval for a $200 billion settlement between various states and the tobacco industry. He is a member of the UB Law School Dean's Advisory Council and serves on numerous professional committees, including the committees on Federal Legislation and on Professional Responsibility of the Association of the Bar of New York City. In 1997, he received the National Kidney Foundation of New Jersey and New York Award of Excellence. His wife, Ellen, also is a UB Law School graduate. • Howard R. Relin, '68, of Rochester, Monroe County district attorney, "for his commitment to public service." Relin is nationally known as a legal innovator for his efforts in prosecutions involving drugs, domestic violence, guns and elder abuse. Through his leadership, Rochester was the first city in New York State to have a Drug Treatment Court, the second city in the nation to have a combined federal and local task force to prosecute illegal-gun possession and distribution, and thefirst upstate New York community to have a specialized elder-abuse prosecutor. Other innovations include a program established in Roch- ester City Court that gives special attention to victims of domestic violence. • Irving M. Shuman, '54, of Williamsville, a founding partner of the law firm of Gross, Shuman, Brizdle & Gilfillan, P.C., "for his many contributions to the betterment of our community." Shuman has been active as a community leader in Buffalo, particularly in the Jewish community. He is a past president and vice president of the Jewish Federation of Greater Buffalo and a past general chair of the United Jewish Fund Campaign. He serves on the Jewish federation's executive committee and has been chairman of several of its committees, including those dealing with Russian resettlement, budget and allocations, governance, project renewal, Jewish agency and the joint Kadimah and Federation Review Committee. Shuman has been a member of the boards ofthe Jewish Community Center, the Foundation for Jewish Philanthropies, the National UJA Campaign Cabinet, temples Emanuel and Shaarey Zedek, Jewish Family Service, the Bureau of Jewish Education, Studio Arena Theatre, Calasanctius School and the national Hebrew Immigrant Aid Society. He also has been active in the United Way. • John J. Nasca, '46, ofAmherst, a partner with Nasca & Nasca, "for his exemplary performance in business." Nasca, whose law practice is in Buffalo, is a director of Joseph Naples & Associates, Inc.; Los-Green, Inc.; the Community Council Western New York Partnership and the Kaleida Health System Council. He is a past director of, and has served for 25 years, on the Executive Committee of Fleet Bank. He also is a past director and executive committee member of Irvin Industries and a member of its subsidiary boards in England, Sweden and Italy; a past chairman of the Buffalo Area Chamber of Commerce, Millard Fillmore Hospital and the D'Youville College Board ofTrustees. In addition, he is co-owner ofthe Park, Buffalo and Transit Drive-In theaters and a co-founder of the Twin Outdoor Theaters and the six Twin Lakes Miniature Golf courses. • Paul Ivan Birzon of Attica, a partner of Birzon & Davis, P.C., "for outstanding service to the community by a non-alumnus." An associate professor of evidence in the UB Law School and graduate of Columbia University Law School, Birzon is a nationally known specialist in matrimonial and family law. He is a founding member of the U.S. Chapter of the International Academy ofMatrimonial Lawyers and the Western New York Association of Matrimonial Lawyers. He was listed by Town and Country magazine and in "Best Lawyers in America" for matrimonial and family law. Reservations for the dinner must be made by April 28. For more information, call the UB law alumni office at 645-2107. �May 3, 2000 THE OPINION 2 The Opinion Co-Editors in Chief: Peter De Wind & Dave A lien News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in theOpinion mailbox located in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to theEditor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its variouscolumnists and contributors. EDITORIAL The Joke's On Us As part of the Opinion's annual April Fool's celebration, we ran a fake front page, complete with a falsified story claiming that UB Law would implement a complete self-study curriculum, in which students would bypass flesh-and-blood teachers entirely and downlload instructory videos off the internet or check out video courses from the law library. The humor, we thought, was in the concept's outlandishness. Little did we know. Less than a week after the Opinion hit the stands, USA Today printed a front page story about the opening ofDaniel Jenkins Academy, a completely cyber high school in Florida. The incoming class of 30 freshment plan to complete their four years of high school by way of their home PC's. School officials are selling the idea as an alternative for students who aren't thriving in a traditional educational environment.Many students can't maximize their potential, they argue, in the midst of overcrowded classrooms, busy teachers, school bullies and bomb threats. Just think, we're told, of students meeting their potential by building their school days around their strengths. They can plug in when they 're most alert. They can focus on a subject for two hours, instead of having to leave when the bell rings after 45 minutes. Or they can switch subjects before they lose attention. Ok, let's see if we have this right. A student can stay up until midnight, wake up at 10, play video games until noon o so, and then, wearing his pajamas, can sit down with a bowl of cornflakes in his lap and go online, picking and choosing what he'll work on and coming and going as he pleases. If I'm an employer, am I going to want this kid? School is more than academics. It's where kids learn socialization skills; where they learn teamwork, routines, deadlines. It's a microcism of the real world, where children build relationships, learn to be leaders, face their fears, make friends, play sports. Let's see a kid build a lamp in an online woodshop class. Or play dodgeball. Driver's ed wouldn 't be the same. Physical schools aren 'tperfect; far from it. But parents aren 't doing their children a favor by trying to sheltering them. Sooner or later htey will have to face the harsh reality of the real world, and cyberschooling only ensures they'll face it unprepared. LETRSHE O DITOR A Call For Mutual Respect Dear Editor: As reported in The Opinion, an unfortunate series of incidents has occurred in the wake of the March 22nd Student Bar Association meeting. While various accounts differ, a cloud of tension remains. We are saddened by these events and troubled by continuing expressions of anger, including ad hominem verbal sparring among several law students. We urge all students, staff, and faculty to help foster a positive learning environment hereand to respect the dignity of others. Anyone who disagrees with or is offended by the actions of groups or individuals in the Law School should address these issues directly and constructively with those persons*involved. Any student may address specific concerns to the Associate Dean for Student Services. Diversity is a signature strength of UB Law School. As the semester draws to a close, we call on all members of the Law School community to reinforce this strength - with cooperation and mutual respect. Sincerely, Nils Olsen, Dean Peter Pitegoff, Vice Dean for Academic Affairs Melinda Saran, Associate Dean for Student Services The Opinion wishes everyone a good summer. �May 3, 2000 THE OPINION 3 A few words from your SBA President-Elect By Emilio Colaiacovo '01 I wanted to take a brief moment to thank everyone for placing their trust and confidence in my abilities by electing mePresident ofthe Student BarAssociation. While everyone keeps trying to convince me what a difficult task it will be, I am looking forward to working with everyone and having some fun. As always, if you have any suggestions or ideas, please let our office know. Because I think the President has a tremendous responsibility to represent and serve the law school community, I hope to use this column next year to keep everyone up to date on what the SBA is doing and what we are planning for each month. Increasing attendance at bar nights, lectures, conferences and other events will be something I will diligently work on with my executive board through- COMMENTARY OBSERVATIONS ON JOB HUNTING by Kevin Hsi '00 Everybody has an opinion about the job search process. The bottom line is that most of us don't like it. Nonetheless, given the anxiety that many law students seem to go through with job searches, here are my two cents on what I've learned over the years about job hunting. (1) Getting a full-timejob as a lawyer is never as easy as you think regardless of what your credentials are just ask some people on law review. (2) On the other hand, don't be ashamed of not having a summer job or a full-time job at this point in time - everyone will eventually find something law-related, depending on how flexible and open-minded they are. (3) Geographical flexibility is often very important when it comes to job hunting. (4) Always do some actual research on a job that you have any interest in - it'll make thtrinterview that much easier when you do get one. (5) The quality-of-life in all law schools will probably bebetter if corporate law firms, honor programs, and clerkships didn't always try to hire people so early in the fall semester (i.e., at the end of the your first or second summer). (6) The legal profession isn't as large as people might believe, so networking is crucial. However, it's always best to network in a manner that you're comfortable with (both socially and ethically) but always try to avoid F.I.S. (First Impression Syndrome) when networking. (7) It's sad but true - there is a pecking order when it comes to law schools but it's definitely not as bad as many students at U.B. may think (unless you're trying to apply to the U.S. Supreme Court). Self-confidence and school pride can go a long way. (8) As many people have told me, a fair number of legal jobs are either highly unpleasant and/or highly overrated to begin with so choose carefully if you can (9) To all lLs: law review, moot court, and high grades are definitely not the end-all, be-all for just about any job. If they were, there's a good chance that you wouldn't really like that kind of job since such the use of such criteria is somewhat superficial to begin with. (10) Finally, as my father has taught me, it's better getting a job that involves doing something that you like so you can do it well rather than getting a job that involves doing something you don't like and doing it poorly. P.S. I'm not going to say "be yourself because you really have to "know yourself first in order to "be" anything. Good luck! - out the year. Yet, there are so many other things I hope to do, and with your permission, I would like to briefly outline them for you. I spoke with Melinda Saran, Associate Dean for Student Services, about what we can do to improve student relations here at the law school. I am sure most of your read last week's rather large article that concerned SBA. I was disappointed with the tone and manner a student used to express his discontent. While we may not always agree with what others say or do, there are appropriate ways to voice such opposition. We need to engender a greater respect for one another. I hope that next year, we can introduce certaineducational components in the curriculum that addresses these concerns. Also, I want to work closely with student clubs and organizations. In order to better promote events, our ex- ecutive board needs to be in tune with what clubs and organizations need. As an executive board, we plan on attending meetings and working closely with officers and advisors. Since clubs and organizations afford students wonderful opportunities to learn and gain experience, I think it would be entirely constructive for the SBA to play a part in assisting these efforts. This year's executive board has done a tremendous job. Whether it has been improving facilities or working with the administration to help students, this year's executive board definitely leaves behind big shoes to fill. I cannot say that everyone will agree with what the SBA does. However, I can assure you that no one will work harder for students than the SBA. I encourage everyone, no matter what the problem, to come and talk to us. We need your input for this law school to succeed. A firsthand lesson in civil disobediance By Charles Cobb '01 As my wife, a friend, and myself exited a metro station in Downtown Washington D.C. last Sunday, we immediately became aware of the magnitude of what we were about to do. Overhead a police helicopter hovered loudly and in the distancethree more could be seen. As we walked toward the Ellipse we saw dedicated activists participating in civil disobedience, in the tradition of Ghandi and Martin Luther King Jr., by blocking an intersection with linked arms and chanting words of solidarity, while others participated in creative street theater or musical acts using nothing more than garbage cans or plastic buckets. The sun was out on a day when rain was predicted and there was not a cloud in sight. Though, the sight of rows and rows of police in "robocop gear" and the deafening sound of the helicopters was certainly frightening, the festivity and dedication ofthe activists reassured us that collectively we would be safe and we would be heard. We walked around the Ellipse to the intersection of 17thand E Sts. where more activists were linked armin-arm in a showing of courage and solidarity. An elderly man, (at least in his late 70's) stood at the end of the line linking arms with a green-haired twenty-something girl with about thirty peircings in her face to his right and a middle aged man wearing khakis and a SEIU Tshirt to his left. The elderly man was tired, small, and frail (he could not have weighed more than 120 lbs.), so much so the others seemed to be holding him up. Yet, he had one of the largest and most beautiful smiles I have ever seen. He exuded hope, youthfulness, and courage that clearly energized those around him. And that energy would soon be challenged in the most brutal fashion. The police had been guarding a gate behind the line of protesters. Shortly after I arrived they opened the gate to allow an unmarked mini-van to pass through. Inside the van a uniformed woman was driving and the only thing obstructing her progress was the human wall of demonstrators. The van approached the line and slowed down appearing as though it would stop. The activists tightened their grip determined to hold their ground. Then it happened - it was possibly the most terrifying and yet powerful experience ofmy life. With tires squealing, the van crashed through the line scattering human beings like bowling pins. The screams and faces of the demonstrators on the line and those on the side of theroad were starkly contrasted with the blank faces of the squad of mounted police lining the street. Luckily the van's wheels did not run over the legs or heads of the prone protesters. Most ofthem were knocked several feet into the air and away from potential injury or death. National Lawyers' Guild legal observers mobilized quickly to take down statements. People from the side of the street ran to reform the barricade as people helped the injured off to the side. So many people ran to solidify the resistance that instead of 40 protesters blocking the intersection, there were now over 300. People sat down and chanted "We're not violent how 'bout you?!" to the rows of police in front ofthem. The response from the police was that they put on large gloves and gasmasks, effectively conveying the message that they were about to "gas" the demonstra- This resulted in even more demonstrators sitting down and joining the chant - with the elderly man in the middle of it all yelling with all his might. It should be noted that the van never stopped and the police at the scene did not move to help the injured. Regardless of whether or not you agree withthe protesters' views (I am willing to bet none of you even know what those views are especially if you have been reading or viewing the mainstream press), as future attorney's you have to and must be appalled! The authorities did not give the demonstrators a warning to disperse, breakuptheline using non-lethal tactics thatkept physical harm to a minimum, or simply detain them! It was an obvious move to harm and intimidate. This is disgusting. And if any of you feel otherwise then you are either discriminating against someone because of his/her views or you are simply hypocritical in your pretence of being conduits of justice as future lawyers. But the revulsion does not end here. Early Saturday morning, the police raided the protesters "convergence center." The convergence center was a house that the protesters were using as a check-in sight and nerve center for the immense effort that they were planning. There, artists worked on monstrous puppets that would be used at the legal rally and parade, they planned parade routs, and they coordinated the civil disobedience. First the fire department entered the house saying that they were kicking everyone out for "fire-code violations" because of the existence of paint-thinner (used to paint the puppets and signs). Noting the obvious pretext of this pre-emptive strike the protesters refused to leave to which the fire department responded that if they did not leave they would call the police to remove them. And how convenient for the fire department that the police were right outside! The police came in and confiscated all ofthe materials in the house, including the immense puppets, signs, and food. Later the police noted that they had confiscated materials that the demonstrators would use to make "home-made pepper spray." This was an obvious lie that any reasonable person woulddetect. First, thedemonstrators in the house were all dedicated to nonviolence. Second, why in the world would anyone use pepper spray against armored clad, gun toting, gas-mask wearing police? It would make no sense! Effectively this usage of "prior-restraint" under the guise of a safety inspection is just plain insulting and unlawful. Finally let me elaborate on one last illustration of the disgusting tactics of the authorities. Sunday's protest had two facets: 1) a legal rally where speakers and musicians energized thousands of demonstrators; and 2) direct action intended to shut down the meetings using civil disobedience. The protesters obtained a permit to have a legal rally on the Ellipse. Yet, the way it was arranged by the police, there was only one way in or out of the "legal area." The rest was fenced off. More than a few people addressed fears that once everyone was at the rally, the police would block the only way out, essentially sealing people in. The showing of dozens of mounted park police and unmarked riot police on the other side of Constitution Aye supported this fear. At about the mid-point of the rally, the mounted police began to march into the legal protest area. Protesters responded by gathering to block their progress. Everyone tors. - (Continued on Page 6) �4 May 3, 2000 THE OPINION Reflections upon a law school career David H. Hawkins '00 fiancee (Teresa Lampley) for without her none of this could be possible, friends and I arrived in Buffalo, New York in late oh yes the Canadian ballet. What I found August 1997, which is the first time I had here at law school was unexpected. I found a surrogate family that cared for, fed and ever been in this part of the state. The sumloved me. Not for what I could do for them, mer weather, fresh air, blue skies and rolling green lawns made the campus appear not for my intellectual acumen, not for what serene, an idyllic atmosphere for learning I had achieved prior to coming to law school, the law. I knew the Lord had this place in but they loved me for me and nothing else, mind for me, because I could not concen- and for that I say thank you! I was blessed trate on learning the law, if I had remained during my time here to meet many people; in New York City. This was a bittersweet a few of whom I can be blessed to say are moment for me, because I would be leavmy friends, who will be in my corner and I ing behind my family, loved ones and in theirs for the remainder of our lives. friends. But I would also leave behind the I was afforded the opportunity to go children I had been working with who are overseas to Johannesburg, South Africa my in the foster care system that I grew to love first year, and work for the South African and who in turn loved and depended upon Human Rights Commission. I had always me. However, I knew that the Lord had wanted to see the continent of my ancestors. placed it upon my heart to work for the poor I was given this opportunity by the Lord who and disenfranchised by effectuating change put me in contact with a man among men, in their lives and communities. This was the Professor Makau Matua. This intelligent, ideal place from which to commence my gifted, gentle, and genuine man gave a first dreams and achieve my goals, considering year student whom he did not know, put his that this school is considered to be the best reputation on the line to recommend me for the job. I don't know many people who school in the state for public interest law. The first person I was introduced to, would put themselves and their reputation that would set the tenor for my first year in on the line, in order for a student to fulfill law school, was an attorney who was a his dream of helping the poor and disenfranformer drug addict and alcoholic. I said chised on the continent of his ancestors. To wow! The school sure knows how to sell him I say thank you. You have been there this concept of becoming an attorney, be- for many of us the last three years and we cause going through law school will drive appreciate all ofthe time and effort devoted an individual to take substances which will to us. alter reality. Getting past this I said wow, I I returned to law school from South am finally fulfilling my dream, and I was Africa, stronger, my focus reaffirmed, with caught up in the mystique oflaw school like a renewed sense of purpose and direction. many other lemmings being led to the My second year in law school was going to slaughter. The best piece of advice I re- be quite different from my first. Instead of ceived while here is "Don't let the bastards being an anal-retentive basket case, whose get your head." I didn't know what that entire focuses and being is wrapped up in meant at the time, but as I traveled this road the law school mystique, I removed myself during my first year I found out. Please al- from any and all negative influences. The low me to digress, one problem first year negative influences I refer to are the sostudents have is that they get caught up in called friends you make during your first what I like to call the law school superioryear, that are not there for you in your secity complex. Where this institutionbecomes ond year. A social Darwinist approach bethe end all and be all for them, this valigins to form and take shape, whereupon you dates their entire being. First year law stu- are no longer useful to them and therefore, dents believe that they are on the top of the you are devalued, disclaimed and discarded. food chain and that everyone they come into These individuals then take on the persona contact with should pay homage to them in (once they make an assortment of moot court some way, shape or form. Well get over boards and journals) that they are better than yourselves, this is a process, not a determi- you in all aspects are, whereupon, you are nant. "...Law school is good for what it not worthy of their precious time. When in does..." as was told to me by an esteemed fact these people are actually phony, insejudge. This institution gives you the tools cure individuals not worth your time, trust you will need to be a practitioner of the craft, or compassion. This new perspective helped but this process does not determine what me decide that; I would "circle my wagons" type of practitioner you will be in the fu- and value the true circle of friends I have ture. Remain focused on the Lord and be accumulated that are genuine in their feelgrateful that he in his infinite wisdom has ings and actions. I knew I had to be a proactive instead given you this extraordinary opportunity, and focus upon his purpose for you, and of a reactive person. I knew that this parwhat you should do with these tools. Get ticular stance would offend many individuout of your comfort zones take a stance on als, who thought I was someone who would issues, challenge authority don't worry not rock the boat or make waves, WRONG! about how people will view you, you can't I was the newly elected president of the please everyone nor should you try. One Black Law Students Association, I decided thing I can guarantee is that everyone will that the organization must become more inrespect you and know where you stand, volved within this institution in order to efdon't remain cowards. fectuate change as well as, to garner some 1 too was guilty of this until 1 learned much needed respect. This approach worked that this is not healthy for you mentally or well in my academic life, and almost as well physically, this cause you to become jaded for BLSA. Many things we planned were and disenchanted with the institution and accomplished, many were not, but all in all the profession. I soon learned what the we were part of the solution instead of beaforementioned "bastards" quote meant. ing part of the problem. This is the point After 1 came to realize that I had to have a where I would like to thank my administrabalanced academic and social life, law tion for all of their hard work and effort. I school became quite enjoyable, dare I say also decided that I would continue to be as even fun! It became fun because I made use confrontational in my second year courses of what other law students fail to use their as 1 was in my first year courses. This parsupport systems. My family, my former ticular stance of course did not make people happy, I was attacked, but unlike many others I decided to fight back. The true measure of a man is not his courage to take a stance while in a crowd; a man is measured when he can stand alone in the face of adversity. I also fought for others who were unfairly attacked for their particular views and their ethnicity. I live by the quote "tell the truth and shame the devil", if this makes people uncomfortable, that's just too damn bad! We all need to be removed from our comfort zones in order to achieve change on innumerable fronts. That's one of the problems we have in this country we all want to compromise ourselves so that we don't offend anyone, even if it is to our mental and physical detriment. In my last year at this fine institution, I reflect upon all of the good times I've had while, also reflecting upon the lessons I've learned, all in all I can say this has been one of the best experiences of my life. But by far the best experience I have had in my short life is experiencing the birth of my lovely daughter, Giselle Ashley Hawkins. Fourteen months ago I was concerned about effectuating change in the lives of others, but my true purpose in life, which is a beautiful gift given to me from God, that is the responsibility ofraising, nurturing and loving another human being. She has taught me the meaning ofunconditional love, and for that I am thankful. I must take this time to give honor and praise to my Lord and Savior Jesus Christ, for without him, truly none of this would have been possible. He heard my prayers and delivered to me these gifts. The times when I would worry about jobs or a class, he would ease my fears, and not allow me to focus upon negative influences. The Lord also removed negative individuals from my life, for which I am grateful, because this law school as well as society in general is filled with these jealous, destructive and deceitful human beings. But I know "No weapon formed against me shall prosper", it won't work. This year has been relatively uneventful, except for th£t fateful March SBA meeting. I have been asked, "If you had to do it all over again, Dave would you?" Yes I would. Certain things need to be said, if that makes you uncomfortable, then maybe you should do some introspection, instead of becoming offended. There are certain times in my life where I am wrong on many different issues and I will be the first to admit this. However, upon the SBA matter, I know I am not wrong in this instance. There was and is a larger issue involved here and I am not afraid to stand by my principles. I will be the bigger person and make a last ditch effort to salvage our relationship or what is left of it, to the two members whofeel they have been offended. The ball is in your court if you wish to reconcile, if not may God keep and bless you on your To my apathetic, disinterested third year colleagues before you go out into the worldask yourself, will I make a difference in society, or will I be just another indifferent, complaining, conciliatory parasite making my living off the various plights of the masses. If you find it fun to go "backward up the cheesegrater" all for the pseudo-fulfillment of "bowing at the alter of materialism" then go right ahead, but this is not my calling. When we return to this beloved institution in ten or twenty years what will we be able to say for our careers, that we made a difference or that we accumulated a lot of really great stuff! Do not get me wrong I like stuff like the next guy, but will that really fulfill me. When I approach the "pearly gates" and St. Peter asks me what I did with my life, I don't want my reply to be I fucked over a lot of people, clawed and connived my way to the top, made a shit-load of money and accumulated a lot ofreally great stuff! Finally, I would like to thank my Parents whose undying love spirited me through my academic career. Grand mothers, Grandfathers, aunts, uncles and cousins for the undying support in my academic life. To my Grandmother Gussie M. Hawkins, what more can be said than thank you so much for everything. To my Aunt Sedera and Uncle Eldred thank you for all of the care packages and financial support. To my Aunt Armentha, who has been my inspiration for so long, and who has been in my corner without hesitation thank you. Finally to Teresa Lampley, who has been with me through three degrees, all ofwhich are half yours; to you I say thank you for everything. I will always love you! I also thank you for giving me the most beautiful gift in the entire world, our daughter. To my cadre of close friends, Tony & the Tribe, Angela & Adrian Jones, Will Marsaw, Jenny Lancaster, Jenny Almanzar, William Hankerson and Kevin Hsi thank you for your love and acceptance of me with all of my faults and frailties, and for not trying to change me or discourage my actions. To anyone I have left out please do not be offended, I cherish you all and do not think I take you for granted because you were not mentioned. Much love to all and farewell. �May 3, 2000 THE OPINION 5 UB Law grad part of Skakel defense team DavidAllen '01 member of the ÜB's Criminal Law Review, Seeger believes it is his legal research and writ- Just two years out of school, a UB Law is playing a major part in what will likely be ing skills that attracted the attendion of the defense team. "The written work is key," Seeger said. A native ofTotonto, Seeger moved to Connecticut after graduating UB Law in February 1998. Since then, he has made headlines with a pair of high-profile cases. In August 1998, Seeger filed a class-action suit against a mall and towing company for immobilizing illegally parked cars with metal 'boots,' and forcing the drivers to pay a hefty fine before releaseing the vehicles. Last year, Seeger filed suit against Con- coined, at least briefly, the 'trial of the new millineum.' Stephan Seeger '98 is part of a legal team defending Michael Skakel, a nephew of Ethel Kennedy, charged earlier this year withthe 1975 murder of a teenage girl "The mediaattention is crazy," Seeger said about the case, adding that a recent court date had attracted more than 100 reporters. Seeger, who practices law in Connecticut, was recruited to work in the case by cohorts of lead counsel Micael Sherman. They were familiar with Seeger's work from trying other cases against him, as well as from his work in a pair of recent high-profile cases. Skakel, who was 15 years old in 1975, is accused of brutally killing Martha Moxley, a 15-year-old girl with whom he socialized.They both lived in the same exclusive neighborhood in Connecticut. Seeger's current role is researching Connecticut's statute of limitations; the defense plans to argue that the state's 5-year statute of limitations covered class 'A' falonies at the time, in which case Skakel could not be tried.A former necticut on behalf of a man who had been listed on the state's internet list of sex offenders. Seeger argued that the site's wording implied that his client, as well as all those listed, were dangerous. He lost the case, which went to the U.S. District Court, but changes in the site's wording to prevent futur suits are being considered. He expects to have better luck in the Skakel case. "Everyone on the team is convinced the evidence is weak," he said, adding that if motions to dismiss are rejected, the trial will probably be held this summer. UB Law grad Stephan Seeger '98 HUMOR Making Sense of the Census Jason Davern '00 The dawn of a new millenniummarks the first time in my existence on this planet that I have personally received a census form. I gazed at the envelope like someone has just handed me a shovel full of dog excrement. With enormous trepidation, I notice the bold-faced type on the envelope reading YOUR RESPONSE IS RE- QUIRED BY LAW." " What the heck am I supposed to do with this alien form? Is it possible to ignore or delete this like junk mail, parking tickets, or a course syllabus? Despite my irritation and confusion about this form, I do comprehend the magnitude and absurdity of this whole process. It has been said that only about 50% of households in Western New York have sent in their census forms to date. Perhaps 50 percent of those households have simply "vanished" from Western New York since 1990 and have since "relocated" to points south or west. I personally do not know of any individual in the past century who has voluntarily come to Western New York and spent the rest of their lives here. Perhaps the lone exception is President William McKinley back in 1901. At the very least, if you come to Buffalo and exit in rather unfortunate circumstances, you will get a nice Washington Monument style remembrance that basically amounts to a "Sorry About That." As I open the form, the Department of Commerce cheerfully writes that this census form is "quick and easy, and your answers are protected by law." Unfortunately, I regret to point out that there is nothing quick or easy about this process. It ishighly dubious that the informationfurnished will in fact be kept private and used for lawful purposes such as gouging citizens through the tax code, facilitating useful "pork" such as bovine flatulence research, and preserving the status quo of the vested interests. Anyone who wants to take a blind leap of faith and trust the government should immediately cease all current activity and check the sky for flying pigs, (especially the "pork" around the legislative epicenters). As I scan the pages, I am so thoroughly annoyed that I enthusiastically shift my attention to the 1040 EZ in a valiant effort to further "master the art of deduction." It is now time to dive into theFederal Census and attempt to comprehend it. The first question asks how many people are living in your household? This is very tough to answer. It varies from hour to hour and week to week. One roommate has since passed the bar exam and moved out to become a Swiss Guard at the Vatican. Another pays rent but is never here.What about weekend guests and ladies who come and go? Is it my civic duty to brag and inflate those numbers so that poor distressed Western New York can receive some more federal pork and maintain the same legislative delegation that passes bills without reading or comprehending them?The classic "more questions than there are answers" dilemma. The other major items on the census form pertain to so many persons and ethnic andracial options. This section frightens me. What if a small child gets their hand on this form and lists his "household" as comprising 90 million people? He could be eligible for his own militry base. If that child making such a disastrous error happens to be Elian Gonzalez, that would give him and his Miami relatives the resources to launch another Bay of All he has to do is say that he has another 90 million drunk uncles and cousins and then there should be sufficient aerial cover this time around. The census form further inquires into how the persons listed on the form are related to eachother in question #2. Appropriate categories to check are husband/wife, child, adopted child, sibling, grandparent etc. I obtained a secret copy of the Federal Census for Mississippi and the categories for relationship with spouse include: sister, uncle, cousin, mother, father, son, daughter, or pet. Also this fom lists Spouse's name, Second Spouse's Name, Third Spouse's Name, and Lover's Name. The Mississippi form also asks about the number of children living in the household, shed, number that are "yours," mother's name, father's name (leave blank if not sure). Another interesting aspect of the Mississippi form is that itasks if you "have a gun rack?" The appropriate categories to check are "yes," "no" and if "no; please explain." Finally, it is worth noting that the Mississippi form inquires about the number of times you have seen a UFO, the number of times in the last 5 years you've seen Elvis, and the number of times you have seen Elvis in a UFO. I will now do my best to make sense of all of the ethnic categorization options available. In the interest of providing entertainment and specificity, I will put in my own ethnic variations. I changed the categorizations on my form to the following: Samoan Salmonella, Vietnamese Ho (sung to the tune of Billy Joel's "Goodnight Saigon") Native Hawaiian Tourist, Japanese Emperor, Chinese Nationalist, Filipino Marcos, Korean DMZ, and Pacific Islander "Lord of the Flies." There are so many groups left out too. What about Mardi Gras Reveler, horny and crooked politician,or "learning disabled Norwegian of Alleutian descent?" I look forward to seeing what new categories the federal government can come up with for the 2010 census. For those of you who have not completed your census forms yet, don't worry. The federal government will find you and be at your door bombarding you with questions on a Saturday morning when you are coddling a hangover. If they ask for your social security number and too much personal information, just shut the door and go back to bed. You can always write about it later. �THE OPINION 6 COMIU NG P Learning About Law, Learning About Life: Reflections from a 3L Kevin Hsi '00 game cook out featuring a chtcken bteast sandwich, choice of hat dog or hamburger, pasta or tossed salad and soft dnnk In addmon, North Aroericare Park bow features a B»soa *s kids' zone, special There will aslo be rueworfcs after the game.Everyone OL"s. ZLs and lL's, faculty) and their family are invjted. See Kelly Zuch Civil disobedience (Continued from Page 3) from black-clad anarchists to conservative union members rushed to the back of the rally to prevent the police from progressing any further into the legal rally. The mounted police attempted to force their way into the crowd but the protesters bravely stood their ground. I was with a 65 year-old ex-nun who I had worked with at the Institute for Policy Studies. She rushed to the front lines of this conflict to prevent the police from abusing their power. There was a standoff for about ten minutes with the protesters again chanting "we're not violent how about you?" and the police screaming at the protesters. Finally one of the cops unleashed a large dose of pepper spray into the crowd which my wife and I got a fair dose of. Yet the protesters did not move and forced the police to back off. It was quite a moment of power for the demonstrators yet it does not erase the despicable acts of the police trying to encroach upon a lawful assembly. These were only a few of the many horrific acts I witnessed during the day and they spawned a powerful anger in me that is unlikely to leave anytime soon. My experiences also fostered this question: what use is the law when it is irrelevant in a situation of public dissent (which is essential to a working democracy) and basic fundamental rights are blatantly ignored? I now realized that the Constitution can be violated by those in power (who are precisely those who the framers wanted to curtail) if it is decided that they need to suppress views that could upset the status quo. What can the law, or specifically we as lawyers, do to prevent this? The answer is absolutely nothing. Maybe five years down the line a court might rule that the police's actions were wrong, but the objective was accomplished - democratic dissent was disrupted (even though the demonstration was overwhelmingly successful). This country has not yet learned from past mistakes such as the Sacco and Venzetti trial, Civil Rights demonstrations, and the Kent State shootings. Ironically, every protester there was fighting to insist that the three most powerful organizations on the planet, the IMF, WorldBank and the World Trade Organization be democratic and thus accountable to the people. All three Organizations affect every single person on this planet, yet they are not answerable to anyone. Do any of you know who the U.S. representative at the WTO is? Probably not, yet this body has overturned laws that our Congress and several state legislatures enacted through democratic processes. Contrary to most published news reports, a majority of the demonstrators were not against "globalization" per se, rather they were against corporate rule over this process which negates democratic processes. And the effects are devastating. Many third world nations are forced to utilize up to 70% of the GNP to pay just the interest on their debts! Thus there is no way that these countries can ever adequately feed, educate, or provide adequate health care to their citizens. Compound this with the fact that conditions are placed on these loans that force these countries to build dams that displace rural citizens, export lumber that were once parks and habitat for humans as well as animals, and cut social spending! This movement is leaderless and limitless. It took hundreds of years of struggle to finally have a country to separate church from state. We now have a movement that is advocating for a separation of corporation and state. History has bestowed us with the great honor of pursuing this goal. I am encouraged by the knowledge that conservatism has always been on the losing side of history because history is inherently progressive. I will forever carry the image of the elderly man with me wherever I go with the hopes that I can live up to his example and show as much bravery as he did when the time calls. I hope to see some of you in Philadelphia in late July and at the Republican national convention and in L.A. in August at the Democratic convention. We will show our elected politicians what democracy is all about! May 3, 2000 As a 3L who will be graduating next month, I want to take this moment to reflect publicly on some of my experiences and observations during my three years at U.B. Law School. To me, going through law school was like being on a roller coaster ride. It was remarkably fast and exciting and filled with more ups and downs and twists and turns than I could have ever imagined. Yet in the end, that roller-coaster ride through law school was also a lot of fun. After all, learning and having fun need not and should not be exclusive from one another. Therefore, to extend the roller coaster ride analogy further, the enjoyment that I got from what could otherwise have been a very nerve-wracking experience was made possible by my attitude while I was in law school. Speaking of attitude, I feel there have been many recent events in the law school that seem to be affecting many students negatively. Simply put, I sense that there are a lot of "bad vibes" in the air and that they go beyond the daily pressures that all law students face. Instead, I am sensing a strong feeling of detachment and disillusionment among many students when it comes to interacting with their peers and perhaps, with the law school in general. Cliques are still common but even more people seem to be going their own separate ways. Also, social interactions between students, faculty and theadministration seem to be declining as well. Most disturbingly, there are also some hidden and some not-so-hidden racial tensions in the air as more and more people of color struggle to define themselves both with the majorityand with one another. Interaction among the three classes (by this I mean lLs, 2Ls and 3Ls) seems to be limited as few social events inside or outside the law school seem to be able to draw much of the law school community together. The reason that I feel the need to mention all this is that my own experience when I first came to U.B. Law School was rather different. For example, here is an excerpt from a article that I wrote for the Latin American Law Student Association's newsletter Palante! during my first semester in law school: "So far, I can honestly say that I have been having a good time in law school. Contrary to what most people say about law school and law students, almost all of the people that I've met so far have been very friendly and helpful. As far as I can tell, the competitiveness between students in the classroom seems very low — thank goodness! The last thing any law school needs is more cutthroats - after all, we all know how many of our fellow pre-law students were like in college. I am especially pleased that so many 2Ls and 3Ls seem willing to go out of their way to help lLs get by law school whether by providing study aids or by holding social events or both. Therefore, I would like to make a request to all my fellow lLs to try their best to try and meet some upperclassmen whether as advisors, friends, or hopefully both. Believe me, you would not be disappointed as there are many interesting and friendly personalities abound in this law school. P.S. - this advice can go both ways and it can apply to the faculty as well." Based on my interactions with my fellow law students this year, it appears that my observations back then would now be considered either naive or inaccurate. I will admit that I was caught up in the law school mystique that many lLs feel during their first semester when I wrote that article. However, I do believe that the "bad vibes" that I've been sensing in this law school are far stronger now than they were three years ago. Now it mayjust be me, but I honestly believe that many of these "bad vibes" that people are feeling comes from the silent attitude that they take in public whenever anything even remotely controversial comes up. For example, the discussion of any is- sue involving race seems especially taboo. The unwillingness of most people to speak up on any controversial issue inside or outside the classroom suggests a deeply-held fear of being seen as a nonconformist or troublemaker. Of course, being a reporter for The Opinion, I have noticed (through our lack of reporters and submissions) that there is an even greater hesitancy for most people to express their views in writing. To me, this selfcensorship is both sad and disturbing. After all, in order to be an effective lawyer, one must be able to relate to people different from oneself. Seemingly unpopular ideas need to be debated and discussed openly and reasonably. Just as important, people (especially future lawyers) need to be willing to listen to viewpoints different from their own. Problems do not go away simply because no one talks about them. Now these observations of mine are not new. In fact, I made many ofthese same observations in the Asian American Law Student Association's newsletter during my second semester in law school. However, I 'm worried that the "bad vibes" I've sensed in the past may be growing and that most students have responded to it by becoming far less vocal and far less social as they move through law school. Now for a profession that expects its members to become forceful (yet ethical) advocates for their clients, why can't most law students be forceful advocates for what they themselves believe in? Is it simply because we're expected to be able to argue both sides ofjust about any given issue? Are we that afraid that our words will be used against us even though our future clients will be paying us to give them an opinion? For my part, I really don't think expressing an opinion on, say, whether or not the actions and attitudes of the lawyers for Elian Gonzalez's Miami relatives are driving down the reputation for all lawyers in this country even further would jeopardize the future career ofanyone in this law school. While in law school, I had the chance to visit and learn about infamous places in Western New York history such as Attica and the Love Canal and I was amazed at the level ofsilence from all parts of the Western New Yorkcommunity when it came to discussing such notorious incidents. I find it especially disturbing that so few people in law school seem willing to debate much less discuss the role that the legal profession and others have played in what many people would view as particularly egregious abuses of state and corporate power. Similarly, most people have stayed silent on the many problems now facing Buffalo. For example, do you know that Buffalo is one of the ten most segregated cities in this country? (What is more important, does anyone care that it is? If so, then speak out about it!) The widespread political apathy in this law school (and many others across the country) is very troubling. After all, apathy and silence have always gone together hand-in-hand. The study of law is an inherently political act since all laws are created either by politicians (a.k.a. lawmakers) or by judges who are either elected or appointed by politicians. As such, trying to divorce the study of law from the political environment from which it comes from is ultimately an exercise is selfdeception. As we all probably know by now, many statutes and cases aren't necessarily drafted or decided with the well-being of everybody in mind (that's one reason why there are so many lobbyists out there). Likewise, there are plenty of individuals and businesses alike whoare willing to pay a lot of money to have laws drafted or applied in a certain way that would benefit them over others. Whether or not we would want to or be willing to represent such clients is something that we should all think long and hard about. After all, if money wasn't an issue, what kind of law would you want to practice? Would you still want to be a lawyer if you won't be well compensated in terms of money? (Continued on Page 8) �May 3, 2000 THE OPINION By Mary Snyder '01 On Friday, March 31, more than 400 UB Law students attended the barrister's ball at the Hyatt Grand ballroom in downtown Buffalo. It was the largest Barrister's Ball the school has ever held, and the most-attended event by UB law students. This year's Barrister's ball was organized by Mary R. Snyder and the Barrister's Ball committee of Jill Skretny, Betsey Snyder and Gabe DiMaio. 7 Student Bar Association President Vincent Gregory, left, and Treasurer John Llera were among the more than 400 students and guests attending the recordsetting Barrister's Ball March 31. Barrister's Ballatrcs4hu0den This year's Barrister's ball was the best one I attended," said Kevin Broch, 3L. "We surpassed attendance at past balls by over 200 people," added Mary Snyder. "We really wanted to get the word out about the ball so more people would attend and have a good time, and it seemed to work. We have received a lot of positive feedback about the event and have already started booking next year's ball. This year's location was more convenient than past balls. In the past the ball had been held at Samuel's Grand manor, which is about 25 minutes from downtown and 20 minutes from school. This made it harder for people to enjoy themselves, and not worry about drinking and driving. The location of this year's ball his year's ball allowed students to get hotel rooms at a reasonable rate so they souldn't have to worry about drinking and driving, and could go out downtown after the ball, without renting a limo. Next year's ball hasd already been booked at the Hyatt for Saturday, March 31, at 7 p.m. It will also last an extra hour this year it ended at midnight and people still wanted more. So next year it will end at - one a.m. "It was a lot of fun organizing this event, and I am very happy that so many peopel enjoyed themselves," sai Mary Snyder. "We hope next year's event will be even better. This year there was a waiting list because we sold out, so hopefully those people who didn't get tickets this year will be first in line next year so they don't miss out!" Top: Barrister's Ball committee members (from left) Betsey Snyder, Mary Snyder, Gabe DiMaio and Jill Skretney take a well-deserved breather. Middle left: A couple enjoys the music. Middle right: Matt Wolf, Mike Hollenbeck and Sheldon Smith wait for their meal. Right: Friends gather for a photo. �May 3, 2000 THE OPINION 8 Learning about law, learning about life (Continued from Page 6) Do you really want to help the rich get richer even though "the poor are still getting poorer" (as a recent song by Carlos Santana points out)? These are questions we all must eventually answer on our own (and the sooner, the better). However, I also feel that all law schools need to address the relationship between money and the law in an open and honest way so that students (and the general public) don't operate under any illusions on what the law is actually about. Of course, there are probably other reasons why there have been a lot of "bad vibes" and I'm sure everyone will have their own explanations. For example, one can argue quite credibly that what is really going on is that the facade of civility is simply breaking down faster as students become more blunt about why many (but not all) of them came to law school (1.c., to obtain a lot of money and/or power (whether real or perceived)). My own view here is that regardless of our differences, it would be far more pleasant and far healthier if everybody were to see each other as future colleagues rather than current competitors. Frankly, the legal profession is very hierarchical and the rules of the game aren't always premised on merit or fairness as Harvard Law Professor Lani Guinier put it so well during her recent lecture in Buffalo. In Guinier's view, trying to get into the power structure in this country - particularly in the legal arena - "is akin to trying to climb backwards up a cheese grater. We can either tear ourselves up trying to get to the top or we can try to work together to change the rules of the game." Yet "bad vibes" aside, I can still state with certainty that I had a good time in law school and I consider myself fortunate for having gone through (and survived) the process. The knowledge and skills that I learned and the close friends that I made along the way are gifts which I would not give up for anything. Likewise, there are many professors whom I shall miss for their advice, support and dedication to their students - I'll refrain from embarrassing them so 1 won't mention them by name. However, I will strongly recommend that all lLs and 2Ls should try their best to establish a collegial, genuine and lasting relationship with at least one professor or instructor. I can't guarantee that it'll be easy but it would definitely make your law school experience so much more enjoyable once you do. Perhaps the main reason I enjoyed going to law school was that it gave me the opportunity to learn so much both inside and outside the classroom. Simply put, I did all I could to take advantage of the wide array of opportunities that Buffalo presented to me. For example, I attended many lectures, workshops and panels and learned about areas ofthe law that I did not have time to learn about in the classroom. I also had the opportunity to meet and interact with many people from both inside and outside the legal profession. For example, my experiences at U.B. have included lunch with Johnnie Cochran and dinner with WangDan (one of the student leaders ofthe 1989democracy movement in China). Not all events were planned either. In May of 1998,1 took part in an emergency rally, along with two law professors, outside the Cheektowaga Police Department to call for the release of Arturo Rodriguez (the president of the United Farm Workers and Cesar Chavez's son-in-law) who had been wrongfully arrested earlier that day. Furthermore, last semester, I got to ask a challenging question (about Augusto Pinochet, the former dictator of Chile) to former president George Bush by using information that I had obtained from LEXIS-NEXIS. I've also kept busy inside the law school as well. I have been active in many law school organizations and I've attended many law school functions as well. For example, during my second year in law school, as the President of the Asian American Law Students Association (AALSA), I helped organize a campus-wide conference on fighting against sweatshops that attracted over 100 people from across the campus and the surrounding community. Over the years, I also had the opportunity to attend and enjoy numerous law school social events such as the Students of Color Recognition Dinner, the Barristers Ball, the Outlaw Dinner, the Faculty Jam, and even the Law School Convocation. I was able to assist prisoners in a legal research course at Wyoming Correctional Facility (next door to Attica) and work with Chinese refugees in Buffalo on their current attempts to gain asylum in the U.S. Likewise, I have remained an active member ofthe National Mobilization Against Sweatshops (NMASS), a New York City based advocacy group at the forefront of the social and economic justice movement in this country. (To see what I mean, check out the NMASS web-site at http:// www.nmass.org - you won't regret it!) In the end, law school, like college, is what you make of it. While it may SBA schedules Decompression Party 2000 The Student Bar Associationhas done it again! For the third annual 'Decompression Party' the board has planned another two- day extravaganza. Both nights' events will be held at thew SoHo in Chippewa Street. The first night's party will take place May 11, from 7-10 p.m. Free beer, cine and soda will be available. The second night's party, May 12, will be held from 9 p.m. midnight, Again, free beer, wine and soda will be available. Free 'Decompression'tshirts will also be available to the first 100 people to show up. Questions about the events can be fowarded to dpolak@acsu.buffalo.edu. The Opinion wishes everyone a good summerf be possible to get by law school completely on your own, I doubt that you will be happier as a person for having done so. Besides, the ability to work and relate with others different from yourself is a crucial part of being an effective lawyer. Knowledge may mean power but it also means nothing if it isn't shared with others. For my part, it was through my active interaction with many different people and my involvement in many different activities both inside and outside the law school that have played such a major role in making my law school experience an enjoyable one. Furthermore, I learned more inside the classroom as a result because my experiences outside law school gave me the opportunity to humanize the issues behind the cases that we studied. As such, my final words of encouragement to everyone are threefold: first, don't get too caught up in the perceived power and mystique of law school and the legal profession. Instead, use the legal knowledge that you are gaining to help address the multitude ofproblems facing society today - doing so will help give you a sense of perspective that would help you get by law school and make you a better lawyer in the process. Second, break the culture of silence and speak up both inside and outside the classroom. Challenge injustice whenever you see it. After all, real learning has always been a twoway street and silence benefits nobody except for those who seek to exploit and oppress others. Finally, remember what Professor Schlegel told many of us during our orientation to law school - "if you can only remember one thing from law school, remember this don't let the bastards get to your head." Having been through three years oflaw school, I will second that statement wholeheartedly. It may not make sense now but, believe me, someday it will (unless you are one of those people to whom Professor Schlegel was referring to). It is my hope that the sense of community (whether real or perceived) that I experienced during my first semester of law school will be more widely felt at U.B. in the future. As such, regardless of what our individual goals are, we should all work together to help create a better society for ourselves and for future generations. I will close by paraphrasing the words of Harvard Law professor Lani Guinier whose recent speech in Buffalo both affirmed and clarified my own view of what true success is all about. As Guinier puts it, the goal for all social justice movements "should not be to reform the existing power structure but to transform from it from top to bottom. We need to get rid of the pyramid approach to power where success is defined by who is on top. - We need to redefine what it means to be powerful and what it means to be successful." University of Detroit Mercy's LONDON LAW PROGRAMME Prepare yourself to practice in the millennium Join us in London to explore the subjects you will need to practice in a global economy while you have your most exciting semester of law school. Your educational experience will be enhanced by dining with the barristers of Middle Temple and through internships at the offices of members of Parliament, barristers and legal departments of international corporations, all while you live (not visit) in London. The UDM Programme is open to second- and third-year students and offers you a choice of fall or spring semesters. University of Detroit Merer School of Law London Law Programme 651 East Jefferson Avenue Detroit, Michigan 48226 MPTS] (313) 596-0264 KMM Internet: capriok@udmercy.edu M | \y e |iS jte: http://www.law.udmercy.edu � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-05-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 10 03.05.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/3/2000 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eba284c7c6f42fb7bc24c7cea2953bff.pdf d9a2513730aea9146b7e6d97721ebbcb PDF Text Text FROM HapyHolidays THE OPINION �Editor -in- Chief Howard Cadmus Supervising Editor Meg Needham Associate Editor Everyone on the Sixth floor of the library two days before this went to print. Everything else Howard Cadmus Photos Eric Usinger and Howard Cadmus Writers: Luke Bassis, Sarah Byrne, Elena Gekas, John Haberstroh, Jason Llorenz, Julie Lombard, Thomas Maxian, Meg Needham, Mary Ognibene, Matt Rich, Stephanie Rohrer, Paul Sanders Who was John Lord O'Brian? An interview with Professor Carr Cry to Father non-denominational holiday Lunch with Dr. Olmert Kenya Summer EDITORIALS Ain't no thing chicken wing What did we learn in school today? Change the Antiwar Message The First Thing We Do, Let's Kill All the Lawyers GROUP POSTINGS \J LoM This is the 53rd volume of the OPINION and this is the second issue. The OPINION is a publication of the university at Buffalo Law School, published monthly during the academic year. Offices are located on the fourth floor of O'Brian hall. Telephone:64s-2147. Mail can be put into box 532. The OPINION is funded by the SBA and is no way responsible for the editorial content, structure, or policy of the publication. Submissions are welcome for the next issue Press run: 600 ezekiel27@vahoo.com of the OPINION. Just e-mail them to �The no good, horrible, terrible, very bad, MPRE experience! By:Howard Cadmus This story starts at the most logical place, the beginning. Thursday the Bth of November was a day like any other here in Buffalo. The sun wasn't shining, the birds were frozen, and many a little law school kid was busy in the library or in class. I, however, was in a car, hunkered down for a five-hour trip, destined for Albany, New York. The drive was uneventful; time was spent wondering why the hell I want to be a lawyer? How taking an ethics exam for me is like telling a guy you are taking him to see pro wrestling and then bringing him to the ballet, and about how a drink at a rest stop cost more then dinner at a restaurant. But, after counting down exits from 50 to 25 I was finally there. When I got to Albany I decided to drive right to my friend's house where I would be staying. The thing about friends is that the ones you remember as being the most fun, the ones you always had a great time with at the bars, you remember that way for a reason. As soon as I walked in the door I was met by screaming, yelling, and a cloud of smoke that made me glad they don't do drug tests before the MPRE. Luckily, according to my calculations I had a good two hours left of the night in which to study. The problem is that no one had told the unruly mob about my plan. So amongst the sounds of guys talking about their fantasy football team or some crap, and the giggles of girls who walked over in less then 40° weather and still managed to wear nothing but tight pants and tank-tops, I sat down and took the practice exams in the back of the B ARBRI book. For the sake of expediency I will skip to the part where I asked, "Where I am supposed to sleep?" The answer as you might have guessed was "the couch," not the new one mind you, but the one from the place we all hung out in during college. The couch was to be the least of my concerns when I learned that they lacked the basic elements needed for slumber, namely a pillow and a blanket. Well this night was getting better and better. So, wrapped in my clothes, with my jacket covering me and a shirt over my face to block out the smoke and lights left on from the die-hard party people in the other room, I drifted off to sleep. After the most relaxing three hours of sleep a person has ever had, I woke up to shower. Now the thing about a bathroom in a house occupied by three guys is, it is not so clean. But, with the shower behind me and my clothes from the night before wet because there were no clean towels and I had forgotten to bring one I was on my way to the test center. When it was go time I stood on line with a bunch of strangers; it was like spending the holidays with a different family, one you have never even met before. Staring out amongst the faces I had two thoughts: man law students are weird looking- and that I did not feel ready for the test. After the whole rigmarole ofchecking the tickets and ushering us inside the room, I settled into my seat and began to listen to the proctor prattle on about this and that until it was finally time to begin. The rest of what I experienced is best left buried where I left it, in that room, and in the deepest recesses of my mind Needless to say the level of confusion I experienced on some problems trying to find an answer choice that was wrong, forget about right, is too much for me to relate. But one hour later...(l know if I fail it is my own fault), I was free to leave. At this point many of you probably have questions about my experience like: why Albany? Why do your friends suck so much? What did you do for the other couple of hours at the party? Well I have a question too; did I pass the freakin test? But I will not know the answer for about a month. At that time feel free to call me or simply ask how I did; chances are if you know me you know I will be more then happy to tell you. Good luck and always be ethical! �Student Bar Association Gets Festive Luke Bassis The second half of the semester has proved to be just as exciting as the first half of the semester for the Student Bar Association. We saw many organizations begin their fundraising efforts in order to meet their various obligations. The class directors also helped to distribute the money that was raised by increasing the mandatory student fee, helping our groups to expand their budgets as well as their ability to operate effectively. We also saw the creation of the Student Bar Association List-serve. The creation of the list-serve was deemed a priority for our administration who noticed that the escalating costs of copies were crippling smaller groups. Now, instead of flooding mailboxes with sheets of paper that many students promptly throw on the floor, an email can be sent to the entire Law Student body with the click of a button. And for those who do not care about what the student groups are doing on campus, and consider the emails a burden, all they need to do is press the delete button. The list is for all students who have an announcement that should reach the entire class and is appropriate for distribution through the Student Bar Association. Just recently, we also took the initiative to try and decorate the first floor and make the lobby of the school a little more festive. While we were hindered by Fire Marshall regulations, the need to be non-denominational, and a small budget, we used the opportunity to show the students that with a little effort, we can make this environment a little more pleasant. Perhaps in the years to follow, the Student Bar Association will spearhead larger campaigns to decorate the first floor and make the entire school a more enjoyable place to be. I must also take a moment to recognize Dean Olsen's commitment to the Student Bar Association and his recognition of the importance of student groups to the Law School community. He has pledged money to distribute to those groups that apply, and express both a desire and a need. This extra little bit of help should make this year the most exciting that the UB Law School community has ever seen. 'Want to see Cess grammaticaC errors andstyfistic mistakes? Join Tfie Opinion staff. Come to 'Room 403, because -with the staff-we have right now, we can't a rousing game ofmonopoCy. �"No Battle of any importance can be won without enthusiasm" By Sarah Byrne Please answer the following question during your break from Dawson's: John Lord o'Brian: (a) was one distinguished cat with an intriguing middle name (b) served the nation by appointment of 6 presidents (c) loved to rock out to Hendrix and Zepplin (d) argued more than 15 cases before the U.S. Supreme Court. I Time's up. Pencils down. So, how did you score? (On the test, not last night...) If you answered either a, b, and/or d, you are correct. As for c, it's a possibility. Though, considering that his prime "rockinout" days probably involved some Irving Berlin and tunes from the Vaudevillian era, I highly doubt it. Read on. Other than now knowing what Mr. O'Brian may have rocked out to - what else should you know about our law school's namesake? Well, to begin with, O'Brian was born in Buffalo, New York in 1874 and graduated from Buffalo Law in 1898. Bet you didn'tknow that O'Brian hall has been around since then! Don't let the drab seventies architecture fool you, or the still-functioning elevators for that matter.... Actually, joking aside, the law school was originally located in downtown Buffalo on West Eagle Street. It was only after the dawn of its relocation to its reigning site that the law school was christened with John Lord O'Brian's name. More about the move in a future Opinion issue. John Lord O'Brian's career existed in many areas of the legal arena. The following is just a sampling of O'Brian's accomplishments: • Appointed by President Theodore Roosevelt to serve as U.S. Attorney for the Western District of New York where he spent much of his time prosecuting cases of espionage and sabatoge; Appointed by President Wilson as head of the War Emergency Division of the Justice Department from 1917-1919; by President Hoover as first assistant attorney general in charge of the Anti-Trust Division; Appointed • Appointed by FDR as general counsel for the Office of Price Management. • • �While holding these public positions, O'Brian also served the Law School in many capacities. Along with his position as a volunteer instructor in Insurance Law, he delivered the Godkin Lectures at Harvard University. Whew! Got all that? Quite an impressive resume. All this, from a UB grad. If that doesn't inspire/motivate you, I really don't know what will. Perhaps Tony Robbins.... In noting O'Brian's record of public service in the twentieth anniversary issue of the Buffalo Law Review, Profession Jacob Hyman spoke of "O'Brian's deep conviction that the lawyer who achieved distinction in the private practice of law was professionally obligated to make his skills available in response to public calls upon them." Couldn't have said it better myself. Kudos to Mr. John Lord O'Brian. what i$ EPiLP? "There is nc justice without equal access" rrTPTr /\ /\ ~? The I illlai( Public Interest Law prcaram is a private, not-for-profit founded in 1979 by law students at IX. 11 111 is dedicated to promoting the practice of public interest law by providing summer fellowships to students who want to work for agencies serving those most under-represented and underprivileged in our communities. In the past, I I ll I has provided valuable placement opportunities locally, nationally, and internationally in areas of law including domestic violence, human riehts, child welfare, housing, disability, homelessness, the elderly, and unemployment. The primary goals of I I 111 are: (1) to promote concern for and participation public in interest legal work by providing University at Puffalo Law students with the opportunity to work in public interest law; (2) to serve as a resource for Puffalo public interest law groups in need of legal personnel by funding legal positions; (3) to educate Euffalo law students of the need and function of public interest law. Each year PI ll F raises funds through an annual auction as well as other student run activities to finance our summer fellowships. In 2001, PI ll T raised over $20,€C€ and sponsored 1C fellowships, several of which were co-sponsored by other ll Law School organizations, such as Domestic Violence Task force, the Clack Law Student Association, and the Latin Student Association. This year the 7th annual CPILP auction will be held at Samuel's Grande Manor in Williamsville on Friday, March Ist. It will be a night of good fun, drink, and a chance to bid on many fun and interesting items. corporation liow you can help: - Cet involved in Planning the auction. We need help making phone calls, sending out mailing, and going door to door getting donations. Make a donation yourself. In the past, students have donated wine baskets, artwork, music lessons, haircuts, books, and new clothing items. Pc creative! lielp us find some big-ticket items. For example, if you know anyone who works for the Pills or owns a bed and breakfast on Niagara on the Lake, ask them if they could donate some autographed items or a weekend away. Purchase tickets for the auction in February. Ifyou would like to help in any way, please contact Stephanie or Elena at the BPILP office at 645-6726. All donations can be dropped offeither in the BPILP office (Room 704) or the CSO office. �4-1 Questions with Professor Car By Julie Lomb^rc} The following is (hopefully) the beginning of a regular series in The Opinion. The idea is to get to know some of our esteemed professors on a more personal level. We begin this week with Professor Carr. 1. How long have you been teaching at UB Law? / began in the fall of 1982, so that would be 19 years. 2. Have you taught at any other schools? No. 3. What brought you to UB Law? Myfather told me to take a job only if it would help you to get a betterjob. UB had an excellent reputation at the time (it stilldoes), and it was the best school that gave me an offer. 4. Where did you grow up? Brooklyn. I was born in Bed Sty and I lived in Crown Heights as well. 5. What were you like in high school? Were you cool or were you a nerd? / didn 't really care for high school. Like every other high school kid in New York City, my biggest concern was acting older than I really was and doing my best to look that way. Hindsight shows me that I was way off the mark. 6. What came next? / was drafted. 7. Can you tell us anything about it? / was nineteen years old. I was sent to the central highlands and to the coast (of Vietnam). I spent 356 days, 11 hours and 20 minutes there. It was a horrible experience. There was absolutely nothing redeeming about it except the fact that I got money from the VA. I would have rather paid them not to go. 8. What came next for you? / went to college at CUNY. A professor of mine kept suggesting I go to law school. I decided to apply, but only to one school, and I didn't even take the LSATs. 1 got into that school (Howard University) and decided to give law a 9. Why criminal law? I found it fascinating in law school. It is basically the underpinning in human experience. I found it much easier to grasp than other legal fictions, like corporations and insurance. 10. You often tell stories about your time at the DA's office. How did that position come about, and what was it like? / held that job from 1977 to 1982. At the time, there was a division in the State Attorney General's Office called the Special Office for Corruption Crimes in the Criminal Justice System. It was myfirst job out of law school. I got the job as the result of an on campus interview at Howard The job itself was in New York City. I liked it because it was more interesting than "traditional" lawyer jobs. The principle defendants were cops, lawyers, and judges. 11. Do you have any interesting stories that you could share with us from your time in that office? There are too many to share. I couldn 'tpossibly whittle it down to any examples. 12. What other jobs have you held? / was a taxi cab driver in New York City part time during undergrad. I didn't like thatjob at all. The cab was too small for me (Professor Carr is tall), and it's a very hard way to make a living. You had to be a hustlerall the time. I didn 't enjoy it. 13. Any interesting stories to share from that experience? None that I care to have published. 14. What was the worst job you ever had? / worked in the mailroom of a book publisher during high school. One day in the elevator, it dawned on me that �there was no otherperson in that entire company that held a position lower then mine. I realized then that I was meant for something different. 15. What are your thoughts on being a lawyer? / think that being a trial lawyer is the most tremendous personal imposition there is. It's not like being a professor. You 'ye always got something going on. You have to be able to juggle endless concerns at once. It leaves no time for anything else. Although, being a trial lawyer is what I do best. I have a fascination with people that can be tricked out of things. People often know very little about what they are doing. (Professor Carr often tells stories about street games such as three card monte. The idea is that the player thinks he knows what he is doing, but in fact, there is no "game" to it. The lead creates a distraction and as soon as the player's attention is diverted, he loses.) Three card monte is something like being a lawyer. As a lawyer, you have the advantage. You know more about how the system works than the person you are talking to. You have a psychological advantage. You even have a physical advantage. You can walk around the courtroom while the person on the stand must sit still. 16. What are your thoughts on the police? Wliere you live says a lot about your impression of the police. Some people grow up looking at police officers as their friends. Where I grew up, the police were basically seen as an occupying force. I grew up thinking that if something went wrong, I was better off trying to get help from a store clerk or a friend. It was less trouble. I give my sons that advice today. You cannot get into trouble with the police if you don't interact with them. (Another hallmark of Professor Carr is his appreciation for a good dessert...) My two favorite pies are sweet potato and peanut butter pie. The best sweetpotato pie can be found at my house, because no one makes it better. The best peanut butter pie is at Curley 's in Lackawanna. I will drive all the way there justfor a slice ofpeanut butter pie and a cup of coffee. Curley's also has excellent Caribbean cuisine. 18. Is Curley's the best restaurant in Buffalo? 19. What's worse Badfood. - bad food or bad service? 20. Do you recycle? Yes. Convenience is no excuse. I always tell my sons that people willfollow you in this world. You shouldn't selfishly consume and waste things. To not recycle is just a selfish indulgence. People should act more communal. 21. Tell us about your sons. / have two boys. Justin is 16 and Spencer is 15. They are both students at Hutch Tech. Justin is driving now, and if there was only one person I would trust behind the wheel it would be him. Several good colleges are recruiting him and he's thinking ofmed school. Spencer is young. He's involved with the drama club. Whatever he decides to do with his life isfine with me. 22. What is your favorite place you've ever been and why? New Orleans. Excellent Cajun food. 23. What kind of music do you like? Jazz and R&B. I also like fusion music, like Herbie Hancock. And Quincy Jones. (Anyone who knows Professor Carr knows that he wears a flower boutonniere every day. I couldn't resist...) 17. Why do you always wear a flower? It's just an affectation 1 picked up in the late 70 's. I used to coordinate my ties with my pocket match. One day, back when I was working in New York City, I was walking back from a victory in a tough case thatfew people expected me to win. I stopped by a florist in the World Trade Center and picked up a flower. Now, I stop in to the Plant Place and Flower Basket on Niagara Falls Boulevard every morning and they pick one outfor me. They know I'm coming. They match it for me. I wouldn 't trust myself to try to coordinate it. There's not too much you can do with a man's suit. There aren 't too many ways to dress it up. Other than that there's no real significance to it. 24. What famous person do you have the least respect for? Rush Limbaugh. He isn't the kind of thinker that he presents himselfto be. Once in a while I will listen to him, just to keep on top of his arguments, but I am always disappointed. I have little respect for his analysis. 25. Who is your role model? / hope that I am a role model to my kids. I'd hope that their role models aren't sports figures or actors. I'm more concerned with being a role model than having one. 26. What one thing do you wish you could possess? Over the years I've learned that things are not so important. Perhaps I could possess more patience. As it is now, I will remember ifyou cross me. I know others who are much more humane in their interactions. �27. What are your thoughts on Michael Jordan's return to the NBA? Not much. I think that it's difficultfor some people to let go of things - especially those who are in the limelight. I think maybe his job is one better left for the younger guys, but his fans seem to be happy. 28. You are a big boxing fan? Huge. I cannot justify it, because it's pure barbarianism, but I enjoy it. I don't really have a favorite boxer right now. There are no greats like there used to be. No more Ali's, Ken Norton's, or Joe Frazier's. That era has gone. Ali changed the sport - he revived it when it was almost dead. That was a hard thing to do. It is a barbaric sport, but there is still a slim reed upon which you can argue that there is some artistry to it. You have to have a plan and be able to execute thatplan. Sugar Ray was smart enough to know that if he was close enough to Haggler (Marvelous Marvin), he could win. It's about the strategy and the physicality of it all. 29. What newspaper do you read? The New York Times if I can. The international section. If I'm reading the Buffalo News (which is only a result of convenience), then I'm reading the regional section. 30. Can you change a flat tire? Yes, but I haven't lately. Myfather told me that if you can get someone else to do it, then it must not be your job. In my nineteen years in Buffalo I think I've changed a tire once, and that was only because I was in a hurry and couldn't wait for AAA. 31. What is the best thing about Buffalo, and the worst? When I first came to Buffalo in 1982, it was not an enjoyable experience. At the time it was the second biggest city in New York, so I expected it to be a lot bigger. But then I had kids, and it is a wonderful place to raise children. My kids spend less time in potentially destructive activities then I did as a kid in New York City, although that is why I like New York City. 32. What is the most significant difference between the legal communities in Buffalo and New York City? New York is more liberal, and it's easier to sell the bizarre there. Concern. The motivation behind it is understandable, but history tells us that it is not a good idea. When I came back from Vietnam, I realized that the public was sold a bill of goods with respect to continuing that war. In some cases the government went as far as lying to the public. I feel that the government must be watched. Sunset clauses are a small source of hope, but not enough. In any event, the sunset clauses should be much shorter than they are. 35. What is the biggest problem in criminal law that you would change? The average person's understanding of it. The average person has unrealistic expectations about what criminal law can provide. They think that a swift and severe reaction means a safer society. They are wrong. 36. If you could change one law, what would it be? In order to make a better society, I would make it possible for everyone to go to law school because it explains philosophical constructs of our society thatfew people have the opportunity to learn. 37. If you were to give advice to UB Law students, what would you say? Every generation feels like the one that follows it doesn't work as hard as those before. I don't know if that's the case, but I would tell students to take this time more seriously. By the time clients come to you, the situation in their life is beyond their control. Out of respect for the client, you should work harder. 38. Who are your favorite Supreme Court justices and why? Douglas, Brennan, and Marshall. Particularly in terms of their philosophy and approach. The difference between conservatives and liberals is that conservatives force their views on everyone, where liberals allow for room on either side. This multidimensional method leads to better results. 39. Would you want to be a judge? No. I don't think it's as much fun as being a lawyer. 40. What would you do if you weren't a professor? / think if I had another career it would be owning something - some kind ofbusiness. It would not be a professional corporation. 41. So what's next? 33. If you could give George W. advice, what would it be? Be more liberal. 34. What is your impression of the current administration's proposals regarding the prevention of future terrorism? Get my kids through college. Then throw my golf clubs in the trunk of whatever vehicle I'm driving and head to someplace that has golf courses open twelve months out of the year. �To: father non-denominationaChoCiday Jronu Suffering Caw students He: Gjetting us stuff (afreestyCe wish Cist) Date: December 2001 of) <y? /J £__ TACTS: lYe are tired. Tiredwe say. Suffering a very Cong time under the "weight ofaCC these Books, Lexis printouts, assorted uninteCCigißCe CegaCramßCings, and a heaven-Coad ofrnaiC lYe've Been good kids, save for that time we faked Being "Dean OCsen to an officiaCvisitor to the Caw schooCi. DISCUSSION: In New york, the courts have ruCedthat Caw students get no parking, have no access to a reguCar oC goodtime, and are severeCy lacking in sCeep. Us v. You. 77 NyS 2d34. (This TCace, 2001). IVhen taken in context, this estaßCishes a weCC-recognizedCegaCandethicaCoßCigation to assist us. See ie., JAUA ruCe 2.154 (proposed). Tursuant to the foregoing facts and Caw, we state (Beg reaCCy) for the foCCowing reCiefin quantum meruit, ringing in tort, and sounding in various criminaCstatutes: s-A 1) (gimme This: JAjoB 2) Some dough...come on...throw us a 80ne... 3)JA repeaC of aCCfinals 4) Trofessors who Cet the class go at n:isJAM, when cCass ends at that time! 5) Grants, not Coans 6) free coffeefor the hard nights 7) Move the Caw schooCto Miami 'Beachfrom Novemßer to May 8) JAn individualparking space right outside the Caw schooCfor every student, or at Ceast the authors of this memo D 19)10) JApuppy (ya gotta have cute) J J CONCLUSION: In Cight of the foregoing facts, we respectfuCCy request prompt deCivery of our humßCe demands. 1 for the record, that was apretty funny moment. FROM TDK MINDS OF: JASON A. inmiixi AM) MAUY o(;mhi:m: �JLSA BRINGS ISRAELI ACADEMIC TO SPEAK AT UB By Meg Needham Dr. Yossi Olmert, a respected Israeli intellectual and expert on the Middle East, came to UB Law last week to speak on the current global situation. Many students, as well as community members, turned out for the speech, filling Room 107 almost to capacity. The talk was sponsored by the Jewish law Student Association, the Israel Student Association, and Hillel, who provided lunch as well. Problems with airport security delayed the speech, but Rabbi Mintz of Hillel filled the time by discussing Olmert's qualifications and beginning a dialogue on the tensions in the Middle East. Rabbi Mintz mentioned that Dr. Olmert was born in Israel in 1950 and spoke several different languages. He graduated from Hebrew University in Jerusalem before receiving his doctorate from the London School of Economics. He has served as an advisor to Prime Minister Shamir and Defense Minister Arens, as well as a faculty member of Middle Eastern Studies. His brother, Ehud Olmert, is the current mayor of Jerusalem. The Rabbi also noted that Dr. Olmert was a sports commentator for soccer games in Israel. He joked that "maybe from the soccer field something can come out, provided that it is a tie." When Olmert arrived, 45 minutes after the start of the lecture, most ofthe audience was still there and anxious to hear his views. Dr. Olmert did not disappoint, prefacing his talk with a caveat that he was not going to be subtle in expressing his position. He would be telling the group exactly what he thought, that "the days ofbeing diplomatic are over." He defined his political position as a mainstream member of the Israeli right, the party of current Prime Minister Ariel Sharon. Dr. Olmert first addressed the terrorist acts of September 11", explaining the Israeli perspective. He insisted that Al Qaeda claims that the attacks were because of Israel were nonsense, as Al Qaeda had never acted against Israel or any Jewish target outside of the Middle East. In fact, Olmert declared that Israel was surprised by the ferocity ofthe attacks, as their intelligence had no familiarity with Bin Laden or his organizations and were not on lookout for them. In his view, the culprits should be destroyed, as "those who are ready to commit atrocities such as this are not likely to be willing to have political talks." Olmert vigorously asserted that the United States must "define properly who are the enemies." Stating it three times for emphasis, he made it clear that neither the world of Islam nor all fundamentalists were responsible for this terrorism, and should not be blamed for the actions of a few. Dr. Olmert then turned his attention to the Israeli /Palestinian conflict. Citing a recent address by Secretary ofState Colin Powell, Olmert asserted that no progress would be made in the Middle East until the violence stopped. According to Olmert, Powell was speaking only to the Palestinians, which was correct "because all the incidents ofviolence are a result of a war that has been waged against Israel by the Palestinian Authority led by Yasser Arafat." Olmert traced the violence to the breakdown of talks at Camp David, where the Israelis offered 97% of the territories in dispute, and "received 150% of the violence." In his view, after Ehud Barak made huge and painful concessions, the Palestinian Authority responded by engaging in a campaign of violence against Israel. For Olmert, offering such a generous settlement offer again would be helping terrorism. His message to Arafat: "Stop the violence immediately because you are losing and you will continue to lose." Olmert made it clear that Israel would not reward the Palestinian Authority initiated violence with negotiations. Olmert also voiced a concern about future negotiations and the trustworthiness ofArafat. He referred to an agreement made in Oslo by previous Israeli governments, where Israel agreed to give up certain territories in return for security. A percentage ofthe territories were returned, but met with violence. Olmert warned that the Israelis had learned from their mistakes in the past and would not trust Arafat again unless he controlled the violence. Speaking from the mainstream right wing, he concedes that there will be a Palestinian state, but is clear that this Israeli administration will never reward violence. Olmert defined terrorists as those whose acts are aimed intentionally at civilians, and claimed that they would be punished one by one. He admitted that Israeli soldiers have also been guiltyof hurting civilians in the past, but that it was never intentional Israeli policy, and was often as a result of self-defense. "In a war sometimes you make mistakes," but the difference is that "we apologize and try to correct them and do not specifically target civilians." Referring to the criticism that Israeli soldiers were attacking Palestinian children, Olmert stated that they would "go after the ones who sent the children." He commented that toward �the end of World War II the Nazis also used children in battle, which did not make their cause any more right. Dr. Olmert then asked for questions from the audience. One student asked how Israel planned to address the problem of Palestinian propaganda, noting that Palestinian textbooks often demonized Israel and essentially taught violence to children. Olmertresponded that such a practice was widespread and not conducive to peace. He connected the propaganda to the Durbin conference on Human Rights held over the summer, where Israel was accused ofviolating the human rights of Palestinians. This led many nations, including both Israel and the United States, to boycott the convention. Olmert strongly supported the boycott, contending that after 50 years ofindependence Israel no longer had to prove herself. He also commented that the convention was sponsored by the UN and called for the destruction of a UN member state. Another question concerned the "97%" Camp David concession that Olmert had referred to earlier. An audience member specifically asked if the 97% wasn't a qualified concession because the disputed territories would be dissected into little settlements. Olmert emphatically responded that "97% is 97%" and that "there is no need to make Trip commented that he had read in the Jerusalem Post that the Arab League is contributing $500 million to the intifada. He asked Dr. Olmert if the Israelis were tracking this money at all. Olmert agreed that this was troubling, but claimed that all the money was interpretations," although the one offered was "factually not true." He stated Israel's claim to the land, from a historical perspective, and asserted that it was "racist to think otherwise." In a related question concerning the Israeli army, Olmert expressed his view that a war in the Middle East could have been decided in 3 hours, save the restraint of the Israeli army. He attributed this to the fact that Israel is a democratic, civilized nation. Despite this, Israel often faces criticism for killing terrorists. Olmert expressed frustration that Israel is blamed "even if we kill a Palestinian crossing the border with bombs strapped to his chest." He defended the Israeli policy of assassinating known terrorists, stating, "95% of attempted bombings were foiled." Olmert was also quick to qualify the policy, making it clear that the Israelis were not advocating the destruction of the Palestinian people, only those organizing and perpetuating the violence. He then referred to the Israeli decision to destroy the nuclear reactor in Iraq, an incident for which Israel was also initially criticized. Amidst applause from the audience Olmert stated that "If that did not happen, there would not be a world going into Swiss bank accounts which could not be tracked, illustrating his view of the widespread corruption of the Palestinian Authority. In the midst ofall of Dr. Olmert's intense political views, he managed to sneak in a few comments about Buffalo. At one point he asked how the Buffalo Bills were doing, and when the audience responded negatively, he suggested that it was due to Mary Levy's absence as coach. He concluded his talk by saying, "Let's hope that the Bills will be the best." While members of the audience may have disagreed with Dr. Olmert's political views, all were thankful for his honesty and straightforward answers. His talk was an excellent opportunity for UB Law students to learn about Israeli politics and foreign policy. now. H Dr. Olmert's final question involved the financial state of Palestinians. An audience member to Israel during this year's winter break The trip is being sponsored and heavily subsidized by the Kibbutz Program Center as well as the Jewish Agency for Israel. The trip offers its participants the opportunity to live and work on a Kibbutz in Israel for a period of one month. Stay for a month on a Kibbutz exploring new horizons, connecting with the Land and discovering yourself. The program will be running from December 24th through January 24th @ Kibbutz Yotveta (famous dairy producer) in the Negev, or Kibbutz Sde Eliyahu (Kibbutz Dati) in the Galil for those ages 18-26. In addition, well. The costs of there will be a number of tiyulim provided for the program participants as food, board as well as insurance have been covered. The only expense left for the participants is that of airfare Jason Orenstein Deadline for Registration is December 7th! North American Director of Student 11 iirs For more information please contact (800) 247-7852 (ulpankad@aol.com) Tal @ the Kibbutz Program Center Israel Aliyah Center 212-318-6136 212-318-6145 (fax) jasono@jazo.org.il 633 3rd Aye., 21st Floor �from Nairobi to Jerusalem By Elena Gekas When people askjus about our experiences abroad Cast summer, Tautand I have a tendency of getting overwhelmedand stopping the conversation short by saying, "'Do you have 2 hours? " ilsuaCCy people don't have the time, so we shrug andtell them that it was great. The problem is how do you condense stillthinkjt is one of the most challenging adventures ofyour life into afive-minute story? Although I impossible, for the sake ofthe Opinion I will try. The story starts during spring semester last year when I began panicking about what I was going to do over the summer. The thought of working in a traditionallawfirmfilled with me with dread, and somewhat nonafter a particularly difficult year ofschool I thought that I needed to explore a internationallaw and about interests in my Mutua traditional legalpath. I spoke with Trof. Makau human rights, and during the course ofour conversation he offered me a summer internship position at the 'Kenya Muman lights Commission in Nairobi. I accepted the position immediately. When I leftfor 'Kenya, my boyfriend(Paulwas planning on spending the summer in ghana and we were going to rendezvous in Israel after both of our internships werefinished in August. The only inexpensiveflight that I could get from 9{airobi to TelAviv in August required that I have a two-day layover in TelAviv on my way to Nairobi. The night before I landedin TelAviv, a 'Palestinian suicide bomber waiting in line at a disco had murdered twenty Israeli teenagers, most of whom were recent emigres from 'Russia. The political climate in Israel was obviously tense andthe security at 35%, airport illustrated just how serious things hadbecome. 'Before being allowed to board myflight to Israel, I was interrogatedfor two hours and taken to a basement room to have my things searched. (My C9@lperception of Israel hadme ejecting a 'war zone'and I was surprised about the relative order in TelAviv, and I spent the next two days in Israel laying on the beach and eatingfalafel, preparingfor the next portion ofmy trip. The two days on the beach in TelAvivgave me time to read more about what things were currently like in 'Hgirobi. I spent a summer in 'Kenya in 1996, andremember 9{airobi as being a somewhat well ordered city. my reading illustrated that 'Kenya was currently in the middle ofsome upheavaland turmoil, andthat Nairobi inparticular had changeda great dealwithin the pastfew years. Many of myguidebooksreferred to Nairobi as 9{airobbery, andmentioned that travelers should not feelsafe walking in most parts of the city. In addition the unemployment rate hadswelled to 50%. In a nutshell these were desperate times in "Kenya and I was nervous about being on my own for a summer in such insecure surroundings. I began wishing that (Paul had taken my advice and spoken to (Prof. (Mutua about a position at the commission. (Nairobi is like any large city in that it isfilled with contrasts, most notably a huge disparity between rich andpoor. The rich have armedguards andchauffeurs driving them around in their'BM'Ws, while the poor are relegatedto a life of desperation on the streets or living in highly volatile slums. It was difficult to handle the intense poverty that I saw in 'Xairobi, especially during the first two weeks. to Little children who lived on the streets, dressedin rags, andcovered with a thickjayer of dirt used follow me around whereverI went telling me that they were hungry. It broke my heart to see these little children hustling, and even worse was the realization that even if I didgive them everything they wanted, there was nothing I could do to change their situation. As odd as this may sound, dealing with the fact that I was a white person in Africa was another hard thing toget usedto. Although 9{airobi is a cosmopolitan city with many expats andforeigners living �there, it was a very rare hour iffive people didnot stare at me (particularly schoolchildren) or make a comment basedpurely on my race, for a white American this is a very interesting feeling. In addition to the fact that people obviously noticed that I was white, I also had to dealwith the set of assumptions thatpeople hadabout white Americans who traveledto (Kenya- most notably that we are all wealthy.Although I have always considered myself to be a broke student, I gave up the idea of trying to explain to people that I had no money andthat I wasn't rich. I guess everything is relative andthis was not an appropriate excusefor why I could not lookjn someone's shop orgive a kid on the street a few shillings, however I didn 't want to propagate the idea of "rich American comes to 'Kenya and gives out money". I hadno ideahow to act, or what my place was as a foreigner. Nairobi is a large city with skyscrapers and tons ofpeople. I had to learn where and what to eat, how to ride a matatu and otherforms ofpublic transportation, where to mail my letters- even the basics felt like an adventure, however, being in aforeign place on my own with no hope of 'blending in' had its downside. One morning I was walking down a busy street in Nairobi whenfour teenage boys who hadbeen sniffingglue and were obviously high, jumped out ofllhuru (Park.(!Freedom (Park) andtried to rob me. I have taken quite a few self-defense classes in the past andmanaged to get away from them without them getting anything. Needless to say, I was shaken up andpreceded to run until I reached an internationalphone. 'Saul was not scheduled to leave for Qhanafor another week.andl decided to call him for a pep talkj, waking up his whole family in the process. 'He was in a deepsleep when I began tellinghim about what happenedandhe interruptedme by saying, "(Don't worry about anything (Kid, I'll see you next week, BfThat was when Ifound out that 'Paul was coming to "Kenya to work_at the commission. finding out that I was going to have my best friend to share this experience with was a realrelief. In addition, I thought that it was going to be interesting to watch "Paulreact to hisfirst taste ofAfrica. It's hard to say that you realty know someone ifyou never see them outside of a specific context, lip untilthe past month I hadnever really seen (Paul outside of (Buffalo, audit was weird to see the person I hadsat next to in Con Law for the past 4 months riding a matatu in Nairobi or eating naoma choma (roast goat)andugali (corn meal) in a local kiosk: "Paulhas an incredible sense of adventure, and although we workedhard at the commission we didtravel on our week&nds andended upgoing on safari in(Masai (Mara during the migration season and went snorkeling in the Indian Ocean. of the reason (Paul and I traveled as much as we didaround'Kenya was because of the tension that we oftenfelt in 'Nairobi. It is hard to be a walking dollar sign andnot to be able to blend in; we constantly hadto be on guard. 'Paul was the perpetualsecurityguardandbuilt up an impressive knife collection throughout our stay, but I thinkthe continuous pressure associated with our safety evengot to him. It got the point where 'Paulactuallypulled a knife out on what turned out to be an undercover policeman who wasfollowing us home one night. (However, thefeeling of being overwhelmed by 'Nairobi was dwarfedby what faced us at the commission. (Part (My first day introduced me to some ofthe problems that the commission dealt with. Within myfirst morning at the commission, I had already sat in on an interview with an "Ethiopianrefugee who claimed that there hadbeen several attempts on his life by "Ethiopian officials, heard the story ofa women whose sons hadbeen murdered by the police after beingframedfor a botched robbery, andthe story of a man whose niece hadbeen caned to death by her teacher infiont ofher entirefourth grade class. After a couple of days of being overwhelmedand confused, I was assigned to the Advocacy department where I concentrated on worker's rights issues. I was then told to start conducting research on the cut flower industry (as in roses and carnations) in Kenya in response to several �complaintsfrom workers about the poor working conditions at the plantations. Upon conducting my research I leamedmany things about the industry that I found somewhat shocking a fewyears ago 29 workers had died of dysenteryin the span oftivo weeks at onefarm because they were not provided with treated water. I aCso sifted through reports of women who had died in their early to mid twenties from complications from prolongedpesticide closure, women who coul-f 10 longer bearchildren due to prolonged bendingand breathing in chemicals. Sexual harassment, 10 to li fumr workdays- all for the pay of between $1 and $2 per day. I acknowledge that living in "Kenya is much cheaper than living in the US-, but even with this difference these are starvation wages that do not allow a reasonable standard of living. Sifter doing all on my preliminary research, I was then sent out to do fieldresearch in the area where most of the flowerfarms are located. I spent four days conducting interviews and focusedgroup discussions with the farm workers, inspecting the childcare facilities, and went 'under cover' onto the farms themselves in order to document the conditions. This workjwas really emotionaland a little hard for me to handle. I was introduced to a lifefardifferentfrom anything I couldhave possibly imaged, andhadthe unique opportunity to place my own issues into perspective. Most of the women that I spoke with were either my age oryounger, but hadalready gone through more stress andfacedmore indignities then I could even imagine. I learnedthat a typicaldayfor a worker meant getting up at between 4 and5 in the morning to either walkjn the darkj-o the flowerfarm or in some cases to be packedinto trucks with 100 other women in trucks that were only supposed to hold6o people, after working ten to twelve hour days, six_days a weekj. these women still couldnot save enough money to sendtheir children to school, eat anything other than simple meals andlive in cramped, unhygienic little rooms. In addition, many ofthese women werefacing very realhealth concerns where blurred vision, miscarriages, prolongedmenstrual bleeding, problems breathing,fainting, andstillborn births were common. Since 60% ofallof the farm workers were casual workers most hadno medical insurance, maternity leave, overtime benefits, andifthey were didnot show upfor workjhey ran the risk.of beingfired. At the Commission 'Paul worked on issues dealing with impunity. He didan enormous amount of research documentinggrave human rights violations perpetratedby 'Kg.nyan officials, andtried tofind some sort ofICTy Milosevich-style solution to the immunitygrantedto these criminals. Towards the end of the trip he engaged infieldwork_out in the "bush" where he investigatedtribal massacres allegedly sponsoredby thegovernment in an effort to alter electoral demography. The Commission had produced a lopsidedreport ofviolence onlyfiom the perspective of the victims. It was (Paul's job toget the perspective of the allegedperpetrators. Apparently it was a wildexperience. 9k attended a peace meeting between two ethnic groups that degeneratedinto afistfight between different parliament ministers; Jk hadhis camera confiscatedby the police for taking pictures of deadbodies; and interviewedallsorts ofinteresting people. Unfortunately, shortly after the trip he ended up in the hospital with agastro intestinal infection as a result ofeating some badgoat, butfortunately he was able to help the Commission adda new balancing dimension to its report. It was a lot to handle and I thinkjiue both felt overwhelmedand guilty when we were in thefield. The worst part about theguilt was the knowledge that we could return to the comfort of our own lives andcouldforget what we hadseen if we wanted to. This experience put our own problems into money or the uncomfortable perspective, and we both thinktwice before complaining about our amount ofhomeworkjwe have to do. 'We now realize how trivial these complaints really are in relation to real deprivation. Ultimately, the two months that we spent at the commission were incredibly rewarding and gave us the unique opportunity to witness a worldradically differentfiom our own. Although I could gloss �over the whole experience by saying that it was eye. opening and unbelievable, the truth ofthe matter is that much of the experience was difficult and uncomfortable. I thinkjt is ironic that when I ted people about some of the things that I saw that they say things like, "you ready know how hard life is forpeople "or "We dan't realize how lucky we are."Okay, yes maybe this is true to a certain extent, but I also realized how little I understandabout the world or why I have to dealwith issues as trivial as not being able to go away for Spring break^comparedto the inability ofworking families to provide enoughfoodfor their children. It's disgusting,embarrassing, anduncomfortable and I still don'tfully understand what it means to be treated as less than a human. Maybe 1saw some indignities, but I still can't understand what it is like not to have the security of my own life here in 'Buffalo. I don't thinkjhat I can ever understand what it is like. Sifter our intense experience at the commission, 'Pauland I hadthree weeks to travel; When our internship was over'Paul and I went to 'Ethiopiafor a weekion a whim andplanned out what we were going to do on the plane going there. 'Ethiopia is a very mysticalplace with its own specific history, and we wanted to jam as much into a week_as possible. We ended upgoing to the Queen of Sheba's palace, seeing where the Ethiopian's believe the arch of the covenant is located, and going to the mountainous town ofLalibela where there are an assortment ofrock-hewn churches that have consistently been in use for hundreds ofyears. We went during the rainy season with only a small backpackjbetween the two of us, andended up trekking through the clouds seeing the most amazing sights andnatural beauty that we had ever witnessed. This short description can't do it justice. Sifter Ethiopia, "Pauland I went Israel to meet up with his family and explore the country. Israel was an amazing place with so much history andI was anxious to see as much as I could. (Paul humoredme and didall of the touristy things around Jerusalem like float in the 'Dead Sea, climb Masada, and explore the old city of Jerusalem. Sifter only a few days ofbeing in Jerusalem, (Paul and I were returning from a day trip near the West 'Bankjivhen our bus broke down in East Jerusalem. Since the beginning of the intifada, tourism has gone down significantlyin this part of Jerusalem andthe local'Palestinian vendors are obviously sufferingfinancially as a result. Our bus broke down near the Mount ofOlives, so while our bus driver was attempting tofixit, 'PaulandI went with a few other backpackers to explore. One of the kids we were with was an 17-year-oldboyfrom 'Korea who didnot speakjnuchEnglish. When he was approachedby a vendor to buy a postcard, he responded that he didn't want one. The vendor kept on persisting andbecome more aggressive andhostile to the point where the 'Korean tourist nudgedhim slightly toget him to step away. This nudge infuriated the vendor andhe began punching the tourist in his face, breaking his glasses and bruising his eye in the process. I really do not know what wouldhave happenedif'Paul(by now the security expert) hadnot intervened. The context andthe quick_course ofevents that lead up to this were all very strange. One of the vendor's friends came up to us andsaid, "'He is not a badperson. Me is just drunkj. andhe does not know what else to do." I can'treally describe how Ifelt about all ofthis except that it stillfelt strange to see random violence, even in a violent place. Little did we know that at almost the exact time that this was happening to us in East Jerusalem, in West Jerusalem a man was walking into a pizza shop with a bomb strapped to his waist. Sifter our bus driverfixed the bus, we began walking down Sen Yehuda Street to do some shopping within a four blockjvicinity of the pizza shop. We saw people running, crying and a wellorderedrelief effort in progress. Ido not speak_9-lebTew andcould not understand what was happening, so (Paul walked into a shop to askjwhat the commotion was allabout. 9le walked out of the shop white as a ghost and said, "Slnother suicide bomb has gone offfour blocks downfrom here. So far, they have reported 9 people dead." �heartbreaking, THscovering that the suicide bomb hadgone off in the Sbarro was one of the. most to shocking, andugly things I hadever witnessed. Ihe mood ofthe city started compCeteCy change for in the air. It me andI saw the trucks fitted with soldiers enter into the area and noticed the helicopters was horrible andconfusing and after standingfor alO minutes in disbelief'Pauland I just walked end,fifteen civilians hadbeen away to chain smoke anddrinkjor the next hour while I cried. In the kitted, mostly women and children. <Paul wanted to stay in Jerusalem to lendhis support, but I to go convinced him that we shouldgo to Eilat andthen on to 'Egypt and spenda few days in Sinai handle staying in snorkeling in the fydSea and to stay in a 'Bedouin hut on the beach. I could not We hours. Jerusalem that Jerusalem after all ofthis hadhappenedand was stillin shock_afterfive to our busleftstation I saw a night on a bus that left at 12:30.!As we walked through the old city toget was scaredshitless. Oddly enough during my few random rockets in the air, heard a fewgunshots, andwalking out oftheir church, speaking greek. moment ofparanoia, I saw three to the to Myfamily isfrom Qreece andhearing this familiar language helped calm me down enough get be spent mindlessly on the beach in 'Egypt. bus station. I definitely needed the next are the ones Although there are many more stories that resulted from this whirlwind experience, those our lives to date. It that standout the most. It was the most confusing, yet enlightening experience of constantly tested the limits of what we couldhandle andleft an indelible maroon our perspectives towards the world. Even though we have been back/orfour months now, it is still difficultfor us to has us with understandall that we went through. 'However, we both know that this experience left be, andhas broadened our many more questions than answers about how the worldis supposed to outlookjowards our lives here in 'Buffalo. �THE OPINION WOULD LIKE TO TAKE THIS PAGE TO PERSONALY THANK THE SBA FOR DECORATING THE FIRST FLOOR LORRY. MAKING ANY PUBLIC PLACE A NON-DENOMINATIONAL HOLIDAY WONDERLAND IS A TUFF JOB. TO THOSE MHO ARE STILL NOT SATISFIED I SAY "GIVE ME A FREAKIN BREAK," A PERSON OF ALMOST EVERY RELIGION AT THE SCHOOL WENT SHOPPING FOR THE DECORATIONS OR WAS CONSULTED REFORE THE FINAL DECISIONS WERE MADE. ■ —*^s P Pal hbP'-.81 non-denominational holiday bush. 81. * < Hi, * , - •*•:. • .' �* -, I 9'm Bloh no! lights! AGAIN, GREAT JOB GUYS! �So, What Did We Learn Today at School? Matt Rich I originally had a different plan for this month's installment of my collection of irrelevant observations. However the last two days have compelled me to write about something different, something that I never really paid much attention to before. I'm sure my other idea will Keep until next month- £o here it is. As some of you might Know, I broKe my right foot playing hocKey. Two great revelations have come upon me as a result of this mishap. First, I should because all the suspense that remains in my hocKey games anymore is which of the never-wases liKe myself brought the beer for afterwards. (Who am I Kidding? I'll never quit. I'm too dumb for that, plus beer rules.) - more importantly, pve come to the realization that those among us with physical disabilities must find it an indescribable daily struggle to get around Oftrian Hall. As if it's not hard enough to be handicapped, it seems that the architectural genius who laid out our little corner of CJB decided somewhere along the line to maKe it extra difficult. To maKe matters worse, it does not seem to me that the current administration has done all that it can to correct this situation. Secondly, and The doctor told me that because of my injury, I would have to Keep all weight off of my foot for at least a weeK. Thus, I have had to use crutches to get around. This has allowed me to see that simple things that fuliy-abied people taKe for granted can be a tremendous burden for our fellow students with disabilities, for example-. & Ok, we all have our complaints with the current elevator situation. However, imagine how difficult it is when the elevators are the only way for some of us to get between floors at CBrian. I've had trouble navigating my crutches on to the now extra crowded single elevator. I can only imagine what it must be liKe to try to get a wheelchair on. & The entrances and exits to the building have been another problem. Only one door each at the front entrance, the entrance to the library, and the bacK entrance is equipped to open automatically. I've found these entrances to be too narrow for me with the crutches. Again, I have to thinK it's an immeasurably more difficult tasK with a wheelchair. 5 Getting around the most important part of school - the library has also proven to be a difficult undertaKing. First of all, to go up to the above floors one needs to go all the way the bacK of the second floor to get on the elevator a long trip that I can ten you I've come to dread. A trip through the stacKs and over booK bags at the second floor computers is not as simple as it seems. Furthermore, the aisles between the stacKs are not wide enough to safely navigate on crutches, much less a wheelchair. 6 The bathrooms are a giant pain too. The doors to the large ones on the first and second floor are way too narrow. I Know because I nearly tooK a header into the towel dispenser on the third floor the other day. The same goes for the bathrooms in the library, and when you combine that with the difficulty of getting up and down on the elevator, the tasK becomes even more arduous. Now, there is a unisex handicap bathroom on the seventh floor, but if you have to go bad you had better hope the lone elevator reaches you sometime before you graduate. £ Lastly parKing has to be the worst of all these problems. LucKiiy or uniucKiiy for me I haven't driven my car because I'm not courageous enough to worK the pedals with my left foot. Let's face it, for all of us parKing at QB is a combination of iuck, sKin at the cat-andmouse game, and straight up disregard for the safety of our fellow drivers in order to get to that last open spot in the jacK Quinn lot (and if you don't Know where that is asK him sometime). I have to guess it's an even bigger nightmare for those with disabilities. I notice Pto - - - - �every day that the two measly handicap spots in front of O'Brian and the spots along the road in front are always full. Is it the same deal for handicap spots as it is for regular ones - as in be here at 6:?5 a.m. or prepare yourself for the inevitable tour of the parKing lots looKing for a spot? 11 So, these are some of the problems. In all liKelihood, come next weeK pii have a nifty air cast and I won't have to worry about any of this. However that wont be the case for our handicapped classmates who have to deal with the aggravation on a daily basis. lot of the problems could be resolved fairly simply. First, tear down that monstrosity of a rotunda or foyer or whatever the hell it is at the front door. In its place put some nice, wide glass doors that can be opened automatically. It'll iook nicer and allow for easier access to the building. Similarly, program the automatic doors at the library entrance to open both of the doors maKing it a lot easier to enter and exit the library. Second, I suggest and I'll admit I'm not aware whether or not this is already done -that disabled students be provided with Keys to the library elevator in order to allow them to get on and off on the first floor. I Know, there are security reasons for not allowing all of us to do this (liKe one of us sneaKing volumes of the Supreme Court "Reporter home for pleasure reading), but pm sure something could be worKed out to maKe sure our disabled classmates resist this temptation. It would maKe it so much easier for people to access the library. Third, instead of dedicating only one bathroom in the building to handicap use, why not outfit them all with automatic doors wide enough to fit a wheelchair through without scraping any paint off of the doorframes? Fourth only two stinKing handicap spots in front of the building? Might it not maKe sense to remove the pristine rocK garden separating O'Brian and Baldy and add a few more spots? I thinK that a - - - It's funny what you realize when something affects you instead of someone else. O'Brian Hall is a building that was designed and constructed at a time when handicapped access was an afterthought. While minor modifications have been made over the years, the place is still pretty difficult to navigate. Our administration needs to taKe a harder iook at ways to improve this situation. And another thingif you only have to go up one floor, taKe the damn stairs. There are others who need the elevator more than you do. By the time you read this, hopefully I'll be on the road to recovery. Just do me a favor and taKe a moment to appreciate the ability to move around with relative ease at school. Then taKe a moment to consider the needs of others who do not enjoy this convenience. Perhaps with a little effort, CJB Law can maKe the situation a little easier on all of us. Aoo&uty fin aduicel TiJc <vte fane fo Aeifr. pinionadvice@hotmail.concr J / �CHANGE THE ANTIWAR MESSAGE John Haberstroh PREFACE: In late October I wrote a short piece on antiwar efforts in the US, which was seemingly superseded by events in Afghanistan. However, as the war there seems only stage one in the Bush administration's "war on terror," I think the ideas presented still need to be heard: The US devastation of Afghanistan has appalled many, but the anti-war movement remains insignificant. Hampering the peace movement is its now standard answer to the question, "So what would you peaceniks do about Bin Laden?" The typical antiwar response, offered by Ralph Nader recently, advocates a "move forward under international law to apprehend the criminals. This is an international crime and we've got to find ways to bring these criminals to justice." - I What's wrong with that answer is and the peace movement itself often emphasizes this point - that apparently there isn't legally convincing evidence for the guilt of Al Qaeda and Bin Laden in terrorist crimes. So, in the antiwar movement response to the Bin Laden problem, we envision his gloomy band of jihadists walking out of court free men. Such an image is a disaster for the peace movement, leading even naturally sympathetic Americans to reject its overall message. (Added later. Alternatively we could imagine a kangaroo court procedure like, say, 'secret military tribunals'.) A sensible antiwar response to Bin Laden's anti-American jihad must treat it as a war to which the US population has a right to respond. Only then should the peace movement add that our right to self-defense must apply only to those who are making war on us. Only Bin Laden and Al Qaeda, not the Taliban, not Afghanistan, and not the Islamic world. In addition, in every protest the peace movement protesters should proclaim the following: .„.,..: ■"' 1. Get Bin Laden! The antiwar movement must articulate a direct Bin Laden solution. Let's patiently track him down, surround his camp or his caves, and capture or kill the guy and his followers. With those we capture, we should put them in prisoner of war camps until we are satisfied they have called off their war. This contrasts sharply with the Bush administration approach, which is not focused on Bin Laden and Al Qaeda. 2. The Taliban is not our foe. Bin Laden has declared a jihad, not the Taliban, and he is the one seen on TV advocating war against the US. The disinformation is thick here but the truth, and the fact that the Taliban repeatedly has offered peace and negotiation, is an effective weapon too. The peace movement can add that the Taliban has already conditionally offered to hand over Bin Laden and continues to wait for the US to negotiate rather than bomb. 3. Respond to terror effectively. Peace protestors should not only point out that the current effort creates thousands of new terrorists, but also stress that an alternative approach would capture and thwart more real agents and acts of terrorism. For example, improved �intelligence and better informants will foil more terror than our bombs ever will. Improved intelligence gathering, as a practical matter, involves better relations with Middle East regimes, including so-called pariah states. If it gets smart, the antiwar movement should be prepared to expand, since the 'war on terror' will be here for longer than Americans want it to be, and increasingly will be seen as a pretext for real, but unpopular, motives for US military presence in Central Asia. Nevertheless, even as the pretext erodes the peace movement must still have an effective, targeted response for Bin Laden's jihad. Otherwise, Americans will think there is no alternative when President Bush speaks leisurely of "a year or two" before we capture him, and Secretary of Defense Rumsfeld muses as if in pursuit of the holy grail. POSTSCRIPT: In November I found a set of suggestions remarkably similar to mine, in an article by Professor Francisco Gil-White of the University of Pennsylvania ("The Strategic Case for Peace" at http://www.psych.upenn.edu/%7Efjgil/usfpolicy.html). As do I, Gil-White writes that his "are not the arguments of a 'peacenik.'" He adds, though, that "in the present case, war is the worst option, even if one limits the analysis to narrow American interests." In honesty, however, the arguments of Gil-White and myself are focused not on "narrow American interests," but simply on what Bush spinmeisters tell us those are. Bush spokespeople say those interests are fighting terrorism and promoting stable democracies. While there likely is little truth in that, the strategic case for peace (unlike the 'peacenik' case) doesn't rely on analyzing or divining what is 'really' going on. Instead we oppose those professed interests with a better strategy. This methodology is essential to presenting the public with an attractive, 'sensible' antiwar message. THE OPINION WOULD LIKE TO ADD THAT KNOWING If ■ gem 9 1 «L �The First Thing We Do, Let's Kill All the Lawyers By Tom Maxian Perhaps killing all the lawyers will make Eric Usinger happy. Mr. Usinger, the author of Never let elitism take hold at UB law, writes: "[i]f there were no laws, there would be no lawyers" and then proceeds to capriciously pigeonhole law students into four categories, offering no support for his conclusions. Well, Mr. Usinger, you forgot a category: hypocrites. Mr. Usinger says that "[l]awyers study the decisions of dead Anglo-white men, whose logic ignored the common sense approaches taken by most other great civilizations[]" and that lawyers ".. .create a system the rest of the world must follow[,] taking a salary from the need they created for their own work." (Emphasis supplied). What Mr. Usinger failed to say, however, is that he has accepted a position with white-shoe firm, a firm that pays a starting salary of $125,000 with a $40,000 non-discretionary first-year bonus. A soon-to-be attorney with a guaranteed first-year salary of at least $165,000 who finds offensive the practice of lawyers charging for their services is not only hypocritical, but also ridiculous. Mr. Usinger has situated himself alongside the nineteen year old from Beverly Hills who protests a meeting of the W.T.O. while wearing Nike sneakers and the vegetarian who attends an animal rights rally wearing a leather jacket. Furthermore, Mr. Usinger's "simple truism" that "[i]f there were no laws there would be no lawyers" is nonsensical. The statement inspires ridicule: no laws is precisely what Dick the butcher wanted when he said "[t]he first thing we do, let's kill all the lawyers", as he and his mates strove toward anarchy in Shakespeare's Henry VI. Is Mr. Usinger so naive as to think his fat paycheck would be safe in his pocket without the protection of laws? Inarguably, laws created by lawyers extended suffrage to all citizens at least eighteen years old; laws and lawyers forced Richard Nixon's shameful resignation from office; and the application of laws by lawyers brought Timothy McVeigh to justice. Moreover, laws born of the "logic" of "dead Anglo-white men" secured Mr. Usinger's right to opine in a public forum, no matter how poorly reasoned his argument might be. In addition, one can't help but question the integrity of a man who calls for what amounts to a society free of laws and lawyers while in the midst of dedicating three years of his life to becoming a lawyer. But wait, the conundrum does not end here. �Next, Mr. Usinger turns his sights on "elitist" law reviews. He asserts that law reviews "are factories, producing un-diverse chains of narrow-minded slaves." Mr. Usinger apparently takes this position based on his view that "[l]aw reviews do not look for the best and the brightest...", but rather predicate membership "upon a superficial writing sample and culturally biased quantitative assessments of academic merit." Mr. Usinger's opinion about law reviews naturally begs two questions: why did he participate in the case note competition? And why is he a member of the Buffalo Law Review? Even more interesting is Mr. Usinger's assertion that writing ability and academic performance are ineffective means to ferret out "the best and the brightest". It seems that assessing one's ability to read, apply legal principles, and formulate legal conclusions (academic performance) along with one's ability to effectively communicate on paper (writing ability) are logical and reasonable areas of inquiry when evaluating one's likelihood of success in the field of law. That most, if not all, legal employers request a transcript and writing sample from law students seeking employment further weakens Mr. Usinger's position. Moreover, do you think Mr. Usinger refused to submit his transcript and writing sample to his firm's hiring committee when requested to do so? Do you think he told the lawyers with whom he interviewed to accord little weight to his grades because they were "culturally biased"? Do you think he kept secret his position on the law review? More troubling than the irreconcilability of Mr. Usinger's words and actions is his belief that the ostensibly uncompetitive academic environment at UB Law benefits either the students or the school itself. First, the administration has eliminated only the practices that it believes foster competition while promoting competition on other fronts. Second, an insular, competition-free world within the law school setting is both ill advised and shortsighted. Had the administration really wanted to eliminate competition, it would have done away with its practice of evaluating LSAT scores and undergraduate GPAs when considering applications for admission. It could have saved itself time and money by simply accepting the first 250 applicants. Additionally, implementing the arcane H/Q grading system did little to eliminate competition. Rather than compete for A's, students competed for H's. Implementing a simple pass / fail system would have been more effective at eliminating competition. More importantly, fashioning a competition-free law school environment does little to prepare students for entering into the legal workplace. The American legal system is founded on the adversarial relationship of the parties. Our system of jurisprudence is competitive on its most fundamental level. Moreover, UB Law students compete for jobs with students from many other law schools. No GPA and no class rank make it difficult to measure a UB student's performance against that of a student from a school that does rank its students. �This, Mr. Usinger, is precisely the reason most students enter the law review case note competition: to make themselves more marketable and to level the playing field as much as possible, not because they are elitists. Whether membership on the law review better prepares a student for legal practice is open to debate; all that matters is what potential employers think: "I prefer that the applicant have had a responsible position on the law review, because I think law review is an excellent teaching device whereby one learns to organize, assemble, and develop one's ideas and to work with other people. Service on law review certainly does not teach one to write sparkling or even interesting prose, but it does teach one to organize and logically developone's train of thought." Chief Justice William Rehnquist discussing the selection of his judicial clerks. Membership on the law review, like everything else in the practice of law, is a strategy: put yourself in the best possible position to succeed. If you think a UB Law student's ability to compete in the legal marketplace is not an issue of concern, ask yourself why the administration switched back to the A/B grading system. Disclaimer: The Opinion reserves the right to edit or censor any personal or inappropriate material that may appear in our submissions. �WINGS OF GLORY: The Paul Sanders Story By Me#Needha*n/ Paul Sanders brought home another victory for UB Law last week when he took first prize at Buffalo Wild Wings chicken wing eating contest. At a pace of 20 wings in just over 4 minutes, Paul was clearly no amateur. Asked how he prepared for this grueling match, Paul credited his practice of continuously eating only as wings meals as the biggest help. He was no doubt also aided by the support of his team, including girlfriend Elena Gekas, roommate Luke Bassis and friends Mary Ognibene and Meg Needham. Elena gave Paul a pre-game backrub to calm his nerves. Luke, serving as Paul's manager, gave an inspiring speech and led everyone in a rendition of the Rocky theme song to further energize Paul. As Paul was called to the table, he engaged in a brief ritual in which he mimed eating chicken wings at an intense speed. Whether this was a last minute effort to practice or a means of intimidating the other competitors is unknown; either way it was certainly successful. For those onlookers unfamiliar with Paul's particular wing-eating skills, the match was fraught with tense moments. Paul started out relatively slow, steadily attacking each wing and chewing it to completion. He was careful to adhere to the requirement that the wings be 90% clean, a rule that his competitors did not necessarily take as seriously. For Paul, the number of drumsticks and the amount of meat on them was especially troubling. As an added distraction, jealous bystanders attempted to break Paul's concentration by calling out that he had a phone call at the bar. Paul, never one to lose his cool under pressure, calmly put down his wing, raised his middle finger in the air, and resumed the contest with renewed vengeance. The crisis was averted. Certainly the other bystanders had a reason to be nervous, once they witnessed Paul's signature move. If the drumsticks had presented a problem, the flat-type wings were Paul's crowning achievement. In a maneuver hereto unseen, Paul cracked open the wing, inserted it whole into his mouth, and removed only the bone. This strategy prompted the crowd (those not rendered speechless) to shout Paul's name in encouragement. The hecklers, obviously unnerved by this spectacular display, responded by chanting "Paul Sucks." Knowing that he was on his way to victory and that the kid next to him was regurgitating chicken wing meat Paul ignored them and focused on the last few wings. The tension was immense as Paul descended onto his final wing. Like Babe Ruth calling his home run, Paul lifted the wing high in the air as a signal to his competitors before finishing it off. The anticipation of the crowd was not lifted until Paul swallowed the meat and flipped over his empty container, ensuring his victory. His winning comment? "This is going on my resume!" When asked about his strategy in the contest, Paul gave credit to his team of supporters for motivating him to success. Luke put on an incredible performance of his own, keeping up a dizzying stream of comments to keep Paul in the game. Remarking that Paul was a soldier and reminding him of where he came from, Luke alone served to intimidate the other competitors. Along with his back-up team of Elena, Mary and Meg, Luke led the crowd in the Rocky theme song one more time. Luke's feat on the sidelines combined with Paul's prowess at consuming the chicken wings left no doubt who the winner would be that night. What prize did Paul receive for his glorious display? Not only was he the proud winner of a $5 gift certificate to Buffalo Wild Wings, he was also invited to participate in the tournament of champions to be held on December 3rd . Paul is aware that he is entering a new territory here and that some aspects of his game need to be refined. A strategy for the drumsticks, which served to slow Paul down, needs to be developed. Paul says that he intends to work on his technique, and is confident that it will be ready by game day. He is also certain to bring his secret weapon an empty stomach to deposit the wings. Certainly the stakes will be much higher at this contest; rumor has it that a ringer who inhales 20 wings in 2 minutes will be competing. The pot is also larger, however - Paul will win a $100 gift certificate if victorious, and take home $25 for simply competing. We all wish Paul luck in this new endeavor, and thank him for bringing the pride back to UB Law. - - - �Colonel Sanders psychs up, Rocky-style, with his crew Waiting in (and for) the wings On a wing and a prayer Victory at last! �Throwing out The Opinion can be hazardous to your � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2001-01-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 01.01.2001 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/1/2001 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a978ff42e9547ff14435c33772af699b.pdf 2756c0c040679b0cf19cd74848f752c1 PDF Text Text THE IMPRE S coming 'What's it like fco live a* Flint; Village? THEOPINON Be'hindfthe scenes look at thejmoot court competition. / The real deal about the lounge. / AND MUCH MUCH MQRE �Editor -in- Chief FEATURES New SBA Reps 4 $15 fee increase 5 Supervising Editor MPRE woes Meg Needham Flint Village 7 8 Lap Tops 9 Howard Cadmus Associate Editor Lisa Danish 10 Presidential address Jessup 12 Everything else Lounge Howard Cadmus Moot Court 14 16 Writers: Mary Beth Brandoni, Luke Bassis, Lisa Danish, Robert Day, John Haberstroh, Lana Huston, Joseph A. Leta, Matt Rich, Joseph Tipi, Sarah Street, Eric Usinger. EDITORIALS Remembering Ist year Elitism 20 22 GROUP POSTINGS Animal Rights Parent Law Student Association Progressive Law Society This is the 53rd volume of the OPINION and this is the first issue. The OPINION is a publication of the university at BuffaloLaw School, published monthly during the academic year. Offices are located on the fourth floor of O'Brian hall. Telephone:64s-2147. Mail can be put into box 532. The OPINION is funded by the SBA and is no way responsible for the editorial content, structure, or policy of the publication. Press run: 1,000 Submissions are welcome for the December issue of the OPINION. Just e-mail them to ezekiel27@vahoo.com �ThE RAmbLings oF an InSanE eDitOr When I was first approached by the high mucky mucks to take over as editor of a "newspaper" that has not published anything or had any active member participation for more then a year now, I was understandably reluctant. But as I got more involved that reluctance turned to hatred and scorn towards myself for ever undertaking such a daunting task, luckily those feelings have passed and have turned into a sense of serf adoration and great personal satisfaction. For those ofyou who would say "Editing is easy" or "I could do that" I say, "It is hard for me so get off my freakin back." Only joking. The real problem was in deciding what topics were important enough to be covered in the first issue, after all. The reason for this magazine is to keep everyone up to date on what is going on with the law school, from group activities and competitions, to good bars, experiences offellow students, and oh so much more. This publication has been around for 53 years and in that time has served as a way for students to voice their opinions and make themselves heard in a sea where individual views are oftentimes drowned out by the waves of pretentiousness and sucked under by the self righteousness ofthose who have come before us in a profession that metaphorically eats its own young. The OPINION is also a way to look back years from now and remember who we were and more importantly who we wanted to be. While it is true that a lot of interesting things were excluded from this issue for lack of space and lets not forget just plain old laziness on the part of our peers who seem to be too busy to write one simple little article sorry again. The point is, yes there is a new beautiful Court Room, and yes professors have been hard at work doing this and that. These things are bound to be overlooked and I am sure as we grow as a magazine and gain experience and staff, we will become not only stronger as a publication but also less likely to end up in that damn paper recycling bin on the third floor next to the mailboxes. Thanks, Howard Dunning Cadmus �(pi ;i> c'<>M'ri<e i< > ii 1 1 RIBBON CABVIF»AIGN WITTIHI A IVIATCJt-LIIVIG DONATION FROM HSBC, WE RAISED IFCMEt TTHHEL RJ£D CROSS Progressive Law Society The mission of the Progressive Law/ Society is to provide a forum where University of Buffalo Law/ Students interested in the furtherance of social justice, civic responsibility, and responsible public administrations, can explore contemporary legislative and social debates and meet to discuss issues. Seme our their nncnminu nroiects include: World AIDS DAY-December 1 OUTLAW Dinner and Celebration Spring Semester Habitat for Humanity volunteer project date TDA Community Service in the surrounding areas - - QuestionsP Call their office at 645-5081, or e-mail Ellen at ekpoch(o)acsu.buffalo.edu Any and all law students are welcome to participate! | �SBA Elections; 19 New Representatives The Student Bar Association held its elections in the beginning of the year and I am sure you are all anxious to know who your Class Directors are. LLM Program Director: Anastasia Ifandis. Third Year Representatives: Dennis Fish, Sheri Crosby, Mike Leventhal, Allison Porcella, Samuel Davis, and Danita Mendez. Second Year Representatives: Sarah Byrne, Levar Burke, Christine Fitzgerald, Susan Pack, Kiki Irving, and Howard Cadmus. First Year Representatives: Ester Eagan, Hope Jay-Homsi, Todd Lewis, Lana Houstan, Indrani Shelby, and Kareema Page. Now maybe it is just the fact that I appear on the end ofthe list for the second yearreps but I have decided not to post the margin by which each of the class directors won. 1 will tell you that voter turnout was very good. These pictures show only 13 out of the 19 SBA Representatives Sorry... sniff sniff. �Student SBA Mandatory Fees Increased By Mary Beth Brandoni In September, UB law Students voted to increase the mandatory SBA fee by $15. This increase, the first in over a decade, raises the yearly fee from $50 to $65. The SBA added this proposal to the ballot due to recent yearly deficits, which have brought about the elimination of some law school activities. The Law School SBA provides financial support for a wide range of student activities and events. Clubs and organizations supported by the SBA include: Asian American Law Student Association, Black Law Student Association, Buffalo Public Interest Law Program, Domestic Violence Task Force, Association of Trial Lawyers, Jewish Law Student Association, Jessup Moot Court, Latin American Law Student Association, Phi Alpha Delta, Criminal Law Society, and the Buffalo Moot Court. Each organization is given between $500 and $4,500 from the SBA annual budget. The SBA provides financial assistance to the Buffalo Environmental Law Journal, Buffalo Human Rights Law Review, Buffalo Women's Law Journal, In the Public Interest, and the Intellectual Property Journal. A total of $5,000 is budgeted for these publications. In addition to organizations and publications, the SBA expends over $21,000 on activities such as the Barrister's Ball, the Students of Color Dinner, Senior Week, and other social events. Moreover, SBA funds enable law students to have access to university wide events, Group Legal Services, UB medical insurance, and the UB sub-board pharmacy. According to the 2001-2002 projected budget, the SBA required a minimum of $72,500 in student fee revenue to maintain its activities. However, the $50 per student mandatory fee only raised $71,000 in revenue. By raising the mandatory fee to $65 per student, the SBA will realize an additional $10,400 by the Spring 2002 semester. The projected $10,400 fee surplus will benefit the SBA and all law students in several ways. The Criminal Law Society will have $750 of its funds restored, after being cut last year. Additionally, several new clubs have been proposed, including: Jiu Jitsu Student Club, Republican Club, Parent's Association, Prison Task Force, and the Sports and Entertainment Law Society. Each new club will be given a base budget of $250. Secondly, the SBA has Allocated $2,000 of the surplus to hire a part-time financial director. Ms. Diane Forrest, a retired Administrative Assistant from ÜB's Comparative Literature Department, has been chosen to fill this new position. Her presence will enable the SBA to more effectively manage their funds and will provide continuity in an organization whose members can offer no more than three-year commitments. Finally, and to some of us most importantly, the SBA has provided money for to be published. Thanks to all of you who voted yes! Opinion the The vote was YES: 186 N0:66 �!• LAST CHANCE TO LOCK-IN THIS SEMESTER'S /-7 /k / DISCOUNT! ■ // &±M • LAST CHANCE TO RECEIVE OUTLINES FOR FINAL • RECEIVE INFORMATION ABOUTTHE MARCH 9 MPRE (JANUARY 29TH DEADLINE) THE LAST TABLE DATES AT BUFFALO: fclijLj Thurs., Nov. 1; Thurs., Nov. 8 & Thurs., Nov. 15 BAR BRI (800)472-8899 nybarbri.com HkHB^BSI^^ JP P^w^^ �New York Makes It Tougher To Pass MPRE By Joseph Tripi As many of you already know, the New York State Court of Appeals has authorized the New York State Board of Law Examiners to raise the passing score for the Multistate Professional Responsibility Exam (MPRE). Presently, a 72 is required to pass the MPRE. However, after the upcoming November 9 exam, a scaled score of 85 will be required to pass the exam. Students who have already taken and passed the MPRE will not be affected by this change. Increasing the passing score to 85 will bring New York in line with many other jurisdictions that already require an 85. There are some states that only require law students to receive a "C" or better in their law school Professional Responsibility C\ass, but we are not that lucky. Rumor has it that eight to ten hours of review is more than enough preparation to pass the MPRE. Bar Bri is running its final MPRE review class Sunday November 4' , and the class should run slightly over four hours. Add another four or five hours of review and that should be plenty of studying to pass the MPRE (if not I'm in trouble). . The final MPRE exam that will reflect a passing score of 72 will be given on Friday November 9 Most of the 2Ls and any 3Ls who haven't already taken the exam will be taking it on this date. Many of your peers will be sweating it out on that Friday afternoon as they attempt to solve the 50 multiple choice questions that will determine if they are ethical enough to practice law in New York State (as if a test could measure ethics). Some of the test centers that UB law students have been "stuck" with include Canisius, b'Youville, the Sheraton in Syracuse, and Albany. Is anything missing? It seems to me that it would be a good idea to have UB as an MPRE test center since it is the only Law School in Western New York. I'm not going to pretend that I have done much research as to why UB is not an MPRE test center, but wouldn't it be more convenient to stay in town and take the exam at UB? Unlucky students who were not fortunate enough to get their first choice test-centers will be able to take a nice ride to Syracuse or Albany on Thursday night or Friday morning. I'm sure they are looking forward to that. Maybe having the discipline to make it to the test center come rain, sleet, or snow is part of the test, but it only adds to the aggravation of having to take the damn test in the first place. th Oh well, good luck to everyone taking the November 9 exam. As for the lLs and other students not taking the November 9 exam, have fun going for the 85 you'll need to prove you are ethical enough to be a lawyer in New York State. �Flint Village Apartments by Lana Huston More first year law students are living on campus than ever before. This is due to the newly erected Flint Village Apartments. Construction ofthe apartments was just finished in August 2001 with a total of sixty-four one-bedroom units, 108 two-bedroom units, and 256 four-bedroom units. Two buildings ofthis complex are set aside specifically for law students. Flint Village is set in a very convenient location for law students, as it is only a short walk to O'Brian Hall. While others are arriving early in the morning to avoid the hunt for parking spaces that are almost impossible to obtain, law students living in Flint Village are justrolling out of bed since they live as close as the "best parking space." This provides for a much more relaxed feeling in law students; a feeling very much desired in their situation. Another hard thing to attain as a law student is extra cash. At a price of$555 a month for a one-bedroom unit and $490 a month per person for a two bedroom-unit, Flint Village apartments are very reasonable for what they offer. The apartments are very spacious, and include many appliances and other added extras. Each unit has a refrigerator/freezer, dishwasher, microwave, and garbage disposal in the kitchen. The living rooms and bedrooms are fully furnished, and utilities (cable TV, Ethernet jacks, phone service, & central air-conditioning) are included. An additional benefit ofliving in Flint Village is the opportunity to reserve the community room. The community room is located in the main building ofFlint Village and is outfitted with a pool table, a fully-equipped kitchen, and a big screen TV. It can be utilized by any resident ofthe village. This room can bereserved for organizational meetings, which are abundant among the law students, or it can just be a place to unwind after a long day's work. Study rooms and lounges are also available in each building of the complex. These rooms are very conducive to studying individually or for meeting with fellow law students. These quiet areas allow law students a place to focus on their work at any time, and can be very beneficial after library hours and close to final exams. Flint Village also groups law students together in a way that can be of great assistance. Whether they just have one question or they want to form a study group, this type of living arrangement allows law students to help others as well as benefit from their support. It also gives law students a sense ofcommunity. They can have a "dorm-like" experience mixed with an independent living style that serves as a good transition from college to the "real world." The only prominent complaints from Flint Village residents relate to the fire-alarm sensitivity and "locked" thermostats. There have been many fire alarms that have gone off because of showers or minor cooking mishaps, but this situation is being looked into and will, hopefully, soon be under control. As for the thermostats, they are set at a default temperature, which can be overridden, but only for four hours. Therefore, mornings can be quite cool at Flint Village. However, this is a small price to pay for the many benefits ofthese apartments. Flint Village gives law students a new alternative in their housing options. These apartments have led to an increase of first year law students living on-campus, and even second and third -year law students have decided to come back from off-campus living to live at Flint Village. The general consensus ofthe law students living at these apartments is that they are very satisfied with them and are planning on living at Flint Village for the remainder oftheir law school years. �INSIDE THE LAW SCHOOL Laptops in the Classroom If only our professors could see what really goes on during class. On our laptop screens, that is. More than just a few games of Solitaire, Minesweeper, and even "Who Wants to be a Millionaire?" have been played during classes that I've attended. 0.X., I confess, during the one semester last year that I actually brought my laptop to class, I proudly displayed my wedding pictures on one occasion. Oh, and then there was that time I did a computer-art rendering of the USS Greenville submarine/fishing trawler incident using the draw feature in Word. But these minor infractions occurred during a lull in Ethics, and during a boring stretch in Contracts. I guess that doesn'treally narrow it down much. Are laptops more of a distraction than they're worth? Perhaps, although primarily to those who don't use them. Maybe it's a bit of envy (oftechnology, oftyping speed, of artistic ability), or maybe there is some actual annoyance going on here (all that clicking, beeping, and the trademarked sound ofthe Windows operating system starting up). In any case, the presence of laptops in the classroom seems to be increasing. My own informal estimate is that anywhere from 20 to 30 percent of students currently use them in class. Tbre are definitely advantages to taking nces on a computer. For one, it greatly failitates the sharing of notes and oulines. E-mailing class notes to fellow stidents takes considerably less time, efort, and cost than borrowing, pbtocopying, and returning handwritten nces. And everyone can type legibly! Plase note, however, the distinction beween legible and intelligible. There ar some very nice-looking notes (fancy foits, bullets, highlighting and stuff) that ccitain errors and misstatements. The daiger is in relying on something that loks professional, but that was, in fact, crated by a student who may not know orunderstand the material any more thin you do. I guess I've become accustomed to seeing laptops in the classroom in the same way that I've gotten used to seeing people walking around and talking on cellular phones. Who knows? Our grandchildren may someday marvel that we ever had to actually attend class at all, as they log into their virtual classrooms from home. (If you're naughty, how do you sit in the corner in a virtual classroom?) ©Robert Day, 2001 (rday@acsu.buffalo.edu) This article was not written during any class taught at UB Law School. Aless well-known advantage oflaptops deinitely worth considering is the ability ofthe user to hide behind the screen, as a set of"Socratic shield," if you will. Lptops, I've been told, don't work narly as well as a "coffee shield," hwever. I have Con Law notes from last yar that are wavy and yellowish-brown aid still smell like Starbuck's Gatemalan Antigua with a hint of hdf-and-half; it made the Commerce Cause really come alive for me. T> me, the biggest disadvantage of using aaptop computer in class is that I prsonally don't have to think much in oder to type. I have learned that I can efectively disengage my brain, while tping whatever the instructor happens tesay. By contrast, I have found that I atually learn and remember more if I hve to write everything down by hand. Ad don't underestimate the value of dodling in the margins. My drawing of \rs. Palsgraf taught me everything I neded to know about proximate cause, aid then some. There are some things tbt you simply can't do with a omputer. DO YOULOVE ANIMALS? If you are a student interesed in joining the animal rights movement have i got a group for you! Any student who wants to help develope a forum for the discussion and promotion of animal rights(not neccessarily law school related), please send an e-mail to Mary Beth at meb4@acsu.buffalo.edu �Presidential Address £y U4u. £*4*U As president of the Student Bar Association at UB Law, I am honored to have the privilege of writing this letter to the students on behalf of the Opinion. First, would like to welcome the Opinion back to publication. The Opinion has a long history at ÜB, and it is nice to see it back in publication, primarily through the efforts of Howard Cadmus. Hats off to you brother, and much luck with the magazine. I This year has seen the creation of the Student Bar Association website, www.ubsba.com, and a massive revamping and simplification of the financial system. Both efforts were due primarily to the hard work of Eric Usinger, the SBA treasurer. Our goal is to integrate the Web Site into the daily viewing of each UB Law Student. It has become a mandatory step in scheduling events. It also has sections for students looking to sell or buy books,, an apartment finder, a forum for student feedback, a job bank where students can write about their summer experiences and read about others, some course outlines, and numerous links to other Law School resources that students will find useful. I This year has already been significant, as sit here in October reflecting on what has transpired since school began. The events that transpired on September 11 have changed our lives forever. Terrorism in its most evil manifestation reached our shores, our lives, and a city I have always called home. The buildings that crumbled took the lives of two friends of mine. Christina Ryook and Aaron Horwitz much love folks, a day will never pass that won't think of you and appreciate the effect you had on my live. See you at the crossroads. I - The terrorist attack brought out a true sense of community among the Law School community. The SBA quickly mobilized to organize a blood drive while selling ribbons and collecting money for the Red Cross. For those of you that were listening, that definitely Eric Usinger and I, who were interviewed from the site of the Red Cross on 103.3. We let all of Buffalo know that UB Law cares and that we are doing what we can to help. I am proud of the dedication and love that my fellow classmates showed in making our efforts a success. Along the same lines, the Jewish Law Student organization organized a tremendously successful Bar Night at Iberia with profits also going to charity to help the victims of the World Trade Center. �Also of significance this month was the passing of a small increase in the Student Activity Fee. This is the fee that makes the SBA function. It is the money that is used to finance all Student Activities and Clubs, Law Reviews and Journals, and Moot Court Competitions. The fee had not been raised in almost 10 years, and the SBA was experiencing a serious tightening of funds. While we have had increased costs, debts, and more organizations, our money has remained the same making more groups fight for less money. It was an ugly situation, and we felt it was time to remedy it. Thank you, classmates, for helping to pass the increase. You will definitely see the difference that small amount of money has made. In addition to the extra money received from the increase in the student fee, the Administrations has agreed to match the increase giving the SBA more leverage than it has ever had to serve the student body. Already on the agenda is the creation of 5 new clubs, spearheaded by mostly first year students, along with funding to the groups that suffered unfair cuts. The rest of the year will prove to be exciting for us all, and I hope you keep us informed as to your needs as students here. Congratulations to the newly elected class directors, please voice your concerns to them, it's their job! The directors: Hope Jay-Homsi, Esther Eagan, Todd Lewis, Lana Huston, Indrani Shelby, Karema Page, Sarah Byrne, LeVar Burke, Christine Fitzgerald, Susan Pack, Kiki Irving, Howard Cadmus, Dennis Fish, Sheri Crosby, Sam Davis, Mike Leventhal, Allison Porcella, and Danita Mendez. The picture of Mr.T will mm fill in for the picture of Luke since i did not get the photo of him that i asked for. �Jessup Board Selects New Members, Regionals and Niagara Cup Teams By Lisa Danish The Jessup International Moot Court Board conducted its intramural competition for second- and third-year students Oct. 2-3 in the Koren Center Rooms of the Law Library. The competition's oral advocacy problem considered the disagreement between two fictitious countries, Septen and Meridian, arising from a revolution in Meridian, a former Septenese colony, and the forced migration of thousands of Meridianese to Septen. Competitors participated in two rounds and were judgedby student members ofthe Jessup International Moot Court Board, headed by President Paige Junker. The purpose of the intramural competition is to select two teams of five members to separately participate in the Spring 2002Regional competition and Niagara Cup competition. The Regional Jessup International Moot Court Competition, held in February, is a qualifying competition for the annual International Competition, which will be conducted next March in Washington, D.C. The Niagara Cup Competition is a self-contained annual competition dealing generally with international law and trade, and will be hosted by a Canadian law school next spring. All team members must contribute to the research and writing of a legal brief or memorial for their respective competitions. Students selected for the Regional Team were: Yolanda Asamoah-Wade, Lisa Danish, Lee Terry and Steve Wells, with Dimitri Verenyov as the alternate member. Niagara Cup Team Members are: Frank Callochia, Megan Molak, Matthew Rich and Dawn Rooth, with alternate Elizabeth Barcena. Additionally, Barcena, Molak, Rooth, Terry and Wells became new associate members of the Jessup Board. While next year's problem for the Niagara Cup competition is yet unknown, the problem for the Regional Competition has been released on the Jessup International Moot Court Competition website (http://www.ilsa.org/). Last year, the team that participated in the regional competition advanced to the international competition. Its members included third-year students Junker, Asamoah-Wade, Nicole Lee and Paul BrodnickL Lee and Brodnicki will coach this year's team."This year we had a great intramural competition - the competitors did a fantastic job," said Brodnicki. "It made our decision to select a team very difficult." This year's Regional Team members have already begun researching for the competition next spring, which involves issues of international law relating to terrorism and extradition, as well as expressive rights and the Internet. Danish and Wells, both 2Ls, will argue for the petitioner; Asamoah-Wade and Terry, both 3Ls, will argue for the respondent. Members of the Class of2004 will have the opportunity to participate in a competition next spring to select a five-member team for the Fasken, Martineau, DuMoulin First-Year International Law Moot Court Competition. Unlike the external competitions for upperclassmen, participants in the first-year competitions are judged entirely on their oral advocacy skills, and are not required to write a legal brief. THE UB LAW COURTROOM �A Little Something for Everyone By Sarah Street I am sure that there are some motivated law students who seek movies that stimulate them academically, make them think; make them question the world around them. Then there are those of us who get enough of those kind of people in our classes and just want to take a break with a cheesy teen flick that doesn't make us think at all. Summer Catch, with the ultimate teen superstars Freddie Prinze, Jr. and Jessica Biel is an excellent choice. Summer Catch focuses on a rising young pitcher looking for his big break who falls in love with a wealthy local girl but who cares about that? There is lots of drama: Will Ryan be able to control his temper (and his pitching) in front of the big league scouts? Will his father and brother rise above their jealousy and lend their support? Will his girlfriend's father accept him for who he is, even though he is their lawnboy? The issues never end. Fortunately there are good-looking people to focus on instead. I particularly appreciated Summer Catch for its sense of equity: Freddie runs around in a thong (his girlfriend's underwear) and Jessica (no longer the minister's daughter) wears a bikini in slo-mo. (For those interested, Matthew Li I lard [the goofy guy from Scream] also has a scene with a thong). The dialogue is highly entertaining as well. If you are looking for a relaxing, ridiculous movie with lines like "You mowed her lawn and now you're going to MOW HER LAWN" then check this out. Or you can just wait until the next cheesy teen movie comes out. I would suggest going to the Elmwood Supersaver on Tuesdays movies are only a dollar and they seem to specialize in the teen dramas we all love. I'm working on a law student discount. - - - - Class Gift Of 2002 The Class of 2002 will be raising money for this year's class gift starting next February. A committee ofthird year law students will be raising the money for the gift through donations by fellow students. The actual gift or gifts that the Class will donate to the law school will be decided amongst the committee, other class members, and the law school administration. The goal ofthe Class Gift for 2002 is to provide something valuable to the law school as well as preserve the memories ofthis class. The class gift to the law school is now in its second year with the Class of 2001 starting the process. Last year 's class was extremely successful in raising money, leading to the purchase of a bench in the new moot court room and travel scholarships for public interest interviews. The Class of 2002 plans on repeating the success ofthe Class of 2001 and hopes to establish a new benchmark in raising money for the class gift. �LOUNGING AROUND By John Haberstroh You probably got the letter in August from Dean Nils Olsen about the law school's "exciting changes your tuition dollars at work." And, even if you didn't read past the tuition increase notice, you couldn't miss the full-color computerized rendering of the exciting new recreation center, with its pool tables and institutional amenities. "It's going to be huge," this rec center, bigger than basement classrooms 10 and 12 combined, according to a perhaps poorly informed confidential source. Dean Olsen vigorously questioned the size estimate, though he would not flatly contradict it, quibbling principally over the word "huge". Nevertheless, law students hold your horses, said the Dean, and read the fine print. It's a 'proposed' rec center, the rendering is prospective, and there are no blue prints. Yes, the plan is to complete the recreation center by the end of the academic year, but "it depends," according to the Dean. "You never know until you start exactly how long the process will take." First the law school needs to get university approval for hiring an architect, who would really take a look at what it takes to build the rec center. There may be hidden or unknown costs and safety concerns. Then UB and the state have to approve the actual project. Money constraints could enter in, though those tuition increases provide independent funds for the project. There are also competing priorities, the Dean said, and the rec center is about third on the immediate 'to do' list. A nearly completed additional classroom in the basement, for example, is a little higher priority. And electrically wiring existing classrooms, especially the larger ones, is a more urgent need. Then comes the rec center, next in line but definitely in the mix. About three years ago, law school heavyweights thought up renovations that would create the rec center, the now finished courtroom, and several new classrooms. Prior to those proposals, for 35 years little had been done with the school's physical plant, Dean Olsen said. However, with funds available from "modest" tuition increases (our tuition "remaining dramatically below that charged by other law schools in New York State," of course), and from the state and supportive alumni, the renovations are taking place as planned. With that track record, bet on a roughly on-schedule rec center. As for how it will be outfitted, and rules (if any) for the rec center's use, these haven't been decided, and will depend on Student Bar Association input, according to the Dean. It is conceivable, for example, that an active movement for ping-pong rather than pool tables might be able to alter the rec center's final design. The Dean commented that video game machines are even conceivable, nice quiet �ones at least, SBA agrees. if the What the life and "culture" of the rec center will be like is still up in the air, awaiting the center's more definite realization. But when that happens, many of the rules for its use will be established by the SBA, not by the law school. It will be the students' space, Dean Olsen said, and students have shown through their use of the first floor lounge that they are capable of using school facilities wisely. But there may be limits. For example, boozing in the rec room will not likely be allowed, despite the following 'more ambiguous than it really is' quote from the Dean: "We'd want to have some control over alcoholic beverages; not to throw a wild party with lots of alcohol. You'd want to know about it. But I don't want to see a headline, 'Dean comes out against student drinking!'" The reality is that alcohol is generally a no-no on the UB campus, and in remarks immediately prior to the above the Dean made clear his uncertainty regarding ... the precise promoted by the Law School administration university-wide alcohol rules, and commented and other student organizations, and in the event of a sick child or family emergency. that this reporter's questions were silly, irrelevant, and/or premature. Nevertheless, the questioning continued, and the Dean was asked whether sleeping might be an okay rec center activity. "Sleeping?" he responded, "No overnights if that's what you mean. But naps, maybe. What, next are you going to ask me about sex?" THERE IS A NEW GROUP IN THE LAW SCHOOL THE PARENT LAWSTUDENT ASSOCIATION Their primary goals are: General advocacy for greater awareness of the issues facing parent law students by fostering a family friendly environment. Our goal is to increase available options related to childcare issues in the classroom setting, at events sponsored or ■ To foster connections between parent law students and practicing attorneys. We will sponsor forums and coordinate speaking events to assist us in negotiating the nuances associated with interviews, internships and job placement focusing on our dual role. To promote connections between parent law students and practicing attorneys with children, to provide mentoring and support. To provide a network of support between fellow law students in this uniquely challenging position. To sponsor child-friendly events as well as adult events to promote a sense of community. If you are interested in joining, helping out, or simply finding out more, contact Hope Jay Homsi at hjhomsi@acsu.buffalo.edu �Fun and Games in the Desmond Moot Court Competition by Matt Rich 'Growing up in Hamburg, you're used to adversity. So sayeth Pat Farrell, my partner in the 2001 Desmond Moot Court Competition. He also said, "you know Matty, if you would have said that we could have quit on Monday night (after the first round), that would have been just fine with me." I guess then it's a good thing that we didn't. It was also a good thing that Pat's übringing on the "mean" streets ofHamburg, New York, taught him to keep plugging when things became a little difficult. What follows is our strange odyssey from a first round whipping to the finals ofDesmond. About three weeks ago, Pat and I decided that we would enter this year's competition. I had a bit of moot court experience from last year, but Pat didn't have any outside of the oral arguments held in his Research and Writing class. To be honest, I didn't really go in to the competition with the goal of winning. I didn't imagine that we had much of a chance. It just seemed like a good opportunity for a little resume improvement and a chance for Pat to break out those fantastic oral argument skills imparted on him by Professor McGarvie last year. We wrote our brief in support of the position of the respondents in the case, the American Civil Liberties Union. I will not bore you with the fine details of the case, but to put it succinctly we were arguing against a law that criminalized certain sexual materials on the Web that might be harmful to minors. Put another way, "we're for porn," as Pat put it. The format of the competition was that we would have to argue twice for out position in the brief, and once for the opposite side - a total of three rounds of argument. However, due to the uneven number of teams in the competition and some below average luck, we had to argue a fourth time - and argue "off brief " to boot. So, we started out on a Monday night against a pair of third year guys who really argued like they knew what they were doing. Pat was pretty nervous when his turn came, and was a little choppy to start. However, in my opinion he settled in quite nicely - despite the fact that the judges (rather unfairly) compounded three separate questions on him at one point and basically gave him the third degree. My turn came, and I did pretty well I thought. The judges tried to rattle me too, but I'm pretty good at asking questions so I held my own. �To make a long story short, we "lost" the first round. I'm not completely sure how the scores are calculated, but it was fair to say that the other team did better. I knew we were still OK because we had two more rounds to go, but Pat was a little down on himself. Like I said, I thought he did just fine. However, he thought that he'd somehow "blown it" for us or something like that. True, he'd made a few rookie mistakes - like using a pile of index cards to organize his arguments and being a little too fidgety at the podium - but again, I thought he did fine. It's a lot harder than it looks. There are so many little things to remember when you're giving an oral argument. Besides the fact that you have to remember your argument and how it is organized, you have to remember a whole bunch of little things such as how to properly address judges, what to do with your hands while you argue, the correct pace and volume of your speech, and to avoid using "uh" a lot (a particular problem of mine). I know these thingsare tough for me, and I had experience in moot court competition. I can only imagine how tough they were for Pat, being that this was his first time in competition. On Tuesday, we were scheduled to argue twice - once "on brief," and once off. Just to illustrate how differently Pat and I were approaching this, he'd spent hours the previous night preparing his argument for the petitioners while I took about 30 minutes on Tuesday afternoon to slap together mine. I'm not saying that one way of preparing was better than the other, it's just that different people approach the pressure of it in different ways. I did, however, get Pat to take my advice on a few things. He ditched the note cards in favor of a four-page outline (two pages too long, I told him, but sometimes you have to pick your battles). I told him to stand steadier at the podium, and most of all, I tried to get him to relax by joking with him before the rounds began. I also took his pen away, so that he couldn't fiddle with his outline any more once the round started (a move we came to depend on as our little good luck charm). So, like any true hard core member of Hamburg's Most Wanted would have, Pat handled his business in both rounds on Tuesday. I could tell that he was growing more and more confident as he got further into each argument. Like I told him, the problem was not that he didn't know his argument, it was just that he didn't completely believe that he knew it. Tuesday night he discovered otherwise. As a result, all I had to do was not screw up. Luckily I didn't, and we "won" both rounds (though I thought it was close both times). We didn't get to eat dinner that night until about 11:00 p.m. As we were eating, the subject of whether or not we would make the quarterfinals came up. I had a feeling that we were going to, because I had thought we did very well that night. Pat asked, "wouldn't it be cool if we got to put on our resumes that we were Desmond quarterfinalists?" I got a chuckle out of that one. Pat grudgingly admitted that he was glad we hadn't quit. I had to agree. On Wednesday, we had to again argue "off brief at 6:30 p.m. Again, we did well and "won." Wednesday was a very long day for me. I had three classes, the last ofwhich was downtown at the Erie County Courthouse. So I had to hustle to get back in time for our round. All I had gotten the chance to eat was a bagel, and I was operating on far too little �sleep, trying to keep up with my regular work during the competition. I know it was the same way for Pat. Believe me when I say that there is no one in this law school who puts in more hours at the library than he does. So, hungry, tired, and cranky, I went over to Jack'sPlace on Millersport where the quarterfinal pairings were going to be announced. Pat was only there for a few minutes, and had to leave before the pairings were announced. Our team was the second one called. I promptly finished my beer and left. We'd made the quarterfinals and tomorrow was going to be another long day. As you might remember, last Thursday was absolutely miserable. It was cold and rainy and windy. The quarterfinals were supposed to begin at 6:00, downtown at the courthouse. Since my apartment was on the way, I told Pat to pick me up around 5:00, because we had to be there by 5:30. He never made it, because the 290 was an absolute mess that afternoon. I left a note on my door, and made off for downtown without him at about 5:25. Let me tell you, I was going just a tad over the speed limit on the 33.1 didn't want to blow it because we didn't show up on time. Well, lots of people were late due to the problems with the roads and the weather, so it all worked out. Pat even got my note. In the quarterfinals, we got to be the respondents again. Pat again stood tall, even in the face of some tough questioning by Professor Finley (she was one of the advisors when the problem was put together before the competition, so she knew the case in and out). I too felt that I had a strong round, and we won another close one. On we went to the semi-finals. We were rushed to another courtroom, told that we were going to have to switch over to the petitioners' side, and given about five minutes to compose ourselves. This meant we had to argue first. We went, and Pat was even better than the last round, despite some landmines that Professor Albert tried to set for him with his questions. I got in all the points in needed to make during my half ofthe argument. Once again it was very close, but we "won" again. Pat put it best by doing his best Van Miller impression: "In dramatic fashion, Matty and Ferris have advanced the finals! It's pandemonium here at Rich Stadium!" I guess were both so overtired that we found this funny. We lost the coin flip, so we were going to have to argue as the petitioners for the final round. To be honest, by this point it didn't really matter because we knew both sides equally as well. We'd argued six times in four days, and there was only one more to go. Our opponents in the finals were Lisa Danish and Julie Atti, both former teammates of mine from last year's Fasken Moot Court Competition. They both had experience and skill, so I considered us to be the underdogs. Pat and I had a chance beforehand to talk over the round, albeit while we were at the gym. We both agreed that our best bet was to stick with our previous strategy - to just do our best and let the chips fall where they may, and for me to take Pat's pen away from him before the round. Once again we went first. Pat was outstanding but for one small mistake. Judge Fuentes, a judge from the Court of Appeals for the Third Circuit, asked him a question directly about my half of the argument. Pat had to defer the question to me, as he didn't know the �answer. Not that I blame him, if I were in his position I would have done the same. Honestly, it was a little unfair for Judge Fuentes to have done that. Not that it was against the rules or anything, but he knew how the issues were divided. It was an attempt to trip Pat up, and it worked. No similar question was asked of our opponents. My turn came, and I gave what I considered to be an average -to- OK performance. I answered the questions asked of me, and sat down. Julie and Lisa went, and both delivered mistake-free performances, as I expected they would. I stood up for my rebuttal, and Judge Fuentes asked me how I would reconcile the fact that some Amish communities might be offended by materials online that more liberal communities would have been comfortable with. I replied that Amish communities weren't that likely to be big Web surfers. It was good for a laugh, and it served to defuse a bit of the tension. When the decision was announced, I was not surprised that Julie and Lisa were named the winners. They certainly deserved it. I was not disappointed one bit. Rather, I was very proud that our team had made it all the way to the finals, and particularly proud that Pat had done so well and improved so much. After the judges departed, Dean Saran came over to congratulate us. Professor Kannar, a favorite of Pat's and mine, also spent a good amount of time talking over the case with us. We appreciated both of them taking the time. So, that's the story. I don't think anyone, much less ourselves, expected us to make it so far. Our congratulations to the winners, Lisa Danish and Julie Atti, and our thanks to the judges, especially those faculty members who helped out. All in all, it was a great experience, although a bit stressful and time-consuming. As Pat so eloquently put it, "Matty, we were pretty hard." Again, I'd have to agree. The Faculty and Board of Managers of UU THE OPINION certify to all that MATTHEW J. RICH AND PATRICK B. FARRELL Are the best representatives ofregular guys everywhere and are hereby admitted the rights and privileges belonging to that achievement given under the Opinion Board seal. YOU GUYS ARE HARD! 10-31-01 Hev+UM^ �The Trials and Tribulations of a Former First Year Or: How I Learned to Stop Worrying and Love Law School Joseph A. Leta The purpose of this article is to give the first years a heads up where I myself was lacking. These are a few of the lessons that I have learned that would have made my life and a few others a helluva lot easier a year ago. If my memory serves me correctly this is right about the time when most first years, including myself are/were asking themselves, if law school was really the right choice. (There can always be a future in comparative religion or linguistics.) Gigantic reading assignments and in depth class discussions, where words like germane and gerrymander get tossed around like a Koosh® ball, boggle the mind. Abstract legal terms and archaic Latin phrases are thrown in and out of conversation as ifthey were common gutter slang. People trying to show off their brilliance in class dominate discussions about tangential issues, while we are trying to keep track of this sordid discussion for some mysterious, mythical exam. Well I want all of you to go to your windows and shout at the top of your lungs, "I'm mad as hell and I'm not going to take it anymore!" (For those of you who don't know I'm quoting Network, it's a good movie, rent it.) The truth is, law school is pretty easy. Now I'm sure not all of my classmates will agree with me on this issue, especially after Mensch's monster Torts exam, but it's really not that bad, as long as you have common sense. First off, law students like to show off by using terms of art; it shows that they know what's going on. For example, you might have heard first years referred to as ll's and so forth. To law students this is perfectly normal jargon, but to the public at large it sounds like an elitist brotherhood. Res Ipsa...whatever. Law students like to use all kinds of words of art, so be prepared; you can either memorize your law dictionary or do like I do and just nod your head when they ramble on, eventually they'll stop. Some don't. Secondly, as you probably notice there are some people that just ramble on in class and have no idea that they are bothering the rest of the class with tangential garbage and what ifs. None of us knew what was going to be tested and these people bring in obscure facts about social justice and deoxyribonucleicwhatever that only they care about. Don't get me wrong-I'm not saying don't talk in class. I couldn't be more against that idea; in fact I talk a lot in class (maybe too much). The key is that there is a fine line between asking questions that you think may matter and adding important things to class discussion versus showing off for a professor who will never remember your name in a year. Good advise to follow, unless you think it's really important or something you really don't understand, SHUT UP!! I feel that the last couple of issues that need to be addressed are the exams. There are legends that have been circulating for years about monolithic exams bringing law students to their knees. I've taken a bunch now and they're pretty easy. The biggest problem is the giant cramp in your hand after 5 hours of writing. I know it sounds harsh �but I hear they're nothing compared to the BAR (sounds ofmenacing music in background). There are a couple ofkeys to passing (and getting a good grade) on your first year exams. People ask me all the time, "do you really have to do all the reading?" and I answer yes and no. Ifyou want to be prepared for class and go in with a little better knowledge on the exam, then do all your reading. If not, don't read. All you really need to pass the exams are the outlines and going to class helps. Now I really wouldn't suggest not reading, but the outlines really do make things a lot easier. You make the choice. Outlines are the magic of law school, they turn 8,000 pages of legal crap into a handy, little user-friendly format. Outlines are the Spanish fly of the second and third years to coerce naive first years, who want to pass, into bed. By sleeping your way through the second and third year class you can get a wide variety of outlines covering every reading, footnote and cough that a professor made in class. If you feel like being Eva Peron the keys to the law school kingdom are yours. Therefore, you may ask yourself, how else can I pass without whoring myself out? Well that's a good question; there are a few options. You can pass the old fashion way by spending hours in the library cross referencing law review articles and making your very own outline. You may find a benevolent second or third year that is willing to give away their outlines for free... wait I'm sorry that's really not an option. Finally, you can do it the way I did it, have your friends sleep around and get the outlines from them. It's quick, it's easy and you don't have to make a trip to the doctor when you done. Finally the issue of late grades. You take a five hour-long exam, writing the whole time and you don't get your grade until 3 months later. These three months are spent by your poor professor trying to decode the chicken scratch that gets exponentially worse throughout the exam. Some may say that it's their fault for being masochistic in the first place and giving such a long exam, but that's for another article. For the first year whose future depends on these very significant grades these three months can be nerve racking. Therefore, I will offer a few suggestions to ease the tension. I find a little Johnny Walker Black on the rocks works justright to ease scholastic tension. If you're more of a gin person try Tanqueray 10, either on the rocks with an olive or in the Gimlet format both work well with this fine gin. If vodka is your bag, there is no other way to go than the French gold, Grey Goose. Grey Goose also goes well over the rocks or in the Gibson format with some cocktail onions. If all else fails, Long Island Ice Teas have your name all over it. Within no time you will forget your grades and be in your happy place. With that said, I wish all of you luck and if you need any outlines, look me up. �BAR REVIEW In a mission to discover knew places for UB Law students to venture to, Elana Tsougranis (3L) and Seth Weinstein (2L) have put together a review of some ofBuffalo's finer watering holes. J.P. Bullfeathers (886-1010), located at 1010Elmwood Avenue in Buffalo is classier than the typical college bars on the Elmwood strip but casual enough for a get together with lots offriends. Bullfeathers is open everyday from 11:00 am to 4:00 am and food is served until 2:00 am. Drink specials include 2 for 1 draft and well drinks from 3-7 and varying specials after 11. Each bartender also has his or her own special concoction. Bullfeathers menu is pleasantly extensive and reasonably priced. We suggest the French Onion Soup and Chicken Bella Donna for a filling dinner. The weekends are when J.P. Bullfeathers really shines. On Friday and Saturday night, one can order from a large and mouthwatering Prix Frixe dinner menu that includes a selection of three courses for $19.00. Ifyou're one of those people who just can't let the weekend go, head to Bullfeathers on Sunday night for live music from 11:00 p.m. on and a guaranteed fun time. The Left Bank Restaurant (882-3509) on 511 Rhode Island St. is a little off the beaten path but well worth the effort. The restaurant has an intimate atmosphere and a worldly selection of drinks. The menu is creative and tantalizing and will not force you to run to the bank for loans. To score with your date, the Left Bank is the place to go. M.T. Pockets (838-4658) was the highlight of our night. It is located at 1519 Hertel Avenue. Although the menu is limited, bartender Butch easily makes the best steak sandwich in all of Buffalo. "This is no Steakum folks." In addition, the Italian Sausages are a favorite of 3L Don Frey. He noted "It was great, better than my own." Specials are 2 for 1 well drinks and drafts from 4-6 Monday through Friday. While your there, ask Butch to make you a Watermelon Pucker shot and you won't be disappointed. M.T. Pockets is an all American bar that is a great place to watch a game and kick back with friends. �If you head to B.S. Bailey's (874-7766) at 2147 Delaware Avenue you are sure to run into reviewer Elana. She claims that Bailey's is the best bar in the world and with bartender Dan serving beer on his head it is hard to argue with Elana's assessment. Bailey's is open from 4 to 4 daily and always has varying drink specials. Food is not served but Bailey's has a well-stocked jukebox, pool table and Kenmore's answer to Stomp - Roberto. A good place to find these and other bars on the web is: http;//allwny,CQm/Nightlife.html. Or I guess coming back next month and reading this column again works too. MOW FOR SOMETHINGDIFERCNOTMPLY The College Republicans have invaded ÜBLaw! Greetings from a Republican. That's right, a Republican. There actually are some within UB Law School. While conservative thought may be a minority idea in one of the more liberal law schools one can find, the UB Law School College Republicans have taken form this year. We have wasted no time in forming a solid relationship with the county Republican Party. We have already started working with them and look forward to working with them in the future. For now, the focus is on local political campaigns. We have had the opportunity to meet a number of influential individuals within the party. Our post election plans include bringing speakers to UB Law, some political, some of a general interest. Keep your eyes peeled for a Rally for America that we will be sponsoring. We wish to support our troops overseas and also help with the reliefeffort in NYC though the sales of "United We Stand" bumper stickers. So far, we have accomplished a great deal, and are having a lot of fun doing it. We look forward to being an active club within UB Law, and the surrounding community. If anyone is interested in joining us, or simply have any questions or comments, please e-mail Chairman Bob Richardson at rnrfa)acsu.buffalo.edu. �Never let elitism take hold at UB Law unwarranted romanticism. But is the lawyer's job really that important? By Eric Usinger What makes a lawyer better than most others? It can't be his or her level of every which education, individual has the potential to worldly attain. Is it understandings and life would most experience? I certainly argue that there are many other professionals with more knowledge of the great cultural diversity within our society and the depth of understanding needed to be a well-rounded citizen. What could this Why be? are difference lawyers given such status within our culture? There can one answer: only be Perception, I say, pure and simple. Lawyers are elite members of a status institution the Bar, created to form the perception of social superiority and exclusive membership. Yet, assuredly, others have just as much to offer society as lawyers. So why does this perception exist? The ability to believe that one is at the highest levels of our social system is a to the compelling force unconfident megalomaniacs of the world. And, with American culture so fixated upon Law & Order drama, the lawyer has target become the of - Just think about what it is that lawyers actually do. First they create rules and then they fight to abrogate them. Lawyers study the decisions of dead Anglo-white men, whose logic ignored the common sense approaches taken by most other great civilizations. Most fundamentally, lawyers work night and day to create a system that the rest of the world must follow; taking a salary from the need they created for their own work. If there were no laws, there would be no lawyers. As simple a truism that it is, lawyers make themselves necessary by making the world more complex. Those without a legal education are unable to decipher complicated the mazes they create. Thus, lawyers force the rest of the world to pay them to unravel the web they created. So what drives the sane to become lawyers? I have identified four personality types that are drawn to law school. First, there are those seeking a job. They work hard to earn good grades in the anticipation that there will be a sizeable cash reward at the end of the rainbow. And, while this might not be the best way to choose a career, it is, nonetheless, legitimate. Second, there are those who love the intellectual pursuit of knowledge. These people are drawn to law school because of the academic challenge intriguing and discourse. Third, there are those who hope to change the world. And, for better or worse, they try and find every single in-and-out of the system so they can make a difference. is, lawyer-activist The hands-down, the most noble of ideals. Lastly, there are the misguided few. Their pursuit is neither money, which they may attain, nor discourse, to which they may contribute, nor change, which they may enact. Their main focus, however, is to develop a sense of self-conscious superiority. In short, they wish to become lawyers because they wish to be better than all others. The drive to be a member of the elite upper class is neither noble nor respectable. It is born out of a perverted view of how the world will view their standing in society. It also derives from fear of how they may otherwise perceive themselves. Reality, for these people, is very fragile. Even the simplest disorder in the matrix would shatter their delicate universe. I know this sounds hard to believe. It is difficult to imagine that anyone could �view himself or herself in a mirror of such distorting reflection. But is it really so far-fetched to imagine? Just consider how students segment themselves at law schools across the country. The law review is the preeminent institution at most law schools. It selects its own members based upon a superficial writing sample and culturally biased quantitative assessments of academic merit. Law reviews do not look for the best and the brightest; they merely seek individuals capable of manufacturing formatted information. They are factories, producing chains of un-diverse narrow-minded slaves. Now, certainly this does not accurately describe all members of these esteemed However, institutions. the collective mindset is perpetuated through its institutional framework. There is a sense of elitism at most law schools. While this law school strives to be a friendly, uncompetitive haven for intellectual pursuit, the mere existence of a law review at this school is antithetical of this conceptual purpose. And, I would argue, this is unavoidable. While this school's faculty has gone as far as abandoning class ranks and grade point calculations in furtherance of this goal, the essence of institutional elitism is prevalent in the nature of a law review. Of course there are benefits to being on a law review. are Employers oftentimes eager to acquire a few recruits with these credentials. While the presumption that law review members are more likely to make better lawyers is an absurdity, this view is, for some of the more elitist law firms, assumed. However, it can be said, quite persuasively, that since approximately 85 percent of practicing attorneys never served on their school's law review, non-membership on a law review can be a great benefit for otherwise active students. Just think, if most lawyers never served on their school's review, it is much more likely that a future employer would have contempt for the entire institution than a sense buddy-buddy of camaraderie. law Many schools attempt to manifest their law review's self-perceived stature by securing academic credit for mere ascension into its ranks. The argument is that they provide a service to this school by producing scholarly work and, therefore, these be individuals should compensated. In the abstract, this seems reasonable. But considering that scholarly work can be produced in other forms, just as membership on social clubs help in developing networking skills, and as membership on activist organizations exposes students to certain areas of the law, membership on a generalist law review is nothing special. The real reason for granting law review members credit is to reaffirm, through institutional policy, the view that some students are better than others and are, therefore, entitled to special benefits. I hope that this law school never grants members of the law review credit for mere membership. Considering that many other student-run legal publication operate at this school with over two hundred students serving as editors, associates and journal clerks undoubtedly these students have just as strong a claim as a generalist law review for receiving academic credit. These more focused journals offer greater opportunities for intellectual advancement and developing contacts in certain specialized fields. Such benefits should be open to all students whose individual efforts benefit this institution immensely. Moot court members deserve credit for preparing students to become well-trained appellate lawyers. The Domestic Violence Task Force, Sports Law Society, Environmental Law Society and the Public Interest Law Program each - - �fight to increase awareness for their respective causes, as does the Black, Latin American, Jewish, Asian-American and Gay & Lesbian law student Undoubtedly, associations. these students deserve credit for the countless hours spent building up the reputation and prestige of this law school. I urge the law school to take one of two courses of action if it ever considers, as it may, making academic credit an entitlement of membership in any organization. They should either do so for all students who work hard for this school or do nothing at all. Special status should never be afforded to any individual based upon their perceived social standing. Likewise, this law school should never take any steps that elevate one group of students above any other group. Granting academic credit to members of a law review without having to complete an academic course or independent study would create undeserved recognition. In essence, all students should be treated equally and fairly; nothing more, nothing less. I would hope that every UB Law student realizes that their future profession will provide countless opportunities to expand their horizons. Being a lawyer, however, should never be a license to look down upon - - others in society, or to attain a greater level of social status. The heroism after September 11th demonstrated that there are noble people in our society. Those who assisted the survivors in New York City, and those who died helping others are the elite in this country. Firemen, police officers, steel workers, medical professionals and volunteer rescue teams saved thousands from ultimate peril. You can be successful and still maintain self- respect. Lawyers have an unimaginable potential to affect good and bring about social change. Thus, self respect can clearly derive from more altruistic endeavors. But if selfrespect is founded upon a fragile sense of elitism, you should reconsider your life's priorities. Eric Usinger is an associate member of the Buffalo Law Review, an editor for the Buffalo Environmental Law Journal and Treasurer of the Student BarAssociation. His views do not represent those of the Buffalo Law Review. The Opinion would like to present Eric wifri the most confrontational editorial award keep your dukes up scrappy. �OPINION THE WE LOVE Get it ? pirates....booty BOOTY � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/770c612a73ebab3e4dc3a13bcbea6c82.pdf 48667e6bd46c6cd1d479141ea26419be PDF Text Text O THE PINION V01.41 Issue 1 October 23,2002 Why Not NYSU? By John Haberstroh Everyone knows this school should change its name, but nobody is doing anything about it. Well, with the exception of me, Tom Golisano, and, surprisingly, UB President (and former law school professor here) William Greiner. Of course, Golisano got the heavy publicity, and I couldn't get published, but at least I beat him to the punch. Greiner, beat us both to the punch, way back in December of 2001. this is where I cue in the article I wrote back in March of this year... Dream NYSU March 24, 2002 One day last December, in a small item buried deep inside the Buffalo News, UB President William Greiner spoke of how one morning he decided it would be nice if UB were "The State University of New York at Buffalo" rather than "the State University of New York at Buffalo". So he semi-officially or officially, I'm not sure which - changed the school name. Just like that, no committees, no statewide review. The man has that kind of power. - Of course, changing "the" to "The" does not amount to much, despite the significance Greiner attached to it. However, by displaying the scope of his power, ÜB's head honcho did do something very important: he opened up the possibility of a UB name change far more earthshaking, and beneficial, than he might imagine. Could UB one day be named something other than the grammatically challenged "University at Buffalo"? Yes, it's possible, Greiner's move implies. Now students and community can begin to envisage the school with a name we don't mumble in the middle of to avoid confusion or embarrassment, or dodge altogether by saying the old name (you know, SUNY-Buffalo, or was it SUNY at Buffalo, or The SUNY at Buffalo?). But UB can do better than the (or The) University of Buffalo, the rename that institutional momentum seems to be propelling us toward. Instead, I call on everyone - students, administrators, alumni and supporters - to dream of a greater name before sentencing UB to permanent ÜB-ness. For example, how about New York State University? Just that, no "at Buffalo" (except, if necessary, in the afterthought part of the name). Of course, it would be no fine if President Greiner wants to make it The New York State University. The opportunity to grab such a great name exists because the other three SUNY university centers - where the name might also make some sense apparently have abandoned their SUNY names just as we have. So, having led all into thinking we are going along with that identity downsizing, UB could now suddenly switch to calling itself New York State University without any competition. Before the other three big (former) SUNYs knew what hit them, the former UB would have established - whether 'officially' or 'unofficially' wouldn't matter at that point - first come first serve with the NYSU name, and would be slapping it on all its sports teams. (Speaking of sports, dream of how a name like NYSU fits very nicely in the Big Ten next to Michigan State and Ohio State, whereas UB suits the MidAmerican Conference (the MAC) all too well). And theremarkable thing is that, analogous to President Greiner's impetuously capitalizing the "The" in our school name, it all could be done expeditiously, with minimal red tape. UB already has all the components of New York State University in its very long official name (University at Buffalo, The State University of New York), so UB would simply be rearranging word order and 'lower-casing' some previously emphasized words, just as it now does in calling itself University at Buffalo. Do I need to explain fully why New York State University is a far better name than University at or of Buffalo? How emphasizing the university's association with the all but official capital of the world immediately raises the value of its degrees? How through a name change UB can reestablish itself as the flagship of New York's state university system? Didn't think so. Dream NYSU. Why Not NYSU? August 20, 2002 A few months later Tom Golisano followed, unknowingly, in the wake of Greiner and Haberstroh. Do you remember the following story from last summer? Continued on page 4 Sopranos Controversy ruuiiudiiuii, nic ui^dinzd - tion that hosts the parade, refused to allow the actors to participate because they believe that the show perpetuates a negative stereotype of ItalianAmericans. By Paul Didio pie years, and that criticism has only intensified this past week with the prohibition of two of the show's stars from the Columbus Day Parade in New applaud New mayor Michael Bloomberg for refusing to march in the parade without his two guests, Dominic Chianese and Lorraine Bracco. William Fugazy, president of the Coalition of Italian-Americans Association, said, "Our parade is about heritage and pride. Certainly 'The So"Glory Day": Die-hard fans Christine Fitzgerald (L) and Carrie Parks (R) pranos' haven't done much for heritage and pride in our community." Yet the truth of the Run downBruce Springsteen at the airport after his concert at HSBC Arena. matter is that the two actors invited by Mayor Inside this Issue Bloomberg have. Bracco acts as city spokeswoman on environmental issues and Chianese makes public service announcements "Friends" 2 for tourism. It was their contributions to their native city, not their SBA Bar Night 2 success on "The Sopranos" that prompted Mayor Bloomberg to invite the actors to march in the parade with him. Sorority Life 2 Unlike the many Italian-American organizations that criticize the show, Mayor Bloomberg was capable of distinguishing between the real Lorraine Bracco and Dominic Chianese and the characters they play in the show. It's unfortunate that the Columbus Citizens Foundation could not do the same, because they missed a perfect opportunity to do exactly what they complain "The Sopranos" does not, which is to show and celebrate the success and good works of Continued on page 4 Moms in Law School 3 Cartoon 4 Living in Buffalo Economy 6 6 �The Opinion October 23, 2002 There's a Time and Place for All Our Friends By Chrissy Roth tion. However, watching the same pattern of jokes reworked one too many times as we watch our favorite New Yorkers plunge into their ninth year together, just makes me start to consider tuning into another one ofour other illustrious broadcasting networks in the twilight hours on a Thursday evening. For those of us that are in our early twenties we have grown into adults watching Friends. Gone are the days that I would curl up in front of the TV, after finishing my Geometry homework, and dream ofthe time when I too would have five wonderful, witty, attractive, and devoted pals that would be with me It was said that after September through all of the ups and downs 11th, ratings for Friends soared, of my week. Nine years later, and the nation turned to Must See and rightfully surviving the time TV for weekly comfort and enof my life that was so glorified on joyment. When the sitcom Must See TV back when I was in watchers of the world were just high school, Friends is still about to give up on our six favoraround, making us laugh on a ite friends, Terrorism gave us all like it was weekly basis, just crea reason to appreciate canned ated to do way back when we laughter in all of its glory. were all still busy studying our traffic signals for the permit test. As a card carrying, platinum member of the Nick at Nite Fan Unfortunately, the great differClub, I'm the last person to deence between 1994, and 2002 is nounce Comfort TV. In fact I that our pals on Friends are no strongly believe a little old school longer 25 year old up and coming Green Acres, or Gilligan's Island actors casually joking over the can cure any physical ailment or trials of their early 20's. Instead social crisis. But, the second, we find ourselves watching a third and fourth time Ross and group of actors in their midRachel trip over each other in anthirties, hiding their expanding other reworked illustration of waistbands, crow's eyes, "after their misguided love affair I start baby" weight or much publicized to forget if I'm watching a rerun "after rehab" weight. Although or just a rewrite, circa 2002. a fervent watcher of I'm not Friends for the natural beauty of our Thursday night comrades, there is a time and place for every actor, and maybe Courteney Cox Arquette has just over cleaned her Greenwich Village apartment one too many times. I tune in every week to appreciate the timely quips that are supplied for Matthew Perry to deliver every week, for David Schwimmer to show us just how befuddled he can be, or for Jennifer Aniston to display the utmost confusion over the complexities of everyday life. However, after nine years how many more times can Ross pine over Rachel, (or vice versa)? How many times will we see Joey flub up an audition, or Phoebe rectify problems concerning mistaken identity for her identical twin Ursula? I enjoy Friends every time I tune into TBS or the WB and always sing praises for the joys of syndica- There is a time and place for everything, and unfortunately there is a time when a group of middle aged Gen X'ers need to hang up the coffee mug and get on with it. Giving up while you're ahead is always respected. We all lamented over the last episode of Seinfeld, and were quickly assuaged when we realized that the wonders of syndication would neverreally take our favorite sitcoms away for good. Ted Turner will always make sure to supply us a healthy, syndicated dose of 22 minute bantering, so long as we continue to buy our basic cable package. Friends will always be enjoyable, and my DVD commemorative package will always be proudly displayed on my mantle, but it's time for our Friends to run off into the sunset and leave us all to remember a better time, when our "twenty-something Friends" were still in fact, "twenty-something". SBA Bar Night Review By Angelique Shingler The SBA bar night was held on Thursday, Sept. 26 at SoHo in Downtown Buffalo. I was approached and asked to write a review of the bar night. I think it is only fair that I disclose that I am the Parliamentarian of the SBA and helped plan the bar night, so I may be a little biased. The event began at 9:00 pm, but people did not begin showing up until 10:00 PM. SBA ordered a pizza and wings party pack —� however, food did not arrive until later on in the night, and I heard that there were some complaints about that. WHEN the food did arrive, it was gone within seconds. Then, more food arrived. In total, there were 4 sheets of pizza and 200 wings. When all was said and done, all that was left were bones and little pieces of pepperoni. So there was all you can drink Beer, pizza, and wings at $5. What more can you ask for? The night seemed to go well. People drank, ate, and talked. People tended to gather outside on the patio. My only complaint was that it was a little chilly; however, there were heating lamps. So if you got a little alcohol in your system and stood near a lamp, you were allright. Honestly, I did not get to mingle as much as I would have liked, because sometimes it was my turn to take a shift and act as an "enforcer" at the door. A few instances of drama did develop (depending on how you look at it), when strange, often intoxicated, characters would try toforce their way in for free. (They were not law stu- dents of course). But I handled it. The big controversy concerning the SBA bar night, and a lot of people did ask about it (including someone who claimed to be a "professor" and who was looking for his students that night), was that there was another bar night that night. Yes, two clubs did have a Bar night on the same night. However, the IP Journal is not a part of SBA and does not have to inform SBA of any events that they plan. SBA was not aware of another Bar night taking place, so we planned the event. Our fliers went up Sunday, and theirs went up the next day. It is unfortunate that it happened, but it was ok, and all within the bounds of the "law." Just Relax and look at it as providing you with a choice. Whoever came and attended the SBA bar night, I thank you. All in all, as bar nights go; I think it was a success. There have been a few complaints that have been brought to my attention about the number of bar nights. If you are not a bar night person, but you are a party person, please come to the Halloween Party, sponsored by SBA on October 31, in the Red Room. It will be a costume party, and once again.. .food and drinks will be served. There will also be a best costume contest and a DJ. See you there! �The October 23, 2002 Opinion "Sorority Life" spells trouble for all Greeks general are constantly criticized, and, one by one, schools are Back-stabbing. Catfights. Hookcracking down on or getting rid ing up. Getting drunk. Yep, all of fraternities and sororities altojust a day in the life of a sorority gether. This is a delicate subject girl. Or so MTV would like you matter now, as hazing incidents to think. make national headlines and often end in tragedy, and memberBuffalo is once again finding itship into Greek organizations is self in the national spotlight besuffering as a result. Greek syscause MTV's popular new show tems all Over the country are try"Greek Life hasdecided to film its new season here. The sorority ing to change a lot of negative connotations that already exist, Delta Xi Omega has been seand emphasize the chapters as dilected as the focus of the next verse places of scholarship and "Sorority Life," while MTV will community service. Rush is often also use Sigma Chi Omega to benow called "new member recruitgin an all-male counterpart, ment," pledging is now "new "Fraternity Life." It is exciting member education." Shows like that a new, popular show on a this perpetuate stereotypes and network like MTV has selected our school as the focus of the new will likely only illustrate more of season, and any publicity that our the problems that come about from the Greek system, because usually oft-underrated city gets they highlight only the negative can't be a bad thing. And by all aspects of the groups, and not all means, watch the show when it of the good that they can provide comes out, watch it and support to their members and the surour school and its students. But please, I beg you, don't take it se- rounding community. riously. Not even for a second. I was a member of Delta Delta Delta at my undergraduate The first season of "Sorority school, Cornell University. The Life" took place at the JewishGreek system there was very interest Sigma Alpha Epsilon Pi strong, and somewhere between a sorority at the University ofCaliquarter and a third ofthe school's fornia at Davis, a school with population is involved in either a mainly national fraternities and fraternity or sorority, including sororities. But Sigma Alpha was hundreds of people you never not a nationallyrecognized sororwould have imagined as typical ity, and other UC-Davis Greeks considered it more of a club than "Greeks". a fellow chapter. In fact, national For me, the Greek system was an would sororities and fraternities invaluable part of my college exnever be allowed to be filmed in perience and a way to meet fascia as would risk such show, they nating people I otherwise would losing their charter as too many not have. I did all of the things thousands of other members that sorority girls are supposed to would be affected if their organido, but I also met the best friends zation was portrayed in a negaof my life and over the years my tive light. Like the sorority in membership became something Davis, ÜB's chapter is a local much deeper. Sure I drank, met one, so they are not subject to naguys, went to parties and genertional chapter rules and can thus ally had a great time. But I also become minor cable TV celebriheld a sister's hand at her father's ties. funeral and rode in an ambulance when another sorority sister fracThe secrecy of the "Greek Life" shoots leaves people not knowing tured a vertebrae. MTV omits many of these other positive asexactly what to expect, but the pects of sororities. evidence of the shoot can be found all over Buffalo. But I hope I will not deny that Greek systhat everyone keeps in mind that tems vary a lot from school to these shows do not depict sorority school, and some probably do a life accurately, much less Greek lot to deserve their snotty, exclulife, and UB Greeks should be sionary reputations. At ÜB, the wary about letting this show deGreek system is not a prominent pict them in a negative light to aspect ofthe social scene as a their community and the rest of whole, while at many other the country. Their actions may schools it's either "Greek or adversely affect Greeks everygeek." Many women who would where. joina sorority at one school may not want any part of it at another. MTV is notorious for editing Sometimes sororities have to be their shows to create drama where it doesn't exist to appeal to off-campus because their school administration doesn't allow viewers and that is to be fully exthem on. Others don't have a pected. But Greek systems in By Alison Brunger house, a budget, or an organized rush but persevere regardless. Some haze though it is illegal and against school policies. Taking into account all of these different factors, it is unfair to judge sorority organizations based on what you hear and see on television. I have never heard of a sorority that had a "pledge house," a main feature of "Sorority Life." The show is using gimmicks like that to keep the girls in closer proximity to make filming easier, but probably also so the network can create a fight over taking out the garbage into a half-hour long drama. The show does not illustrate the less TV-friendly but amazing friendships that can be made, and the unique spirit that each woman can bring to a The MTV Sigma sisters in yet another fight to a pledge class. "Sorority Life" would like you to think it's all fun, boys and parties, and there is no denying that it's a big draw to most girls and definitely a huge perk. But I sincerely hope that ÜB's Greek system will not be adversely affected by the attention, and negatively affect many other organizations as well. Law, Kids, School By Lillian Medina-Zelazny Going back to school as a non-traditional student who has children and a part time job may seem an impossible task. Most non-traditional students with children, for example, have to work due to extra financial responsibility: apart from having to feed and dress growing children, of course, it is necessary to pay for extra day care to allow for time at school. But putting aside economic considerations - mortgages, loan payments, child care and other expenses - the fact is that balancing children while studying also can have its advantages and disadvantages. Among the advantages is that when you return home it doesn't matter if you understood the 11th amendment, or if you made a fool of yourself trying to figure out if voluntary manslaughter makes sense. Your children basically don't care about these issues, they just love you. Often, they just want to know if you can color or play Barbie. Now, this is a dilemma. Should you work on your research and writing paper or play Barbie? I have to say that Barbie gave me lots of insights for my writing assignment regarding why somebody may dive head first without checking the depth of the water. Children give you joy, sanity and balance. It puts all of the work in perspective. Another advantage (most parents of toddlers will agree) is the free training in argument, mediation and dispute resolution. I am sure moot court is great, but my three year old is not far behind. Try to be persuasive with a toddler and you will discover great skills are necessary. Plus, 3 once you have won the persuasive argument, the mediation process is a great exercise in dispute resolution. On a personal note, my two daughters are great, they think it is kind of funny that mom has to go to school, but they are extremely supportive of me. Their love and innocent wisdom really help me to keep going that extra hour at night. The disadvantages of balancing school and children are many: disruption of family life, a crazy schedule, tiredness, and trying to keep sanity while doing the balancing act. Many colleges have recognized the special needs of overtired nontraditional students. Since 1981, the University of Wisconsin at Madison has had a student award for Out- standing UndergraduateReturning Adult. Hofstra University has created a Saturday college where adults are able to get a degreeby taking classes all day Saturday and one Sunday a month. A number of us "older" students have young children, and we are the ones who are always running around to work, to wait for the school bus, or to pick up children from day care before the surcharges kick in. Our law school experiences are different from those of you with the freedom to be in the library, join organizations or go to Thursday bar nights. At the same time, we do bring a different perspective and a wealth of experiences from which a "traditional" student can learn. Ifyou are a "traditional" student or even a non-traditional student without children try to meet one of the students with children. It may enrich your life. Besides, baby sitting by responsible adults is always welcome. �The October 23, 2002 Opinion NYSU Continued (Gannet News Service: August 20, 2002) — ALBANY — The University ofBuffalo has been offered a multimillion-dollar donation to upgrade its football program — but only if it agrees to change its name to New York State University, the potential donor says. The offer comes from B. Thomas Golisano, the Rochester billionaire running for governor this year. "Why should New York State be practically the only state without a college football team bearing its name?" Golisano asked. "This could be a rallying point for the entire state." bring the checkbook!" was my first reaction to this great deal... and depression at the 'no comment' of UB officials. will benefit from a name change, and then will be able to develop a great NYSU image and reputation from there. But the next thought was "Why focus only on football?"* Maybe someone does need to explain the By the way, some of you may be concerned about losing 'Buffalo' in NYSU, and the "Go Buffalo" cheer at sports events. Got that covered: change the school mascot from "Bulls" to "Buffalo" and all would be well. big picture, at least to Mr. Golisano: New York State University is a far superior name to UB for the entire school community, not just for the football team. Simply put, we need a school name that has natural, 'no explanations needed' national and international name recognition. NYSU has that, UB never will. The school's academic, professional, and sports communities all I did send an e-mail to the *Golisano campaign, asking if the football only emphasis in the article was inaccurate, and got a form e-mail - Thank You For Contacting The Golisano Campaign! - in response. Hayes Hall at the new NYSU? University officials refused to comment on the potential gift. ... Golisano said he would like to see the school enter the Big East Conference, where it would compete with Syracuse University, the only other school in New York that plays bigtime football, as well as other schools in the East, like Pittsburgh, Boston College, Rutgers, West Virginia and Virginia Tech University. "In the end, it would be better for them" to be in the Big East, said Golisano, who would characterize the size of the potential gift only as "several million dollars." "Yo, Tom, c'mon down and Sopranos Continued decent, hard-working and lawabiding Italian-Americans. Instead of focusing on the acts of fictitious people, more ItalianAmerican organizations should focus on the acts ofreal people. It appears that they are capable of doing that with Robert DeNiro. DeNiro, who played a young Vito Corleone in "The Godfather Part II" (Dominic Chianese was also in the film), is an honoree at a National Italian-American Foundation dinner in Washington this month. I guess ItalianAmerican outrage only applies to current portrayals of mobsters. Also, I find it ironic that the Foundation refused to allow actors, emphasis on actors, to march in parade in honor of a man who is considered by certain ethnic groups to be a mass murderer and slave trader, simply because the show they are on is considered a negative portrayal of Italian-Americans. I mean it is not like the parade is honoring an Italian saint like the St. Patrick's Day Parade does. If Italian-Americans want to be upset at somebody then they should focus on thereal While it is undoubtedly true that the bad guys—the real life Italian show perpetuates stereotypes, they are are the ones not stereotypes of all Italian-Americans, gangster. They are Italians a bad giving for only an idiot would honestly believe that name not "The Sopranos." that all Italians are actually involved in Until we no longer see Italianorganized crime and act the way the Americans among the ranks of characters in "The Sopranos" do. Inorganized crime will Italianstead they are a stereotype of Italian mobsters. People complain about the ex- Americans be able to shake the stereotypes. "So this is what you look cessive use of vulgar language. The fact like outside of class!" of the matter is that the language is an characterization of the way accurate gangsters talk around each other. If you don't believe that then I suggest you read some transcripts of FBI wire taps, particularly those concerning former Gambino boss John Gotti. Now that's vulgar. The show is a story about the lives of gangsters, the fact that they are Italian is incidental. They could just as easily be Irish, Russian, or Chinese. The reason they are Italian is because of the fact that the Italian organized crime syndicate is the most famous and most intriguing. In the end we must remember that "The Sopranos" is only a television show. It A Buffalo Sabre: "Satan" crashing the Phi Alpha Delta is not real. 4 �Early Enrollment Discount November 22nd! Jntil vABA/LSD ABA/LSD ABA/LSD - ABA/LSD BEF QRE NO 22ND AFTER NOV. 22ND Members $295 $325 Members $365 $395 Non Non Members Members includes PMBR Multistate Workbooks & 3 Free Multistate Audio Tapes/CDs for enrollment prior to November 22nd! iFVjT BEFORE NOV. 22ND AFTER NOV. 22ND -- ABA/LSD Members 4525 $595 ABA/LSD Members Non ABA/LSD Members $625 $695 Non ABA/LSD Members - PMBR Multistate Workbooks, Multistate Flashcards & 3 Free Multistate Audio Tapes/CDs for enrollment prior to November 22nd! .A ig' jf BEFORE NOV. 22ND AFTER NOV. 22ND - ABA/LSD Members 4690 $790 ABA/LSD Members Non ABA/LSD Members $790 $890 Non ABA/LSD Members < < includes PMBR Multistate Workbooks, Multistate Flashcards & all 6 Multistate Audio Tapes/CDs for enrollment prior to November 22nd! M \ SPECIALIST A Membership benefit of the .«,«.«»« Law Student Division MiJfajfaU \\tawm n UffaiWhtl NATIONWIDE TOLL FREE: (800) 523-0777 • www.pmbr.com �The October 23, 2002 Opinion their car than to hit a pedestrian. Buffalonians will take the time to tell you about all the political and social problems that occur herego ahead, I dare you to ask. And, EVERYONE has countless favorite restaurants that they will gladly recommend to you! There is a true sense of community here in Buffalo. I have herd sagas about storms that have shut down the city, forced strangers to rescue one another, and supermarkets to feed elementary school kids. People help their elderly neighbors and drive cautiously by schools during dis- . missal. And, EVERYONE will admit to at least a small soft spot for the Buffalo Bills (if you don't- you have nothing to talk about on Monday mornings from. September until January). Surviving Buffalo... By: Natalie F. Gibson Do: 1. Buy a pair of boots 2. Learn to love beer 3. Research the proper dressings for chicken wings (blue cheese, of course) 4. Learn that it's not soda it is 'pop' and that Loganberry is NOT pop 5. Know who Drew Bledsoe is 6. Hate all sports teams from Texas 7. Try some 'beef on week' 8. Call Niagara Falls boulevard, 'The Boulevard" 9. Familiarize yourself with Canadian humor, hockey lingo, and be prepared to have 20% of the change in your pocket at any given time to be Canadian 10. Forget Oscar Mayer, because it is only Sahlen's around here (served at Ted's) Don't 1. Mention the name Rob John- It has been my privilege to move here to Buffalo. Of all the places that I have lived in New York and other states this is certainly the friendliest, but quirkiest town that I have EVER been to. People around here really care about each other and WILL say hi to you even when your in a rush to get out of the grocery store. Buffalonians behind you in line will even lend you their Wegmans bonus card when you do not have yours, but really want the discounts.: Generally, everyone in Buffalo grocery stores are congenial, this stemming from a common understanding of the high premium placed on food here. In this city if people see that you are having car trouble they are more than willing to help you, will share their exorbitant amount of motor vehicle knowledge with you, and recommend you go to son the 'best auto guy in town' (aka: their cousin, the mechanic). 2. Insult the weather about local WARNING: they will also tell politics 3. Talk you everything you never wanted 4. Suggest that UB should have been placed inside the city to know about their car and about American made cars in general. 5. Travel from the north to the Southtowns, or vice versa, withMost Buffalonians will even let out packing a snack- because it is you look at all the decals, spoilAWFULLY far after all! ers, tinted windows, ground ef6. Expect to eat healthy fects, gun racks, or expensive steever reos Ask have that they have added to their anyone 7. if they been to 'the city'- there is more car. than one 'city' in the State of There is an easier feel here than New York, you know! in most cities. People walk and 8. Forget to give yourself extra talk on their cell phones like anytime when traveling because the where else, but at a slightly two seasons around here are winslower pace. But watch out because ter and construction citizens of Buffalo do not 9. Pass up an opportunity to go to use crosswalks at all (not that there are any). I guess they trust Wegmans 10. Speed in Kenmore that people would rather protect . . [Mij . The blizzard of 2001 So where does all the slack come from about this wonderful and eccentric town? Is it the fact that the only time Buffalo makes national news is either after a record-breaking snowstorm or the apprehension of suspected terrorists? Or is it because none of our sports teams can win a championship? Or maybe they are just embarrassed at their failed attempts to replicate our hot sauce. As I see it- Buffalo is a town that you have to experience for yourselfbefore making a judgment. Sure, it is easy to make fun of this place with the rest of the country. Granted, some of the criticisms are well grounded, but I think the positive attributes are over looked. People here are actually NICE! We have a small town feel, but also two professional sports teams- who may not have won their big titles (yet) but they are fun to watch, readily accessible to the community, and are the epitome of the underdog that WILL make it (someday)! And, lots of great things happen here besides snowstorms and sleeper cells, we have held the PanAmerican Exposition and the World University Games. We boast to be the hometown of amazing people like Kurt Klein and Gerta Weissmann Klein, one of the nations most'amazingly motivational holocaust suryivors; and hello- of course the Goo Goo Dolls! Above all, I have never known such loyal people as those in Buffalo! They will stand by their city and fight for it to the death. They will stand strong in the face of Buffalo-criticisms, never backing down. When you are a Buffalonian, you can always find a friend when you are away from home. Displaced natives have created enclaves (usually specified bars or pubs) around the country so that they can come together in a safe haven to eat chicken wings and reminisce about the Blizzard of '77. And no matter what happens, where you go, or what bodily harm may come to you for it- once a Bills fan ALWAYS a Bills fan! So, as we come into the sometimes- daunting winter season, don't forget that even though it gets cold as hell- your living in one of the most underrated but amazing towns in the country. Monday, October 28,3:00 p.m. Law school related. © The Opinion: "Hmm, interesting." © Michele Wallace: "Black is Beautiful, Photographic Documents 1895-1940." Screening Room, Center for the Arts. Lecture. Wallace, a CUNY Graduate School professor, is author of"Black Macho & The Myth ofthe Superwoman" and "Invisibility Blues". Wednesday, October 23, Noon. d"s The American Constitution Society for Law and Policy Lunch Day. Outside Room 106. Serving a wide variety ofhot fresh items in buffet style. Wednesday, October 23, Noon. "Voices of Difference: Stories of Immigrant Women." Friends Room, Lockwood Library. Videos at Noon. Marie Saccomando Coppola. Arts and Humanities Team. Wednesday, October 30,5:00 p.m. tjHj "Stressed Out? Don't Be." Room 106. Law School Workshop. Ways to manage your stress: topics will include time management and stress reduction techniques. Co-sponsored by the Office of Student Services and Career Services Office. Wednesday, October 23,3:00 p.m. tUij © David Kaczynski: "The Death Penalty: A Question of Justice." 102 O'Brian. Lecture by David Kaczynski, Executive Director ofNew Yorkers Against the Death Penalty. Kaczynski is also the brother ofTed Kaczynski, 'The Unabomber'. Sponsored by the Criminal Law Society, the College ofArts and Sciences, The Newman Centers of ÜB, The Committee for the Promotion of Justice, and New Yorkers Against the Death Penalty. For further information call 645-2016 or 856-6131, or visit the UB Criminal Law Society website at http://wings. bufFalo.edu/law/bclc. - Thursday, October 31,10:00 a.m. 3:00 p.m. (raj © Law School Blood Drive. Koren Center, Law School Library. The sign up sheets are up now outside the SBA office. Two people can sign up for each fifteen-minute slot. Saturday, November 2,12:30 p.m. tiiia 2002 Jaeckle Award Luncheon, UB Law Alumni Association. Hyatt Regency, Buffalo. The Jaeckle Award is the highest honor the law school and UB Law Alumni Association can bestow. This year's recipient is law school professor and University at Buffalo President William R. Greiner. Law students can attend free ofcharge depending on seating availability, and should sign up by Monday, October 28, in the Alumni Office, 312 O'Brian. Wednesday, October 23,4:00 p.m. "Dealing with the Immigration and Naturalization Service: Myths & Realities." 31 Capen. An ISSS Workshop. Presenters are Maria Rosciglione and Ellen Dussourd ofInternational Student & Scholar Services (ISSS). Wednesday, November 6,5:30 p.m. i!!!. Women in the Law. Faculty Lounge, 545 O'Brian. A forum for discussion ofthe experiences, challenges and rewards in the lives oftraditional and non-traditional women law students and their post-law school lives and careers. Sponsored by The Western New York Chapter of the Women's Bar Association ofthe State ofNew York. (Continued on p. 7) Friday, October 25,8:00 p.m. © "Good Kurds, Bad Kurds" Squeaky Wheel, 175 Elmwood, Buffalo. Documentary by Kevin McKiernan explores the history of the Kurds as well as their experiences at the hands ofthe INS. Part ofthe Alternative Visions 2002 film series presented by the Graduate Group for Marxist Studies. Among the sponsors is the law school's Baldy Center. 6 �The October 23, 2002 Opinion It's the Economy, Mr. President The largest tax revenues come from personal income taxes and corporate income taxes; neither should produce much this year. If the federal government does not help, the fiscal budgets for successive years will be adversely affected. economy. By John Rudy The stock market closed last week just over 7,500; in the past year, the Dow is down over 1,500 points. Last Tuesday, the Nasdaq hit a six-year low. Yet every market "analyst" swears that the recession is over, and the economy is on the verge of recovery. However, even the "experts" will not go so far as to suggest that any jobs will be created by the recovery. Essentially, the theory goes like this: the economy will flatten out, as it adjusts closer to its actual value, we won't lose any more money, but we won't make any either. That is, jobs will not be created, because capacity and production will not increase. But the economy will have recovered. Thus, economic recovery is meant only in so far as the bad times will be over. In order to revive the sluggish economic status, I propose to remedies to funnel money into the general First, the federal government must bail out the states. Education and social welfare programs depend on it. Although every politician runs for office touting his/her education program, it is often the first place legislatures look for extra funds. Furthermore, as the unemployment rate rises closer to double digits, social service programs, such as unemployment and food stamps, have to be maintained. Since social programs effect populations with the least political clout, they are cut or restricted at the first sign offinancial problems. The government cannot neglect the most vulnerable citizens at a time of fiscal crisis. In New York State, among many others, we are running a fiscal deficit. New York City alone finds itself over a half billion dollars short. With the economy lagging, tax revenues are sure to be far below the optimistic expectations at the beginning of the year. The Second, we must realize that tax cuts are no longer an option. The first step is to stop the ten-year tax cut already in progress. The remainder ofthe plan primarily gives tax cuts to the wealthiest 2% of the country. This is hardly a necessary measure. Moreover, the wealthiest members of the country are the ones most likely to hold onto their money. This does not stimulate a stagnant economy. The poorest citizens cannot afford to save any money, and thus spend all their earnings. (The cycle of poverty and the inability for the poor to establish equity are topics for another discussion.) We cannot afford the remainder of the tax cut, because it will force the administration to because it will force the administration to execute its primary economic objective: privatizing social security. Have we not learned the lessons of many pensions lost in the market? As it stands, social security benefits are in serious risk of irreparable damage. Social security is a cornerstone of our postwar capitalist economy. Ifpeople are forced to work into their seventies, the unemployment rate in this country will skyrocket. Gambling with America's savings account is irresponsible. Currently, the ports ofthe American west coast are closed due to a labor strike. The Justice Department indicts a new telecom company every other day. There are terrorists being found within our borders. However, the prospects of invading Iraq dominate the headlines. Is it no wonder that investors, especially foreign ones, are hesitant to trust their money in our judgment? In addition, foreign governments will only tolerate our worldwide "nation-building" so far as they depend on the success of our economy. Just ask Britain. The status of our economy dictates every facet of our political power. We may want to clean-up our own house before we take on other's problems. Opinion STAFF: Editor-in-Chief: John Haberstroh Managing Editors: Alison Brunger Natalie F. Gibson Chrissy Roth The Opinion, SUNY at Buffalo Amherst campus, 404 JohnLord O'Brien Hall, Buffalo, NY 14260, (716) 645-6387, is published in theFall and Spring semesters. The Opinion is the student newspaper of the State University of New York at Buffalo School of Law. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and piece writer New submissions of articles, cartoons or advertisements are always welcome and may be submitted to the Opinion mailbox in the SBA office, or via email to the Editor-in-Chief at haberstr@yahoo.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members ofthe community are all strongly encouraged to submit letters to the editor. The Opinion in no way endorses the viewpoints of its various columnists and contributors. . Calendar (continued from p. 6) Friday, November 15.All day. (Hij Masters in Trial Program. Friday November 8. All day. Crowne Plaze Hotel, Rochester. An all-day trial demonstration in a negligence/product liability case, presented before a presiding judge and a jury, complete with witnesses, experts and courtroom v jsuai s The jury willrender a decision in the case, with deliberations televised to attendees. Law students are invited to register for the program, which includes lunch, at the discounted rate of $50. Forms are available in CSO, Room 609. Registration a"Building Politics: Law, Institutions, and Democratic Theory." Faculty Lounge, 545 O'Brian Hall. A Baldy Center workshop. Contact: James Gardner, 645-3607 or www.law.buffalo.edu/baldycenter. Monday, November 11 to Friday, November 15. (jn, Desmond Moot Court Competition. _ The American Constitution Society for Law and Policy . „, Desmond Moot Court Competition. Preliminary rounds November 11-13 in ,~»r> jc ■ c ii r\ i v ia■ L c■ /-l xt O Brian ii Hall. and Semi-finals are November 14 in the Erie County Quarter _.v j• xt /-._*_ c- it> /v ie ■ Hall. Tin Courthouse. Final Round is November 15 in *l the new Courtroom O Brian in r\<a „ , T /a l Contact: Anenne Irving, irvineaiwuyahoo.com. .. . _^^^^^^_^^^^^_^^^__^^^^^^_—. ..„.,. ,-. T .■ •• The American Constitution Society for Law and Policy J is one ,ofthe newest organizations 6 ,. TT_, ~_. ~,, at the UB LAW campus. The UB chapter is part ofthe national organization, and is among , ™ consists of students, faculty, and staff who countless chapters throughout the country. ACS ; , , , , , ° are concerned about the conservative orthodoxy that is increasingly pervading American law and politics. We firmly believe that the moral underpinnings upon which the American Constitution was founded must be translated, via the law, into a mechanism by which mdi viduals and institutions in our society can be governed in a manner that values tolerance, decency, compassion, and human dignity. If you have any questions, contact Jason Wednesday, November 13,8:00 p.m. Rudolph Giuliani. Alumni Arena. Tickets may still be available through TicketMaster, 852-5000. . .■ . . *, ' . ,™ . Cafarella, President, at Stixycarbone@aol.com. 7 ~ ... . ... ».-ij~. �nybarbri.com f*\ L. I — NATIONAL ENROLLMENT GUIDE CJ I VJ f| LJ I | V^/ C_ [ Enroll in BAR/BRI for $100 I I LJ I Xj Enroll in BAR/BRI for B _. Practice ESMVS ?nd Tru,e/Fal;e Quezon? all with model and explanatory answers (located within the First Year Review Volume following each subject) r== f BAR/BRl's Chart Supplement with flow charts and comparison charts to help enhance your studying (located at the back of the First Year Review Volume) . , „.final exam review &> M Nationally recognized • • •• $1751 I lectures designed specifically for first year exams, available in select locations. Enroll by October 31, 2002 and attend the lLjssay. Advantage FREE. If you enroll with BAR/BRI after this date, the 1L Essay Advantage is $75. This payment will not be credited towards the bar review tuition. ®° Easy to use StudySmart8 First Year Software availableexclusivelyatbarbri.com locked-in discounted BAR/BRI Bar Review *° Atuition throughout your first year; in order to keep your tuition locked-in until two years after your graduation and receive upper level benefits, you must have $175 on account by October 1, 2003 • « g ,, ®=, • • Iffl •• | • • q 2; ~«.«., D the Upper Level Review In order to receive £pj& Volume and the First Year Review Volume, an additional payment of $100 is required (this payment is fully credited toward the bar review »' Qij) f)A W F/JD / /ft A A m X vs/ A X ® (Essay Advantage for students who sign T 3 is $75 a up r after 10/31/02) .•. X. ' (*S g * PQR /ffift (SiD ' 2: (x&) iv»>»y*>-M >k w IjISCOUNT W/*WWW I « Al I X v& AND /ffis W :£ /ffis CDEC | |>L C , , _~ TUITION V/J " Ifc W *>— rl f nt/rn/V f mm Jt WtVlYfnWYflli mm .— (*) fIIIHHBBHHHIHBHBHBM mm if! (&) „.. ... AllYAhIT . .. ,_ . 0\ AGF /11/ L ****** , (JK) tuition) mm nbi/bi r C \A X ■ fffi\ mm * V y*' V © X 1/ 'C 7Y7 /-A/P/9/ / RAD/RDT /C &F/*FT\/F .TMF RAQ/RUL 11 (J*) mrniSf mflSmm *tm <2= Nationally recognized upper level final exam m w f (*£) A locked-in discounted BAR/BRI Bar Review tuition for up to two years after your graduation from law school review lectures, available in select locations (limited to five subjects per semester) ACT Ifc \&) Trusts and Wills (New York Practice will also be included at New York State law schools) TUES, NOV 12 MON., NOV. Jjs Hej BAR/BRl's Upper Level Review Volume with comprehensive outlines for Constitutional Law, Corporations, Criminal Procedure, Evidence, ®° «E¥iew AT BUFFALO | I FALL TABLE DATES I MON., OCT. 28;11;TUBS., OCT. 29* I| You will receive the following benefits by enrolling in BAR/BRI this semester: BAR/BRl'sFirst Year Review Volume with comprehensive Outlines for Civil Procedure, Constitutional Law, Contracts, Criminal Law, Personal Property, Real Property and Torts " HXrIRHS l»/A I J»r\l.W# © m. m» kit* At\.i**\\\ Ant CLASS ytARS!!! § X X X^w^^^^^^^^^^^-A^^^^-A^^^^^-^K^^^^^^^^^^^-V^^^^^^^^^^^^ (sB©©©^^ ww^^^w^w^v^wwww^^wwww All students must have at least $175 on account (fully credited toward the bar review tuition) to attend the MPRE Review, receive the MPRE Volume and access the MPRE Software at barbri.com. Graduating students who are billing the bar review tuition to a law firm with an established account, must have paid the refundable book deposit in full. m*mm^^^^^m^m^mmmmwtmm^*mmmmmi^mmm^mm^^mmm^u^^^m^^^mm^m A.19.?(102.1w BUFFALO FINAL EXAM REVIEW LECTURE SCHEDULEI CIVIL PROCEDURE Running time: 3:00 November 9 10am rm 102 Saturday, * [ CONSTITUTIONAL LAW /iL (( )X( Running time: 6:00 U Sunday, November 24 � 10am � Rm 10 ////■ * CRIM LAW !■ BAR REVIEW #In CRIM PRO y Running time: 3:20 Sunday, November 17 � 2pm � rm 10 @ I _ INTERESTS I-UTURE ~ : ~ r~rr . „Running? time: 2:00 „, „ 12 Saturday, November 16 � 10am � rm . J .f.iA n ■ Sunday, November 1 7 M I 10am � rm 10 EVIDENCE <B j I * NEW YORK PRACTICE Total running time: „ , , A 9:00 hours «. «» ~, 1-5) Saturday, November 23 � 10am �rml2 � (hrs. " Sunday, November 24 � 10am � rm -• (hrs. 6-9) 12 � "/i. A TORTS PROPERTY Running time: 6:35 Sunday, November 10 � 10am � rm 102 a � I Running time: 7:00 Saturday, November 16 � 10am � rm 10 @> Jl Running time: 3:00 Running time: 5:30 Saturday, November 23 � 10am � rm 10 NOT BE ON RESERVE IN THE LIBRARY! E| � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2002-10-23 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f7836e2e762b67637e6427acfe41ceb9.pdf d11d623c91cf6e42d8e8155724f09670 PDF Text Text THE OPINION V01.41 Issue 2 University at November 25,2002 Buffalo law School Laptops in the Classroom, Necessary or Tools ofthe Devil? By Matthew Coseo There are two major contentions I have against laptop computers being used in class. The first is the visual distraction they pose. There is, for example, the distraction from equipment failure and user inadequacy - hopefully to be overcome with practice and patience - but there are more insidious distractions. These being solitaire, e-mail, AOL instant messenger, Snood, downloadable music, porn, news, sports, work for other classes; the list is theoretically endless. The laptop is a veritable Pandora's Box of distractions, with so many ways to pry the student's attention away from the lesson and the professor, and into one ofthe aforementioned activities. While this distraction is primarily to the individual using the computer, it can also be extended to those nearby who become ensnared by the computing activity of another. What professor can visually compete with a seedily provocative screensaver or an intense game of solitaire? My second contention concerns the much more agitating noise made by laptops. Laptop noise is Find a Nice PAD By Yadira Ramos When I first entered UB I had heard of Phi Alpha Delta (PAD) and was immediately turned off. I was definitely not going to joina fraternity and anyway, I'm a IL, so who has time for those things? However, during their first table day, they were handing out calendars of events, which looked interesting. They had movie passes, lectures given by attorneys, and workshops dealing with how to brief a case and how to outline. PAD also sponsored a few ofthe ever popular bar nights. I was impressed; they were organized and had opportunities for everyone to participate, from the socially to academically interested to those in between. (And no, there is not any hazing to join!) So that was how this anti-fraternity girl got involved and from hearing other members, there have not been many disappointments. As new members of PAD we have been able to have an idea of how exactly how to outline, and had some drinks when we are stressed. Maybe more important, we have had some real one-on-one contact with different attorneys on what we might possibly do in the future, at the PAD sponsored "What area of Law is right for you?" At this panel we were given some information regarding internships and what exactly attorneys look for on resumes. Our social chairs and philanthropy chair are also planning events that go beyond the typical bar night, such as our Thanksgiving food drive and participating in the "Adopt a Family" program to distracting to more than just the individual user, as ÜB's cavernous classrooms place everyone in the proverbial "zone of danger" exposed to laptop noise. Trying to hear over the whir ofinterior cooling fans, beeps, alarms and assorted computing sounds has become as maddening as the Dormant Commerce Clause. with violent premonition, or those whose computers are equipped with less-than-silent keyboards. I guarantee, five minutes ofthis torture and you'll be praying for another research and writing memo. able to believe However, no noise comes close to being quite as distracting as the sound of clattering laptop keyboards. Class simply would not be complete these days without the background noise of clicking laptop keyboards. While this noise is distracting in itself, it also overwhelms the professor's voice and makes listening more difficult. One can always tell when interest wanes in a lecture as the frequency of clacking keys diminishes. But, an important remark by the professor and the laptop springs back to life with a veritable cacophony of noise. In class, listen sometime to the sound of classmates typing onto their keyboards. Pay particular attention to those who strike their keys help others. For those who want a job, (isn't that what most of us look for while we are here?), there is a book that some ofthe board got together from the Phi Alpha Delta conference in New York City with names of other schools and attorneys who are a part of PAD. Our chapter also organized a "Meet the Brothers Night" in September to meet practicing alumni. In February there will be another opportunity to meet alumni of UB who were members of PAD, which will be another way to sell yourself and, ifnothing else, hear some insights into what you might do once you graduate from ÜB. Of course, I cannot forget the spring break trip that is being planned, a cruise that will include stops in Cozumel, Montego Bay, and the Cayman Islands. During the informational meeting, alum Ron Winter asked, "How can you not afford to be a part of PAD?" After looking at all we have done and will do, I have to agree, and ask how can you not be a part of PAD? If you have any questions or would like to join, contact Mark Starosielec, Chapter Justice, at mastaros@aol.com. sors, as well. looking out at a sea ofmonitor backs and speak over the din oflaptop noise. What could be more frustrating than having your lecture interrupted by the braying claxon of a computer alarm? Professors also have to wonder what is going on behind the screen, whether the student is paying attention, writing e-mail, or simply hiding. Indeed, laptops can serve as a really useful hiding place to duck behind when the professor begins to scan the room for an unfortunate and unlucky soul to call upon. Laptops shield both the student's face and their activities from the piercing gaze of a professor. Finally, please don't get me wrong, I'm not a techno-phobe waxing nostalgic for the golden days of traditional academia and bemoaning the intrusion of technology into the classroom. Rather, I myself own a laptop and I find ita very useful tool. Though I would never bring it into class, I admit there is probably more potential for doing something useful with a laptop than there is with a pencil, an empty notebook margin and a wandering imagination. Admittedly, while students can do so many things besides learn with laptops in front of them, they can and they do learn as well. However, there should be some realization that what may be a learning tool to some may be quite a distraction to others - "Draco Dormiens Nunquam Titilandus." &QA:3CCLlasGift ampaign What is the 3L Class Gift? The 3L Class Gift is a giftby the graduating class to the Law School, and is paid for by monies raised by the 3L Class Gift Campaign. Gift choice is entirely decided by the 3L Class. For example, funds raised by the Class of 2002 went to support the travel scholarship program, and the class chose to have a plaque commemorating its gift placed on one ofthe spectator benches in the new courtroom. The 3L Class Gift Campaign is sponsored by the UB Law School Development Office and is coordinated this year by graduate assistant Carrie Parks. How do I get involved? "How I Handled My Exams" Wednesday, Dec. 4. 5:00-6:00 p.m., 106 O'Brian. Wednesday at 5 Program. For more information, contact Melinda Saran at Student Services, 645-6223, or saran@buffalo.edu. One way to get involved with the 3L Class Gift campaign is to join the 3L Class Gift Committee by e-mailing Carrie Parks at cpparks@acsu.buffalo.edu. As a committee member you will help to plan upcoming events that raise money for the gift and develop ideas on what the class gift should be. If you cannot Please turn to page 4 It's kinds chilly. Throwanother lawyer on the fir*. �The Opinion November 25, 2002 Review: Where the Greasy Burger Roams Fast Food Nation: The Dark Side American Meal Eric Schlosser hired. In 1996 an investigation by the U.S. Department of Labor concluded that ninety-two percent of the workers would have been hired by the companies anyway, and that their new jobs were invariably part-time, provided little training and came with no benefits. of the All- 400 pages. HarperCollins $8.37 paperback on Amazon.com By Jean-Claude Dehmel A writer for the Atlantic Monthly, Mr. Schlosser has written a deconstruction of America's consumerist cheeseburger culture, and it makes for fascinating reading from start to finish. Thoroughly researched and cited, the book describes in an easily readable style the origins of McDonalds et. al and their expansion after World War Two; the giant agribusiness combines and what they are doing to small farmers and ranchers; the pitiful conditions of workers - all the way from the slaughterhouse to the greasy teenager behind the counter; the cancerous expansion of McDonalds into markets around the world; and the restaurant lobbies' tenacious resistance to effective USDA inspection of contaminated meat. While quietly spending enormous sums on research and technology to eliminate employee training, the fast food chains have accepted hundreds ofmillions of dollars in government subsidies for "training" their workers. Through federal programs such as the Targeted Jobs Tax Credit and its successor, the Work Opportunity Tax Credit - created to reward American companies for providing job training to the poor the chains have for years claimed tax credits of up to $2400 for each new low-income worker - The book's tone is ironic, painstakingly factual and replete with interviews of farmers, workers, executives, regulators and justabout anyone else who has a hand in mass food production. The abuses portrayed are utterly appalling and harrowing; the studied, scientific, manipulation of consumers through marketing psychology, food engineering etc, reminds one of internal documents you'd see in the tobacco litigations. Once a company has decided voluntarily to pull contaminated meat from the market, it is under no legal obligation to inform the public - or even state health officials - that a recall is taking place. During the Jack in Box outbreak, for example, health officials in Nevada did not learn from the company that contaminated hamburger patties had been shipped there; they got the news when people noticed trucks pulling up to Jack in the Box restaurants in Las Vegas and removing the meat. So, ifyou're up for a good read I recommend this book. Parts ofit are not for the squeamish ~ descriptions of meat packing industry and workers injured therein, descriptions of E. coli pathology on the vital organs ofyoung children ~ and other parts will just leave you disgusted at the greed and avarice of corporate America. Jessup Moot Court Board Doing It Internationally By Lisa Danish The Jessup Moot Court Board is a student-run organization dedicated to the understanding and enjoyment of international law through moot court competitions. The two moot court competitions open to second and third-year law students are the Jessup Regional (and International) Moot Court Competition and the Niagara Cup Moot Court Competition. Selection to these teams is done through the Fall Intramural Competition. Firstyear students may compete in the Spring Intramural Competition for selection to the Faskin First-Year Competition Team. The Jessup International Moot Court Regional Competition This International Law competition has been organized annually by the International Law Students Association (ILSA) with the support of the American Society ofInternational Law (ASIL) since 1959. The Jessup problem is based on a fictitious pair ofcountries who have brought their (atypical) international legal dispute to the International Court of Justice in The Hague. This is an open research competition that allows for about four months of preparation. Success at the Regional competition allows you to "advance" to the international competition in Washington, D.C. This year's problem deals with state responsibility for rapes committed during a civil war, as well as international trade in people and forced prostitution. The international competition takes place in early March alongside the ASIL annual meeting. Competing teams come from the world over, with particularly fierce competition originating from Australia, South Africa, Argentina and Spain. For these reasons, participation in the Jessup competition is nationally appreciated, particularly among international law practitioners. ILSA releases the Jessup competition problem each September. Traditionally, ÜB's Jessup MootCourt Board selects a "regional team" in late September after an intramural competition. The team includes two two-person teams and at least one alternate team member. Members ofthe 2002 team are Joshua Freeburg, Gabriel Gilman, Lisa Danish, Tonia Vostok and Alyson Wutz. The team will be coached by Lisa Danish, Matt Rich, Keith Bernstein, Frank Collocchia and Sarah Filocamo. In late December, ILSA announces that year's regional grouping of U.S. teams - this is when the team discovers what schools it will be competing against during the regional competition in early February. The briefs, called "memorials," are submitted in early January, cannot be revised should the team advance to internationals, and are often scrutinized by the judges in advance of oral argument rounds. The law library has volumes of past Jessup competition memorials if you are interested in seeing what they look like. Participation in an open research competition with a longer preparation timetable is very different from a short, limited competition. However, because the Jessup problem generally hits upon at least one unexplored or under-explored issue in international law, one ofthe competition's great benefits is that students become almost as knowledgeable as international legal experts on that issue. The longer schedule is also conducive to less-frenzied preparation and greater development ofboth legal writing and oral argument skills. Photos by Jean-ClaudeDehmel One-L Mentor Program? By Mike Lubking In my first year I was assigned a 3L mentor by the Law Review. She was great, though busy with her schedule and trying to get a job after graduation. In May I realized what was needed: someone who would be available for personal meetings and able to give good objective information and advice about the first year experience. I also realized that the best people to perform this service would be 2Ls, as they were the most immediately familiar withthe 1L experience. With the assistance ofthe SBA, I circulated a survey to lLs concerning these same concerns, and got enough returned to show there were students who shared my concern and supported the idea. Since that time I have been put together the "1L Mentoring Program" for the class of 2005, to be provided by The Living Well Center (mentor training), the Counseling Center (stress and other issues), Leadership Development, and the Career Services Office. It takes place in one day and takes about 5.5 hours. The goal is to give lLs a trained person who has just experienced what they are going through, and can give them sound advice on the first year experience. Besides making lLs improved students, which will benefit the law school, the mentors will make the whole first year go better. My hope is the program will be self-perpetuating, with this year's lLs taking over and running it next year. If you have any questions or are considering volunteering, drop a message in my law school mailbox, #396. The Niagara Cup Competition The Niagara Cup Moot Court Competition generally involves an international trade law issue, and takes place in mid-March at a Canadian or U. S. university. This year's competition will take place in Chicago. There are fifteen participating schools from Canada and the United States. Kevin Grossman, Dennis Jose, Charles Messina and Kimberly Conditi. The team will be coached by Megan Molak and Elizabeth Barcena. The Niagara Cup is not a regional qualifier, but rather a freestanding competition, with the regular submission ofbriefs and presentation of oral arguments. Members of the Niagara Cup team are selected as part ofthe Jessup board's fall intramural competition. The members ofthis year's Niagara Cup team are Laurie Batterson, The Faskin Competition uses a truncated version of the annual Jessup International Moot Court problem to test the oral advocacy skills of first-year students (no written briefs are required). Six participant schools from Canada and the United States meet at the March competition in Toronto, Canada. Members ofthe 8 to 10-member Faskin team are selected at the Spring intramural competition, which is generally held in February. 2 The Faskin, Martineau, DuMoulin First-Year Moot Court �November 25,2002 The Opinion Military Globalization to the Rescue Military globalization: the opening up of all sovereign borders to free access by every country's troops, tanks, and other military hardware. By John Haberstroh ances the U.S. effort has cast the field's loftiest concern - legal regulation of war and peace onto history's trash heap. How can the field be rescued from irrelevance and its lawyers and professors from professional demise? Military globalization is the only solution, even if it means a complete re-working ofthis area of international law. But before describing the concept more fully, let's look at what led to the war and peace law to its present desperation. After its Nuremberg triumphs, international law's war regulation division went through Cold War hard times. The U.S. and Soviet Union generally ignored it, because their self-interest was clear: each giant made its own sphere of influence where it decided what was law. And, in the competition between the two powers international rules - laws about not violating sovereignty, for example - would have just gotten in the way. So there was anarchy, internationally legally speaking, Korea, Cuba, Vietnam, and so many more, dozens of wars, police actions and acts ofbloody skullduggery. Finally, a U. to the Soviet Union's Vietnam, and eventually to With the Cold War over, global law backers saw their chance forrebirth in Iraq's invasion ofKuwait. Here was a clear violation ofinternational law, and an opportunity to punish Iraqi violation of Kuwaiti sovereignty. But Iraq wasn't the real target of global law backers, the U.S. was. The hope was the experience ofhammering Iraq under the UN flag would enlighten America to the rightness, or at least the usefulness, of being a servant of international law. The UN invited in force needed to evict Iraq and enforce itional law. It was a 'turkey shoot,' though lenty of law of war violations, but in the ria all was ignored or forgiven. The priaf global law and order in matters of war nd peace seemed to be established. gy Yet it was an illusion, as was seen in the next big war, Yugoslavia. There NATO and not the UN negotiated with, gave ultimatums to, and attacked Serbia. Yet still, could the shoving aside of the JN and international law - after all, Serbia had only 'invaded' itself- be accounted for as a one ime, special case? And the U.S. and its allies did espect the UN enough to ask for and get an okay after the war. Maybe initially ignoring the UN could be explained by two 'peculiar' UN Security Council members: Russia, blood brother of Serbia, and China, too darn sensitive about imperialism. Besides, international law was going to get to conduct a tribunal, like the good old days Jut no, the dream really is over, at least for the old-fashioned peace and war law. After the uniateral U.S. attack on Afghanistan and the comng invasion of Iraq, the U.S. attitude is clear, .ike President Bush said (more or less) to the JN and international law, 'You're either with us or you're irrelevant.' International law must take a back seat, the U.S. is drivine for awhile. The attitude should have been expected, of course. After all, during the Cold War the U.S. and the Soviet Union kept international power to themselves, so why give itup now when you have it all? Put differently, respect for old-fashioned notions of inter national law would mean getting practically nothing out of the most powerful and expensive military the world has ever known. Think about it: rather than being all legalistic and buying a country's oil, if the U.S. makes up its own international rules it can just swoop in and take it - you know, come in with attack helicopters and missiles and stuff, then maybe install a colonial potentate. If we did this kind of thing often enough, we (actually, our big corporations) would control the supply of critical natural resources to the other economic powers. Then you're talking monopoly prices and maximum profits. This kind of scenario could, of course, never happen under the old-fashioned international law rules. That's why we need military globalization, an explicitly U.S.-friendly interna tional law. Wrapping up the history, remember the Rambouillet Accord that we tried to force on Serbia just before the bombing? The agreement would have allowed free access for NATO military forces, their free movement, anywhere in Yugoslavia. In other words, war would have been can celed if Serbia had just made itself a trial run for military globalization. Rambouillet was the blue print for international law's great campaign to open every country's sovereign borders to free access by every other country's military forces. To explain why military globalization would be attractive to the U.S., first of all we are already militant advocate of economic globalization, lov ing open borders and open access for all comme cial products. This, of course, works great for ou biggest multinational firms, which are among th most economically efficient on the planet, and not so well for firms and countries that can't kee up. Military globalization would work out even more greatly for our military, with its unchallenged killing capacity. Even better, the US could now take the moral high ground, because under international law it would be just plain 'wrong' for militarily weak nations to maintain their sovereignty. Lastly, hypocrisy being allowed when you're militarily strong, the U.S. would still be permitted to get righteously angry and severely punish countries trying to violate our sovereignty. In conclusion, consider how this doesn't just save the war and peace division, it advances it to the forefront of international law. Military globalization would become a venerated second pillar, along with economic globalization, of the world's semi-official secular religion, with its legal proponents high priests and priestesses. There would even have to be an international military court, where supplicant nations would come to be scolded and taught the error oftheir ways. That's right, there won't just be exalted titles, highminded speeches and important conferences, there are judges' robes in this. Theoretical work would expand as well. It would be the field's great task to invest military globalization with universal legitimacy, and apply it everywhere, embracing always abstract principles and rejecting real consequences. With both wit and science legal minds would battle military protectionism, wielding impressive mathematical formulas to show that, though for now the U.S. rules, in the long run globalization will definitely raise all armies, making everyone strong. Lastly, and touchingly, the global law vanguard would bond during the great campaign, as it tirelessly promotes a bright, Utopian, borderless world, where warriors will freely and generously share their goods and services. If any of the above seems a stretch, see your economic globalization brethren for pointers. 3 Mad to Bear Arms By John Rudy ban Washington, DC, using a .22 caliber hunting rifle and striking targets from an average distance of 100 yards. To the unsuspecting eye, this may seem rather precise, but for a .22 caliber rifle the most common rifle owned in the U.S. - aft accurate shot from 100 yards is nothing remarkable. The snipers are just an example ofthe current lethal capacity of the country, and now marks a time for reexamination of our interpretation of the Constitution's 2 nd Amendment. The Amendment reads, "A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The NRA and the Supreme Court have focused on the main clause at the end of the amendment, not the purpose imbedded in the opening phrase. The framers understood that a "well regulated militia" would be necessary to protect the newly formed states from uprisings by nearby Native Americans and from border territories still occupied by Europeans (see: French-Indian War). Also, the American Revolution had succeeded due to the ability of local militias to unite. However, in so far as every American should have the right to own a firearm, the framers sole intention lies in the protection of the State. The framers could not have intended its modern purpose of hunting outings in pursuit of relatively confined targets or the irresponsible individualistic wielding of power. Nonetheless, the Supreme Court has relied on the second part of the Amendment to protect against limitations in gun regulations. Consequently, the majority of the country has become comfortable with the presence of guns in their homes and in their culture. In part as a result, the majority of Americans are bred in a culture of violence, and an obsession with the power of guns. In the end there is a devastating disregard for the potential harm that such weapons can produce. The incidents in Maryland and Virginia were a microcosm of the culture of violence that is predicated on the overwhelming presence of weapons in American society. In fact, the lack of gun regulations has led to an enormous black market where the capacity to kill can be bought for unTo prevent seemingly random attacks in our schools and streets, we must allow the government to regulate guns. I do not propose tnat we abandon the 2 nd Amendment. Furthermore, I do not suggest that all guns should be illegal or that no American be allowed to go hunting if he or she so chooses. However, I do think that we can reduce the possibility that lethal weapons fall into the hands ofthe wrong people. As a start, a .22 caliber hunting rifle does not need to be on hand in so many American households. The flood of such weapons into America's countryside, suburbia, and cities has fortified a culture of violence. The adverse affects of this culture, unfortunately, have most poignantly surfaced in America's poorest neighborhoods. Already, most state governments have realized the necessity to protect children and have enacted laws that hunting rifles and other guns cannot remain loaded in storage. Unfortunately, we cannot protect ourselves from the adults. Why not check the gun at a local gun shop until you need it to go sporting? This way, the government can track down a specific weapon and locate a murderer. Finally, on the issue of handguns and cop-killer bullets, the interpretation of the 2nd Amendment must be revisited. Surely the framers did not intend for a "well regulated militia" to fight with 9 mm. glocks. �The November 25,2002 Opinion The Disloyal Opposition: What Happened to the Democrats? By Chuck Case Democrats have a problem. Just a few short weeks ago, they effectively rolled over and played dead, never asserting a coherent platform on the two main issues ofthe day, domestic security against terrorism and regime change in Iraq. They claimed the reason for this focus, or lack thereof, was recent polling data showing that what Americans really cared about was some variety of kitchen table issues and not domestic security or P..yeah.. .0k.. .L00k I'm not here to ridicule stupidity ofremoving from your agenda, or treating as secondary, the possibility of waging war on another country or defending ourselves against somebody waging war on your country because, supposedly, the American people don't care. Besides, polling data wasn't the real reason the Dems played dodge the issue anyway. The real reason is that they were scared to touch these issues. Which brings us back about 18 years or so t0... 0h... 1984. Democrats are retreating from every political battle where they might lose ground. Meanwhile, the far left is grumbling, and building a large volume of politically charged thought, academia and propaganda they will wait to use when the first disaster strikes, running out from behind their bunkers and waving it in the faces of the American people screaming "I told you so." (If you're lost, please refer to the Walter Mondale talking points from his 1984 Presidential run, which can be easily found by looking for excerpts from his recent debate with now Senator Coleman...And yes, that was a cheap shot.) Democrats are huddled up and have no clue how to deal with the fact that President Bush, the man so anxious to have perceived as a dolt, s a tremendous amount ofcredibility with merican people; this is also eerily reminiscent of 1984. Democrats seem to be hoping that newspaper editorial boards all over the country can save them from their ideological drift. Well it's not gonna happen, they have to save themselves. Kire So, even though I'm no Democrat, I will, in my interminable beneficence, give them the key to rebuild their base and once again engage in a debate with the President. Are you ready, here is comes: Stop agreeing with him, or at least stop the "we're with the president but..." garbage. Now don't get me wrong, it's not that I want Democrats to forcefully disagree with the President, think they should disagree or are correct to disagree. Those considerations are not relevant here, I simply know they do disagree and I hate a coward. So buck up Senators and Congresspeople and join the debate. IfI have to turn on James Carville in order to find some interesting discourse again, I think, in a torrent of Sophie lean drama, I'm gonna go Oedipus on myself. (No, not whack my father and marry my mother. The eyes, the eyes!) Minority Leader and her anticipated foibles. Pelosi is a partisan on the far end ofher Rct:rum (that would be the left), from a district is so politically one-sided that she cannot sibly have a grip on reality (i.e. so liberal she need not have a reasoned discussion with anyone for several months out ofthe year) and as such is poised to assume positions so out of step with the rest of America that she will lead her party down the path ofruin. You know, the same reason the Democrats got excited about Trent Lott. But Republicans should take the bibs from around their necks, roll them up and use them as gags until they regain some perspective. Pelosi's place on the ideological spectrum is not determinative of whether or not she will be a good political operative. She will seek to do what Democrats have failed to do for some time now, actually, offer a voice of opposition. Yes, some ofher positions will fall outside ofmainstream American values. However, if she is successful she will build a record of opposition, a litany of dissent galvanizing the Democratic base against the Bush agenda and, most importantly, give the Dems something (anything) to run on in 2004. Remember, to score political victories sometimes the only person who needs to believe in a candidate's platform is the candidate. Remember, also, that the American electorate has a long-term memory problem - they rarely have one. A Mandate? Mandates are such a sticky thing to proclaim, yet someone always claims one and I really wish they'd stop (whoever "they" are at any given time). Let's recall some ofthe more recent examples. Clinton wins 43% of the vote in 1992, beating a lethargic opponent with some help from a third party egomaniac, claims a mandate, tries to nationalize the health care system, raises taxes, breaks a promise to cut middle-class taxes and two years later suffers one of the most stunning midterm losses in history. The net result of that loss to this day is that Congress is still controlled by the party that he helped usher in and his party has yet to recover. Now that same 1994 Congress claims they have a mandate. They undertake some bold plans to restructure Medicare, balance the budget, tamper with the Clean Water Act and eliminate entire departments of the federal government. The result, two years later the once embattled president trounces his Republican opponent, soars in jobapproval ratings, wins political battle after battle, even as the Congress wins policy battle after policy battle, survives impeachment and the Republicans suffer losses in Congress for three consecutive elections, learning the hard way that a blue dress doesn't equal congressional seats. So let's fast forward. George Bush loses the popular vote, wins the electoral vote by the skin of a pregnant chad (and Justice Scalia's teeth... that was shameless pandering to my audience), limps into office, unleashes his strateegerie 0f... sorry strategy... of pushing across-the-board income tax cuts, wages a War on Terrorism, plans to invade another country, gains stratospheric approval ratings and in a historic midterm election the party of the President actually gains seats! (this doesn't happen often), potentially giving him a mandate, which if we are to believe recent history, he will keep so long as he doesn't use it. The above litany of events notwithstanding, can a President or party in Congress really have a mandate where their opponents offer no real alternative solutions to the most important issues of the day? The answer could be yes if the reason they offered no real solutions was the fact that the mandate was already in place. So yes, a mandate may exist in the above scenario if a mandate already existed to begin with. (How's that for circular?) But gauging such a phenomenon is problematic. Since the Dems didn't offer any real alternative to change public opinion, we might, ironically, be left with public opinion polls being the gauge of voter sentiment instead of their votes (think about that and you'll get it), which is a distasteful (and Clintonian...Bill not Hill) proposition. 4 I he Point Being... ou folks starting to see y gripe yet? Don't get c wrong, I like inning, really I do. But something feels hollow about a victory when your opponent treats the ball like a hot potato. With that said, let me use a sports I example to tie this rant together. If I'm playing football and my opponents punt on everyfirst down in the hopes that my team will turn the ball over or simply fail to reach the end zone, I have no real way of gauging precisely what the inevitable victory over them says about my team's game plan. I'll let you tie the analogy together as you so Bob Dylan once sang, "A little piece of corn bread laying on the shelf/If you want anymore, you can sing it yourself, uh-huh." If you want any more conclusions, you can draw them yourself, you should be doing that anyway. Now that the above is off my chest, I have a pot ofcoffee that is feeling mighty neglected. M®reoslM3LO»« Continued from page 1 be a committee member but have a suggestion as to what the 3L Class Gift should be, please e-mail your ideas to Carrie Parks. But the most important way to be involved in the 3L Class Gift campaign is to GIVE!!! Once the committee has been formed and the social events mapped out, please attend and give to the campaign. What is our goal? The goal of the 3L Class Gift campaign is to have at least 30% class participation by encouraging members of the Class of 2003 to give $20.03 or more. A participation rate of 30% would surpass the participation rate ofthe past two 3L classes. However, if every student in the 3L class gave $20.03, the class would raise over $4000. In addition, the Law School will match all cash gifts made before June 1, 2003. That would increase the class gift to over $8000. A gift ofthis amount would almost double the gift made by the Class of 2001 ($4,835) and more than triple the gift made by the Class of 2002 ($2,675). As a final note, the 3L Class Gift campaign is a great way for the Class of 2003 to celebrate its last year of law school together. Let's leave a mark by making an important contribution to the law school! The Opinion Editor-in-Chief Managing Editors Senior Columnist John Haberstroh Alison Brunger Natalie F. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d51370ad9838ce933a5f7e8f85838c04.pdf 1ade5122b4089912030fe002f5252024 PDF Text Text OPINION THE Vol. 42, Issue # 1 THE 180 TO RACE By November 20, 2003 Perhaps I am naive and cannot grasp how an applicant with exceptional grades, a challenging undergraduate curriculum, unique life experiences, a Nobel Peace temporary cover in prestigious Prize, space travel on a shuttle graduate programs. The sharp mission and four Pulitzer Prize's increase in applicants has put would be unlikely for admission even more pressure on law if their LSAT score falls short of schools to court the most talented a school's arbitrary cutoff students to join their ranks. number. It seems unjust that an While students have put their applicant who has not shown reputations into the hands of law themselves capable of anything school admission committees, for their first twenty-one years on admission committees have Earth and has shown absolutely placed their school's own no indication of any future academic reputations into the contribution will be a better hands of commercial law school candidate for admission if they rankings such as the one released meet or exceed the same arbitrary annually by U.S. News and World number. As someone who might Reports. In the world of be a colleague of yours one day, academia, it seems like an ugly which student would you want race to reign at the top of the top, working alongside of you? and through pressure from alumni Students who have excelled in and administration, admission their four years of undergraduate officers have been reduced to study often have the cards relying too heavily on stacked against them if they are standardized exams as the not first-rate test takers. There deciding factor for an applicant's are however, ways for schools to acceptance. battle back the temptation of Michael Mann, '06 Over the next few months first-year applicants to UB and law schools across the country will find their long anticipated admission results stuffed in their mailboxes. Some envelopes will carry acceptance letters and glossy brochures inviting them to join a prestigious school, while many, more than ever before, will have a one-page form letter that reads something to the sound of: "The admissions committee has completed a thorough review of your application and regret to inform you that it is our decision to deny admission." As the nation's economy continues to slope downward and the job market shrinks, the number of applications to the 181 ABA law schools will continue to rise. Graduating college seniors will do almost anything to avoid the marketplace and have found PROFESSOR PROFILE: NADISHAHRAM Staff Q: Where are you originally from: city, state, country? A: I was born in Tehran, Iran and at the age of 7 my family moved to Borujerd from the province of Lorestan. Q: Where did you go to undergrad and law school? A: I got my bachelor's degree and JD degree from ÜB. Q: Married? Children? A: I am married to Dr. Paras Prasad and have two absolutely beautiful daughters, Melanie and Natasha. Q: Area of practice, what did you want to practice when you were in law school and what did you actually practice after law school? A: When I first started law school, I wanted to become an immigration attorney and advocate only for refugees and people who could not afford high fees of immigration attorneys. At that time law school only offered one immigration course (which I took). In 1997, when I graduated from Law School and had my second daughter Natasha, we moved for a year to Zurich and Paris to spend my husband's sabbatical. While we were living over-seas I was introduced to the concept of mediation and I simply fell in love with it. So when we came back here in 98,1 found out that Buffalonians are not very big on mediation and in particular matrimonial mediation. I took the challenge upon myself to open an office, which solely practices matrimonial mediation. I went through basic and advanced training in Rochester, New York and at Harvard. Q: Current practice, what area of law do you practice, what are some of the hardest things about your job and what are the rewards? A: It is heart breaking to see that couples get caught into resentment and blame. They do not know how to get out of this cycle of unhappiness and hurtfulness. The best reward for me as a matrimonial mediator is when they leave my office with much dimin- ished anger towards each other and a real sense of hope. They actually look forward to end an unhealthy relationship and look forward to a new beginning. And this is what I call a spiritual divorce. Q: Your teaching, What made you want to teach your current course? A: When I was a student at UB law school, there were not so many different kinds of courses to choose from and I thought that it would be nice to offer students some choices. Even more so after the tragedy of 9/11 I was determined to offer the UB law students a chance to be exposed to family laws in Eastern Countries, which are totally different from our American Laws. Q: What other courses would you like to teach or what other courses do you have an interest in? seemingly mechanized admissions. One possible solution is for schools to collectively agree to release data to law school ranking services on only their top twenty five percent of LSAT scores from admitted students, which would relieve the pressure felt to admit students strictly by their numbers. Law schools choosing to omit information on students whose LSAT scores were not in a class' top quarter, would allow more leeway for admission officers to review the other seventy five percent of its applicants holistically. Perhaps if schools were able to remove some of their accepted students from the scrutiny of magazine editors, admission staff and talented professors serving on admission committees could return to the practice of admitting the qualified applicant, even if their standardized test scores fall short of an arbitrary number. A: Presently I am working to develop yet another course Domestic Violence in Moslem Families?for the fall semester. I would be offering the same course Religion, Family Law and Culture?in the spring. I am currently engaged in a research on the Topic of Temporary Marriage?which is a short duration contractual marriage currently being practiced in Iran. I also intend to write a book on this subject. Q: What do you want or expect students to get out of your class? A: I would like them to develop a keen awareness that what Islamic Countries are preaching about Islam is very dependent on their interpretation of Islam. Q: Where do you see yourself professionally, 10 years from now? I hope to have accomplished a major goal of successfully having changed couples approach to divorce. At UB I hope that we would be offering many courses dealing with global sociopolitical issues. And you never know I might be the second female president of ÜB. Ms. Shahram taught at UB Law during the spring of2003. �VOL. 42, ISSUE # 1 The Opinion By Patrick D'Arcy, I'd like to mention the obvious: we are all interested in getting the "right" job during and after law school, and more importantly, keeping it. While we tend to think that those from the highest ranked schools land the "best" jobs, there is considerable evidence that pedigree only initiates interest. You still have to impress the person making the hiring decision, and I have met many people from "prestigious" schools that I would never hire. Let's assume your resume triggered interest, and your "screening" and "fly-back" interview landed you gainfully employed at the firm of Big, Bigg and Bigger. Now, you must do more than survive, you must thrive. But, when a firm is about to fire or lay off its attorneys, it needs to go into "stealth" mode. You need to know the signs that the axe is about to fall - before it falls on you. Here are some of the more common signs that all is not well. You perceive that the partner's attitude toward you has changed. Be sensitive to it. When the partner is acting differently toward you, by being unfriendly, standoffish or even avoiding you be concerned. What is the reason? Are you making her upset? Review your actions. Did you tell the partner that you were going to do something, and then never did it? Did you make the partner look bad? Have you embarrassed the partner at a meeting, or by saying things that reflect negatively on — 4 D YWAORNUIGS! JB ANGER!!! 06 her? The partner is like the family dog: he will continue to wag his tail when he sees you, provided that you treat him well. The firm gave you a written warning, or took disciplinary action against you more than once. While they may say that this is to "improve" your performance and "help" you succeed, a better interpretation is that the firm is building a case to fire you. Even verbal warnings of a subtle nature can be used to build a case. Read the firm's employee handbook to see if a written final warning is needed before they can fire. Although most firms operate under "at-will" employment, they still like to have written documentation to support your firing in case you sue. However, one way around this problem is to lump you in with a group layoff (called a "reduction in force") and say that the business conditions eliminated your job. Most days, you sit and twiddle your thumbs. This is a big warning. It is unreasonable for a firm to keep you on the payroll if you perform minimal "servfefcs-.' What ■ happened that you find yourself in such a position? You must think about transferring to something solid, and start doing some internal marketing to work for another partner with something more substantive. Handle this in a very low-key way. Influential people within the firm hardly respond to your memos. You get practically no feedback anymore, not even from your partner. If your partner's attitude has also changed, it is time to start packing before you get the boot. The firm has begun laying off employees, and you are among the highest paid. Usually, the new hires are the first to be let go, right after the temporary help is booted. Management begins looking at numbers, and then they begin saying, "Hey, Jill could do Mary's job," or "We could replace Steve with someone cheaper." The firm's revenues are lagging, and do not have good management in place to correct itself. In my experience, I have been utterly amazed at the level of ignorance at the top. For one thing, they talk in jargon or slang that is not easily understood. Using slang which is subject to varying levels of interpretation is an easy way to mask what they don't know. An example: "You'll have to boost productivity and find ways to cut costs." It is perfectly reasonable that companies M-* crease their output and find ways to process the work cheaper. However, when you ask them how, theyreply, "There are ways, I'm sure, so get back to me with the new process that meets these objectives." See the trap? Trying to get specifics puts them in the hot seat of knowing how things get done, and they don't know. Therefore, they put it back on you. If major accounts have recently defected, and the customer base is dwindling, then it is only a matter of time before they fire you. I mean it would be a real drag if they had to forgo their usual bonus when firing you realizes the needed cost savings. You were excluded from a meeting you normally attend. Suppose you usually attend the departmental meeting, but this time, you were not invited. I wouldn't rationalize it, and hope all is well. What was their reason? It could be that you are not going to be in the department long, and your presence is not needed. Slights like this are intentional. The partner might make light of it, but that's because he is not in the position to fire you, yet. Senior management wants "flow charts" on how the work is performed. This is a dead give away. When management above you needs this level of detail, plans are underway to eliminate jobs. They need specifics, so they can figure out whom to give the axe. Remember, though, the people' making these decisions are usually clueless about the impact of their actions, and if mistakes are made, they'll blame it on you as you are being laid off or fired. A new associate shows up, and you are required to introduce him to your accounts and "show her the ropes." Game over. Continued on page 3. Your Adhere!!! Get Your message out to hundreds Of UB Law Students! For more information, Contact: The Opinion at Buffalo Law School O'Brian Hall, Rm. 101 Buffalo, NY 14260 University �The Opinion RACE TO 180 (CONTINUID FROM P. 1) Sure, schools could pad their LSAT scores in the top twenty five percent of their class through large scholarships for high scorers, but then ranking services would be forced to look past a number and evaluate other important elements such as its faculty, program diversity, bar passage rate and percentage of students employed after graduation. Law schools should be in the business of accepting applicants that will make the best students and the best lawyers, not only opening their doors to the best test takers. . November 20, 2003 Many of these flaws will continue to remain on the backburner, but the influence of the LSAT raises the essential question of what schools should be looking for in its applicants. Perhaps it is time to end the LSAT numbers game and return the exam to the place it was originally developed for, a mere component to an admission process, developed to predict an applicant's fitness for legal studies and ultimately the practice of law. It is scary to think there will be soon be an outrageous number of new attorneys who have never really had a prior commitment to the study of law or any future interest in the practice of it. WARNING! (CONTINUED FROM P. 2) The "rope" is the one that you are now tying around your own neck. Make some quick moves, line up a new job, and make a fast exit while there is still time. The best antidote is to control key accounts or acquire indispensable skills, such as detailed knowledge of complicated areas of the law. If you can control the money into the firm, or become a large factor in its production, then you have indeed mastered the key ingredients to career longevity. Patrick Darcy is president ofa closing company in San Fran- Cisco, a subsidiary of E-Loan, the nation's largest internet loan originator. Previously, Pat worked at the Dallas headquarters of Centex Corp., an international real estate contractor, and was Corporate Vice President and Chief Title Officer. Interested in writing for The Opinion? Improve your resume and publish your views! Look for organizational meeting announcements, or drop a note in box #194 with your email address. DEMOCRAIIYNSHT RAQ By William Trigg, '04 In present day Iraq the Shiite religious establishment is poised to gain certain control of Iraq's future political infrastructure. The Shiite population of Iraq is comprised of sum 14 million people and almost 65% of Iraq's total population. Although concentrated in the south of Iraq, Baghdad's suburbs are filled with multitudes of this religious majority. Formerly an oppressed people, their fate is drastically changed with the U.S. coalition victory. It is in this new environment that Iraqi Shiites will eventually decide on secular democratic or theological voting tendencies. Far from being of one particular theological persuasion, the Shiites of Iraq by numbers alone will take control of whatever state or federal apparatus provided by the coalition. It is within this framework that Shiite leaders will yield power through the allocation and/ or the possession of votes for those candidates deemed acceptable. Along theological grounds, there will be the pre-Khomeini, secular Shiites or those Shiites aligned with the system of Vilayat-e-Faqih, better understood as the notion of a supreme jurist possessing authority in all state matters, ie. Khomeinism. The current available public information concerning possible political persuasions show that most Iraqi Shiites prefer a secular democratic model of government. Although this might be true, it does not dilute the power of the Shiite clergy to direct, influence or change the outcome of political contests. The three most influential clerical or quasi-clerical leaders including Ali Sistani, Abdulaziz Hakimi and Muqtada Sadr are at the forefront of this Iraqi Shiite democracy. Ali Sistani, representing a moderate Shiite line, will direct votes for those following the traditional "Hawza" (theological university education system) line of authority through recommendations and outward support for desirable candidates most likely to join secular democratic principles with ethical and religious astuteness. Abdulaziz Hakimi, the deputy chairman of the Supreme Council of Islamic Resistance in Iraq (SCIRI), if not a direct representative himself, will also use his voting block to influence local and national elections in favor of Shiite politicians of the Vilayat-eFaqih affiliation. Although not a public supporter of the theocratic model, SCIRI's roots are intertwined ideologically with the Iranian religious infrastructure. An important goal of SCIRI is to wait, observe, influence and vote themselves into a theocracy. Muqtada Sadr is another stra- tegic participant controlling an expansive voting block. His political aspirations are aggressive and calculated. Sadr, if not appointed to any position in a new Iraqi government, will utilize his voting contingent in order to propel himself into legitimate political power. Sadr is clearly a Shiite advocate, but with Arab na- tionalist tendencies, it is not clear who or what political ideology he supports outside of his own mix of radical Shiite Islam and Iraqi nationalism. Shiite democracy in Iraq will originate from the Shiite clerics already commanding substantial support, as there is no trend to support lower ranking religiously uneducated clerics who do not at this moment yield religious or political power. The future of Iraqi elections rest with the ideological leanings of the Shiite establishment and their intention to run for public office or lend support to other candidates. �The Opinion November 20, 2003 DEMOCRATISABOTAGE By John Rudy, "05 Terry McAuliffe, Chairman of the Democratic National Committee, should take swift action with regards to the candidacy of many of the so-called "Democratic hopefuls." The DNC's approach is both alarming and misguided. Concededly (though no less unfortunately), President Bush presents a difficult challenge to overcome for any Democratic candidate in 2004. Why, then, Mr. McAuliffe, is the Democratic Party tolerating the circus that has become its Presidential Campaign? My proposal is to narrow the field to three candidates who have a legitimate chance of winning not only the nomination, but also the general election. In other words, to many contenders: "Get out of the race, you are confusing the electorate!" This way, the Democratic base can rally around one candidate and present a clear message to the critical mass - the twenty to thirty percent of the truly undecided. In order to demonstrate my point, let's examine the viability of each candidate individually. First, Ambassador Carol Moseley Braun. In the latest Zogby poll, she returned with a competitive five percent among Democratic voters. While she carries an impressive resume, I think that she will better serve the country, and the party, as the next Democratic President's Secretary of Education. Second, Representatives Dennis Kucinich and Richard Gephardt. I consider them one, because each has equal prospects. Although a good speaker and an attractive idealist, Kucinich ment (Bill and Hillary) has selected Clark as the candidate for the Party. Furthermore, his status as a general neutralizes the Re- should solidify his seat in the House, and become a national leader as a representative. Carrying one percent of Democrats merely evinces the fact that he has a headquarters for his campaign. Likewise, Gephardt is a good Democratic leader in the House, and has served well as the minority voice for some time. However, his campaign has been dwarfed by the fact that his appeal is similar to that of many other candidates. Nonetheless, as a representative from a state that will be contested, Gephardt could turn into a serious candidate as Vice President, a la Al Gore in 1992. Recent polls have demonstrated that Gephardt is a viable national candidate. Third, Senator John Edwards. Personally, I think that Edwards presents an interesting choice for the Democrats. He comes from a union family and can deliver a concise message. Furthermore, he has the demeanor that will wear well on the national stage. Most importantly, if Edwards can demonstrate that he could break the Republican stranglehold on the South and win one state (e.g., North Carolina), he will be a frontrunner come spring. Nonetheless, he has been unable to make national progress since June. For Christmas, he should get his walking papers. Fourth, Reverend Al Sharpton. have I enjoyed Sharpton's presence in the race thus far, but I think that he should discontinue his campaign before the New Year. Sharpton has provided a viewpoint that is unique to the other candidates. As such, his part in the early debates was beneficial. Moreover, his candidacy forces the media to at least hear his position. Yet I think that he should bow out after the early lowa Caucus and New Hampshire Primary. Fifth, Governor Howard Dean. Dean has revitalized the once discarded liberal masses of the old regime. His contributions to the unification of the Democratic base are admirable, and thus he should continue his campaign. However, I believe that Dean represents a losing ticket in the general election to the degree of one George McGovern. In a campaign against Bush that asks every voter to align with a party (which will be the result of Dean's incessant anti-Bush rhetoric), the Democrats will lose, unless voter turnout is unusually high. Dean must demonstrate appeal to moderates before he gets the nomination. Sixth, Senator John Kerry. Kerry symbolizes a dying breed of northeast political candidates. While his resemblance to the Kennedy family is startling, I doubt that his candidacy will carry such a similarity. Yet Kerry has been a strong candidate throughout the early months. Kerry is very smart, but ultimately, he suffers from the same personal attributes of Al Gore, and comes off as a bore. The latest turmoil in his campaign will prove to be a desperate attempt of a failed campaign or a brilliant tactical shift. Seventh, General Wesley Clark. Clark has two major flaws: he is not a politician, and he may be a Republican. Nonetheless, the Democratic establish- publicans-are-better-at-homeland security/defense argument. This strength may outweigh his shortcomings. More to the point, the Democrats recognize that with Clark, they can win. However, after his quick ascension in the polls, Clark has proven to be less like Eisenhower every week. Finally, Senator Joseph Lieberman. Lieberman has run, at best, a lukewarm campaign. Riding the coattails of the 2000 disaster, Lieberman's campaign has presumed that he is entitled to the nomination. Yet Lieberman should quietly withdraw to his seat in the Senate and continue his service. Although the most recognizable Democrat in the field last year, Lieberman has not made progress in any of the major primary states. In fact, he has elected to forgo the early primaries. Consequently, he should stop the charade and turn his voters to one of the remaining feasible candidates. In a close election between the minority party and an incumbent wartime (that's right, it's not over) President, the critical votes will be decided by moderate states by moderate voters. (See, 1992 Presidential Election) In order to convince those voters that the Democratic candidate is worthy of their votes, the Party must rally behind its candidate early next year. However, by maintaining an egalitarian method of potential nominees, those voters will be alienated and compelled to reelect President Bush. The Opinion STAFF: Editors-in-Chief: John Rudy, William Trigg Managing Editors: Michael Mann, Patrick D'Arcy The Opinion, SUNY at Buffalo Amherst campus, 404 John Lord O'Brien Hall, Buffalo, NY 14260, (716) 645-6387, is published in the Fall and Spring semesters. The Opinion is the student newspaper of the State University of New York at Buffalo School of Law. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and piece writer New submissions of articles, cartoons or advertisements are always welcome and may be submitted to the Opinion mailbox in the SBA office, or via email to the Editor-in-Chief at haberstr@yahoo.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit letters to the editor. The Opinion in no way endorses the viewpoints of its various columnists and contributors. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/651ac9a929ed5e266823b9cb223a238d.pdf 6e61df6f5b475fb14abaf83045a07047 PDF Text Text THE OPINION Finals Edition!!! Vol. 43, Issue 3 The Official Student Newspaper of the University at Buffalo Law School Records and Registration changes hours Buffalo, NY—The memo in our email inboxes from Associate Dean Karen Cowart said it all. It was a Thanksgiving treat for all law students courtesy of Dean Olsen, Dean Cowart and the Student Bar Association. After continued complaints from law students both young and old, Records and Registration will only close from 1-2pm, instead of the previous hours of midday closure (12-2pm). The 2 hour midday closing has been explained in the past as a chance for the Records and Registration staff to catch up on student paperwork which cannot be completed with students constantly streaming to the R & R window. Some of these tasks include filling transcript requests, inserting grades to student records and preparing for class registrations among many others. However this semester, the Student Bar Association suggested that this work be completed at another time of day which could be more convenient in student schedules. The SBA felt that too many students are forced to wait an extra 2 hours on campus just to address their business. When brought to the attention of Dean Olsen, he agreed to intervene and was quick to act. With the hard work of Dean Olsen and Associate Dean Cowart students have an extra hour in the afternoon to do their Records and Registration registration. New Times for Records and Registration 9:00am—1:00pm 2:00pm—4:00pm Closed no more thanks to the efforts of Dean Olsen, Associate Dean Cowart and the SBA. This Month in the Opinion… Harvard comes to campus More Library tales Horoscopes BPILP Jazz Night Lots more articles & Opinions…. THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 December 2004 Got Student Loans??? By Mari McClure ‘06 Buffalo, NY—Many law students who finance their legal education with federal student loans find it commonplace to open the mailbox (or the inbox) and find loan consolidation solicitations. The thought of student loan payments and the complexities of consolidation can be very daunting, leaving many students mystified and perhaps vulnerable to the soliciting consolidators. Although it may feel that graduation day is never going to arrive (particularly during exams), the highly anticipated day is right around the corner and the monster of educational debt will soon rear its ugly head. But take heart! There are people, fellow students in fact, who are in the business of helping students understand personalized strategies to manage the monster successfully. The company is called Graduate Leverage (GL) and the Student Bar Association recently sponsored a lecture where one of GL’s founders and current Harvard University student, Andrew Solomon, spoke to attendees about how GL can help. Mr. Solomon offered an informative presentation which included student loan con- Andrew Solomon of Graduate Leverage speaks with John Rudy ‘05 solidation suggestions and an overview of the consolidation process. GL is a student loan consolidation and debt management company founded by postgraduates from top colleges and universities. The company developed as a result of a field study at Harvard Business School where future GL founders analyzed the student loan industry and the issues facing students regarding loan consolidation. Today, by working with financial aid offices and student body organizations, GL operates to give a fair and impartial message on debt management. During the lecture, Mr. Solomon offered many pointers to assist students interested in consolidation. For example, there are two government sponsored consolidation programs, the Direct Program and the FFELP Program. Both allow for simplification of the billing progress through one bill, lower monthly payments, and the opportunity to lock in a low interest rate for the life of the loans. The programs offer different incentives (timely payments for example) and benefits. Additionally, Mr. Solomon discussed the timing of consolidation and likely changes in interest rates. The rates reset on July 1st and the announcement of the new rate will affect the timing of consolidation. Cont. on p. 6 SBA Looks to Website to Help Students Pick Professors & Courses Buffalo, NY—Deciding what classes to sign up for during registration can be a difficult task if students are unsure about a professor or what his or her class may be like. Hopefully not anymore. The Student Bar Association's efforts have brought students one step closer to providing teacher evaluations through the use of a Web site not affiliated with the SBA or the Law School. The SBA recently started discussions with Pick-A-Prof to provide a forum where students can evaluate their professors and set up mock schedules based upon the classes they are looking to take and the evaluations given by others students. Soon students can log onto the Pick-A-Prof Web site, www.pickaprof.com, and set up a mock class schedule with the classes available for the coming semester. However, at first there will be no teacher comments or grade histories posted for each professor. Started in April 2000 by Chris Chilek and John Cunningham, the site was established because they saw a great need for students to know more about professors and classes on campuses throughout the country, Chilek said. “Students will usually ask their friends the professors they've had and whether they were good or not,” Chilek said. “Basically, we took that idea and expanded it to the 1 point where you could find out information about a professor before you registered for their course.” One service provided on the site is a student review option where students can write evaluations about a professor or read comments from others. The site does not allow profanity or personal attacks on professors, and reviews are ranked according to how useful they are, Cunningham said. “A review is not just checked over by a computer software that is looking for bad words,” Cunningham said. “It is actually read by a human here in our office.” Reviews that focus more on courses are more likely to be posted, Chilek said. “We like to post whatever information will be useful to a student considering taking the course, including exam type, homework load and attendance policy,” Chilek said. “General information that actually has some benefit rather than ‘good professor’ or ‘bad professor.’” Students can also see average grades for a certain class listed -- including the number of people who have dropped the course -- by professor, course number or department. Some faculty and staff members on various campuses have been skeptical of the site as a reputable source because they are not aware of what the site provides, said Karen Bragg, director of university relations for the site. “Some professors don't like the fact that students can come on our site and complain about them, but I explain to them that we don't accept profanity or personal attacks and 75 percent of the reviews praise the professors.” Mike Mann, SBA president, said the SBA is working to post this semester’s schedule on the site so students can comment on their professors after final exams. Mann said Pick-A-Prof will not replace the teacher evaluations now in use, but will give the students an outlet where their comments can be viewed by other students. “My greatest concern is that students will not abuse the service and that any negative feedback about professors would not hurt the [Law School’s] reputation and recruitment. Right now we are looking for just a test run and if needed work with the faculty to address their concerns.” A resolution will be proposed during the final SBA meeting of the semester to encourage the SBA to implement the Pick-A-Prof system. Other news from the SBA include: • A successful Thanksgiving Food Drive, cosponsored by BarBri to benefit the Western NY Food Pantry, thanks all who participated! • Textbook exchange on www.ubsba.com �The Opinion Rehnquist’s Legacy Shaped by Efforts to Limit Federal Powers, and His Dissent in Roe v. Wade, Says Supreme Court Expert Bush Likely to name new chief justice from outside of current court Buffalo, NY—If Supreme Court Justice William Rehnquist soon retires from the bench because of thyroid cancer -- as many speculate he will -- he will leave behind a legacy as "a strong chief justice, generally well-liked by his brethren," according to a Supreme Court expert at the Law School. "Rehnquist will be remembered for leading the court in the movement to curtail national government powers. That was something that he initiated and was the principal moving force behind," says Professor Lee Albert. "He thought it was time for Congress to be reminded that there are states, and there are some things that states can do as well as, or better than, the federal government." Rehnquist also will be remembered for his dissent in Roe v. Wade. "Of course, he is identified as being staunchly against Roe v. Wade and its progeny," Albert says. "He was one of the two dissenters, and a strong dissent it was. He has been consistent on abortion since then. "His opinions in many areas reflect a narrow view of constitutional rights," Albert adds. Though consistently conservative in his opinions, Rehnquist has been "not a man of total predictability," Albert says. "He surprised many when he wrote the majority opinion (in 2000) to maintain the Miranda warnings though he originally opposed Miranda (in 1966). This showed his interest in stability; it showed that he's not just a results-oriented kind of justice." Albert expects President Bush will look outside the current court for a chief justice to replace Rehnquist. "This will be a special appointment for Bush because he will not just be appointing a justice, he will be appointing a chief justice," Albert says. "One current justice might qualify as chief justice -- Justice Antonin Scalia -- but that would be far too controversial and I don't think Bush wants to pick that fight." Albert and most court observers speculate that at least one other justice will step down during Bush's second term, and that Bush will appoint a conservative justice in the tradition of Clarence Thomas and Scalia. "Bush's choices for lower courts have been controversial by virtue of the appointees having pronounced conservative views on the hot issues of the day. There's no reason that would change when it comes to high court appointments," Albert says. So what is the story with the Class of 2007? The students range in age from 20 to 50, with 53 percent men and Buffalo, NY—The 247 students who 47 percent women. Fourteen percent are from out of state, Wiley-Upshaw make up UB Law School's Class of 2007 are diverse in age, geography, says, and 9 percent are from other origins and life experience, but they countries, including Korea, China, share a crucial ingredient for success Canada and Spain. Coming to law school out of sciin law school: smarts. entific backgrounds seems to be Nearly one in 10 already holds more common. Twenty-seven Class an advanced degree. Their median of 2007 students were science magrade point average of 3.44, and jors in undergraduate or graduate their median LSAT score of 155, demonstrate the high academic qual- school, representing such disciplines ity of this newest group of UB Law's as biology, chemistry, electrical engineering, and aerospace and aerofuture alumni. "Our tradition of admitting smart, nautical engineering. hard-working, diverse and interesting students continues," says Lillie V. Wiley-Upshaw, associate dean and director of admissions and financial aid. "There are nontraditional students, defined as anyone not directly out of undergraduate school; parents; people from out of state and throughout the state of New York; students who lived in the inner city and some who grew up in rural settings. We have war veterans, and others opposed to military service; first-generation students, and others whose mothers and fathers are attorneys." Featured in the UB Law Links Watching & Being Watched: UB Art Exhibitions and Law School Workshop Confront Issues of Privacy & Censorship in the Age of the Patriot Act Buffalo, NY—Concerns about privacy, surveillance and censorship are not new to the world stage. With the passage of the USA Patriot Act, however, members of the art and legal communities have begun to raise new questions about the chilling effect of government policy on artistic expression. The University at Buffalo Art Gallery and UB Law School collaborated in a unique way to discuss the impact of government policies on cultural production and personal privacy, and the art community's response to censorship. Two exhibitions in the UB Art Gallery in the Center for the Arts -- "Arnold Mesches: The FBI Files," and the group exhibit "Shutters" -provide a compelling backdrop for a workshop, "Government Policy, Cultural Production, Personal Privacy," held September 10, in the UB Center for the Arts, hosted by UB's Baldy Center for Law & Social Policy. "A consummate painter who juxtaposes images from history, memory and the contemporary media, Arnold Mesches always has challenged viewers to consider the world's inconsistencies in the past and present," said UB Art Gallery director Sandra Olsen. "Since this series was prompted by personal experience that required the artist's own legal action, it seemed natural and appropriate to examine and discuss these and related issues with our colleagues at the UB Law School." Added Dean Olsen: "The UB Law School is proud to cosponsor with the UB Art Galleries a conference that will address the impact of governmental surveillance on cultural production and personal privacy, the availability of the Freedom of Information Act to provide the artist with a record of the surveillance and the response of the artist to censorship. "While government surveillance of the arts has a long history in the United States, recent developments in technology and the heightened concern over terrorism have raised these issues in new and compelling settings." Happy Holidays Happy Holidays Happy Holidays Happy Holidays L to R: Lisa Gibertoni, Kelly Connors, Burim Namani & Amanda Bowman 2 For artist Arnold Mesches, the issue of government surveillance is central to his work. Through the 1966 Freedom of Information Act, he obtained a copy of his 700-page FBI file, which contains information collected by informants during the McCarthy era. Suspected of Communist activity, Mesches was investigated with the help of students, fellow artists, even a lover. Mixed media works containing copies of part of his FBI file were on view in the UB Art Gallery through Sept. 13. In "Shutters," an exhibition opening in UB Art Gallery ran through Nov. 23, artists like Niels Bonde from Copenhagen address the concept of contemporary surveillance in their art often by simultaneously placing the viewer in the role of watching while being watched. "The rules of the game are always more complicated than we think," explained Bonde. "'Shutters' investigates how people inhabit a variety of domestic interiors by focusing on the act of watching," added UB Art Galley curator Sandra Firmin. "Both internal and external surveillance are certainly central to the exhibition, but voyeurism, the uncanny presence of something lurking and the pleasure derived from being seen also are integral to contemporary states of dwelling." During the UB workshop, artists and experts in law and advocacy looked back on the events of Mesches' time and responded to the impact of current government policies on cultural production and personal privacy as illustrated by the artists in "Shutters." The workshop's first panel, moderated by Firmin, provided a historical discussion of the McCarthy era and ramifications of the Freedom of Information Act on the visual arts. In the second panel, UB Law Professor George Kannar moderated a discussion on contemporary threats to freedom of expression, focusing on the implications of the Patriot Act, censorship and trends in Amherst No Longer Safest Town in U.S. Amherst, NY – Watch your back everyone while walking to your cars. No longer can we proudly claim that Amherst is the “Safest City in America.” After a four-year reign, the Town was voted out of the top spot, falling to the third place in the rankings of the nation’s safest cities— behind Newton, MA, and Brick Township, NJ. Each year the Morgan Quitno Corp. publishes the official “City Crime Rankings” book, which is based on the FBI's uniform crime statistics report for the year. The report compares 350 municipalities with populations above 75,000. Though the rationale for the rankings – similar to US News’ rationale for ranking the Law School is unknown, we will likely have an idea once the book is published. The Buffalo News reports that there is a 20% increase in violent crime right here in Amherst, including a 2003 homicide in Williamsville which threw us off track. The Opinion Newspaper disputes this increase in violent crime since the only homicide occurred in March 2003, when a man allegedly stabbed his mother 77 times inside their home because he thought she had “an evil eye.” Leave it to an incident such as this to dethrone Amherst as the safest city. In case you are looking to move after graduation, after Amherst, the next seven safest cities include Mission Viejo, CA; Clarkstown, NY; Lake Forest, CA; Thousand Oaks, CA; Colonie Cary, NC; and Dover Township, NJ. Places we advise you to move to: Camden, NJ must be proud to be ranked as the country's most dangerous city followed by Detroit (just ask Ron Artest); Atlanta; St. Louis; Gary, Indiana.; Washington, DC; Hartford; New Orleans; Richmond; and Birmingham, AL. �The Opinion December 2004 Pensions, Politics, and the “Public Interest” Professor Jim Wooten Probes the History of ERISA Buffalo, NY—In a time of increasing cynicism about the workings of government and the role of special-interest lobbies, Professor James A. Wooten's new book of legal history is refreshing: It tells the story of a major piece of legislation that benefited millions of workers and came about because public servants wanted to do what was right. The book, due out in January, is The Employee Retirement Income Security Act of 1974: A Political History. ERISA, as the complex law is known, was the federal government's first major foray into regulating private pension programs. Through such measures as fiduciary standards of conduct, minimum vesting and funding standards, and a government-run insurance program, ERISA sought to ensure that no employer would ever leave its retired workers impoverished by defaulting on its pension promises. Contrary to other political historians' assertions that special interests called the shots as ERISA took shape, Wooten shows that the legislation was the product of committed and reformminded politicians, most prominently Sen. Jacob K. Javits, R-N.Y. "Before 1974, there was only minimal regulation of pension plans," says Wooten, whose book is being published by the University of California Press in conjunction with the Milbank Memorial Fund and the Employee Benefit Research Institute. "The questions I started with were, who wanted ERISA to pass, and why did it pass?" To answer these questions, he did a decade's worth of research in primary sources. The list of archives he mined for information is long: the presidential papers of John F. Kennedy, Lyndon B. Johnson, Richard M. Nixon and Gerald R. Ford (who signed ERISA into law); archives of the fed- Marie Nesbitt Promise Prize Awarded to 2L Valencia Buffalo, NY—Vikki L. Pryor, president and CEO of SBLI USA Mutual Life Insurance Company, Inc., awarded the third annual Marie Nesbitt Promise Prize to Sara L. Valencia, a 2L. The award was presented by Josephine S. Nobel, the 2003 Marie Nesbitt Promise Prize recipient, at the 22nd Annual Scholarship Dinner of The Minority Bar Association of Western New York on October 1, 2004 at the Buffalo Convention Center. The $5,000 "Promise Prize" award is bestowed annually on a student of African descent who has shown academic achievement and professional promise during the first year of law school at the University at Buffalo, Ms. Pryor's alma mater. Ms. Pryor created the award in 2002 in memory of her grandmother, Marie Nesbitt, who was a great granddaughter of slaves and whose formal education stopped at the third grade. Having lived through the Great Depression, World War II, as well as the Jim Crow and Civil Rights eras, Ms. Nesbitt was a woman of strong opinions and deeply held principles who was an inspiration to everyone with whom she came in contact. "Despite the very real difficulties that my grandmother endured, she was an inspiration for me and for every person she touched. Marie Nesbitt taught me to reach for the stars by doing my best, to stand up for what I believed in, and to never give up," said Ms. Pryor. "For the third consecutive year, my grandmother's legacy of giving will be passed on through the Marie Nesbitt Promise Prize. Over time, the award will create a network of young people dedicated to achieving their human potential and hopefully giving back to our communities." A native of Brooklyn, New York, Sara Va- eral Departments of Labor, Treasury and Commerce, the Office of Management and Budget, and the steelworkers, garment workers, and autoworkers unions; individual legislators' papers, including those of Javits and Sens. Harrison Williams and Mike Mansfield and Congressman Wilbur Mills; and the South Bend, Ind., archives of the Studebaker Corp., the 1963 collapse of whose retirement plan was a seminal event in framing the debate over pension reform. Wooten also interviewed key legislative figures from the 1970s, including members of Congress, congressional staffers, and staffers from the Departments of Labor and Treasury. "Pension people really love pension plans," Wooten says. "They wanted to talk about the story and why they did what they did. With their help I was able to construct a broader, more comprehensive picture than any of them could have done individually." The history, he says, involved "both policy and politics." And the competing interests were not uniform, as evidenced by a deep split in the labor movement over the issue of pension security. The industrial unions such as the autoworkers and steelworkers, he says, strongly favored ERISA, because their pension plans were managed by employers. But in craft unions, for example, in the building and construction trades, sentiment was firmly against the legislation, because workers in these industries participated in multi-employer plans in which union officials played the predominant role in plan administration. The business community, says Wooten, opposed the new government regulation across the board. "ERISA is a law that passed because reformers who thought workers were at risk wanted to make those workers safer," Wooten says simply. ERISA is lencia has demonstrated exceptionally high levels of academic and professional achievement. Her passion for law developed during her undergraduate years while studying sociology, women's studies and history at the State University of New York at Albany, where she graduated Summa Cum Laude and was elected to Phi Beta Kappa. It was Ms. Valencia's vision of law as a vehicle for social change that inspired her to pursue a legal career and a series of positions that have enabled her to make valuable contributions in public service. "Being selected as this year's recipient of the Marie Nesbitt Promise Award is both a tremendous honor and an inspiration, said Ms. Valencia. "Marie Nesbitt's legacy inspires me to set higher professional and personal standards for myself." At the University at Buffalo, Ms. Valencia ranks in the top 15 percent of her law school class and is the recipient of the Arthur. A Schomburg Fellowship. She is the policy editor for the Buffalo Women's Law Journal and also works as a law clerk for a Buffalo law firm. She will receive her Juris Doctor in 2006. Ms. Pryor is an alumna of the State University of New York at Buffalo as well as its law school and was one of the early members of the BLSA (Black Law Students Association) at the law school. She serves on the Dean's Advisory Council at the law school, and was honored with its 2002 Distinguished Alumna Award for exemplary performance in business. In 2001, Ms. Pryor received her own "day of proclamation" from the Common Council of the city of Buffalo and the Western New York Minority Bar Association. — Originally printed in UB Law Links, Oct. 2004. also interesting and unusual because Congress, rather than the executive branch, played the major role in publicizing pension issues and drafting reform legislation. Another notable point is that ERISA was developed during the 93rd Congress, which was in session in the dark days of the Watergate scandal. Wooten, who left the practice of law to work on his doctoral dissertation at Yale University, notes that "ERISA is a law that affects many areas of legal practice. The most obvious examples are fields like labor and employment law and tax," says Wooten. "But ERISA also has important effects in fields like health-care law, domestic relations, property, and estates and trusts. It is extremely broad in its sweep." After his book's long and difficult birth, Wooten says he is satisfied that he has done justice to the complex interplay of reform-minded politics and self-serving interests that surrounded the ERISA debate. "The political history of ERISA is not a simple story of good triumphing over evil," he says, "but it is not a story of evil triumphing over good, either, which is the one we usually get. From a political perspective as well as a policy perspective, ERISA was a very complicated legal reform.” — Originally written for UB Law Links, Oct. ‘04. The Opinion Students Wanted for Leadership Positions with the ABA Law Student Division Nat’l Chair, Vice Chair & Secretary Treasurer Application Postmarked by Feb. 1 2d Circuit Governor (New York) Application Postmarked by Feb. 1 Liaisons to ABA Specialty Sections Application Postmarked by March 15 National Student Directors: VITA, Client Counseling Competition, Negotiation Competition, and National Appellate Advocacy Competition Application Postmarked by March 15 Student Lawyer Student Editor Application Postmarked by Feb. 1 Attention 1Ls and 2Ls, applications and additional descriptions can be found at www.abanet.org/lsd/elections, or email Mike Mann at mdmann@buffalo.edu Congratulations to the Class of 2004 on their 80%+ Bar Passage !!! 3 �The Opinion December 2004 Opinions & Commentary Both political parties must move past November Election… By Pat McNelis, ‘07 T he election is over. It’s time to move on. While the political implications of the 2004 will be played out in the coming years, the time to attack and assault the candidates has passed. George W. Bush has been reelected. Regardless of who you voted for, that fact remains and cannot be contradicted. I’ve voted in two presidential campaigns, but it still would appear to me that 2004 was probably one of the most partisan and divisive campaigns in quite some time. The country was, for most intents and purposes, divided up into red and blue, and anyone unwilling to join either side was, as one recent Spectrum editorial claimed, an indecisive coward. Thus, everyone has been demonized by someone. The resolution of the election did very little to quell the heightened emotions of both “sides.” So much so, that both candidates urged their respective constituents to begin to bridge the partisan divide. It’s a daunting task considering the harsh, often personal, attacks at the opposition throughout the months leading up to, and following, Election Day. One British paper ran a headline asking how nearly sixty million Americans could be so “dumb.” Groups refused to accept Kerry’s concession, and of course came the threats to move to Canada. This refusal to address Bush’s reelection, and the reasons for it, is probably the biggest problem. It seems as though Bush supporters are comfortable claiming a supposed mandate and gain of political capital, while Kerry supporters seek to diminish Bush voters to point of blatant, irresponsible idiocy. Both sides accuse the other of elitism and self righteousness, as well as ignorance and foolishness. And then wonder why such a partisan schism exists. This is precisely what needs to change in order to bridge the partisan divide as opposed to simply move onward. If we are to move forward we need to do it together. The American Civil Liberties Union, in regards to their stance on the First Amendment, encourage as many voices as possible to speak up and be heard. This is an important step to take. Instead of closing off one’s ears to voices of dissent, it is rather important to hear them out in order to engage each other over the points of conflict. We need genuine debate as opposed to closed ears and party lines. Narrow, polarized viewpoints will only lead to further divisiveness. Open, genuine, and thoughtful discussion of the numerous issues facing us as we tries to move on can only foster good results. Demonizing the opposition and refusing to give a contrary opinion its due credence can only result in a frustrating stalemate. Adhering to partisanship and unquestioningly considering anyone who disagrees to be a villain will only heighten the divide. British journalist John Humphreys said recently that “we should expect—and demand—that when people are setting our policies or trying to persuade us of something they engage in proper debate and don’t simply give us a set of unchallenging propositions.” Following this idea, everyone can come to the political table with their distinct voice, after all there are more than just schools of political thought. The country isn’t divided up into Democrats and Republicans. Opening up to not only what the other sides think, but also why, and for what reasons, the governmental machine can act on our behalf, not just theirs.— Pat can be reached at crashingwave@yahoo.com The Conservative Corner’s Fiction By Justin Whittaker ‘06 I got a copy of volume 1, issue 1 of a new student periodical in my mailbox a couple of weeks ago. It is entitled Conservative Corner [hereinafter “CC”]. Evidently, the pervasively neo conservative thought and policy throughout the country since House Republicans promised to restore “integrity and decency” to American politics in 1994, inspired UB Law Conservatives to speak out against the liberal bias that keeps them down. My hopes for a well thought out and serious presentation of an alternative view point were quickly dashed upon the rocks of the Sea of Inanity. What I got instead, right from the giddy up was the same tired rhetoric espoused by Fox News, and next to no authority to back up the CC’s overly symbolic chest-beating and rampant hyperbole. I wish to address my disappointment Editor’s Note and Retraction In the Opinion’s November issue the editorial board made “unauthorized” changes to an article written by Ann X. Zhu, ’07 and sincerely apologize. The article, featured on p. 2, was about the visit of Michael McCann to the Law School in which he promoted his new book “DisTorting the Law.” Please contact the Opinion office if you would like a copy of the original authorsubmitted version of the article. The Opinion sincerely apologizes and has taken the preventative steps of no longer editing the articles placed in its paper...just kidding...sort of...We do apologize. in the following run down of the CC’s top three most patently misleading, erroneous, and uninformed talking points. In no particular order: 1. In the piece entitled “Welcome from the Editor,” it states that the “[Republican Party] stands for limited government, as opposed to the government involved in every aspect of your life.” CC, vol. 1, 1 at 1. In addition, it asserts that “we are one America, fighting to keep our nation safe from terrorism, ensuring freedom and liberty for each individual . . . .” Id. These assessments of the conservative mission statement would indicate that the Republican Party is a party which recognizes individual liberties for all members of society, and that the federal government doesn’t belong in the daily life of “person [s].” However, it is difficult to reconcile this piece of cognitive dissonance with actual facts. Consider the following positions explicitly memorialized in The 2004 Republican Party Platform [hereinafter “RNC Platform”]: “We oppose school-based clinics that provide referrals, counseling, and related services for contraception and abortion.” RNC Platform at 81. “We strongly support President Bush’s call for a Constitutional amendment that fully protects marriage . . . . We further believe that legal recognition and the accompanying benefits afforded couples should be preserved for that legal, unique, and special union of one man and one woman which has historically been called marriage.” RNC Platform at 83. “We support a human life amendment to the Constitution and we endorse legislation to make it clear that the Fourteenth Amendment’s protection apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions.” 4 RNC Platform at 85. From the Republican Party’s own official statement of its political and social positions it is quite evident that it does not, in fact, support the liberties of all persons. The Party in not especially concerned with the invasion of the federal government into the bed rooms and private relationships of consenting same sex adults who may wish to enjoy the same legal rights as a consenting man and woman. Why? Because they don’t like homosexuals. Furthermore, the Party feels quite comfortable with bureaucratic and constitutional regulation of the private medical decisions which logically should be between a woman and her doctor. Consider further the findings of The Independent Institute, a non partisan public policy monitoring organization and its assessment of the U.S.A. Patriot Act: “One particularly Orwellian provision [of the Patriot Act] involves the notorious ‘sneak and peek’ warrant. Not to be confused with the Fourth Amendment’s protection against unreasonable search and seizures, this new and improved warrant permits agents to search homes and confiscate property under a low evidentiary standard, without first notifying the owner . . . .www.independen t.org/newsroom/article.asp?id=1184. Again, it is difficult to reconcile their assertions, where the intent and effect of the Patriot Act clearly contradict his promise of “ensuring freedom and liberty for each individual,” while not “getting involved in every aspect of your life.” CC, vol. 1, 1 at 1. 2. The paper states that “The President’s No Child Left Behind Act Increases Education Standards.” Id. Again, it is unclear form what authority they derived this statement. Barbara E. Kerr, president The California Teacher’s Association, a body of over 335,000 members stated in October of this year that “President Bush has shortchanged his own No Child Left Behind law by a total of $24 billion over three years – leaving behind more than 752,000 California disadvantaged students, and denying resources to more than 1 million English language learners in the state. NCLB focuses on the wrong priorities for our schools. It wastes billions of federal dollars on paperwork, bureaucracy and more standardized testing, funding that could be used to give kids what they really need – smaller class sizes, current textbooks and materials, and quality teachers." http://www.cta.org/ News/2004/20041014_1.htm. Reg Weaver, President of the National Education Association had this to say about NCLB in July of this year that “as a recent government memo also made clear, the Administration proposes to cut all federal education funding by $1.5 billion next year and to freeze it at that level for the next three years. Thus, America’s public school children face a triple whammy. Half of all school districts will have to do more with less money for disadvantaged students in 2004. Important programs to advance the goals of the No Child Left Behind law are under funded or scheduled for elimination next year. Further, deeper cuts are proposed for fiscal 2006. This is clearly moving us in the wrong direction.” http://www.nea.org/ newsreleases/2004/nr040714.html. It seems that those who are actually involved in education a have a different opinion than they are regarding NCLB.. This is the real direction of the Republican Party: bigotry, extremism, fear, jingoism, subversion of human rights, and a continued dismantling of international law.—Justin can be reached at psych_rock@yahoo.com �The Opinion December 2004 World of Opportunity: New Exchange Programs Extend UB Law’s Global Presence Buffalo, NY—Spin a globe, stop it with your finger, and chances are you will be near a spot where UB Law School is extending its worldwide reach through student and faculty exchange programs. With a new general master of laws program aimed at international students and an increasing number of opportunities for students and professors to deepen their legal education abroad, UB Law is rapidly solidifying its presence on the world stage. "As globalization has proceeded, in some ways there is no such thing as purely domestic law anymore," says Professor David M. Engel, director of international programs. "Almost any field of law is affected by global contacts, diversity of cultural involvement and so on. "The advantages of these programs for American students are extraordinary. In the classroom, when you are teaching torts or property, or any of the traditional American law subjects, to have someone from another legal system say there are other ways to think about these subjects is tremendously valuable. It gives our students a broader perspective on how our legal system works, what choices we have made and what alternatives are available. "It is also a great opportunity for the international students, because their legal systems also are becoming globalized. American-trained lawyers from other countries become the kind of cultural bridge, the go-between; they are THE OPINION The Official Student Newspaper of UB Law School December 2004—Volume 43 Issue #3 Staff: Editors-in-Chief: John Rudy, ‘05; Mike Mann, ‘06 Staff Writers: Justin Whittaker, ‘06; Mari McClure, ‘06; Tracey Stephen, ‘06; Robert Middlemiss ‘06; Patrick McNelis, ‘07; Jason Joaquin Almonte, ‘07; Jenny Mills, ’06; Caroline Brancatella, ‘07. Erica Rocco, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the student newspaper of the University at Buffalo Law School. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and piece writer New submissions of articles, cartoons or advertisements are always welcome and may be submitted to the Opinion mailbox in the SBA office, or via email to the editor at mdmann@buffalo.edu. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit letters. Advertisements are also available, please contact the editor for prices. people who can speak two languages, so to speak." UB Law's longest-standing student exchange agreement is with the School School of Law provides for "scholarly exchange and collaboration" and will enable up to four students each academic year to study abroad. of Law of Esade Universitat Ramon Llull, in Barcelona, Spain. Established in 1998, it allows for as many as four U.S. students and four from Spain to spend a semester across the ocean. "Students who have gone there come back with glowing reports," Engel says. Professor Markus Dubber, through professional contacts in his specialty of criminal law, is working on two exchanges that will involve both students and faculty. A just-signed agreement with Scotland's University of Glasgow "I was invited to several conferences in Scotland, including two in Glasgow, where people were interested in exchange programs and collaborating with us," Dubber says. A similar agreement is now before the faculty of the University of Frankfort School of Law in Germany, and Dubber says they hope this fall to finalize details for the exchange of students and faculty. "There is a basic commitment to collaborate on projects and programs and conferences, but no similar Simply Enjoy school and your job will come… By Erica Rocco ‘07 I have this little friend, Jo. She’s three. She likes to eat dinner with her sunglasses on because it helps her see her food better. She also likes to creep up behind me when we’re watching TV and tie my hair up in crazy braided knots. I call her Jo Jo Beans. She thinks I’m hilarious. If you were to hear her laugh you would swear she was having a conversation with Jerry Seinfeld. Little kids do great things for your ego. The other day she asked me if I’m in the same grade as her six year old sister, Mia. I told her yes because her chronology is still isn’t up to par (she gets confused after she gets to the number ten) and because law school isn’t really all that different from first grade. Your backpack is bigger than you are, you get a cubby hole that’s always full of lots of colorful junk, and no one cares if you decide to take a nap in the middle of the day. So what kind of wisdom does a three year old (the same three year old who asks you if it’s ok if she sleeps in the bathtub) have to impart upon an old and wise law student such as yourself? Listen up, I’ll tell you . . . Ever since I was about thirteen I’ve had this recurring dream that I’m the manager at Burger King. Maybe I’m reading too much into it and all it means is that I look good in a visor, but it always wakes me up in a sweaty panic and causes me to start hyperventilating. Once, (okay, maybe twice) I actually drove myself to the emergency room because I was convinced I was having a heart attack. Call me a raging hypochondriac, but I prefer overachiever. So then I go to law school . . . (just the thing an overachieving hypochondriac needs). I applied to law school because I had always thought the law was interesting. That doesn’t make much for an essay on an admissions application, but it was the truth and it still is. For a long time I 4 tried to figure out some philosophical way to articulate that. I stopped when I realized that the reason I was having such a hard time was because that’s all there is to it – sometimes you just like something and you do it because it’s interesting. What I am able to say with certainty is that I didn’t come because I always dreamed of being a hot shot lawyer who makes a million bucks and drives around in a hooped-up BMW. And I definitely wasn’t one of those people who popped out of the womb with a gavel in one hand and a copy of the Constitution in the other. My first words weren’t “you can’t handle the truth!” (said in a dramatic Jack Nicholson baby voice). They were probably something more like “Mom, I have a poopy diaper.” My point is this: people in law school take themselves pretty serious, and rightly so. Law school, just as Jo tells me about Pre-K, is pretty serious business. In the last edition of The Opinion there was an article by a 1L on the last page entitled “Career Spotlight: Dark Valley . . . Not so Dark After All.” Aside from the fact that the title of it sounds like the latest installment in The Lord of the Rings series, the article left me bothered and confused. I’ve only been here one semester, but the one thing I’ve noticed is that law students seem to suffer from a severe case of “The What” syndrome. What kind of lawyer do I want to be? What kind of firm do I want to work for? What do I consider my “practice area”? . . . and on and on. Sure, it’s great to think about the future since, after all, we are in law school because we hope to be lawyers in the near future. However, worrying about these things now is futile. My problem with the “Dark Valley” article is that it makes it sound like suddenly one day, while moping around in your dark valley, the heavens will part, rays of light will shine down on you, and you will race forward in super slow motion, arms outstretched, to embrace your destiny. It would be cool if that actually happened (especially the super slow motion part), but it doesn’t. It would seem to me that we would be more suited to make those choices about what kind of law we want to practice or what firm we want to work for provision about numbers of people," he says. Such exchanges, Dubber says, "make the Law School a more integrated, global place, and make it more attractive for potential students and faculty." Newly emerging agreements with law schools in Thailand and Korea, Engel says, grew out of a recognition that those universities were developing innovative master of laws programs. "We decided that by forming partnerships with them, it might provide another channel where both faculty members and students could learn and work together with people in other countries," he says. A program with Chiangmai University in northern Thailand has been launched, and some UB Law faculty have visited there. "In coming years, we hope there will be opportunities for more faculty and students to come here," Engel says. Now reaching final form is an agreement with Chungnam National University in Daejeon, Korea. It grew out of the experience of UB Law graduate Dariush Keyhani '01, who after graduation went to teach intellectual property law there. "Our partnership with them envisions that they would send students to UB from their LL.M. program to our LL.M. program, and it is also possible that we could send UB Law students to their law school," Engel says. — Originally written for UB Links, Oct. 2004 if we knew who we were first (outside the realm of the legal world). Maybe it sounds impossible to do this when you’re surrounded fifteen hours out of every day by law books, law professors, law students and the Career Service Office telling you you need to get a job. Maybe finding out who you are also sounds ridiculous and too touchy-feely. And maybe it is, but I don’t know how else you can figure out what you want to do with your life if you don’t even know who you are. This doesn’t mean that you have to give up all worldly possessions, move to Tibet, and become a Buddhist monk. It doesn’t mean that you should attempt to find some sort of trendy inner peace by rearranging the furniture in your bedroom or consuming massive quantities of green tea or doing yoga. All I’m saying is that you should be honest with yourself and do what makes you happy. Pursue your interests. If you had to list the three most interesting people in your life, chances are they wouldn’t be three lawyers. That’s not to say that lawyers aren’t interesting people, but the world would be a pretty dull place if everyone got excited about 12(b)(6) motions. In my experience, interesting people usually have a wide range of divergent interests, and the most interesting thing about them is that they’re genuinely happy. My suspicion is that law students lose sight of this. We get so caught up in obtaining the final goal that we lose ourselves somewhere in the middle of it all. The funny thing about little kids is that they already know all of this. They’re eager to find out the way the world works and where and how they fit into it. They only do the things they enjoy, and they stay away from the things they don’t. Sleeping in a bathtub or eating dinner with your sunglasses on may be extreme, but I think you get my gist. Everyone (including my neurotic overachieving hypochondriac self!) is worried about getting good grades and finding a job one day. But relax. Law school isn’t the end all, be all of who you are. Life will not come to a screeching halt if you admit out loud that the first time you read The Bluebook you weren’t moved to tears. �The Opinion December 2004 Class Action set to perform at BPILP “Jazz Night” By Robert Middlemiss ‘06 W ell, things are winding down here at the law school, as we pack in the last week of classes and all get ready to grind out another batch of finals. And since I know everyone will appreciate it if that’s the last time I use the “f” word, I’m going to change the topic and look ahead to the beginning of next semester. Over the past week, everyone has seen all of the people (and food and books) sitting at tables in the lobby, hawking various things one last time before we all take off for a well-earned break. As some of you may have noticed, one of those groups was the Buffalo Public Interest Law Program (BPILP). As everyone knows, BPILP is the organization responsible for providing grants to enable a number of students to work in areas of public interest every summer, helping people do everything from working for Legal Aid, helping people here in town, to working with a variety Graduate Leverage helps students navigate loans Continued from p. 1 A student seeking GL’s free consolidation counseling can fill out an information sheet on their website. This is the first step in what GL calls a “Personalized Reservation System” in which the company will optimize the student’s loan consolidation strategy. This system allows their specialists to pinpoint the most opportune time for consolidation and provide options on when to act on their recommendations. GL then sits between the pre-screened list of lenders and the student to mediate attractive payment terms and interest rate incentives. GL’s website is extremely informative and helpful even to the most skeptical student. In addition of NGOs in Africa and Malaysia. As people may also know, they’ve been at their table offering tickets for the “Jazz Night” that’s scheduled for Friday February 11th, from 8 to 11 pm at the Pearl Street Brewery and Grill. Tickets are $10 in advance and $12 at the door. Why should you buy one? 1) It serves a good cause. As noted above, the money will go towards helping law students take unpaid public interest positions over the summer. 2) It’s a good deal! $10 will get you your first drink, food for the evening, and some good music. 3) It will give you a chance to thank some of your professors for all the “A”s they gave you, whether this semester, in the past, or in the future! The band, “Class Action,” is mostly professors; just about everyone will have had at least one of them for something by the time they’re done here at the law school, whether it’s Errol to the “Personalized Reservation System”, the “Education and Action Center” link offers debt management and consolidation tutorials which include “Student Loan Consolidation 101”, “Class of 2005 Webcast”, and “8 Misleading Tactics Marketed by Student Loan Consolidators”. GL’s website is http:// www.graduateleverage.com. Students who seek more information about the Student Bar Association’s sponsored presentation can contact Andrew Solomon at asolomon@mba2004.hbs.edu or 1.888.350.8488. Contact information can also be found on the website. Because of the huge success, the Student Bar Association is looking to bring back representatives from Graduate Leverage during the spring semester. Until then visit their website to learn more about their program. This is a great opportunity to learn the ropes and think smart about student loans. Meidinger (Have him for Property? Planning on taking Environmental Law?), Jim Gardner (Will he be teaching your Con Law class in the Spring? Are you going to take Election Law?), Peter Pitegoff (Legal Profession and Ethics? What about the Living Wage field placement?), or one of the others. So, I hope to see you all at the Jazz Night. Remember … It’s where the “Action” is at! BPILP Auction Buffalo Public Interest Law Program 10th Annual Auction Friday, February 25, 2005 7-11pm Rich Renaissance Niagara Atrium Silent & Live Auction—Top Shelf Open Bar—Gourmet Hors D’oeuvres Student Admission: $25 General Admission: $35 School Snow Closings? Dial 716-645-NEWS Is your career worth $20? Join the American Bar Association Law Student Division Save the date… Barristers Ball Well, there are several reasons: April 16, 2005 ABA Law Student Membership may be the best career investment you’ll ever make. Hosted by the Student Bar Association Call 1-800-285-ABA1 to learn why. www.abanet.org 6 �The Opinion December 2004 In a perfect world the library would never close By Jenny Mills ‘06 I magine it if you will. A perfect world in which law students were able to wander the stacks of the law library day and night, twenty four hours a day, seven days a week. Come now, I know some of you have imagined it. I know who you are. I see you here seven days a week, early in the mornings, late at nights, always camped out in carrels or at computers. It’s ok though. Don’t be embarrassed. I’m one of you. Oh what a world it would be my friends! The possibilities are endless. The carrels could be converted into capsule hotels. We could file ourselves into our little capsule beds, 3 or 4 per carrel, to get a few hours of sleep between study sessions. We could put sleeping bags in between the stacks and underneath tables. We could build pillow forts in the reading room! Little coffee stands could sprout up on the main staircase and in the conference rooms. Vending machines could line the far wall on the third floor. Hell, we could even lobby for the school to install newer, cleaner, bigger bathrooms, replete with shower facilities. The entire 6th floor could become a gymnasium/ locker room/ sauna. Does anyone ever go up there anyways? We could convert the Koren AV Center into a state of the art entertainment center and hold bar nights in the faculty lounge. And hey, if there were any drunken accidents, we could create a clinic in which students get to research the legal issues arising from the particular circumstances involved. Law School Horoscopes Imagine that you can hear a mosquito buzzing around in the dark every time you turn out the light to go to sleep. As soon as you turn the light back on to eliminate the pesky bug, it disappears. When the light goes off again, the annoying pest returns. There's a bit of mosquito energy in your life this month. As much as you'd like to get rid of the annoyance, your best strategy is to just accept it as part of a semester studying law. Taurus Symbol: The Bull Dates: April 20 - May 20 dream to fruition. Let them never shut the doors on us again! Michael Mann, SBA president for life, get to work! Library Hours for Finals Mon-Fri, Dec. 6-Dec. 10 7:30 a.m. - 12:00 a.m. Sat., Dec. 11 9:00 a.m. - 9:00 p.m. Sun., Dec. 12 10:00 a.m. - 12:00 a.m. Mon.-Fri., Dec. 13-17 7:30 a.m. - 12:00 a.m. Sat., Dec. 18 9:00 a.m. - 9:00 p.m. Sun., Dec. 19 10:00 a.m. - 12:00 a.m. Mon.-Wed., Dec. 20-Dec. 22 7:30 a.m. - 12:00 a.m. Thur., Dec. 23 7:30 a.m.-5:00 p.m. By Tracey Stephen ‘06 (Law Student Extraordinaire & Psychic) Libra Symbol: The Scales Dates: Sept 23 - Oct 22nd Aries Symbol: The Ram Dates: March 20 - April 19 How would we fund this? Well, those of us who would take advantage of such a swanky library living lifestyle would certainly be saving an absurd amount of money on gas and rent and all that grownup real world nonsense, so why not raise student fees? Or we could place a hefty fee on all those damn undergrad print jobs that constantly clog up our printers. If you want to print up ten copies of your bloody PowerPoint presentation for Organic Chem, you had best be ready to pay for it. I say we lobby the Dean and the Law School and lobby them hard to bring this noble awareness and finding a balance between the two perspectives. Capricorn Cancer Symbol: The Crab Dates: June 21 - July 22 Mysterious forces can draw you close to someone else’s hidden problems, but if you are paying attention you’ll be able to prevent yourself from getting in over your head. It may seem that with your knowledge of torts and criminal law, you have a quick and easy solution to offer, but the illusion of this clarity is a trick of the light. Settle back into your studies, and try to feel at home at the library. It feels as if time has been slowing down this semester for you. If important situations in your life have become sluggish, it may seem that time has completely stopped. The doldrums -- usually associated with finals -- have come to visit you early this semester. Don't worry about this lack of movement. Using the time to fine tune your own thoughts will pay off in the near future. Scorpio Symbol: The Scorpion, The Eagle, The Grey Lizard Dates: Oct 23 - Nov 21 Leo Symbol: The Lion Dates: July 23 - Aug 22 It is not going to be easy for you Bulls this month to try to find the balance point between your own plans and how you need to react to what is happening in the immediate environment. It is not that you don’t trust your own judgment; it’s just that it is now at odds with what others may be asking you to do. Push beyond this conflict and find the common ground where you can take appropriate action. The noise level in your life kicks up another notch this semester. You are entering a buzzing hive of activity and although all the comings and goings of your fellow worker bees could be distracting, remember that you have your own work to do. Start off slowly, but as the pressures build and reach a threshold, you'll be buzzing along with the rest of the hive. Gemini Virgo Symbol: The Twins Dates: May 20 - June 20 Symbol: The Virgin Dates: Aug 23 - Sept 22 You've become so busy that your energy may seem a little off kilter this month. Try as you might, you can't quite put your finger on the source of the problem. Actually, the more you look, the more you realize that there may not even be a problem at all. Still, you know that something is wrong with the picture. Don't push too hard and don't try to fix what isn't broken. Your flexibility is now your key to both law school and legal success. You are highly susceptible to the information planet, Mercury, which is vitalized this month by the light of the moon. Normally, you can get overly focused on narrow agendas. Now, however, you have a chance to expand your vision. This heightened awareness will allow you to see yourself in new ways, especially with respect to your job, studies and legal career. Your heightened emotional sensitivity can bring up lots of analytical thoughts. You may feel as if you are sitting on a pile of firecrackers with fuses leading in so many directions that you cannot possibly control all the potential flashpoints. Rather than trying to prevent the pile from exploding, why don't you just get up and move somewhere less volatile. Your feelings about the past have transformed, and now it's time to move toward your future. Sagittarius Symbol: The Archer Dates: Nov 22 - Dec 21 7 Although things are going relatively well, you still may feel on edge. You want to move ahead but cannot determine the best way to proceed. Usually, you like to pay attention to the bigger picture, but now with Venus moving into Virgo, you want to focus more on the details. Narrowing your view, however, can make you nervous for you think you might miss something. Feel the insolvable nature of your current dilemma. There's really no solution other than increasing your self- Symbol: The Goat Dates: Dec 22 - Jan 19 You may feel somewhat cut off from others this month, but it may be that you are actually detached from yourself as you feel the crux of the semester on your shoulders. You may be worrying a little too much about things that have little basis in reality—but this may be a good thing if they enrich your life. Take cues from others, but don’t let them hold you back from your own feelings. Aquarius Symbol: The Water Bearer Dates: Jan 20 - Feb 18 Okay; it's time to get back to the work of case briefing, writing thoughtful legal analysis and networking, even if you'd just as soon take the month off. You have a powerful agenda that you would like to see through, but it's probably not going to happen. The intellectual traffic jams up and your ideas may not make it at all. Soften your stance. Find fun ways to take the pressure off your presentation. And, instead of working on accomplishment, work on transformation. Pisces Symbol: The Fishes Dates: Feb. 19- March 19 Sometimes you Fish can get lost in your own inner world. Your imagination runs wild (especially during long lectures on tax and civil procedure) and it becomes difficult for you to know what is tangible. Try not to make any decisions that require rational analysis. Instead, focus on the role that your imagination can play as you create your own future. �The Opinion December 2004 Guys and the Law: What Law School Admissions Won’t Admit By Lauren Cutuly ‘06 G uys can teach you a lot about the law, rendering an expensive legal education entirely unnecessary. So, if you are considering incurring school debt, perhaps just sit in on a few guys watching a football game, drinking beer, or "studying" at the library and this could save you a lot of money. The birth of my little brother marked the beginning of my "legal" education. Shortly thereafter, I learned the framework of criminal law, specifically such offenses as slander and defamation, petty larceny (Last known origins of Barbie Crusier brother's room 11/25/85) abuse, reckless endangerment i.e.: locking each other in closets, and of course attempted murder (occurring on a daily basis). The rules of territorial jurisdiction could also be learned at an early age. Jurisdiction, or the ability of the court to hear a particular case, was important in our home. Generally, our mom, the "district judge" heard all the complaints. As long as the complaints stayed with mom, we were fairly certain that the penalty wouldn’t be so bad. But, if the offense was beyond mom's control, the case was reviewed by the Supreme Court -- a.k.a. dad. We learned the limits and tried to make all offenses fall into the district court variety. As I learned to navigate this life of crime, I began to learn the finer intricacies of law from the boys in grade school. Meet Chris. He taught me the most about property. Chris generally stole everything from my desk, including the newest Crayola Crayons - colors like sand, and periwinkle that were clearly not meant for grade school use. Thus, Chris inspired my creation of clever deterrent "desk traps" including, but not limited to, lining the desk with Elmer's glue and using rubber bands to make break-ins more time consuming -such tactics that were eventually employed for unwelcomed CCD kids who came to our school on the weekends for their classes. Since Chris, other guys have taken up the reigns of my legal education. Although, none could be so memorable as Chad Killian. Not only did he reinforce the aforementioned criminal laws he taught me the finer points of torts. Chad was a rather large kid and when I mean large, I mean he was the size of three of us grade schoolers in one. Chad, the to-be-football star, taught us that he was never fully responsible for his actions and likewise, tort law most always leans away from strict liability. There were always contributing factors which necessitated Chad beating up little Tom Casey, and conditions which made Chad look so justified in doing so. Even I was scolded for skinning my knee after running from and being shoved by Chad. Chad got away “scott” free while I received two Mickey Mouse Band-aides. This grave injustice was probably the impetus for my desire to cure AIDS, improve nation-wide healthcare, broker a peace between the United States and Iraq, and create legislation against people who take more than 7 items into the express lanes. Yet, as I realized my football days were short lived - my college days were marked by more subtle lessons in Contracts. For example, if a guy makes a promise to help you study, make sure that you're willing to go to lunch, dinner, or church with him. Dad always said, "there is no free lunch" and certainly the cliché holds some truth. Once I accepted an invitation to "study" with a friend about our philosophy class and this turned into 3 hours at Starbucks in which I consumed 10 dollars worth of lattes’, and didn't open a book. In short, oral contracts can and will be enforced. And while not all legal lessons can be ascertained from the individual common man, your everyday man encounters will cover at least the basics in Criminal law, property, torts and contracts. And surely your relationship "talks" will be fine preparation for the yearly oral argument competitions. So to all the boys who ever annoyed me - thank you. And to all the boys who annoy me now – watch out! - Lauren Cutuly is a 2L and can be reached at lcutuly@hotmail.com The Docket Who: Student Bar Association Meeting When: Wednesday, December 1, 7:30 PM; O’Brian Hall, Room 10 Scoop: Ah, more student groups begging for more money, sounds like fun! Who: Bowling for Finals—Sponsored by the SBA When: Wednesday, Dec. 8, 8-11pm at Game Zone, 3860 Sheridan Drive Scoop: Free drinking, bowling, dancing, and fun, last licks before final exams! Who: “Murder in Tibet” with Professor French—Baldy Center Faculty Seminar Series Info: Friday, December 3, 12:30-2:30pm, Faculty Lounge, 545 O’Brian Hall Scoop: Lunch is available at noon Who: “The Hidden Victims of Tort Reform: Women, Children and the Elderly” with Professor Finley When: Wednesday, December 8 at 12:30-2:30pm, 545 O’Brian Hall Scoop: Heard there is lunch available. Who: Last Day of Classes! When: Wednesday, December 8 Scoop: We can be excited for this day, but it only means that finals are a little bit closer. Who: Last Day of Finals! When: Thursday, December 23 Scoop: Hopefully you will all be back next semester to celebrate. Who: “Jazz Night”—Sponsored by the Buffalo Public Interest Law Program (BPILP) When: Friday, February 11, from 8-11pm at the Pearl Street Brewery and Grill (Pearl Street—Downtown Buffalo) Scoop: Tickets are $10 in advance and $12 at the door, should be great to see professors who make fools of us during the week make fools of themselves on the weekends. Who: Buffalo Public Interest Law Program 10th Annual Auction When: Friday, February 25, 2005, from 7-11pm at the Rich Renaissance Niagara Atrium Scoop: Tickets are $25, well worth it after last year’s auction. What do you get with top shelf alcohol + the ability to bid on cool items? 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2004-12 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/2004 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 3 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f8d61d79767822cdc6936063d7ce42d4.pdf b8e927092def18e92cecf62cdfeab8df PDF Text Text Vol. 43, Issue 4 Welcome Back!!! HE PINION The Official Student Newspaper of the University at Buffalo Law School THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 February 2005 Welcome Back to School Issue Letro Courtroom: Where the Action is Final Johnnie Cochran cancels trial appearance at Law School court due to illness By Jeremiah Kane, ‘07 AMHERST, NY—During a six day trial, the Law School’s Francis M. Letro Courtroom on the first floor of O'Brian Hall was filled with the dramatic tension and legal wrangling that mark high-profile civil cases. However, Law School student and faculty have been noticeably absent from this unique asset, a fully functioning courtroom. State Supreme Court Justice Ralph A. Boniello III presided over the civil action of Owens v. Leavy in front of a sparsely-populated courtroom. Despite ample seating, fifteen students observed the trial, with only three of those in regular attendance. Situated under the Law Library, the Niagara County jury heard complaints of false arrest, negligence, and battery amid the majestic oak of the Letro Courtroom. A slight-figured Josephine Owens of Philadelphia tearfully recounted her story of being accosted by hulking N.Y. Park Police Sgt. James Leavy during her 1997 arrest for allowing her children too close to the Niagara Rapids. Mrs. Owens contended not only was she acting lawfully, but that she had been injured when during the arrest and detention. Our University alone can boast a regularly used trial courtroom. Which provides a more stimulat- Student Bar Association Law School Survey Please remember to turn in your survey to 101 O’Brian Hall www.ubsba.com SBA: at work for you!! Table of Authorities Commentary Letters to the Editor Valentines Day Buffalo Entertainment The Docket Horoscopes p. 3 p. 3 p. 5 p. 8 p. 8 p. 7 ing introduction to trial advocacy: listening to a professor drone on about rules of evidence, or watching Buffalo’s most artful legal practitioners advocating for their clients? Mrs. Owens discussed her plight after the criminal trial with childhood friend, Blair Underwood of L.A. Law fame. Underwood then connected her with his friend Johnnie “If the glove doesn’t fit you must acquit” Cochran. Elmwood Avenue attorney Robert H. Perk ’82 whose niece is a member of the Class of ’08 took over the case at the request of Cochran who tried the notable Cynthia Wiggins trial with Perk. Assistant Attorney General Gregory P. Miller ’82 who usually practices in the Court of Claims defended Leavy. Zealously representing their clients, both attorneys regularly raised objections, requested sidebars and grilled the opposing witnesses. From opening to closing arguments, Mr. Perk reiterated his assertion that Leavy accosted Owens as she innocently took her children on vacation to see Niagara Falls, while Mr. Miller portrayed Leavy as an officer doing his duty. For the aspiring attorneys in O’Brian Hall, the largely unattended lessons were far more exciting than any casebook. Smartboards stood ready as counsels jousted before the judge over admissibility and prejudicial content of digital video. Judge Boniello briskly sustained or overruled objections during testimony and conducted hearings as blown up photographs and testimony from the 1997 criminal trial were employed to impeach witnesses during the spirited cross-examinations. The attorneys involved in the seven million dollar claim made every effort to welcome the meager representation of law students who attended the trial. Miller employed frequent objections to block Perks’s attack. During one cross-examination Miller was frantically gestured to squelch a witness that Perk had managed to keep answering a question despite that Miller’s objection to the question had been sustained. The trial swung from emotional recollections of abuse, to drawn out examinations of photos, to loud heated demands that witnesses were “liars” and “should not be allowed through the doors of the courtroom again.” While the criminal trial had found Owens innocent, the civil trial jury found that Leavy had used no unreasonable force and that probable cause had been present for Owens’s arrest. The jury thus made no award for Owens. There are thirty-one actions in the courtroom scheduled in the coming months. Some of these actions include trials brought by the Student Wide Judiciary against students charged with campus infractions. Group Legal Services often defends these trials before undergraduate justices. During trials, Erie County Sheriff, bailiff Zeigler will smile and request that visitors turn off their cell phones and remove their jackets before entering the court. The court’s double doors are well situated to allow a visitor to enter and exit the courtroom unobtrusively. The gallery layout allows excellent visibility and close contact with the attorneys who are usually eager to explain the proceedings during recesses. Students, who attended Owens v. Leavy, will 1 Civil rights attorney Johnnie Cochran was scheduled to attend the Owens case at the Law School attest to the educational value of witnessing a real courtroom drama. The attorneys argued anything but academic points as they stood before their clients demonstrating the application of civil procedure, tort, and criminal law. Just as our counterparts at the medical school compete for the opportunity to learn about surgery through observation, learning medicine first hand, law students need to take a more active role in observing our mentors in action. If you missed this trial, make sure you take the opportunity to attend future sessions. Not only will you be able to check your understanding of the law, but you can help represent the Law School’s interest for our legal community.—Staff Report. BPILP Auction Buffalo Public Interest Law Program 10th Annual Auction Friday, February 25 7-11pm Rich Renaissance Niagara Atrium Silent & Live Auction Top Shelf Open Bar Gourmet Hors D’oeuvres Student Admission: $25 General Admission: $35 �The Opinion THE OPINION The Official Student Newspaper of UB Law School February 2004 Volume 43, Issue #4 Editors: John Rudy, ‘05; Mike Mann, ‘06 Jenny Mills, ‘06 Staff Writers: Justin Whittaker, ‘06; Mari McClure, ‘06; Tracey Stephen, ‘06; Jeremiah Kane, ’07; Patrick McNelis, ‘07; Jason Joaquin Almonte, ‘07; Caroline Brancatella, ‘07. Erica Rocco, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. New submissions of articles, cartoons or advertisements are always welcome and may be submitted to The Opinion mailbox in the SBA office, or via email to the editor at ub.opinion@gmail.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit writings. The Anonymous Lawyer: A Blogger’s Take on the Legal Profession By Caroline Brancatella, ‘07 I f the internet is the first truly democratic form of communication than bloggers are the vox populi -or at least they think themselves to be. For the uninitiated, “blogs,” short for web logs, are essentially journals -interior monologues typed out almost daily and sent into cyberspace for the masses to read. The format enjoyed its coming out party as a credible source of information when bloggers were granted press credentials to both the Democratic and Republican conventions. It seems natural that lawyers, who have a reputation for enjoying the sound of their own voices, would easily make the jump to enjoying reading their own words on the web. Hence the birth of “Anonymous Lawyer” (anonymouslawyer.blogspot.com) in March of 2004. The blog features the rants of an attorney -- a partner at a large and prestigious firm -- about his work, his lack of family life, and his contempt for the minions of paralegals, associates and law students who help make his life a living hell. “Anonymous” satirically confirms the malevolent reputation of attorneys that helped put tort reform on the national agenda “Every day lately someone is talk- ing about public interest as if public interest lawyers are something other than the people from terrible law schools who can't get jobs at a place like this one,” he posts. “Anonymous” never sees his children, mocks his co-workers and loathes his own loathsomeness. He also realizes that he has achieved every one of his dreams to perfection. For the most part “Anonymous” sticks to satire. He hyperbolizes the ridiculousness of firm politics, chastises female attorneys who dare to have children and declares blackberries the messiah of large law firms worldwide. Although at his best when bitingly sardonic, he occasionally delves into the metaphorical. “We work hard,” he says, “but we really are Anonymous Lawyers. We affect people, but in ways no different than someone else in our positions would if they sat in these seats.” It does not take a sharp eye to see that his diatribe is derivative. References to missing staplers and work “flair” prove that he owes much to the popular cult film “Office Space” studied and enjoyed by those avoiding 9-5 employment everywhere. Evidently countless billable hours have been wasted by young associates and law students who have discovered the cyber-soliloquy. Comments to the Healthcare Brought to Forefront as Group Looks to Form 1L Takes on Leadership Role, Plans to Coordinate a Health Law Student Group By Caroline Brancatella, ‘07 I t is not exactly headline news that health care, or more importantly how to manage and pay for it, is a matter of national concern. From a disarming infant mortality rate to the high cost of prescription drugs for financially strapped seniors health care policies and services are important to nearly all citizens. With the uncertain future of social security and government programs such as Medicare and Medicaid, understanding the intricacies and issues surrounding health bodes well for the possibility of future gainful employment. Not only is University at Buffalo Law School half the price of almost every other law school in New York, it is also the only school in the state to offer dual degrees in law and a Masters of Public Health. UB is only one of seven law schools in the country to offer such a pro- gram. In existence only since 2001, the program sets UB Law apart in a field of growing importance where expertise in the legal issues surrounding health care will be much in demand during the coming decades. For those uninterested in spending an extra year in the classroom, UB Law also offers a Health Law concentration Continued on page 6 blog both share “Anonymous’” pain and pester him with questions about his true identity and what firm he might work at. The blog has become so big time that The New York Times and The San Francisco Chronicle have recently featured pieces on it. Alas, “Anonymous” couldn’t stand all that popularity and no credit for too long. He has revealed himself as Jeremy Blachman, a third-year law student at Harvard who bases his material on a summer gig at a large New York firm and war stories that discontented legal professionals e-mail him. According to the Times, Blachman never really wanted to practice law, he wanted to write. But, like so many twenty-somethings harboring literary delusions of grandeur he decided that law school was a better option than sitting in his parents basement and waiting for The New Yorker to call. But a simple web address has allowed him to compose more than class assignments and now he is looking not for an associate position, but a book deal. “Anonymous Lawyer” although written by someone who has never even taken the bar has clearly struck a cord with the legal community. “That it happens to be on a blog, to me, seems fairly inconsequential,” says Professor Alex Halavais, University at Buffalo Graduate Director of Informatics. “Someone decides to create a certain fiction about the work world, and that resonates with a lot of people, both within and outside of the profession. Attorneys, like doctors and others, are in the strange position of being valued by society, but often unable to communicate what they do: it is either privileged, or they do not have the time to do so -unless they quit and become novelists. It seems like a perfect target for fictionalizing, if you know a bit about the profession,” He continues, “The anonymity of the blog allows these people to write without regard to how it might affect those around them. It also allows them to fictionalize, either partially or entirely, without penalty. In some ways the fiction can cut closer to the bone than real life does.” —The “blog” can be found at: anonymouslawyer.blogspot.com The Opinion Courses to Examine Technology’s Influence on Culture: Cyberspace fertile ground for knowledge, lust, commerce & crime, UB faculty members say BUFFALO, NY—The Internet, mobile technologies and new-media technologies may be the most influential drivers of cultural change in American society today, according to Buffalo faculty members offering courses this semester exploring the social and cultural consequences of information and communication technologies. The courses -- “The Age of Information,” “Cyberporn and Society,” “Technology Law and Cyberspace” and “Elements of Machine Culture” -- will examine how new technologies are shaping culture and changing human behavior. A wide range of technologydriven topics and issues will be covered, some of which -- such as obscenity and free speech, privacy and intellectual property -- often are debated during periods of significant cultural or technological change; while other issues -- cybercrime, virtual reality, spam and artificial intelligence -- are new to the cultural landscape. The UB School of Informatics, in particular, is committed to the study of how information, technology and people interact within a variety of cultures, according to Penniman. The school is one of only two in the U.S. to have “informatics” -- roughly defined as the intersection of people, information and technology -- as its focus and in its name. “The Age of Information” and “Cyberporn and Society,” are three-credit, undergraduate elective courses being offered by faculty in the School of Informatics, which also is offering the graduate-level course “Online Gaming Research.” “Cyberporn and Society” will examine the role of pornography in the development of the Internet and related technologies, and how the prevalence of cyberporn has affected social structure, mores and expectations, according to Informatics instructor Alexander Halavais. “This course is not about how to appreciate, criticize or produce pornography,” explains Halavais. “We’ll look at the interaction between pornography and technology; the effects of pornography on society; and the effect of the cyberporn industry on the emergence of new media,” he says. While a course on cyberporn may on the surface seem sensationalistic, the topic, according to Penniman, has serious academic value and continues a long academic tradition of examining emerging societal trends, including trends involving controversial subjects like sex, prostitution and pornography in banned literature 2 and in other media, such as videotapes, televised movies on demand and online “escort” services. “Any serious scholar concerned with the evolution and diffusion of technology must consider the significant role adult material and even prostitution have played in the adoption of new technologies,” he says. “The role of pornography, and especially cyberporn in the age of the Internet, must be a significant concern for students who will be our leaders in shaping future research, legislation and policies.” The emergence of cybercrime and the creation of laws and policies to regulate cyberspace are of special interest to Law School professor Robert Reis, who will teach “Technology Law and Cyberspace” in the Law School this semester. According to Reis, the anonymity and vast reach of cyberspace, combined with the enabling power of new technologies, has given people new opportunity to behave outside the moral, or legal, constraints of society. “Cyberspace is fertile ground for the amoral, immoral and unscrupulous to ply their trades,” Reis says. Moreover, “there's a whole subculture of people who feel entitled to break the law -- by copying a music CD, defaming a person or business online or hacking into a computer -- because the technology has empowered them to do so, without fear of being detected,” he adds. Behavior in cyberspace is a major concern to lawyers, Reis says, because much of the legal system depends on voluntary compliance, with the sense that if you harm someone you will be detected, identified and prosecuted. Reis says the legal system eventually will catch up to technology. He expects new laws will be created to further regulate cyberspace and monitor the activities of people who venture there. Within the UB Department of Media Studies, “Elements of Machine Culture” will take a more conceptual approach to technology’s influence on culture. According to instructor Marc Böhlen, assistant professor of media study, the course will focus on “cultural aspects of technologies and the desire for and belief in the 21st century machine,” from coffee grinders to automobiles to mobile phones and autonomous robots. “The course will follow the conception and history of the machine from the monastery bell to the latest humanoid robot,” Böhlen explains. His students will be asked to critically contemplate, via case studies, select technologies, and to examine the consequences -- conceptual, economic and social -- of automation in general.– UB Newswire. �February 2005 The Opinion Opinions & Commentary We All Got History: A Look at “Negro History Week” By Ricky Johnson, ‘06 E very February Black History Month comes along and some people take the time to learn more about the history of the people of African descent. However, there is a growing number of people who see no need for Black History. Many Blacks themselves even say that they don’t want to celebrate Black History Month because its in February and that’s the shortest month of the year. However, before people jump on this bandwagon they should realize that this thinking is inaccurate. Black History originated in 1926 as “Negro History Week” because it was supposed to fall between Abraham Lincoln and Frederick Douglass birthdays. However, February is known for more than these two men’s birthdays. It happens to be W.E.B. Dubois’ is birthday. W.E.B. Dubois was the first black to obtain a Ph.D from Harvard and one of the founders of the NAACP. It is also the month which the 15th amendment was passed which granted black the right to vote. It was created by Dr. Carter Godwin Woodson who is considered the father of African Studies. Black History month can be used as a catalyst for uplifting all black people. It is only when we study the history of Black people we learn of their greatness. As Marcus Garvey once put, “Rise Up You Might Race, you can accomplish what you wish. When you look at the strength and accom- plishes black people have had in spite of a history of oppression from slavery, Jim Crow, and racism it is quite admirable. However, it is also important to look at the history of black people before the Atlantic Slave Trade. The history of the great peoples of Egypt (Upper, Lower Nubia), Cush (Ancient Ethiopia), Timbuktu, the Babylonians, and the Phoenicians is a history of many remarkable cultures. According to the book “Young, Gifted and Black,” few educators know that there were three Nile Valley Centers of Education in Africa before European or other penetration into the continent in Ancient Egypt, Nubia, and Ethiopia. There is also a great history of African Americans which has not always been realized. Many people rightly acknowledge the greatness of Martin Luther King, Rosa Parks, and Malcolm X, but rarely seem to delve deeper into the history of the many great people before them and after them. Even before the fiery street preacher and activist Malcolm X proclaimed that the Jesus was black, there was Henry McNeil Turner. Bishop Henry McNeil Turner said, “we have as much right biblically and otherwise to believe that God is a Negro, as you buckra or white people have to believe that God is a fine looking, symmetrical and ornamented white man.” Even before Rosa Parks refused to give up her seat, there was Ida B. Wells who was an advocate, activist and writer for African Americans as well as a suffragist for females. W.E.B. Dubois once wrote, “throughout history the Letters to the Editor Conservative Corner offers Different Perspective at Law School Dear Editor, I came across an article in your paper, “The Conservative Corner's Fiction” (Vol. 43 Issue 3), and I must say I was extremely disappointed with your “review” of the new newsletter on campus. In the interest of full disclosure, I am a writer for the “Conservative Corner.” I read the headline and I felt proud that our newsletter was stirring the pot. I was hopeful that we had inspired open debate about issues. Mr. Whittaker, however, isn't looking for a debate; he just wants everyone to know how unintelligent and wrong we are for disagreeing with him. Mr. Whittaker doesn’t like us because of our “tired rhetoric.” I can see how he has become disillusioned by our rhetoric when we describe our opponents as “misleading, erroneous, and uninformed,” and use words like "bigotry, extremism, fear, jingoism, subversion of human rights, and a continued dismantling of international law" to describe our opponents positions. Oops? wait a minute? that was Mr. Whittaker's rhetoric about us. He even runs back to the same old unfounded cheap shots about Fox News; likening the ideas in the Conservative Corner to those on the cable network. Even though Fox News has nothing to do with our paper and I don't see where it fits into the debate, he returns to the tried and true way to defeat a conservative in an argument; say they are like Fox News. I'm sure it was nothing more than a slip of the pen, since Mr. Whittaker is only interested “well thought out and serious presentation[s]” of political debate and not “tired rhetoric.” Keep trying Mr. Whittaker. Even if it is accepted as true (I know this assumption seriously stretches the bounds of reality) that all his facts and positions on the issues are the correct ones, all it proves is that we have a policy disagreement. Simply because you don't like our policy positions doesn't mean the Conservative Corner is a bunch of rhetoric. It means that there is a debate happening that wasn't here before that you should get in on. That's good, that's what we are here for. In my opinion your views are wrong, but I'm glad you put them out there. I can accept that we disagree and still be respectful of you and your paper. I only wish you can do the same. Aren't liberals supposed to be the tolerant ones anyway? —Chris Ferratella, ‘05 Law School softball team forming to compete in annual Virginia tournament powers of a single black men flash here and there like falling stars and die before the world has rightly gauged their brightness.” I realize that Black History month may not be considered politically correct by both liberals and conservatives. However, this may be one of the most useful ways of uplifting black people so that they realize that they do not have to depend on whites because they have been great throughout history. It is not to say that one culture is better than another but to show that blacks have had cultures equally as great as Greece, Rome, and Europe, China, Japan and Asia. I think the study of any cultures history is important. It is equally important for Blacks Americans to know of the British roots of our judicial system, the Greek origins of our democracy. I may be so bold as to say that a National History Month for all cultures is not such a bad idea. Yet, I believe Dr. Carter G. Woodson may be rolling over in his grave because today it seems that the greatest gain from Black history has been a myth. Negro History Week and now Black History Month should be used as a mechanism for uplifting blacks, and educating Americans of the greatest of black people. Students Wanted for Leadership Positions with the ABA Law Student Division Liaisons to ABA Specialty Sections Application Postmarked by March 15 Dear Editor, I would like to use this forum to let other law students know about the University of Virginia’s Annual Softball Tournament. Each year, UVA hosts almost 100 teams of law students and law faculty members from around the country for a weekendlong softball tournament in Charlottesville, Virginia. The Law School has participated in this event in the past, and this year, the SBA has decided to take part again. The tournament runs from Friday, April 1 through Sunday, April 3. SBA President, Mike Mann, has secured funding to cover the cost of the entry fees from a generous sponsorship deal with BarBri, and we will hold a bar night and other fundraisers this semester to raise money for the team. While each participant will have to pay a little money out of pocket, it will be well worth it. Participants will get the chance to visit Virginia, meet law students from around the country, attend a barbeque on Saturday and a tournament party on Saturday night. We will be holding an informational meeting on February 9 at 5:30pm in the SBA office, room 101. If you have interest, you must attend the meeting or contact me directly at cmurphy2@buffalo.edu, so that we can gauge how many people would like to attend. If there is enough interest, we will enter more than one team. There are no try-outs, this is a fun trip where everyone will have a chance to play, drink, have fun, network with other law students, represent the Law School, oh and kick some butt. For those who are not interested in traveling to Virginia, keep your eyes open for SBA spring intramurals in a variety of different sports, and remember just because it is winter doesn't mean you cannot work-out and stay healthy. —Colleen Murphy, ‘06, SBA Athletics Chair. Want an ad that works? This one just did!! To advertise in The Opinion contact: UB.Opinion@gmail.com 3 See Website for complete list National Student Directors: Application Postmarked by March 15 VITA Client Counseling Competition Negotiation Competition Nat’l Appellate Advocacy Competition Attention 1Ls and 2Ls, applications and additional descriptions can be found at www.abanet.org/lsd/elections, or email Mike Mann at mdmann@buffalo.edu The Opinion wishes you a Happy Valentines Day! February 14, 2005 �The Opinion February 2005 In the Supreme Court: Death Row and Foreign Nationals By Jenny Mills, Editor, ‘05 In December the Supreme Court granted certiorari to hear the case of Medellin v. Dretke. This case involves the rights of foreign nationals to consular assistance when detained in a foreign country. It will have significant ramifications for foreign nationals on death row. More importantly, it will establish just how far the Supreme Court is willing to be led by international law and the extent to which the US is willing to honor its treaties. • Article 36 and the ICJ In the Spring of 2004, the International Court of Justice ruled that the United States was in violation of Article 36 of the Vienna Convention. Article 36 requires authorities in a detaining State to notify, without delay, a detained foreign national of his right to request assistance from consul of his own state and if the foreign national requests it, to notify that consular post of his detention. It also allows the consul to arrange for legal representation of the detainee. The United States has signed and ratified both the Vienna Convention and the Optional Protocol which says that any disputes over the convention will be settled by the ICJ. Mexico took the United States to court over its failure to implement Article 36 in the case of 51 foreign nationals on death row. The case, Avena and Other Mexican Nationals was argued in 2003 and decided in March of 2004. The ICJ held that the US failed to inform foreign nationals of their Vienna Convention rights and that the US must provide “review and reconsideration” for convictions and sentences in violation of Article 36. Additionally, it held that the Vienna Convention gives individuals rights and that the procedural default rule under the Antiterrorism and Effective Death Penalty Act (the AEDPA) violates these rights. • Breard, LaGrand, and back again Since the Avena decision was reached, the Mexican parties to the suit have tried to appeal their convictions and sentences unsuccessfully. The courts have relied on old case law, particularly Breard v. Greene, and the procedural default rule under the AEDPA to deny the foreign nationals their rights. In Breard, the Supreme Court held that the petitioner (a Paraguayan) could not be granted habeus relief based on failure to conform to the rules laid out in Article 36. During consideration of the case, the government of Paraguay instituted proceedings against the US. The ICJ noted jurisdiction and requested a stay of execution until the matter was decided. The Supreme Court failed to intervene, noting that Breard could not raise his argument based on Article 36 violations for two reasons: (1) he did not litigate the matter in the state courts, therefore the procedural default rule barred him from raising it on the federal level, and (2) even if he were able to raise the claim, it would be so novel, that it would be barred under Teague v. Lane. The execution went ahead as planned and Paraguay later dropped its suit against the US in exchange for certain trade favors. Since Breard, courts have been loathe to give any credence to claims based on Article 36 violations. The procedural default rule has been cited as the major obstacle in the way for the petitioners. One has to wonder at the logic in barring these claims when the majority of the time, the petitioners are not informed of their rights until long after the state appeals have been lost. Failure to inform a foreign national of their rights and then denying them a hearing on the merits of what is essentially the government’s mistake seems untenable. The claims raised in Breard were raised in front of the ICJ again in 2001, this time on the behalf of Walter LaGrand, a German national, sentenced to death for his involvement in the robbery and murder of a bank employee. La- Grand and his brother, Karl, were convicted and sentenced to death in 1984. Not until 1998 were they formally notified of their Article 36 rights. Germany filed suit against the US in March of 1999 after the first of the LaGrand brothers was executed. Walter LaGrand was executed shortly thereafter, with the Supreme Court once again failing to intervene. Unlike Paraguay, the German government insisted on continuing the litigation and in 2001, the ICJ ruled that the brothers’ Article 36 rights were violated and that they were conferred individual rights under the Vienna Convention. It also addressed the question of procedural default rules, but unlike in Avena, it limited the discussion to whether or not the rules violated the brothers’ rights in this specific instance. The ICJ held that the procedural default rule did violate their rights but it did not say that the rule constituted a per se violation, leaving the door open for the US to continue to use the AEDPA as justification for denying any and all appeals based on Article 36 claims. This all changed drastically with the ICJ’s ruling in Avena, which held explicitly that the procedural default rule would fail to comply with their order for review and reconsideration. In response to this ruling, a number of claims have been raised in the federal courts, by Mexican nationals seeking to have their convictions and sentences reviewed. The results have been mixed and therefore the decision in the upcoming Medellin v. Dretke will provide some clarification. Of note however are two important decisions rendered by the states in between Avena and Medellin. • Medellin and the Supreme Court The grant of certiorari to Medellin signifies trouble for the Supreme Court. Medellin, convicted and sentenced to death for his participation in the gang rape and murder of two Texan teenagers, was also a party to the Avena case Why Conservatives Hate Freedom By Justin Whittaker, ‘06 C atchy title, huh? Thank you to all the well-wishers on both sides of the political spectrum who presented their admiration of my dismantling of the Conservative Manifesto in my last piece, The Conservative Corner’s Fiction. At last count most U.B. Law students offered support and encouragement as a result of the piece. You know what that’s called, don’t ya? “Mandate.” And who am I to ignore such a call to service? As such, I will continue to shoot holes and burn down the bridges leading to reconciliation. Hey, I’m sorry, but it’s easy. Again, I thank you for your comments; they are appreciated. Jeff Paycheck elected to disregard the tools of creating a serious argument in his piece entitled In Defense of Adam and Eve, and opted rather for soft, simplistic, and conclusory rationales as to why samesex couples should be denied the same legal benefits as heterosexual couples. Try as one may, it is difficult to grant serious consideration to the piece’s “arguments” given its cop-out disclaimer in paragraph five, which states that we should all participate in a respectful dialogue concerning the topic at hand. However, the entirety of the preceding diatribe against same-sex unions is comprised of disrespectful misconceptions and juvenile stereotypes. It was disappointing to read a piece, which was allegedly drafted with the intent to “get the conversations started” Defense at para 5, where no compelling source material or support to generate the purportedly desired dialogue was introduced. Instead, the piece meekly points to Judeo-Christian rationales as to why same-sex unions should be prohibited, and that the will of the majority should dictate to whom equal protection is afforded. Mr. Paycheck misunderstands the nature of equal protection, while at the same time passing off religious ideology as conclusive fact. The piece seeks to justify its irrational stance on arbitrary discrimination by pointing to the anti-gay marriage referenda passed by the voters in eleven states in the November election. In a response to the National Gay and Lesbian Task Force’s “screaming” that “fundamental human rights should never be put up for a vote,” the piece claims that “the people of the United States are screaming back that gay marriage is not a fundamental human right.” Id at para 2. Note that the use of the word “screaming” rarely appears in respectful dialogues. The piece clearly rejects the established principle that human rights is not in the hands of the electorate. Human rights exists because majorities historically tend to define equal protection in socially convenient terms. It is puzzling that the piece takes pride in its lack of understanding of this area of law. 4 and is appealing on Article 36 grounds. His appeal to the 5th circuit was denied by that court based on the idea that Breard was controlling precedent even though it was decided long before Avena. The court also maintained that the Vienna Convention does not confer individual rights despite what the ICJ says. The court says that they are bound by prior decisions like Breard until the court sitting en banc or the Supreme Court decide otherwise. The case is now before the Supreme Court. Numerous amicus briefs have been filed by noted experts in international law, many of the same experts involved in the Avena case. Ultimately the Court must decide just how much credibility they want to give to the ICJ and to the treaties they have signed. Supporters of Medellin argue that this case will have a significant impact on both how the world views the US and on the lives of US citizens here and abroad. If the US is to decide that they will no longer accept the jurisdiction of the ICJ nor be bound by the treaties they have signed, US citizens living abroad will be placed in a precarious position, as their rights to consular assistance will be terminated. In the alternative, opponents argue that if the Court is to accept the decision by the ICJ, upwards of 45 capital cases will have to be re-opened and re-tried, with societal and financial impacts for those in the communities touched by these cases. The courts will also likely be faced with other requests for review and reconsideration from some of the other 70 or so foreign nationals on death row that were not represented under Avena. However it seems like having to review and reconsider the convictions of foreign nationals, i.e. honor our treaties and be bound by a court we agreed to be bound by, is a small price to pay to protect our citizens abroad and ensure that we continue to play by the rules and maintain our integrity on the international scene. The Equal Protection and Due Process Clauses of the Fourteenth Amendment states that: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [emphasis added].” The piece, through its assessment of same-sex unions, effectively advocates denying equal protection to “all persons” subject to the jurisdiction of the United States. As such, the piece seeks to define homosexuals as not being “persons” within the meaning of the Fourteenth Amendment. Again, it is difficult to reconcile this activist definition with the piece’s call for a respectful dialogue, where it is evident that the piece has nothing but disrespect for homosexuals. If homosexuals are not “persons” within the meaning of the Fourteenth Amendment, what are they? Are they 99/100ths of a person? Are they 3/5ths of a person? Next, the piece inquires, “should moms and dads be optional?” and then asserts that “we’ve seen the same results in single-parent situations and children need a mom and a dad.” Defense at para 3. It is unclear to which results this statement refers, as no information is provided. However, as evidence of… something…, the piece cites the conclusions of admitted homophobe Dr. James Dobson, the evangelical founder of the conservative Christian organization, Focus on the Family. Dr. Dobson is a regular favorite of fair and balanced Fox News host Sean Hannity http://www.foxnews.com/ story/0,2933,138571,00.html, and states that “there is no civil right to deny children their mothers or fathers, which is exactly what every same-sex home does.” Defense at para 3, citing www.family.org. It should be noted that Dr. Dobson holds no accredited training in theology, yet professes that his alleged command of biblical teaching, justifies imposing his version of morality on secular society and government. He attempts to justify his animosity towards homosexuals by attempting to link them to societal ills, arguing that: “…the homosexual agenda, pornography and gambling are among the front burner issues that threaten the foundation of the family.” http:// www.family.org/welcome/aboutfof/ a0007486.cfm#government. It is difficult to accept Dr. Dobson’s and the piece’s wholly unsupported assertions, given the results of the following study commissioned by the National Adoption Information Clearinghouse, a sub-agency of the United States Department of Health: Continued on page 5 �The Opinion February 2005 Why Conservatives Hate Freedom Continued from page 4 Continued—“Children of gay or lesbian parents are no different than their counterparts raised by heterosexual parents. In ‘Children of Lesbian and Gay Parents,’ a 1992 article in Child Development, Charlotte Patterson states, ‘Despite dire predictions about children based on wellknown theories of psychosocial development, and despite the accumulation of a substantial body of research investigating these issues, not a single study has found children of gay or lesbian parents to be disadvantaged in any significant respect relative to children of heterosexual parents.’" http://naic.acf.hhs.gov/ pubs/f_gay/f_gayb.cfm. Furthermore, the same commission found that: “There is no legitimate scientific research connecting homosexuality and pedophilia . . . . In a study of 269 cases of child sex abuse, only two offenders where found to be gay or lesbian. More relevant was the finding that of the cases involving molestation of a boy by a man, seventy-four percent of the men were or had been in a heterosexual relationship with the boys mother or another female relative. The conclusion was found that ‘a child's risk of being molested by his or her relative's heterosexual partner is over one hundred times greater than by someone who might be identifiable as being homosexual.’” Id. Conveniently, the piece fails to enquire into actual societal phenomenon, like divorce rates among heterosexual couples in the United States, when propagating it’s “sanctity of the family” argument. Please consider the following inconvenient statistics: "The National Center for Health Statistics recently released a report which found that 43 percent of first marriages end in separation or divorce within 15 years. The study is based on the National Survey of Family Growth, a nationally representative sample of women age 15 to 44 in 1995.” http:// www.divorcereform.org/rates.html, citing the 2002 United States Census Report. Additionally, according to the conservative activist organization, Americans for Divorce Reform "The number of children involved in divorces and annulments stood at 6.3 per 1,000 children under 18 years of age in 1950, and 7.2 in 1960. By 1970 it had increased to 12.5; by 1975, 16.7; by 1980, the rate stood at 17.3, a 175 percent increase from 1950. Since in 1972, one million American children every year have seen their parents divorce” [emphasis added]. http:// www.divorcereform.org/chilrate.html. ♥ ♥ ♥ ♥ ♥ Next, the piece states that “samesex advocates are not merely seeking out marriage for themselves; they are requiring that everyone change their ideas about family” [emphasis added]. Defense at para 3. “Requiring?” Here the piece chooses hyperbole over supporting its conclusion with anything remotely substantive. Rather than engage in a serious discussion, the author elects to engage in baiting the irrational fears of those willing to buy the rhetoric. I challenge the author to take a step beyond the unsophisticated rhetoric and move in the direction of providing objective documented support for his assertions. The piece asserts that the “movement” his not anti-gay, but it is merely “anti-gay MARRIAGE.” Defense at para 4. The piece would have us believe that it is not opposed to homosexuals; it merely takes the position that they shouldn’t have the same legal rights as everyone else, regardless of what the Constitution says, and regardless of the principle of “liberty and justice for all.” Again, the piece justifies its assertions not with fact or legal principles, but with religious ideology. Finally, the piece defends its enumerated and dubious assertions by stating that “claiming that everyone not in agreement with you is a homophobe is not a valid argument, so please try some original rationale for your opinion.” Id at para 5. This is a confusing statement considering that no original arguments have been pre- Happy Valentine’s Day Forget your Valentines Day card? sented in defense of its assertions. The piece merely presents simplistic and clichéd religious justifications with no objective support, and the unsubstantiated conclusions of Dr. Dobson, as its “original rationale.” Dobson stated on CNN’s “Larry King Live” on September 5, 2003 (following the Lawrence v. Texas decision) that same-sex couples “will destroy the family, which will destroy the nation, and I think eventually have a major impact on Western Civilization . . . . The research shows that they have as many as 300 to 1,000 partners in a lifetime.” What research? Who knows? When Paycheck’s Podium presents anything more than myopic stereotypes and sophomoric inanities passed off as “argument,” then serious consideration will be afforded those arguments. Until then the Podium is in no credible position to dictate the terms of what is and what is not valid discussion. Animus, ignorance, and fear directed toward homosexuals is little more than modern day Jim Crow extremism and presents a clear and disturbing picture of the modern right-wing agenda, and how out of touch it clearly is. Try again. - Justin Whittaker, 2L, is an Opinion staff columnist and can be reached at pysch_rock@yahoo.com. Send your Letters to the Editor at UB.Opinion@gmail.com ♥ ♥ ♥♥ ♥ Cupid Quits Love Business Cut & Color this one for your sweetheart! By Michael J. Fornasiero, ‘07 ↓ ↓ ↓ ↓ ↓ A fter more than two millennia of matchmaking, Cupid today announced that he was hanging up his bow and arrow and filing for bankruptcy protection. In a press release, Cupid, also known as Dr. Love during the 1970s, blamed the decision on the high cost of matchmaking malpractice insurance. “As a minor deity in an era of frivolous lawsuits, I no longer can afford to provide the public with the level of service that they have come to expect,” wrote Cupid. “Last year I spent more time in court than I spent behind my bow and arrow. The era of not-forprofit matchmaking is over.” In the United States, matchmaking malpractice lawsuits have largely tracked divorce rates, with more than a million such suits filed since last Valentine’s Day alone. Next week, the Supreme Court is expected to rule in favor of a Florida mother suing Cupid over “wrongful attraction” between her daughter and her cell phone. Such a ruling could have far reaching implications for Cupid, opening the courts to all manner of plaintiffs, from pets to pantsuits. Pheromone futures soared on Cupid’s announcement, and retailers across the country reported record sales for Twister and archery supplies. Meanwhile, media-related stocks plunged on worries that one of its most successful plot lines – “falling in love” – had gone the way of the Dodo. Fresh from a meeting with Hollywood screenwriters, California Governor Arnold Schwarzenegger was uncharacteristically subdued. “I don’t The Opinion Valentines Day Card 2/14/05 5 know what were going to do. Maybe more violence,” the governor said. “This changes everything. We’re living in a post-2/14 world. Yes. Maybe more violence.” In Italy, a teary-eyed Brad Pitt spoke fondly of the erstwhile matchmaker. The actor, fresh from his highly publicized split from hairdonext-door Jennifer Aniston, said, “Jennifer and I only fell in love for the publicity. I wish people would stop blaming Cupid. He had nothing to do with it. I love Cupid.” Known for his support of loveleaning causes like Habitat for Humanity and Amnesty International, Cupid spent most of last year campaigning for failed presidential candidate John Kerry. Just days before the election, Kerry was forced to distance himself from Cupid when Attorney General John Ashcroft revealed that Cupid was under investigation for his role in Britney Spears’ second wedding and love in general. Critics accused the White House of playing the “love card” in a cynical attempt to mobilize conservative voters. At a Niagara Falls’ press conference early this morning, Cupid, who made his first match in 117 B.C., shrugged off suggestions that the investigation had something to do with his decision. “It’s just time to move on. Maybe I’ll write an advice column. Who knows? Maybe I’ll fall in love with myself.” Lawyers for fellow deity Narcissus quickly threatened to file suit.— Michael Fornasiero can be reached at mjf29@buffalo.edu. �The Opinion February 2005 The Editor’s View Want to express your Opinion? Build your resume? T his issue’s unintentional focus on technology issues has the editors thinking about where the Law School is in the “wired” category amongst its peers and where we should be going. In recent years, Dean Olsen and Assistant Dean for Information Technology Alex Dzadur have taken this school out of the 1970s and brought us up to speed for the new millennium. They both deserve a lot of credit as we have set the campus standard for wireless technology in the classrooms and the Law School building. However, there is still much more to do. Take American University’s Kogod School of Business, who recently announced that they will be the first business school in the world to provide BlackBerry 7100t phones and T-Mobile HotSpot wireless broadband service to 300 of their graduate business students and faculty. Beginning February 1, graduate students who are admitted for fall and pay their tuition deposit, will receive a BlackBerry 7100t and access to HotSpot Service. Imagine, while prospective students are weighing their options on which law school to attend, only to receive a package in the mail from UB Law with their very own BlackBerry. American University’s BlackBerry 7100t will have a Real Simple Streaming (RSS) reader to access streams of Web content including, coursework, admissions information, job listings, and other internal information. In addition to providing this service for students who have yet to step foot on the AU campus, the BlackBerry and streaming information will be fully integrated into the business school’s academic program. UB’s version could be a direct link to the admissions office, faculty and current students. Reading assignments could be completed “on the go” and students could receive the latest information about housing and student loans. Sure this is a very expensive way to recruit top students and the only unique technology is the ability to check email and internet content wherever you may be. We say, so what? After all, what is the real use of wireless technology in the classrooms—except for keeping tabs on our email while professors drone on. BlackBerrys for newly admitted students are likely way off in the distant future, but the unique programs used by business schools should make their way into our law school. Healthcare Brought to Forefront as Student Group Looks to Form Continued from p. 2—starting in the second year of study. The concentration requires 9 hours of credit work. A clinic in Elder Law is also available. Since a focus on health law is so particular to UB Law and something that stands out to future employers, a number of students have decided that the time is right for a Health Law Student Organization. “The benefit of a health law organization at UB would be an organization for students who share an interest in legal issues which relate to health and the health care industry,” says 1L Michelle Daubert who is leading the effort to establish the new student group. “Participation in the health law organization will be a way for students to learn more about health law The Opinion newspaper is always looking for talented writers and editors to join our staff. Please send a letter of interest to: UB.Opinion@gmail.com Jazz Night Sponsored by BPILP and the SBA, benefiting BPILP Public Interest Fellowships Pearl Street Brewery • 8-11pm • $10 in advance • $12 at the door Featuring the Faculty/ Student Band “Class Action” and policy. Additionally, the focus will be on exploring career opportunities in health law. As a new organization, we hope to invite guest speakers from the community to UB, have discussions on current health law issues, and perhaps set up a mentorship program,” she continues. Daubert emphasizes that she is looking for interested students to help develop ideas for what activities and experiences the new organization could offer to those who hope to become involved in health related fields and to the school at large. She invites anyone who would like to be involved to please contact her at daubert@buffalo.edu. School Snow Closings? Dial 716-645-NEWS Is your career worth Movie Night with the Student Bar Association presents: $20? “The Paper Chase” Tuesday, February 15th 8pm Student Union Theater Free for Students & Friends Join the American Bar Association Law Student Division Save the date… Barrister Ball April 16, 2005 ABA Law Student Membership may be the best career investment you’ll ever make. Hosted by the Student Bar Association Call 1-800-285-ABA1 to learn why. www.abanet.org/lsd 6 �The Opinion February 2005 Tara’s Survey: Giving Back to the Law School When We are Rich By Tara Pinkham ‘06 W e are all trudging through the halls of UB Law School practically everyday. Sometimes, life outside of its four walls does not exist. It is important to think outside of O’Brian’s four walls. We need to think of our monetarily rich future and rich future which will mean giving money back to UB Law. I asked several law students such a question. When you are a rich attorney, what type of “fund” would you set up in your name to improve the law school and the educational experience at UB? It must be noted that “fund” was used in the most loose sense of the word. The most popular response was to create a permanent source of funding to public interest summer interns who work unpaid over the summer. It is obvious that I asked many people from our school’s Buffalo Public Interest Law Program. These students, however, make a great point. Jessica Keltz noted that, “students have to count on the proceeds of a fundraiser for their summer pay. Lots of students come to UB instead of bigger, fancier schools in order to save money so they can pursue a career in public interest law.” Other students wanted to hire a full time public interest staff person to help manage BPILP’s efforts. Robert Middlemiss explained that this staff member will be responsible for BPILP and would focus on finding public interest opportunities for students.” An unsurprising common complaint I encountered while asking students this survey regarded the bathrooms throughout the school. Jennifer ♥ ♥ ♥ Hyatt recognized that “It's obvious the building was designed when there was a much lower number of women in the law school. There's always a line between classes and I think it's crazy that some floors only have one, gender segregated stall.” Both Michael Mann and Leah Mervine adamantly support a “renew the bathroom fund.” Leah has already ambitious planned out the designs for “The Leah Mervine Water Closets.” She explained “I will donate money so that bathrooms will be renovated to include ventilation systems, new toilets and aesthetically pleasing fixtures. I will send UB pictures of the bathroom from the Mercury Lounge in the Warehouse District of Cleveland and have the person that designed that restroom to design them for UB Law!” I was worried there would be a dilemma over who we would name the bathrooms after given it’s two staunch reporters. Fortunately, Mike Mann came up with a solution like he always does. He will have the boy’s bathroom named after him, while Leah will have the girl’s name after her. Sarah Redzic, Nicole Haff, and Christine King would put their hard earned money for a law student only parking lot that is very close to the building. This would be complimented by exquisite snow removal sponsored. Christine made a great argument for a law student only parking lot. She exlained that “law students have a lot more Many students said that they create funds to make UB more aesthetically pleasing. Have you ever noticed the lack of windows in UB? Meredith Conner wants to remedy this problem by giving the school a $100,000 to “start pounding out a lot of holes.” She explained that these windows created in her name better be big and “not little peepholes or skylights.” Liz Kraengel would create a fund for the landscaping and aesthetic pleasures. Liz’s fund would be greatly appreciated as it would be great to have some grass amid all these bricks. The law school café could use a little work as well. I suggest that we have a full food selection, not vending machine slop. I would fund full-time caterers and cooks to make us wonderful food for our long studying nights. I would also fund a microwave that is self-cleaning so I would not have to look at the nasty stains left by other people’s food. Nicole Haff would compliment my idea by creating a fund to have plastic ware and paper towels available in the café. Nicole’s idea is probably the most practical I encountered while administering this survey. There were other funding suggestions that surprised me. Like, Greg Stein and Christine King advocated for setting up a bar in the law school. Don’t you spend enough time here? I would not want to hang around to socialize at school too. But Greg had a good point, “Students need a convenient place to go and get liquored up after classes.” I am sure the 1Ls could benefit from an inschool bar after writing their appellate briefs. Another bizarre funding idea came from Brooke Kirkland. I am sure that we have all recognized the Hodgson Russ classroom on the first floor. Apparently, the 2ls who were in section B last year had too many classes in that room which spurred Brooke to scream “knock out 106 and put in one of those bouncy air-filled play pens for adults... good to let out steam and gets rid of the damn room.” Do I feel a little animosity toward the Hodgson Russ room? Who could neglect our library. A few students wanted to set up a various library funds, some for hiring full time staff to monitor the printers and hand out the print jobs. Todd Chard would like the library to be open twenty-four hours. Then David Frech would set up the “David Frech Vacuum the Library Fund.” This fund was spurred by his observation that “I don’t think it has been vacuumed since the mid 1980's. Maybe that’s because the vacuums would get stuck on the duct tape holding the rugs together.” Other people have a more protectionist attitude toward our library. Take Justin Whittaker, who is angered by all of the undergrads who use our library. Upon giving the school a million dollars, he would enact the Undergraduate Student Enhancement Act (SEA), which would be better entitled “Ban All Undergraduates from the Law Library Act.” In his well-articulated act, under Art. I , all undergraduate students found (a) sleeping, (b) breathing, or (c) existing in the library shall be systematically persecuted and tortured,. His fund would also hire SEA enforcement officers. So law students, think hard! We will be out in the real world soon, it is not to early to think about giving money to UB Law. You might as well start being creative! - Tara Pinkham can be reached at tpinkham@buffalo.edu. Law School (Valentines Love) Horoscopes ♥ ♥ ♥ By Tracey Stephen ‘06 (Law Student Extraordinaire & Psychic) ARIES (March 20–April 19): You are confident as you drift through your own emotions and dream about the love you have or the perfect love in your future. Even if you are driven now to go out and make a relationship happen, don't do it for the wrong reasons. You only live once, and sometimes it is better to be alone than to be with someone that you are not truly happy with. TAURUS (April 20–May 20): Your mental and physical mind is being shaken by the emotions of the Moon this month. You could be persuaded to throw caution to the wind and move steadily toward making your relationship more meaningful for both you and your partner. But be wary of using others for your own sensory enjoyment without considering their needs. GEMINI (May 21–June 20): You Twins are surely the cleverest in all of law school, and now you need to add a new trick to your bag of magic. It's time for you to learn how to be more sensitive and sympathetic. Although this knowledge can hurt you, it is important for you to be more open to letting in the pain of someone you love. Don't allow yourself to be distracted by the first thing that comes along. Let your emotions swirl around vividly in your mind, even if they do make you a bit uncomfortable. CANCER (June 21–July 22): You may be in your stay-in-and-chill mode of thinking; however in the long run, you probably won't be content to just let the world pass you by. There's a part of you that sees an opportunity to get what you want. There could even be a voice in the back of your head reminding you what will happen if you don't go for it. Listen to that small voice. It has your best interest at heart. LEO (July 23–August 22): You would benefit from sitting quietly thinking about what you most want out of life. Even if you feel self-indulgent, don't negotiate away your heart's desire for temporary enjoyment. Even these short moments of deliberation can be beneficial to your mental and emotional state. VIRGO (August 23– September 22): It's hard to ask for what you want, especially in a developing romantic relationship. You are so interested in making everything just right that you inadvertently set aside your own needs. Ask yourself what you are really worth, and then lay your needs on the table. The benefits may not be immediately obvious, but the stage is being set for what follows. LIBRA (September 23–October 22): Don't slip back into your old tricks of self-denial as the feelings ramp up an- 7 other notch this semester. You are now on the receiving end of intense waves of passion. You can try to bury them deeply within the ocean, but they're going to boil and steam until you bring them closer to the surface. This is your stuff and you need to become inspired by it rather than being fearful. SCORPIO (October 23–November 21): Your feelings are growing as Valentine’s Day approaches. It may also feel as if your emotions are somewhat stuck. Worse yet, old issues that you thought were fully processed can come back to haunt you. On the positive side, opportunities for new conquests -both professional and emotional -- are present, but you may not be ready. Don't be so hard on yourself. You'll know when the time is right. SAGITTARIUS (November 22–December 21): Too much indulgence isn't good for you as the second semester of law school gets under way. Since you aren't likely to take advice now, you can overestimate your capacity, so it's important to watch your limits as you eat, drink or “be merry.” Remember, your judgment is fuzzy because your attractions are being magnified. Keep reminding yourself that what you see is not what you will get. CAPRICORN (December 22–January 19): Don't make assumptions now, for they will get you into trouble later in the semester. You think that you know what is motivating others, but you probably will overestimate their interest in your project or in your life. It's not that they won't participate; it's just that it will be better if they act out of their own free will rather than responding to your coercion. AQUARIUS (January 20–February 18): Don't rely on others for too much or you may end up being disappointed. If you are not independent in your thinking and actions you may look back and realize that you are just cloning the person you are with or desire to be with. Being truly happy means accepting that not everyone is going to enjoy your quirks. Accept this reality, and your confidence will shine through! PISCES (February 19–March 19): Others may see you as more energetic and outgoing than you feel. You are motivated now toward extravagance, big plans and sensory fulfillment. In other words, you may be feeling lazy and selfindulgent, but the only path you see for yourself involves expending energy with others. Go ahead and play the game, even if you aren't fully into it. Results will follow and then you can rest. Have fun this Valentines Day, hopefully you will spend it with someone special. �The Opinion February 2005 Entertainment & Events in Buffalo Legendary Guitarist Steve Vai to Perform on Campus April 4 BUFFALO, N.Y. -- The Center for the Arts at the University at Buffalo will present Steve Vai at 8 p.m. on April 4 in the Mainstage theater in the Center for the Arts on the UB North (Amherst) Campus. Vai is best known for his selfcomposed, performed and produced guitar instrumental music, but he also has played on the recordings of several other rock acts. Vai made his name playing "stunt guitar" with the legendary rock performer, composer, music producer and publishing mogul Frank Zappa. In the early 1980s he replaced Yngwie Malmsteen as lead guitarist in the band Alcatrazz. Then he joined former Van Halen front man David Lee Roth's group to record the albums "Eat 'em and Smile" and "Skyscraper." Vai also recorded with British rock legends Whitesnake. Vai continues to tour regularly, both with his own group and with his one-time teacher and fellow Grammy award-winning guitar instrumentalist Joe Satriani (on the G3 series of tours). Vai's "Real Illusions Tour" features an all-star band includ- ing: Billy Sheehan, Tony MacAlpine, Jeremy Colson and Dave Weiner. Bassist and Buffalo native, Sheehan, rose to cult status in the 1980s with his Buffalo based band Talas, and was recruited by David Lee Roth when Roth left Van Halen in 1985. He recorded two platinum selling albums with the former Van Halen front man before setting out on his own to form Mr. Big in 1989. The band achieved a Billboard No. 1 single in the U.S. and 14 other countries with "To Be With You" from their second Atlantic Records album release "Lean Into It." Sheehan has performed over 4,000 live gigs on nearly every continent. Tickets are $29, and $25 for UB students. Tickets are available from 10 a.m. to 6 p.m. Monday through Friday in the Center for the Arts Box Office and all Ticketmaster locations, including Kaufmann's. To charge tickets, call 852-5000; in Canada, call 1416-870-8000. For group sales, call at 645-6771. For more information call 645-ARTS. The Center for the Arts is a Ticketfast location.— UB Newswire National Tour of “Rent” to be performed at UB in February BUFFALO, N.Y. -- The Pulitzer Prize and Tony Award-winning landmark American musical Rent, written by Jonathan Larson and directed by Michael Greif, is coming to the Mainstage Theatre at the Center for the Arts at the University at Buffalo for two performances, Feb. 22-23 at 8 p.m. Tickets for all performances are on sale now and can be purchased from 10 a.m. to 6 p.m. Monday through Friday in the Center for the Arts Box Office and all Ticketmaster locations, including Kaufmann's and Ticketmaster.com, or by phone at 8525000. For group information, contact 645-6771. Inspired by Puccini's "La Boheme," "Rent" is a joyous, breathtaking and often bittersweet musical that celebrates a community of artists as they struggle with the soaring hopes and tough realities of today's world. “Rent” is taking the country by storm. Sweeping all major theater awards, including the 1996 Tony Award for Best Musical as well as the Pulitzer Prize for Drama, Rent captures the heart and spirit of a generation. The show received its world premiere off-Broadway at New York Theatre Workshop on Feb. 13, 1996, to ecstatic reviews. It rapidly became a sold-out hit. The show transferred to Broadway on April 29, 1996, and continues to play to standing-room-only audiences. On Feb. 10 this year, "Rent" surpassed "Fiddler on the Roof" to become the 10th-longest running show in Broadway history. The most honored musical since "A Chorus Line" in 1976, "Rent" is only the fifth musical to ever win both the Pulitzer Prize and the Tony Award. The success of "Rent" is always tempered by the death of its creator, Jonathan Larson. Larson died unexpectedly of an aortic aneurysm on the morning of Jan. 25, 1996, just hours after "Rent's" final dress rehearsal off-Broadway, and 10 days before his 36th birthday. Tickets are $49, $43 and $37. Additional show information can be found at www.rentthetour.com. —UB Newswire Submit info on your event to: UB.Opinion@gmail.com The Docket Who: “Jazz Night”—Sponsored by BPILP and the SBA When: Friday, Feb. 11, 8-11pm @ Pearl Street Brewery Scoop: Tickets are $10 in advance and $12 at the door, should be great to see professors hanging out with students, raising money for a good cause and well, beer. Who: Movie Night w/ the SBA presents “A Legal Cult Classic: ‘The Paper Chase’” When: Tuesday, Feb. 15, 8-10pm @ Student Union Theater Scoop: This is a FREE event, I repeat FREE ! Every law student has been asked if they have seen the “Paper Chase,” now you can say yes! Who: SBA Welcome Back Bar Night When: Thursday, Feb. 17 from 9-12am at “Quote,” Downtown Buffalo Scoop: Never miss an SBA bar night...they are craaaaazy... Who: Buffalo Public Interest Law Program 10th Annual Auction When: Friday, Feb. 25 from 7-11pm at the Rich Renaissance Niagara Atrium Scoop: Tickets are $25, well worth it after last year’s auction. What do you get with top shelf alcohol + the ability to bid on cool items? Who: UB Madden 2005 Football Tournament on Playstation 2 When: Friday, March 4 from 7-1am at Alumni Arena & other campus locations Scoop: For $5 dollars you get to show all those trash talkers who REALLY is the best at Madden. Who: University of Virginia Law School Annual Softball Tournament When: April 1-3 at venues around Charlottesville, VA Scoop: SBA is putting together at least one team to compete in against law students across the country, keep your eyes open for more info! Who: Students of Color Dinner When: Friday, April 8 at the Marriott Hotel in Amherst Scoop: One of the premier events at the law school, wouldn't miss it and neither should you! Who: Barristers Ball 2005 When: Saturday, April 16 at The Statler Hotel, Buffalo Scoop: How can you miss the prom? Be there or be square. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-02 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/2005 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 4 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/152bd5cbf9c17799c5d98d3e2c3c09df.pdf 5c906b4e62e9ef4d1b0460f3c4430bfa PDF Text Text THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 Vol. 43, Issue 6 The Student Newspaper of the University at Buffalo Law School April 2005 Fire ravages Law School’s food court Three alarm fire during break damages library, classrooms and closes second floor By Caroline Brancatella, ‘07 t approximately 7:40 a.m. Saturday, March 19th, University at Buffalo Police were alerted to a fire alarm in the food court in O’Brian Hall. Although the food court was destroyed, the five local fire companies who responded were able to keep damage to the rest of O’Brian, which houses nearly all law school offices, classrooms and facilities, at a minimum. It occurred during the last weekend of UB’s spring break and fire officials believe that no one was in the building when it broke out; no injuries were reported. The University Provost, in conjunction with law school officials announced on Sunday March 20 that all law school and University scheduled classes in O’Brian were cancelled the following Monday and Tuesday, unexpectedly extending students’ time off. Although air quality testing showed no contaminates in the air, the decision was made in order to allow building clean-up to continue uninterrupted and to provide time for classroom reassignment said John Della Contrada of University News Services. All classes held off-site took place as scheduled. Although the Buffalo News reported the estimated cost of the blaze at both $200,000 and $250,000, Contrada said that number did not come from the University. Fire officials often offer early cost estimates according to general formulas, but at the Opinion’s press time the school was still in the process of calculating the dollar amount of damage. In terms of who will pay for repairs Contrada said, “O’Brian has been declared an emergency site, which brings the state into it. SUNY [State University of New York] is a state agency, so the cost now becomes a state issue, meaning that payment for the fire could come from a number of places, not just the University.” According to Contrada the cause of the fire remains unknown. An investigation by Town of Amherst and Erie County officials is underway. Despite its close proximity to the eye of the fire, the Law Library and its second floor O’Brian entrance yards away from the food court suffered only a layer of soot on all six of its floors. However, the first two floors, which experience the most student traffic, were the most affected. It is the only public law library in New York State. “The Library will be closed for a while,” says Vice Dean for Student Affairs Melinda Saran. “We will have arrangements to obtain books from the Law Library upon request. Further information will be given out as it becomes available.” While the fire was contained to a small area, all of O’Brian experienced a strong odor of smoke and burned plastic -- especially on the first through third floors. University Officials and the State Office of General Services immediately hired a private contractor to clean the building. One of the school’s large lecture halls, Room 106, was severely damaged by water. “Classes will be moved as Room 106 is unavailable. We will have postings and information e-mailed to students,” says Saran. She encourages all students to regularly check their e-mail, “Students must check their official UB e-mail. They should make sure they can receive ALL announcements, even those with attachments if they choose to forward e-mail.” Continued on page 3 SBA Casino Night Tuesday, April 5th Seneca Niagara Casino Room 106 remains shut with severe water damage after a fire rips through the Law School’s Food Court. Classes were canceled as crews work around the clock to repair smoke damage. Schlegel!-isms An Abridged List of a Professor’s Words of Wisdom By Mike Nisengard, ‘07 gonna work on how you make things up. chlegel! – both a name and an exclamation for There’s nothing wrong with lazy law students the grandson of an Chicago alderman who has except to me, because I like easy lifting as much as kept “instruments of intellectual torture” out you do. of his law school office. Where he keeps these The doctrinal understanding of contracts is stupid. instruments and how he utilizes them, while fascinating I never had faith in my surge protector cause if many leading forensic and psychological experts, has lightning hits the house all sorts of shit is gonna go befuddled and baffled many a law student who have haywire. walked in and out of his classroom. I know I’m weird if for no other reason The following list of “Schlegel!than my kids tell me and say things isms” – actual Schlegel! neural firsuch as: “You embarrass me when you ings taken directly from the classskip in parking lots.” room - is an effort to better underSometimes honesty is not helpful. stand the man who stands against Existential doubt is a waste of doubt – popular opinion by claiming that he be concerned about your children. is only “slightly mad.” The followLater in the day one is more tolerant of ing is Schlegel! at his best: lazy people, because you’re lacking Remember Big Bird – law is energy then too. about imagination. It’s your education – I get paid When you have shards in your whether you learn or not. hand remember – do not clap. I suggest that you wash real clean You’re paid to make a noise like each morning and real clean each a lawyer. If you’re paid well, it probably means you make good Professor John Henry Schlegel night because it’ll take a lot to make you a vaguely acceptable human noises. being. You should know at some point where your gut A good contracts claim should and your head meet – your heart. state: “I’ve been shit on!” Your job in looking at this case is to make an arguThe question is the answer, not an occasion for ment like you would make dinner with what’s left over thinking. in the fridge. The point is to make the facts sing… and of I had my own subscription to Fortune Magazine course, what song do you want them to sing? when I was 12 – now that’s fucking weird! You have no idea what to expect, but this is cerObvious is sometimes obscure. tainly not what you expected. I make it up – get comfortable with that. We’re Buses to leave from the Law School 1 �The Opinion THE OPINION April 2005 Volume XXXXIII, Issue #6 Co-Editors: Mike Mann, ‘06 Jenny Mills, ‘06 Staff Writers: Justin Whittaker, ‘06 Caroline Brancatella, ‘07 Justin Nifong, ‘07 Tracey Stephen, ‘06 Stephen Wyder, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. New submissions of articles, cartoons or advertisements are always welcome and may be submitted to The Opinion mailbox in the SBA office, or via email to the editor at UB.Opinion@gmail.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit writings. The Opinion does not endorse any of the articles and opinions stated within its pages. State Court of Appeals to Attend Distinguished Alumni Awards he Chief Judge and the six Western N.Y. chapter of the Women’s Associate Judges of the New Bar Association, commemorates the late York State Court of Appeals Justice Denman, presiding justice of the will be the honored guests of New York State Supreme Court’s Appelthe UB Law Alumni Association at the late Division, Fourth Dept., and the first Association’s 43rd Annual Meeting and woman to be named its presiding justice. Dinner, to be held Thursday, April 14th, Denman graduated from UB Law at 6 p.m in the Hyatt Regency Buffalo. School in 1965 as class valedictorian At that time, the alumni group will prewhile a single parent. sent Distinguished Alumni Awards to Seated on the dais at two graduates of the Univerthe dinner in addisity at Buffalo Law School tion to Chief Judge and to a non-alumnus for Kaye will be the their valuable contributions to Associate Judges: the legal profession and comHon. George Bundy munity. Smith, Hon. Carmen The dinner will be a part Beauchamp Ciof a historic visit by the parick, Hon. Albert judges who serve on the State M. Rosenblatt, Hon. Court of Appeals bench, as Victoria A. Graffeo, they convene for the first Hon. Susan Phillips time in Buffalo at the invitation of the Law Alumni Asso- Chief Judge Judith Kaye Read and Hon. Robert S. Smith. ciation. On April 14, from 1 Pfalzgraf will be honored “for his p.m. to 4 p.m., the judges will hold court in the Ceremonial Courtroom, 92 Frank- many contributions to the betterment of our community.” Of counsel to the firm lin St. of Pfalzgraf Beinhauer & Menzies LLP, Dinner honorees are David R. where he focuses his practice on elder Pfalzgraf ’68 and Diane F. Bosse ’76. law, Pfalzgraf is highly regarded and The alumni association also will recogwidely respected for helping to educate nize Chief Judge Judith S. Kaye, a non-alumnus, who will receive a special the legal profession about alcoholism, chemical dependency, stress, depression tribute for “outstanding service to the and other mental health problems. His university and community.” leadership has assisted numerous bar Judge Kaye will make a special associations and lawyer assistance propresentation of the Justice M. Dolores grams in developing and maintaining Denman scholarship award to a UB law methods of providing effective solutions student who is a custodial parent. The for recovery. scholarship, funded primarily by the Bosse will be honored “for her commitment to public service.” She is chair of the five-member New York State Board of Law Examiners, which is responsible for the preparation, administration and grading of the New York State Bar Examination and for the determination of related policy and administrative issues. Bosse also is currently secretary of the National Conference of Bar Examiners. A partner in the Buffalo firm of Volgenau & Bosse, she is engaged principally in the defense of personal injury claims with particular emphasis on product liability and toxic tort claims for self-insured and insurance company clients. Judge Kaye will be honored “for outstanding service to the university and community by a non-alumnus.” Chief Judge of the State of New York, she was appointed by Governor Mario M. Cuomo on February 22, 1993, confirmed by the State Senate on March 17, and sworn in on March 23, 1993. She is the first woman to occupy the State Judiciary's highest office. She became the first woman to serve on New York State's highest court when Governor Cuomo appointed her Associate Judge of the Court of Appeals on September 12, 1983. A limited number of student tickets will be available through the Student Bar Association. Look for emails and flyers as the dinner nears or stop by the SBA office or the Alumni office on the third floor of O’Brian Hall. The Politics of TheAmericanSystemDependsonIntegrityoftheLaw MilitaryRecruiters By Stephen Wyder ‘07 on Campus By Caroline Brancatella, ‘07 hat price would you put on the law’s integrity? The rule of law is a concept, which permeates American society. Law is the great equalizer. From the lowliest ditch digger to the President of the United States, all are bound by its prescriptions. The rule of law, among others things, distinguishes our society, our system, from totalitarian regimes. Regimes where arrogant men and women, contemptuous of the people’s will, craft rules fit to their whims. In The Tempting of America: The Political Seduction of the Law, former federal circuit judge Robert Bork recounted an exchange between two of America’s greatest legal figures – Supreme Court Justice Oliver Wendell Holmes and Judge Learned Hand. The two met for lunch, and as Justice Holmes drove away in his carriage, Judge Hand, in a moment of enthusiasm shouted to him, “Do justice sir, do justice.” Holmes stopped his carriage and reproved Hand, saying, “That is not my job. It is my job to apply the law.” Legitimate laws, enacted through legitimate political process exert centripetal force on society, guiding, sustaining and reinforcing behavior deemed necessary by the law making body – in our case, a legislature. But what of bad laws? What of laws foolishly enacted, or enacted with good intentions but with unintended results? Change the law. Americans have the rare and wonderful right to, metaphorically speaking; demand their elected representative’s head on a platter when we are unhappy with the laws our elected officials enact. The founding fathers created a system of popular rule. They intentionally insulated that system from inevitable fluctuations in popular passions with structural checks and balances. In doing so, they created a system where, generally speaking, laws are well reasoned and debated, rather than snapshot responses to surging and ebbing emotions. Free political speech and public debate are hallmarks of the American system, one, made sacred by the First Amendment to the U.S. Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The political and legal processes, properly followed, lend legitimacy to the law. This process is of paramount importance. When a law is legitimately enacted by the legislature and enforced by the courts, the people’s authority is behind it by virtue of the authority given to elected lawmakers by the electoral process. The political process, which allowed elected representatives to create a bad law, also allows them to repeal that law with equal legitimacy. Likewise, this process binds a court to interpret the letter of the law. An honest judge cannot insert his or her personal beliefs into the court’s decisions – they must follow the black letter and plain intent of the law. America’s entire government system is rendered legitimate by these processes. Laws may change, elected officials come and go, as do judges, law enforcement officers, and civil servants; but the process remains constant. It is the cornerstone of our government. Without the process lending legitimacy to legislative acts, and court decisions, our government would no longer be a Republic, but an Oligarchy where government officials and judges may act without regard to the people’s will. Given the importance of legitimate process in the American system, as a law 2 student, this author finds the current trend in the legal community toward applying a lawyer or judge’s personal conceptions of justice instead of the law’s written letter greatly disturbing. I use the word “conceptions” intentionally. Each person brings with him or her, a slightly different view of “justice” from the next person. Our perceptions of justice also change as we experience life. What seems just to us at age twenty changes by age forty and sixty. When lawyers and judges depart from the law’s black letter because the result it prescribes is unjust in our minds, we do a disservice not only to the legal community, but also to our entire system. Unless judges, lawyers, elected lawmakers, and government officials follow the written law, as it physically exists, the entire rule of law conception may as well be a sham. Rule of law exists only when people subordinate their personal opinion to the rules established by a legislature, and resort to the electoral and political process to change laws they do not like. Whether or not we agree with the law is irrelevant when applying it – that is why we have the right to petition the Government for a redress of grievances. We elect representatives and share our policy preferences with them in the political process. Our job in the legal process is simply to apply the law. Without judges and lawyers whose sole concern (in their professional capacity) is applying the law, at it exists, the rule of law becomes little more than the rule of one man or woman’s opinion. I ask again. What price would you put on the law’s integrity? Vote in the Student Bar Association Executive Board Elections April 12th-13th n February, University at Buffalo Law School’s Office of Career Services helped students arrange interviews with a recruiter for the United States Military. Schools across the nation act in the same way -- sending e-mails and arranging meetings -- or face losing millions of dollars in federal funds. For the moment schools in New Jersey, Delaware and Pennsylvania, which encompass the Third Circuit, no longer have to worry after last year’s ruling on Forum for Academic & Institutional Rights (FAIR) v. Rumsfeld, which said such policies violate the First Amendment right to protest. Nor does Yale Law School, according to a recent District Court of Connecticut preliminary injunction. Since the early 1990’s universities have complied with a controversial law known as the Solomon Amendment. In 1994, the late Gerald Solomon, a New York Republican proposed legislation to deny universities federal funds if they refused to allow military recruiters on campus. Requirements have been tightened a number of times, most recently in 2002. Accredited law schools are members of the Association of American Law Schools (AALS), which states that schools must comply with a non-discrimination notice that includes sexual orientation. Moreover, it requires any potential employers a school puts its students in touch to sign the statement. The military’s policies do not comply with AALS’s notice and therein lies the rub. It is this conflict that contributed to the Third Circuit ruling. 12 law schools were represented in FAIR, UB not among them. The Department of Justice has stated its displeasure at the Pennsylvania appealed to the Supreme Court. Continued on page 5 �The Opinion April 2005 ANote from the President Fire in the Food Court By Michael Mann, SBA President t is that time of year again! As we enter the month of April, some of your classmates will be running in Student Bar Association Executive Board Elections. It is your chance and responsibility to vote them up or vote them down. Each student has a vote—1L, 2L, 3L and LL.M. — and you should use your vote to support a candidate who will represent our Law School well. In last year’s election, the presidential race was very close, and I write this note to ensure the same is true in this year’s election. Only with a competitive campaign season can new ideas emerge about the future of the law school, and be discussed and challenged in a public setting. If you are a student leader considering whether to enter the race, I advise you to do so. The SBA is always in need of fresh new faces, and welcomes candidates with big plans and creative ideas. There is no trick to serving as SBA president, all you need is a desire to serve the student body and make UB Law a little better than it was before you took office. After elections, there is a month of transition with the current executive board, so you will not be stuck without a paddle. However, if student government is not for you, certainly a good law school is. Therefore, it is essential that you cast your ballot for the student leaders who would best represent not only your interests, but the interests of the entire student body. This is your chance to have your voice heard. If you choose not to speak up, you cannot complain about the way things are done (well you can complain, but no one will listen). I wish all of the candidates in this year’s SBA elections the best of luck, and hope to see all of my classmates at the election polls! SBA Elections April 12th & 13th CONTINUED FROM PAGE 1 In addition to Room 106, classes held in rooms 543A and 630 were rescheduled for the rest of the semester. Some faculty and staff were allowed in the building the Monday after the fire, but the building was locked to most. To accommodate first-year students participating in the Law Review’s casenote competition, which adheres to strict deadlines, University Police helped set up a table near O’Brian’s first floor entrance to accept completed articles. As students returned Wednesday, the University sealed off the 2nd floor corridor of O'Brian Hall, blocking access to law lockers located in that area. Unless a student requested otherwise, Student Services removed the contents of each locker. Separate bags for each locker’s belongings could be picked up in Student Services. When students returned on Wednesday March 23 students faced only a few inconveniences. The building was cool, as heating and cooling systems were not operation until the following week and the student mailboxes, which had been located in the food court, were completely destroyed. The library remained closed, but law services were provided via Lockwood library, a short distance from most law school classes. “Seven years ago, the food court as we knew it didn’t exist. It was a dirty room with graffiti on the walls. At the request of former Dean Barry Boyer, I was responsible for turning it -- as well as the first floor student lounge -- into lovely spaces that law students could use and enjoy. You can imagine my heartache when fire destroyed the food court and the lounge was covered in soot,” said Dean Ilene Fleischmann. “We are so lucky, that the fire wasn't worse than it was. The lounge is being cleaned, and will be as good as new-- and the food court is being redone. It will be even better than before.” Barrister’s Ball April 16, 2005 Statler Towers, Buffalo 8pm CareerServicesKnocksonNewDoors Using faculty and alumni resources in new ways ometimes the friend-of-a-friend can help you get through closed door. That is the philosophy behind a fledgling set of efforts by UB Law School alumni, faculty and staff aimed at broadening the range of employment opportunities for UB Law students. The initiative grew out of a meeting of the Dean’s Advisory Council, a group of prominent UB Law alumni who work with Dean Nils Olsen to bridge the gap between academics and legal practice. “The DAC has been wanting to find a way to help the school place students in good jobs – places the alumni have access to, places the students have not gone before,” says Lisa M. Patterson, associate dean for career services. As an initial attempt to accomplish that, DAC member Bradley Gayton ’91, director of global trade for Ford Motor Co., referred to the Law School a tax consulting firm with which he had contact. That firm interviewed nine students on campus and hired Rosemary Garlapow, now a third-year student, for an internship in summer 2004. “That particular firm was doing work for us at the Buffalo Stamping Plant,” Gayton says. “The firm is based in Michigan, but it does tax consulting work throughout the country as well as in Canada and Europe. They were in the area, so that worked out nicely.” Similarly, DAC member Gary DeWaal ’80, senior executive vice president and group general counsel for Fimat USA, in NYC, came to UB Law when his firm hired interns for the first time. “We had an immediate need,” DeWaal says. “We always seem to get behind on some projects. I thought we would try starting a program using legal interns.” The students, Katie Walsh and Anthony Jordan, enjoyed some real-world lessons in exchange-traded derivatives, not to mention a visit to a Brooklyn Cyclones Class A baseball game. Tickets on sale now for $20 Hosted by the Student Bar Association ration. The bigger opportunity is to try to Three other alumni have been welinfluence all the firms we are doing busicoming UB applicants for internships ness with that are serving as outside counnext summer with their New York City sel.” firms – highly desirable opportunities for At a recent Dean’s Advisory Council our outstanding students. meeting, the career services subgroup The broader initiative, Patterson examined its charge says, bolstered by a to “place more of our sophisticated new good students in top brochure with testimonials from six UB firms and great Law grads at top jobs.” “We discussed the various parts of New York City law that proposition,” firms, is “really a way to get the alumni Conklin says. “Are to think more broadly we only looking to about hiring. In some place the good stuways, the name of dents? What is a top the game is exposure. firm? What is a great job? If you have someone “We discovered in who is willing, espeour meeting, happily, cially someone who that the people who has a relationship volunteered to parwith the employer ticipate in that disand can intervene cussion actually repand talk UB Law resented a large School up as an number of the possialumnus, that goes a bilities. One of them long way.” Gayton, with was the district attorHodgson Russ attorney of Erie County. DAC member Gary DeWaal, ‘80 One was a U.S. magney Robert Conklin istrate. One was sen’68, is heading a subcommittee of the Dean’s Advisory Counior partner of a very excellent litigation cil looking at such career services issues. boutique firm. One was a former partner He notes that the effort is in its infancy in two extraordinarily large firms in New and would benefit from the support of York City and is now a partner in a modother alumni in law firms, corporate posi- erately sized firm in New York that is a tions and public service agencies. growing semi-boutique organization. Two “We want to solicit people in firms other people, Brad and myself, are in big to consider students’ resumes even if they firms. Other than private employers, we are not committed to coming on camhad a lot of the bases covered.” pus,” Gayton says. “For those people “One of the things we talked about who have non-traditional careers inwas presenting to the entire DAC mechahouse or working in business, if there is nisms whereby representatives of the an opportunity to influence the firms they DAC can use their own contacts to exare working with to get them to consider pand the reach of the placement office. students, that would help a lot. They can It’s a question of penetrating the hard encourage the firm to step up, whether it places to get into.” is a non-firm clerkship or inside a corpoBut the effort, Conklin said, may 3 Purchase your Law School Yearbook today Only $25 Sponsored by the SBA pave the way for future job-seekers: “If we can put more Buffalo graduates in the extraordinarily well-known larger and out-ofBuffalo places, then in the next 10 years, that will make those places more likely to accept Buffalo resumes. We have an intermediate and long-range plan to not only place people for the sake of placement, but also so the next generation of hiring partners will be sympathetic to Buffalo students.” Increasing placement opportunities is not limited to alumni and staff. A new faculty advisory committee is in place to support efforts by the Career Services Office in three areas: large-firm and medium-size firm practice in new geographical areas; public interest; and judicial clerkships. Professor and vice dean Susan Vivian Mangold chairs the five-person faculty committee. She notes that, increasingly, those hiring for corporate attorney positions and judicial clerkships are looking for applicants with legal experience. That means, she says, the necessity to identify students with interest in such work, counseling them about the realities of entering the field, and keeping track of them so that when they have some experience, the placement process can begin. “There was never any faculty committee charged with making these collaborations happen,” Mangold says. “It was just Lisa asking us individually if we knew students who would fit particular jobs. This is an effort to enhance the services that the CSO can provide by using faculty resources and alumni resources in new ways.” And though the preponderance of UB call New York home, Mangold is convinced that “there is this hidden group of students that will consider seeking employment opportunities outside the state. We thought we could build up some databases and resources and connections and lines of communication in markets that we haven’t tapped before but we think have a lot of potential: Detroit, Pittsburgh, Cleveland, parts of New Jersey, parts of the Southeast.” — UB Newswire �April 2005 The Opinion Opinions & Commentary Round 2: Foreign Nationals on Death Row By Jenny Mills, ‘06 Loyal readers (all two of you) may remember a piece I wrote back in February dealing with the upcoming SCOTUS case, Medellin v. Dretke, Docket # 045928. That case, to be argued on March 28th, deals with whether the United States must apply the holdings of the World Court in Lagrand and Avena, which state that the US must give review and reconsideration to foreign nationals whose rights were adjudicated by the World Court. The basic idea was that the US signed and ratified the Vienna Convention which says that when a foreign national is arrested on foreign soil, parties to the treaty must inform the foreign national’s consul that they have been detained and must provide the foreign national consular assistance if they want it. The US failed to do so in any number of cases and there are currently fifty something Mexican nationals sitting on death row who were never provided with this assistance. They brought suit against the US in the World Court, under the Optional Protocol to the Vienna Convention, which says that the World Court will arbitrate any matters arising between nations over the provisions in the Convention. Since publishing the first article, much has happened with this case. On February 28th, in what many view as a preemptive strike, President Bush ordered state courts to provide the review and reconsideration mandated by the World Court. The Solicitor General simultaneously filed an amicus curiae brief on behalf of the US (in support of Texas –respondent in the case) in which they argue that cert should be withdrawn because of procedural issues involving whether or not a petitioner can be given a certificate of appeal (COA) on a claim arising from a treaty violation. However, procedural questions aside, the interesting part comes after the procedural nonsense is addressed. First, the SG argues that the president, not the courts, is the only entity, for lack of a better word, that can order the states to comply with the World Court’s decision, via an executive order, much like the aforementioned February 28th order. Next, Letter to the Editor Iraqi war restores our foreign credibility We are witnessing the first birth pangs of a new era in Middle Eastern history. Regardless of one’s opinion on the merits of the Iraqi invasion, there can be no doubt that the credibility behind American foreign policy has been restored. Consider, for example, the events in February following Iraq’s successful, free election: Calls for free elections in Egypt – the Arab world’s most populous nation; popular demonstrations on Lebanon's streets demanding that Syria remove its presence and allow the Lebanese people self determination; the Saudi Arabian government allowing local government elections for the first time. The Iraqi people have a long way to go before they will have built for themselves a stable, functioning democratic government. The road will be long, winding and fraught with peril. Such is the nature of any daring revolution. The American republic itself exists only through the blood, sweat, and sacrifice of men and women who understood that one may achieve no greater honor than death in pursuit of freedom. In General George S. Patton’s words, “It is foolish and wrong to mourn the men who died. Rather we should thank God that such men lived.” Any brash attempt at change risks failure, and indeed Iraq’s democratic experiment may fail. But, a wit once said, “He who dares wins.” It is hard to imagine a people who, for the sake of self rule, braved the very real threat of death and maiming at the hands of suicide bombers on January 30th, 2005, going down without a fight. For the moment, my money is on the Iraqi people. Stephen Wyder ‘07 spwyder@buffalo.edu the SG says that because we signed the Vienna Convention and the Optional Protocol, we must be bound by them and the states must give review and reconsideration to the 51 Mexican nationals involved in Avena. But it gets even crazier… On March 7th, Secretary of State Condoleeza Rice notified the UN that the US would be withdrawing from the Optional Protocol to the Vienna Convention. That means we refuse to let the World Court arbitrate these matters any more, even though historically, we were the driving force behind the creation of the Optional Protocol. However, it is unclear at this point whether or not the withdrawal will be immediately effective or if it will even be accepted by the UN. On the heels of this action, the petitioners filed leave for a stay so that they could pursue the matter in the state courts now that Bush has made an executive order demanding that the states comply with Avena. Then the SG sent a letter to SCOTUS saying that the US no longer is bound by any determination of the World Court. Then on March 15th, Texas filed a brief arguing that Medellin’s stay should not be granted and the Court should continue with its plan to hear arguments on the 28th. Texas is also claiming that the President does not have the authority to order states to comply with Avena. The Court acceded to Texas’ wishes and deferred any question on whether or not to grant a stay until after oral arguments on the 28th. Additionally, the Acting SG will now be participating in oral arguments, sharing time with the respondents. At this point it is anyone’s guess how this mess will turn out. What started as a fairly straightforward case regarding international law has now taken on many different other questions such as whether or not he president has constitutional authority to order state courts to reopen cases, whether the president or the courts can enforce treaties, whether we can arbitrarily withdraw from treaties just because we don’t like it when we’re forced to comply with them, etc. It seems fairly likely that after Want to write for The Opinion? Want to be an Editor, Columnist or sell ads? UB.Opinion@gmail.com Save the Date for the OUTlaw Annual Banquet Wednesday, April 27th at the Submit your letters to the editor at Hyatt Regency UB.Opinion@gmail.com Downtown, Buffalo 4 argument, the Court will simply dismiss the cert as having been improvidently granted and let the states duke it out themselves, which is exactly what the Bush administration wants, since that will confine the issue to only the 51 Mexicans on death row that were involved in Avena. This way the US can continue to violate the Vienna Convention and basically be immune from being forced to comply with it by the World Court. Score 1 for Bush and 0 for Justice and Fairness. Students of Color Annual Dinner Friday, April 8th The Marriott Hotel Amherst, New York Sponsored by: SBA, AALSA, BLSA, LALSA, SubBoard I, Dean’s Grant Novelist Salam Rushdie to speak at Alumni Arena nternationally acclaimed novelist and public intellectual Salman Rushdie will speak on April 28. The lecture is sponsored by the Graduate Student Association. Rushdie is perhaps best known as the author of "Midnight's Children" and "The Satanic Verses." The latter novel was deemed sacrilegious by Iran's Ayatollah Khomeni, who in 1989 issued a fatwa calling on zealous Muslims to execute the writer -- who was forced into hiding -- and the publishers of the book. Rushdie went on to produce some of his most compelling work, including "The Moor's Last Sigh" and "The Ground Beneath Her Feet," while living in exile under the constant threat of death. His most recent book, "Step Across This Line: Collected Non-Fiction, 1992-2002," explores his own reaction to the fatwa, as well as reactions of the media and various governments. In most of his works, Rushdie draws on his unique upbringing and personal history to make bold statements about modern life. An astute and informed observer of events in the Middle East, Southeast Asia and other hotspots, Rushdie argues that America and its allies must do a better job of evaluating the gains being made by the current "war" on terror, versus its costs -- in lives, international cooperation and the goodwill of the very people who the effort is designed to liberate. Rushdie's answer to the question of how to create a safe world that isn't in some way also an authoritarian world is that we must not allow ourselves to be frightened out of our own morality. Rushdie is an honorary professor in the humanities at the Massachusetts Institute of Technology and a fellow of the Royal Society of Literature. He attended Cambridge College, where he studied history. Tickets are available at Tickets.com and the Alumni Arena Box Office. —UB Newswire �The Opinion April 2005 ThePoliticsofMilitaryRecruitingonCampus: A Look at the Solomon Amendment Continued from p. 2 The politics that helped inspire the Solomon Amendment date back more than a decade. Unable to make good on a campaign promise to remove the ban on gays in the military after Congress put a temporary moratorium on alterations to armed services policy, President Bill Clinton proposed the controversial compromise of “don’t ask, don’t tell.” Officers do not ask about sexual orientation and no member of the armed services is supposed to broadcast his sexuality. However, if a gay individual breaks the omerta he is subject to dismissal. The matter is especially exacerbated in the wake of the war in Iraq. Last December the New York Times reported that, “the military has announced the recall of 5,674 veterans since June, but has discharged 6,416 soldiers under its ''don't ask, don't tell'' policy since 1998, including 1,655 since the wars in the Middle East began. Although he disagrees with the military’s policy on gays, third year law student Steve Trynosky, a former Army Health Professions Recruiter believes that the underlying issue in the latest round of court challenges is not “don’t ask, don’t tell,” but Iraq. “Law Schools, since Vietnam, have been uncomfortable with a military presence in any capacity. ‘Don’t ask, don’t tell’ merely poses the only legally or morally plausible argument for them to challenge the military in this era. Were ‘don’t ask, don’t tell’ struck down or repealed, I truly believe that many law school administrators would still seek a different rationale for challenging JAG recruitment.” He points out that the current war and the critical personnel shortages the military faces are exactly why recruiters should be welcomed on campus. “It is essential that we have young leaders and officers of conscience and character serving in these situations. Liberally educated and humane lawyers are precisely who we should want dispensing legal counsel, conducting military tribunals and interpreting the Geneva and Hague conventions when targeting decisions are made,” he says. Young JAG attorneys, many only a year out of law school, do all of this and more. A young Army JAG Captain is quite literally "the public face of the rule of law" for combat brigades of over 3,000 soldiers in Iraq.” While many law schools, including Harvard who has a long and contentious relationship with the military, have applauded the recent decisions, reactions are mixed. The Court’s ruling does not require a school to ban recruiters but they may choose to. Senior Judge William M. Acker of the Northern District of Alabama, recently sent a letter to the school stating that he would not be hiring Yale law students as clerks due to new policy. The school’s web site attempts to clarify the controversy by saying that Yale does not ban recruiters, it simply chooses not to directly assist them. A student may meet with military officials on school grounds, but must make the arrangements themselves. “I think Yale's reasoning and intent is commendable. If Yale can ban recruiters, I'm certain it won't be too long before other schools follow suit, the current difficulty the military is having in recruiting will probably result in recruiters signing the non-discrimination pledge, and the military removing its don't ask don't tell policy,” says James Greenway, president of UB’s Veterans’ Fraternity. Past UB law school deans have enforced different views on the matter. In 1988 then Dean David B. Filvaroff banned military recruiters from the school, a year later then-UB President Steven B. Sample overruled him. But in 1993, a Manhattan Supreme Court Judge found an executive order by former governor Mario Cuomo which prohibited discrimination by executive branch agencies on the basis of sexual orientation, applied to universities. By choosing not to appeal the decision, NY State effectively Continued on page 8 Passing Fancy: UB grads achieve higher passing rate on the state bar exam n increase in the rate at which new graduates of UB Law School succeed on the NY State Bar Exam has instructors, administrators and students celebrating. In July, among UB graduates taking the bar exam for the first time, 80.2 percent passed. That rate, about 3 points above the state average, was up 7 points from the previous mark for UB grads. Dean Saran, works with students to ensure bar passage. She cited several factors for the welcome increase, including the strong academic credentials of UB Law students. During the spring semester, she said, 3Ls are offered a free six-session barpreparation course by BAR/BRI. The course reviews the scope of the two-day exam and addresses essay writing and substantive topics. “What we try to impress on them,” whether candidates have the knowledge, Saran said, “is that you have skills and abilities that they to take it seriously; you need need for entry-level practo study. If you do all these tice,” Bosse said. “The inthings, you won’t have to be crease in the bar passage back in February. I impress rate at UB indicates that UB on them that you only want Law graduates are better to do this once.” prepared to enter the pracFor those who do not tice of law, and that is very succeed on their first try, she significant. said, “you have to wait six “It means that everybody months to take it again; you there is doing a better job, could lose a job offer; your and they have achieved this loans come due. It is a very result while maintaining difficult situation.” UB’s commitment to having Diane F. Bosse ’76 a diverse student body. They views the test results from are not just passing the bar Bosse ‘76 her standpoint as chair of the exam in better numbers, but state Board of Law Examiners. She is also they are better prepared to practice. I am a trustee of the National Conference of Bar proud of what UB Law has done.” Examiners. Bosse speaks at the Law School to “The bar exam is designed to measure prospective exam-takers, to try to demys- tify what seems like a daunting ordeal. “I try to tell them a little about the basics of the bar exam so they understand what it looks like, what it is, what the questions are based on,” she said. “Things like understanding the structure of the essays and the importance of reading closely and answering the question, and not volunteering a lot of extraneous information, as well as how we grade the exam. “There is so much hype and myth that surrounds the New York bar exam,” Bosse said. “Calming people down is a big issue. These are people who have been successful in their lives, and they should not be deterred by a lot of the hype that surrounds the New York bar exam. It is a test, but law students are used to taking tests.” — UB Newswire Jay-Z or 50 Cent: Comparing Today with Yesterday By Rick Johnson, ‘07 hen 50 Cent hit the hiphop scene, his first hit “dissed” many other hiphop stars, including JayZ, in the hit song “The Mad Rapper.” Jay-Z came back and said in his song, “It’s Hot”: “I’m about a dollar, what f*** is 50 Cents.” I am sorry, I don’t mean to cuss, but as a journalist I feel it is important to give an accurate account of what a person has said. Before Jay-Z had “beef” with 50, or Tupac had beef with Biggy, Booker T. Washington and W.E.B. Dubois had beef. Washington was the leader of the more conservative blacks and DuBois the leader of the more radical blacks. According to my Research and Writing professor, you should never cite solely to secondary authority, but secondary authority can be good to look at first because it can relate you back to the primary authority. Maybe law school is making me over analytical but I want to point out that the radicals and conservatives are at it again. When Jay-Z said “I’m about a dollar” he was saying what Booker T. Washington said nearly a century ago, that blacks can have more than 50 Cents. According to W.E.B. DuBois’ “The Souls of Black Folk,” “easily the most striking thing in the history of the American Negro since 1876 is the ascendancy of Mr. Booker T. Washington.” DuBois ac- knowledged much of Washington’s success of wining sympathy from whites through his program of Industrial Education, Thrift, conciliation and silence to the southern whites. Booker T. Washington would follow Frederick Douglass in becoming the next leader of the American Negroes. In Booker T. Washington’s book, “Up From Slavery,” he wrote, “I said that any individual who learned to do something better than anybody else. Who learns to do a common daily task in an uncommon manner, has solved his problem, regardless of the colour of his skin, and that in the proportion as the Negro learned to produce what other people wanted and must have, in the same proportion would he be respected.” Booker T. was much more optimistic than DuBois, but surprisingly DuBois early on in his career agreed with much of Booker T. Washington’s philosophy. DuBois wrote in his Pride and Prejudice speech, “There is in this world, no such force as the force of a man determined to rise.” However, DuBois would become the leader of the more radical Negro establishment starting with his classic book, “The Souls of Black Folk.” In the book he writes that, “in this American world, a world that yields him no true selfconsciousness, but only lets him see himself through the revelation of the other world.” I must admit, that if I had a 5 choice to dine with either Washington or DuBois, I would probably pick DuBois, yet I believe many of Washington’s philosophies are still relevant to today’s world. If this is really such a racist society, people of color should think about not relying upon whites to solve their problems. Booker T. Washington’s doctrine was not as simple as pulling yourself up from your bootstraps, he often showed sympathy for the Negro. As in “Up From Slavery,” Washington wrote, “The world should not judge pass judgment upon the Negro, too critically or too harshly. The Negro boy has obstacles, discouragements, and temptations to battle with that are little known to those not situated as he is. When a white boy undertakes a task, it is taken for granted that he will succeed. On the other hand, the Negro youth starts out with the presumption against him.” W.E.B. DuBois concurred many times with Washington as DuBois said, “The Negro is given charity, but what he really needs is justice.” He also stated, “the Negro has nothing but friends, most of which are ready to lynch his soul.” In actuality both DuBois’ and Washington’s philosophies can be used to solve many of the Negro’s problems today. Booker T. Washington said blacks could have more than 50 cents by developing a self-reliance, a self-sufficiently. DuBois was a tireless black intellectual who re- minded blacks of the there greatness. In his book “Darkwater” he stated, “Especially do I believe in the Negro: in the beauty of his genius, the sweetness of his soul, he the strength in that meekness which shall yet inherit this turbulent earth.” Maybe law school is making me too analytical but Jay-Z’s life is quite similar to Booker T. Washington’s life. Jay-Z grew up poor in the projects, as explained in one of his hit tunes, “Hard knock life,” to become one of the most popular rappers in America. Jay-Z’s creation of Rock-a-fella Records, along with his album Blue-Print, is an excellent example of an entrepreneurship and Washington’s economic philosophy for black Americans. Washington had a hard knock life as well. He had to overcome slavery, struggle to find an education, handle the racism in the post reconstruction era where he faced the “Ku Klux” along with the harsh southern prejudice. Yet, Washington managed to start the Tuskegee school of agriculture for African Americans and become the greatest spokesperson for the Negro cause in America. At one point in Booker T. Washington’s life he talks about what he did with only 50-Cents, “I reached Hampton, with a surplus of exactly fifty cents with which to begin my education.” African Americans must realize that even if you start with just fifty-cents, even in this racist society, eventually if you are careful, work hard and you can have more than fifty cents. — Contact Rick Johnson at dj6@buffalo.edu �The Opinion April 2005 Faculty Spotlight Professor Mangold: Deanforacademicaffairsischildren’sadvocate,scholar&teacher rofessor Susan Vivian Mangold, UB Law School’s new vice dean for academic affairs, says of her administrative responsibilities: “This is an exciting time. Vice Dean Peter Pitegoff worked with Vice Dean Dianne Avery to establish a template for the job. Because the curriculum is dynamic, it is always a challenge. But the registrar, Karen Cowart, and the dean for student affairs, Melinda Saran, do such a fantastic job, I am looking forward to working with them and Dean Olsen on our academic program.” Mangold has managed to think creatively and work effectively with a team in the past. As a children’s advocate, scholar and teacher, she continues to pack plenty into her daily 24 hours. As vice dean, she will carry a reduced teaching load, though she still will teach the first-year Civil Procedure class and a course on Child Welfare Law, and will team-teach the Family Law Colloquium course. The administrative position has responsibility for operation of the Law School’s curriculum, including leading faculty planning and hiring adjunct professors and the practitioners who teach the school’s “bridge” courses. “I am in the fortunate position of walking in here with an excellent dean. We have happy students, alumni who are supportive and energized, and a good reputation in the community and among other law schools,” she says. at the Juvenile Law Center and taught as Besides her teaching, she will conan adjunct at Haverford College. But her tinue with scholarly research and writinterest in the welfare of children began ing. One project, drawing on her longmuch earlier, when she time interest in chilwas a student at Hardren’s welfare, looks at vard College and was amendments to child looking for a summer abuse reporting laws in job. She had volunall 50 states in the wake teered for the Big of the sex abuse scandals Brothers/Big Sisters that have swept the program in Cambridge Catholic Church. during the school year, Another project starts an exciting coland got to know a laboration for the Law number of the kids School. Working with who lived in a nearby oncologist Dr. Kerry J. housing project called Rodabaugh at Roswell Roosevelt Towers. Park Cancer Institute, One summer the pool at Roosevelt Towers Mangold is applying for was closed, so Mana five-year National Institutes of Health grant gold and another stuto study whether providdent asked Harvard for ing end-of-life legal work-study money to Professor Susan V. Mangold services to people with reopen the pool and run a recreation program for the kids. The uniterminal illnesses will improve the qualversity liked the idea, but asked, could it be ity of life in their remaining time, and improve their families’ lives as well. A expanded? So expand it they did, to four pilot study of 50 patients and their famicounselors and a program that included lies, she says, found more than 30 areas taking vanloads of kids camping, as well as of unmet need. school supplies and art supplies. The second summer, they expanded the program to “Our hope is that we can have stuthree housing projects. dents in UB Law’s advanced mediation program work with the families of these Soon, Mangold was hired to open a patients,” Mangold says. “We are the girls club in Holyoke, Mass., where she ran only law school and cancer institute a day camp and came into contact with working together.” children needing “protective day care” – Mangold came to Buffalo in 1992 care for foster children and others needing a secure system to regulate who was alfrom Philadelphia, where she practiced Forum Shopping Ends for ClassAction Suits By Justin Nifong, 07 fter receiving strong majority support in the House and Senate, President Bush signed the Class Action Fairness Act on February 18th, marking the first significant legislative tort gains drummed up by Republicans for the better part of a decade. The Act moves class action suits to Federal Courts whenever the amount in controversy exceeds five million dollars. Advocates of the Act say that this will curb forum shopping and provide more reasonable jury verdicts for class action defendants. In recent years, several jurisdictions had become favorites of trial lawyers eager to move class action suits to where a favorable verdict could be obtained. Termed “hell hole” jurisdictions, some had seen exponential increases in the quantity of class action suits filed. One such example, Madison County, Ill. saw the number of class action suits filed rise from just three in 1998 to 106 in 2003. Supporters of the bill believe that the Federal Court system is more predictable and consistent in regards to jury verdicts, and that large companies were forced into unfair settlements when faced with a day in Court in one of the “hell hole” jurisdictions.1 Advocates also contend that injured consumers will actually be more justly compensated under this Act, because it reduces the use of widely criticized coupon settlements. Under the coupon system, consumers would walk away with coupons for future purchases while attorneys still collected large fees. The new Act only allows an attorney to collect on the number of coupons actually re- deemed. Advocates believe this will result in more financial based settlements in lieu of the popular coupons. Id. Opponents of the Act claim that the legislation is another payback to big business at the expense of injured consumers. They contend that this will cause many cases to never be heard and gives the large companies an upper hand in the litigation process. Referred to as the “Vioxx protection bill” by Rep. Jay Inslee, a Washington state Democrat, the Act will move large future cases involving the dangerous drug to the Federal Courts. However, the Act does not affect previously filed class action suits such as Asbestos and some Vioxx suits. How this will affect future class action suits, specifically those aimed at the drug industry, is uncertain. With celebrex, adderall, and bextra litigation possibly approaching, the question should be answered sooner rather than later. Id. The Act figures to be the first of many proposals aimed at reforming the current tort system. Look for future proposals aimed at placing a cap on non-economic damages and a sliding scale for attorney’s fees. The next year and a half of congressional activity may forever shape the tort system utilized in this country, and the results are unclear as to how consumer’s rights, the economy and lawyer’s futures will be impacted. 1. John Harris, Victory For Bush On Suits. WASH. POST, Feb. 18, 2005 6 lowed to pick them up. She dealt with lawyers, social workers and all aspects of the child protective system. “I saw it all,” Mangold recalls. “I realized how much needed to be done for these kids. That was what made me ultimately decide to go to law school and become a child advocate.” At Harvard Law School, she served as executive director of the Harvard Legal Aid Bureau and co-founded the Children’s Rights Project. From there, she went to Philadelphia, and then to Buffalo. Amid the scholarly work and now administrative responsibilities, the memories of those formative years with a crowd of children remain vivid. Mangold recalls a night of camping in the New Hampshire woods with her charges, when a bear wandered through their campsite. “These tough kids were scared beyond belief,” she says. “It changed their points of reference.” In the programs she developed, “I loved working with 500 kids at a time,” she says. “I just thrived on that energy.” She takes on this new challenge with that same level of anticipation and looks to the alumni, fellow faculty and students to continue to provide the positive energy to make this new position a welcome challenge. — UB Newswire UB.Opinion@gmail.com Student Bar Association Executive Board Elections April 12th & 13th President • Vice President • Treasurer • Parliamentarian For more information and Election rules visit www.ubsba.com �The Opinion April 2005 The Party of Limited Government and States Rights By Justin Whittaker, ‘06 ne of the great lies of American politics involves the assertion that the Republican Party is the party of limited government, and does not seek to legislate every aspect of the private lives of individual Americans. We see the fallacy of this assertion whenever women’s reproductive health and stem cell research are at issue; when sex-education is taught in public schools; and when homosexual couples seek to enjoy the same legal status as heterosexual couples. When it comes to matters of perceived “morality,” Republican lawmakers feel perfectly comfortable substituting their ideology for the judgment of duly authorized courts of law in a position to examine evidence and to make a legal determination based on the preponderance of that evidence. Congressional Republicans have recently demonstrated the “small government” fallacy, injecting political hackery into the heart-wrenching scenario playing out in Florida, concerning Terry Schiavo’s right to make her own private medical decisions. On March 20, Congress passed into law an Act specifically targeting Schiavo and the apparent right of her parents to challenge her wish to be taken off of a feeding tube in federal court. President Bush rushed back from his Easter vacation to Washington to sign the bill into law in the early morning of March 21. The White House has denied charges of political grandstanding in the face of the obvious desertion of the GOP’s firm stance on states’ rights, in exchange for political expediency. The Act states in Section 1 that: “The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.” Furthermore, Section 2 provides that: “Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act . . . . In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings.” Essentially, the bill grants legal standing to Schiavo’s parents to bring suit in the Federal District Court in Tampa, despite the fact that her husband is Schiavo’s legal guardian and power of attorney - facts recognized by the State of Florida. And despite the fact that the federal courts have decided that (a) there is no federal question here, as this is clearly a state matter and always has been; (b) Schiavo has received ample “substantive” due process concerning her “life” interest under the 14th Amendment; and (c) that Schiavo’s parents do not have legal standing to bring suit in federal court. The Second District Court of Appeal of Florida stated specifically that the Florida Constitution prohibits one branch of government from exercising the powers of any other branch. In striking down “Terri’s Law,” which sought to prevent Schiavo’s husband from carrying out her wishes in 2003, the court wrote that “the law, as applied in this case, resulted in an executive order that effectively reversed a properly rendered final judgment and thereby constituted an unconstitutional encroachment on the power that has been reserved for the independent judiciary.” Schindler v. Schiavo, 851 So. 2d 182 (Fla. Dist. Ct. App. 2d Dist., 2003). Under traditional notions of federalism and separation of powers, detailed in Madison’s Federalist #48 and Art. III:2 of the Florida State Constitution, the word of the Florida Supreme Court should be dispositive of this point of controversy. However, Congress, in its infinite wisdom, has seen fit to unconstitutionally reopen the dispute, duly adjudicated under Florida law, by granting jurisdiction to the District Court to hear the complaint by Schiavo’s parents who wish to keep her “alive.” It has done so, despite Schiavo’s total lack of cognitive functions, and despite the fact that a number of neurological experts agree that she will never recover from her “persistent vegetative state.” Arguably the Act is in contravention of Article I, section 9 of the United States Constitution, which prohibits the passage of bills of attainder - bills that specifically punish an individual citizen without due process of law. Although it is not entirely clear that the bill is one of attainder in the technical sense because there is no criminal punishment involved, the Act purports to strip Schiavo of her right to make private medical decisions for herself – a right which has been upheld by state courts in Florida. Even if the Act does not represent a bill of attainder, it is clearly an egregious abuse of Congressional power, entirely antithetical to our fundamental understanding of separation of powers, despite the assertions of avowed moralist, and potential felon Rep. Tom DeLay of Texas. DeLay, who has been hiding from cameras ever since further evidence of his criminal “fun-raising” impropriety has come to light, could not get enough face time on television during the days preceding the passage of the Act. According to the AP, DeLay stated on March 19 that “we should investigate every avenue before we take the life of a living human being, [and] that’s the very least we can do for her,” despite Schiavo’s wishes and the decisions of the presiding Courts in Florida which literally have been investigating every avenue for ten years. DeLay said that would likely mean restoration of the feeding tube "for as long as this appeal endures." DeLay and congressional Republicans are using the tragedy of the Schiavo situation to further politicize and legislate their version of morality in the most cynical and hypocritical of ways. While this is not surprising, as the practice is a familiar mainstay of Republican policy-making, it is particularly reprehensible in the present situation, where the pawn is a woman who can no longer speak for herself, and whose husband has fought for over a decade to carry out her final wishes to not “live” an undignified “life” hooked up to a litany of machines. As further evidence of GOP grandstanding, The Washington Post uncovered a one page GOP memorandum on March 20, which was circulated to Republican lawmakers by party leaders. The memo called the debate over Schiavo legislation "a great political issue that would appeal to the party's base of Christian conservatives.” The memo further states that "this is an important moral issue, and the prolife base will be excited that [Congress] is debating it. This is a great political issue . . . because this is a tough for Democrats." No doubt we will hear the cries from Republicans in the coming days that Democrats, liberals, et al want to kill Terri Schiavo, and seek to prevent her life from being saved. Fortunately the American public recognizes how out of step Congress is on this issue. On March 21 ABC released its poll of 501 adults, which found that “about two-thirds of those polled said the political leaders who are trying to keep Schiavo alive are more concerned with using her case for political advantage than with her or the principles involved in keeping her alive.” These findings confirm a Fox News poll from June of 2004. The District Court Judge in Tampa heard oral arguments on March 21 and issued its opinion the next day, stating that Schiavo’s parents did not establish that they had a substantial likelihood of success on the merits of their case. Judge Whittmore wrote that Schaivo’s “life and liberty interests” had been protected by Florida courts. Despite "these difficult and timestrained circumstances,” he wrote, “this court is constrained to apply the law to the issues before it.” — Justin Whittaker is a 2L and can be reached at pysch_rock@yahoo.com. Law School Horoscopes— Horoscopes—By Tracey Stephen ‘06 ARIES (March 20 - April 19): The emphasis of your life shifts as you now respond and focus on the most immediate issues facing you. You are eager to leap before you look. Curb your impatience. If you act too soon you can throw off the “vibe” before it has time to mature. Contemplate your choices as you decide on a summer job and location, but wait for the momentum to build over this month before leaping. TAURUS (April 20 - May 20): It's best to build onto whatever you started last month instead of getting yourself involved in a new project this late in the semester. Your mind is running in circles now, but each time you think something through, you can make it into something bigger and stronger. If you let your thought-bubbles become too overextended, it will surely pop. GEMINI (May 21 - June 20): If you're attached, you might want to pay some very special attention to your significant other for the next couple of weeks. In particular, be sure to pay more attention to your sweetie than you do to anyone they're less than confident around. This could be a good month for a bit of jealousy to rear its ugly little head, even if you're not responsible for it. Does this mean you can avoid the green-eyed monster entirely? Probably not -- but you can definitely stop it in its tracks. CANCER (June 21 - July 22): It may be difficult this month to live your life on the schedule you'd prefer, for the hectic demands of studying and working require you to make some changes. There's no reason to hold on to your own stringent patterns this month; just because you have always done something one way does not make it the only way that is can be done. This new found flexibility will demonstrate your willingness to work on a team or in a study group, and therefore you will achieve further along in the semester. LEO (July 23 - August 22): A subtle undercurrent of unexpressed emotions continues to create disturbances in your life -- but it's difficult to get to the source of the problem. The harder you try to figure out what's really going on, the more hidden it becomes. There are times to dig beneath the surface, but not now. This month, it's probably better to just leave the unseen alone. For best results, keep your attention on what's visibly apparent. VIRGO (August 23 - September 22): Stop letting your pessimistic thoughts override your tendency to succeed. Even though you may feel as though you reached a valley in your life, your negative thoughts may be the only thing that are holding you back. Take a deep breath and try to focus on the positive; even if you are at a low there is only one place to go from there. 7 LIBRA (September 23 - October 22): Still thinking about traveling before the semester ends? Well, the moment has come to stop contemplating and start planning. Even though there is not a long break coming, there's no better time for you to take a weekend and relax. Just be sure to make all your arrangements before the end of the month. The end of the month is classically not a great time to make plans for your sign -if you want them to go off without a hitch, that is. CAPRICORN (Dec. 22 - Jan. 19): Right around the middle of the month, the urge to connect with someone on a very deep level will cross your mind -- and your heart. You already have someone in mind, but your atmosphere may have other plans for you. Stay open to new possibilities, and don't turn down any offers to be introduced to someone new. You never know. This opportunity might just be different. SCORPIO (Oct. 23 - November 22): You've done nothing but work, worry and take care of business for days. So why not give yourself a night off? You've certainly had an array of offers, and some of them were quite appealing. Stop trying to resist, and pick the one that most strikes your fancy. You know what they say about all work and no play? That applies to all worry and no play, too. Time to chill out. AQUARIUS (Jan. 20 - Feb. 18): It is difficult for you to keep your mouth shut this month at bar nights, and in the general law school scene; whatever you think will easily slip through your lips. The problem is that even though this bluntness can be called honesty you will need to deal with the ramifications of what you say, and this can bring up some serious issues in the future. In the alternative do not worry too much about what has not yet happened. It will be better to have things out in the open than tucked away in the secret corners of your heart. SAGITTARIUS (Nov. 22 - Dec. 21): Your constant need for action could distract you from the focusing on present relationships and problems. Focus on finding the top priorities in your life and make a genuine effort to ensure that they get done. Remember the saying ‘the early bird gets the worm;’ this semester if you procrastinate too long you may be faced with unfavorable outcomes. PISCES (Feb. 19 - March 19): The noise of your own thinking can make you a bit crazy this month as you get into the midst of the semester, but don't let your own attempts at rationalizing pull you in the wrong direction. Logic may many times steer us in the right direction, but now it will only undermine your potential. Listen to your thoughts, but not rely on them too much. Trust your intuition and it will get you through the semester. �The Opinion April 2005 Top 10 things I learned as a FirstYear By Caroline Brancatella, ‘07 1. LSAT scores no longer count. Admissions committees cared a lot. No one else does. Whether they were good or bad it’s time to drop it. 2. Classes are overrated, exams not so much. While attending and paying close attention to each and every class is highly recommended, it’s the exam that counts. Class will make you a better lawyer, exams will get you a better job. Aiming for both is best. 3. To speak or not to speak is the real question. People talk in class for many reasons. To preempt being called on, to listen to the melodious sound of their own voice, and occasionally because they know the answer. Some people figure they’ll speak up only after they take the bar. Everyone knows what category they fall into, but every now and then we should all try a new one. 4. SAT vocabulary words will not help in “Research and Writing.” You can write fabulous multi-clause sentences peppered with adjectives like “loquacious” and “serendipitous.” This will not improve your research and writing grade. Back to basics gets the job done. 5. The Supreme Court Justices are smarter than you. All of them. You think Scalia is a bigoted religious nut, Ginsburg is a bleeding heart FemiNazi, and O’Connor is a flipflopping traitor to both her conservative roots and the women she blazed a trail for. But they’re Supreme Court Justices and you’re not. Both sides make a better case than you do. 6. It’s like high school, but not. 8 a.m. classes you didn’t choose that are always with the same people, many of whom are “hanging out” with each other during non-class time. Definitely like high school. Grades that actually affect future employment. Definitely not. 7. Drinking is encouraged. Did you help edit something? Bar night. Did you attend an organizational meeting? Bar night. Are you on an e-mail listserve? Bar night. Free or very cheap drinks seem to be a law student’s birthright, and who are we to refuse? This is Buffalo, NY which supposedly has more bars per capita than any city in the nation. Eat, (emphasis on) drink and be merry. 8. Your political opinion doesn’t matter. Unless you want to start a club. Class is time to prove bipartisan skills, extra -curricular activities are meant for wearing your politics on your sleeve. Pro or anti something? There’s probably a group for it. If not, no worries -- just start your own. This won’t help your grades, but it will look great on a resume. Unless of course your potential employer is pro or anti the thing you’re anti or pro. But in that case you would- n’t want to work for them anyway, right? 9. Study Carrels are worth fighting for. The early bird catches the good study carrel -- and as a bonus probably gets a good parking space, too. Socialization is for underachievers. The best way to learn is to lock yourself in a 4x5 cell with only a porthole to view the outside world. They’re also a good place to stash random belongings, in case your locker (or your car) is too far away. 10. Dissenters are losers. In an effort at euphemism, the legal system uses the words “majority” and “minority” to replace “winner” and “loser” -- apparently to avoid making the blind eyes of justice sound too much like a football game. The dissent may be eloquent, emotional, perhaps even more legally sound. No matter, the majority wins and learning their side of the story is what will help you become a winner, too. Michael Eric Dyson to Keynote MLK Commemoration Scholar and best-selling author Michael Eric Dyson will be keynote speaker for the 29th Annual Martin Luther King Jr. Commemoration Event to be held on April 7 in the Center for the Arts on the UB North (Amherst) Campus. Lecture sponsor is the UB Minority Faculty and Staff Association. Dyson is Avalon Foundation Professor in the Humanities and professor of religious studies and Africana studies at the University of Pennsylvania. Named by Essence magazine as one of the nation's "50 most inspiring African Americans," he has been described by the Philadelphia Inquirer as "a major American thinker and cultural critic." Dyson has written 10 books in 10 years, ranging from works on cultural criticism, race theory and religious thought to philosophical reflection and gender, and sexual studies. He also has written four books on "biocriticism" -- works that use biography to probe social themes and cultural politics. These include a book ranked by Black Issues Book Review as one of the outstanding black books of the 20th century and a national bestseller, "I May Not Get There With You: The True Martin Luther King, Jr.," and "Holler If You Hear Me: Searching for Tupac Shakur," his best-selling treatment of the slain rapper and icon. Dyson also has published "The Michael Eric Dyson Reader" and "Why I Love Black Women," a national bestseller that won the 2004 NAACP Image Award for outstanding nonfiction literary work. Dyson is an ordained Baptist minister, radio commentator for NPR's "Tavis Smiley Show," contributing writer for Philadelphia Magazine and frequent guest on the nation's leading cultural and political television shows. Before all of his success, the former church pastor was a teen father on welfare in his native Detroit who worked in several factories before starting college at 21. Tickets for Eric Michael Dyson will be available through TicketMaster and the UB Center for the Arts Box Office. — UB Newswire The Politics of JAG Military Recruiting at Law Schools Who: Medical School/ Law School “Mixer” sponsored by the SBA & Medical Polity When: April 1 at Pearl Street Bar & Grill Scoop: Great chance to meet professional students, who knows, one day you may sue them! Who: SBA Casino Night When: April 5th at the Seneca Niagara Casino Scoop: Leave your credit and ATM cards at home for this one, don’t spend too much! Who: Students of Color Dinner When: Friday, April 8 at the Marriott Hotel in Amherst Scoop: One of the premier events at the law school, wouldn't miss it and neither should you! Who: NYS Court of Appeals Come to Buffalo! When: April 14th, Downtown Buffalo, more details to come soon! Scoop: This is a great chance to watch the highest court in New York right here in Buffalo. Who: Barristers Ball 2005 When: Saturday, April 16th at The Statler Hotel, Buffalo Scoop: How can you miss the Law School prom? Be there or be square. Who: Karaoke Night with the Student Bar Association When: April 22nd at Kings Court, 9pm (Delaware Avenue, Downtown Buffalo) Scoop: Who could miss a Karaoke night? Good blackmail content. Who: OUTlaw Annual Dinner When: April 27th at the Hyatt Regency at 6:30pm in Downtown Buffalo. Scoop: This is a great annual event sponsored by the SBA, don’t miss it! Who: Decompression When: May 19th, the last day of finals. Location to be announced soon! Scoop: Ummm. This will be the best party of the year. No questions. 8 Continued from page 5 banned military recruiters. A1996 order by newly elected Governor George Pataki in the wake of Solomon brought the policy to its current status. Asked about UB’s 2005 policy Dean Nils Olsen says, “We let them [military recruiters’] come in and interview. While I certainly agree with the AALS notice of nondiscrimination in general, the school is also very careful to comply with the law. We are a single community who wants to accommodate all of its students.” He continues, “It may become a student issue, I can’t really say. It’s certainly an area of ongoing concern. I would be careful about relying on a preliminary injunction for anything or the Third Circuit, especially since the school lies in the Second Circuit.” Decompression Coming Soon to a bar near you! May 19th Tell your Class Director where you want it this year! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-04 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/2005 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 6 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a15207a760fa4843946d52adff99ef84.pdf e788560c719990cd07094718b9c5dd7d PDF Text Text THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 Vol. 43, Issue 7 The Student Newspaper of the University at Buffalo Law School May 2005 Crawford wins tight race for president Almonte moving forward, already thinking about Class Director reelection By Brian Langenfeld, ‘05 yan Crawford, ’06 was elected as the next Student Bar Association president on April 13th. Crawford served for one year as a 2L Class Director and is involved with a number of SBA student groups including the Prosecutors Club, College Republicans and the Buffalo Public Interest Law Journal to name a few. On April 12th and 13th, the Student Bar Association held its annual Executive Board Elections for president, vice president, treasurer and parliamentarian. Class Director elections are held each fall. Crawford defeated popular first year student Jason Joaquin Almonte in one of the closest elections in recent SBA history. Almonte has since made clear that he intends to remain involved with the Student Bar Association next year as a 2L Class Director and was satisfied with his hard fought campaign. In recent years, SBA elections drew minimal Ryan Crawford, ‘06 participation and voter SBA President-elect turnout was low, however the 2005 election defied past precedents and was filled with excitement as a candidates from both first year and second year classes vied for the top spot being vacated this summer by current president Mike Mann, ‘06. The vice presidential race was equally as hot as the presidential race with 2L John Gerken defeating 1L Jacia Smith. Both Gerken and Smith served as Class Directors during the school year. In this year’s election, only the office of president and vice president was contested, 1L Trisha Kirsch ran unopposed for treasurer and 2L Devon Runyan ran unopposed for parliamentarian. The contested election brought over 370 law students to the polls, casting their votes on the future leadership of the student body. Last year’s election only saw a contested race for president, with numerous write-in campaigns for down ballot positions. SBA president Mike Mann was very excited to see such a contested election and wished the new executive board well. “I want to congratulate all of the newly elected officers [President Ryan Crawford, Vice President John Gerken, Treasurer Trisha Kirsch, and Parliamentarian Devon Runyan]...each have proven themselves at UB Law to be effective and outstanding leaders,” said Mann. Mann also hopes that Almonte and Smith continue to be involved with the SBA and the law school. “Joaquin [Almonte] and Jacia [Smith] are bright stars in this law school, I am confident that this will not be the last we hear of them, I think they will have a lot of support if they run again next spring.” The newly elected officers will assume responsibility of the Student Bar Association after final exams, but have already begun to plan next year’s SBA budget with the outgoing officers and Class Directors. Table of Authorities Opinions & Commentary . . . p. 4 The Year in Photos . . . . . . . p. 5 Summer in Buffalo . . . . . . . p. 10 The Docket . . . . . . . . . . . . p. 12 A Class Act: Barrister’s Ball 2005 Law School “prom” was April’s hottest ticket By Mike Nisengard, ‘07 comed with cocktails and appetizers. The chicken hock and awe” came to UB Law School on quesadillas and grilled shrimp were popular favorites. April 11th when word spread that the BarrisA very satisfying dinner and awards presenters’ Ball was sold out. Many law students tation followed, where the Student Bar Association for assumed there was no imminent need to purthe first time recognized outstanding students and chase tickets, and reassured themselves with recent student organizations. After the cheesecake was history – nobody could remember the last time the Barserved, law students quickly got up to “get on down,” rister’s Ball had sold out. crowding the dance floor swinging and swaying to the But on April 11th at 3:00 P.M. it was announced via email that the Law School “prom” had funky rhythms and soul bopping beats of some of tosold out. Barrister’s Balls day’s hottest dance hits. of years past never had People had their “freak attendance of more than on” and their 230 guests. But this year, “schwerves” in high last day ticket sales exgear, and the party ceeded 150 and pushed rocked past midnight, figuratively tearing the the party to its capacity of roof off and burning the 350 guests, requiring house down (perhaps a event coordinators to repoor choice of words plenish their ticket stock given the last month at twice in the final day of UB). sales. Needless to say, great Students still times were had by all, waiting to purchase tickand Lauren Tamparo ets were understandably upset to hear that they 2004-05 SBA Executive Board distributing awards ’05, chair of the SBA’s could not attend this Barrister’s Ball Comyear’s Ball. Many 3Ls, saddened to miss the pinnacle mittee, showed that she knows how to throw a sensaof the law school social calendar in their final year, tional soirée and turn unexpected lemons into lemonencouraged and cried to event coordinators about inade. Rectifying the potential exclusion of 3Ls, stucreasing the set capacity at the Statler Towers – even dents significantly enhanced the celebration. Student suggesting the move the venue a week before the Ball. Bar Association Treasurer Melissa Cavagnaro and With the skill and tact of well-salted legal SBA President Mike Mann also deserve credit for professionals, event coordinators quickly worked out a their efforts. deal, which allowed an additional 50 tickets to be sold Some may wonder, why tickets sold so fast? to students and their guests. These tickets sold out Even organizers attribute the hot tickets to a lower quickly, and fortunately almost everyone wanting to ticket price. This year, the SBA wanted to make the attend was able. Barristers’ Ball affordable for all students and worked It was not hard to imagine how 400 law stuwith a generous grant from the Dean’s office and Bardents and an open bar invites good times. All dressed Bri to heavily subsidize the pricey $55 per- person up and standing in the grandeur and opulence of Ellscost, charging only $20 per ticket. In the future, the worth Statler’s former flagship hotel, guests were welSBA hopes to keep the event a low cost and will hopefully consider a larger venue for next year’s ball. 1 may layout.indd 1 5/3/2005 9:17:42 AM �The Opinion Lecture focuses on Corporations in Court THE OPINION Mitchell By Caroline Brancatella, ‘07 May 2005 Volume XXXXIII, Issue #7 and a live video feed in Room 104. ModThe University at Buffalo Law erated by UB Prof. Rebecca French, a School hosted it’s annual Mitchell Lecture on April 18th in the Francis M. Letro question and answer period, dominated Courtroom. Entitled “Are Corporations by UB law faculty, followed the presentaand Other Artificial Persons Taking Over tions. the Legal System,” the talk featured an The dominant topic of the day was impressive line up of presenters to adthe matter of Artificial Person’s (AP’s) dress the title question. role in the legal landscape as so many of Keynote speaker Marc Galanter, the parties now involved in law-related disputes are not named indiBosshard Professor of Law viduals, but amorphous entiand South Asian Studies at the ties such as corporations, University of Wisconsingovernment organizations, Madison, and former UB Law and not-for-profit groups, faculty member kicked off the including universities. The event discussing corporation widespread belief that AP’s access to the courts. have the upper hand in both Commentators included in and out of court legal transMeir Dan-Cohen, the Milo actions was addressed by Reese Robbins Professor in each presenter. Legal Ethics at the University “Discussion of AP’s is of California at Berkeley School of Law; Gerald Prof. Marc Galanter relevant to students and professors because we are particiBerk, Associate Professor and Department Head of the Department pants in a legal system that aspires to the ‘rule of law,’” said Wooten. of Political Science at the University of “One key ideal of the rule of law is Oregon; and UB Law’s own Prof. David that participants in the courts should meet Westbrook. on relatively equal terms. That is, a lawAccording to UB Prof. James Wooten, Chair of the 2005 Mitchell Lec- suit should be fair in the sense that neither party has too much of an advantage ture Committee, the keynote speaker is chosen by the Mitchell Lecture Commit- over the other. Professor Galanter's speech raised the point that empirical tee based on suggestions from the UB research suggests that the increasing legal faculty at large and commentators are resources and sophistication of AP’s is chosen based on discussions with the making the courts less of a "level playing keynote speaker. field" when AP’s litigate against indiOriginally scheduled in Room 106, the annual event was moved to the court viduals. It seems to me that as lawyers room due to damages from the recent fire and lawyers-to-be, we need to think about in the law school, with additional seating the implications of the increasing preva- Co-Editors: Michael Mann, ‘06 Jenny Mills, ‘06 Staff Writers: Justin Whittaker, ‘06 Tracey Stephen, ‘06 Caroline Brancatella, ‘07 Justin Nifong, ‘07 Stephen Wyder, ‘07 Mike Nisengard, ‘07 Jason Joaquin Almonte, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. New submissions of articles, cartoons or advertisements are always welcome and may be submitted to The Opinion mailbox in the SBA office, or via email UB.Opinion@gmail.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit writings. The Opinion does not endorse any of the articles and opinions stated within its pages. lence of AP’s in the legal process,” he continued. Westbrook, who was the last commentator to speak, also thought the topic of AP’s was an especially relevant discussion, “Social life, and so the life of the law, is largely comprised of interactions with and among artificial persons, including not only the large for profit corporations on which Marc Galanter focused, but also entities such as UB Law School. But it is difficult to think about such institutions … recent intellectual developments -- notably doctrinaire law and economics -- have tended to exacerbate this tendency. So I think the discussion of AP’s was both important and timely, and I think the Mitchell Committee did a great job picking the topic.” Addressing the specific topic on which he spoke -- whether the courts’ role in regulating the power of AP’s is good or bad -Westbrook said, “Post Enron, I and lots of other folks are inclined to look more favorably on the regulative capacities of courts. But if history is any guide, this is something of a matter of fashion. My real point was that our anxiety about AP’s turned on a notion of artificiality, or inauthenticity. As highly formal, structured environments, courts are not particularly good at addressing that sense of uneasiness. Kafka, after all, is obsessed with courts.” The first James McCormick Mitchell Lecture was presented in 1951 and named for an 1897 graduate of the Law School. Supreme Court Justice Robert H. Jackson, a native of nearby Jamestown, NY, gave the first address. Distinguished Alumni attend Students of Color Dinner By Jason Joaquin Almonte, ‘07 he 16th Annual Students of Color Dinner officially kicked off UB “Dinner month” on Friday, April 8th. Held at the Amherst Marriott Hotel just down the street on Millersport Highway, the event organizers called the event a great success, drawing over 130 students and distinguished alumni from across the country. The Students of Color dinner is unique from the other dinners because it also serves as a commemorative event that recognizes and brings together students of all races under the theme: “Lift as we Climb.” This year’s honorees included Trailblazer Awardee New York State Assemblywoman Crystal Peoples from Buffalo; Jacob D. Hyman Professor of the Year Awardee Professor Barbara Sherk, ’02; Distinguished Alumni Awardee The Honorable Julio Fuentes, ‘75 and Distinguished Alumni Awardee Lourdes Ventura, ’98. One of the more special components of the SOC dinner is the presentation of the “Lift As We Climb” scholarships to outstanding high school students who demonstrate leadership. This year’s scholarship recipients were seniors Daphne L. Inman, Ieshaah A. Murphy, and Shawnté Wilson, all classmates at City Honors High School in Buffalo. This year’s dinner was presided over by students from the Asian American Law Students Association (AALSA), the Latin American Law Student Association (LALSA), and the Black Law Student Association (BLSA). AALSA President Charles Choe ’06 introduced the event’s keynote speaker, UB Law alum Mason Ashe ‘89. Mr. Ashe gave a very entertaining speech, leaving law students with an uncanny interest in sports and entertain- Sherk, ‘02. The award was coupled with a special gift from some of her students who surprised her with a beautiful bouquet of her favorite white roses. Newly elected LALSA treasurer Victor Gonzalez, ‘07 introduced one of our most distinguished alumnus, Judge Julio Fuentes, ‘75. Judge Fuentes is the highest-ranking judge in UB history, sitting in Newark, New Jersey on the United States Court of Appeals for the Third Circuit. Judge Fuentes was born in Humacao, Puerto Rico in 1946, migrating to New York City at age nine. New Jersey Governor Frank Kean appointed Judge Fuentes to his first judgeship on New Jersey’s SupeJason Almonte, ‘07, Judge Fuentes, ‘75, Cindy Navarro, ‘07 rior Court, where he served in all of the major divisions. In March 1999, Award recipients also contributed President Clinton nominated Fuentes to the words of wisdom and friendly advice. Third Circuit Court of Appeals and he was BLSA president Monique Emdin, ‘07 confirmed by the U.S. Senate in March introduced trailblazer State Assembly2000. woman Crystal Peoples, a non-alumnus Fuentes reminded students to always of the Law School. Assemblywoman Peobe prepared, as they never know where the ples recounted the great satisfaction she tides of life will lead them. He recounted has always received from giving back to the story of his nervous wait after learning her community and told some of her he was considered for a U.S. District Court “trailblazer” war stories from her time in appointment and how he learned by teleBuffalo to Albany. Assemblywoman phone from former Senator Robert TorPeoples is a native of Erie County and ricelli (D-NJ) that he was actually being assemblywoman for the 141st District. considered for the court of appeals. Judge Allen Blount, ’05, former BLSA Fuentes delivered the 2001 commencement president, introduced Jacob D. Hyman address at the Law School. Professor of the year, Advanced Legal Newly elected LALSA president Research & Writing Professor Barbara ment law, a practice area where he has excelled in representing athletes like Pro Bowl Quarterback Daunte Culpepper, NBA star Stromile Swift and Pittsburgh Steelers star Levon Kirkland. Mr. Ashe also discussed how he was inspired to enter the sports and entertainment business by his cousin, tennis legend Arthur Ashe. Carolina Felix, ’07, introduced Lourdes Ventura, ‘94. Ms. Ventura reminded students of their own moral obligation to “turn around” and give back to their own communities; inspiring attendees to “lift as they climb” in their own lives. She recounted the circular way life has led her, recounting how 2L, and distinguished award presenter, Monique Emdin was a resident assistant (RA) when she was hall director at UB as an undergraduate student. Ms. Ventura is quisqueyana, from the Dominican Republic, and an Assistant Attorney General with the New York State Attorney General’s Office. Before the night wrapped up in dancing, Gail Hallerdin, ‘90 presided over a candle lighting ceremony by reading “The Bridge Builder” by Will Allen Dromgoole. Students of Color dinner committee CoChair Candace McCarley, ‘06, assisted Hallerdin. Ms. Hallerdin is currently Assistant Commissioner of New York State’s Office of Children and Family Services. During the candle ceremony, UB Law distinguished alumni lit taper candles that had been set at their dinner places from a pillar candle burning in the center of the dance floor. They extended that flame, first lighting the candles of third year students. The flame was then shared with second years, then first years, and so on until every candle was lit. It was an inspiring metaphor for the dinner’s “lift as we climb” theme, and a moving display of student and alumni solidarity. All in all the Students of Color Dinner was a great success, and a nice kick-off to the events that followed later that month. Students of all races attended; even SBA President Mike Mann, ‘06 hit the dance floor! special thanks was given continually to Students of Color Dinner Committee CoChair Yadira Ramos, ‘05, whose work and dedication made the event a great success for the past two years. Next year’s organizers hopes that all of the graduating seniors return for the 17th Annual Students of Color Dinner as alumni. 2 may layout.indd 2 5/3/2005 9:17:45 AM �The Opinion May 2005 Court of Appeals Return to Buffalo Schlegel!-isms By Caroline Brancatella, ‘07 Another Abridged List of Words of Wisdom By Mike Nisengard, ‘07 T he following list of “Schlegel! The coat hangers will always be multiisms” – actual Schegel! neural plying when the lights go off. firings taken directly from the You have to remember that law school classroom - is for amusement is exceedingly dangerous stuff. It should purposes only and is not to be used under come with the disclaimer: “We will f*** any purposes to inwith your mind.” crease your stress durA warranty speaks: ing exam time or take “Argawkkk! Argawkkk!” away from your enjoyA reasonable reckon is ment of life’s important all a good lawyer can give a pleasures such as sunclient – I reckon we can win this shine, good food, good case or I reckon we won’t. wine, laughter and love. Humans are less often There are very few guilty of bad faith than stupidpeople who should be ity. allowed to run naked I’ll skip over civil prothrough the city streets cedure for now because it’s the even if there are no butt of all jokes and I have to laws against public stop joking about it because I Professor John Schlegel teach it next year. Yack. grotesqueness. The court’s holdThere is nothing ing could be reduced to “Bullsh*t! Rewrong with working towards the vision of versed.” the world you see, but don’t be surprised if As you have surely figured out by you find it an uphill battle and never say now, I don’t give a sh*t if the rules of Schlegel! told you it would be easy. contract law are good, bad or stupid. Wisdom comes with age; sometimes There are possibilities; there are no age comes alone. certainties. Bureaucracy is its own reward. There are two kinds of law – hurt and Don’t confuse the id and law school. money. And even when someone gets The two are unrelated. Law school is death hurt they want money. – the id is life. If you let law get confused “Shepardize” – my favorite word in with your life, you will be worse for it. all of law school. I do love my students! Z achary Taylor was President of promotes to detective from among the the United States and the Civil top three scorers of the civil service test War was still a decade away for the position as opposed to automatiwhen the New York State cally promoting the top scorer. AddiCourt of Appeals last held a working tionally, challenges to local zoning laws session in Buffalo in 1849. The highest and trespass charges were addressed. court in the state amelioThird year law sturated that absence April 14th dent Tara Midlik was when the 6 Appeals Court honored at the Alumni judges and Chief Justice dinner when Chief Judge Judith S. Kaye visited the Kaye presented her with ceremonial court room at 92 the Justice M. Dolores Franklin St. to hear oral Denman Award. arguments. The honor comThe “Buffalo Session,” memorates the Honorable came at the invitation of the M. Dolores Denman, a University at Buffalo Law member of the class of Chief Judge Judith Kaye 1965, who was the first School Alumni Association, who hosted a dinner woman to be named at the Hyatt Regency Hotel in Downpresiding justice of the New York State town Buffalo following court proceedSupreme Court Appellate Division. ings. Current UB law students were Justice Denman was a single parent invited and encouraged to attend the live while in law school, and yet managed sessions, which were also made availto graduate as class valedictorian. This able in the law school via a live video scholarship/award is presented by the feed for the university community to WNY Chapter of the Women's Bar observe. Association to a graduating senior who Issues of local interest were inis a custodial parent, with preference cluded in the arguments presented to the given to single parents, and the award is Court. The panel reversed a decision by intended to offset the costs of daycare the state’s lower courts giving City of and other child rearing expenses during Buffalo Police Commissioner Rocco J. the bar study period. Diina the right to choose those who he Reserve your copy of the Yearbook today! Battle moves to new DOJ post By Caroline Brancatella, ‘07 Only $25 for the first 150 books U audiences and well maintained his cool. .S. Attorney General Alberto The publicity was on the whole favorable R. Gonzales announced on … He then, on the Attorney General’s orApril 16th that University at Buffalo Law School graduate ders, joined a nationwide program defending the Patriot Act. He got good coverage and Western New York U.S. for those events, including popular shows Attorney Michael A. Battle will become such as Geraldo Rivera,” Albert continued. the new liaison between Gonzales and Some feel that Battle will not be away federal prosecutors in 94 districts all over from Western New York for long, but rethe nation. turn as a federal judge with an appointment U.S. Attorney for the region since some time before the Bush 2002, Battle was the first administration ends. African American to hold A former football the post which he will leave player and 1977 graduate of in June to begin his new Ithaca College, Battle earned duties in Washington, D.C. his Juris Doctorate from UB Considered a favorite of the in 1981. A native of New Bush administration for York City, Battle returned some time, especially due to there after law school graduahis successful prosecution of tion and worked in legal aid the alleged terrorist recruitbefore returning to the Bufing cell known as the falo area, where he has almost “Lackawanna Six,” speculatwo decades of premiere legal tion that Battle would move positions and connections up had been commonplace. During his time at Appointed by former Michael Battle ‘81 UB law school Battle had made Attorney General John a number of local contacts, inAshcroft, Battle has been a cluding former U.S. Attorney for the area member of the Attorney General's AdviSal Martoche, who hired Battle upon his sory Committee of U.S. Attorneys since January 2004, serving on the subcommit- return to Western New York. In 1992 a federal public defender's office was estabtees on civil rights, sentencing guidelines lished in Buffalo and Battle left to run it, and white collar fraud. His new position but changed positions again in 1994 when does not require Senate approval. Dennis Vacco was elected New York’s “The work of his office on the attorney general and Battle became his Lackawanna Six case was entirely satisassistant in the Buffalo area. From there he factory to the Bush administration,” said served for nearly six years as an Erie UB law professor Albert Lee addressing County Family Court Judge and then why Battle became a frontrunner for the moved onto his most recent post as the national position. Western New York U.S. Attorney. “He achieved the desired outcome -It is unclear who Battle successor as stiff sentences on pleas, without revealWestern New York U.S. Attorney will be, ing much of the government's case and but it is expected to be a highly coveted sources. The government did not want a post among area attorneys. trial and there certainly were triable issues. He took a lot of heat from liberal Commencement Speaker Set DistrictJudge& formerIranContraProsecutortoaddressClassof2005 By Caroline Brancatella, ‘07 U has served as an Assistant United States niversity at Buffalo Law Attorney for the District of Columbia School’s 2005 Commenceand as an Assistant to the Solicitor Genment Ceremony on May 21 eral of the United States from 1974 to at 1 p.m. in the UB Center 1976. While working in private practice for the Arts will feature an inaugural or nearly twenty years Friedman also award to honor Ryan J. Mullins, a served as Associate Inmember of the Class of dependent Counsel for 2005 who died sudthe Iran-Contra Investidenly in September of gation. 2003. Saran pointed “This award will be out that graduates of the given annually to the Class of 1955, celebratgraduating senior deming the 50th anniversary onstrating the greatest of their Commencement commitment to and will join this year’s proficiency in criminal graduates for the cerelaw and criminal trial mony and that the Hot practice skills. To honor Strings Cargo Band will his memory, his classplay before the procesmates, friends and sion and for the recesmembers of the Law sional. Members inSchool community esJudge Paul Friedman ‘68 clude Professor James tablished this award,” Atleson, Professor David Engel and said Vice Dean for Student Affairs Melinda Saran. second year law students Kristen Judge Paul L. Friedman, a 1968 Houseknecht, Jessica Kielb and Nick graduate of the law school and United Robinson. States District Court Judge for the DisEach graduating student will receive trict of Columbia will offer the 2005 six tickets to the ceremony. First and Commencement Address. second year students interested in attendA graduate of Cornell University, ing are encouraged to volunteer as ushfollowing law school, Friedman clerked ers to hand out programs and assist the the U.S. District Court for the District of law school staff during the ceremony. If Columbia and the U.S. Court of Appeals interested please contact Dean Saran at for the District of Columbia Circuit. He saran@buffalo.edu. 3 may layout.indd 3 5/3/2005 9:17:47 AM �May 2005 The Opinion Opinions & Commentary Here’s one for Johnnie... By Rick Johnson, ‘07 hen I heard Johnnie Cochran canceled his trial appearance at the University at Buffalo Law School Letro Court due to illness I was disappointed. Yet, I had no idea how seriously ill he actually was. Johnnie Cochran died last month after suffering from an inoperable brain tumor, at the age of 67. Johnnie L. Cochran Jr. was born in Shreveport, Louisiana, on October 2, 1937, the great grandson of a slave, and working class family. According to a CNN News report, Johnnie was called a loving, warm human being who cared about everybody according to his Pastor William Epps. Johnnie’s career was one marked with celebrity cases and clientele. Cochran’s most famous case is of course the O.J. Simpson case. Here he and a “dream” team of attorneys helped acquit O.J. Simpson in his murder trial. His memorable phrase, “if the glove don’t fit you must acquit,” helped to lead to this victory. Yet, this case was quite controversial in that racial issues were dealt with and may have given the public a distorted image of Cochran. As Michael Eric Dyson, stated in a speech at the University at Buffalo, “Johnnie Cochran once helped out an out-of-towner by giving him directions and he said he couldn’t believe how nice a fellow was to him. Afterwards, someone told him that the man was Johnnie Cochran. He said I don’t like Johnnie Cochran but I liked that fellow.” This is probably accurate because it can be hard to be a civil rights lawyer in America and the public may get a distorted image of anyone who defends people where controversial issues such as discrimination are often involved. However, Johnnie defended a diverse group of people from Michael Jackson to Sean “Puffy” Combs to Reginald Denny. Reginald Denny was the white truck driver beaten by a black mob at the height of the Los Angeles riots in 1992. Cochran argued that the city’s police failed to protect the neighborhood where Denny was assaulted. The Seinfeld television show even created a spoof about Johnnie, with their own character named some might be offended by such parody, Cochran said that it was a lot of fun and he thought it helped sooth some of the angry feelings from the Simpson case. Yet, for any aspiring attorney especially one of color, Cochran was surely a great icon. As W.E.B. DuBois once wrote, “this is the story of a human heart the tale of a black boy who many long years ago began to struggle with life so that he might know the world and know himself. I bow before this man as one bows to the prophets of the world. Some seer he seemed, that came not from Crimson Past or the gray To-come but from the pulsing Now that mocking world that seemed to me at one time so light and dark, so splendid and sordid. Four score years ago had he wandered in the same world as mine, within the Veil.” Although I wander in that same Veil of color as he, I think it is also germane to point out that the world has also lost a great soldier in the war for human rights for all mankind. As Johnnie often said, “an injustice anywhere is a threat to justice everywhere.” It only makes sense to celebrate this life, so here’s one for Johnnie. 3-Day Multistate Famed civil rights attorney Johnnie Cochran passed away March 30th after a long struggle with an inoperable brain tumor. Cochran was 67, Bar Exam Workshop w/ Jackie Childs. In one episode his opposing counsel asked a woman to put on a bra which doesn’t fit, likening the moment to O.J. Simpson’s infamous glove moment. Childs loses the case, calling it a “public humiliation,” blaming co-star Kramer for the poor legal tactic. While July 15, 17 & 18 Professor Bamberger Applications available outside the SBA office, mail to: Gerald Bamberger, 1575 Highland Avenue, Rochester, NY 14618 The Victims: Spilt Milk in the Classroom By Justin Whittaker, ‘06 ost of us at UB Law chose to enter the legal profession in search of an understanding of how the “law” works in modern society, and to develop an intellectual understanding of concepts like human nature, political discourse, and legal theory. Unfortunately, according to a national group called the Students for Academic Freedom (SAF), “the atmosphere that prevails on most college campuses today does not foster intellectual diversity or the disinterested pursuit of knowledge. Liberal Arts faculties at most universities are politically and philosophically one-sided, while partisan propagandizing often intrudes into classroom discourse. It is appropriate for faculty to want openminded students in their classes, not disciples. Faculty bias is reflected in the curriculum of courses available, in the manner in which they are taught, in readings assigned for classroom study, and in discussions only open to one side of a debate.” www.studentsforacademicfreedom.org. We are being sinisterly and systemically propagandized. This concept is not a new one. William F. Buckley wrote in his 1951 groundbreaking work, God and Man Letter to the Editor at Yale: The Superstitions of “Academic Freedom,” that the solution to correct the “rampant socialism” on the university’s campus was to fire the offending professors who could then “seek employment at a college that was interested in propagating socialism.” Perhaps 1950s era McCarthyism accounts for the book’s relative success as a tool of silencing professors who dared espouse critical analysis of U.S. policy, and as a safeguard against the creeping moral threat of international communism. Perhaps. In the 1950s there was perhaps at least a real ideological threat to traditional notions of “American values,” and the communist movement was in fact quite pervasive on campuses throughout the United States. Perhaps. The proposition proffered by “academic reformists” today, however, is more of a product of the collective fear of some - of sinister intellectualism, which may manifest itself as “anti-religion” or worse: bad for national security (if there actually is a discernible distinction between them). The actual fear sprouts from the notion that unchecked power could be lost if ideas counter to radical agendas are publicly espoused by professors, intellectuals, and students. Students, evidently, believe everything they are told by anyone in a position of authority. It is my position that students who do not possess the capacity to discriminate among ideas, have no place in an academic setting of any eminence. Continued on page 11 The Opinion and the Student Bar Association would like to extend a special thank you to Dear Editors: Despite my soft spot for Mr. Whittaker, I am starting to wonder how the Law School's paper has become the forum for the liberal drivel that tries to rebut the Conservative Corner. If the liberals wish to have ink and paper maybe they should take the time and resources to start their own paper instead of continually using the general resource of The Opinion. Just a thought - or is resourceful reserved for the Right? for their continued support of student life at UB Law School Devon Runyan Class of 2006 devonrunyan@hotmail.com 4 may layout.indd 4 5/3/2005 9:17:48 AM �The Opinion May 2005 The Year in Review: Law School Photo Memories 5 may layout.indd 5 5/3/2005 9:17:52 AM �The Opinion May 2005 The Opinion SBA Class Directors 2004-2005 6 may layout.indd 6 5/3/2005 9:17:55 AM �The Opinion May 2005 7 may layout.indd 7 5/3/2005 9:17:58 AM �The Opinion May 2005 Congratulations to the UB Law Class of 2005! The Opinion 8 may layout.indd 8 5/3/2005 9:18:01 AM �The Opinion May 2005 Student Bar Association’s 1L Escape a huge success Organizers hope to make “escape” an annual event at the Law School By Jason Joaquin Almonte, ‘07 n Friday, March 25th, the University at Buffalo Law School’s class of 2007 convened at the Center for Tomorrow for the Student Bar Association’s first ever “1L Escape.” The event, sparked by 1L Class Director Adam Bushey, ’07, and coordinated by the 1L Class Director collective, was designed to bring the entire Class of 2007 together across sections, for a unique opportunity to meet and get to know each other. Despite being planned for Good Friday, and taking place the same week as the school closings caused by the Law School fire, the event experienced a great turnout, bringing together almost 100 1L students from all three sections. The event was supported by the Student Bar Association, and under the guidance of the SBA executive board, had a program that included a live DJ, sumo wrestling, food, drinks—and to top it all off, games and prizes. The live DJ was fellow 1L Donald Young who kept the music going all night long. Sumo wrestling was a big hit, with the entire 1L class gathering to see their peers don “sumo caps” and go to it right in the CFT. Students enjoyed the gastronomic change of pace, and many a face smiled to see something other than pizza for dinner. The menu included crab cakes, meatballs, chicken fingers, even a warm artichoke dip for more eclectic palettes. It was all gone by the end of the night; not even a piece of cheese was spared. Prizes included fifteen $50 Bar/Bri scholarships to be randomly selected at the end of the night. The games quickly became the focus of the night as first years frantically searched the room for peers to assist them in completing their “1L Bingo cards.” With questions like: “have you ever been to Iowa?” or “do you speak another language?,” almost every student Above: Members of the Class of 2007 had the opportunity to sumo wrestle during the first annual “1L escape,” students from each section attended. Below: 1L SBA Class Directors and escape organizers from L to R: Adam Bushey, Arianna Gleckel, Joaquin Almonte, Jacia Smith and Sri Sekar. Robert Conklin Honored at Annual Law Review Dinner Policy to free approximately 450 spaces The policy was developed to improve peak-time parking access in prime lots for students, faculty, staff and visitors who park on UB's campuses each year. Resident freshmen will make use of UB's many bus and shuttle offerings to get around both campuses. “After review of Chance Management Advisors’ recommendations and a year of campus-wide consultation, in- The second game was a play on “Find Your Partner.” Students arriving at the event were greeted by their 1L Class Directors who gave them name tags and a “codename” with instructions to find their partner in crime. Pairs included “Pinky and the Brain,” “Prince Charming and Cinderella,” “Shrek and Princess Fiona.” One very excited student given the codename “Fred,” even waltzed into the room yelling out “Wilma!” This game was also a success with inter-sectional partners skipping to the prize desk to steal a second entry for Bar/Bri scholarships. In addition to the mingling, student organizations took advantage of the event to explain their missions to first year students. Organizations represented included the Armed Forces Law Students Association, the Black Law Students Association, the International Law Students Association, the Jewish Law Students Association, the Latin American Law Students Association, OutLaw, and the Student Bar Association. Representatives maintained a table with literature for the 1Ls to review. Fifteen Bar/Bri scholarships were given out at the end of the night. Recipients included: Alicia Sim, Andrew Yen, Anshu Pasricha, Brian Kloss, Carolina Felix, Denetra Williams, Gregory Stein, HeeJung Kook, Jennifer Howland, Jennifer Hyatt, Karen Riedesel, Meghan Mazzacone, Mindi Byrd, Paul Colinet, and Yuxing Ye. SBA organizers called the event a great success, and hoped it paved the way for similar events with the Class of 2008, perhaps during next year’s orientation week. UB.Opinion@gmail.com New Parking Policy for Resident Freshman BUFFALO, N.Y. -- UB Parking and Transportation Services has announced that beginning with the fall 2005 semester, all resident freshmen will be required to leave their vehicles in their residence hall lot or in a Park and Ride lot from 7 a.m. to 3 p.m. Monday through Friday. attending completed their bingo cards and came running to the prize desk to ensure their entry for Bar/Bri scholarships. cluding needs assessments, interviews and presentations with administration, student, faculty and staff groups, this was the bestreceived alternative to reduce congestion in prime lots during peak times,” said Maria Wallace, interim director of Parking and Transportation Services. “Parking is a complex issue at UB, as it is at many of our peer institutions. We expect this new policy to free approximately 450 spaces around the Spine. This is more parking than is available in two of our Jacobs lots.” Resident freshmen will be issued a distinctive magenta-colored hangtag at summer orientations. The hangtags also will be available from the Parking and Transportation Services offices beginning in August. The new policy will be enforced strictly. — UB Newswire Canisius College and earned his Juris obert B. Conklin, ‘68 was Doctorate from UB Law in 1968, graduathonored for his distining cum laude. He was a senior member guished service to the Uniof the Buffalo Law Review in 1967-68. versity at Buffalo Law Conklin is a member of the UB Law School and the Western New York comSchool's Dean’s Advimunity by law students sory Council, a group affiliated with the Bufthat assists the dean and falo Law Review at the faculty in the developlaw review’s 16th annual ment of policies and dinner on April 21st at plans for the law school. The Buffalo Club. As a member of the Over 130 guests council, he introduced enjoyed a beautiful rethe mentoring program ception with current and for first-year law stupast members of the Law dents who are paired Review, alumni, deans, with members of Bufprofessors and commufalo's legal community. nity leaders. The largest “Mentors offer presence by far was that advice and assistance to of Hodgson Russ, with law students as they associates and partners, embark on their legal both young and old comcareers,” said Nils Oling out to show support sen, dean of the law for their retiring leader. school “Without Bob In addition, each Robert Conklin, ‘68 Conklin's support, this year at the Law Review’s program would not have been launched.” annual dinner, the work of four students Conklin often lectures for the New is selected for publication in the upcomYork State Bar Association Continuing ing volume. The honorees at this year’s dinner included 2L’s Angel Overgaard, Education Program and for the Conference of Casualty Insurance Companies. Jon Bevilacqua, Andy Guglielimi and He also has served as vice chair of the Sachin Kohli. Eighth Judicial District Attorney GrievThis year’s honoree, Robert Conklin, is president of the law firm Hodgson ance Committee. Conklin also is a direcRuss LLP, where he focuses his practice tor of the Shea's Performing Arts Center. in both business and employment litigation. He has a bachelor’s degree from 9 may layout.indd 9 5/3/2005 9:18:03 AM �The Opinion May 2005 Summer Special to The Opinion Summer in Buffalo: A quick guide for non-Buffalonians oon, the meteorological crimes of the past few months will be all but forgiven. It only takes a few lukewarm days and the locals declare détente in their very literal cold war with Mother Nature and enjoy the glories of the sun. After a year or more in Buffalo you should know that it’s “pop,” not soda, Labatt Blue is what’s on tap, and the local government is about as good at handling money as the Bills are at winning Super Bowls. But students may not recognize that Western New York is rewarded for its winters of discontent with a temperate, sunny and downright pleasant summer. Eager to crawl out of hibernation, the area celebrates the season in classic Buffalo style -- with inexpensive events that include plenty of food and an omnipresent supply of alcohol. For those of who are staying in the Queen City for the summer, here are a few suggestions on how to spend your non-billable hours -- which may be redundant for some. Make the most of the sunshine because even in June, January is only six months away. FESTIVALS/SUMMERFARE Thursday in the Square May 26 - Sept. 1, Thursdays @ 5pm Lafayette Square http://www.buffaloplace.com/ For nearly 20 years Buffalo Place has produced this summer concert series and everyone who is anyone will be there each week. It includes great bands and plenty of beer tents so wander down after work and get an early start on the weekend. Allentown Arts Festival/Music As Art Delaware & Allen, June 11-12 http://www.allentownartfestival.com/ The streets shut down but the bars stay open to make way for hundreds of art and jewelry vendors from all over the country. The weekend also includes the “Music As Art” festival, run by Robbie Takacs of the Goo Goo Dolls, where local bands strut their stuff. And it’s a pretty good bet the Goos will eventually take the stage. Taste of Buffalo July 9-10, Delaware Ave. http://www.tasteofbuffalo.com It’s no secret that eating is a regional pastime -- Taste of Buffalo provides an opportunity to do so with variety and organization. Come with an empty stomach and an open mind. Italian Festival July 14 - 17 Hertel Avenue, N. Buffalo www.sorrentocheese.com/festivals/index.cfm Craving a cannolli? In need of an array of cheesy and saucy goodness? Prepare yourself for an extra large portion of eggplant parmesan and enjoy the culinary talents of Italia. SPORTS Gus Macker 3-on-3 Basketball Tourney June 25-26 Niagara Square http://www.macker.com/ More than 100 basketball courts and 4,000 players will swarm Niagara Square for this weekend long 3-on-3 tourney. Participate as a spectator or a player as teams of all levels compete. Make sure to check out the top flight courts which showcase some of the best basketball you’ll see before next March. Buffalo Bisons Baseball April 7—Sept. 5 Downtown, Dunn Tire Park http://www.bisons.com/ Once upon a time Buffalo wanted a Major League Baseball team, but Colorado and Florida apparently wanted one more. Left with a downtown ball field the city discovered that Triple “A” baseball and a team that feeds the Cleveland Indians is just the right fit for B-lo -- Dunn Tire Park offers an inexpensive baseball experience for all. Toronto Blue Jays Baseball Skydome http://toronto.bluejays.mlb.com Still miss the Yankees? Our neighbors to the north conveniently have an American League East team that often plays the Yanks less than two hours away. Seats are as little as $6 and border crossing is usually easy with proper documentation. The Boston Red Sox also frequently play UB at Sunrise Downtown Speaker Series to Begins with Presentation by Former UB President William BUFFALO, N.Y. -- The University at Buffalo Alumni Association’s UB at Sunrise Downtown Speaker Series kicked off its spring season with a presentation by William R. Greiner, Law School professor, chair of the Greater Buffalo Commission and former UB president. Greiner discussed “The Regional City of Buffalo...the Merging of Buffalo and Erie County Governments” on April 29 in the Hyatt Regency, 2 Fountain Plaza. The spring series will consist of three programs presented by members of the UB community who will address topics of human interest and current concern. Each program will begin at 7:30 a.m. with a continental breakfast and networking. Presentations will start at 8 a.m. and conclude promptly at 9 a.m. after a questionand-answer session. The 11-member Greater Buffalo Commission, consisting of top government, education, religious and community leaders, was co-founded by Erie County in Toronto -- for those who are into that kind of thing. ica. Summer events include the annual Teddy Bear Picnic, lectures and tours. THE ARTS Erie County Historical Society Open Tues. - Sat.; 25 Nottingham Court http://www.bechs.org/ Along with Albright Knox, the Historical Society is one of the only buildings to survive from the Pan-Am Exposition of 1901 and contains a stunning Japanese garden. The museum houses countless artifacts and exhibits about the region’s history, including the revolver that killed President McKinley. Actually, an infection killed McKinley, but those are causation issues to debate among yourselves. Shakespeare in the Park Tues.—Sun., June 23 - Aug. 21 Rose Garden, Delaware Park http:// shakespeareindelawarepark.org Second in size only to New York’s summer series, Buffalo’s Shakespeare in the Park celebrates 30 years this season. Run by UB’s own Saul Bellow this year the company is producing the old stand-byes of “Hamlet” and Romeo & Juliet.” Pack a picnic and look for what are likely to be new interpretations of classics. Buffalo News Free Summer Jazz Series Sunday nights, July -Aug. www.buffalonews.com/services/community/ programs/#jazz Good music and good scenery each Sunday night held on the steps behind the Albright Knox Art Gallery -- a perfect way to wind down before the work week. SUMMER FUN The Lake -- all day, every day An old planning committee thought that Amherst was the best place for UB, consequently you may not know that there’s a Great Lake right next to the city. The Hamptons it ain’t, but there are a series of beaches along Lake Erie’s shores including Woodlawn, Wendt, and Bennett parks. Sand, swimming and general beach activities included. The Erie County Fair Aug. 10-21 Hamburg Fairgrounds http://www.americas-fair.com/ Cotton candy, water balloon games and livestock -- county fairs are a portrait of Americana. If you’ve never been to a pig race or demolition derby this is your chance. HISTORICAL Wilcox Mansion/ Theodore Roosevelt Inaugural Site 641 Delaware Ave. http://www.nps.gov/thri/ Called back from a hunting trip in the Adirondacks, Teddy Roosevelt was sworn in as president wearing a borrowed suit at the mansion on Delaware and North. The house now serves as a museum and library dedicated to T.R. and the Victorian era in Amer- Erie Basin Marina Naval Park Tours by reservation, foot of Main & Pearl St. www.buffalonavalpark.org/ Who says there’s nothing to do on the waterfront? WWII ships the U.S.S. Little Rock, U.S.S. Sullivan and submarine the U.S.S. Croaker are permanently docked in Lake Erie for your educational enjoyment. The U.S.S. Sullivan, named for five brothers who died at war, forever changing military policy, is most interesting and supposedly haunted. Forest Lawn Cemetery 1411 Delaware Avenue, Sunday Tours http://www.forest-lawn.com It’s not creepy, it’s historical. Tours, given in air conditioned “coaches” narrate the stories and beautiful architecture of the cemetery. Individuals who take their final rest there include Millard Fillmore, the 13th President of the United States, Seneca Chieftan Red Jacket, and numerous supporting characters in American history. Darwin Martin House Tours by reserve., 125 Jewett Parkway http://www.darwinmartinhouse.org/ Designed at the height of the Prairie House Era, Darwin and Isabelle Martin gave carte blanche to Frank Lloyd Wright and his unique architectural genius in designing their home. Ignored for decades, the house continues to undergo renovations to restore it to its original glory. Your undergrad art history professor will be proud of you for going. UB.Opinon@gmail.com Student Bar Association 2004-2005 Award Recipients Executive Joel A. Giambra and Buffalo Mayor Anthony M. Masiello. The commission made its recommendations for a merger earlier this year, but the process has been put on hold as a result of the county's fiscal problems. UB alumnus and Buffalo Bills' offensive line coach Jim McNally, Ed.M. '68, B.S. '66, will speak on May 19, and Woodrow “Woody” Maggard, associate vice provost of the UB Office of Science, Technology Transfer and Economic Outreach (STOR) will speak on June 15. To register for the series, or for individual presentations, go to the “UB Connect” tab on the UB Alumni Association Web site at http:// www.alumni.buffalo.edu, or call the UB Office of Alumni Relations at 8292608 or 1-800-284-5382. The cost per program is $12 per person. — UB Newswire. 3L LEADER OF THE YEAR Jessica Ortiz, Yadira Ramos, Lauren Tamparo 2L LEADER OF THE YEAR Charles Choe, Ryan Crawford 1L LEADER OF THE YEAR Jason Joaquin Almonte STUDENT GROUP OF THE YEAR Buffalo Moot Court Board NEW STUDENT GROUP OF THE YEAR International Law Students Association FUNDRAISER OF THE YEAR Black Law Students Association: Lotus Bar Night COMMUNITY SERVICE EVENT OF THE YEAR Domestic Violence Task Force: Cell Phone Drive 10 may layout.indd 10 5/3/2005 9:18:05 AM �The Opinion May 2005 Continued: “The Victims: Spilt Milk In the Classroom” Continued from page 4 Yet, according to SAF, its goal is “to secure greater representation for underrepresented ideas and to promote intellectual fairness and inclusion in all aspects of the curriculum, including the faculty hiring process, the spectrum of courses available, reading materials assigned, and in the decorum of the classroom and the campus public square.” In other words, tyranny of a minority of individual students over university curricula and reading lists - a regulatory remedy for the protection of bad ideas, as illustrated by the market place OF ideas. It is illogical and disingenuous to suggest that the regulation of ideas is necessary or desirable among adults who have unfettered access to every ideology to which they may wish to subscribe - All of them. They are all available for consumption in the “political theory” section of Barnes and Noble and Amazon.com. As such, the suggestion that minority view points are prohibited from being expressed on campus, is well, an untenable position. The glory of institutions of higher learning is that virtually any viewpoint on the open market may be consumed by willing adherents, not that minority viewpoints should be subsidized by universities or programs within. Shouldn’t an argument stand on its own without SAF’s measure of viewpoint subsidization? Doesn’t this form of market tampering support the right of the individual to NOT be subjected to beliefs she finds objectionable without equal time being given to opinion consistent with, for example, fundamentalist Christianity, or fundamentalist Islam? This is not about the right of academics, professors, and students to espouse positions in an open forum. Russell Jacoby, professor in residence of cultural history at UCLA, aptly calls this proposition the “New PC.” In May of this year, columnist David Horowitz argued before the Ohio state Senate that his “Students’ Bill of Rights,” known in that state as Senate Bill 24, should be adopted as law because “all higher education institutions in this country embrace principles of academic freedom that were first laid down in 1915 in the famous General Report of the American Association of University Professors. The Report admonishes faculty to avoid ‘taking unfair advantage of the student’s immaturity by indoctrinating him with the teacher’s own opinions before the student has had an opportunity to fairly examine other opinions upon the matters in question, and before he has sufficient knowledge and ripeness of judgment to be entitled to form any definitive opinion of his own.’” Certainly, Horowitz has a point here - sort of. On the one hand, positions on public policy from all view points must be considered valuable and worthy of consideration; they should not be confined to “free speech zones.” But what about bad ideas not worthy of consideration, like alchemy, or physics, or whatever else an individual finds objectionable? Horowitz argues that “all too frequently, professors behave as political advocates in the classroom, express opinions in a partisan manner on controversial issues irrelevant to the academic subject, and even grade students in a manner designed to enforce their conformity to professorial prejudices.” Id. Ok, but what defines “political advocacy” in the class room? What issues are “controversial?” Is the illegality of torture controversial? If so, according to Horowitz, equal time must be given to those who advocate its practice as a tool of law enforcement. Must a professor assign reading to that effect? Is advocating racial equality “political advocacy?” If it is, then logically professors must direct students to white supremacists web sites as a source of scholarly insight. Horowitz, like the SAF, is effectively advocating that a judicial remedy be created to protect the conservative viewpoint in our universities. However, this remedy effectively bullies professors into introducing potentially intellectually dishonest material into course curricula. Effectively, equal time must be given to all contrary views, no matter how suspect, irresponsible, or reprehensible. That sounds like a pretty curricula to me. Finally, in Spring 2003, California economist Daniel Klein published a largescale survey of American academics, entitled How Politically Diverse are the Social Sciences and Humanities, by using academic association membership lists from six fields: Anthropology, Economics, History, Philosophy (political and legal), Political Science, and Sociology. The paper focused on one question: To which political party have the candidates you’ve voted for in the past ten years mostly belonged? Not exactly the scientific method. Klein states that “the question was answered by 96.4 percent of academic respondents. The results show that the faculty is heavily skewed towards voting Democratic. The most lopsided fields surveyed are Anthropology with a D to R ratio of 30.2 to 1, and Sociology with 28.0 to 1. The least lopsided is Economics with 3.0 to 1. After Economics, the least lopsided is Political Science with 6.7 to 1. The average of the six ratios by field is about 15 to 1. Thus, the social sciences and humanities are dominated by Democrats. There is little ideological diversity.” I find this to be a very clunky intellectual leap, because as Professor Jacoby states, “a whopping 70 percent of the recipients did what any normal person would do when receiving an unsolicited fourteen page survey: they tossed it.” David Jacoby, “The New PC: Crybaby Conservatives,” The Nation (April 4, 2005). Klein’s study originated under the notion that academia should reflect the overall makeup of the population. However, Klein seeks to extend this notion to include affiliation in political parties, by somehow drawing the conclusion that universities are predisposed toward indoctrinating students with leftist ideology in the humanities, and social sciences (including law). It’s just an odd proposition if one considers how may Democrats voted for Ronald Reagan, and how many Republicans voted for Bill Clinton. Klein’s study is perhaps the most widely cited “evidence” of the brainwashing of the American student. However, supporters of this notion rarely quarrel with the relative conservatism of economics, engineering, sports and business programs. Nor are they concerned about the current state of the makeup of the Pentagon, the Federal Judiciary, Congress, the Presidency, etc. – where public policy is made. Here, supporters are content to argue that the majority must have its rightful say, even if that “majority” is, in fact, not representative of the majority of Americans. If social and political parity is indeed the end goal, Rick Santorum, Donald Rumsfeld, and Antonin Scalia should hand in their resignations, in favor of more centrist policy makers, as majority of Americans do not share their radical views. I’ll give you five Spectors or McCains for every Frist or Santorum you have. I’ll read Anne Coulter as an addendum to Sullivan and Gunther in a Con. Law class, if you give me a moderate federal bench. I further propose that the Pentagon, CIA, and Justice Department abandon their quasiofficial practice of “rendering” terrorism suspects to states which commonly practice torture as a means of gathering intelligence – no matter how specious or faulty – because most Americans are in favor of the rule of law and standing by our international obligations. I propose that the major news outlets, which are owned by conservative multi-national corporations, relinquish their grip on popular media, and in the name of parity, I am more than willing to sit though a classes taught by religious zealots (of any faith) who espouse antigay, anti-immigrant, and anti-inclusiveness rhetoric. As educated adults aren’t we are perfectly capable of deciding for ourselves what policies we find acceptable, and those which we find objectionable? If you’re not capable of convincing others of your position based on the merits of your points, then what are you doing in law school? The Month in Review: Law School Dinners The Opinion 2005 11 may layout.indd 11 5/3/2005 9:18:09 AM �The Opinion May 2005 Book Review: The Kite Runner, by Khaled Hosseini By Jason Joaquin Almonte, ‘07 nternational novels seem to be taking America and the world by storm, and the latest in this long line, The Kite Runner, by Khaled Hosseini has not been left behind. It has made it onto bestseller lists around the world, and its list of positive criticism is quickly becoming endless. It is a fast, moving read – drawing the reader into the world of pre-Communism Afghanistan and one family’s flight from Afghanistan to California. Amir, the novel’s protagonist, is a vibrantly drawn character who, despite alienating the reader at times, jumps off the page and into the reader’s heart. Exposition of this character brings forth all of the conflict themes in the novel – universal themes that seem familiarly “American” despite arising in preCommunism Afghanistan. These conflicts: young-old, father-son, masterservant, bravery-cowardice, are inescapable. Amir is the son of a wealthy businessman. His father, Baba, is a true generalist: a shop-owner, an architect, a party planner. Baba is the classic “macho-man,” in an affable, almost allAmerican sort of way. He is a “grownup” athlete, a philanthropist with a dynamic sense of modern politics and a nonchalant disregard for Islam. Amir, on the other hand, is not athletically inclined whatsoever, and as a sensitive bookworm – is growing into someone his father doesn’t seem to like much. The thread between them is awkward and painful as it is never tender or gentle in the way Amir longs for. Their relationship, however painful to read, elicits sympathy from the reader and remains genuine throughout the novel. In a way, their relationship drives the story’s plot from start to finish. Baba and Amir also have two servants, Ali (Baba’s own boyhood servant and friend) and his son Hassan, expose the reader to the centuries old class division between upperclass Pashtuns, and the oppressed, Hazara. Hassan is Hazara, and Hosseini deftly explores this Pashtun-Hazara clash by following the two boys’ youth in Kabul. The divide between Amir and Hassan is wide, encompassing money, home, character, education, and ultimately what Amir envies most: family. Ali adores Hassan, and even Baba holds a special place in his heart for the boy. The novel’s first plot climax brings all four of these characters together in Kabul’s annual kite competition before following Amir’s travels through America and Afghanistan. Kabul’s kite competition is another representation of the The Student Bar Association congratulates the Class of 2005 significance of tradition in the novel, and in all the conflicts in the novel. Striving to please his father, and finally win his love, Amir enters the kite flying competition, actually remaining the last kite flying at the end of the day. Hassan is at Amir’s side the whole time – and what happens after is the first of many expressions of the novel’s profound, underlying theme sacrifice. To give it away would be to deprive the reader of the true jewels of this novel. The Kite Runner is yet another novel in the niche of “global nomad” books around today. Akin to Yann Martel’s The Life of Pi and even Nadine Gordimer’s The Pickup, it follows its protagonist from youth to adulthood and across national boundaries, even through the hoops that shifting from tradition to modernism bring us all. Amir is a dramatic character, and having his transformation brought out for the reader is truly an enjoyable one. Hosseini’s freshman performance skillfully paints landscapes from Afghanistan to California without ever alienating the reader. The Kite Runner is a definite read. Decompression 2005 and 3L Executive Board & Class Directors Melissa Cavagnaro Fatimat Balogun Jessica Ortiz Lauren Tamparo Alamdar Shah Brian Langenfeld Allen Blount John Rudy Steve Trynosky May 19th 9pm Cost: Free! Who: ABA Law Day When: May 1st Scoop: Check out www.abanet.org to learn more or join the ABA Law Student Division Who: President’s Council Meeting When: May, 5th at 7:30pm Scoop: Newly elected club presidents and treasurers get to be lectured by the SBA on the do’s and don’ts of running their club Who: Reading Period for Final Exams When: Saturday, May 7th and Sunday, May 8th Scoop: Are they kidding us? Reading period is a weekend??? Gee thanks...in case having limited library use is not bad enough. Who: Final Exams When: May 9th-19th Scoop: Bring it. This semester is almost over and I am ready for the summer! Who: Decompression When: Thursday, May 19th, free for law students Scoop: Location is still in flux at the time of publication, rumors have it at Pearl Street or Ya Ya’s...Do not miss this event! Who: Law School Commencement When: May 21st at the Center for the Arts at 1pm Scoop: Want tickets? Too bad. You can usher if you like, just speak with Dean Saran. 12 may layout.indd 12 5/3/2005 9:18:10 AM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-05 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/2005 Bibliographic Citation A bibliographic reference for the resource. 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A citywide evacuation, massive governmental failure, and cancelled fall semester is not. It calls for last minute scrambling to continue a law school career on schedule. Such was the situation for nearly 1,800 law students attending Loyola New Orleans and Tulane University, both schools in the heart of the hurricane ravaged city that announced nearly a week after Katrina hit the Gulf Coast that their institutions would be closed for the Fall semester. As a result, more than 160 law schools across the nation, including the University at Buffalo, opened their doors to New Orleans based individual to attend as transfer or visiting students. Initially, Tulane was willing to only allow second and third year students to pursue course work at other schools, but later decided to permit the same opportunity to first years. At UB, three women, two from Tulane and one from Loyola have joined the student body for at least the semester. “The faculty and fellow students have assisted the visiting students in getting acclimated and catching up with their coursework,” says Vice Dean for Student Affairs Melinda Saran of the transfers. She adds, “What I found most interesting is that all the law students arrived with their lap tops, even though some came with little else.” Sara Johnson, a second year student visiting UB for the semester from Tulane described the unexpected turns her school year has taken. “We really never thought this would happen,” she said. Having evacuated for Hurricane Ivan during her first year in New Orleans, which CONTINUED ON PAGE 2 Election Wrap-up: Eighteen vie for 1L seats T he UB Law Student Bar Association has put the final pieces in place for the upcoming year of student government with the completion of class director elections held the last week of September. With the SBA reporting a voter turnout of nearly three hundred students, the classes elected a total of 25 directors -- six representing each class and one from the LLM program. The first year students put forth the most competitive field with 18 students vying for the six available positions. Those 1L’s who emerged as the winners include Burton Phillips, Shannon Elwell, Alexander Wright, Shelly Tsai, Michael Hernandez, and Emily Conley. Among the 2L’s elected were Monica Campbell, Jacia Smith, Adam Bushey, Ray Walter, Victor Gonzalez, Jason Almonte. Smith, Bushey and Almonte are returning for their second stint of service in the SBA having also acted as class directors last year. Leonardo Sette-Camara, Scott Bi- zub, Renee Root, Lexi Maloney, Paul Parisi, Jenny Mills will be representing the third year class with Sette-Camara returning for a second year. elections. The energy and interest shown by the candidates and the voters was impressive,” said SBA president Ryan Crawford of the elections. He continued, “I look forward to serving with the newly elected class directors. I believe that with the elected directors' dedication and passion, we can accomplish a great deal in the SBA over the course of this school year.” Returning second year class director Jason Almonte said of his goals, “This year, I would like to work with my fellow classmates on designing more programming 4 Directors return from last year’s Board that really involves each of Roxana Bray was elected from the the classes. I would like to work with the LLM program. current SBA e-board, who is dedicated to “On behalf of the Student Bar Assofacilitating programs for students, and ciation Executive Board, I would like to bringing SBA access up to par.” say thank you to all the UB Law students Ray Walter, a newly elected 2L spoke that participated in the recent class director about why he chose to get involved, “I 1 decided to run because law school is a place where we spend a majority of our time for three important years of our lives, therefore, I wanted to give something back to the law school community and work to improve it.” Class directors will be responsible for attending all SBA meetings and organizing law school sponsored events. Highlights from last year included the Barrister’s Ball, SBA Movie Night, Bowling for Finals, 1L Escape, Karaoke Night, Decompression and nearly a dozen more. infra SBA President’s Corner ….. 2 Commentary……………….. 4 Faculty Spotlight……..…….. 7 Docket………..……………. 8 �The Opinion The Opinion GAO Report: Textbook Prices on Rise October 2005 Volume XXXXIV, Issue #2 Editors: Michael Mann, ‘06 Jenny Mills, ‘06 Caroline Brancatella, ‘07 Staff Writers: Jessica Keltz, ‘06 Rick Johnson, ‘07 Lisa Ball, ‘08 Josh Dubs, ‘08 Shannon Elwell, ‘08 Mahreen Gillani, ‘08 Peter Parry, ‘08 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the nonprofit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at UB.Opinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures provided by Lawcrossing.com are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. For questions, please contact the Editor-in-Chief. A bout a month ago, while most students were still on summer break, the Government Accountability Office (GAO) released a new report on the rising price of college textbooks. The GAO, Congress's research arm compiled the report at the request of Congressman David Wu (D-OR). The report reinforces what students already know: textbook costs are skyrocketing, publishers are using practices including textbook bundling to drive up costs for students. Textbook prices have risen at twice the rate of annual inflation over the last two decades, an average of 6 percent each year since 1987-1988, compared with overall price increases of 3 percent per year. The report further found that textbooks and supplies are a significant cost for students and GAO found the cost of textbooks and supplies as a percentage of tuition and fees is 26 percent for a fulltime student attending a 4-year public institution, 72 percent for a fulltime student attending a 2-year public institution and 8 percent at a 4-year private institution. Lastly, the GAO found the practice of "bundling" CD-ROMS and workbooks to textbooks to be a significant factor in why textbook prices have increased so dramatically. The report also cites a pro- liferation of new editions as another factor in textbook price increases. Fortunately, there are simple things students can do to save money on their textbooks now, and at the same time, push for changes within the textbook publishing industry. Some advocates suggest that students should not fall prey to the textbook publishers and should do what they are best at: shop around, be creative about where they get their books. Here are some ways students can save money and change the textbook industry: •Use an online bookswap that allows students to buy and sell used books directly from each other. The Student Bar Association teamed up with the undergraduate Student Association last year to provide students with a bookswap at UB. •Ask your professors for the previous edition's syllabus. All too often publishers put out new editions without making substantive changes to the content. Every time a publisher produces a new, more expensive edition that has new page numbers, the professor has to create a new syllabus. Ask your professors if the previous edition was mostly the same. If so, ask if you can have a copy of the old syllabus. Then find a used copy online or from other students who took the class. •Ask Professors to Order Textbooks Early. If the campus bookstore knows before the end of the quarter/semester that the professor is going to use the same book the next quarter/semester, the bookstore will pay more for used copies because they know they will be able to resell them. Encourage all of your professors to use the same book for as long as possible and submit their textbook orders to the bookstore before the end of the quarter/semester so students can sell their used books for more money. Tulane Students Adjusting to UB life Want to write for The Opinion? been directly underwater, the peripheral damage can still make an apartment a total loss. turned out to be less damaging than preOne thing that has been less challengdicted, Johnson and many of her classing for Johnson is finding a place to attend mates assumed that Katrina would be the law school for the semester. “It was so same situation -- a few days off from convenient. There is a law school fifteen classes and the inconvenience of finding minutes from my parents’ house.” some place to stay. “I e-mailed Dean Saran Friday night Johnson feels that the weekend timing and had an answer back by Saturday mornof Katrina affected the speed with which ing. I arrived in Buffalo and registered for people reacted to it. “On classes all on the Tuesday the semester Friday night I was with friends. No one started.” was really watching TV or checking That does not online. I wasn’t wormean that Johnson was ried because normally eager to leave the Cresmy mom’s on top of cent City. “I didn’t want this stuff and calling to to leave, because I felt tell me. Then suddenly that once I left I couldit was ‘you need to n’t do anything to help.” leave now.’” She says that She emphasizes many students went to how slow the evacuaschools in places where tion process can actuthey had connections. ally be -- trying to More than 100 went to pack up an apartment, Louisiana State Univerwaiting to get gas, the sity and much of the volume of traffic leavfaculty and the entire ing the city. “I just staff of the law review packed a weekend Courtesy: Lawcrossing.com re-located to the Unibag,” she says. “I litversity of Texas Law erally came here with School. a couple of pairs of shorts and flip flops.” Tulane is planning a normal spring Eventually Johnson traveled to Austin, semester, as well as a summer session for TX, and flew home to Buffalo. What has those students who decided to pursue other become of the belongings in her second paths during the fall to continue law school floor apartment, she is not sure. Although on schedule. One concern for all students she has been told that 7 ½ feet of water is recruitment and summer positions -filled her neighborhood, the satellite pictures she has looked at online do not show interview selections were abandoned in the that much damage -- at least on the surface. wake of the disaster and while Tulane is offering help, many students are left in a “The mold grows so fast you would job search free for all. never believe it,” she says. And the mold, In the meantime Johnson is planning like so many other things in the city, smells to return to Tulane in January and would -- a putrid scent that may never leave like to travel there to assess the damage couches and linens. “after hurricane season is over.” Then there are the refrigerators left Until then she says, “My main concern full of food. “Some people have found is when I go back in January where am I maggots three feet deep,” she says. In going to live.” short, even though an area may not have CONTINUED FROM PAGE 1 Submit your Opinion! UB.Opinion@gmail.com SBA President’s Corner The recent class directors election produced a competitive, yet positive, Another month has passed, and the demonstration of student government. I UB Law academic year is well underwish to congratulate and thank all those way. The foliage has begun to turn, who ran for office. I look forward to and the pace of activity around the law working with all the new directors. The school has quickened. Over the course student government has many issues that of the last month many stand before it; and with exciting events have the leadership of the newly taken place at UB Law. elected officers the potenThe season of moot court tial for improvement of our competition, trial team community is boundless. activity, and journal This academic year promwork is upon us. Addiises to be an exciting and tionally, student group fruitful one. activity has risen to a Additionally, I would like new level, the student to welcome Michelle groups here at UB Law Schwach of Loyola, Sara are working hard to bring Johnson of Tulane, and forth meaningful and Clarissa Zadar of Tulane. Ryan Crawford, ‘06 exciting programming. Michelle, Sara, and SBA President Attendance for student Clarissa were displaced by group and Student Bar Association Hurricane Katrina and they are now atevents has risen significantly, repretending UB Law. The UB Law commusenting a strong and active student nity is fortunate to have Michelle, Sara, body. and Clarissa among us. From an extremely significant and Please remember that the SBA is a educational event like the Jewish Law student government organization dediStudents Association’s program cated to serving the UB Law community. “Justice at Dachau,” to a simple recrea- We are here to help all law students enjoy tional cruise down the Niagara River, their law school experience to the fullest, UB Law students are always interested please stop by the SBA office or email me in being active and involved. UB Law directly with any thoughts, questions or students recently demonstrated their concerns. compassion and generosity by raising Sincerely, over $1,600 for the victims of Hurricane Katrina. UB Law is truly an envi- Ryan Crawford ronment inspired by leadership through Student Bar Association President Rpc8@buffalo.edu service. Dear UB Law Community: 2 �The Opinion October 2005 Beecher to Receive Jaeckle Award C ommunity leader Thomas R. Beecher, Jr., ‘59 will receive the 2005 Edwin F. Jaeckle Award from the Law School and the UB Law Alumni Association at a luncheon to be held Oct. 22 in the Hyatt Regency Buffalo. The award, for UB Law alumnus Edwin F. Jaeckle, Class of 1915, is the highest honor the UB Law School and the Law Alumni Association can bestow. It is given annually to an individual who has distinguished herself or himself and has made significant contributions to the UB Law School and to the legal profession. Prior Jaeckle Award winners include Hon. Charles S. Desmond, Frank G. Raichle, Jr., M. Robert Koren, Manly Fleischmann, Hon. M. Dolores Denman and UB President William R. Greiner. The luncheon and award presentation at 12:30 p.m. will follow the morninglong UB Law Alumni Convocation, an annual continuing legal educational program beginning at 8:30 a.m. The convocation’s focus this year is “Emerging Developments, Changes and Updates in Bankruptcy Law, Jury Trial Innovations and Aging and the Law.” The full morning program is approved for 3 CLE credits in ethics and professional practice. Nils Olsen, law school dean and professor, praised Beecher, noting that “Tom’s service to the community and the university has been exemplary. Few have devoted as much time and effort to improving the lives of others through his many leadership roles over the course of his long and distinguished career. His guidance to the UB Law School through his membership on the Dean’s Advisory Council has helped us enormously. He is an exceptionally worthy recipient of the Jaeckle Award.” Beecher is a partner in the Buffalo law firm Phillips Lytle, where he concentrates his practice on estates and trusts, corporate governance, closely held companies, foundations and not-for-profit entities. But it is his involvement in myriad business and charitable initiatives that has left the most lasting impression on Western New York. Beecher is chair of the Buffalo Niagara Medical Campus (BNMC), a nonprofit corporation founded to cultivate a world- Beecher, ‘59 class medical campus in downtown Buffalo. Under Beecher’s leadership, and in partnership with its member institutions, local government, and the surrounding neighborhoods, the BNMC is implementing a comprehensive master plan for development of its 100-acre campus. This area includes the three new buildings of the Buffalo Life Sciences Complex as well as the region’s premier clinical, research and academic institutions. In addition to improving the physical infrastructure, the BNMC supports scientific recruitment efforts of its member institu- tions, while fostering entrepreneurial opportunities. Additionally, the medical campus has partnered with the neighborhoods in obtaining national foundation support for infrastructure improvement initiatives and other efforts to support development and growth. As board chairman of Buffalo General Hospital from 1991-94, Beecher helped lay the groundwork for the hospital’s merger with two other hospitals into the Kaleida Health System. He chaired that system’s board in 1999 and 2000. He co-founded BISON, the Buffalo Inner-City Scholarship Opportunity Network, which funds scholarships for lowincome students seeking private secondary education. He served on the boards of directors of Canisius College and the Buffalo Philharmonic Orchestra. He is a trustee of the Messer and LeBrun foundations and is on the advisory board of the Children’s Educational Opportunity Foundation. In all, Beecher has served on the boards of a dozen companies, four foundations and more than 30 community organizations. He uses his nickname, “Trustee Tom,” as his e-mail address. The grandson of Irish immigrants who built a thriving textile business, Beecher also runs Ballynoe, Inc., which funds scholarships and educational travel for his large extended family. He also serves on the Dean’s Advisory Council and is a member of the Law School’s Class of 1959. The first part of the convocation will focus on the new Bankruptcy Abuse Prevention and Consumer Protection Act. The second part of the program will focus on new developments and recent trends in the use of jurors, including permitting jurors to ask questions and innovations to jury instructions. The convocation’s final presentation will focus on aging and the law, with discussions on Smith Receives “Promise Prize” S econd year law student Mark Smith was awarded the $5,000 “Promise Prize” at a gala hosted by the Minority Bar Association of Western New York Thursday September 29 at the Statler Golden Ballroom. The Marie Nesbitt Promise Prize award is bestowed annually on a student of African descent who has demonstrated exceptional academic achievement and professional promise during the first year of law school at the University at Buffalo. Vikki L. Pryor, president and CEO of SBLI USA Mutual Life Insurance Company, Inc. and a UB Law graduate awarded the prize. Pryor created the award in 2002 in memory of her grandmother, Marie Nesbitt, who was a great granddaughter of slaves and whose formal education stopped at the third grade, however; because of her belief that Nesbitt was a woman of strong opinions, deeply held principles and an inspiration to others Pryor named the education award in her honor. “My grandmother faced many difficulties in her life, but she stayed positive and inspired me and all those around her,” said Ms. Pryor in an issued state- ‘thank you’ for all that we have been so lucky to receive in our own lives. The award will also help develop a network of young leaders dedicated to achieving their full potential and who will strive to give back to their communities.” “I am ecstatic, and very surprised,” said Mr. Smith, about receiving the award. “I feel good about my grades, and am confident about being an attorney, but receiving an award like this does a lot for one’s confidence Left to Right: SBLI USA Mutual Life Insurabout the ability to succeed in the ance Company, Inc. President & CEO Vikki legal world. I hope that receiving L. Pryor with Mark Smith and Lenora B. this award will give me the opporFoote, Assistant Corporation Counsel for tunity to give back ten fold to the the City of Buffalo. Created in memory of community and to the University at Ms. Pryor’s grandmother, the $5,000 “Promise Prize” award is bestowed annually Buffalo,” he added. While at UB, Pryor was one of on a student of African descent who has the early members of the BLSA demonstrated exceptional academic achievement and professional promise dur- (Black Law Students Association). She serves on the Dean’s Advisory ing the first year of law school. Council at the law school, and was honored with its 2002 Distinguished ment. Alumna Award for exemplary perform“As alumni, parents, professors and mentors we now have the chance to give ance in business. A native of Corning, NY, Smith is a back to our schools, communities and the graduate of Alfred University. young people of today as a way of saying 3 Institute Launches “State of the Region” Website U B’s Institute for Local Governance and Regional Growth has launched a new Web site for its “State of the Region” project that will incorporate updates on the project’s performance indicators and data as they become available. Guided by the motto, “you can’t manage what you can’t measure,” the “State of the Region,” founded by the institute in 1998, monitors the Buffalo Niagara region’s performance in key areas through more than 100 outcomesbased indicators across 11 major topic areas. The Web site, at http:// www.regional-institute.buffalo.edu/sotr, features a more dynamic format, enhanced tools for accessing and sorting data and user-friendly navigation options, including the organization of data by topic areas. “The ‘State of the Region’ project has always been about providing Buffalo Niagara with critical, reliable data on important regional issues, and doing so in a timely manner. The new and enhanced Web site simply meets this goal more effectively, more efficiently and more often,” said Institute Director John B. Sheffer, II, who will step down as institute director on Sept. 1. One key advantage of the new format is the release of the project’s performance indicators and data as they are available. Prior to this transition, the project was based on a periodic report schedule, with three reports released since 1999, including the baseline report and progress reports in 2000 and 2002. “An enhanced online presence is a natural progression for the project,” added Kathryn A. Foster, associate professor of urban and regional planning in the UB School of Architecture and Planning. “The new format taps the flexibility and real-time nature of the Web to better track regional performance.” Foster, who will assume the position of institute director on Sept. 1, oversaw the project as the institute’s director of research from 1999 to 2002. The Institute began expanding the project’s Web presence in February 2005 by posting 22 indicator updates online. Along with the unveiling of the new Web site, the “State of the Region” is releasing five additional indicator updates across four topic areas: * Environment – 2.1 Air Quality Ozone levels in the region are slightly higher than the new, more stringent national standard; Western NY’s air particulate pollution declined and remains below statewide and national averages. * Environ. – 2.11 Child Lead Exposure Lead screening of children under 2 has not changed materially; all Western New York counties registered decreases in the proportion of children with elevated lead levels and lead poisoning. * Gov’t – 3.8 Property Revaluation Nearly 2/3 of Western NY municipalities completed reassessment projects within the past three years; roughly half of all cities conducted reassessments in 2005. * Health – 6.7 Smoking Prevalence The percentage of adult smokers in Western NY dropped slightly, but remains higher than statewide and national rates; counter to national trends, tobacco use among Erie County 9th graders dropped and is below the national rate. * Human Serv. – 8.3 Quality Child Care Western NY registered modest gains in its number of licensed or registered child care providers and accredited child care programs; the region still faces shortage of quality facilities and programs. �The Opinion October 2005 Opinions and Commentary Reflections on Law School by a Third Year By Jenny Mills, ‘06 N ow “enjoying” our third year of law school, some friends and I were talking about the differences we have noticed as we have progressed from lowly 1L’s to (slightly less lowly) 3L’s. FIRST YEAR Orientation: God, I’m lumped in this stupid section with a bunch of weirdos that I have to spend ALL of my time with. That one looks cute, is he single? Who are these people? Why are they here? Why am I here? Do I really need to wear a suit to picture day? Is it too late to drop out, go to library school or get a McJob somewhere far, far away? Fall semester: I love my section, I hate my classes. God I hope I don’t get called on in Civ Pro today. Who the hell came up with Socratic method anyway? Sick twisted bastard. Is there a bar night tonight? Party at Creekside/Flint? Is this CSO meeting mandatory? If I stay up all night can I maybe get this memo done? Why do I have a final 3 days before Christmas? Does anyone have an outline for Con Law? Is ethics class optional? Why does this feel like I’m back in high school? Spring semester: Oh my god! I need a job. I need to get on law review. I need to get on Jessup. I need to do my appellate brief. What the hell is a contract? Where did my life go? I hate school, I hate Buffalo, I hate people. I hate everything! Who is this lunatic and why have they let him lose upon students? What is a chicken? Is this etiquette thing mandatory? Will “refreshments” be served? Why won’t my mentor return my calls? Why does the person next to me always raise his hand and say something stupid? Wait? I raise my hand … Do people think I’m stupid? Oh my god! I’m one of those stupid-annoying people! But, wait … What I have to say is always interesting and important? Right? Right?! I’ll trade you these two Property outlines for your Torts one. Would it be too over the top to burn my appellate brief at the Decompression party? SECOND YEAR Fall semester: Yeah. This again. Right. Whatever. Saw a couple cute 1Ls in the law library. Maybe I will offer them some outlines. At least classes are better now, more interesting anyway. The workload isn’t bad either. I need a job. I need a BPILP Fellowship. Where is everyone I know? I miss my section. We never see each other anymore except for in the law lib or if we start slumming it up and going to bar nights. Speaking of which, is there a bar night tonight? Please don’t be at Soho. Wanna get some lunch? Yeah, I’ve got class too but we can just sit in the back and eat it there. Spring semester: Oh yeah. Walk in the park. Three credits from bridge term and I’ve got it nice and easy. I heard Class X is an easy “A.” Nice! But wait! I said that last semester and by finals time I was nearly crying myself to sleep every night with fear of failure and stress from too much damn work to do. Hey – I’ve got a job now. I’m set. Not a care in the world. Are you going to class tonight? I haven’t been in a month. We do anything interesting in there? Can I have your notes? I’ve got a sweet Tax outline I’ll give you. Ummm... who set the school on fire? THIRD YEAR Fall semester: Why? Why, why, why am I forced to slog through another year of this madness? Can’t we do a residency program like the med school losers? I hate school. I liked being out in the real world, knowing things, doing things. Who are all these little 1L’s? Why do they congregate around my locker? Why does the school smell like asbestos? Why can’t I find a job? Why have I suddenly realized that International Law is a joke and that because of that sad, sorry fact, I’ll never be able to accomplish what I want to? Have you signed up for the MPRE yet? Did you hear X got an offer in NYC? How come I still don’t know what a contract is? Can I really hold down two legal jobs, go to school, submit resumes and still sleep? Did you see those new tables in the “food court?” Can you really call a cubicle with some mailboxes, vending machines, and a smelly microwave a food court? Have you found a job yet? Why haven’t I signed up for Bar/Bri? If I don’t find a job and run off and join the Peace Corps, will my loans be deferred? Why do I always feel like I’m drowning? Why haven’t I been to class in weeks? God, we’ve only been back one month. �5�&�!): Judicial Activism on Both Sides By Rick Johnson, ‘07 S o-called “judicial activism” is often opposed by political conservatives. However, conservatives seem to be developing a judicial activism of their own. According to the Federalist Society, when George W. Bush announced his first nominations for the federal bench, he declared, “Every judge I appoint will be a person who clearly understands the role of a judge is to interpret the law, not to legislate from the bench.” To quote James Madison, the “court exists to execute not the will of men, but the judgment of law.” Supreme Court Justices Scalia, and Thomas have been accused by many of “conservative judicial activism.” The Federalist Society says that many critics trace back the alleged activism to the 1995 Lopez v. United States decision. Some accuse conservatives of legislating from the bench by ruling to overturn decades of precedent in areas such as healthcare, disability law, environmental protection, and welfare. One of the most recent examples of possible judicial activism was the Terry Schiavo case. Many conservatives advocated replacing her feeding tube in order to save Terry Schiavo’s life. According to The New York Times “Legal scholars said it would be highly unusual for the Atlanta appeals court to order the feeding tube reinserted based on its analysis of Judge Whittemore’s ruling. But the Schiavo case has surprises at every turn. Lars Noah, a professor of law at the University of Florida, said much depended on the politics of the judges randomly selected to serve on the panel in the Schiavo case. The court did not release the panelists’ identities, saying it would wait until after they ruled. If the panel includes two or three Republican judges, stick to President’s Bush’s idea of the role of a federal judge, some show that they are not entirely opposed to judicial activism. According to Simon Lazarus’ article ‘’this gets reversed in a heartbeat,’’ Professor Noah said. However, six of the ten judges of the 11th Circuit Court who refused to reverse Judge Whittemore’s decision were appointed by Republicans. Furthermore, the Supreme Court, which is also made up of a majority of Republicans, refused to hear the parent’s petition. Although most conservatives may “Don’t Be Fooled, They’re Activists Too” the constitutional theory of federalism, has attracted the right wing and it is especially influential among Supreme Court Justices Scalia and Thomas. As Justice Antonio Scalia once wrote, “I am not a strict constructionalist and no one ought to be.” Lazarus also notes that if their theory of federalism was employed it would startle liberals, centrists and a good many conser- 4 vatives as well. Although many would say that conservative justices have exercised restraint the question remains whether federal courts shouls, as Scalia remarked, not necessarily lie over in a strict constructionist point of view? There have been a few important exceptions throughout history such as Roe v. Wade or Brown v. Board of Education when the court did more than strictly interpret the law. Yet, cases like Dred Scott v. Sanford, Plessy v. Ferguson and Korematsu v. United States are those where activism could have been useful. As Martin Luther King once stated, “there are some laws of the state that are out of harmony with the moral laws of the universe.” Perhaps, as Scalia has pointed out, the theory of strict construction should not be a fixed rule. Michael Brennan has stated in “More than Whose Axe is Being Gored?” that “The Rehnquist Court has not and correct right wing Bush nominee’s will not engage in what is called right-wing Brennanism.” Yet many people have categorized Morrison v. United States, interpreting the commerce clause; and Trustees of Univ. of Alabama v. Garrett, which interprets state sovereign immunity; as examples of recent conservative judicial activism. Some also believe the notions of conservative judicial activism or liberal judicial activism should be rejected but also assert that the court should not necessarily, as a universal rule, fall in line with judicial restraint. �The Opinion October 2005 Court’s Fall Term Preview Cellino & Barnes No More? High By Peter Parry, ‘08 Y ou may not know your Balconi in setting up a company, called grandmother’s phone numGTR. Balconi invested some of his own ber, but if you have lived in money in the company, but Cellino & Western N.Y. long enough Barnes’ mortgage company invested you can probably recite the phone numnearly $250,000. ber of the firm formerly known as CelBalconi would then loan money to lino & Barnes. Cellino & Barnes clients -- based on tips Long known in the about which of the firm’s Buffalo area for their ubiqcases looked like good bets -uitous advertisements via at 19 to 24 percent interest. billboards, television and Cellino and Barnes were not radio segments, Cellino & owners of the company, but Barnes made headlines last they still made approximately June when the Appellate 15 percent on the advances. Division of State Supreme As a result of such Court served Ross M. Celactions the Barnes was cenlino’s with a six-month sured and Cellino suspended suspension and Stephen E. from the bar for six months, Barnes Barnes with censure for adhis additional punishment the vancing money to clients. result of filing a false retainer agreement Attorneys who specialize in perin a 1997 case. sonal injury cases are ofThe court said Cellino was ten faced with individuals guilty of “engaging in illewho are unable to work, gal conduct that adversely preventing them from reflects on his honesty, paying high medical bills trustworthiness or fitness as or supporting a family, a lawyer” and also of making the potential “engaging in conduct inmoney from a lawsuit volving dishonesty, fraud, much needed income. deceit or misrepresentaAlthough it may seem like tion.” an act of kindness, lawThe decision has put attoryers cannot advance funds ney ethics in the local limeto clients because it gives them light, if only because the lawCellino a financial interest in the outyers at the center of the case come of the case. have worked so hard to make their But advancing money to injured names and faces visible. parties who have a good chance of comBarbara Sherk, who is an attorney ing into a large financial settlement is and coordinator of UB Law’s ethics pronot always motivated by altruism -- it is gram, says that the decision reminds new also an extremely lucrative business attorneys to “know the rules.” proposition if the interest rates are high “People need to know that if there is enough. The practice is commonly a possible ethical dilemma in their pracknown as “non-recourse legal funding” tice they should contact the local bar and it can be risky business since if cliassociation or state bar association for an ent loses his suit, he does not have to pay ethics opinion,” Sherk says. the money back. “The rules are there to protect the Cellino testified that to finance adpublic,” she continues. “We are a self vances to clients his firm used a mortregulating profession and we have a regage company purchased from the estate sponsibility to the public, the court has of a Buffalo attorney and gave $21,200 to look at that when they make their deto eight clients, at interest rates of 19 to cisions -- how does the profession keep 24 percent, from March until June of the public’s trust?” 1994. However, after the N.Y. State Bar While all first year students are Association’s Committee on Profesrequired to take the first semester ethics sional Ethics issued an opinion that course, no further ethics classes are rebarred lawyers from owning companies quired. But Sherk emphasizes that not that advanced money to their own cliknowing the rules is never an excuse and ents, the attorneys ceased using the com- reminds students that when they begin to pany for loans. practice law there are a number of semiWhile technically ceasing an ethinars and CLE programs that focus on cally disfavored practice, the firm still ethics. Additionally, this spring semeskept loaning profits in the family. ter UB will offer an upper level ethics Cellino assisted his cousin, John class. F all is once again upon us, and it is time for another SCOTUS term. With a few new faces on the bench the Court will be closely watched as it tackles some contentious issues. The highest court in the land will review 48 cases – including those that involve 4th Amendment issues, controlled substances, physicianassisted suicide, abortion, campaign-finance reform, and more. One case likely to be controversial is Gonzales v. Oregon. In 1994, Oregon approved a ballot initiative known as the Death with Dignity Act, which allowed physicians to prescribe lethal substances to assist in the death of terminally ill patients. In 2001 however, former Attorney General John Ashcroft and the federal government stepped in and claimed physicianassisted suicide was a violation of the Controlled Substances Act [CSA] of 1970. Ashcroft argued that dispensing controlled substances in order to assist in suicide was not a legitimate medical purpose, and threatened that any physician who did so would have their registration to distribute controlled substances revoked or be criminally prosecuted for violating federal law. The 9th Circuit held that Ashcroft’s directive was invalid, writing that, “physician-assisted suicide is not a form of ‘drug abuse’ that Congress intended the CSA to cover.” Another drug-related case, Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal relates to the arrest of a New Mexico man for possessing 30 gallons of tea, but not the type served with crumpets. This tea contained DMT, a powerful hallucinogenic, and was used in religious services for the Brazilbased group O Centro Espirita Beneficiente Uniao Do Vegetal. The issue is whether the arrest violated the First Amendment and the Religious Freedom Restoration Act of 1993. In Rumsfeld v. Forum for Academic & Institutional Rights, the Court will decide whether the Solomon Amendment, a federal law which withholds federal funds from institutions of higher education that deny military recruiters access to campus, violates the First Amendment. Due to the military’s “Don’t Ask, Don’t Tell” policy regarding homosexual service members, the on-campus recruiters could not abide by the nondiscrimination policy of the American Association of Law Schools. The Forum for Academic & Institutional Rights claims the schools are being strong-armed into allowing recruiters on campus, and thus forced to espouse the views of the military on homosexuality, which violates their right to free speech. The 3d Circuit agreed. In dissent, Judge Aldisert, wrote that the school’s First Amendment rights are not being violated because they are free to voice their opposition to the military’s policies in other forums without losing funding. The Supreme Court will tell us whether he is right. Abortion cases are always a good way to bring out the angry mobs and creative home-made signs, and this SCOTUS term has two abortion-related cases on the docket. Ayotte v. Planned Parenthood of Northern New England stems from New Hampshire’s parental notification law, which requires that a minor’s parents receive written notification at least 48 hours before an abortion is performed. Scheidler & Operation Rescue v. National Organization for Women, Inc. concerns an injunction against antiabortion protests that cross legal lines. On the 4th Amendment front, there are a few interesting cases on the docket. In Georgia v. Randolph the Court will ponder this question: Can police search a home when a co-habitant consents and the other co-habitant is present and does not consent? In previous cases, the Supreme Court has held that searches based on a cohabitant’s consent are fine, but it is unclear whether this holds true when the other resident is present and objects. Hudson v. Michigan is a case brought by the ACLU of Michigan involving “knock and announce” searches and the exclusionary rule. It raises the question of whether courts should suppress evidence seized by the police when they unlawfully enter a home without first knocking and announcing their presence. The Court recently granted certiorari on two campaign finance cases. In Vermont Republican State Committee v. Sorrell, the Court will review the constitutionality of Vermont’s spending limits for legislative races. Wisconsin Right to Life v. FEC involves a challenge to federal restrictions on corporation spending on ads close to Election Day. The case on the docket that will no doubt receive the most attention and yet deserve it the least will be Marshall v. Marshall, when it will be finally decided whether Anna Nicole Smith’s gold digging expedition (her marriage to the late oil tycoon J. Howard Marshall) was successful. Did you Celebrate our Constitution on September 17th? By Josh Dubs, ‘08 T ucked away in an appropriations bill signed into law by President George W. Bush last year was a provision requiring the celebration of Constitution Day. All schools receiving any federal funding are now required to provide some sort of educational training or lecture on the document outlining our highest law: the United States Constitution. The provision, sponsored by Senator Robert Byrd (D-WV), requires that “[e] ach educational institution that receives federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.” Senator Byrd, who carries a pocket copy of the Constitution with him on the Senate floor, says it is more than just knowing about the words of the Constitution. “It seems obvious that a great republic cannot sustain itself unless its citizens participate in their own government,” Byrd told a training session held by the U.S. Office of Personnel Management. “But how can they participate meaningfully if they don’t know the fundamental principles on which their government is founded? How can they protect and defend their individual liberties if they don’t know what they are, or how they are protected by the law of their land?” Ceremonies were held all over the country on September 17th or the preced- 5 ing Friday, ranging from lectures to presentations, to recitations of the preamble, to creations of model Constitutions. Students of all different grade levels were required to learn about the law of the land. The University at Buffalo, a public university which does receive federal funding, held a lecture led by Professor Timothy Boyd of the Classics Department. The first 1000 people to arrive at the home opening football game against Rutgers University received pocket copies of the Constitution, and then recited the Preamble before the singing of the National Anthem. Professor Lee Albert, one of UB Law’s Constitutional scholars, agrees on the importance of the event. “In a time when traditional freedoms and liberties are under enormous challenge and stress, it is highly significant for us to pay homage to the Constitution and its traditions. That is even more true when the membership of the U.S. Supreme Court is undergoing changes.” However, Albert believes more should be done, “Constitution Day should be a more important and prominent celebration than it appears to be.” Ironically, Constitution Day falls this year near the confirmation of its next interpreter, John Roberts. Confirmed as the 17th Chief Justice of the U.S. Supreme Court on September 29th, Roberts will play an extremely important role in Constitutional Law for many years. With Roberts’ confirmation finished, the Congress will turn its attention to the Miers hearings, to replace retiring Justice Sandra Day O’Connor. �The Opinion October 2005 Reciprocity Laws Among the States By Nikki LaCrosse W hen law students are choosing what areas of the law they want to practice, two questions they must seriously consider are how and where they will practice. Unlike lawyers of the early 20th century, counselors today often find themselves practicing across state, or even country, borders. However, what qualifies for a legal license in Wisconsin is not necessarily the same in California. Figuring out where a law degree can be used is a complex process. When one bar admits a lawyer based mainly on his/her membership in another bar, it is called reciprocity or “admission on motion.” It is not a standardized process. While the American Bar Association (ABA) promotes guidelines it believes each jurisdiction should follow in accepting outside lawyers, each state is free to accept or disregard those suggestions and make its own rules. Of the 50 states and 5 territories listed on the chart “Reciprocity, Comity & Attorneys Exam” in the ABA’s Comprehensive Guide to Bar Admission Requirements, 2005, 23 participate in some sort of reciprocity. Nineteen jurisdictions require that attorneys take their individual bar exams before being allowed admission to the bar, while 18 do not. Some states will allow attorneys to take the Attorneys Exam, which is only the written part of the bar exam, and still others require passing scores on specific standardized exams. While many states do participate in reciprocity, most still require that the applying lawyer have some experience in practicing law. Requirements range from one year of work as a licensed counselor up to seven years of experience before an applicant can apply to the bar. All jurisdictions that participate in reciprocity require that incoming lawyers be in good standing with their current bar associations. There are also a series of standardized tests offered by the National Conference of Bar Examiners (NCBE) that are often components of an application to a state bar. The Multistate Bar Exam (MBE), Multistate Essay Exam (MEE), Multistate Professional Responsibility Exam (MPRE), and the Multistate Per- formance Test (MPT) are the most commonly used tests for bar entrance, and some states require an applicant to pass one, or more, of these exams despite, or in lieu of, having reciprocity from his/her home state. The MBE and MPRE are the most common exams used, with only three or four jurisdictions opting to use other exams. A handful of jurisdictions offer reciprocity only to other, specific jurisdictions. For example, Idaho offers reciprocity to lawyers licensed in Oregon, Washington, Utah, and Wyoming only, while Maine limits reciprocity to attorneys from New Hampshire and Vermont. A complete chart of states participating in reciprocity can be found on the ABA’s website at http://www.abanet.org/legaled/ publications/compguide2005/chart9.pdf One way that lawyers can avoid joining the bar in another state is to receive a designation of pro hac vice, which is when a lawyer not licensed in a state is allowed to practice law there, usually for a specific case or client. Again, the requirements for the waiver differ greatly from state to state, but they normally require that the lawyer have several years of recent experience in the state where he/she is licensed. Registration with the courts is required, as is a fee to cover the subsequent investigation into the personal character, legal standing, and educational background of the applicant. A signed declaration to follow the laws of that state is also standard. Some states require that a licensed member of the bar act as co-counsel, while others only require the name of a local attorney who can provide assistance to the visiting lawyer. While appearing pro hac vice is significantly less rigorous than passing the bar; nevertheless, it is an involved process. Corporate attorneys may also be able to avoid the maze of reciprocity regulations provided that their practices are limited to work directly concerning their employers and that they do not have any other clients. The term “in-house” may be applied to these corporate attorneys. Again, each state has its own rules and regulations regarding the practice of law under these conditions, but they tend to be less rigorous than those for reciprocity. According to Becky Sutton of the Indiana Board of Law Examiners, who coordinates all the applications for “foreign attorneys” seeking to practice law in Indiana, most lawyers “will do anything to avoid taking the bar exam.” Although there are many criteria for an Indiana law license, Sutton states, “I don’t think it is any more than they [lawyers] expect. Even if it is handled differently in other states, they would still have to go through a process.” In her state, even those counselors meeting all of the requirements to practice in Indiana must re-register their Foreign Licenses for five consecutive years before they will be issued a license. The state does have a Business Counsel License that has less-stringent requirements, but in-house lawyers cannot use their time in Indiana towards filling the five-year foreign-license requirement that leads to bar acceptance. Sutton warns, “They could practice [here] for 20 years, and they’ll still have to apply for a Foreign License.” In-house lawyers are plentiful enough in the U.S. that there are publications devoted just to them. Lawyers Weekly, Inc., publishes three regional versions of InHouse magazine across the country and reaches approximately 25,000 lawyers in 10,000 companies. In a column for New England In-House, Andrew D’Amico, General Counsel and Vice-President of Brookstone, Inc., notes, “The fact that a company lawyer is both the participant and an observer of the corporate activities supported makes this brand of lawyering unique.” He also comments, “This lawyer has to provide legal advice while assisting in the conduct of a business.” Law students or attorneys from other countries may also be admitted to U.S. bar associations in 33 of the 55 states and territories governed by the ABA. Each of those jurisdictions has specific requirements for foreign applicants to meet, some of which include training in English common law, additional education at an ABA-approved school, and admission to the bar of another U.S. bar association. – Lawcrossing.com For more information about the National Conference of Bar Examiners Log on to: www.ncbex.org White House Counsel Miers Nominated to High Court P resident Bush announced the nomination of White House Counsel Harriet Miers to Sandra Day O’Conner’s seat on the U.S. Supreme Court earlier this month. Miers lead the White House’s vetting process for both of President Bush’s high court appointments, but while she screened potential candidates, the President had other staffers screening Miers for the post. Many Washington insiders see Miers as an odd pick because she has never served on the bench. However, her supporters are quick to point out that the late Chief Justice also had never been a judge before his appointment. Nonetheless, many court watchers are at a loss as to what will occur during confirmation hearings -- slated for early November -- because she has never publicly opined. Her judicial philosophy is a blank slate in the eyes of both Democrats and Republicans, which is why she is being attacked on both the left and the right. After the announcement, some in Washington expressed shock and called her appointment a sign of weakness from a president hit hard in the press for recent controversies such as the handling of Katrina, Iraq, gas prices and the investigations of top advisor Karl Rove and Republican Majority Leaders Bill Frist (RTN) and Tom Delay (R-TX). Conservatives fear that Miers has not staked out a position on hot button issues such as abortion. Liberals are equally concerned. While noted Democratic leaders such as Harry Reid (D-NV) have expressed support for Miers, others have great unease about not only her beliefs, but her qualifications. Miers has had a long and distinguished professional career. Prior to her appointment to the Court, she served as White House Counsel. Before joining the President’s staff, she was Co-Managing Partner at Locke Liddell & Sapp, LLP., chair of the Texas Lottery Commission, the first woman president of the Texas State Bar, and the first female president of the Dallas Bar. She also served as a Member-At-Large on the Dallas City Council. Miers received a bachelor's in Math JD, both from Southern Methodist Univ. Chemistry 101 Meets “Who Wants To Be A Millionaire”? Clickers help improve attendance, give professors instant feedback A long with laptops and cell phones, more than 4,000 University at Buffalo students this fall will be packing a piece of gear into their backpacks that may make them feel like they’re on “Who Wants to Be a Millionaire?” Slender, handheld devices, sold as “Audience Response Systems” (but everyone calls them “clickers”) are making large-lecture-hall classes at UB less impersonal and more effective for students and professors alike. The clickers, which students use to answer questions posed by a professor during a lecture, help give the instructor instant feedback on whether the class is comprehending the topic at hand and whether he or she should make appropriate adjustments. They make classes more interactive and, some professors are finding, improve student attendance. “Students love them,” notes Troy Wood, Ph.D., chemistry professor in the UB College of Arts and Sciences, who saw attendance in his chemistry class last se- mester jump by 30 percent once he starting using clickers. “They said in their evaluations that they came to class more often because they knew we’d be using it,” he said. “And students in other sections said they were upset that they weren’t using it.” Wood says he was sold on using the clickers because he immediately saw the analogy with the TV game show, “Who Wants to Be a Millionaire?” where audience members use clickers if asked by players for assistance in answering questions. “In the show, sometimes the audience is really sure, but sometimes it’s evenly split,” says Wood. “When my students are split in how they’re answering my questions, then I have to step back and think about it. If fewer than half the students can answer the question correctly, then they’re not getting it.” 6 Wood’s pilot project with the clickers was funded by UB’s Educational Technology Center, part of the university’s library system, which, along with UB’s Instructional Technology Services of the Computing and Information Technology division, will make a recommendation on whether they should be used more widely on campus. To date, clickers are being used at UB in introductory courses in the departments of chemistry, biological sciences, physics, political science and psychology that typically have a large number of students. The clickers are packaged with the textbooks for a particular class and students are instructed to bring them to lectures. A wireless receiver installed in the classroom instantly records students’ responses to multiple-choice questions posed by their instructor and provides a summary of results to the professor indicating how many students responded cor- rectly or incorrectly. The sum of these responses also allows the instructor to determine how many students did not respond. “Now I’ve got instant feedback,” says Wood, “I know whether they’re grasping the material or not, and it gives the students an opportunity to interact in the classroom because they can answer questions related to the material.” Wood says he wanted to use the clickers because he’s always looking for ways to make the large lecture setting friendlier. The data that the clickers help provide are particularly helpful when Wood prepares exams. “I can go back and review what percentage of students got which concepts right,” he says. “The data correlate with a given lesson. So if I can see that they’ve got a particular concept mastered, I won’t ask a question about it on the exam. But if there’s evidence that they were struggling with something, I’m going to ask a question just like it.” — UB Newswire �The Opinion October 2005 Faculty Spotlight Tomkins spends her summer cycling for fun and a good cause By Jessica Keltz, ‘06 A sk Suzanne Tomkins what she did on her summer vacation, and she’ll have an interesting answer for you: She rode her bike across the country. A combination of factors made this the right year for Tomkins, clinical associate professor in the UB Law School, to make the trip from Washington State to Massachusetts. “I really enjoy long-distance cycling, and every year I usually do a trip for a week or two,” she said. “The idea of going cross-country really appealed to me. Both of my children are older now, so it seemed more the right time of life to do it.” In addition, Tomkins recently turned 50, and the trip seemed a good way to celebrate that milestone. As she explored the possibility of biking across the country, she found that the touring company CycleAmerica offers the option of riding for a charity. As president of the board of directors of the YWCA of Niagara County and the longtime director of the law school’s Family Violence Clinic, Tomkins found it easy to choose a beneficiary. Her ride raised thousands of dollars—she can’t say for sure how much because checks are still coming in—for Carolyn’s House, a new facility of the YWCA of Niagara County that provides transitional housing for homeless women and their children. “What made this project unique is that it involved so many of the different clinics at the law school,” Tomkins said. The Affordable Housing Clinic helped to secure low income housing tax credit funding for the project. The Community Economic Development Clinic helped it get its 24-hour, seven-days-a-week day care service off the ground. And this fall, the Family Violence Clinic will send a student there to help the women learn about their economic options. Professor Carolyn’s House gets its name from Carolyn Van Schaik, a community activist and attorney. The facility itself, located at 542 Sixth St. in Niagara Falls, used to serve as a residence for student nurses at Niagara University, and before that as a convent for nuns. Tomkins said it stood neglected for 10 years before its current incarnation. Faculty Profile: Professor Mutua By Mahreen Gillani, ‘08 I vard, you have to go.” f you are interested in international Arriving four weeks late to school law, chances are you have probably with $22 in his pocket, he found himself taken a course with Professor Makau Mutua. He not only teaches in Cambridge, MA. He remembers finda number of classes related to international ing a Resident Assistant who showed him into his room, and from there, he law, but he also initiated and directs the spent his time working as a security International Law Concentration and is director of the Human Rights Center at the guard at the law school from 12am to 7 am and, attending Law School. classes after. Everyone is shaped Admittedly, by events and experieven though Mutua ences in their life that always had a passion to changes them forever do human rights work; and Mutua is no excephe started his legal cation. As a child growing reer began at White & up in Kenya, Mutua reCase, a prestigious New calls that he couldn’t York law firm. stand to see people sufHe found that although fering from poverty, he he was receiving generdid not like to see religous paychecks, the ion used as a vehicle to work was unfulfilling oppress people and he and soon after left for a loathed to see women Professor Makau Mutua post as associate direcoppressed by men. tor Human Rights Program at Harvard He was educated at the University of and writing reports on human rights isNairobi and the University of Dar-essues. He also went on to serve as the Salaam. As a student activist in 1981, Director of the Africa Project at the Kenyan soldiers took Mutua into custody and tortured him for participating in a pro- Lawyers Committee for Human Rights. In 2002, he returned to Kenya and test for the government to open up its made recommendations to the new govdoors to other political parties in the government on how they should respond to ernment. At 19 years of age, he had to and deal with atrocities committed by escape Kenya and became a refugee in the past government. He serves as the Tanzania only to find out that Tanzania and Kenya had made a secret agreement to Chair of the Kenya Human Rights Comreturn refugees to each other. Once again, mission. Mutua believes that it is crucial for Mutua found himself a refugee and Tanzacountries to tell the truth, acknowledge nian troops were looking for him. and identify the perpetrators; this he said This time, however, he had bigger is the national catharsis that is necessary plans. This time he was going to Harvard for any country to be able to move on in Law School. Perhaps Mutua’s skill as a peace. lawyer could first be seen when he conPerhaps, Mutua’s greatest contribuvinced the Tanzanian Embassy to issue tion to the human rights field has been him a visa to study at Harvard, even though he lacked the finances. His winning his success in legitimizing dissent within argument was, “How can someone get into the field of human rights. Harvard and not go, if you get into HarCONTINUED ON PAGE 8 6 “When I left in June, it was still under construction,” she said. “When I first saw it that morning (in August) it was just amazing to me. It’s a beautiful facility.” The building includes different sized apartments, including studios for young women aging out of the foster-care system. “I think it will be a good atmosphere for them,” Tomkins says, citing the social services and job training that will be available on site. As it happened, Tomkins’ cycling group passed through Niagara Falls on the day of Carolyn’s House’s ribbon-cutting ceremony in August. “It was pure Tomkins serendipity,” she laughs. “I was able to route them by Carolyn’s House and a lot of them were able to tour the facility,” she said. After the tours, Tomkins stayed behind for the ceremony and caught up with her fellow riders farther down the road. All told, Tomkins rode 4,300 miles over the course of about two months, from June 18 to Aug. 20. She said she averaged 80 miles per day. The trip began in Seattle, then moved through Washington, Idaho, Montana, Wyoming, South Dakota, Wisconsin, Michigan, Ontario, New York, Vermont, New Hampshire and Maine before ending in Gloucester, Mass. Tomkins said the trip, though challenging, could be undertaken by anyone in good physical condition who had eight weeks to devote to the ride. She said the other riders came from “all walks of life,” and many were either teachers or retired. Some riders would travel for a week or two, while others went the entire way. At any given time, about 40 people were riding and the median age was about 55, she said. The touring company carried their gear and provided the route, meals and a place to camp each night. “They would try to route us on very rural, scenic roads,” Tomkins said. “We really went through some of the most beautiful parts of the country.” Tomkins said she enjoyed getting to know her fellow riders, as well as seeing the country. “Sharing those physical challenges, and spending so much time with people you didn’t even know before the tour—it forms a close bond,” she said. – UB Reporter On the UB Social Scene The Law School “Bar Night” By Lisa Ball, ‘08 W alking around the halls of O’Brian, I’ve heard many adjectives used to describe various 1L’s experiences during their first days of law school. Some people are scared, others excited, most are a bit of both, and a few more are still trying to figure out what exactly is going on. Meeting so many people with such diverse life experiences has been exciting, chaotic, nerve-racking, and mostly a lot of fun. However, I have found that no matter how different my own life is from those of my fellow students, there is that one thing, one special part of the week that we can look forward to with anticipation, excitement, and a bit of relief: a night out at the bar. Being thrown into law school with piles of paper to fill out, books that are heavy to carry, and information coming at you from a million directions, sometimes requires you take a break and come up for air. After all, there are only so many productive hours of work one can accomplish a day. Why not take one of those “less productive” hours and spend them doing something fun like hanging out with your friends over a nice cocktail? And what better place to do this than at a bar night where you can not only hang out with some of the new friends you’ve made, but meet some students who have already been through what you’re experiencing? The first bar night hosted by the SBA took place at 67West, at the corner of West Chippewa and Franklin Streets in Buffalo, where UB law students old and new packed the bar to the brim. It was so nice to be able to meet new people and hear about their stories from first year. It was also genuinely encouraging to see how many people had gone through the same things my new friends and I were experiencing, and had emerged seemingly unscathed. The fact that most students readily offered up their help and encouragement was also a huge relief. Cheap beer and good music added to the atmosphere, in which new friends were made, and good times were had. The next bar night at Mister Goodbar, at Elmwood and Forrest in Buffalo was also a resounding success in the opinion of many 1Ls. Kara Addelman ‘08 enthusiastically praised the night saying, “it is so nice to be able to take a break from a long week, and just relax and meet new people.” Mary Stermole ‘08 also thought the event “created a great atmosphere to talk with other students, and to meet people outside of class.” In light of the great time had by most students at the events, I would really suggest that 1Ls who didn’t attend try and make the time to attend one in the future. Why not enjoy good company at a bar with drink specials and a nice open patio -- you’ll be able to bunker down in the library soon enough when it snows in four weeks! The bar nights seemingly provided a much needed respite for many 1Ls who were understandable exhausted after a whirlwind three weeks. After briefing cases and writing memos all week it is always nice to be able to do something that requires no stress or instruction -drinking a pitcher (or several pitchers) of beer with some friends. Because at the end of our journey, I suspect we’ll remember what happened “that one time at the bar”, more than we’ll remember “that one time at the library”. �The Opinion October 2005 On the Docket: The Solomon Amendment By Anayat Durrani T he U.S. Supreme Court will consider a case that will decide whether universities can bar military recruiters from their campuses, without giving up federal funding. The justices will revisit a 2004 decision by the 3d Circuit Court of Appeals that found the Solomon Amendment unconstitutional because of the military’s “don’t ask, don’t tell” policy, which violates the schools’ policies against discrimination based on sexual orientation. The 1996 federal law known as the Solomon Amendment allows the government to deny federal funding to any school that does not provide “equal access” to military recruiters on its campus. The law was established to allow the military equal access to campuses and students. However, many law school campuses say the Solomon Amendment conflicts with the right to free speech. At issue is the military’s controversial “don’t ask, don’t tell” policy, which al- lows gays to serve, as long as they hide case this fall. their sexual orientation. The Forum for Academic and InstituThe first version of tional Rights (FAIR), a the 1994 law named after consortium of law then Rep. Gerald Soloschools that is challengmon (R-NY) offers feding the constitutionality eral funds to universities of the Solomon Amendon the condition they ment, said it prevents provide military recruitschools from realizing an ers the same access to anti-discrimination policy their campuses as they because it forces them to do for other employers. open their campuses to The government had military recruiters who do granted funds to univernot accept openly gay sities as long as military individuals. Some of recruiters were allowed those associated with the on campuses. However, nationwide coalition infollowing the terrorist clude the faculties at attacks of September 11, Georgetown University 2001, the Defense DeLaw Center. partment demanded univer- Former Rep. Solomon “Georgetown’s position sities provide equal access is that all employers who to military recruiters and threatened to come to recruit on campus must abide by withhold several hundred million dollars’ Georgetown’s non-discrimination policy in worth of federal funding if they failed to employment,” said Chai R. Feldblum, a comply. The Supreme Court will hear the law professor at Georgetown University Law School. “That includes nondiscrimination based on sexual orientation—a rule the military doesn’t meet. Georgetown allows the military to recruit solely because of the duress of the Solomon Amendment.” Several other law schools and law faculties nationwide share the same view. Clark Freshman, a professor at the University of Miami Law School said Miami had a policy to comply only to the extent required by law. “It made several efforts to minimize the damage, including posting signs reminding students of the school’s antidiscrimination policy and stating that the military was only allowed access because of the threat of the loss of federal funds,” said Freshman. Many law student organizations have been active in making their feelings known about the Solomon Amendment and military recruiters on their campuses, even if their schools have not. A decision in Rumsfeld v. FAIR , No.04-1152 is expected in July 2006. — Lawcrossing.com Pro Bono Students America Continued: By Andrew Tan Faculty Profile: Makau Mutua L aw school students seeking to work for public interest causes or looking for something valuable to add to their resumes may not know where to start. However, there are some organizations that provide essential information on public interest groups. Pro Bono Students America (PBSA), now known as Public Service Law Network (PSLawNet), is an organization whose purpose is to help law school students find paid and unpaid positions in public interest groups, law firms with pro bono practices, governmental agencies, etc., where they can develop a wide array of marketable legal skills. The organization is subscribed to by 150 law schools across the United States. As a result, law school students can use its online database to search for opportunities, at various locations around the world, based on criteria that they provide. In addition, PSLawNet provides information on public interest events and job fairs, hosts panels and programs on public issues, publishes information on postgraduate fellowships in its annual edition of The Comprehensive Fellow- ship Guide - The Ultimate Resource for Lawyers and Law Students, and presents awards to nominated students who provide exemplary pro bono service. The type of work that law school students will find depends largely on what organizations or agencies they volunteers at. Examples of assignments include research, attending administrative hearings, and drafting complaints. In the case of student fellowships, grants are given to students who have designed pro bono projects for the specific public interest program they wish to volunteer for. Fellowships give students the chance to solve specific legal problems in their communities, experience working as a public interest lawyer, and more opportunities to mentor others than most law firms will allow. The types of fellowships that can be found through PSLawNet include project-based and entrepreneurial fellowships, organization-based fellowships, policy fellowships, and research fellowships. The experience gained through public service gives law school students an opportunity to use their knowledge to assist their communities to deal with unmet needs. This experience is often extremely varied because most public interest groups will assign students to different tasks. However, fellowships are also important because they provide more depth to a particular field. This is advantageous because students will get a better idea of what the field they selected for their project entails. According to the PSLawNet website, it is recommended that students dedicate at least 50 hours per placement, but some students might find themselves in positions that require investing more than the suggested amount. Regardless of whether or not students elect to undertake fellowships or regular volunteer positions, employers will like the idea that their potential employees already have experience and/or a broad range of skills. The PSLawNet database contains more than 12,000 organizations, which are updated twice a year based on feedback received from participating students and from program administrators of each organization. Information on opportunities offered and how to search for public interest positions through PSLawNet can be found at www.pslawnet.org – Lawcrossing.com CONTINUED FROM PAGE 7 He has written numerous articles and lectured many audiences on the need to change the human rights corpus and expand human rights to include rights that other cultures hold highly. He strongly believes that the Eurocentric core of the human rights corpus needs to be transformed into a universal multicultural corpus in order for it to have world-wide legitimacy. His advice to students interested in human rights? To imagine their careers in a broad, not narrow sense and to stay determined. He advised that the path of law goes beyond the known traditional path; there are many fields that students interested in human rights can go into, including but limited to law firms, non-governmental organizations and international organizations. The Docket Thursday, Oct. 20-Sunday, Oct. 23— Conference on The Roles and Representations of Walls in Reshaping of Chinese Modernity. Cosponsored by the Baldy Center for Law & Social Policy, UB Albright Knox Art Gallery. Contact: Tom Burkman (burkman@buffalo.edu) Friday, Oct. 21—Desmond Moot Court Competition Final Round, Letro Courtroom, O’Brian Hall, at 6:30pm. Banquet for Desmond competitors, judges and Buffalo Moot Court members immediately to follow. Contact: Amber Storr (astorr@buffalo.edu) Saturday, Oct. 22—UB Law Alumni Convocation followed by the Jaeckle Award luncheon, Hyatt Regency, 8:30am to 2pm. Contact: Dean Ilene Fleischmann (fleisch@buffalo.edu) Monday, Oct. 31— Conference on Historicizing Capitalism: Historical Political Economy as Critique of Neo-Classical Economics. Organized by Professor Steinfeld, Pierre Gervais (Univ. of Paris), and Christine Desan (Harvard Law School), in 545 O’Brian Hall, 9am—4pm. RSVP for lunch. Contact: Ellen Kausner (ekausner@buffalo.edu) Wednesday, Nov. 2 — Wechsler Moot Court Intramural Competition. Contact: Liz Tertinek (tertinek@buffalo.edu) 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7c40e6b613c34f0323b1014494877100.pdf fb238e43554d0f601869d79ae9010e2e PDF Text Text Former U.S. Attorney Michael Battle to speak at commencement MORE ON PAGE 3 Vol. 44, Issue 7 The Opinion The Student Newspaper of the University at Buffalo Law School FI NA LS IS SU E THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 May 2006 Smith tops Gradwell in SBA elections Spring elections cap off another successful year for Student Bar Association S tudent Bar Association elections for the 2006-2007 academic year were held last month and Jacia T. Smith ‘07 was elected SBA President, defeating Lori B. Gradwell ‘08, who ran a competitive campaign and lost in an intense race. Burton W. Phillips ‘08 was elected Vice-President, Trisha Kirsch ‘07 won her race as an incumbent for Treasurer and will return for second year at the position, and Jason Joaquin Almonte ‘07 was elected Parliamentarian. “The student body made a great showing during elections this year; I am honored to serve as the SBA Parliamentarian,” says Almonte. “ I love organizing things, and making processes easier for people and I’m hoping to make next year the most efficient yet. I am really excited about working with Jacia, Burton and Trisha. The law school now has a Hispanic, openly gay SBA Executive Board Smith ‘07 member – that just reflects the outstanding diversity here at UB Law.” An Amendment to the SBA Constitution was also passed during the April elections. The Amendment provides for the introduction of a standing committee which will be responsible for the drafting of resolutions and the submission of those resolutions to the Student Bar Association Board of Directors for approval by majority vote. The need for such a committee was felt throughout this past year, as a number of resolutions came before the Directors. “I am honored to serve as the new SBA President,” says Smith. “ I look forward to continuing the legacy of excellence set by previous boards. The new e-board and I look forward to increasing student group activities and expanding community service opportunities. We intend to have a wonderful year filled with many good times and fond memories.” Specific improvement on next year’s agenda include the assignment of an E-board member to each and every student organization. The purpose behind the project is to ensure that at least member of the SBA is up-to-date about the issues and projects of all clubs, publications and group. Additionally, the SBA is planning a leadership orientation for the officers of all student groups during the first few weeks of September in order to provide student leaders with a foundation of the organizational and time management skills needed to run a successful group while also meeting the demands of a law student. Yet another summer project for the SBA is to facilitate the move from the UB wings Serve to the Law School’s Web Portal for student organization Web sites. As always, the final project of the outgoing SBA EBoard is Decompression, the final bar night of the year. This spring’s festivities will take place on Thursday, May 18, from 8pm - midnight at the Lafayette Tap Room. The event is free for all law students while non-law students pay $25. infra SBA President’s Corner …........................ 2 Commentary…………….......................….. 4 Docket………..……..............................…. 8 On May 3, the 2006 Class Gift Committee presented a check to Dean Olsen for $4,480.02, the highest amount raised by any class to date. Thanks to all who gave! Law Review honors O’Donnell and Schwenkel at annual dinner A tute, which provides students with the opportunity banner year for the Buffalo Law Review to study law and finance in New York City for a culminated with its 17th annual alumni semester. dinner on Thursday, April Both honorees have been recog27th at The Buffalo Club. nized previously for their outstanding The Law Review published contribution to the profession and the five issues during the 2005-2006 acaLaw School. Ms. O’Donnell is a past demic year for the first time in its 55president of the Law School Alumni year- history. Additionally, the ReAssociation. Mr. Schwenkel has view has received a number of accomentored hundreds of law students lades for its recent Bankruptcy Symduring recruitment season in addition posium issue, which is currently in to his work with the Levin Institute. the final editing stages and will go to print in the next few weeks. “The Law Review Dinner is one of the most exciting events of the The highlight of the evening year,” says current Managing Editor for both past and present Law Review Michael Mann ‘06. “Not only is it a members was the opportunity to O’Donnell ‘82 chance for current students and alumni honor two distinguished alumni, Denise to come together and celebrate, but O’Donnell ‘82 and Robert Schwennext year’s editorial board will be in kel ‘82. place and this year’s editors can mark Both O’Donnell and the end of a successful tenure. We Schwenkel are former Review memare all very excited about our honorbers and have excelled in the legal ees. The Review has so many impresprofession. Ms. O’Donnell is a forsive alumni, we are lucky to have two mer U.S. Attorney for the Western of the most impressive join us this District of New York, a partner at year.” Hodgson Russ LLP and is currently In addition to honoring outseeking the Democratic nomination standing alumni, several current stufor New York State Attorney Gendents were honored for their work on eral. Mr. Schwenkel is the chair of the Review. The Carlos C. Alden the corporate department of the presAward, which is presented to the sentigious New York City law firm, ior making the greatest contribution to Fried, Frank, Harris, Shriver & Jacobson Schwenkel ‘82 the Law Review was awarded to LLP. He has also been instrumental in helping UB Law establish the Levin InstiCONTINUED ON PAGE 3 1 �The Opinion The Opinion Fifteen Years of Encouragement May 2006 Volume XXXXIV, Issue #7 Editors: Michael Mann, ‘06 Jenny Mills, ‘06 Caroline Brancatella, ‘07 Staff Writers: Steve Scibelli, ‘06 Rick Johnson, ‘07 Lisa Ball, ‘08 Josh Dubs, ‘08 Shannon Elwell, ‘08 Mahreen Gillani, ‘08 Peter Parry, ‘08 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at UB.Opinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures provided by Lawcrossing.com are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. For questions, please contact the Editor-in-Chief. Law School recognizes Phillips Lytle for minority scholarships A Buffalo-based law firm with in public affairs, cultural organizations, people from underrepresented groups. In deep roots in the community human services, education, and regional many instances, the scholarship has prowas honored at the Law economic growth and development. vided the resources necessary for students School on Feb. 28 for a schol- Four of its six members, he said, are UB to thrive and not just survive during Law arship program designed to foster the Law graduates. School. As the firm hoped, a large percentacademic and legal careers of minority The firm has longstanding con- age of the recipients have remained in students - and encourage those new lawnections with the Law School, Olsen Western New York.” yers to remain in Western New York. said, in hiring, alumni support, adjunct For his part, Graham said: “It is faculty, judging Moot Court competihard to believe that it has been 15 years The Phillips Lytle Scholarship program is 15 years old. Recipients of the tions and donating use of its offices for since the Phillips Lytle Scholarship was scholarship are noted established. While time on a plaque in the moves on, the vision and Law Library. But purpose of the scholarship there is nothing static remains steadfast: to add about the program diversity to the local Bar recipients consisby providing financial suptently report that this port to law students in a scholarship money minority group that is tracan make all the difditionally underrepreference in their abilsented. ity to pay the costs of “In 1991, things attending UB Law were different and cerSchool. tainly less advanced relaUB Law tive to diversity in the legal Dean Nils Olsen and profession. Phillips Lytle committed to the UniverMorgan G. Graham, managing partsity at Buffalo Law School ner of the 170-yearbecause it was the right old firm, made brief thing to do for the stuMorgan G. Graham and Dean Nils Olsen comments at a reception dents, for our community and in O’Brian Hall. for the good of the local Bar. Olsen noted the firm’s broad activity in We established the scholarship 15 years fund-raising alumni phonathons. the community, saying it sponsors more ago because we recognized this need. The About the scholarship, Olsen than 400 civic, charitable and educational said: “The Phillips Lytle Scholarship firm has for a long time recognized that events annually. “Phillips Lytle has a creativity and ingenuity are an important clearly demonstrates the firm’s leadervolunteer program in which a core group part of providing exceptional legal sership in promoting diversity in the legal of people at the firm coordinate thouvices, and those qualities are most readily profession in Western New York. A sands of hours of community service by found in a diverse working environment.” pioneer in encouraging diversity, the more than 100 full-time employees and firm created this scholarship 15 years Giving special thanks to Lisa family members,” he said. “The volunSmith and Peter Braun, Phillips Lytle ago to reward excellence, to help those teers deliver meals, participate in elemen- in need, and to greatly increase the num- partners who coordinate the program, Gratary school mentoring programs, staff ham said: “We are very proud to be recogber of Buffalo-area attorneys from charitable events, clean, paint and pronized by the UB Law School, not because groups that are underrepresented in our vide many other services.” of what we have done, but because of what profession. our financial support has been able to do.” Most recently, Olsen said, the “The firm’s plan has been sucfirm created the Phillips Lytle Leadership cessful, as it has provided over $110,000 Council to enhance and guide its efforts in assistance to more than 47 talented Congratulations to the Class of 2006 Yearbooks on Sale! Only $5 Pick your’s up today in the SBA Office Room 101, O’Brian After the first 150 sell, the price will jump to $15. 2 SBA President’s Corner Dear UB Law Community: This marks my last Opinion column and my final month as a UB law student. I feel very fortunate to have had the opportunity to attend UB Law; I am grateful for having had the opportunity to meet so many wonderful people and receive an outstanding legal education. I would like to congratulate the third year class, I feel privileged to be graduating with such a strong group of intelligent women and men who are going to make excellent attorneys and provide superior leadership in their respective communities. I would also like to say thank you to my fellow law students for allowing me to Ryan Crawford, ‘06 serve as the Student Bar AssoSBA President ciation President. I will always be grateful for my opportunity to serve. In particular, I would like to thank the outgoing SBA Executive Board for their hard work and dedication to the school, they are all outstanding leaders. I would also like to thank the outgoing Class Directors for all their passion and interest. Lastly, welcome to the new SBA Executive Board. I know the law school looks forward to your leadership. Goodbye to all and good luck. Sincerely, Ryan P. Crawford SBA President 2005-2006 �The Opinion May 2006 Above: Senior editors on the 2005-06 Law Review from L to R: Anthony Beccari, Ryan Micklus, John LaBoda, Meghan Brown, Mike Mann, Sachin Kohli, Meredith Conner, Angel Overgaard and Dennis Wiley pose at the Law Review Dinner on April 27th. The Buffalo Law Review celebrates a banner year CONTINUED FROM PAGE 1 Students were honored for their work on the Review. The Carlos C. Alden Award, which is presented to the senior making the greatest contribution to the Law Review was awarded to outgoing Editor-inChief Sachin Kohli ‘06. Outgoing Book Review Editor Angel Overgaard ‘06 received the Justice Philip Halpern Award, which is given to a senior for excellence in writing on the Law Review, for her published comment “Where does Forum for Academic & Institutional Freedom v. Rumsfeld Leave Military Recruiting Efforts? The final announcement of the evening was the four student works which will be published by the Review during the 2006-2007 academic year. The pieces selected include “On Financial Sector Reform in Emerging Markets: Enhancing Creditor’s Rights and Securitizing Non-Performing Loans in the Indian Banking Sector: An Elephant’s Tale” by incoming Editor-in-Chief Anshu Pasricha ‘07; “Bridging the “Philosophical Void” in Punitive Damages: Empowering Plaintiffs and Society Through Curative Damages,” by incoming Managing Editor Leah Mervine ‘07; “Pandemic Fears and Contemporary Quarantine: Protecting Liberty Through a Continuum of Procedural Due Process Rights,” by incoming Publications Editor Michelle Daubert ‘07; and “A Dialogue on Death & Deference: Gonzalez v. Oregon,” by incoming Note & Comment Editor Stacy Hartley ‘07. Decompression 2006 Thursday, May 18 8pm Flynn named U.S. Attorney T errance P. Flynn began work ment, he was a Buffalo trial attorney as U.S. Attorney for Western specializing in medical malpractice, New York products liability and Wednesday, other civil matters at March 22. The U.S. JusGibson, McAskill & tice Department said the Crosby, in Buffalo. Buffalo lawyer was President of sworn in as U.S. Attorthe UB Law Alumni ney after being conAssociation in 2004firmed by the U.S. Sen2005, Flynn invited the ate. judges of the New President Bush York Court of Appeals nominated Flynn for the to Buffalo last April, job last December, after the first time they visMichael A. Battle acited Buffalo in recent cepted a Washington history. They held position as Justice Decourt in the ceremonial partment liaison with its courtroom downtown U.S. attorneys nationand afterwards atwide. tended the UB Law Distinguished Alumni Flynn, 42, is an Flynn ’88 alumnus of the UniverAwards dinner. “It is truly an sity of Notre Dame and graduated from the University at Buffalo honor to be selected by President Bush Law School in 1988. Before his appoint- to serve the citizens of this 17-county Lafayette Tap Room Battle to speak at commencement M ichael A. Battle ’81, will give the commencement address to the Law School’s Class of 2006 on Saturday, May 20, 2006. The ceremony will take place at the Center for the Arts. Born in New York City, Battle was appointed the United States Attorney for the Western District of New York by President George W. Bush on November 15, 2001 and confirmed by the United States Senate on January 25, 2002 for a term of four years. Most recently, Battle was promoted to the position of director of the Executive Office for U.S. Attorneys – becoming the new liaison between U.S. Attorney General Alberto R. Gonzales and federal prosecutors in 94 districts throughout the nation. Upon graduating from Dewitt Clinton High School in New York City, Battle attended Ithaca College where he received a Bachelor of Arts Degree in Sociology/Anthropology in 1977. From there, Battle attended the Law School, graduating in December 1981. After law school, Battle worked as a staff attorney with the Legal Aid Society Civil Divi- sion. From there, he was recruited by United States Attorney Salvatore R. Marto- the Federal Public Defenders Office in Rochester with a satellite office in Buffalo. Battle remained in that office until November of 1995. In 1995, Battle accepted an appointment from New York State Attorney General Dennis C. Vacco, to be his Assistant in Charge of the Buffalo office. Battle left the Attorney General's Office in June 1996 to accept an appointment by Governor George E. Pataki to fill a vacancy on the Erie County Family Court Bench. In November of that same year, after winning both the Democratic and Republican primaries, Judge Battle was elected to retain that seat for 10 years. In January, 2004, Mr. Battle was appointed by Attorney General John Ashcroft to serve on the Attorney General’s Advisory Committee. The CommitBattle ‘81 tee advises the Attorney General on key public policy issues facing the Department of Justice. Mr. Battle also serves as a che to be an Assistant U.S. Attorney in member of the Advisory Committee’s Buffalo, a position he held from 1985 Subcommittee on White Collar Fraud, and through 1992. In 1992, Battle, along with now United has been a leading advocate for the DeStates Magistrate Judge Jonathan Feldman partment in the creation of forensic labs nationwide. and attorney William Clauss, established 3 Notes C ongratulations to Justin Call a 3L JD/MBA student and Alfonzo Cutaia a 2L. Last night they won the prestigious Henry A. Panasci Jr. Technology Entrepreneurship Competition, sponsored by the University at Buffalo Center for Entrepreneurial Leadership. Joining them on the BioHammer team is Yaoqi Zhou, associate professor in the UB departments of physiology and biophysics and chemical and biological engineering. The first prize is $25,000 to start their proposed business, a company that will market software and support to biotech companies. This contest requres the presentation of a business plan to a panel of judges. Coming in second were Jason Lee and Karin Abu-Middain, both JD/ MBA students completing their foundation year of the MBA program; Jordan Lema, a computer support specialist with the neurology department; Arthur Beyder, a medical student; and Chiara Spagnoli, a postdoctoral associate. Called the KbTwist team, they will receive $10,000 toward their business of manufacturing atomic-force microscope probes. �The Opinion May 2006 Opinions and Commentary A Farewell to UB Law By Jenny Mills, ‘06 T hree years ago, when I began law school, I was a terrified, naive 23 year old. Today as I write this, 18 days away from graduating, I am a terrified, naive 26 year old, only now I know law stuff and have a whole lot of super cool friends. When I started law school, I assumed I would have a job and a sense of security by the time I graduated. But for many law students, including myself, this just isn’t the case. Finding a job is hard. Figuring out how to pay for the bar, BarBri, and rent for June and July is hard. Saying goodbye to the friends (and enemies) you’ve made over the last 3 years is hard. But, it’s OK! We’re all gonna be OK. You younger 1Ls and 2Ls are gonna be OK. While law school has undoubtedly comprised some of the most stressful years of my life, it’s also been some of the brightest. From the day I entered UB Law, I was surrounded by a wonderful group of students, faculty, and staff. I’ll admit, I had my trepidations, we all did. That first day, when they broke us down into our tiny little 1L R&W sections, I looked around and wondered, ‘Who are all these freaks?’ As we bonded over veggie burgers and our mutual boredom, I realized that things would be OK. They were a swell bunch and I’ve remained close with a number of them. We study together, shop together, drink together, drink together, drink together. As the days turned to weeks turned to months turned to years, the support system expanded. Soon I had people to rely on and commiserate with in all the 3L sections. Then when the current 2Ls arrived, I met more great people, and this year, amongst you young 1Ls, I’ve once again met more great people. And this brings me, ever so slowly, to my point: The thing that makes law school survivable, bearable, and hell, at times, even fun, is YOU. I would not have made it through law school without YOU. Be it my 1st and 2nd year roommate, the fabulous Lauren Cutuly, or my crazy co-editor Mike Mann, or my fellow student government geeks, etc., I would not have made it without YOU. Be it sharing outlines, gossiping, representing Team Slacker, finals group dinners, co-editing this rag, or just being there to talk each other down, this is what makes UB Law great and why I wouldn’t trade it for anything else. So thanks UB Law and here’s to the future. I wish you all the best! The Politics of Hip Hop By Rick Johnson, ‘07 H ip hop music has been one of the voices of our generation since the eighties. It is the new soapbox, podium and arena for these Philosopher kings in fubu to holler about the concerns of their communities. As Public Enemy’s Chuck D once said, “Hip hop is the black CNN.” The rapper Mos Def also wrote, “Speech is my hammer, I bang the world into shape, now I let it fall.” From Jazz to Gospel to Blues, African Americans have always sought to express and share their feelings of their position in America. Hip Hop has also become a music Americans can share as Eminem declared in his song “Mosh,” “All you can see is a sea of people some white and some black, don't matter what color, all that matters we gathered together.” James Weldon Johnson once wrote, “American musicians, instead of investigating rag-time, attempt to ignore it, or dismiss it with a contemptuous word… Whatever new thing the people like is pooh-poohed; whatever is popular is spoken of as not worth the while.” Hip Hop has also been influential in profound ways within the last few decades yet like ragtime has been ignored. There is a great amount of wisdom found within Hip Hop. As late Biggy Smalls once said, “stereotypes of a black male misunder- stood but it’s still all good.” Biggy on another occasion stated his frustration about limited stereotypical roles of a black man in American when he said, “The streets are a short stop, either you slingin’ crack or you got wicked jump shot.” Similarly, as Tupac Shakur once said, “When did I ever say I was a gansta W.E.B. DuBois wrote, “To be a poor man is hard, but to be a poor race in the land of dollars is the very bottom of hardships.” However, Hip Hop has also seen some conservatism. For example, Tupac Shakur told black mothers to “Keep Ya Head Up.” Tupac’s optimism sounds strikingly similar to that of the black conservative Booker T. rapper? Is Al Pacino a gansta actor? Hip Hop can be considered radical in much of its philosophy as Tupac Shakur said in his song “Me against the world” or Public Enemy’s criticism for Reganomics. Tupac has also stated, “Being born with less I must confess, adds to of all the stress.” Similarly, the black intellectual Washington’s statement, “No race that has anything to contribute to the markets of the world is long in any degree ostracized.” Jay-Z declared his “spirit of capitalism” in his song “Things that I Do” featuring Maria Carey stating, “Crazed and demonic, without blazin’ chronic, a product of Reaganomics.” Many critics of Hip Hop often talked about its glorification of drugs, sex, and violence. Yet, as Outkast says, “we missed a lot of church, so the music is our confessional.” Hip Hop is not simply about the dark sides of the African American experience. As Nas declared on his album God’s Son in his song “I Can” telling black children, “Smart boys turn to men and do whatever they wish. You don’t have to be ganstas. Read more, learn more change the globe. Ghetto children do your thing. Hold your head up little man you’re a king.” Public enemy said in “He Got Game” “It may feel good or sound a little somethin’ but damn the game if it don’t mean nothin.” I conclude with W.E.B. DuBois’ sentiments on the power of music, “Through all the sorrow of the Sorrow Songs there breathes a hope—a faith in the ultimate justice of things. The minor cadences of despair change often to triumph and calm confidence. Sometimes it is faith in life, sometimes a faith in death, sometimes assurance of boundless justice in some fair world beyond. But whichever it is, the meaning is always clear: that sometime, somewhere, men will judge men by their souls and not by their skins. Is such a hope justified? Do the Sorrow Songs sing true?” Letter to the Editor Dear Editor: While reading “Class Rivalries” by Steve Scibelli (Dec. 2005), I was fairly shocked at the comparison of the purported 2L-3L rivalry to that of Israel and Palestine. The placement of this conflict in a list of rivalries including two cities, two brands of soda, and two spent celebrities further baffled and, frankly, upset me. Given the role of careful analogizing in legal education, it surprised me that a law student would use an analogy so flippantly, especially one involving a conflict with such serious consequences. More serious, I would argue, than the Red Sox-Yankees rivalry alluded to in the article. While I understand that the intention of the piece was comical and the context of the analogy light, it seems to me that callous references like the one in “Class Rivalries” serve to desensitize the readership to the severity of those conflicts and eventually make them seem as commonplace and acceptable as, well, Coke and Pepsi, or Boston and New York. Although this letter stems from Scibelli’s piece, I do not mean to single out this author – I have heard many more abuses of analogies on this campus. It appears to be a reflection of a trend that extends beyond this campus. Two recent pieces in the media draw attention to this rampant misuse of analogies. An editorial by Adam Cohen in the New York Times last year (“An SAT Without Analogies is Like: (A) A Confused Citizenry” The New York Times, Section 4, p. 10, March 13, 2005) noted the disturbing trend of misused analogies in public discourse, and the perhaps poor decision of the College Board 4 to eliminate analogies from the SAT in this climate. The piece provided examples of the likening of the estate tax to the Holocaust and the attacks on Enron to the terrorist attacks on the United States. An episode of The Daily Show with Jon Stewart last spring included a report entitled: “Someone disagrees with you? Compare ‘em to a Nazi. Works like a charm. A Hitler charm” (The Daily Show With Jon Stewart, June 14, 2005). The Stewart piece focused on Members of Congress (from both sides of the aisle) and members of the media who repeatedly compare Congressional activities (for example, a change to a parliamentary filibuster rule) and national events to the Holocaust. It also showed one politico who compared Terry Schiavo’s husband to a Nazi. I don’t consider myself to be someone who takes herself (or others) too seriously, but I do take the deaths of Israelis and Palestinians seriously. In Cohen’s piece, he notes the simple advice of one of his law school professors: “All things are alike in some ways and different in other ways.” I would suggest that perhaps law students should resist this current trend and exercise a bit more care in seeking similarities without entirely disregarding the differences that prevent their analogies from being appropriate, much less illuminating. Sincerely, Rachel Hezel Class of 2007 Editor’s Note: This letter was submitted in February 2006. �The Opinion May 2006 Disparity between Male and Female Partners By Amy E. Wong A CEO wants a guy with shared experience and values, a guy, say, who gives him putts within three feet,” Peter J. Solomon, founder and chairman of his own investment company, told the New York Times. Executives often promote like-minded people, mostly Caucasian men, to positions of authority. This inclusiveness also extends into the legal world, where partners, who are predominantly men, promote those who also believe in working long hours, networking at golf courses, and generating more cash. This clash of ideology means that women associates rarely attain partnership. The National Association for Law Placement (NALP), a career resource for lawyers and law students, revealed that 83 percent of partners at major law firms were men in the year 2005. Only 17 percent were women. This is startling news considering that, according to EEOC, the number of women and men graduating from law school and working as associates has been equalizing during the past few decades. This trend, as outlined in the Philadelphia Business Journal, has nothing to do with social trends, company policies, or ethical considerations. It is an issue of economics. Michael M. Boone, a founding partner of the law firm Haynes and Boone, said in an article in the New York Times, “Forget about skin color or gender or whatever. If you want to run a great business, you need great, talented people. And I don’t care if I’m hiring Martians if it makes good business sense.” Carolyn Elefant, a blogger at www.myshingle.com, wrote, “The problem with large firms is that everyone, male and female, is held to an equal standard: generate more billables, bring in more revenue.” The ABA found that when law firms expanded in scope and size during the 1990s, partners began relying on billable hours as a measure for charging clients and assessing individual lawyers’ productivity. Billable-hour requirements have created a competitive and cutthroat environment, where lawyers feel obliged to work long hours. The ABA Commission reported, “The unending drive for billable hours has had a negative effect…on family and personal relationships.” As a result, “many young attorneys are leaving the profession due to a lack of balance in their lives.” However, more women are leaving law firms than men. This may result from the fact that women are paid less. According to a Diversity & The Bar article, Caucasian males earn $250,000 more than their Caucasian female colleagues. These paychecks, the article suggests, “seem to reflect attitudes that say that one person’s contribution is more valuable than another’s, even though they do the same job.” Paul Williams, general counsel at Major, Lindsey & Africa, noted in a Diver- sity & The Bar article that because the average tenure of women is shorter than that of men, their compensation tends to be lower. In what amounts to a catch-22, women leave because their salaries are lower, but don’t stay long enough to receive higher salaries. Martha Fay Africa, managing director and founder of Major, Lindsey & Africa, suggested in a Diversity & The Bar article that women do not ask for money as aggressively as men do. Research, Africa notes, shows that women frequently do not actively seek the best assignments and often receive routine work that does not develop their skills. Consequently, women are not promoted to partnership. Caucasian men, who are often more aggressive than women, have a higher likelihood of being promoted to partner. There are other contributing factors that block a woman’s promotion in law firms. Several Minority Corporate Counsel Association (MCCA) studies reveal that the economic pressures that come with billable hours limit a partner’s time. As a result, partners rarely have the time to mentor young associates. Those who are mentored, however, tend to be men. This is because male partners are reluctant to enter into mentoring relationships with women. The New York Times says, “Why is a woman who hunts down her male boss for a chat seen as overly aggressive or possibly flirtatious, while a male doing the same thing is seen as merely am- bitious?” Another factor that explains the disparity is importance of networking. For attorneys, networking is the opportunity to generate business by nurturing strong social relationships with their clients. A 34-year-old white female attorney wrote in her blog, The Happy Feminist, “This can be hard if you’re a woman and the clients are men. It can be awkward to go out to dinner or drinks with an opposite-sex client. Also, a lot of firm-client socializing involves attending sporting events or playing golf.” There are many factors that can be attributed to the disparity between the number of female and male partners. In any case, it boils down to a struggle of ideology. Are women willing to leave their children at home while racking up billable hours? Are male clients willing to socialize with female attorneys? Are partners willing to find the time to mentor young female associates? In order to retain female lawyers and cultivate female partnerships, female associates and their firms have to meet halfway. Melissa Lafsky, author of www.opinionistas.com, wrote in her blog, “I do think that firms can start by focusing less on the ‘female problem’ of retaining women and more on the overall task of not creating a shitty environment for the vast majority of people who walk through the marble lobby. Practicing law didn’t used to be considered a hollow, UB Law Alumni to Honor Five at Annual Dinner Graber ‘78 F ive graduates of the University at Buffalo Law School will receive Distinguished Alumni Awards for their valuable contributions to the legal profession and community at the 44th annual UB Law Alumni Association meeting and dinner to be held at 6 p.m. May 10 in the Hyatt Regency Buffalo. “We are fortunate at UB to have such remarkable alumni. This is an exceptionally worthy group of recipients. Their leadership and accomplishments have contributed enormously to our Law School, community and legal profession,” said UB Law School Dean Nils Olsen. The dinner also will mark the end of the Law Alumni Association’s membership drive for 2006-07. Alumni who have not renewed or joined the association for this year are requested to send in their $50 dues to the Alumni Office, 312 O’Brian Hall, Buffalo, N.Y. 14260. Awards will be presented to: * Hon. John P. Lane, Justice of the New York State Supreme Court, will be honored for his conscientious and diligent performance in the judiciary. A 1953 graduate of the UB Law School, Lane served as Amherst town attorney for 25 Schietinger ‘85 Fine ‘68 years prior to assuming the bench in 1996 as a judge on the Court of Claims. He moved to the Supreme Court, Eighth Judicial District, in 2000, where he is supervising judge of civil cases. He resides in Williamsville. * Garry M. Graber, partner, Hodgson Russ LLP, will be honored for his leadership by example as a private practitioner. A 1978 graduate of the UB Law School, Graber has more than 25 years of experience in bankruptcy and corporate restructuring, commercial and corporate litigation, and general business law. President of the Upstate New York Chapter of the Turnaround Management Association, he also is a past president of the Bar Association of Erie County; past chair of the Bankruptcy Committee of the New York State Bar Association Section on Business Law; past president of the Volunteer Lawyers Project, Inc., and past president of the UB Law Alumni Association. He teaches a course on Chapter 11 Bankruptcy in the UB Law School. He resides in Orchard Park. * Hon. Elena Cacavas-Schietinger, administrative law judge, New York State Public Employment Relations Board, will be honored for her commit- 5 Greene ‘74 ment to public service. A 1985 graduate of the UB Law School, Cacavas began her career with the law firm Hodgson Russ, where she became a partner and earned a reputation for being a knowledgeable and accomplished labor-and-employment lawyer. After relocating to New York City, she was appointed by former Gov. Mario Cuomo to her present position. She has served with distinction in that position for 12 years. She now serves on the UB Law School’s Dean’s Advisory Council, has raised a substantial amount of money for breast cancer research and teaches at her church. She resides in Manhasset, N.Y. * Christopher T. Greene, managing partner, Damon & Morey LLP, will be honored for his many contributions to the betterment of the community. A 1974 graduate of the UB Law School, Greene is a member of the firm’s business and corporate, health care and international practice groups. Active in a number of charitable and civic organizations, he formerly was the chairman of the board of directors of the Hauptman-Woodward Medical Research Institute and currently serves as chairman of the Hauptman-Woodward Foundation. He is a board member for the Buffalo Niagara Medical Campus, the Buffalo State College Foundation and the National Conference for Community and Justice - WNY Re- Lane ‘53 gion. He also serves on the Law School’s Dean’s Advisory Council. He resides in Buffalo. * Robert P. Fine, managing partner, Hurwitz & Fine P.C., will be honored for his exemplary performance in business. A 1968 graduate of the UB Law School, Fine has extensive experience in the purchase and sale of business entities, including stock and asset transactions; business valuation, and in transactions involving major financial institutions, including industrial bond matters. Former vice chair of the board of directors of the Roswell Park Cancer Institute, he is secretary of the Erie County Industrial Development Agency, the Buffalo and Erie County Regional Development Corporation and the Buffalo and Erie County Industrial Land Development Corporation. Fine is a former president of the Law Alumni Association and The Buffalo Club. He also serves on the Law School’s Dean’s Advisory Council. He resides in Williamsville. For more information on the dinner, contact the UB Law Alumni Office at (716) 645-2107 or email at lawalumni@buffalo.edu �The Opinion May 2006 More Opinions and Commentary Pick up Exeunt Omnes By Steve Scibelli, ‘06 T Your Law School he pretentious title above is Latin for “exit all.” I would be less melodramatic about the exit of the class of 2006 except for that (A) I’m Italian and we’re very emotional by nature and (B) law is a pretty huffy industry anyway, so snooty Latin is par for the course. Anyhow, I’d like to say a couple of words about the law school experience to be a mentor of sorts to the classes of 2007 and 2008. Five-hundred words to be exact — since that is all my editors see fit to give me. First, there’s this issue of schoolwork in law school. Ok, ok, I admit to actually putting effort in first year. After that, well let’s just say I’ve beaten Snood on Evil and played enough Party Poker to get free gifts in the mail (they sent me a nice hat). When you see me typing in class, I’m not writing about the 90-day notice requirement for claims against municipalities, I’m punking down some tween from Iowa who went all-in against me with his top pair when I flopped a set. Step up your poker game, son. This goes out to all the first and second year students: just get a decent outline and take the rest of the semester off. Tucker Max spent his 2L spring semester in Cancun while still enrolled. And he went to Duke --- a real law school. I’m just saying. Also, no talk about law school life would be complete without mentioning the social scene. I can’t really tell you who to be friends with, but I certainly can tell you where to have these friends. A note to law students: Amherst is a nice area where deer run free and rainbows abound. The actual city of Buffalo --- not so much. Something about “the Chip” turns spiky-haired Circuit City clerks into gladiators of the night. You’re more likely to get sucker-snuffed by some white trash from Niagara Falls then you are to get lucky. So stick to dinner parties with law students. At least at the dinner party, you can rest assured you are the meanest mutt in that piece. Fashion: do you have to look like you got dressed in your grandfather’s closet with your eyes closed? You’re still relatively young and not yet gainfully em- ployed. So relax a bit and stop with the business attire. Physical Fitness: the UB gym is a craphole. Anyhow, along with the 3 flat benches for a school of 30,000, I’ve never seen more meatheads packed into one filthy hole than this dump. These juice-weasels have shot so many ‘roids’ that they’ve gone bald by 19 and have testicles the size of Tic-tacs. As for the females, they wear full make-up while pretending to move on the elliptical. I guess you’re not worried about runny makeup when you won’t be sweating anyways. Trust me, just drop the $30 a month and join the BAC. I would be done ranting and raving Lewis Black style, but I have one more grievance to air: Canadians. I think it’s appropriate to conclude with some thoughts of a buddy at GW Law: “In Canada it is always winter. Sometimes the sun never rises in Canada. Harp seals abound until they are brutally slaughtered by Canadians. They worship maple syrup, hockey, and Alanis Morisette. I hate Canadians.” Yearbook Today! 101 O’Brian Hall Only $5 Scrapbook 2006 6 �The Opinion May 2006 Immigrant Detention Resembles 1980s Drug Policies T he growing prevalence of detention as a policy within the U.S. immigration system is strikingly similar to policies of criminal sanctions and mass incarceration used to fight the “war on drugs” in the 1980s, according to University at Buffalo Law School Professor Teresa A. Miller, who studies the U.S. prison system and teaches immigration law. “The result of these policies in the 1980s and ‘90s was the wholesale overincarceration of African-American males, resulting in the ‘browning’ of American prisons,” Miller says. “The current debate over legislation criminalizing illegal, and overwhelmingly Hispanic, immigrants reflects American anxiety over the ‘browning’ of the U.S. due to Mexican and Latino immigration over the past 40 years,” she adds. As the debate wages and policies of felonization, deportation and amnesty are considered, Hispanics are at critical crossroads for their future in America, says Miller, who has lead law students on tours of immigration detention centers. “The question from my perspective is whether immigration control be- comes a tool used to channel a large percentage of low-income Hispanics into the prison system or out of the country, as low-income African Americans were channeled into the prison system and internally exiled in the 1980s,” says Miller. Under deportation law, non-U.S. citizens get even fewer constitutional rights than criminal defendants, making immigration law reform an attractive option for exporting what is seen as a growing domestic problem, Miller points out. To address the Prof. social, economic and political impact of the convergence of immigration and crime control, also known as “crimmigration,” Miller held what might have been the country’s first conference on the topic on April 28-29 at UB’s Baldy Center for Law and Social Policy. “Merging Immigration and Crime Control” featured commentary from several prominent experts on immigration. Unlike the movement to criminalize illegal drug use in the 1990s, which was supported by a “tough on crime” message that was attractive to many American voters, the current immigration reform proposals are far more politically divisive, even within the ranks of liberals and conservatives, Miller says. “Bill Frist’s proposal to fine employers who hire illegal workers works against the interests of agribusinesses who employ Miller large numbers of foreign workers, many of whom are illegal,” Miller says. “Yet in the context of a country steeped in 30 years of ‘get tough’ rhetoric, amnesty doesn’t sit well even with many liberal voters. “The compromise that was brokered late last week took the felonization of illegal aliens off the table, but moved the position of liberal Democrats who initially favored amnesty far to the right, supporting instead fines and requirements that seemed Draconian only a few years ago.” According to Miller, the failed Senate compromise on an immigration reform bill, and the mass protests that occurred a few days later, have injected political uncertainty into the debate. This may produce continued movement away from reforms that emphasize detention and incarceration and focus the debate instead on addressing economic factors that encourage illegal immigration. “I know that increased punitiveness in criminal severity is not going to stop people coming here illegally. Locking up drug dealers did not stop drug trafficking; locking up illegal immigrants is not going to stop their flow into the U.S.,” Miller says. “But what it will do is grow another prison system, making the state liable for the care of many more prisoners, and that’s going in the wrong direction.” Taking on Torture Baldy Center retreat hears from UCLA law scholar T he difficult and politically explosive issue of torture took center stage for the 12th annual Baldy Center Retreat, an annual celebration of the work of UB Law School’s interdisciplinary studies center. The retreat, held Dec. 14 at the elegant Saturn Club in Buffalo, gathered nine Baldy Working Groups for planning purposes. Professor and Baldy Center Director Lynn Mather recognized such significant initiatives as the Arts Management Program; the Institute for Local Governance and Regional Growth; the Jaeckle Center for State and Local Democracy; and the Center for Urban Studies and its HUD Community Outreach Partnership Center. Continuing a tradition of seeking out the best in challenging new scholarship, the center invited as its keynote speaker Richard L. Abel of UCLA Law School. Currently on sabbatical in New York City, working in the Center for Constitutional Rights, Abel was a founding editor of the journal Law & Policy, published by the Baldy Center. At UCLA, he also is faculty coordinator for the Public Interest Law Program. Abel’s address, titled “Legalizing Torture,” sprang from his 58-page academic paper of the same name, a paper that begins: “The Bush administration’s reaction to 9/11 has profoundly compromised America’s fidelity to the core of political liberalism - the rule of law. The president and his Cabinet and lawyers have embraced torture, kidnapping and indefinite detention without the right to a trial, counsel or to confront accusers.” Abel began his remarks with a quotation from poet W.H. Auden: “The Ogre does what ogres can, Deeds quite impossible for Man, But one prize is beyond his reach, The Ogre cannot master Speech.” In other words, he said, we need to ask the question: “Under what circumstances, in what ways, and to what extent is the law capable of modifying the power of the state?” Abel spoke of his experiences in South Africa, where he visited five times in five years in order to look at the ways lawyers and judges participated in governing during the first years following the fall of the apartheid regime. Prof. Makau Mutua with Prof. “There was no written constitution or bill of rights. There was no judicial review. There were almost no black attorneys or advocates,” he said. “Nevertheless, law did make a difference.” In the United States, he said, “it would seem as though law would be more and more capable of resisting tyranny in 7 our country.” But, he said, the power of the law has been tempered by “attempts by the Bush administration to redefine the legality of a wide variety of practices” in the years since the terrorist attacks of Sept. 11, 2001. For example, Abel said, a series of memos in the executive branch “declared that al-Qaida and the Taliban were outside of judicial intervention.” Similarly, the claim was made that the American-run de- the immediate aftermath of 9/11 in New York City, roughly 1,000 men of color were rounded up and then housed in detention centers in Brooklyn and New Jersey. The conditions there were worse than in American prisons.” Abel cited the infamous instances of psychological and physical abuse at Abu Ghraib, which involved the use of dogs and in some cases forced detainees into degrading sexual situations. “Abu Ghraib was a gift to this nation because it was an aberration,” he said. “It was the behavior of juvenile and inadequately trained and probably pretty pathological people, engaging behavior that was probably beyond what was authorized.” At Guantanamo, Abel said, U.S. lawyers face enormous obstacles if they seek to provide representation to detainees. There is, for example, “the enormous difficulty of gaining the trust of detainees and their families.” Guards at the facility, he said, will approach a detainee after a lawyer visits and aver that the lawyer was Jewish - “and if word gets out that you, a Muslim, are being represented by a Jew, nobody will believe you.” Some detainees, Abel said, have told their lawyers that “every time you come down here, when you leave we are punished.” Adding a further obstacle, he said, detainees have asked for access to an Arabic-English dictionary so they can read legal papers - but the request has been denied. “The reasoning,” he said, “is that, if Richard Abel of UCLA Law School their English improves, that is a tention facility at Guantanamo Bay, Cuba, is security risk, because they will be able to understand more of what their guards are outside the United States and therefore not saying.” subject to U.S. law. Following Abel’s remarks, UB Law The practice of detention, Abel said, has been particularly problematic, with alle- Professor Makau W. Mutua and Associate Professor Brenda L. Moore of gations of the use of torture against detainUB’s Department of Sociology offered ees at Guantanamo, in Afghanistan and at the Baghdad prison called Abu Ghraib. And respondent comments. detention happens at home, too, he said: “In �The Opinion May 2006 Tips on Transitioning from School to Work By Amy E. Wong I f you’re about to graduate, there are a few things that you should know before you step out into the job market. First and foremost, it’s completely different from school. Let’s face it. Law School breeds a lot of nasty habits, such as blowing class off because you just don’t like it, sneaking into the back door of a lecture hall because you’re an hour late, and slouching in your chair to show your professor that you’re bored out of your mind. You should start changing those old habits by replacing them with proper business etiquette. They may be painful changes, but the sooner you get used to them, the better. A Boston Globe article documented the trials of a young law school grad searching for her new job. After tentatively accepting a job proposition, 24-year-old Dianna L. Abdala declined the job and said, “The pay you are offering would neither fulfill me nor support the lifestyle I am living.” The hiring employer, 36-year-old William A. Korman, replied by saying that her decision to decline the offer via email “smacks of immaturity and is quite unprofessional.” In another email, he wrote, “Do you really want to start pissing off more experienced lawyers at this early stage in your career?” Abdala closed the exchange with three curt words: “bla bla bla.” If you want to work with others, your ability to cooperate is crucial. It may sound obvious; but employers are looking for candidates who are not only qualified for the position, but also pleasant, organized, and dependable. Inc.com, a resource for entrepreneurs, has a couple of tips that you might want to keep in mind when transitioning from school to the workplace. Watch your language. Barry Wellman, sociology professor at University of Toronto, found that email makes people less inhibited and more prone to conflict. Because emails lack body language and vocal inflections, they are often misconceived. When composing an email; be positive, straightforward, and polite. Make personal connections. Albert Mehrabian, a UCLA psychology professor, found that 55% of a conversation’s meaning comes from facial and body language; 38% comes from vocal inflection; and 7% comes from the words themselves. Face-to-face interaction is important when creating bonds. It is your opportunity to make a good impression. So speak clearly, be tactful, and maintain good eye contact. Be honest. Most employers will take the time to train recent grads. Don’t be afraid to express your goals, uncertainties, and capabilities. It is far more efficient to say “I don’t know” in the beginning than “I don’t know” in the end. Moreover, honesty has been and still is an admirable quality when expressed in a tactful way. Respond; don’t react. If you are angry or frustrated, don’t just blow up. Wait 10 seconds, take a deep breath, and then try to express your feelings in a rational way. Venting will only aggravate other people. Most likely, you will encounter many stressful situations in the future. Employers want to know that you can handle stress in a calm, collected manner. Be an active listener. Conversation may be boring, but try not to zone out. Concentrate on what the speaker is saying. Exercising patience and keeping an open mind will allow you to see the importance of another person’s ideas. Show that you are mentally engaged by periodically reframing key points (“So what you mean is…”) and giving feedback (“In my opinion…”). Understanding and participating are key factors to good communication. Follow through. If you say you are going to do something, act on it. If you can’t follow through, have the courtesy to explain why you can’t keep that promise. The last thing you want is people pegging you as an unreliable liar. Remember, the workplace is a cooperative workplace. People count on you. Change is stressful for everyone. As a college student, you are probably used to autonomy. You write papers, take tests, and attend lectures. As a working professional, though, you work in a community full of other working professionals. People are all interconnected. You want to assure your potential co-workers that you are not only proficient, but also reliable. Abdala wrote “bla bla bla” when she declined her job offer. There are many places where she probably went wrong, ranging from her lack of tact to her poor communication skills. Abdala now works alone by renting space from a lawyer on Franklin Street in Boston. As a college student, you will most likely be entering the work force after you graduate. If, by chance, you decline a job offer in the near future, keep in mind that the market is small. You will probably bump into the same people time and time again, so be honest and tactful about why you are declining a job. Forget all the generalities about goals, interests, and career objections. Your honesty will be appreciated, and you might even receive a better job offer — Lawcrossing.com. Mr. Trynosky Goes to Washington Wins a spot in Presidential Management Fellows program A UB Law dual-degree student is on his way to a posting in the federal government after having won a spot in a highly selective program that seeks to attract top candidates into government service. Stephen K. Trynosky, who in May will complete his dual degrees in law and public health, is one of 550 people chosen to become Presidential Management Fellows for 2006. About 3,500 hopefuls from 167 graduate institutions applied for the program. Trynosky was introduced to the Presidential Management Fellowship program in summer 2004 when he was a public health law fellow at the federal Centers for Disease Control and Prevention. The program was created by President Jimmy Carter in 1977 and modernized in 2003 under President Bush, who said, “The purpose of the program is to attract to the fed- eral service outstanding men and women from a variety of academic disciplines and career paths who have a clear interest in, and commitment to, excellence in the leadership and management of public policies and programs.” It is administered by the federal Office of Personnel Management. The selection process involved a nomination by UB Law School Dean Nils Olsen, then an all-day assessment in Washington that came in three parts: a fiveminute oral presentation on a random topic with just 25 minutes to prepare the speech; a focus group in which judges observed the interaction among four nominees; and a 45-minute writing test, with only a dictionary as a resource. Trynosky, 29, says the “uniqueness of UB’s JD/MPH program” drew attention during the selection process: “Everyone kept saying, ‘Wow, what a neat combination of degrees.’ “ He is one of only two people from State University of New York schools chosen for the 2006 program. In considering what field they will pursue during the two-year appointment, Presidential Management Fellows interview with government agencies in areas that interest them. Trynosky has interviewed in two agencies with public health responsibilities: the office of the secretary of Health and Human Services, and the office of the undersecretary for legislative affairs at the Department of Homeland Security. When the fellowship ends, appointees can accept another job in federal government at an advanced level - GS-14, the second-highest level of government civil service. But most, Trynosky says, take the contacts they have made and go on to work in private practice, another level of government or a non-governmental organization. “It has benefits no matter what you plan on doing,” he says. “Government service is in my blood,” says Trynosky, who before law school served as medical service officer for the Army’s 10th Mountain Division at Fort Drum, N.Y., leading a platoon of 26 combat medics. His father is a retired urban planner with the New York City Department of Housing Preservation and Development; his mother is an early childhood teacher in Brooklyn. Having seen the work that goes on in health-related federal agencies, Trynosky says, it is clear to him that “the skills that UB is imparting in its JD/MPH students are exactly what is up and coming in this field. It is the perfect blend of legal background and policy background as well. Even if you are not directly working in health care, a lot of policy issues directly translate into defense or other issues.” The Docket Tuesday, May 2— Reading Group Discussion. Organized by the Baldy Center ClassCrits Working Group. Law Library Looseleaf Room, 2pm. (ekausner@buffalo.edu). Wednesday, May 3— OUTLaw Dinner, 10th Anniversary. Marriott, 1340 Millersport Highway, 6pm. (hmiller@buffalo.edu). Thursday, May 4— Buffalo Seminar on Racial Justice “Race, Class, and Historical Agency in the Modern World Economy: An African Diaspora Perspective” with Keith Griffler, UB African American Studies. 378 Crescent Avenue, Buffalo, 7:30pm. (ekausner@buffalo.edu). Wednesday, May 10— UB Law Alumni Association Annual Diner and Distinguished Alumni Awards. Honorees include: For Public Service — Hon. Elena Cacavas-Schietinger ‘85; For Community Service — Christopher T. Greene ‘74; For Business — Robert P. Fine ‘68; For Private Practice — Garry M. Graber ‘78; For the Judiciary — Hon. John P. Lane ‘53. Hyatt Regency, 5:30pm. (fleisch@buffalo.edu). Saturday, May 20— UB Law Commencement. Center for the Arts, 3pm. (saran@buffalo.edu). 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d2d5ac535f4559358af9f7f3d1063162.pdf 2136d6a3d6f1e2793fb174e69990e93b PDF Text Text Is Law Review the American Idol of Law School? One student ponders the thought. COMMENTARY ON PAGE 4 The Opinion Vol. 45, Issue 1 The Student Newspaper of the University at Buffalo Law School The Opinion Strikes Back! UB Law School community brings back historic paper THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 December 2007 2007 Jaeckle Award goes to departing Dean Olsen—story on page 2 From L to R, law students Patrick Krey, Olga Vinogradova, Kristen Ng, Jeff Colt, Anthony Leone and Eddie Gonzalez all contributed articles to this return The Illegality of Online Gambling By: Anthony M. Leone, JD‘09 Until recently, gamblers across the country were free to pursue their gambling habits legally on the Internet; however, the convenience of Internet gambling was recently eliminated by the Prohibition on Funding of Unlawful Internet Gambling. For gamblers, this law is surely an impediment on their ability to gamble from the comfort of their own homes, but in the face of ubiquitous means of localized and legalized gambling, is the federal ban really a deterrent or merely an inconvenience? It seems paradoxical that the government is promoting gambling through its support of casinos and lotteries, but undermining it by banning the same activities over the Internet. The alleged purpose of the federal ban on Internet gambling was to curb increasing consumer credit card debt that might be fueled in part by online gambling. Surely, however, online gambling cannot be the only means of driving consumer credit card debt through the roof. infra SBA President’s Corner ......... 2 Commentary…...............….. 2-4 The current economic boom is a testament to the increasing trend of gambling. New York State grossed over $7 billion in revenue during fiscal year 2006 from lottery sales. Also in the past year, Governor Elliot Spitzer backed a plan for a $600 million ―Las Vegas Style‖ Indian Casino to be erected in the Catskill Mountains. Even if Internet gambling were a major source of consumer credit card debt, it is unlikely that its ban will single handedly alleviate the problem in the face of so many alternative gambling options. Gambling continued on page 2 An Interview with the man behind the Free New York movement By Patrick Krey, LLM’08 James Ostrowski is an accomplished Attorney and writer who regularly contributes to the extremely popular website LewRockwell.com and is also the author of the controversial book, Political Class Dismissed, a must read for anyone looking to learn about Buffalo‘s political scene. He is also an adjunct scholar at both Canisius College and the Ludwig Von Mises Institute and directly learned about economics from the late, world famous, libertarian pioneer Murray N. Rothbard. Currently, James hosts the live call-in online radio show, PaleoRadio, on WnyMedia.Net Thursday at 1-2 PM (reruns available via web cast afterwards). The show covers both national and local poli- 1 tics in depth and from a libertarian perspective. Ostrowski continued on page 2 The forgotten front on the war on terrorism By Eddie Gonzalez, JD ‘09 I spy with my little eye something dangerous looming over the horizon. It is a country: predominantly Muslim with a growing number of extremists pressing for power. This country possesses nuclear weapons and borders the nation of Afghanistan. What‘s more, this country was only one of three who formally recognized the Taliban regime in Afghanistan. Syria? No. Iran? Warmer, but no! Give up? My eye spies the country of Pakistan. In 2003, during the early stages of Operation Iraqi Freedom, I had the honor of representing my university at the Student Conference on United States Affairs in the United States Military Academy. While there, I participated in a panel discussing the rise of radical Islam in the former Soviet republics of Central Asia. Repeatedly, United States military officials spoke of the instability of Pakistan, not Iraq‘s alleged weapons of mass destruction as the United States‘ most pressing danger. So, why is it that the United States props up red herrings like Iraq and Iran, and chooses not to focus its military and diplomatic might on a unstable nation that could make President Bush‘s ―mushroom cloud‖ scenario come true at any moment? As President Franklin Delano Roosevelt once said about a Latin American dictator, President Pervez Musharraf of Pakistan may be son of a b****, but he‘s our son of a b****. But what happens when that S.O.B stops being our S.O.B? Pakistan continued on page 3 I’m A Struggling Law Student- Why Should I Give You Money? By Kristen Ng, JD’11 Have you ever passed by a table asking for donations to ―Save Darfur‖ or seen the commercials asking you to make a donation for the cancer patients at St. Jude‘s Hospital? As a law student, it is oftentimes extremely hard to give money away, for personal or for financial reasons, even if the amount of money actually equals to about 3 cup of coffee at the café on the second floor of O‘Brian. What we do not realize is that we are so immersed in a consumer society that we forget how much of something we really do not need. Sure, Target seems to be a bargain hot-spot, but the purchases there add up to hundreds of dollars. A six pack of beer costs about six dollars, but depending on the amount you consume, well, it can definitely add up. If we look around our living areas there are plenty of items that we do not need. Charity continued on page 3 �The Opinion The Opinion December 2007 Volume XXXXV, Issue #1 Contibuting Editors: Patrick Krey, ‗08 Anthony Leone, ‗09 Eddie Gonzalez, ‗09 Jeff Colt, ‗10 Kristen Ng, ‗11 Olga Vinogradova, ‗09 The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at Cuzzin.Pat@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures provided by Lawcrossing.com are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. For questions, please contact the Editor-in-Chief. Gambling continued from page 1 Citizens in Buffalo manage to sufficiently satiate their gambling needs by sidestepping the Internet ban through numerous local means: casinos, lotteries and Quick Draw. Niagara Falls, Ontario, is home to the Fallsview and Casino Niagara, while downtown Buffalo‘s Seneca Niagara Casino, an Indian operated casino, is apparently not enough for the area, as the Indians are currently lobbying to open a second casino in Western New York. The possibilities for the public to gamble in state-tolerated venues around Buffalo are virtually limitless. Although it is illegal for a minor to purchase lottery tickets, it would not be difficult for a child to place money in a lottery machine in the super market and obtain a scratch-off lottery ticket. Additionally, almost every local bar contains a Quick Draw monitor, where one is able to choose from a sheet of numbers and bet money that his numbers will be drawn during the game. Oddly enough, the government is continually bolstering gambling by supporting casinos and lotteries, while at the same time banning Internet gambling. Online gambling in today’s society is a logical extension of casinos, just as shopping online for clothing is an extension of the modern mall. With so many means and methods to gamble, there is no reason for the government to limit another use of the Internet through a law based on the unfounded idea that online gambling has somehow hurt the average credit card consumer. Online gambling in today‘s society is a logical extension of casinos, just as shopping online for clothing is an extension of the modern mall. Favoring certain types of gambling and exercising unfettered control to limit online gambling makes no sense from a public policy perspective. If the government was truly concerned with the negative implications of gambling, it should stop allowing casinos to be built on sovereign land, and legislators should begin to limit the amount of gambling accessible at local shops, bars and grocery stores. During the early Twentieth Century, the prohibition of alco- hol was an idealistic but unreasonable public policy, failing because public demand for products will always find a way around unrealistic regulation. Similarly, successfully banning an activity that people have easy access to and high demand for is not probable. The popularity of casinos and lotteries demonstrates the high demand and unprecedented access that modern society desires. The decision to ban online gambling has proven ill-conceived. It has had little affect on the ―consumers‖ the government was attempting to protect. The ban should be lifted. Parting accolade by Ilene Fleischmann To mark one of the most successful tenures of any Law School dean, the UB Law School and the UB Law Alumni Association honored Dean Nils Olsen with the Edwin F. Jaeckle Award, UB Law‘s highest honor. The award came Nov. 13 at the Twentieth Century Club in downtown Buffalo. The Tuesday evening dinner and presentation was a departure from the traditional Saturday-morning event that is coupled with a Continuing Legal Education opportunity. Emceed by Margaret P. Gryko ‘77, president of the Law Alumni Association, the event featured a succession of speakers who highlighted aspects of Olsen‘s life and work – everything from his accomplishments as dean to his famously rumpled style of dress. Erie County District Attorney Frank J. Clark ‘67 told of a Dean‘s Advisory Council meeting at which University President John B. Simpson said, ―I cannot imagine the Law School without Nils Olsen as dean.‖ ―No one said anything. It was silent,‖ Clark said. ―Everyone just nodded. It was a given. It was black letter. Whenever you thought of the Law School, you thought of Nils. I cannot think of a higher compliment than that. ―When I think of him and the Law School, I see how the Law School reflects his personality in so many ways. Everything he has done, he puts his own personality into it. It is not just the school and the curriculum that is important to him, it is the students. Dean Nils continued on page 3 Opinions and Commentary Ostrowski continued from page 1 Locally, James Ostrowski is making waves with the research and public policy think tank, Free New York (composed of the Free Buffalo and Free Niagara County divisions). Free New York has stated its objectives as ―drastically reducing the size of government, fighting special interest group politics, concentrating political power in the individual and building a strong free market economic resurgence in communities while eliminating needless waste, economic development agencies and other entities whose policies have lead to the decline of the New York State economy and all regional economies across the state.‖ Bold goals, eh? That doesn‘t seem to slow down Jim and, if anything, it only seems to further encourage him. Free NY can take partial credit for one of their most recent accomplishments: the termination of the Bass Pro Project on the waterfront as part of their national campaign to expose corporate welfare. The tax revolt that gave birth to the Free NY movement can also be said to have assisted in the recent landslide victory of County Executive Chris Collins. Other projects of Free NY are to establish a Grover Cleveland Presidential library and museum in Buffalo as well as a Libertarian Hall of Fame. Free NY also recently made headlines with its posting of a billboard in Niagara County drawing attention to the highest property taxes in the U.S and a new billboard on the way talking about how ―Buffalo won the super bowl of highest taxes.‖ Mr. Ostrowski was kind enough to take over an hour out of his busy schedule to discuss Free NY, libertarianism and the national political scene with me. Jim’s book is a collection of his essays including his brutal critique of the political machine whose policies he contends have impoverished Buffalo and the Western New York region My first question was in regards to local politics being boring to the average UB Law student but his response was sympathetic. ―I know the feeling and for years, I was the same way until I started to get sucked into Buffalo politics more and once you realize how rotten it is, you get motivated to change it. I‘m still interested in national, state and local politics.‖ I asked him about the naming of his online show and the origin of the paleo moniker and his response was ―It‘s not meant to be taken real seriously but it refers to a point in libertarianism, after the cold war ended, when some libertarians wanted to form an alliance with conservatives. In my mind, it means radical politically but personally conservative. A lot of people mistake libertarianism for libertinism.‖ He added, ―A lot of libertarians have gotten corrupted by trying to succeed in Washington politics and kind have sold-out. Paleos are more hard-core. The others are beltway libertarians. We call them the liberventionists.‖ Jim continued on to speak of the Washington establishment Cato Institute wing of libertarianism who ended up ―without any power and have not accomplished a goddamn thing and you can quote me on that.‖ 2 1 Jim has a simple theory when it comes to political orthodoxy; ―pragmatism isn‘t practical.‖ Instead, by sticking to their principals, like he and others (i.e. Lew Rockwell and Ron Paul) have ended up prevailing and the Cato camp ―doesn‘t really have any influence, except on some billionaires who fund their institute.‖ In terms of reflecting on his political growth he said ―I was liberal when I was younger‖ (he actually campaigned for U.S. Senate hopeful Ramsey Clark – yeah, the guy who unsuccessfully defended Saddam after the U.S. occupation - and attended a fundraiser at SNL‘s Chevy Chase‘s apartment back in the 70‘s) ―but I grew out of it. I was a philosophy major and needed logic….it just got me and I have never gone back. I went from liberalism to libertarianism…and never made the stop at conservatism.‖ So then, what is the role for Government? “They’re just morons…they’re not smart enough to know how to make the world safer. They should just enforce the laws against murder, rape, robbery and trespass.” Then our conversation turned to local political issues and this is where Jim‘s passion really shines. I took 3 courses last spring that dealt with local issues and I did not encounter a perspective as unique and refreshing as Mr. Ostrowski‘s. Free NY offers a reverse regionalism. ―Democracy works fairly well in your own community, city, town, village and it really works badly at any other level. It‘s just a special interest/greed calculus; people voting for the candidate who they think will give them the most money. Metro government, regional government, basically just gives the elite more control. The elites are controlling Buffalo already and all the elite opinion likes metro government because, guess what, who do you think is going to control it? The average person has no control over who gets to be county executive. It‘s determined by whoever bankrolls the campaign so, sure, people with money and power want political power to be centralized because they are ones who are going to control it. My view is that if you‘re a populist; you have to favor decentralization of power. If you‘re an elitist, we know, of course, that you‘re for centralization of power because you feel like the elites will always be at the center of everything.‖ Free NY has stayed out of the Casino issue because of its complication and they have people on both sides of it but Jim did comment that the ―Indians have a Government monopoly on gambling…and, from a libertarian point of view, there shouldn‘t be any restrictions on gambling, and…the Indians wouldn‘t have any sort of monopoly.‖ Well, what about taxes? ―Free NY favors user fees over taxes…than general taxes and, theoretically, if you don‘t want the service, you shouldn‘t have to pay for it.‖ What about poor people who can‘t afford user fees? ―There will be a lot fewer poor people in a libertarian society. We‘re kind of tired of being asked about Ostrowski continued on page 3 �The Opinion December 2007 Ostrowski continued from page 2 Charity continued from page 1 what we will do with the poor. Our response is let‘s figure out why there are so many poor people. If we had more of a laissez faire economy, poor people could get a leg up and start a business without having to pay $10,000 in lawyers‘ fees and licenses and all that stuff. We need to change a lot of policies. We manufacture poor people just like we manufacture criminals. The welfare state destroys the family unit and the corporate state destroys the economy and the drug war gives them a chance to make a living as drug dealers. Ultimately, libertarians believe in charity for poor people who need assistance and, traditionally, in a wealthy economy people are very generous. There was a rich system of private help and charity for people before the New Deal and then the government just kind of killed it all off. We‘re not real generous right now because the government takes half our money.‖ As for us getting a law degree at an affordable rate. “There’s no such thing as a free lunch. The money has to be paid in taxes…your parents are taxed and you’re going to be taxed for the rest of your life.” So then, what is the role for government? ―They‘re just morons…they‘re not smart enough to know how to make the world safer. They should just enforce the laws against murder, rape, robbery and trespass.‖ But is Free NY realistic with all the unions and special interests keeping big government alive in Buffalo? Erie County is the biggest employer in Erie County. How can you convince people getting paid by big government that big government is the problem? ―Free NY has a lot of supporters who work for the government that know we‘re right. They know that things have to change. People can support us now while there is still time to change or they can look back in forty years and say ‗WNY has been completely destroyed and turned into a 3rd world country.‘‖ What about us SUNY students who are being educated by a partially state funded institution? ―It‘s a statist society. At some point, you‘re going to rub up against the government. My take is libertarianism is how society should be structured, it‘s not a guide to living in a statist society.‖ As for us getting a law degree at an affordable rate. ―There‘s no such thing as a free lunch. The money has to be paid in taxes…your parents are taxed and you‘re going to be taxed for the rest of your life.‖ Finally, as a UB Law Student, what can we do to Free NY? ―Take care of your own career and job and when you have time, get active as a volunteer and donate. Take care of your own thing first. There‘s nothing like a wealthy libertarian. Those are the people who fund the think tank.‖ You can check out and interact with James Ostrowski on the FreeNewYork blog. If James continues his recent successes, I believe someday WNY‘ers will be inducting him into the Libertarian Hall of Fame. The disparities between those in need and those who are scraping by are quite large. We read about it in the newspapers, on CNN.com, and from the undergraduate student interest groups that always seem to have different brightly colored t-shirts to distinguish themselves from the next group. Many people may feel turned off by actual people physically hounding them for money. Secretly, most people do want to donate money or help out in one way or the other, but the answer is always, ―I‘ll do it when I have the money to.‖ Thus, we have two situations here, compounded with their respective dilemmas. First, there is the person who thinks that they do not have the money, and is therefore not able to give away substantial cash. The answer for you folks? In our society, those who are not homeless will be able to eke out five or ten dollars. Of course, this does not mean every day. The five or ten dollars may be given yearly or even once every two years. And you know what the great thing is? Five or ten dollars is ALL it takes to feed a family in Africa for a week or two. Second, we have the person who does not want to get involved with a group (which would entail bi-weekly meetings, a brightly colored T-shirt, and a flooded inbox), but instead wants to give money at his or her discretion. The answer for this person is much easier than our previous example. Due to technology and the fact that we are living in the 21st century, the Internet holds (almost) all the answers to everything a person can ever need. And that includes searching for worthy causes dear to your heart. Almost all of these sites give you the option of donating online via credit or debit card. This means that you can donate money to a worthy cause in your underwear and that the only thing you need to move is your hand. Of course, if you are the type of person who likes to cut a check and snail mail it, due to the resonating good feeling it gives, these addresses can be found on websites as well. There are great causes for every spectrum of need out in the world. If you are concerned about international human rights, Millennium Promise and Amnesty International is for you. If you want your money to stay closer to home, Habitat For Humanity and Make-a-Wish are good causes. If you want to save the wilderness and animals, the Humane Society and National Wildlife Federation would love your help. As you can see, there is no end as to what you can do to help. Giving to a cause does not always mean giving to people; it can mean animals and your environment as well. Of course, I am not condemning those who do not want to donate. That is simply a person‘s choice. This little blurb is mainly for the people who want to donate, but think they have reasons as to why they cannot. So, the answer to why you should give money away is because, to you, the amount equals to a couple cups of coffee, but to the receiving end, it means a few extra chances at survival, whether it is human life, animal, or the environment. Opinions and Commentary Pakistan continued from page 1 In recent weeks, Musharraf has instituted emergency rule in Pakistan. In particular, he has suspended the constitution, making it and the rights it professes irrelevant, and replaced the Chief Justice of Pakistan‘s Supreme Court, Iftikhar Muhammad Chaudhry, with Abdul Hamid Doger, a proMusharraf justice. President Musharraf cites the need to eradicate the threat radical Islam as his reason for taking such dramatic measures. At first glance, President Musharraf‘s rationale for martial law appears legitimate. First, President Musharraf has been the target of at least three assassination attempts. Second, it is suspected that Al-Qaeda and the Taliban are safely harbored in the lawless Pakistani region of Warziristan. So, why then is President Musharraf‘s military muscle clubbing members of the civil society - lawyers, journalists, and politicians, rather than pacifying Warziristan? Most experts on democratization will agree that a healthy civil society is necessary in order for a democracy to exist and remain viable. Instead of entering Warziristan and going after Al-Qaeda, President Musharraf continues to club lawyers, keep politicians and justices on house arrest, and do TV interviews to ease the minds of Western viewers. The people of Pakistan know this. They also know the United States is keeping Musharraf afloat. It seems President Musharraf isn‘t the ally we would hope, but merely another thug in uniform who is doing all he can to stay in power, while tarnishing the United States‘ legitimacy in the eyes of disenfranchised citizens. In such a scenario, the possibility of Al-Qaeda germination is highly likely. Wouldn’t it be refreshing if we supported someone we didn’t have to wash our hands after shaking? Wouldn‘t it be refreshing if we supported someone we didn‘t have to wash our hands after shaking? We have a proud history of supporting Trujillo of the Dominican Republic, Batista of Cuba, the Shah of Iran, Saddam Hussein, and Mubarak of Egypt. Granted, the situation in Pakistan is dire. Pakistan has nuclear weapons and extremists are pressing for power. Moreover, the only viable replacement, Benazir Bhutto, a former prime minister, is writhe with allegations of corruption. In this almost hyperbolic mess, we may have to continue supporting President Musharraf, who at least has the loyalty of the military, rather than support Bhutto, who is hated by both the military and Islamic terrorists. The United States needs to adopt a new foreign policy. This can be done in a number of ways, whether you are an isolationist or interventionist. What if we 3 attached actual strings to aid? For instance, in exchange for aid, nations must agree to eradicate corruption and institutionalize fundamental human rights. Or, for the isolationists reading, what if we just adhere to the advice of President George Washington and stay out of foreign entanglements altogether? Either of these principled alternatives is better than the status quo: a murky pragmatism that preaches democracy, while paying off crooks and thugs. Without fundamental change in our policy, the result will be further resentment and hatred from the global community that suffers in the name of pragmatism. Dean Nils continued from page 2 ―If he has always been there for me, I can imagine over the years how many students have turned to him for those very same things, always to find him right there, more than supportive, more than encouraging. And what a wonderful legacy that is, perhaps his greatest legacy. A personal relationship, teacher to student, year after year.‖ School of Management Dean John M. Thomas, a 1976 UB Law graduate, spoke about the collaboration between the two schools, which includes a thriving JD/MBA joint degree program and a joint program in international finance and banking in New York City. A third program, in arts management, is run in conjunction with the College of Arts and Sciences, and in that Thomas highlighted the contributions of ―the other celebrated Olsen at UB‖ – Dean Olsen‘s wife, Sandra, director of the UB Art Gallery. ―Nils‘ legacy at the University has been his leadership in linking the professional schools to other schools and departments,‖ Thomas said. ―Nils has led the way in making sure that UB is a university that can take great pride in the extent to which it values collaboration across academic boundaries. It has been a real leader in that.‖ Speaking on behalf of the law faculty, Charles Patrick Ewing, SUNY Distinguished Service Professor, noted that scholarly productivity and community service by the faculty have reached all-time highs. ―With your guidance and your motivation,‖ he said to the dean, ―we have become one of the most intellectually productive and respected law faculties in the country. That is no exaggeration. Nils has figured out exactly what strings to pull to motivate us, to reward us; he knows when to prod us; and most important of all, he knows when to get out of our way. He is not a boss but a colleague.‖ Ewing also noted Olsen‘s success in rebuilding the loyalty and involvement of the school‘s alumni: ―He has done everything imaginable to make our alums feel part of their alma mater. He was able to reach out to the alumni in large measure because he is a lawyer and has been in the trenches. Nils is someone who speaks the language of practicing lawyers, knows his way around the courtroom, can tell and appreciate a good legal war story, and is a true professional role model for our students and our alums.‖ Dean Nils continued on page 4 �The Opinion December 2007 Cyclops, Law Review and Other Myths — Written by Jeff Colt, JD ‘10 without sobbing in futility about all the cash and Pavlovian flirting with the giggling hostesses/actresses you‘re missing out on. Maybe you came for the deific contribution to equality and justice you plan to make. There are nine Supreme Court justices. You‘re not one of them, and you‘re not going to be one of them. Honestly. I don‘t care how well you did on your memo. It was ONLY A MEMO. I know that after the nomination of Harriet Miers, it was no longer the surprised few from Regent University of Law (a fourth tier school with a bar passage rate so low it makes the limbo seem like the high jump, yet whose alumni enjoy an unusually brisk hiring rate from the Bush administration) who started to spin in front of the mirror, draped in a black velvet piano cover cloth, waiting for their chance to ―finally fix‖ Roe v. Wade. But even that opportunity is now only one election closer to being yanked away. I worry a lot these days. The current United States debt is a little over 5 trillion dollars, and our dollar has been stomped by even the Canadians. You heard me, the Canadians. Our prime energy source is officially running dry and we haven‘t found anything to replace it with. I don‘t even think we‘re looking anymore. Either SARS, Avian Flu, the Superbug, or some insanely messy pandemic hemorrhagic hybrid fever is heading our way, if not this year, then next. Maybe 2009. 2010 at the latest. And if scientist, James Lovelock, and my November issue of Rolling Stone—the one that features a grinningly oblivious Bruce Springsteen on the cover—is right, global warming will kill six billion of us in a little over 90 years. Six billion, isn‘t that all of us? There are nine Supreme Court justices. You’re not one of them, and you’re not going to be one of them. Honestly. I don’t care how well you did on your memo. It was ONLY A MEMO. That‘s not the half of it. I‘ve started to lose more than just a little hair and I‘m running out of hats a man my age can reasonably get away with. The last three women I asked out said no. Actually, two said no and the other one said she never got my phone call, even though I‘d asked her out in person. I‘m pretty sure my dog Sam is thinking of leaving me—last week I came home to find paw prints on my computer and Internet history that showed access to my online banking. Also, I think my right eye is now larger than my left and still growing. Unless Darwin predicted that Cyclops is an evolutionary inevitability, I‘d better see a doctor about it and soon. But the worst problem is I may not make Law Review. Does it matter? Maybe… So, why am I here, in the midst of all this law school panic and paranoia and uncertainty and fear of failure? I‘m talking about mine, of course. Why bother with law school if I might not make Law Review? For that matter, why should any of us? In an effort to get one of those glossy summer fellowships, I recently reviewed my law school entrance essay, looking for sections I could cannibalize, and then regurgitate into a spontaneously inspired moment of sublime revelation. I re-read some of the events that propelled me forward, toward this moment, and was reminded of some volunteer work I did for Court Appointed Special Advocates (CASA). CASA is an organization that helps speed foster children through a system that‘s greased with tar. That‘s were I got my first taste of the law, appearing in Family Court, sideby-side with Law Guardians (lawyers) for foster kids. Turns out, even kids need lawyers. Turns out, kids without parents need them the most. According to most of the well-intentioned information panels that have paraded in front of us since the last week of August there are certain steps you need to take to be a success in the field of law: glossy summer fellowships and internships, networking, top grades, journals, and associations. These steps are just some of the many components that will make you more marketable and help get you noticed, help you stand out, so that in three years time you‘ll graduate into the job of your dreams, that with any luck, you‘ll have for the rest of your life. They may be right. Those things might actually help. And then there‘s the granddaddy of the padded résumé: Law Review. It certainly sounds impressive. Who wouldn‘t want to hire someone who‘s reviewed the law? Law Review will make you famous. Law Review—the American Idol of law school. A few years ago, I attended the Youth in Court summit held at Fordham Law. Given the podium during the town hall style meeting, a fearless foster teenager stood up in front of hundreds of judges and social workers and lawyers (and me) and asked only one question. ―Why doesn‘t my law guardian know my name?‖ He didn‘t ask what his law guardian‘s LSAT score was, the ranking of the law school that was attended, or the name of any slick or warm and fuzzy fellowships that the law guardian may have bragged to his parents he beat the rest of the country out of. And that kid certainly didn‘t ask if his lawyer made Law Review. Because he didn‘t care. Because he had more important things to worry about. Things that trumped the relative ephemorality of ―will I make Law Review?‖ That kid is why I decided to become a lawyer. They say that law school teaches you how to think like a lawyer. All it‘s done for me so far is make it hard to remember why I came to law school in the first place. Why did you? For the fame and prestige? The only lawyers who ever seem to get famous are the ones who show up on the news for committing sensational fraud of some kind. And we already have the Jesus of the legal profession. His name is Alan Dershowitz. Maybe you came to law school for the money. Here‘s a sobering thought—a few months before I arrived at UB Law I was waitering at a New York steak house. I was making $400 a night and I was the bad waiter there. If I tell you how much the good ones make, you won‘t last through half of your final exams Now, in the interest of full editorial disclosure, I happen to be a Hearing Representa- Opinions and Commentary tive for UB‘s Student Wide Judiciary and an associate on the Buffalo Intellectual Property Journal and I didn‘t join either of them for the gratuitous expense accounts or free trips to Cabo San Lucas. Also, before you start your viral letter writing campaign attacking my seeming dismissal of such a historic and revered institution as Law Review, know this—I‘m not saying there‘s no place in my, or anyone‘s career for Law Review. All learning is good. And I‘m not saying that no one finds Law Review compelling or persuasive when parsing applicant‘s qualifications. Many do. What I am saying is that the hype behind Law Review, and indeed, much of the peripheral law school résumé building is at its best unbalanced and at its worst, counterproductive. It reduces the profound value of learning something as singularly wonderful as the law, to the educational equivalent of a salmon spawn run, as students—myself included—are not inspired with possibility, but rather, incited by fear that we will die in this river of knowledge with nothing to show for it unless we make it upstream. Dean Nils continued from page 3 UB President Simpson, calling Olsen a ―transformational‖ dean for the Law School, expressed appreciation for Olsen‘s guidance. ―I have been here now nearly four years,‖ he said, ―and during that time I have almost without fail, when I have needed a wise friend, a colleague, to help me unravel the University‘s mysteries or to understand various aspects of how Buffalo works, I have turned to Dean Olsen. He has been for me a remarkable colleague and mentor as well as being a friend.‖ Simpson also cited Olsen‘s participation in the development of the UB 2020 strategic plan, and his support for the University‘s renewed commitment to civic engagement. ―If I could have a faculty with a hundred people the equivalent of Nils,‖ he said, ―I would have an absolutely remarkable university.‖ It was University Provost Satish K. Tripathi – saying, ―For the University, he has truly been dean of deans‖ – who presented the Jaeckle Award to Olsen, with a sustained ovation from an appreciative audience. I propose that we are already upstream. To that, none of our law careers or contribution to the law should turn on our attachment to those peripheral accomplishments, or them to us. In the grand scheme of law, justice, and how it all applies to society as a whole, then more importantly, how it applies to that kid, Law Review and the like, simply shouldn‘t matter as much as we‘re told it does. Dean Olsen told of the first deans meeting he attended. ―I had shown up at work as usual in a Grateful Dead shirt, blue jeans and running shoes,‖ he said. ―I ended up borrowing a jacket, a button-down shirt with a collar, and boots from Phil Halpern. The provost was heard to mutter that he could not believe that the acting dean of the Law School dressed so poorly. He actually muttered it to me.‖ I‘m starting to accept that it‘s unlikely I can shrink the national debt, create oil from water, cure all illnesses, cool the planet, grow more hair, make someone love me, or deny the genetic superiority of the Cyclops. But when I decided to come to law school none of those things were on my to-do list anyway. Helping that kid was and still is, and I will— with or without Law Review. But more seriously, Olsen said, ―This institution has nurtured me, supported me, and certainly taught me everything I know about teaching, about educational administration and the practice of law.‖ He added, ―A great law school does not stand in isolation, nor is it the product of individual administrative excellence. It is a unique organization that is the result of the symbiotic relationship of a number of discrete elements.‖ Those elements, he said, include ―an extraordinarily talented and gifted community of scholars and teachers‖; the support of the wider University community, and of students and alumni; and the talents of a series of administrators and staff members, many of whom he named individually. IN THE NEXT ISSUE: Are you thinking about enrolling in the New York City Program in International Law and Finance? If yes, then you should read my article devoted to the program. I will be participating in the NYC program this spring, and I am looking forward to sharing my experience with you! Good luck with your finals! Olga Vinogradova ―When you honor me,‖ he concluded, addressing the alumni in attendance, ―you are in fact honoring our faculty, our students, the great research university we are a part of, our administrators and, not inconsequentially, yourselves. I will always treasure and keep close your kind words and generous support.‖ The Jaeckle Award is named for UB Law alumnus Edwin F. Jaeckle ‘15. It is given annually to an individual who has distinguished herself or himself and has made significant contributions to the UB Law School and to the legal profession. The 2007 Edwin F. Jaeckle Dinner Committee was co-chaired by Laurie S. Bloom ’83 and Mary M. Penn ’99. 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/91e8c895a6b54eaeb5c2833d4216373f.pdf cbcf69ab4fdded8857867d7e3e5f4654 PDF Text Text Is the MPRE Worth the Weight? -COMMENTARY ON PAGE 4 The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 45, Issue 2 The Student Newspaper of the University at Buffalo Law School Bar Review - What is right for you? Bar Review & You If you plan on taking the bar, you owe it to yourself to By Patrick Krey, LLM’08 look into the various bar review courses available. I was hesitant to jump on the BarBri bandwagon my first year. I wanted to look at all the different options available. Now that I can‘t put it off any longer, I finally looked into the options out there. I compiled a comparison chart to help me make my final decision. The data that was filled in was based on discussions with company representatives, UB faculty, prior customers and information from their websites. Here is my disclaimer: it is for reference only and you need to verify everything with the company first before you make your decision. The top choices that I considered were:     BarBri, which is the big provider nationally (and subject of recent antitrust suits) MicroMash, which is owned by BarBri and is the home study supplement version Pieper, the New York State based popular alternative to BarBri which has both an inclass option and a home study one; and Study Group, a newer, highly customizable home-study program I encourage anyone seriously contemplating spending that much money to thoroughly review the various options themselves and talking to various sources before making their final decision. I did and I will probably end up going with BarBri after all just because I don‘t want to risk it. UB was only able to track bar pass rates for BarBri from last summer and the pass rate was 82.4%. I hope this chart helps to start you on your own search for the bar review that is right for you. See Bar Review Chart on Page 2 Questioning the Legal Standard By Jesslyn Holbrook, JD ‘10 Two recent experiences have forced me to re-examine my status as a woman in the legal profession. The first involved a mentoring program that I attended geared towards advising women in the profession. It was an opportunity for aspiring female law students to interview experienced career professionals for a perspective on being a woman in the legal profession. Although I have only good things to say about the program on the whole, one of the lawyers that I interviewed left me somewhat troubled. My question to her was whether she felt that she faced any obstacles in her career because she was a woman. After thinking about it for a moment, she responded, ―I‘ll give you an important piece of advice; I always wear a skirt on days when I have to do something important, like appear in court.‖ She then tried to qualify her statement saying that it wasn‘t because she had nice legs that she should wear a skirt; that doesn‘t matter. Rather, it was just that some judges infra Bar Review Chart………………...2 March 2008 Gordon Brown, the British Prime Minister, recently pushed through the House of By Frank Cubero, Guest Writer Commons an approval of a new treaty for the European Union. Over the objection of the opposition, many of his Labour backbenchers and in a rather conspicuous violation of his campaign promise to grant a referendum on a future EU constitution, the measure passed and headed off to the House of Lords. The obsession of the European elite with EU institutions, as highlighted by Brown‘s unscrupulous tactics, is truly breathtaking and grows seemingly blinder and more dedicated with each passing year. A Common Heritage, A Similar Future The astonishing aspect of the treaty‘s approval is that a country – indeed an entire continent – which we regard as the birthplace of democratic principles could so flippantly sidestep the most fundamental expression of public opinion (elections) when the most essential underpinnings of public identity and expression (national sovereignty) are being altered. At every turn, when given the opportunity, the proponents of an ever-expanding European Union see any public threat to their pet project, they do their best to avoid the whims of the public. When France rejected by referendum the EU Constitution that needed to be unanimously approved by each member state, the elites re-wrote it and informed the French that their country would approve the constitution without a referendum. When Poland‘s support for the new version of the constitution waned, the Polish Prime Minister had to ensure the EU bureaucratic oligarchy that he would do his best to ―avoid‖ a referendum to guarantee passage of the new treaty. Gordon Brown merely played a high-stakes game of semantics, arguing the new treaty was sufficiently different from the rejected constitution that it was not truly a constitution at all. See Europe on Page 2 and colleagues in the profession still have particular notions of professional attire for women. While it seemed innocent enough, that comment shattered some of the (maybe naïve) illusions I had regarding the justice system. That lawyer‘s ―advice‖ brought back a distinct memory from when I was a young girl- the affect that Marcia Clark‘s image had on the O.J. Simpson trial. I remember the sharp criticism Clark received after sporting a new ―softer‖ hair style into the courtroom. The news reporters wanted to know what her ultimate motive was in styling her hair, and how the court and jury would respond. Perhaps Marcia knew how to play the femininity card in court, but did she ever foresee the extent to which the media would focus on it? I was eleven years old during that time, but its portrayal obviously played an important enough role in my life to stick with me after all of these years. It was a critical introduction to the peculiar social standards that would exist for me in the future. In doing some research to confirm my memory of the Simpson trial, I stumbled upon an especially relevant quote that University of South California professor, Susan Estrich, gave in response to the Marcia Clark image criticisms. "This woman is in the business of prosecuting murderers, and the notion that she has to do it wearing pink is a stunning indictment of how far we've come in terms of Commentary……………………2-4 See Questioning on Page 2 Suppression of General Motors By Anthony M. Leone, JD ‘09 There once was a time when the word ―Cadillac‖ denoted the best, highest stature a particular product could achieve. It was an honor to be known as the Cadillac of ….whatever. Today, mentioning the word ―Cadillac‖ in association with quality is not only cliché, but also grammatically awkward. Accordingly, the entire General Motors Company has become awkward. The company is no longer the Cadillac of car companies, nor does it create cars that people are actually willing to drive – it just announced the biggest annual loss for an automobile manufacturer, $38.7 billion for 2007. Yes, billions of dollars. Sure, GM could point to their ongoing battles to satisfy their employee‘s compensation, pension and buyout packages, but the real problem for GM is rooted in its inability to build cars the consumer is excited about. Being number one for so long has created a situation where the company does not truly know how to cater to its demographic. The case used to be that the American GM consumer was very loyal. Unfortunately, years of unquestioned loyalty led GM to have a nearly complete lack of attention to the market. The American consumer is no longer dedicated to any one brand, not only due to a plethora of worthy choices, but also due in part to the speedy access of information today. Rural America is no more; everyone, no matter how distant from metro-utopia has a cell phone and Wi-Fi, and is able to research every relevant competing product from the comfort of their own homes in seconds. This disbanding of loyalty does not bode well in today‘s market for companies who coasted through decades of ignorance, creating products mindlessly purchased by loyal consumers. On the positive side, the most notable GM development this century was the reinvigoration of its Cadillac lineup in 2002. The 2003 CTS (released in late 2002) made a huge impact in the car industry, receiving acclaim around the world. The Cadillac demographic immediately dropped from the long standing senior citizen age, to established younger people starting their professional careers and families. Yet the newly redesigned 2008 CTS seems to be a step backward for Cadillac and the General Motors Corporation, who once again seem intent on meeting their own demands rather than the consumers‘. Instead of riding the past success of the original 2002 CTS, which had become viable contender for the entry level midsized luxury car category (BMW 3-Series, Mercedes C-Class, Acura RL and Audi A4), GM once again reverted back to its See GM on Page 3 1 �The Opinion law.buffalo.edu/orgs/opinion March 2008 Bar Review Chart · from Page 1 Type of Bar Review Cost for both NYS and Multistate Review Material Included Payment Options Bar Bri MicroMash (supplemental) Pieper $2,850 MBE Supplement: $495-995 depending on level selected; NY State supplement: $495-995 depending on level selected.(Total for both ranges from $990 to $1990) $2,795* Books and access to No DVDs, just books and softviewing DVD lectures at ware programs. Subject outlines; Books and access to viewing UB, Pieper's method insoftware (online and offline verDVD lectures at UB cludes handwriting the sions); mentor program (super lectures to encourage and excel levels only) memorization No option for individual supplement purchases; if MBE & State Pay 1/2 before you start supplement purchased together, course and pay remainder by then pay a non-refundable demiddle of June.* posit & finance charge; balance is due 1 month after the bar exam Generally no lectures; the MBESuper and State-Excel levels offer techniques lectures (approx 1 hour each) DVD in class Lecture Method Course Schedule Starts May 19th until July 15th with 3 - 3 1/2 hours spent per day listening to recorded lecture @ UB and recommended 7 - 8 hours of home study reviewing the material Pass Guarantee * Pieper - Home Study Study Group $3,945 (includes $550 deposit for the DVD or $1,895 (program is podcast material highly customizawhich you can re- ble and prices vary deem when you return based on specials) the materials after the * exam) Books & outlines Credits deposit for other bar review you might have already signed up with & you have up to the Pay deposit to secure first class for full payment availability, ships (might have to wait for upon full payment as material if you wait up to early as March 15th the last minute - 5 volume set of textbooks ships upon receipt of full payDVD in class DVD at home Audio CDs, books & outlines * Audio CDs and books at home Starts May 21st until July 15th with 4 hours spent per day viewing recorded Recommended 10 MBE Supplement: No schedule; lecture @ UB and recom- weeks before bar reState Supplement: weekly Recommended 10 mended 6 - 7 hours of view but Pieper will schedule provided based on 7weeks before bar home study reviewing the provide you with a week (state-super) or 10-week review material (Pieper provides detailed study sched(state-excel) period a detailed schedule on ule studying and assignments throughout the There is a discounted repeater rate for $995 Yes* There is a discounted repeater rate for $1,995 Yes* * = see web site and/or contact for complete details and options ** = class hours & recommended home study time vary throughout program Opinions and Commentary Questioning · from Page 1 Europe · from Page 1 equal rights." I thought it particularly poignant that in 2008 I am struggling to cope with the same backwards issue. Not long after my incident at the mentoring program, I had a similar experience concerning gender customs in the legal profession. As I was saying goodbye to a group of friends, one of them - a male- systematically shook everyone‘s hand in the group. He did not, however, shake mine. After an awkward pause and a little self consciousness, I finally put my hand out. He took it and we parted ways. Later, in talking with him, he told me why we shared that uncomfortable moment. In an informational meeting he had recently attended regarding courtroom social etiquette, he had been instructed that a man was not supposed to shake a woman‘s hand unless she “I’ll give you an important piece of advice; I always wear a skirt on days when I have to do something important, like appear in court.” offers it to him first. I was instantly covetous of this bonding ritual shared amongst men, freely shaking hands without self conscious second thoughts or fear of committing a serious social infraction. I will try not to exaggerate the issue too much, but the point is, the justice system that I had previously conceived of, although misguided at times, had not come as far as I had believed. How can I be considered an equal if customs apply differently to men and women? Where is the impartiality of the justice system if wearing slacks biases your client? Let us not forget that terribly devastating period in fashion history – the shoulder pads era – in the name of looking more like a man. What does it mean that we must keep these social traditions in mind, as if it were a checklist? Does it mean that we haven‘t moved as far forward as we thought? Or worse, does it mean that we are actually moving backward? I don‘t think that it is important that the two specific incidents I have described are not necessarily representative of the profession. The fact that these archaic customs are passed down and integrated into the education of new and promising law students is a tragedy. These biases are inexcusable, especially given their effect on a profession that prides itself on equity and fairness. The nature of these preconceived notions is to slip by unnoticed. They are simply a part of daily life. Neither the lawyer who gave me the advice nor the friend who waited for me to extend my hand was conscious of the perverse traditions they were perpetuating. And that‘s the point. Only once we come to acknowledge those instances when we‘re engaging in perpetuating stereotypes by the small things we do daily, can we begin to change the effect we have on our notions of equality. 2 Proponents of the European Union would argue that they are merely doing their duty as wise representatives of the people in pursuing Europe‘s best interest. After all, anyone in the modern world who irrationally holds allegiance to the antiquated notions of nation-states and cultural unity must not be trusted to make their own decisions. Thus the argument goes; as the bureaucrats convince themselves to further extricate the long-suffering common folk from their quaint democratic processes, Plato‘s Republic grows ever closer to full implementation. Flip to our side of the Atlantic. The fundamental question is: should we particularly care what policies and institutions Europeans adopt and by what means they implement them? The obvious answer would be ―no.‖ And the obvious answer, as usual, is probably the right answer. However, in a country that inherited nearly all of her democratic principles and institutions from Western Europe, we should consider both the evolution of those principles and institutions in the context of the European Union‘s expansion and the potential direction our own democracy may head. Obviously, no democracy is perfect and ours is no exception. Some would argue that, due to institutional biases and cultural prejudices, our country has never achieved ―democracy‖ as we envision it. Others believe that we have slowly forfeited our democracy to special interests, bureaucrats, and politicians. Realistically, both views likely contain kernels of truth. However, whatever the current state of our democracy, it is difficult for any rational American to imagine unelected bureaucrats wholly subverting the democratic process in an attempt to alter our fundamental institutions. Even the most ardent conspiracy theorist would be hard pressed to envision changes to the American system comparable to those in European countries taking place at the whim of unelected government administrators, with the support of political leaders. These are not mere individual rights and liberties being altered (an occurrence which many might argue takes place regularly), but rather the mechanics of our democratic system. European referenda on the EU Constitution have failed due to the public‘s affinity for their own national institutions. Rather than leaving their policy decisions to be made by a transnational system in Brussels, the European elite were shocked to discover that Europeans preferred their individual parliaments, prime ministers, and presidents to make decisions regarding their everyday lives. Similarly, most Americans prefer government by elected bodies rather than administration by civil servants. Such preferences are highlighted, if only anecdotally, by the countless jokes regarding the IRS or the DMV that litter the public repertoire. How, then, have the administrative arms of the government managed to so effectively broadened their reach to the nearly every facet of modern life? See Europe on Page 3, top �The Opinion The Opinion March 2008 Volume XXXXV, Issue #2 Co-Editors in Chief: Patrick Krey, ‗08 Anthony Leone, ‗09 Contributing Editors: Jeff Colt, ‗10 Kristen Ng, ‗11 Jesslyn Holbrook, ‗10 Frank Cubero, guest writer The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. law.buffalo.edu/orgs/opinion March 2008 Europe · from Page 2 Today, the bureaucrats have a role in the amount of water in your toilet, the type of light bulb in your lamps, the type of signal on your TV set, the type of fabric on your sofa, the content of gas in your car, the types of labels on your food, and the list goes on. Our democratic institutions, the Congress, the Presidency, and our State governments, have surrendered their duties to administrative pencil pushers. Lacking the resolve to address difficult issues, the best option was for states to punt to the Congress, and for Congress to drop the problems of government on the administrative institutions. Unlike the Europeans, we needed no new treaties to avoid the democratic solution to serious national issues, the institutions already existed, waiting for the elected branches to shirk their duties and bestow further power to America‘s burgeoning bureaucracy. Indeed, no referendum was asked, nor was it necessary, the decisions were set in motion 200 years ago. Many Americans watch with awe at the decline in democratic principles within the European elite and think such policies and tactics run counter to the liberal democratic principles inherent in much of Western culture, hoping we can avoid such governmental excesses. Others admire the ability of Europeans to regulate the dangers of human life and seek to emulate their superior administration of government. Looking at the vast breadth of modern American government, it is not outlandish to think that, perhaps, we are already there. Combating Terrorism: Any Solutions? By Kristen Ng, JD’11 In the wake of the 21st century, we find ourselves becoming increasingly concerned about the safety of our nation. The word ―terrorism‖ is a term that most ten year olds can comprehend. As we all know, terrorism is not a small act; it is an act that takes serious planning, and when executed successfully, lives are at stake, whether in single digits or in the thousands. We, as adults, understand that the four main goals of terrorism, according to Jack Gibbs, are as follows: to alter the reputation of the group it attacks, to stay anonymous but still have a presence in the world, to strike fear into the targeted group, and to operate in numerous cells around the world. After the events of 9/11, there is still fear lingering in the air (where are they going to attack next?), and even today our confidence in our government is lessened because the government has profoundly failed in its job to protect us. We think to ourselves that another attack can occur again at any time, any day, any place. The real question is: are we powerless to stop it? I do not think the government has gone about the right way in addressing this issue. First, the war on terror, while originally a good concept and idea, soon evolved into something so monstrous that even initial supporters cringe when they think of what had been "accomplished‖ (which is close to nothing). The second, and perhaps more controversial issue, is the offensive nature of racial profiling. Racial profiling is the process where the government targets a certain group by their race and focuses on that group in order to find what they need. In the post 9/11 period, racial profiling is being used to find potential and future terrorists. This particular action by the government has angered many, but the question is, what other solutions are possible? Racial profiling has existed long before Muslims and persons of Middle Eastern descent were targeted in the United States. We can think back to the Italian Americans, the German Americans, and most blatantly, the thousands of Japanese Americans who were put into internment camps during WWII. It was wrong back then; however, hindsight is a lazy way out and ignores the moment of the day. When we revert back to the present day, we see that racial profiling is back, even if it is not official policy. You would hope that the government had learned from its past undemocratic and un-American mistakes, that one cannot judge another by skin color or See Profiling on Page 3, below Opinions and Commentary Profiling · from Page 3, above GM · from Page 1 roots, digging its haunches in deep and making a futile attempt to drive consumer demand with a certain air of pretention, similar to the failed marketing plan aimed to the Chanel No. 5 consumer years back. The upcoming Camaro should refresh the Chevrolet division, yet it is reminiscence of yesteryear is not the cutting edge design the company needs to positively move forward. When Ford redesigned the Mustang in 2004, it decided to go retro. Apparently GM thinks that it is a good idea to stay with the past. However, their plan might be too late, as it is rumored that the next generation Mustang (coming within the next two years) will ditch its 2004 retro styling… duh it does not work. Another faltering GM plan began about four years ago, when, amidst the rising fuel costs and dropping SUV and truck sales, the company decided to rebuild their full size SUV‘s from the ground up (Chevrolet Tahoe, GMC Yukon and Cadillac Escalade), alongside their truck line. Pushing huge automobiles in a market with a continually decreasing demand for them is not the answer for a company that is struggling to stay afloat. Maybe GM should have taken a look at the market trend, because even during the development stages of their new flagship SUV‘s, prudent market projections would have revealed the decrease in large SUV market share. Thus, in a time of fleeing consumers GM needs to change its strategy to regain market share, otherwise the company will continue to fail, which is an awkward facade for a once major American corporation. 3 religion. However, before you think that this is injustice, that this is intolerable, what is the practical alternative? What other way can the government catch these TERRORISTS? While saying that all Muslims, all Japanese, all Italians are traitors and enemies of the United States is wrong, very wrong, it is sadly the truth that a few radical members of certain groups choose to tarnish their own reputation, and in doing so, they also tarnish the reputation of the group they represent. Is it really that deplorable the government has used racial profiling, in both the past and the future? I pose this question to you because racial profiling has been used in the past, and it is probably one of the more effective methods of capturing terrorists. Cartoon from www.rudypark.com Please do not misunderstand me. I am not a staunch advocate of racial profiling. I find it humiliating, unconstitutional, and downright disgusting. It breaks my heart to see that innocent people are chosen and picked out for the way they dress and for the way they look. I merely want to raise this point, a very taboo point in some scenarios, and inquire what you think about this topic, and I challenge you to provide an answer. Is the government justified in racial profiling, or should the government stop what they think is best and try other ways to catch terrorists? When you think about this, think about the circumstances that have surrounded all the recent attacks- in London, New York, and the thwarted attempts that you might have read on the news. Think about the identity of the captured terrorists, and the method that aided in their capture. Also, think about the capacity of the government in relation to budget, time, and efficiency. What is the solution for America and other countries targeted by terrorists? �The Opinion law.buffalo.edu/orgs/opinion March 2008 In Search Of The Ethical You By Jeff Colt, JD ‘10 At the beginning of this semester I was required to take a bridge course in ethics. Here‘s what I learned: don‘t call the opposing counsel baby, don‘t write briefs or memorandums in Seussian structure, iambic pentameter, or rhyming couplets of any kind, and most importantly, always remember that a lawyer lives and dies by his ethics. Ethics and the MPRE Recently a 3L friend of mine told me she failed the MPRE (ethics) test…again. This was her second attempt. I failed my driving test three times but in fairness I was only sixteen, smaller than your average twelve year-old, and denied by my parents any contact with the car unless I was washing it on a steamy Montreal summer‘s day. In the end, everything I knew about driving I learned from watching The Dukes of Hazzard, and even then I paid more attention to Catherine ―Daisy‖ Bach than to speed limits and steering-toparking ratios. On my third failure, the driving instructor lowered his head in defeat, checked ―PASS‖ on the pink scoresheet and advised me to get as much insurance as I could afford. But how does a law student fail an ethics test? Twice. I wondered if I‘d pass my ethics test. Was I an ethical person? Yes. Maybe. Over the Christmas break, I went to visit my friend Sarah who recently traded islands—cementy Manhattan for sandy Turks & Caicos. That‘s where I met Kate, with her long, perfectly mussed blond hair, Christmas tree green eyes, and so smartly funny that there ought to be law. On our first night we talked and danced like we‘d known each other for years. On our last, after swearing sideways that ―I don‘t karaoke and I never will‖, one request from Kate had me Copacabana-ing loudly out of tune under the Caribbean moon. That night she asked me to stay in touch and breathed out her skype name to me several times so I wouldn‘t forget. Kate is fantastic. Kate is angelic. Kate is my soulmate. Also, Kate is engaged. She lives with a terrific guy, Max. I met him when I met her. I shook his hand. I sat across from him at lunch. I let him pay for my hamburger. I told him it was nice to meet him. Then, I hit on his fiancé. I‘m evil. Max used to be a professional weightlifter. I‘m also stupid. Three weeks ago I found a sealed manila envelop in my school mailbox. Inside was the unpublished August 08, 2008 MPRE exam. Nothing happened between Kate and me. It was only my internal narrative that re-wrote our meeting as if it were a Jane Austen novel. Kate was and is hopelessly in love with her man. Her intentions and actions were pure; mine were not. Mine were unethical. However, if there are degrees of ethicalnessiosity, my impulses toward Kate seem relatively benign. But having failed so simple a test of ethics and considering my friend‘s series of unsuccessful attempts, I was left wondering—is anyone ethical today, and by that I mean ethical enough? There was one way to know for sure… I called an ex-girlfriend of mine who owed me a favor. While we were still dating, I got a desperate and scarcely coherent phone call from her at four A.M. She sounded lost. She sounded confused. But mostly, she sounded wasted. ―Don‘t move!‖ I commanded into the phone. I flagged down a taxi, managed to get her to slur out a series of trail-blazing landmarks, and roared down West End Avenue where I found her standing in front of a Duane Reade pharmacy on West 72 nd street, making out with some junior hedge fund manager she‘d met at a party. When I approached them and introduced myself to her sidewalk paramour, he dropped the box of condoms he‘d just bought (really? a whole box? how optimistic!) and ran across the street. Like I said, she owed me. I asked her to call her brother, who sits on a Senate Sub-Committee. The Committee Chairman used to be on the board that administers the MPRE and still gets first-look privileges at the newest versions of the exam. I asked her to ask her brother to find a copy and send it to me. I know—not exactly the benchmark of ethical but for the purposes of this story it seemed like a necessary part of the experiment and so, at worst, ethicallite. Three weeks ago I found a sealed manila envelope in my school mailbox. There was no name on the front. There was no return address. My hands trembled as I opened it. Inside was the unpublished August 08, 2008 MPRE exam. I read it. I transcribed it. Below are the questions. Will you pass or fail? Find out now. August 08, 2008 MPRE Exam: 1. Have you ever lied to a judicial or police authority? 2. Have you ever lied to a government official? 3. Have you ever lied to a teacher or school administrator? 4. Have you ever accidentally killed someone? 5. Have you ever intentionally killed someone by accident? 6. Have you ever left the scene of an accident? Made a scene at an accident? Seen an accident? 7. Have you ever knowingly driven under the influence of alcohol? Drugs? Chris ―Mindfreak‖ Angel? Any of The Wiggles? 8. Are you now, or have you ever been, a member of the Communist Party? The Nazi Party? The S-Club Party, while knowing that there ain‘t no party like an S-Club party? 9. Have you ever watched more than 30 minutes of Dog The Bounty Hunter? 15 Minutes of 10 Items or Less? One minute of Celebrity Apprentice? 10. In an episode of Seinfeld, Jerry was chastised for being racist when he said that he‘d always wanted to date an Asian woman. Do you a) think the rebuke was appropriate due to the damaging and myopic representation of a fetishized culture b) feel an on-air condemnation of the comment should have been offered by NBC, with the offending episode pulled from subsequent airings c) secretly wish your girlfriend was Asian? 11. Are you a terrorist or have you encouraged a terrorist attack or provided funding for a terrorist attack or known someone who was a terrorist or have ever watched any show about terrorism or read any manifesto, proclamation or newspaper headline that used the word terrorism or have ever during the course of one calendar day, used words that contained the letters ―t-r-m-s-r-o-i-e-r‖, in any order, that when re-arranged spelled the word ―terrorism‖? 12. Did you not, now or ever, or have you ever never not answered any, some, or none of these questions not, or wholly ever, or not fully, completely or partially, or not-atall untruthfully? No? Is that a no? 13. Did you read these questions even though I explicitly stated that these were unpublished MPRE questions, obtained through illegal means? Then congratulations, you just failed the real MPRE! Calm down. Obviously, the questions are fake. All that stuff about an ex-girlfriend‘s brother and a Senate Sub-Committee Chairman? Made it up. An envelope mysteriously ending up in my law school mailbox? Never happened. The ex being wasted and making out with some bozo in front of a Manhattan Duane Reade at 4 AM? That was true, but she doesn‘t owe me anything because I‘m not a saint. Neither are you. In fact, if turned inside out, no one would pass a strict ethics exam or even a broad one because ethics are a uniquely human characteristic and humans are by design and default, wonderfully, unethically human. Still, this isn‘t an essay about why the nature of humanity defies ethics, or even that ethics are often so stunningly context dependent that they simply don‘t matter. Of course ethics matter. But I do question the usefulness of a stand-alone before-the-fact ethics exam. The true measure of ethics, and with that, an ethical person, is not what you should do in a situation but what you once did. The idea of several dozen questions asking you to choose the ethical response to events that have never happened to you seems somewhat placebic in operation. And in the idealistic reach toward a more elevated ethical existence, consider the near sanguine reply of presidential aspirant Obama, who answered a recent question about the trustworthiness of candidates with shadowy histories by first admitting his early drug use, then adding that past negative events don‘t preclude future positive ones. With that, the superior ethics exam would balance what you once did against what you actually do the next time. Thus, any valid ethics exam, to be truly accurate, would necessarily be a two-stage proposition. I realize that the temporal compression needed to effectively shoehorn my solution into a two hour evaluation and a two hundred seat auditorium might lay beyond our current capacity to control time, space, and all things Hawkingsian, to say nothing of the obvious health risks in exposing students to the massive quantities of Bose-Einstein condensate needed to slow down light enough to—oh, never mind. What I‘m saying is that passing the MPRE does no more to ensure ethical behavior in the legal profession than passing a driving test ensures people won‘t speed. In the end, a lawyer‘s ethics are tested daily, with or without the MPRE. Just as they should be. Having said that, when it‘s my turn to take the MPRE I‘ll do my best to channel the ethics of better men than me, and hope that at the very least to learn something about myself when faced with sixty pretend situations that I‘ve never been in, and where nothing is at stake. For now, my advice to you is this: don‘t kill anyone. But if you do, try not to do it again. 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-03 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/2008 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d4c142256026e24ab0f0ca5453625731.pdf ff46a3cda40315bdc2db5f2efe7529b0 PDF Text Text What happened to all the time we used to have before law school? - COMMENTARY ON BACK PAGE The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 1 The Student Newspaper of the University at Buffalo Law School September 2008 UB Law Students Branch Out to the City and England Every Law Student Should Go Abroad New York City Program By Kristen Ng By Olga Vinogradova I did not have any business or finance background before I applied to the University at Buffalo New York City Program in International Finance and Law (“the NYC program”). In fact, the only things that interested me were the international aspect and the location, New York City. Also, I was scared to start the program because I was not sure if my lack of knowledge of finance could potentially hurt me and put me behind the rest of my classmates. However, turns out I had nothing to worry about because the program is set up to allow students like me to learn basics in the January bridge course before moving to New York City. Now, I am fascinated with finance and want to pursue my career in this field of law. I am sure that every one of you, who is reading this at this exact moment, has had some sort of relationship with the term “study abroad.” Whether it be your roommate, sorority sister/fraternity brother, or TA who went abroad and came home to gush about it, or the tables and flyers that take over much of campus, we have all been exposed to the phenomenon of “studying abroad.” January Course The program starts with a January course designed to introduce students to the I have to say that I was definitely one of those people who was sucked into all the propaganda. “It will widen your horizons!” “You can travel everywhere!” “You’ll get to meet great people!” All the different tables and flyers each promised different things. I studied abroad in England my senior year of high school, and decided to forgo it in undergraduate school. Coming into law school, studying abroad was the last thing on my mind. However, I went to some meetings, talked to a few people who really enjoyed their experience, and decided to look into it. Of course, the dilemma is that everyone tells you that in order to be competitive for your future career, you should work See NYC Program · Page 5 See Abroad · Page 2 The Start of a New Cold War Risk Transfer Tools and Environmental Protection in the 21st Cen- By Eddie Gonzalez While the 2008 election will be dominated by the economy, the War on Terror, and Iraq, another issue begs consideration: the start of a new cold war. In the past month, Russia: While establishing clear lines of liability, the Superfund program created by the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) has encountered many challenges associated with carrying out its mission of cleaning up hazardous waste sites. The Environmental Protection Agency (EPA), which is responsible for administering the program, has been challenged in court for their action and inaction with respect to Superfund, experiences a consistent lack of financial resources, and is constantly facing an excessive amount of litigation resulting in the delay of cleanups at sites posing some of the most threatening environmental and public health risks in the country. 1) Invaded Georgia (a U.S. ally), 2) Threatened to invade the Ukraine, 3) Threatened to nuke Poland (another U.S. ally), 4)Declared its intentions to seize Arctic oil, 5) Sold anti-aircraft systems to Iran (a U.S. enemy), 6) Promised to build a space center in communist Cuba (another U.S. enemy), and 7) Landed two long-range strategic nuclear bombers in Venzuela. The law’s liability scheme has created an overwhelming number of lawsuits among potentially responsible parties (PRPs) that have been filed to determine liability in proportion to an individual party’s contribution of hazardous material. The vast majority of Superfund cleanups involves more than one PRP, and sometimes concerns thousands of parties. In order to reduce the delays and costs of cleanup projects the private sector has engineered environmental liability buyout agreements which transfer liability to a third party firm whom a PRP retains to implement a remediation plan. The plan is then insured to cover any cost overruns the cleanup project may face. I believe that as the election draws near Americans should focus their attention to the re-emergence of the Russian Bear. The consequences of a confrontation with Russia are awful: skyrocketing oil prices and/or war casualties that would dwarf WWI and WWII combined. Liberal White House……....2 With all this, both Sen. McCain and Sen. Obama continue to neglect the A Little UB History…………3 dangers that lie east. This is likely because the issue is exceptionally compliTransferring……………..….4 cated and cannot be answered in soundbites. As a former superpower, Russia Missing the Market………...5 possesses state of the art military equipment: radar, satellites, and nuclear weapons. It also has allies: Iran, VeneInside UB Law School…..6-7 zuela, Syria, Eastern Ukraine, and to a lesser degree, China, which if squeezed infra Participating in a liability buyout agreement not only saves money for PRPs but also effectively reduces transactional and litigation costs for the EPA. If a PRP is unable to be identified or is unwilling to comply with an enforcement order the EPA incurs that party’s share of the cost of investigating and cleaning up a Superfund site. In the course of seeking to recover these costs the EPA may need to interact with thousands of parties and their legal counsel in order to reach a consensus on a remedy or a settlement resulting in project delays, wasted administrative costs, and excessive legal See Cold War · Page 4 See CERCLA· Page 4 1 �The Opinion law.buffalo.edu/orgs/opinion September 2008 Excitement and Urgency: Generational Politics in the 2008 Presidential Election The 2008 presidential election has been a showcase for the influence and prominence of young voters’ participation in the political process. It has long been the stereotype that voters age eighteen to By Danielle M. Restaino twenty-five are apathetic or ambivalent in terms of civic participation, but this year there seems to be a new wave of activism and involvement that has characterized our generation’s contribution to the political debate. Perhaps many believe it is the historic nature of this election that has spawned so much interest among young voters. An inspirational candidate in Barack Obama, being the first African-American to carry his party’s nomination, as well as the campaign of Hillary Clinton, and now Sarah Palin, have served as confirmations of the progress America has in the idea of who has the ability to govern our nation. Yet the sight of minority candidates making such great strides is in no way new to our generation. We have grown up with the idea that regardless of gender or skin color achievement comes from hard work and perseverance. Everyone is capable of achievement. With this in mind it becomes apparent that there is something more driving the excitement that is so often spoken of when referring to the “youth vote.” It can possibly be characterized as a sense of urgency in the need to take responsibility for our futures through the political process that has encouraged our generation to become vocal in this year’s election. The mantle of change that has been thrown about so frequently this election cycle sounds good to many voters. After eight years of stagnation and quagmire in American domestic and foreign policy people are looking for something new. Something that will lower gas prices, make health care affordable, help to pay bills and mortgages and repair America’s reputation in the world. The message of change is a bit different though for our generation. Whether it is conscious An inspirational candidate in Barack Obama, being the first African-American to carry his party’s nomination, as well as the campaign of Hillary Clinton, and now Sarah Palin, have served as confirmations of the progress America has in the idea of who has the ability to govern our nation. or not, we understand that ultimately we will be the individuals to bring about this change. The kinds of technologies and policies that will be developed by the next president, whoever he is, will not occur rapidly. Those of us graduating from college and graduate school will be relied upon to carry out those new ideas and change the direction America is moving in. Political involvement is a way for us to have a say in which direction that is. For the first time we have the opportunity to vote in a presidential election where the stakes are very high, where the issues will markedly impact the decisions we make in the planning of our futures. This election is not a test for the candidates and their policies and positions. Rather it is a test for our generation, to determine if we have the judgment to lead, if we have the ability to take on the responsibility that will inevitably fall to us. This primarily is why in this election it is so important for young voters not just to become engaged, but to truly take an interest in the issues and the process such that the standard by which we choose a leader is raised. News pundits and the majority of the American electorate, people our parents and grandparents age, will remain the same. They will continue to use the same outdated litmus tests to determine which candidate is worthy of their vote. Who would you rather have a beer with? Which cookie recipe do you like better? How do they feel about any number of social issues that are meant to distract and detract from the substantive debate about actual issues that will help move this country forward: energy independence, the changing environment, a stagnant economy, or the war in Iraq? This is where our generation is beginning the change that is so urgently needed, the political process. If we raise the bar for the standard by which candidates are evaluated then soon the entire process will be renewed. It is up to us to keep that in focus this election. In doing so we can prove that we are ready to take the reigns of this country when our time comes. Our parents will not have to worry about the weight of responsibility that will be passed, and we will be able to navigate the world they are leaving us with the same comfort and ease we can campaign for a historic candidacy. While the “youth vote” is spoken about in terms of excitement and energy, we cannot forget the heavy consequences that come with this election. These consequences are what have motivated so many young voters to become active this campaign season. We understand that America’s future is entwined with each of our own, and that one really cannot succeed without the other. It is up to our generation to face the responsibilities of the future head on and in a decisive manner. We will be the ones who energize this country’s economy, we will be the ones who ensure health care for all citizens, we will be the ones who establish new forms of efficient energy, and we will be the ones who bring our sisters and brothers home from war. These are the issues that will shape our lives and the future of this nation, and for most young voters this election marks the beginning: the point from which we begin to take responsibility for America and our future. Opinions and Commentary Abroad · from Page 1 the first summer. I definitely took no heed to that advice. Instead, what did I do? I went galavanting across Europe! There is nothing about this past summer that I would change. I was able to study at one of the greatest institutions on the globe- Oxford University. Not only was I able to study with a noted human rights activist, but I was also able to explore England, the “Continent,” and venture to Morocco. And you know what, this summer trip did “widen my horizons,” allow me to “travel everywhere,” and introduce me to “great people.” If you think you are alone in wanting to go abroad instead of getting a job your first (or second) summer, think again. I can count nine people in my section who decided to go abroad, and nine more who wish they did. Think about it. In three years, when you start your job, you will probably find it hard to take two months off so that you can travel. Instead, you will be working, and working….and working. It is not a bad thing, but the fact of the matter is that you might have to wait until you retire until you can take a lengthy vacation. This past summer not only enriched my experience of a different culture (you have to admit, fish & chips and the Queen’s guards aren’t very “American”), but it truly gave me a wider perspective of how the law in a different country works. Studying law in a different country, with professors hailing from that country’s institutions (in my case, Oxford professors), allowed me the chance to “pretend” that I was an Oxford student. As a result, I studied in the traditional Oxford tutorial style, with an Oxford professor, in an Oxford building. All in all, it was an amazing experience that I am itching to repeat next summer. So, please, heed my advice and pay attention to those pesky tables, and take a closer listen to your friend, sorority sister/fraternity brother, or TA. You may well be on your next adventure. 2 �The Opinion law.buffalo.edu/orgs/opinion 1978: A Little Now and Then The Opinion September 2008 Volume XLVI, Issue #1 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Sarah Brancatella, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. September 2008 By Elizabeth Hersh Alumni love to talk about their experiences as UB law students, and as a first year law student myself, I already understand why. UB draws an outstanding group of students and faculty which provides for an exceptional law school experience. My dad is one of these chatty alumni, and boy will he talk your ear off. Perhaps it is because I have heard his stories so many times that I feel the need to share a few of them, but I also think it is very interesting how in thirty years, some things changed dramatically at UB Law, while others hardly changed at all. The year I would like to dive into is 1978, not because I love disco (I really do though), but because it is the year my dad graduated and the year where I could still hunt down a few professors who are still here at the school to talk to. In 1978, America was still trying to sort out the mess left from the wake of the Vietnam War. Students at UB Law School, like students across the nation, vigorously protested the injustices they saw not only in the war, but in society and government. In fact, UB was well known as a hot bed for political protest. By 1978, the mood had calmed considerably, but a sense of dissatisfaction toward local and national government still lingered. The protests from students at UB had been so extensive, the Buffalo area was very hesitant to affiliate with the University because of all the civil disobedience. It is hard to imagine a time when the surrounding communities did not want to associate with the University, because today of course, the communities seem to revolve around UB. In 1978, the law school itself was quite different. O’Brian Hall, the Education building next door, the Governor’s Residence Complex, and the Ellicott Complex were essential the only buildings on campus. O’Brian had only opened five years prior to 1978, so the school still had a very new smell, apparently like polished wood and paint. Some of the new classrooms featured dark purple carpeting which extended not only across the floors, but up the walls as well. The library was regarded as the “crown jewel” if you will, with its state of the art study carols, and overall modern design. Plus, there were no pesky undergrads frolicking around the library. I swear those youngsters think the middle stair way is a runway; anyway, back to 1978. The administrative staff was extremely small compared to what we see today. There was one registrar who had two assistants and a couple of secretaries. There were no career services, no law school financial aid personnel, and no academic assistance. Because the administrative staff was significantly smaller, students were much more involved in student governance, and the law school decision making process. The grading scale at the law school was somewhat different than today. Students had voted on a grading system where they could earn an “H*” for high honors, an “H” for honors, a “Q*” for especially qualified, a “Q” for qualified, a “D” for achieving the bare minimum, and an “F” obviously for failure. Although the letters were different from an A through F system, the actual grading system was essentially the same. The idea was to discourage the obsessive and overly competitive behavior that can develop when students are only working for a grade. The grading system was also supposed to help professors grade in a timely manner, but it actually had the opposite effect. In 1978 one of the biggest student gripes was over the amount of time it took professors to return grades, and although I have yet to experience my first round of exams, I hear the grading still lags a bit. Grading was not the only difference academically. For first year students in 1978, there was no research and writing class. Learning to write briefs, memos, case notes, citations, etc… had to be learned by trial and error. Also, there was no orientation before school started. It was much more of a “sink or swim” atmosphere, and to be quite honest, I am really glad things are not that way anymore. Students and professors had a different relationship in 1978 than they do today. The faculty in 1978 was much younger on average and this resulted in a more “collegiate atmosphere.” Professors and students even engaged in social activities together. The most successful of these social activities was a variety show called the “Law Revue.” The Revue captured the comical talent and musical talent of the students and staff. The Opinion wrote the Revue was the “best event the law school has ever witnessed.” If the new 1L SBA directors are looking for some fresh ideas, I think this may be a good one…. Another social activity was a touch football game involving faculty and students. Although Bill Greiner at The it was successful in the sense that a lot of students attended and it was a lot of fun, a couLast Revue Show, ple of people ended up with broken bones; it has yet to be repeated. Students and faculty 1974 also engaged in other, less injurious intramural sports to a greater degree of success such as Frisbee football. Although students and faculty may have had a chummier relationship, the professors’ dedication to the education and betterment of the students at UB is as strong today as it was in 1978. The fact that most law professors at UB had a supplemental degree in a subject unrelated to law, was a particular point of pride for the school in 1978 because this was not the case at many law schools. Today, the law school still strives to employ faculty who can bring a wide range of expertise to their classrooms. In addition to intramural sports students participated in as part of the law school, the sports law students enjoyed outside the law school were a little different in 1978. Of course everyone loved Sabres hockey games and that will never change, but what students loved almost as much was UB’s own hockey team. The games were extremely popular and very well attended. On the other hand, in 1978, there was no university football team. 1978 was also the last year that law school students could enjoy professional basketball in Buffalo. The Buffalo Braves played for eight years before moving to San Diego, and today they are known as the Los Angeles Clippers. Professor Barry Boyer in his office, 1974 Although many alumni still lament over the loss of the UB hockey team, partying has to be the topic alumni love to discuss the most. It is true that every generation thinks they party more than the last, but I hate to admit, this is not so. In 1978, the Elmwood bar scene was well established, but the downtown area was becoming a very popular place as well. Students enjoyed bars like Mr. Lange’s, which was your typical raunchy bar, but law students also enjoyed dance clubs like Club 747 which featured the hottest disco music and rock, (classic rock by today’s standards.) Cheap beer was, and still is, the choice for many law school students. Gennessee, Stroh’s, and Maximus Super which had a higher alcohol content, were the best beers for the buck in 1978. Many law students today would not say no to a Natty Light, or Keystone, some of our cheapest beers, but I do believe that most law students choose better beers when they can. I would not say law students party a lot, but when they do, they do it well. I would like to think that we are just perfecting our schmoozing skills. Although I love shag carpet, polyester, and disco, I would say 2008 has some pretty good things going for it also. There are many differences I could point out between 1978 and today, like how the law students of that year helped to perpetuate the idea that the seventies was the “bad hair decade,” but that is another article for another time. I hope someone in 2038 writes an article like this, just so I can reminisce on my days in law school at UB. Special thanks to Professor Barry Boyer for all his input and help and also many thanks to my dear old dad. For more information on the history of the law school, University At Buffalo Law School: 100 Years, written by Robert Schaus and James Arnone and published by the University at Buffalo Law Alumni Association in 1992 would be an excellent source. 3 �The Opinion law.buffalo.edu/orgs/opinion September 2008 The decision to transfer to the University at Buffalo Law School was relatively easy when comparing Buffalo with my other option, Hofstra School of Law. The difference in tuition is a whopping $22,967 (using the By Dan Aiello most current figures from official ABA data), and not to mention, Buffalo edges out Hofstra in both employment and bar passage rates. However, Hofstra is ranked higher than Buffalo in the U.S. News and World Report rankings (99 and 100, respectively). The NYS Government Puts Our Legal Ed. At Risk Why are more and more law schools including Stetson, Syracuse, Mercer, and the University of Louisville, maxing-out the “100” spot, while Buffalo appears to remain stagnant and potentially faces falling into whatever tier is beneath “tier 1” nowadays? It’s the fact that, like Hofstra, private schools are not administered by the local, state, or federal government, and they do not rely on public funds to support their legal programs. Instead, they rely on tuition to fund programs directly and are not reliant on a fiscally irrespirable New York State Government for higher education monies. Although tuition is higher, students are getting what they paid for with added accountability, and thus security in their law school investment. New York State Governor David Paterson has announced a $630 million dollar budget gap this year, which means, ostensibly, that the State doesn’t have enough of your tax dollars to support its bloated spending. The Governor has asked the SUNY system to trim $40 million dollars, which calls for a 7 percent reduction, on top of a previous 3.3 percent reduction (this year), in spending for each SUNY campus. Traditionally, the State provides the SUNY system with $3.4 billion dollars in aid, in which the universities return $7 billion dollars in tuition and fees. However, that aid will decline exponentially over the next few years thanks to sloppy state management. The University at Buffalo has said that an advisory group is in charge with informing top university administrators on where sacrifices can be made without hindering the University’s mission and objectives. The State Finance Committee has asked that the universities submit their plans for meeting the required cuts within the next few weeks. It won’t be until then that we know exactly how law students will be affected, but most of the 64 SUNY campuses have trimmed spending by not hiring new professors; holding spending on computers and other technology equipment; putting off the start of new programs; and issuing I would have had to live at home with my parents and that’s not good if you study in the nude. bonds. SUNY’s problems are part and parcel to the larger problem: New York State. According the U.S. Census Bureau, New York State has the second highest tax burden in the Country behind California. The New York Public Policy Institute has ranked New York number 38 out of 50 in competitiveness, which ranks states in categories such as fiscal policy, infrastructure, security, environmental policy, technology, business encumbrances, etc.. Furthermore, New York is losing ground in professional career growth, i.e., legal jobs, and is ranked number 40 out of 50 therein. These figures indicate New York is spending too much, borrowing too much, and fixing too little. It’s a bad time to go to SUNY, because our education is contingent on a legislature and an executive branch that is infamous for driving up debt and forcing business to leave this State in pursuit of a better tax climate. Along with business migration comes us, law students, chasing the businesses who are leaving. If we’re not employed in 6 months after graduation, how are we going to pay Uncle Sam and Wachovia back? If all the businesses are gone, UB Law’s employment rate will drop; If the SUNY system can’t find a creative way to make due with these additional cuts, UB Law’s tuition will go up; If we can’t make our loan payments on-time, we’ll sacrifice by not taking bar courses, and it follows that UB Law will have a lower bar passage rate. For every reason that I came to UB Law, the New York State government puts that investment at risk. I’m beginning to think that my friend, Chuck, made the right investment in attending a private law school, because I’m relying on New York State to reciprocate: my tax dollars in exchange for an affordable legal education that is one of the top 100 in the Country. So far, so good, but who knows what the cuts will bring in a few weeks, especially now that classes have already started. Since most of us want to believe we made the right decision to matriculate here, there’s a few things we could do to help ourselves: We could lobby our State Senators and Assemblymen, especially Assemblywoman Deborah Glick, Chairwoman of the Committee on Higher Education, and ask her and all legislators to amend our State Constitution to say that each year’s budget needs to be balanced before it can be passed, not that fiscal projections need to be balanced, because in reality (as we now see), projections are rarely accurate. As future lawyers and alums of UB Law, it is incumbent on us to change what needs to be changed, and that is New York State government. We need to make the effort to protect our investment from a government that, in the middle of the first-term, jeopardizes the very reasons we chose a public school over a private school. Deep inside I know I made the right choice to transfer to UB Law. The true reason, which I neglected to mention earlier, is that if I had gone to Hofstra, I would have had to live at home with my parents and that’s not good if you study in the nude. Opinions and Commentary Cold War · from Page 1 CERCLA · from Page 1 by Russia could cause tremendous headaches for the West. To be sure, a confrontation with Russia, or even hint of confrontation, would come at a dear price. So what should and/or could the West do to restrain Russia? First, NATO should extend membership to Georgia, the Ukraine, and other similarly threatened nations. Obviously, this would draw anger from Russia, as they view this as a direct threat to their sovereignty. However, a Russian military response is unlikely as an attack on a NATO member would draw a retaliatory response from the bigger and much stronger NATO. Second, the West can continue to fund and militarily train nations threatened by Russia: Ukraine, Georgia, Israel, and Azerbaijan. Other possible measures include denying Russia membership into the World Trade Organization (“WTO”) or expelling it from the G8. I do not think those measures are practical for two reasons: 1) Russia is already a non-member of the WTO and is still a threat, and as a result 2) to explicitly exclude them would only negatively affect the West, i.e., Russia increasing the price of oil. By supporting Western allies and extending NATO membership to threatened nations, the West can both marginalize Russia and maintain a strong deterrence to a Russian response. Whatever approach is taken, Russia will need to be a key priority for the next administration. 4 fees. However, sites employing insurance backed liability transfer agreements reduce the number of parties the agency must interact with from potentially thousands to only one, thus substantially reducing delays and expenses. Such improvements are particularly salient given the fact that contamination at Superfund sites present such considerable risks and the administration of the Superfund program is paid for largely with taxpayer revenues. Provided proper controls are in place to maintain cleanup standards and the EPA insists environmental contractors select comprehensive remedies, the expanded use of insurance backed liability transfer contracts at Superfund sites should be codified into law in order to advance CERCLA’s primary goals. �The Opinion law.buffalo.edu/orgs/opinion September 2008 A few days ago, before class began, I was monitoring AIG’s stock price on Google Finance. The stock market hadn’t opened yet, but AIG was on the brink of By Jonathan Pollard collapsing as there were rumors that its credit rating would be downgraded and that it did not have enough capital to cover its underwriting obligations. From the premarket price action of the stock, and the headlines about the impending Lehman Brothers bankruptcy, I knew there was going to be a huge move to the downside. So I made a bet that would AIG would fall majorly. Why You Need to Be in the Game One of my classmates who was sitting beside me noticed that I was looking at the stock chart intently and watching the tick by tick moves of AIG. He asked me if I was into investing and the stock market in general. When I told him yes, and asked him if he was, he said “No. And I don’t want to ever own a stock. Can’t you lose all of your money in a second? I mean, isn’t it like gambling?” It’s not all that important what I told him. But it is important what I’m going to tell you. The answer to the first question is that even though you can theoretically lose ALL of your money by investing in the stock market, that sort of feat takes a lot of talent. Unless the company that you’re investing in goes bankrupt, you more than likely won’t ever see your bank account go straight to zero. This is not to say that you can’t lose money over a specified period of time. I’ve lost money in the stock market before, and there are a lot of people who own stock mutual funds in their 401(k) plans who are losing money hand over fist now too. Markets go up and go down, but the stock market generally moves in tandem with the various economic cycles of the times. And over the long run – that is, over any 20 year period in the 20th century – stocks have outperformed all other asset classes. Yep, that includes real estate, bonds, precious metals, you name it. The answer to the second question is that yes, investing in the stock market is comparable to gambling. However, I don’t mean to imply by likening it to gambling that it is the same as betting on a roulette wheel, or buying a lottery ticket, or playing the slots at Seneca Falls. In the latter, you have absolutely no competitive advantage whatsoever. If you get lucky, you win money. If you don’t, you lose money. But when you invest, it is possible to make educated guesses, through research and personal experience, about which companies will be profitable. Here’s an example. Don’t you remember when you heard about the iPod back in 2003/2004? If you had noticed that all of your friends were starting to use it and other Apple products en masse and made a $100 investment in July 2004 and sold at the end of 2007, that $100 would be worth more than $1400. Here’s another one: you know those Ugg boots that so many women love? Those are made by Deckers Outdoor Corporation and if you had noticed the fad on college campuses in late 2005 and made a $100 investment, that $100 would have been worth $600 at the end of 2007. I want to backtrack for a second though. I am oversimplifying things a little, because not everyone will be able to pinpoint these homerun stocks all the time. Not even professional money managers can all the time. But the point that I’m trying to drive home is that as a small investor, you are often able to see fads and trends that are hugely profitable before the Wall Street types do. And although this is not true for everyone in our law school class, I would venture to bet that the majority of people here are in their 20s and 30s. These are prime investing years. The reason that they’re prime investing years is because you have enough time to make back any money you’ve lost in the stock market through future returns on investments and through your paycheck. Relying on your paycheck alone though will not allow you to retire in the comfort that I suspect most of you would like. Why is this? Because your paycheck is eaten up by inflation. If you, like my classmate, just keep your money in a savings account that pays 3% annually, and the cost of living goes up by 4% annually, you’re actually losing money. So you can try to “protect” your money by not putting it in the stock market, but in the end, you still lose out to inflation. Stocks have historically returned 8 – 9% a year, including dividends, over the past century. And obviously there are times like now where there are huge stock market gyrations, but over the long-term, the stock market is the greatest game/wealth-generating machine in the world. By not taking prudent risks with your money, you are actually taking the biggest risk of all – spending the last season of your life in material discomfort. Anyone, with any discretionary money, can get started with investing. If you see me around and you want to know more about what books you can read or what resources you can use to learn about investing, let me know and we can bounce ideas off of each other. Opinions and Commentary NYC Program · from Page 1 fundamentals of finance. Finance has its own language and during January, you will learn it on conversational level and by the end of the NYC program, you will speak it fluently. During the bridge term, students are required to write one to two memos every week, read financial publications and be ready to discuss financial news. One of the most important things in the finance and business world is to stay current and look forward. That is why the NYC program places so much emphasis on keeping up with the news. Spring Semester As February approaches, students make their move to the Big Apple. Spring semester classes are usually held at the Stony Brook Manhattan facility which is located on Park Avenue and 28th Street. This area of New York City is safe and easy to get to by subway, not to mention the fine array of Indian buffets available for lunch. Classes are held four days a week with every week covering a new topic, such as capital markets, bankruptcy, emerging markets and many more. Usually, there is a written assignment involved every week as well. The typical class begins with a professors’ lecture on the week’s topic which is followed by speakers who come and are either practitioners or experts in their field related to the topic of the week. Speakers make the NYC program such a unique experience. In law school, we are used to see an academic point of view but the program allows you to see and experience how it all works out in practice. Additionally, several of the speakers are involved in deals we read about in the Wall Street Journal so we got an insider’s perspective and understanding on some major financial events. Team Projects Team projects are the highlights of the program which give students an opportunity to get involved in an extensive study of real world financial or business related problems. Students are divided into teams and each team has a sponsor, who gives a team a semester long assignment/project. My team’s sponsor was a senior partner at Dewey & LeBoeuf LLP and we wrote a paper for him on best practice recommendations for an esoteric financial instrument. Our project sponsor met with us on a regular basis to discuss our progress and give his suggestions. Meetings with him were exciting events not only because of the opportunity to talk to someone who is highly knowledgeable and influential in his sphere of work, but also our project sponsor would always treat us to a nice lunch. At the end of the program, each team had to present the finished product to the whole class, our sponsors and professors. Exams The best part of the program is that there are no exams. However, the project, weekly written assignments and a large amount of readings compensate for the lack of exams. Living in a Big Apple There is no better place to study finance than in the financial epicenter of the world, New York City. However, living there is not for everyone. You will either end up loving it or hating it, but you will not find out until you try. Since I already lived in New York City for ten years, I tried to get a perspective of someone who is new to the Big Apple. One of the participants of the NYC Program said that “it’s nice to know that I can live in NYC, it kind of demystified the somewhat potentially intimidating aura surrounding it.” She discovered that New York City is “full of friendly people, great food and tons of possibility.” Another past participant said that before she did not even want to apply for jobs in New York City, but now she sees herself living there. Even though New York City is a big place, you are not going to feel lost there because the city has something for everyone. There are downsides of living in New York City as well. Rent is expensive in Manhattan. The produce tastes bad, unless you buy the most expensive organic kind. Many past participants missed Wegmans. Those downsides can be fixed by settling for a tiny apartment with roommates or renting a place outside of Manhattan, like in Brooklyn or Queens. Keep in mind that you will not be driving there because New York City subway system is very efficient and safe, so you will save money by not paying for gas. As to the produce, hopefully, you will get used to it. At least I did. 5 �The Opinion law.buffalo.edu/orgs/opinion September 2008 The Baldy Center for Law and Social Policy Getting to know us On the 5th floor of O’Brian Hall you’ll find the Baldy Center for Law & Social Policy. The Baldy Center is an internationally recognized research center devoted to fostering the interdisciplinary study of law and legal institutions, and is now directed by legal anthropologist, Law Professor Rebecca French. Student Participation The Center provides numerous opportunities for law and graduate student involvement in center activities, e.g., in October:  participate in faculty seminars and work-in-progress presentations  October 15: “Framing Reparations Claims: Differences between the African and Jewish Social Movement for Reparations” with Rhoda Howard-Hassan, Canada Research Chair in International Human Rights, Wilfrid Laurier University, Canada  October 20: “The Elastic Tournaments: The Second Transformation of the Big Law Firm” with Marc Galanter, Law and South Asian Studies, University of Wisconsin, Madison  October 22: “The Discomfort of Religion: Integration of post-War Immigrants in Western Europe Compared with the U.S.” with Leo Lucassen, Social History, Leiden University, The Netherlands  October 29: “Communally Held Intellectual Property” with Dorothy Noyes, English and director, Center for Folklore Studies, Ohio State University.  attend conferences and workshops, there are three this semester:  James Atleson, Values and Assumptions in American Labor Law: A 25th Anniversary Retrospective (September 19)  Same-Sex Marriage and Federalism (October 3)  Can Attorneys Disclose Clients’ Suicidal thoughts? Exploring the Ethical and Legal Issues (December 4-5) Interdisciplinary Study: Fellowships, Course Lists The Baldy Center encourages and provides advisement for students interested in the collaborative JD and PhD degree programs. Of particular interest to current students, is the Gilbert D. Moore Fellowship awarded each year to four academically superior students pursing the collaborative JD and PhD program. The Moore Fellowship provides a $20,000 stipend, a full tuition scholarship, and health insurance. Lists of interdisciplinary courses on law and legal institutions taught throughout the university are posted every semester on the Center’s web site. More Information Visit the Baldy Center’s web site at http://www.law.buffalo.edu/baldycenter/studentinfo.htm or stop by 511 O’Brian Hall for more information about any of these programs and opportunities for students. UB's Incoming Law School Class Among the Best Ever The University at Buffalo Law School this semester welcomes one of its most accomplished and selective classes in its 120-year history, a group of students Law School Dean Makau W. Mutua called a "breakthrough" for UB Law and the foundation on which to make UB one of the finest law schools in the country. The school's class of 2011 was chosen from a national application pool of over 2,300 applicants, an increase of 52 percent from the previous academic year. Only 31 percent of the applicants were admitted, making this year's class one of the most highly selective in recent years. "It is undoubtedly one of our strongest classes ever," according to Mutua. "It raises our selectivity and places UB Law in a strong position to improve its reputation in the profession, in the legal academy and among prospective applicants." The 222 first-year law students had a median LSAT score of 157, with 25 percent of those accepted scoring 160 or better. The class earned a median gradepoint average of 3.48; 25 percent of those come to UB with a 3.71 GPA or above. "This is simply a stellar class. Top credentials, fine undergraduate educations, interesting backgrounds," said James R. Newton, associate dean for administration. "I would say that this class has it all." Class of 2011 Profile From a national application pool of 2,304 –a 52% increase from last year– this group attended some of the best undergraduate schools in the country. Newton praised the law school's admissions office for a "superb" job and said the credentials of this class presented an "exciting future for these students and UB's Law School." The students come from some of the top universities and colleges in the nation, including Duke University, University of California at Berkeley, Vassar, Georgetown University and Cornell University. The average age is 24, with 30 percent over age 25. Twelve percent of the class holds advanced academic degrees. Sixteen percent come from out of state, and 48 percent are females. "The class of 2011 is impressive and demonstrates the competitive advantage we have in the legal education marketplace as SUNY's only law school," said Lillie V. Wiley-Upshaw, vice dean for admissions and financial aid. "Our students made a smart choice. We offer a high-quality legal education at an affordable tuition. They will be surrounded by other exceptional students and will earn a law degree that will allow them to fulfill their professional dreams – without having to mortgage their future." Wiley-Upshaw also said UB's Law School has increased its scholarship money by 55 percent over the previous year. Mutua said an accomplished and selective law class is central to the academic excellence and overall reputation of any law school, and is particularly crucial to UB at this point in its development. "It's the pivot on which great programs are built," Mutua said. The increase in this year's class statistics is a significant step toward enhancing UB's excellence and achieving a higher awareness of that status among other academic institutions throughout the country, he said. 6 �The Opinion law.buffalo.edu/orgs/opinion September 2008 New Director for the Law/Public Health Program On behalf of the University at Buffalo Law School, The Opinion would like to welcome Ruqaiijah Yearby to the community. Yearby joins us from Loyola University Chicago School of Law. She sees this as a “great opportunity” and a chance to work with “great people” and was honored to be appointed as director. The JD/MPH Program prepares students for work in public health law in a four years. Yearby contends that public health encompasses many exigent issues in today’s society needing immediate attention, including a lack of health care and elderly care. Graduates receive both a juris doctor and a masters of public health. A student enrolled in the program experiences a typical first year in law school, taking the core courses. For the next three years, students are able to pick and choose courses at their liking, similar to the typical upper level UB law student, with the exception that sometime during their tenure they must complete thirty credits in the School of Public Health, located on the South Campus. At the end of the program, the students are required to complete an integrated project between both schools. The project involves research, writing and probably the drafting of an amicus brief. Yearby is originally from Detroit and sees Buffalo as a nice change of pace, because she is more accustomed to a small town atmosphere, where she can move around quickly. She received her J.D. from Georgetown and her M.P.H. from Johns Hopkins. For more information on the program, please contact Professor Yearby at rayearby@buffalo.edu. Rebecca French Named to Head Baldy Center at UB Law University at Buffalo Law Professor Rebecca Redwood French, a Roger and Karen Jones Faculty Scholar, has been named director of the Baldy Center for Law and Social Policy at the UB Law School, Dean Makau W. Mutua announced today. An international authority in law and anthropology, French has done landmark research on the Buddhist legal system of Tibet. French's appointment takes effect Aug. 16. She succeeds Lynn Mather, UB professor of law and political science and a distinguished scholar in the area of law and the courts, who came from Dartmouth College to Buffalo to head the Baldy Center in 2002. The Baldy Center is an endowed, internationally recognized institute that supports the interdisciplinary study of law and social institutions. More than 100 UB faculty members from 17 academic departments participate in Baldy Center research, conference and scholarship activities, as do an increasing number of graduate students. The center maintains cooperative ties to other interdisciplinary research centers and co-sponsors a regional network of socio-legal scholars in New York State and Canada. The Baldy Center also hosts distinguished scholars from around the world as visitors, speakers and conference participants. "I am delighted that Rebecca French has agreed to lead this crucial component of the Law School's research mission," Mutua said. "Her experience in studying comparative law and her enthusiasm for the possibilities of interdisciplinary approaches to the law can only strengthen the unique mission of the Baldy Center at the University at Buffalo and beyond. As we continue to enhance UB Law School's academic reputation nationally and internationally, the Baldy Center will play an important part in our continued success." French joined the UB Law School from the University of Colorado School of Law, where she conducted the research for her groundbreaking book "The Golden Yoke: The Legal Cosmology of Buddhist Tibet." The project was an outgrowth of her interest in Asian legal systems and her experience at Yale University, where she earned both a Master of Laws degree and a doctorate in anthropology. A philosophy major as an undergraduate at the University of Michigan, she earned her J.D. degree from the University of Washington Law School. She served for three years as a public defender and for four years in general practice in the Pacific Northwest. French has spent time in India doing research on Buddhism and the law in the Tibetan community there. As an expert in Tibetan law, she has spearheaded the development of the new discipline of Law and Buddhism and has organized the first international conferences and working groups in this area. French was instrumental in bringing the Dalai Lama, the exiled religious leader of the Tibetan Buddhist community, for a much-heralded visit to UB Law School in September 2006 for the first discussion and conference with the Dalai Lama on Law, Buddhism and Social Change. Cambridge University Press next year will publish her edited work, "The Cambridge Companion to Law and Buddhism," which will be the first comprehensive volume on the topic. She is currently conducting a major research project that brings tools of anthropology to bear on 2,500 cases on religion in the United States. The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. Have an Opinion? Let us know what you think. Visit our web site at http://law.buffalo.edu/orgs/ opinion to find out how to contact us. 7 �The Opinion law.buffalo.edu/orgs/opinion September 2008 I told our editor-in-chief, Anthony, that I would try to come up with something decent to share for this latest Opinion publication. I have opinions. Tons of them. By Luis Segura Not always well-organized ones, but opinions nonetheless. I started listing several different topics that I might want to cover and that you would hopefully find interesting. Then I went on to cross out every single idea on the list. I considered discussing national politics. You get enough pigs and pastors every day on the so-called news, so I promise not to bother you with that. How about my opinion on the Law School’s growing love affair with multiple choice testing? Maybe next time. But good luck to you 1Ls as you prepare to tackle the Commerce Clause or contributory negligence in the form of four or five neatly packaged choices. When in doubt, go with C! As I looked at my list of crossed-out potential topics, I realized what a great opportunity I have here. For the first time since I started law school in August of 2006, I am not regurgitating case law or flipping through an awesome little book reminding me of how stupid I was for not remembering to add a space between “F.” and “Supp.” on that last minute memo. Nope. Not today. No calling the nice Lexis folks with the southern accents for help. No impatient partner to impress with my pathetic research results on a completely ambiguous area of federal civil procedure law before noon. Just putting my thoughts down on paper. Just you, me, and my laptop. Read Any Good Books Lately? The title of this piece might seem a bit random to you. While randomness is kind of a specialty of mine, this title is actually somewhat relevant. It is a question that my non-law student friends (you know, those who get more than six hours of sleep and still have their eyesight, hair, and liver intact) ask me from time to time. A question that usually evokes a good laugh and makes me put my highlighter down for more than five seconds. A question that no law student would bother to ask me. “Have you read any good books lately?” When we actually get to chat for more than a couple of minutes, my friends from back home love telling me about the latest novels and non-fiction books that keep them captivated. They e-mail me copies of their most recent paintings, sketches, lyrics, and poems. Most of these works are quite impressive. Then I rush home to squeeze in a little sleep between my afternoon class and one of my countless student organization meetings. As always, I walk through the door of my increasingly messy apartment to find two unfinished oil paintings in the living room staring me in the face. One of the New York City skyline, and another of what I imagine a Hawaiian landscape to look like. These paintings have been staring me in the face since August of 2006. Teasing me. Reminding me of what I allowed law school to steal from me. I highly doubt that I am alone here. I am sure that many of you have also surrendered some of your passions on the quest to obtaining a highly coveted law degree. We try to convince ourselves that this surrender is only temporary, and that we will continue doing what we love as soon as we take on that nasty little test in July after our final year. I am certainly not saying that we cannot be passionate about the law. Of course we can. In fact, we should be. Nurturing our passion for the law will undoubtedly enable us to become exceptional attorneys, professors, and crusaders for various public causes. In this article, however, I am referring to those passions for which we do not receive a paycheck. The various passions that make us who we are. Many of my conversations with some of you involve going through an exhaustive list of things that we used to enjoy doing before law school. It kind of goes something like this: Before law school… I used to exercise twice a day. I used to race competitively. I used to volunteer several hours a week at the community center. I used to skydive. I used to surf. I used to read every major autobiography that I could get my hands on. I used to go around sketching anything and everything around me. I used to discuss and consider the teachings of my favorite philosophers. I used to build things with my hands. I used to “freestyle” with my friends. I used to cook. I used to play in a band. I used to go to the beach at sunrise just to sit and think. I used to write poems and even got the nerve to recite a couple in public. I used to walk around the city taking artistic photos. I used to meditate. I used to have daily conversations with my brother and sister about serious life issues, funny memories, or nothing at all. Some of the items on this list are passions I nurtured prior to coming to law school, and others are passions that some of you used to pursue. Do not think of this article as just another reminder of what you used to be able to do. My intention is not to be a downer here. Think of this as a call to action. An opportunity to sit down for a moment and consider all of the different passions that you once actively nurtured, and the goals that you felt compelled to put aside when you came here. Maybe you can even list them in order of priority. Once you have done this, try your best to figure out which of these passions you can reasonably handle. Squeeze them into your busy calendar. Then go for it. I know what you are probably thinking. That you are way too busy. That as a law student, you just do not have the time. This is an easy excuse to rely upon. I should know. I use it all the time. The path of least resistance is always easy. Of course, law school is important. Your career is important. But let me ask you this: is a degree more important than your development as a person? Is a job more important than your connection with loved ones? I seriously hope not. As I write this article, I am disappointed in myself for not having addressed this issue earlier in my law school career. Writing this piece has been surprisingly therapeutic for me. Now if you’ll excuse me, I have a couple of oil paintings sitting in my living room to complete. The mess can wait. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/12a87a6a08b6b67c47b82c015d4cc952.pdf f64b237116f2b09de3d3a5bfec508ca4 PDF Text Text The true irritation in law school... - COMMENTARY ON BACK PAGE The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 2 The Student Newspaper of the University at Buffalo Law School October 2008 Working for the Judge The Top Ten Reasons I Accepted a Judicial Clerkship By Eddie Gonzalez For many, fall is a lovely season: a kaleidoscope of reds, yellows, and orange. It is a quaint time filled with visits to the pumpkin patch, costume parties, crisp autumn walks, and most importantly, candy corn. Law students, however, have a different view of fall. It‟s a season of horrors; a time consumed by job searching, cover letters, interviews, follow-up letters, and rejection letters. Considering the amount of debt accumulated in seven years, it is no surprise that many law students apply or plan to apply to large firms. It‟s understandable. With that in mind, do not let quick gratification blind you from considering other opportunities that may bring about the same, if not more, benefits albeit less quickly. As we enter the fall, consider applying for a judicial clerkship. Clerkships are available in both the federal and state courts, and at both the trial and appellate court level. Trial court clerks are involved in fact-finding and the daily processing of litigation: motion practice, discovery disputes and settlement conferences. In contrast, appellate court clerks research the issues of law and fact, and draft memoranda and/or working opinions for judges. Many attorneys view judicial clerkships as the most prestigious and distinguished way to begin a legal career. Therefore, consider a judicial clerkship, even if you‟ve accepted an offer. While that may seem irrational, the following ten reasons explain why law firms view clerkships so favorably and why many will preserve their original offer if you decide to accept a judicial clerkship. 1. Judicial law clerks are exposed to many different areas of law. This allows you to gain See Clerkship · Page 2 Alice Paul is Rolling in Her Grave: How Sarah Palin Cheapens Breaking the Glass Ceiling Reflections From the Bottom – And Why You Should Cheer Up By Jonathan Pollard By Danielle M. Restaino By now everyone who has watched the VicePresidential debate has formed their own opinions about Sarah Palin and her performance. For some it may have helped them decide between the two tickets and who they would rather have at the helm of this nation. For others it may have only reinforced the opinion they had of her going into the debate, and that is exactly what it did for me. This is merely my opinion, so readers feel free to disagree, but I dislike the Governor from Alaska on so many different levels it makes my skin itch. Needless to say there is not one iota of policy that has come out of her mouth that I agree with, but she is offensive in a much more personal way as well. Her presentation of a folksy, cute, hockey mom, in my view, comes off as cheap and contrived and does a disservice to women who work hard to be taken seriously in the professional world. infra ADR 2 Peace 3 Inside UB Law School 5 Transferring 6 Your Vote Matters 7 No More O’Brian Hall 8 “Chance favors the prepared mind.” – Louis Pasteur Even if you‟re not a follower of the stock market, if you‟ve turned on a television or looked at the front page of virtually any newspaper, it‟s been pretty hard to ignore the violent stock market fluctuations of late. All of the major American stock indices – the Dow Jones, the NASDAQ, and the S&P 500 – are down 36.29%, 37.81%, and 38.76% respectively from a year ago. What‟s worse, the Dow Jones – the index which tracks the performance of the stocks of the 30 largest companies in America – took a 21.9% dive this week alone, crashing from 10,831 to 8,451 in a mere five trading days. Unemployment is at levels not seen for years. Global bourses are in freefall from the fallout in the American subprime mortgage market. Multinationals are slashing jobs left and right. Credit card companies are lowering their credit limits. It‟s harder to get private student loans. White-shoe law firms are not hiring at the brisk pace they were approximately a year ago. So what‟s the good news in the midst of this economic turmoil that according to some pundits we haven‟t seen since the Great Depression? This is not to say that my distaste for Palin is not conflicted. Part of me wants to root for her because she is a woman and is coming very close to achieving something no other woman has. The problem I continuously run up against is that I do not think she is truly achieving anything on her own merits. She has been put on the Republican ticket because someone thought having a female vice-presidential nominee would be politically expedient. To champion her in the same way Hillary Clinton can be championed in terms of moving women forward seems insulting to the work second wave feminists Before I answer, let me just state that I‟m not a market-timer, nor do I claim to be one. I don‟t know where the stock market is going to be a year or even three years from now. Bear market cycles usually last for three to four years. It took America a while to get into this crisis by doling out mortgages to people who couldn‟t afford them and then banks buying up these bundled mortgage-backed securities. And it‟ll take us a while to get ourselves out of this morass. What I do know though is that we will get ourselves out of this. After every stock market dive, there‟s always a rebound eventually. And the good news is that most of us in law school have our whole working lives ahead of us to reap See Palin · Page 3 See Business · Page 4 1 �The Opinion law.buffalo.edu/orgs/opinion October 2008 Alternative Dispute Resolution (ADR) is one of the most rapidly growing fields in the legal community. Parties in dispute are turning to ADR more frequently because most types of By Elizabeth Hersh ADR are usually much less expensive than traditional litigation, and also less time consuming. Different modes of ADR are usually more client centric than litigation, and clients can reach an amicable solution for both parties, as opposed to establishing a winner and loser, which is usually the end result in a trial. In addition, parties with a sensitive issue can avoid the publicity, or public involvement which can go along with a trial. Parties who engage in alternatives to litigation have experienced a high level of success, and judges are recommending parties to take part in some form of ADR at an unprecedented rate. A Growing Legal Field Despite the growth and success of ADR, many misconceptions remain among aspiring lawyers and even in the legal community. First, many people believe that ADR is a limited field that only involves mediation. Others feel that these methods do not involve real lawyering or that tough lawyers will never need ADR. Many people also believe that choosing a method of ADR is the weaker choice, and if not the weaker choice, than at least the less profitable option for lawyers. These misconceptions are simply incorrect. ADR includes any type of alternative to traditional litigation, and while this does include mediation, there are a variety of alternative methods such as negotiation, arbitration, conciliation, and private judgment. ADR may be a well known option in labor law and divorce law, but the fact is, every type of law involves litigation alternatives in one way or another. Knowing how to utilize different ADR methods is an extremely useful tool for all lawyers whether they are trying to negotiate with an unreasonable client, or seeking a plea bargain for a guilty client. Also, a career in this field does not have to be less profitable than a career in traditional litigation. This misconception comes from the possibility that ADR lawyers may make less per client, or settlement, than lawyers involved in litigation alone; however, ADR lawyers are often able to take on a higher volume of cases, which can more than make up the difference. We are very fortunate as law students here at UB to have not only an Alternative Dispute Resolution Group for students, but a faculty who recognizes the importance of this growing field. The ADR Group seeks to promote awareness for ADR through hands on experience. The group takes part in the Annual Mediation Advocacy Competition in November where students have the opportunity to give mediation a try by playing the roles of lawyer or client. If you were unable to take part in Moot court or Mock trial, this is a great opportunity to learn about and practice a different type of legal skill. The club also offers a workshop where students are able to obtain their actual mediation certification. The UB Alternative Dispute Resolution Association hosts the workshop during Spring semester. While the workshop normally costs around $500, students who participate pay a fee of around $60. Training teaches students through hands on exercises how to use various dispute resolution methods to reach different kinds of solutions. This workshop is a great resource for all students no matter what area of law they hope to pursue. The ADR group also invites speakers to come and converse with students about alternative careers to litigation, and also the significant role ADR plays in a variety of legal careers. And of course like all legitimate clubs, the ADR group will be planning a bar night for this year. The ADR Group is not the only way to learn about or become more involved with ADR. The law school offers a handful of classes on various aspects of ADR. These classes include Labor Arbitration, Mediation, and Alternative Dispute Resolution. In the mediation class, students have the chance to conduct a mediation session and in the Labor Arbitration class students have the opportunity to conduct an arbitration with a witness. The school also offers a mediation clinic where students get to put their ADR skills to use in the field. Joining the ADR group is a fantastic way to strengthen your legal skills, and also learn about the growing field of ADR and the careers involved. Keep your eyes and ears open for upcoming ADR Group events. If you have any questions, feel free to contact any of the group officers listed on the student organizations page of the law school website, or check out the Facebook group: SUNY Buffalo ADR! Opinions and Commentary Clerkship · from Page 1 relevant experience in diverse fields and may help you decide which fields interest you. 2. The amount of time spent in intensive research and writing will provide you with valuable experience that will benefit you greatly in your subsequent legal career. As every law student knows, cases are won with well written briefs, not bombastic oral arguments. 3. Being a judicial law clerk forces you to become extremely familiar with procedure. While this may not seem appealing at first, I‟d just point out that many well respected attorneys have jeopardized their cases due to procedural errors. 4. Judicial law clerks gain valuable experience defending and advocating their positions to a judge. In contrast, many associates will not have the opportunity to directly advocate an issue with a judge until their third year. 5. Many judges take a personal interest in the future success of their law clerks and often take the role of a mentor. 6. The competitive selection process leads many law firms to view judicial law clerks as highly desirable attorneys who have been hand chosen by well respected judges. 7. Judicial law clerks are perceived to have inside knowledge of a judge‟s practices and thought process. Thus, law firms view attorneys that have clerked at certain courts as assets; individuals that provide needed insight. 8. Judicial law clerks develop great networks through their daily interaction with lawyers and judges. 9. A recommendation from a judge, especially a local judge, goes a long way when applying for a position at a law firm. 10. Finally, attorneys with law clerk experience gain a professional self-confidence far earlier than attorneys who have not served as judicial law clerks. Judicial clerkships are an investment. They provide future attorneys with valuable research and writing experience, and offer numerous rewards. As a result, many law firms view a clerkship as a prestigious experience that will positively impact their firm. For this reason, more and more law firms offer financial bonuses to attorneys with clerkship experience. Some go as far as crediting an attorney‟s time as a judicial law clerk towards their path as a partner. What‟s more, while the salary is not fantastic, it‟s pretty good. For example, according to the Vermont Law School 2009 Guide to State Judicial Clerkships Procedure, an appellate court clerk at the Fourth Department earns $67,000 upon admission to the New York Bar. With all that, it should come as no surprise that 97% of judicial law clerks say they are glad they clerked. Thus, there is little reason not to at least consider applying for a judicial clerkship. Whatever your decision, I wish you good luck during this demanding and occasionally nerve-racking process. 2 �The Opinion law.buffalo.edu/orgs/opinion During the course of political discussions with fellow classmates it is not surprising there is a range of differing By Adam Wynn opinions and thoughts on the direction our country should take, who the best leaders are to bring us there, and the meaning of some of the fundamental foundations of our democracy. However, I believe there are a number of issues and ideas upon which most can agree; chief among them is world peace. The Essence of Peace The Opinion October 2008 Volume XLVI, Issue #2 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Sarah Brancatella, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 The Opinion, 101 John Lord O‟Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. October 2008 Historically, the advancement of peace does not emerge from spontaneous changes in human thought but from “a gradual evolution in human institutions and a series of concrete actions.” President, Kennedy coordinated White House operations by actively formulating and implementing policy goals, which were not only personally important but in the national interest and a larger world interest. In doing so, Kennedy did not act as though he were constrained by proposals from government bureaucracy; instead he exercised his judgment and acted independently. This defiance is perhaps best exemplified in his handling of the Cuban Missile Crisis, where General LeMay and others advocated for bombing Cuba and a full-scale invasion despite previous failures in the Bay of Pigs. Kennedy had the foresight to know that such military action would lead to Soviet action in Berlin. As a result of such maverick thinking nuclear catastrophe was averted. In the Commencement Address at American University on June 10, 1963 President Kennedy laid out his vision for world peace. “What kind of a peace do I mean and what kind of peace do we seek? Not a Pax Americana enforced on the world by American weapons of war. Not the peace of the grave or the security of the slave. I am talking about genuine peace, the kind of peace that makes life on earth worth living, the kind that enables men and nations to grow and to hope and to build a better life for their children -- not merely peace for Americans but peace for all men and women -- not merely peace in our time but peace for all time.” I submit these are qualities we should be looking for in our next leader; the speech was not only eloquent but also arguably quite effective, as the Partial Nuclear Test Ban Treaty was signed four months later. Changing attitudes towards the Soviet Union as recommended by JFK drove this process forward. The core elements of this call to peace are more than relevant today. While nuclear disarmament as an instrument of change is not quite as pertinent (though very relevant), an up-tick in diplomacy and an emphasis on understanding commonalities between nations, both allies and enemies, are critical components of plans for both peace and a safer, more secure world. In the same speech, Kennedy reminds us “No government or social system is so evil that its people must be considered as lacking in virtue. As Americans, we find communism profoundly repugnant as a negation of personal freedom and dignity. But we can still hail the Russian people for their many achievements -- in science and space, in economic and industrial growth, in culture and in acts of courage.” It is the opinion of this author that in an age of international terrorism, racial profiling, denial of civil liberties, and misunderstanding a new call towards communication and opening of dialogues with enemy states is not only appropriate but necessary for peace and security, and its suggestion should not be dismissed as naïve. Aside from a broader link to world politics, how does this historic speech and its values connect to our lives as law students and as part of the University at Buffalo community? While all of us come to law school from diverse backgrounds, different parts of New York and the country, and hold fast to different beliefs, we also all have some professional goals in common as well as values that bind us together as human beings. I believe we all look forward to success in law school and the opportunity to make good law in practice. Kennedy acknowledged that more important than immediate personal or national goals are greater commonalities, claiming, “For in the final analysis, our most basic common link is that we all inhabit this small planet. We all breathe the same air. We all cherish our children's future. And we are all mortal.” With this in mind, based on my experience in law school thus far, I applaud the atmosphere of collegiality maintained within our University; however, as our time progresses and we manage to construct various alliances, I hope we continue to support one another throughout our professional development, perhaps creating a more peaceful law school experience and ultimately working towards a more peaceful world. Opinions and Commentary Palin· from Page 1 struggled so hard to accomplish. Palin, like so many of us, are reaping the benefits of the work done by that previous generation of women. Her being chose to run for vice-president is in thanks to women of the 1960‟s and 70‟s who fought to be treated equally with men. For her to come onto the national stage without any substantive knowledge of issues or policy, regardless of political persuasion, and use her perky one liners to win sympathy with voters is a disgrace to the generations of women who fought, and are fighting, for so much more. If she were merely another conservative woman, one who advocates her philosophies and positions on women‟s issues zealously, as do women from left, then I would of course disagree with her, but in the very least I would respect her as simply having a different perspective on the issues. But Palin cheapens the debate. She comes off as a caricature of a woman running for vice-president, and in the process changes the game for other women trying to be successful in their professional lives. Those women, who work very hard at achieving graduate level education and perhaps are not as bubbly, or are choosing not to get married, can now be criticized for being hyper-ambitious, because they are not the homecoming queen stereotype that is projected by Palin. She makes it very difficult to be a woman and be serious about success, when her image is anything but professional. In fact she is encouraged to be somewhat unprofessional in an attempt to seem “average.” And people reward her pandering with support for her candidacy. Beginning in 1848, women organized and sacrificed to achieve suffrage in this country. They protested, marched, were arrested, beaten, and dismissed, yet they proceeded to fight until women won the right to vote, all the while hoping that someday women would play active leadership roles in all aspects of the public sphere. I hardly think that the women at Seneca Falls believed all of their hard work would find fruition in someone embracing an image as “the hottest VP.” The novelty of Palin as a candidate is shameful, and if she truly cared about the work other women have done in the history of our country, so she could be standing where she is today, she would demand better of herself. Palin would not act as is she were running for student council, and rather would project an image of a serious woman with serious thoughts about tough issues. Instead, she has played down to what sexism in America dictates is an acceptable demeanor for a woman. The Governor allows herself to be described as feisty rather than assertive, as a tough cookie rather than persistent all in an attempt to be un-offensive to the “Joe Sixpack” voter. In the meantime she has sold out other women who want to rise above that standard, who want to achieve success in their lives not by placating to the stereotypes of how a woman should behave, but to achieve by pushing themselves emotionally and intellectually to accomplish their goals whatever they may be. This is why I cannot look at Sarah Palin as a woman who should be admired for her achievements in politics. Her regurgitated debate responses (using that term loosely) portray an image of a woman who is really not too worried about thinking, but instead looks the part and just waits for someone to tell her what to say. I guess if this were 1950 she would be a maverick of a woman on the political scene, but it‟s not. This is 2008 and women should expect much more of themselves than what Palin has shown to the American people. At this point in the election season I don‟t know how many voters actually take her seriously. As a woman this is troubling because the ability to elect a woman to the presidency or vice-presidency is incredibly significant in the progress of America, but after this election it will be that much harder to do so. And for that, women everywhere can thank prom queen, head cheerleader and all around Miss Congeniality, Sarah Palin. 3 �The Opinion law.buffalo.edu/orgs/opinion October 2008 North Korea‘s Nuclear Brinkmanship, ―working Fine‖ By Tae Kyung Sung Finally, North Korea no longer makes the U.S.'s list of states that sponsor terrorism, as announced by the State Department spokesman Sean McCormack on October 11th. What does this mean? Are the nations involved in the six-party nuclear talks, including the United States, really interested in getting North Korea to give up its nuclear ambitions? Or are they more concerned about what they stand to lose if that negotiation efforts failed, perhaps acknowledging to the world to their utmost embarrassment, that the communist nation had a better strategy than the rest of the five global super powers involved in the multilateral disarmament talks? Maybe this is why, too often than it should, North Korea's nuclear brinkmanship is working just fine. Having once closely followed the six party nuclear talks as a journalist back home in South Korea, I can tell you firsthand, that these talks are all about not losing face at the negotiating table. And this is why at the end of the talks, what reporters hear from the representatives are pretty much the same, whether or not a deal has been struck behind closed doors. This is how the reporters interpreted the spokesmen's messages. If they say, "negotiations are underway," we heard it as "talks are going nowhere and we hate each others' guts." If they say "an agreement is underway," we heard it as "an important promise has been made among the parties but we are not telling you reporters because if that promise is not met you guys are going to screw us over for not doing our job." So as you can see, it's hard to accept the latest agreement among the six party nuclear talks at face value and it seems once again, behind closed doors, North Korea had a upper hand at the negotiating table. Although it took North Korea 20 years to get itself crossed out from that list, (it was added in 1988 to the list of state sponsors of terrorism along with Cuba, Syria, Sudan and Iran,) it did not stop the Stalinist nation from building nuclear reactors and testing its nuclear weapons. The negotiations have been a tough tug of war among the nations involved, and too often, North Korea had engaged in its nuclear brinkmanship. A strategy that seems to be working just fine, up to this day. North Korea knows that the current U.S. administration is running out of time, and it also knows that it desperately wants to put in its records that it was them, the people of the Bush administration, that have brought substantial advancements in resolving North Korea's nuclear standoff. Two years ago when the Bush administration adopted a hardline stance toward North Korea, meaning more sticks than carrots, the communist nation gave out a clear message of how it felt about that changed notion - it tested out its nuclear weapons. And this time, when Pyeongyang wasn't getting what it wanted out of the talks, it again refused to give out its nuclear secrets unless the U.S. did something to show her "sincerity" in their agreement, that sincerity, being erasing North Korea from the terrorism-sponsored state list. Like in every relationship, it is always going to be a give-and-take affair between the United States and North Korea. And who knows, Pyeongyang may really be sincere in giving up its nuclear ambitions once and for all, in return for some economic and other concession. But as of now, it seems the U.S., being pressed for time, is attempting too much. And we always know, from hard-learned real life lessons, how that turns out in a relationship - You walk out of it, empty-handed. Opinions and Commentary Business· from Page 1 the benefits of the greatest wealth creation machine on the face of the Earth. Whatever money you might lose now can be recouped through your future paychecks. Also, although America has matured as an economy, there are plenty of emerging economies, such as those of Brazil, Russia, India, and China, that will provide plenty of bull markets over the course of the next 20 to 30 years. “20 to 30 years?”, you exclaim. Yes, 20 to 30 years. If you are serious about making life-changing wealth that can provide a comfortable retirement and allow you to send your children to college, you should take the long-term view when it comes to investing. So how can you position yourself to prepare for the next bull market, wherever it may emerge? The first and most important thing you should do is begin to read. What follows below is a preliminary list of books that clearly enumerate the things you need to know to be a successful investor. Here goes. 1) One Up on Wall Street, by Peter Lynch 2) How to Pick Stocks Like Warren Buffett, by Timothy Vick 3) The Warren Buffett Way, by Robert Hagstrom 4) The Intelligent Investor, by Benjamin Graham 5) The Streetsmart Guide to Valuing a Stock, by Gary Gray 6) Reading Financial Reports for Dummies, by Lita Epstein If you don‟t feel comfortable investing during these turbulent times, that‟s okay. Use this time to figure out what drives a company‟s stock price and to learn what metrics indicate a stock is a worthy investment. There‟s no need to put your hard earned dollars on the line just yet. As you read the aforementioned books, try setting up a mock portfolio on Yahoo! Finance or Google Finance. Not only will doing this help you get a feel for the general movement of stock prices, but it will also allow you to determine your risk tolerance as an investor. Your style of investing may be more or less aggressive than mine and that‟s okay. What‟s important is to find a style that works for you. By learning about the proper way to invest through diligent study and practice without any real risk, when global stock markets rise from the dead, as they inevitably will, you‟ll be well-positioned to exploit the opportunities before you. And lastly, I own all of the books that I mentioned in this article, so if you can‟t find one in a library, let me know, and I can lend you one. Here‟s to us getting rich together over the next 20 to 30 years! So, what are you wearing? Come to the only Halloween bar night of the semester. For only $5, The "Bar Night of the Living Dead" includes: [AMBIANCE] - Halloween decoration. - Live DJ. - 2nd floor w/ access to patio (if enough of you show up). - HD Flat screen TVs, leather seats, and a dance floor. - Raised, illuminated, mini-stage to dance and show off your costume. [PRIZES] - True Religion Jean give aways from Bayou. - Prizes for best costumes (details TBA). [BEVERAGES] - Specials from 9pm-12am. 10.30.08 @ BAYOU (79 W Chippewa St., Buffalo) 4 �The Opinion law.buffalo.edu/orgs/opinion October 2008 Experts to Discuss U.S. Financial Crisis A panel of experts will discuss the turmoil in the U.S. financial markets at 7:30 p.m. on Oct. 23 in the Screening Room in the Center for the Arts on the University at Buffalo North (Amherst) Campus. "The Current Financial Crisis: How did we get here? Where are we going?" will be the topic of the panel discussion, which is free and open to the public. Sponsored by the UB School of Management and the UB Law School, this will be the fourth event in the annual Gerald S. Lippes Speaker Series. Panelists include Gaurav Patankar, global sector analyst for financial institutions at Millennium Partners, subsidiary of Millennium Management; Cristian Tiu, Ph.D., assistant professor in the UB School of Management's Department of Finance and Managerial Economics; and Jill Yellock, bank examiner at the Federal Reserve Bank of New York. In his role at Millennium Partners, Patankar analyzes and provides thoughtful leadership on the sector across multiple portfolio managers, strategies and countries. He previously worked for SuNOVA Capital and Citigroup. Prior to working on Wall Street, Patankar was employed by M&T Bank in Buffalo. He graduated in 2003 with an MBA in finance from the UB School of Management where he was an M&T Fellow. Tiu has been a faculty member in the UB School of Management since 2006 and holds doctoral degrees in both finance and mathematics from the University of Texas. His research interests focus on performance of hedge funds and their risk management implications for investors, as well as endowment funds and continuous time finance. Tiu periodically serves as a speaker and consultant in the financial services industry and was part of the team that designed the risk management system currently used by the $20 billion University of Texas Investment and Management Co. His expertise has been widely sought after by the media in the wake of the problems on Wall Street. As bank examiner for the Federal Reserve Bank, Yellock monitors the financial condition and risks of New York State member banks and maintains a working knowledge of financial markets, business practices, strategic risk issues, supervisory policy and banking and securities regulations and laws. She has an MBA from the Tepper School of Business at Carnegie Mellon University, where she focused on accounting, economics, finance and international business, and an undergraduate degree from the University of Alabama. Previously, Yellock was a revolving credit specialist with Regions Financial Services (formerly AmSouth Bank). She also worked as a professor of English for WorldTeach, an account executive for Sun Microsystems and a software specialist for IBM. The panel discussion, moderated by Thomas F. Disare, clinical professor in UB Law School, from 7:30-8:30 p.m., will be followed by a question-and-answer session. For more information, contact Jill Phinney at 716-645-3204 or jmp8@buffalo.edu (jmp8@buffalo.edu). The Gerald S. Lippes Speaker Series focuses on current issues and topics related to business and finance. The series is part of a larger effort to foster an integrated understanding of the worlds of business and law, and to encourage a collaborative dialogue between business and legal professionals. Funding for the series is provided through the generous support of Gerald S. Lippes. The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system that is its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. Around the Law School Professor James Wooten says ‗Credit Crunch‘ Will Hit Retirees in Unequal Ways How severely retirees will be affected by the continuing financial crisis and subsequent "credit crunch" depends to a considerable extent on the kinds of retirement plans they rely on for retirement income, according to a University at Buffalo Law School professor who specializes in the regulation of retirement plans and other employee-benefit plans. "Retirees in the United States commonly rely on one or more of three sources of income: Social Security, employer-provided pension benefits and individual retirement savings arrangements such as 401(k) plans, 403(b) plans and individual retirement accounts," says UB Law Professor James A. Wooten. "Retirees who receive pensions from Social Security or their employer should see little effect from the financial crisis, while individuals who depend on a 401(k) plan or an IRA may be hit hard." Social Security is the most important source of income for U.S. retirees. Social Security, Wooten observes, is a "defined-benefit" plan. Retirees receive a stream of regular cash payments (an "annuity") based on a formula in federal statutory law. "Because Social Security retirement benefits are based on a formula," he says, "the annuity payments that retirees receive do not depend on the short-term performance of financial markets." Employer-sponsored pension plans are another very important source of retirement income. Like Social Security, employer-sponsored pension plans are "defined-benefit" plans that traditionally have paid retirees an annuity. "As with Social Security," says Wooten, "the annuity a retiree receives from a definedbenefit plan does not depend on the short-term performance of financial markets. So the turmoil in financial markets will not affect the annuities paid to current retirees." Over the longer term, however, volatility in the financial markets may have a big effect on employer-sponsored pension plans. "If a defined-benefit plan's investments perform poorly," Wooten says, "the employer that sponsors the plan will have to make larger financial contributions to fund the benefits it has promised. Recently a number of private-sector employers have dropped their traditional pension plans, which provided annuities to retirees, and replaced it with a 401(k) plan, which does not offer annuities. The increased burden of funding traditional pensions may accelerate the trend away from defined-benefit plans and toward 401(k) plans." A third important source of income for retirees are individual retirement savings arrangements, which include "defined-contribution" plans, such as 401(k) and 403(b) plans and individual retirement accounts (IRA). An individual who participates in a defined-contribution plan or holds an IRA contributes to a personal account that resembles a savings or mutual-fund account. The individual's employer also may make contributions to the account. The amount of funds the individual has available for retirement depends on how much the individual and his or her employer contribute to the account and how well the investments in the account perform. In contrast to Social Security and employee-sponsored defined-benefit plans, a person with a 401(k), 403(b) or IRA account bears investment risk, according to Wooten. "If the investments in the account do well," Wooten says, "the account holder will have more money for retirement. If the investments do badly, the account holder will have less retirement income available. For retirees, this will mean reducing consumption or increasing income (by, for example, getting a job). For employees, it is likely to mean deferring retirement." Wooten is the author of "The Employee Retirement Income Security Act of 1974: A Political History," a book-length study of the most important federal law regulating private-pension plans. More recently, he prepared a study of pension-funding issues for the Ontario Expert Commission on Pensions, which is conducting a comprehensive review of the regulation of retirement plans in Ontario. Media may contact Wooten for an interview at jwooten@buffalo.edu or by contacting Charles Anzalone at (716) 645-5000, ext. 1412 The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. 5 �The Opinion law.buffalo.edu/orgs/opinion October 2008 Pat and Bob, who are transfer students, did not get elected as SBA 2L class directors. If you noticed any of the many conspicuous campaign By Dan Aiello signs, like the one with Uncle Sam pointing at you (Pat‟s) or the one of Bill Murray (what about Bob?), then maybe you've asked yourself, Who the hell is Pat and Bob? That‟s my point: Transfer students are struggling to adapt to UB Law, and disappointedly, they face many impediments that are unique to their situation. Now, since no transfer students are on the 2L board, many of the issues they have will go unaddressed. However, this forum may afford me, like Frank Costanza at his Queen‟s dinner table during Festivus, the opportunity to air a few grievances. “I Have a lot of Problems With You People, and Now You‘re Going to Hear About it.‖ -Frank Costanza One of my biggest concerns is the way UB Law Review (LR) selects its transfer members. The evening before transfer orientation, transfers received an email from LR stating: If you wanted to be a member a mandatory Bluebook citation test will be held in two days, followed thereafter with a casenote to be completed during the first week of classes. If you did better than most, you had a shot at making LR. Although I‟ve heard there are transfer students on LR (and I don„t know how they got there), the vast majority of transfers have not taken research and writing (R&W), and if they have very few know what a “casenote” is. Further, if you transferred from Thomas M. Cooley Law School (about six transfers altogether) having already taken R&W during the summer-term, then you used the ALWD citation manual and not the Bluebook. So, I emailed LR to tell them that, although I‟ve taken R&W at my former school, I used the ALWD citation manual in my memoranda and since the Bluebook test counted for 20% overall, I could only receive, at best, a 80% on my casenote. The reason I didn‟t feel very confident in faring well in the Bluebook test was because, at the time, I hadn‟t even purchased a Bluebook nor looked in one. From what the rumors suggested, both citation systems are fundamentally different, i.e., italics in ALWD and underlining in Bluebook (for case titles). The only thing I knew about the Bluebook was the color of the cover. I got a response from LR that said something to the affect of, Sorry your citation system doesn‟t “jive” with ours‟ (Bluebook), but you‟re going to have to take the test regardless. I wrote back saying, Surely you can accommodate the transfers and the L.L.M.'s by giving us more time to familiarize ourselves with the Bluebook, i.e., more than 48 hours, or better yet, allow us to try-out after we complete our first-term of R&W at UB (my credits from R&W did not transfer from Cooley). The return email said, basically, No dice. Now, I didn‟t expect that sort of response from a professional group like UB LR. Let me state for the record that, transfers, like all UB Law students, want to be on LR, because LR looks good on our résumés. So, why can‟t transfers have the same opportunity to try-out for LR like students who started their J.D. at UB Law? I haven‟t a logical clue. My simple solution: If you‟ve taken R&W at your prior school and you used Bluebook and know what a casenote is, then you can take the citation test and casenote try-out. If you‟ve taken R&W before, but the credits won‟t transfer and you didn‟t use Bluebook and you don‟t know what a casenote is, then you have the option of taking the test and casenote then, or waiting until after you complete your first-term of R&W at UB. If you haven‟t taken R&W before then you get to take the Bluebook test and casenote after your first-term of R&W at UB. Not all transfers are equal, but they all deserve the same opportunity to join LR as regular students. Back to Pat and Bob. How could they compete with, for example, the Rossi brothers? I don‟t know the brothers personally, but I know they had a huge poster on the stanchion in O‟Brian Hall and the picture looked like they wanted to give us “the business.” Plus, the student body already knew them from their firstyear. The Rossi's put in the effort and deserved to win. Some of the other candidates (and now victors) didn‟t even bother putting in any effort to run. It‟s because they were already well-known from their first-year and familiar names on the ballot. Pat and Bob, the two unknowns, put in the effort and they showed more interest in UB Law than some students that were here since the beginning. Too bad it was for naught. In my opinion, it‟s inherently unfair that not one transfer got elected. Here‟s the truth: The first year of law school bonds people and most of your best friends in law school are the ones you sat next to during 1L orientation. The transfers left those friendships at their previous schools and are starting over from scratch. Although we have enough credits to be 2Ls, we‟re learning the ropes like the 1Ls. Besides making new friends, getting acquainted with the educational and political differences between schools: we have to compete with the 2Ls that have had a head-start with interviews for next summer‟s internships and have already filled most of the area‟s positions. Additionally, the Simplicity Program isn‟t “simple” when it‟s your first time using it, and you‟re screwing up applications. Therefore, transfers have unique situations. That‟s why it‟s important that the SBA recognize these issues and fix it by reserving two seats for transfers, out of six total, for SBA class directors. The 2L class (because very rarely do people transfer in their first-year or third-year), must vote for two transfers and four others. That way, some of the issues I mentioned get addressed. Furthermore, and most importantly, the four regular board-members can integrate the transfer board-members (and therefore the transfer students) into UB Law and make the transition easier. These are serious issues to transfer students that have, fortunately, easy solutions. Although, it‟s too late to help my class of transfers, you can help next year‟s. If things change, it will truly be a Festivus Miracle! Opinions and Commentary The Opinion Staff 6 �The Opinion law.buffalo.edu/orgs/opinion October 2008 ‗To Vote, or Not To Vote‘ Four years have come on and gone since the last time Americans found themselves at the polls voting for president. While we are still a few months away from seeing how our country stands on the political side of things, we are currently in the critical stages leading up to just that. While students on campus have been enjoying bashing both the Republican and Democratic Party‟s stances from the debates, it is important to remind everyone to make sure that they are registered to vote and will actually get out and exercise their right to vote on the big day. Voting rights in America have come a long way. In 1870, the ratification of the 15th Amendment to the Constitution gave voting rights to all male citizens, regardless of race. In 1918, women were given the right to vote, Native Americans were given the right in 1924. One of the most important rights in voting came on July 1, 1971 when President Richard M. Nixon signed the final ratification of the 26th Amendment to the Constitution, which lowered the voting age nationwide from 21 to 18. This no doubt put a huge number of new voters into the system. By Aditi Bhardwaj This new batch of voters along with everyone else makes a huge difference in the election and Jodi-Kay the President of Black Law Student Association would agree. When interviewed, she expressed her serious stand on how everyone especially young people should vote. Jodi stresses not only the importance of voting but also the value of this particular presidential election. The 2008 presidential election, she says is “a revolutionary and mobilizing election that appeals to the younger generation, making it unique.” At her second BLSA general body meeting, Jodi encouraged and reminded the members to vote, regardless of impediments such as the recent disfranchisement Texas case in 2004. She explained that the more young people vote the more the elected officials will take an active interest in what is important to young voters. Young people are impressionable and passionate the perfect ingredients to bring about change we need. Jodi didn‟t stop at only encouraging BLSA members she made sure that some action was taken to reach all students. BLSA had a voter registration drive-table out in the law school lobby on Wednesday for which Jodi said that “it had to be done and no one was doing it.” The registration drive was convenient for all students in answering all sorts of questions from deadlines to absentee ballots. Finally, when asked what Jodi would say to the population that strongly believes that their vote does not count, she smiled and said I use to be one of them. However, overtime she has come to realize that it is not true, each vote counts and “you wont know until you try”. She pointed to history and how change has been possible i.e. when women were given the right to vote. Voting is a powerful way to get involved and become an activist. Well I say if you are still not convinced how important voting is then just understand the impact the Supreme Court has had on this country. There is a difference in the various presidential appointments to the Court, compare the Supreme Court decisions of the late 60's and early 70's – Miranda v. State of Arizona, Roe v. Wade with the Court's decisions of the 80's that have gradually whittled away at the decisions of a more liberal Supreme Court. Chances are the next president will nominate at least two Justices to the Supreme Court. This will affect not only your life but also that of your children and grandchildren. So the question then comes down to which candidate would you prefer to choose the most influential position in this country, that of a United States Supreme Court Justice. So, whether the excuse is apathy or laziness, voting has become a privilege that far many too Americans take for granted. The next time you neglect to vote, ask yourself how you would feel if you didn't have a choice – to elect a president, or choose a job, or decide how many children to have. There are many countries where a person does not have a choice, and I'm sure they would gladly change places with you for the fundamental privilege of voting! We live in a country where no matter what you believe, no matter what your race, sex or religion you are allowed to voice it, so take advantage of it and VOTE! "Should things go wrong at any time, the people will set them to rights by the peaceable exercise of their elective rights. " - Thomas Jefferson. Opinions and Commentary UB Law School Professor Says Beware of Common Misconceptions About the American Election Process University at Buffalo Law School Professor James A. Gardner today cautioned against giving too much importance to charges of voter fraud in American elections and supposed incompetence in administering elections. The process in the overwhelming majority of elections, he says, is working well. "We have to be careful about political propaganda being spread about how voter fraud, and to a lesser extent incompetence in the administration of elections, threatens democracy," says Gardner, an authority on election and constitutional law, and the UB Law School's vice dean for academic affairs. "This simply is not true," says Gardner. "There are more than 500,000 elected officials in the U.S. Virtually every one of these elections comes off without a hitch. The news media have a tendency to focus exclusively on the extremely rare but dramatic cases in which the outcome of a very close race is put in doubt by a very small number of possibly tainted ballots or a malfunction of voting technology or human error in the administration of elections. "These are very rare exceptions to the rule." Gardner says another common false impression is that elections in the U.S. are always close, and that the smallest errors or the occasional fraudulent ballot among thousands have the potential to destroy democratic self-government. "That's not the case," says Gardner. "In fact, the overwhelming majority of elections in the U.S. are so lopsided that no amount of error or fraud could change the result, and many, many elections are completely uncontested. Uncontested and lopsided elections may be a sign of something wrong with the system, but it has nothing to do with the administration of elections." Gardner, who is the Joseph W. Belluck and Laura L. Aswad Professor of Civil Justice and who has been frequently quoted by local and national media on election issuessaid election law and procedure still merit close scrutiny. For example, a recent Supreme Court decision upholding voter ID requirements in Indiana provides legal support for the aggressive use of anti-fraud measures, even though voter fraud was "essentially a non-existent problem." "This raises the specter, as it did during the last election cycle," Gardner says, "of Republicans invoking anti-fraud measures improperly to suppress legitimate voting, often by the elderly, blacks, the poor and other groups that might have a tendency to lean Democratic." The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. Since its founding in 1887, the University at Buffalo Law School -- the State University of New York system's only law school -- has established an excellent reputation and is widely regarded as a leader in legal education. Its cutting-edge curriculum provides both a strong theoretical foundation and the practical tools graduates need to succeed in a competitive marketplace, wherever they choose to practice. A special emphasis on interdisciplinary studies, public service and opportunities for hands-on clinical education makes UB Law unique among the nation's premier public law schools. 7 �The Opinion law.buffalo.edu/orgs/opinion October 2008 What Really Grinds My Gears in Law School… I am a Family Guy geek, what can I say? Stewie Griffin is basically my hero. Brian is the dog I want, and the stuff that comes out of Peter Griffin‟s mouth is, well, crude, but always entertaining. One day I was watching the episode where Peter gets his own airtime on the news to complain about “what really grinds his gears” (http://www.youtube.com/watch?v=JFdOrvrWp48), and I started going through the list of the stuff that really grinds MY gears in law school, or more specifically, our dear Charles B. Sears library. This is what I would like to share with you all. Whether you agree with me or not is a difference in opinion, but I invite you to think of some of your own as you read through mine! By Kristen Ng 1. That swinging saloon-like door in the library as you enter and exit. Seriously, is this necessary? What does it even do? I was inspired by this complaint as I was talking to a few classmates of mine (*coughkaraseancough*), and I thought more about it. The saloon-style door does NOTHING. It has no sensors on it to monitor the tiny proportion of people who would actually, God forbid, steal a book from the law library. It makes it really awkward when there is a whole row of people waiting to get out of the library, and if one person goes through without holding the “saloon door” open, it will swing right back and smack the next person in the crotch area. Classy. Efficient. NOT. 2. Reading/Exam week in the library. Ok, so for you 1Ls, you won‟t know what I‟m talking about, but for the upperclass students, you know EXACTLY what I am griping about. During reading/exam week, the library has access only for the law students, which is a great thing because it means that those pesky o-chem students can‟t spread their stuff across one whole table (which is next on the list). However, because the main entrance (on the 2nd floor) is not capable of installing a swipe card system (much like the one that grants access to the mail room), students have to go all the way up to the 6th floor to enter the library, then exit through the 2 nd floor if you want to, let‟s say, get a coffee, a cigarette break, etc. But get this: you canNOT exit through the sixth floor, only the second, and you cannot enter through the second, only the sixth. Does that make sense? I did not think so. That‟s about as coordinated as law students trying to pass around an attendance sheet (across the isle) in Room 106; complete cluster ... er, problem. 3. The fact that everyone seems to come into our library. Yes, ours. Granted, I am not a part of the law school this year (long story- but I am still a law student), but I still have to gripe about this. You know how half the people in the library happen to have every book of study, especially the sciences, BUT no law casebooks? The fact that other students use the law library does not so much bother me as the fact that a lot of these students do not extend the courtesy to us as we extend to each other and to them. We know to not answer our phones in the library; we either go out the library or into the elevator corridor to answer our calls. We know to not spread all our books, notes, computer, all over the table; we confine ourselves to a tiny 20”x20” space. We know not to talk at full volume; even though whispering is sometimes just as annoying, we whisper instead. I realize that we go to a public school and thus all the libraries are open to everyone. I am only asking for a bit of courtesy! 4. Loss of free printing I suppose this is something that I should not really gripe about since Buffalo is one of the few schools that had free printing for its law students. However, I must say that it is a huge pain for those of us who have classes where we write a lot of memos, briefs, or just papers in general, and for those of us who have outside commitments that require use of printing (i.e. journals, newspapers). The worse part about this is that students had no idea that there was now a “purse quota” for printing. I guess the school just forgot to tell us about this new “feature.” 5. The people who think it is ok to talk at full volume by the circulation desk. I like our librarians. I really do. But when I am trying to study right above the circulation desk, or even anywhere on the third floor for that matter, it makes it hard to do so when everyone is talking at full volume. I know that I should just move, put on earplugs, or something, but when parts of the third floor is designated as a “quiet” area, it does not help that I can hear every single conversation (whether a phone call or chatting with colleagues/students) that goes on by the circulation desks. I hope this list was as entertaining as it was a bit truthful. In all honestly, even though I may gripe about these things, I don‟t seriously stare down the saloondoors every time I go by them, or glare at the people at the circulation desks. For that matter, the only thing I do every now and then is maybe shoot someone a dirty look if they decide to talk about their weekend plans out loud on the phone. In conclusion, I ask you students to submit one thing that “Grinds Your Gears” to be published in the next edition. Opinions and Commentary The University at Buffalo Law School will no longer reside in O‟Brian Hall. Sometime in the relatively near fuBy Anthony Leone ture the law school will be kicked out. Making way for the influx of increased student enrollment, the UB 2020 plan entails removing the law school and all other professional schools from Amherst. The Law School is Kicked OFF Campus—Literally Where exactly will the campus be located once the move is initiated? The answer to that question is a bit esoteric, as no one will say precisely. To address this, the SBA formed the Institution Location Committee (ILC), which is directly advocating the students‟ voices to the administration. As of right now the committee wants to know how the administration is addressing the move. The committee‟s main contention is that the law school is being overlooked in the UB 2020 planning. The current UB 2020 projection shows the professional schools all moving to south campus and essentially fighting over one or two new buildings. The most logical and popular choice with the student body, however, is to move downtown into a new building. Moving downtown would offer recompense to the students, as the school would be located amidst the Buffalo legal community. Moreover, the ILC contends that a new building will dramatically increase the law school‟s ranking. Neither Dean Makau Mutua, nor the President of UB John Simpson have responded to the ILC‟s concerns about where the law school will be located. In similar fashion, none of the other law school deans have taken a stand on the law school‟s future place of residence. This seems a little disconcerting, as this is a major event for the law school. To make matters worse, the state has decided to grant $2 million to St. John Fisher‟s new law school and is discussing the possibility of creating another public law school. UB is currently the state‟s only public law school, so why is the state taking money out of its coffers and aiding a private institution so close to Buffalo? The state should focus its efforts on the State University of New York at Buffalo Law School, not a private school 45 minutes away and not another public law school when this public law school is in need of financial aid. This is an “active disinvolvement” in the law school‟s future, says Anna Falicov ILC member, referring to both the law school administration and the state. Action must be taken immediately, or the law school‟s future will be jeopardized. The ILC is vehemently petitioning for help. They already contacted faculty and alumni over the summer, and are in the process of writing a position paper and now need the help of law students. The committee requests everyone go to the October 15 Town Hall Meeting at 6 p.m. in the law school. Supposedly law students will be able to directly ask questions to the deans. You can join the Institution Location Committee by contacting Kathleen Moriarty, moriartykathleen@gmail.com. The future of the law school may very well be in your hands. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-10 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/2008 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 2 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c4328a7158dc89cadb97a472223b7c3c.pdf 8d8425cf78b92e170603e5340b6fb10f PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 3 The Student Newspaper of the University at Buffalo Law School November 2008 November 4th was a great day for me…not only was it 65 degrees and By Elizabeth Hersh sunny in Buffalo, but more importantly we welcomed a different president with a new vision for the country. However, as a California resident and voter, I had to wait until November 5 th to find out the results of the 12 ballot propositions Californians were able to vote on in addition to their presidential selection. Proposition 8 entitled, “Eliminates Rights of Same Sex Couples to Marry- Initiative Constitutional Amendment,” was one of these measures. Prop. 8 put forth the “California Marriage Protection Act,” which required the adding of 14 seemingly simple words to the California Constitution: “Only marriage between a man and a woman is valid or recognized in California.” America Moves Forward and California Steps Back with Proposition 8 Like many, I consider Californians to be moderate and somewhat liberal in recent years. Therefore, to my surprise, Prop. 8 passed with 52.5% voting yes, and 47.5% voting no. In 2000, Californians passed Proposition 22 which also prohibited the recognition of same sex marriages, however, the California Supreme Court struck down the decision stating that Prop. 22 violated the equal protection clause of the California Constitution. Since this decision in May of 2008, approximately 18,000 same sex couples have wed in California. Over seventy million dollars were spent supporting and opposing Prop.8, and the public was influenced by television ads and literature from both sides. As a result, I believe that California voters were confused over what a yes or no vote actually meant. Proponents of the proposition outlined several major arguments in the California voter guide which they distorted and altered into factually false, yet somehow palatable reasoning in favor of the proposition. They argued that the amendment only seeks to restore the “original” definition of marriage, overturn the “outrageous” Supreme Court decision regarding Prop. 22, protect the education of our children, and finally, proponents say the amendment is not designed to attack “gay lifestyle” or take away from California domestic partnership law which gives same sex couples almost the same rights as married couples. Essentially, a “yes” vote meant that you supported what these 14 words said. I will first tackle the argument that proponents of Prop. 8 seek to return marriage to the way it has been understood throughout human history. To this I must ask, which definition in human history? There have been times throughout history when only nobility could wed, marriages were arranged by parents, interracial marriages were prohibited. Fortunately, we are somewhat more tolerant these days. Defining marriage so it can only exist between a man and a woman, should also be a definition that is no longer applicable. Americans hold their freedom of choice in the highest regards, so how is it then that one group of people can determine the rights of another group, particularly the right to marry? The right to marry is just that, a civil right. Opponents of Prop. 8 argue that to deny this right is to say that certain people are not equal to others, much like other “traditional” definitions of marriage did. The next argument the proponents of Prop. 8 put forth is that the California Supreme Court made an “outrageous” ruling against the will of the people when they overturned Prop. 22. The public sometimes needs to have a better understanding of the fact that the Supreme Court of California‟s role is to determine what is just and if this turns out to be the popular decision, great, and if not, tough. The California Supreme Court has a long history of controversial decisions, and no one could ever say they were all correct, however, history would never change if decisions were always made when clouded by personal bias. The California Supreme Court had to make a decision free of religious or cultural persuasion. They looked at marriage as a civil right, which is how it should be viewed, and decided that to deny this civil right was a denial of equal protection. The third argument stated that Prop. 8 is necessary to protect the education of children. Because the education of children is such a sensitive subject, this was by far the most compelling argument, though it was also the most factually incorrect. In protecting education, proponents are referring to health and sexual education which almost all California schools provide. Currently, if teachers include marriage in their instruction, they must teach a general respect for the institution. Proponents feared if Prop. 8 passed, teachers would have to tell their students that same sex marriages are just as legitimate as marriages between a See Proposition 8 · Page 2 “Things I’m not thankful for this Thanksgiving” So’ Change,’ but what does that mean to the rest of the world? By Dan Aiello By Tae Kyung Sung Barack Obama's victory certainly seem to have touch the hearts of many, making even Oprah Winfrey cry on the shoulder of "Mr. Man." I‟m not thankful for sharing our law library with undergraduates. I understand that UB is a public university, but why do undergraduates (when the have their own libraries in Capen Hall and Lockwood), feel they need to study amongst the United States Code? In a modern world, when you matriculate to a law school, you‟ve earned the right to have your own library. In the law school I‟ve transferred from, and every law school I‟m familiar with (besides UB), the law libraries are filled with law books and law students, coffee, and No-Doze. No undergrads. There‟s a real problem here: Space is limited for law students. When I‟m researching an assignment or working on a cite-pack, I need to pull a N.Y.2d or a New York digest and go to the closest available table to get my work done. That table, almost always, is taken, and not by another law student, but by an undergrad. Even the 6th floor offers no solace. I have to admit, that his first speech as president-elect, though maybe not so on par with the 'I have a dream' speech, was pretty emotional in carrying out the message of 'hope' and 'change.' And the word 'change' is spreading like swam of locust on invasion; it is what anybody who's anybody is talking about today. Change usually carries with it a positive note, but when riddled with politics, especially one of foreign politics, perhaps not so merry and cheery. As the man himself admits, there are "alliances to be mended" when it comes to America's relationship with the rest of the world. There seems no need for any official quotation in saying that on some crucial issues, such as free trade, climate change and wars in Iraq and Afghanistan, America hasn't quite been seeing eye to eye with the rest of his global partners. My solution is to have librarians or work-study students scan our UB I.D. cards at the entrance, and if you‟re a law student, you get to use the law library. Congratulations. For example, if you have a calculator on you when you enter the library, an alarm should sound and a net should fall on you, and if you don‟t have an “I take tax with Wooten” pin, you‟re getting kicked out. It‟s the same principle as “no shirt, no shoes, no service.” FurPromises Restored 2 ther, if there‟s really a problem with overcrowding in the undergraduate Vote Not Wasted 3 libraries, then undergrads can get rd scanned and can have access to the 3 Voting for the One 4 floor seats, and only enough undergrads for those seats. If a system that scans I.D. cards is too costly, then His bringing about this change should include America talking again to her "frenemies." It should engage with Europe to reignite the stalled Doha Round of talks, hold direct talks with countries like North Korea and the Middle East, to resolve nuclear tension and fight terrorism, and eradicate any last vestiges of Cold War era by improving ties with Russia and China. These ties have somewhat frosted during the Bush administration, because of what some analysts call as "eight years of unilateralist Bush policies." infra NLG Conference But with Obama heading to the White House, world leaders are said to be lining up to become the first ones to shake hands with the new American leader. Their anticipation is understandable - patience has been wearing thin with the Bush administration that refused to, at most times, talk and negotiate. See Change · Page 3 4 See Thanksgiving · Page 3 1 �The Opinion law.buffalo.edu/orgs/opinion November 2008 The Promise of America Restored Barack Obama‟s victory on election night held profound significance for many people. His election to our nation‟s highest office is historic in our By Danielle M. Restaino country‟s narrative and we should be proud to have finally achieved what so many have been working toward for so long. Equally as profound is what President-Elect Obama represents in terms of restoring the promise America has offered to so many over its two hundred some odd years. It is that potential which makes his presidency so important and so monumental. The state that our nation finds itself in eight years into a new millennium is precarious and troubling. We are dealing with several issues, any one of which a president may spend an entire term confronting: two competing wars, a declining economy, an ailing health care system and a planet in peril. While the President-Elect has outlined many initiatives and policies to address these problems, it seems that there is an underlying confidence in his approach that eases people and reassures them that America can get back on track. He inspires a confidence in the rest of us that is essential to moving this country forward. It is for this reason so many voters placed their trust in him to renew America‟s spirit. Perhaps that was one of the flaws that plagued the previous administration. Confidence became lost as things began to spiral out of control. Without confidence in our leaders, Americans do not have confidence in the ability to progress as a nation. Instead people are left in a rut asking what the government will do next to mess up their lives. What this new administration offers is an emblem of American progress embodied in a leader that wants and needs America to work with him. The spirit of cooperation and neighborly sacrifice is what will lead us out of this downturn. Barack Obama‟s presidency has the potential to galvanize the entire nation into truly changing the way it perceives itself and the way it operates in the world. So that while it may take a while for actual policy to take effect, America‟s idea of itself can be restored in the minds of its people. Not because of any tangible victory in the domestic or foreign sphere, but because of the knowledge that we are moving forward towards a different future than could have ever been perceived before the election began. America‟s promise to people here and all over the world is one steeped in the idea of hard work, perseverance, sacrifice and ultimately anyone can achieve. This promise has been forgotten as of late. We have become increasingly closed off from one another, partisan, constantly trying to point out why other people are wrong. While I know I‟ve been guilty of it myself this election season, it is not too late to remember that this country is meant to listen and accept any myriad of opinions. The openness and equality of opportunity that is supposed to characterize the American spirit must be restored after being pushed to the backs of so many people‟s minds. The potential to restore that spirit and that promise seems within reach now that we have a leader who recognizes that it has been lost. Perhaps that is the most significant thing about Obama‟s win: he reminds us of the way we should carry ourselves as Americans. His confidence in this country‟s ability change direction while restoring the promise it was founded on is enough to move people to truly change throughout America. At a time when so many are hurting in this country after losing their jobs, losing their homes or losing a loved one it is this type of leadership and this type of confidence that we need in a president. Now that we‟ve found it perhaps we can truly change America and revitalize its promise for generations to come. Proposition 8 · from Page 1 man and woman. Proponents felt teachers would be required to instruct their children that gay marriage is acceptable. If this argument had even a grain of truth to it, I would have to say, so what? What is so wrong about teaching children respect, or at the very least, tolerance of other people‟s marriages? In my mind, there is nothing wrong with this sort of education, however, Prop. 8 actually has nothing to do with education whatsoever. Not a single word of Prop. 8 even mentions education. Furthermore, the state does not make the curriculum for health education; it is made by individual school districts. In addition, there are laws in California which prohibit forcing children to learn anything regarding health issues, against the will of the parents. This is why no matter what year a student had health education, they had to obtain a parental consent form. The proponents of Prop. 8 put crafty yet false spin on this topic, and convinced many people their children‟s education would somehow be compromised if Prop. 8 did not pass. The fourth argument for Prop. 8, that it does not put down “gay lifestyles” nor take away from the rights entitled to couples under domestic partnerships, was also very skewed in the campaign. First I would love for someone to explain to me exactly what this vague term “gay lifestyle” means…I was under the impression that gay people desire to live the same lifestyle most people strive for. They go to school, hopefully college, search for jobs and ideally find one, maybe travel, and eventually settle down with the person they love and possibly raise children. In this sense, denying same sex couples the right to marry is an attack on their lifestyle because as I and the opponents of Prop. 8 see it, they live the same lifestyle as any person who is not gay and should therefore be entitled to the same rights. Although proponents of Prop. 8 were correct in stating that Prop. 8 would not change the rights granted to same sex couples under their domestic partnerships, they were incorrect in attempting to make it sound like domestic partnerships in California and marriage are the same. They are not equivalent! Although California does offer one of the most comprehensive legal unions, a domestic partnership, which entitles same sex couples to almost all the same rights as married couples, there are a few huge differences. First, domestic partnerships are only recognized in California whereas marriage transcends all state borders in the United States, and also the borders of many countries. A couple must inhabit a common residence to obtain a domestic partnership which is certainly not the case for marriage. Domestic partners cannot file joint tax returns which means they will not be eligible for certain benefits. They are unable to file joint tax returns because the federal government of the United States does not recognize the domestic partnerships of California. Although domestic partnerships are recognized legally, these couples have greater obstacles to overcome in their day to day lives. In many instances, couples need to provide paper work and other documents to prove their relationship status whereas a married couple needs to merely state they are married and usually not further proof is required. In an emergency situation, this can be extremely difficult. Someday when I have children, I would like to think that just as America has moved beyond the idea that people are unequal based on skin color, their world will be one where people are not treated differently based on their sexual orientation. This has nothing to do with religion, or whether you believe people chose their sexual orientation, or whether sexual preference is determined at birth. This is about treating others with respect, compassion, and equality. It is not enough to say that same sex couples have it better in California; their privileges should be the same as those of all Americans. There is hope however. Three major law suits have already been filed challenging the wording, constitutionality, and legality of Prop. 8. In addition, same sex couples who obtained marriage licenses before the passing of Prop. 8 will most likely be able to retain them. Furthermore, a proposition to overturn Prop. 8 for the next California election in 2010 is already in the works. As my mother always tells me, “live and let live.” She is right, and I believe that those against same sex marriages will eventually end up on the losing side of history. Around the School A little school spirit…UB wins Homecoming game 27-24 (OT) against Army 2 �The Opinion The Opinion November 2008 Volume XLVI, Issue # 3 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 The Opinion, 101 John Lord O‟Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. law.buffalo.edu/orgs/opinion November 2008 I did not drink the Obama Kool-Aid. As refreshing as it looked, the starry-eyed glaze visible on the face of its consumers was enough to keep me away. Do not get me wrong, wearing purple robes and black Nikes looks like fun, but it is just not for me. Similarly, Senator McCain‟s serving of fear and hyperbole was unappealing. Specifically, the notion that President-Elect Obama is a radical non-citizen who pals around with terrorists was ridiculous and petty. Then there were the issues. I have strong opinions on several topics and neither candidate represented my views. I could have pinched my nose and voted for the lesser of two evils just as I did in 2004. However, a few weeks after that vote I decided I was going to vote on principle, not party in the following elections. This year, because neither major party candidate represented my views, I voted for a third party candidate. I know the candidate had no chance of being elected. Nevertheless, I chose to vote for him because he represented my views. My decision to vote for a third party candidate brought an avalanche of criticism: “that‟s dumb!”, “why?”, and my personal favorite, “you‟re wasting your vote”. It is the last criticism that I would like to debunk in this short article. My Third Party Vote Was Not a Waste By Eddie Gonzalez This nation is built on the principle that a diversity of opinions is necessary for democracy. Throughout our history, minor parties have played a major role. For example, the Republican Party came about in the spring of 1854 as a party opposed to the Kansas-Nebraska Act that expanded slavery to Kansas. In addition, the Populist Party, a party that advocated the silver standard, had a relatively successful stint in the late 19 th century and early 20th century, winning 22 electoral votes in the 1892 election. Eventually, the Democratic Party received the message, and adopted many Populist issues such as the silver standard and call for direct elections of Senators. Further, in 1992, Ross Perot, as crazy as he looked, was able to garner nearly 20% of the popular vote. By doing so, Ross Perot siphoned off enough votes from President George H. W. Bush that “red states” such as Montana, Georgia, and Nevada went to then Governor Bill Clinton. Similarly, in 2000, Ralph Nader drained enough votes from Al Gore to give then Governor George Bush the state of Florida. If you compare the centrist platform of the Democratic Party in 2000 and the leftist platform of the Democratic Party in 2004 and 2008, it is obvious the Ralph Nader voters sent a message. Therefore, to consider third parties irrelevant is to ignore American history. With that in mind, the success of third parties is irrelevant. Third-party votes are valid because they represent other views. The belief that everyone is either a Republican or Democrat is ridiculous. If you have a view that is not represented by either major party, but is by a third party, consider the latter. Otherwise, you run the risk of disenfranchising your opinion. Democracy needs a debate of all issues, not just wedge. Yes, we must discuss immigration, abortion, and the war in Iraq, but we must also discuss the national debt, privacy rights, monetary policy, and the role of the U.S. in the U.N. By discussing some and ignoring others, our nation faces decay via negligence. I close by noting that New York is as blue as the blood in the veins of Queen Elizabeth. To argue that my third party vote is a waste is to argue that the vote of every other New Yorker is worthless. For instance, if you vote for a Republican candidate, you are merely voting for a candidate that has no chance of winning the state. Similarly, a vote for the Democratic candidate is a worthless exercise that will only pile on to that candidate‟s lead. Obviously, neither vote is a waste and as such, neither is a vote for a third party. Look, my intent is not to convince you to vote for a third party. Instead, I wish to demonstrate that a third party vote is not a waste. The men and women who died for our right to vote were not just Republicans or Democrats. Some were libertarians, socialists, and constitutionalists. They died to keep America free. As such, they died believing America was a place that valued diversity of opinion. Let us honor their sacrifice, by respecting that for which they died. Change· from Page 1 Maybe as media points out, it is the fact that he is African-American, that his father was Kenyan, his middle name Hussein, and that he has spent some of his childhood in Indonesia, that is feeding the hope of many to believe that the new American president will be capable of engaging in a broader understanding of the rest of the world. Or maybe, it is just that the world has been thirsty for so long for change, any change, in America's foreign policy. To overcome the current financial crisis and fight terrorism to preserve peace that can be only be so fragile when super powers collide, Obama needs to really reach out to the world before it is too late. He should not make the same mistake of that his predecessor, the thinking of America can, alone, call the shots in the 21st century in the world of "globalization." But change always brings with it challenges and yes, it would be near impossible for him to mend all the broken fences at once. Situations are rapidly changing worldwide. New threats to peace are being made in the Middle East and Africa, the European Union is gaining more power and hence demanding more, developing countries like China and India are fast catching up with super economies and want their voices heard – all of these making it difficult for Obama to stay committed to his ideal foreign policy. And who knows? Obama too could resort to military action to protect the interest of Americans. But as of now, the rest of the world seems to be content with just the hope that, the new man will bring a wind of change. Thanksgiving· from Page 1 present a casebook at the entrance to get in. Otherwise, replace the “Law Library” sign with one that says “Public Library.” I„m not thankful that UB Law is going to be sent packing from North Campus. No need for our law library in O‟Brian then, huh? Well, I sincerely hope that UB discloses every communication regarding this move to its law students. I expect, since I paid my tuition and I have relied on a reciprocal exchange of education in a particular environment, the talks will be open and transparent. Now, I understand an SBA Committee has been formed to act a liaison between UB administrators and the student body regarding any move. But, unless there‟s a letter from the Dean of UB Law or the President of UB in my mailbox detailing where and why the law school has to move (I heard it‟s because UB wants to increase it‟s undergraduate admittance by next fall), I will demand assurances from UB based on UB‟s inadequate disclosure of the moving process and their prospective inability to perform our contract, making absolutely sure that law students will have a sufficient environment to receive their legal education. The worst thing that a landlord could do it wrongfully evict a tenant who‟s a law student. I‟m not thankful that UB Law Review has two standards for admittance: one for regular students and one that disfavors transfer/L.L.M. students. I won‟t continue this rant, especially if LR is putting in a GOOD FAITH EFFORT to change the process. But the fact that LR started researching cite-packets in midOctober, makes it even more plausible to have the casenote and Bluebook try-out later in the term, giving transfers/L.L.M.‟s some time to warm-up to UB, the Bluebook, and R&W. As for the SBA making available seats for transfer students on the 2L board: I„ve heard nothing, but I expect they acknowledge the issue and will implement my solution. Even one seat reserved for transfers would help us settle-in better. This is only fair, and expected from an association that represents the entire student body (transfer students as well as regular students). Remember, like FRCP 19 (Required Joinder of Parties), transfers claim an interest in being fairly represented by the SBA in UB Law affairs, and failure to join transfers in the SBA as directors will impair or impede our ability to protect that interest. I‟m not thankful that Wall Street is not returning the same tax base to NY (due to the housing market crisis from predatory 3 See Thanksgiving · Page 4 �The Opinion law.buffalo.edu/orgs/opinion November 2008 It is 4 A.M. on November 4, 2008 and it just hit me: I have become more emotionally invested in this presidential election than I could have ever imagined. Sure, I have been a news network junky since Hillary Clinton and By Luis Segura Barack Obama began their intense battle in the primaries. Of course, I have always felt a tingle whenever the possibility of getting rid of “W” came up. But I never imagined that this election would affect me this much. As fatigued as I became from hearing and reading about this election at every turn for over a year, something always drove me to flip the channel back to either CNN, MSNBC, or yes, even Fox News just one more time. As much as I looked forward to moving on with my life regardless of the result, something beyond my control has pulled me out of bed at 4 A.M. on November 4, 2008. Something is keeping me from getting some much-needed sleep. Something beyond mere politics is driving me to start writing at this obscene hour. I Voted for Myself Today He is Barack Hussein Obama. He had a troubled past. He has a “funny” name. He is “different”. He is “weird”. He is a first. He looks nothing like his peers. One glance at his appearance and some secretly question whether he deserves to be where he is. He has had to deal with that his whole life. Some of his family members are not from this country. There is even question among skeptics as to whether he is from this country. Much to your dismay, he is hard to put in a box. Not quite black. Not quite white. From two different worlds and yet considered an outsider in each one. An odd piece that does not easily fit into this perfect little puzzle we call America. Continually facing a powerful headwind, he is determined. He continues to move forward. I realized what drove my restlessness at 4 A.M. on Election Day – although I will never be allowed to run for president, I am voting for myself today. Win or lose, I am Barack Hussein Obama. On October 9th ten National Lawyers Guild members tore themselves away from their studies at the University at Buffalo to attend the annual Sarah Korol NLG conference, which this year was held in Detroit. The group consisted of seven 1Ls, two 2Ls and one 3L. A ten-strong contingent from any school would have been respectable, let alone from such a recently-revived student chapter as Buffalo‟s. How was it? In short, a great success. Given the number and variety of things that could have gone wrong but didn‟t, the success speaks not only to the caliber and cohesiveness of the members, but also to the incredible support and inspiration provided to us from the NLG. NLG Conference The content of the panels and workshops was varied and balanced – perhaps surprisingly so in a world made ever more complicated by globalization. The competing interests of undocumented immigrants shared time with the champions of organized labor; panels specific to Michigan such as the high instance of rape of women inmates across the state appeared back-to-back with global concerns in Palestine; threats to civil liberties were presented in tandem with environmental injustices. Each student initially gravitated towards the issues that brought him or her to law school, but over the course of three days, no one came away without branching out and learning something completely new. For the 2- and 3Ls who are poised on the verge of practicing law, the conference was a happy reminder of the meaningful roles that lawyers play in social change and social justice. Anna Falicov, the most senior of the group, thought the conference was inspiring and refreshing for these reasons. Rebecca Hoffman, a 2L and an active member of the Working Families Party of Buffalo, thoroughly enjoyed hearing labor union leader discuss immigration, the rights of undocumented workers, and the need to unite along class lines. Demian Fernandez, another continuing 2L whose goal is to work towards greater American corporate accountability outside of our borders, took away some much needed guidance from the conference. He reflected that the human perspective – and perhaps more to the point, the human-rights perspective – is largely absent from the law school curriculum. He speaks for many in the group in that he feels more energized and focused after hearing what is actually being done in the field to further social justice everywhere. For the 1Ls the experience was less of a reinforcement and more of an instance of first impression – a first time seeing such a concentration of people in whom we see manifestations of our own fledging social justice aspirations. More concretely, it underscored for us the „national‟ nature of the NLG. Unlike the other student groups at UB, the NLG is something that we can be a part of for the rest of our lives, reaping the benefits of the network and furthering its cause long after we leave law school. Impressions of the conference and impressions of Detroit itself cannot be clearly separated in anyone‟s mind. The whole group was housed for free in one place thanks to the generosity of a friend of the Guild chapter of Detroit – a boon for organizational and bonding purposes. By traversing the city ourselves in order to get to and from the downtown, getting lost a couple times, and being rerouted by Sunday‟s marathon, we got to see a substantial cross-section of what was once one of the richest cities in the U.S. and is now the poorest. Evidence of past wealth starkly contrasted with the multitude of empty lots, abandoned buildings, and homeless people camped out in fields. Granted, coming from the second poorest (financially disadvantaged?) city in the U.S. no single scene was anything new. The extent of the decline, however, seemed more pervasive than in Buffalo since Detroit is larger and more sprawled. „Poor‟ in the context of Detroit cannot be applied to the city‟s cultural offerings nor to its pride. Mike Raleigh, a 1L and native of Buffalo, found the conviction of those who choose to live in the city a heartening characteristic Detroiters share with Buffalonians. He met many like-minded people. Melissa Wischerath, a fellow 1L and also a Buffalo native, felt the people of Detroit among the friendliest ever. When we were not at the conference center we were walking in Greektown, listening to live jazz at the longest running jazz club in the country, going „feather bowling‟ (a Detroit past-time rooted in its Belgian immigrant past), riding the People Mover (the closest thing to the Simpson‟s monorail we will ever see), admiring the shiny 1950‟s GM sports cars on display, dancing the night away at a pub across from the old Lions‟ stadium, eating late-night greasy goodness at Detroit‟s famous heartburn heaven „Coney Island‟, doing U-turns in a 12-passenger van, and coming home from a party only to find the party has beaten you there. I am a 1L. For me the weekend confirmed in my mind that I‟ve found an amazing group of people to share my law school experience with. I became excited about the potential we have for the future with so many new recruits. But most importantly, I could have been overwhelmed by the number of fronts the NLG presented in the continuing struggle for equality in the eyes of the law, but I wasn‟t – I was convinced that individuals can make a difference. That is, individuals united. Thanksgiving· from Page 3 lending on sub-prime mortgages and now, as a result, a credit freeze [even after a government bailout]), and thus the state will continue to cut UB‟s funding. Since my first article, America‟s economy got even worse, and the revenue that NY had relied on from taxes pulled from Wall Street earnings (upwards of 20% according to Bloomberg.com), is no longer there. Governor Paterson has said that, because of companies like Citigroup Inc. taking serious loses, NYS government needs congress to fill a $47 billion dollar budget hole. Personally, I am against this kind of government bailout, because if we reward states that act fiscally irresponsible, we are not teaching those states any fiscal discipline, nor how to act prudently by not spending above their means. It would be the states that spend responsibly, bailing out the ones that don„t spend responsibly. Meanwhile, the money that goes to bail-out NY and pay-off our surmounting debt from out-of-control borrowing, will be taken from our federal income tax instead of our state income tax. The only difference is that one is going to directly to the state, while the other is going indirectly to the state, but they money is still going to the same place. Again, one of the ways to solve this issue is to amend the state constitution to require, before a budget can be passed, it has to be balanced, i.e., enough tax revenue to pay for government‟s expenditures. Also, any budget surplus should go to pay off NY‟s debt. Further, NY needs to remain competitive in the national marketplace by offering businesses incentives to openup-shop in NY, especially up-state. Remember, it‟s the private sector that funds the public-sector. If we don‟t get NY‟s spending under control, we‟re going to see our population decline further (and we‟ll lose seats in the house and electoral votes), including legal businesses in search of a better tax climate. Despite the fact that our law library is like a cornucopia of undergrads, grad students, and law students; or that law students may be evicted from O‟Brian; or that NY government‟s spending and borrowing is killing the SUNY system, try to have a happy Thanksgiving. 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-11 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/2008 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 3 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bef6e7453e2c236c190b62bd706b4322.pdf 7289142746d7a2a8a1a34d9de48e6513 PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 4 The Student Newspaper of the University at Buffalo Law School February 2009 It was 2006 and I was interning in the New York State Assembly when economist Thomas Friedman, a New York Times columnist and author, released The World is Flat: A Brief History of the Twenty-first Century. Friedman’s concepts of globalization and its forced effect: competition among people and sovereigns as means of survival in the global market-place, was critically acclaimed, and took New York State by storm. Well, at least by rhetoric: In Governor George Pataki’s last State of the State Address, he stressed the need for New York to maintain its competitiveness with other States in the Union. Despite the fact that an on-time budget was passed that year (which is quite rare in New York), however, Pataki acquiesced to the democrat controlled Assembly’s bloated budget proposal, which increased spending on-top of Pataki’s much generous executive budget, and forced many businesses to leave the State in search of a better tax climate. The Legal World is FLAT By Dan Aiello Mr. Friedman stressed the fact that through technology, commerce will travel across the globe in search of cheaper labor and more efficient means of producing work-product. The only way to compete with outsourcing, is for Americans to continuously update their labor skills creating more demand for us, instead of the Chinese or Russians, because anyone, anywhere, can compete for a job. All you need is some basic skills and a laptop with internet connection. The world, according to Mr. Friedman, is ―flat‖ in terms of how globalization has leveled the competition between countries, and I would like to add, States, here, in America. All businesses need is incentive to leave, and they are the best equipped to pick-up and go elsewhere, whether altogether, or outsourcing labor that is too costly in the U.S., or too costly in the State they’re in, i.e., insourcing. During the same time, Massachusetts, formally known as Taxachusetts, experienced an increase in population thanks to a flat-tax, which is a flat rate tax on income, i.e., one marginal rate that everyone pays despite the size of one’s income. So, while New York toys with a progressive tax that increases when taxable income increases, essentially breaking down the will of businesses to work here and hire here, the State will continue to lose businesses and jobs. If there’s less people in the State, the already high tax burden is increased and borne by the people who still live here and are trying to work here. In essence, Pataki and his successors abandoned Mr. Friedman’s concepts and the consequences are reflected in the New York Public Policy Institute’s State Competitiveness Index, which ranked New York dead-last in fiscal policy, and, TA-DA: number 38 in competitiveness. Massachusetts is ranked number 2, because they out-competed New York and are reaping the benefits from a healthy private sector. What does this mean? Since New York State’s job growth is way below the national average, the businesses that are still in New York are experiencing a higher tax burden, because the progressive tax rate increases to compensate for the lost business revenue, and since Wall Street is in deep fiscal doo-doo, the increase is even higher. So high is our budget shortfall this year, the Federal Government has earmarked a $44 billion dollar bail-out. The Feds will think of creative ways to recoup that money, don’t you worry. Just today I read that the Transportation Secretary wants to tax people on how many miles they drive using GPS tracking devices on cars. Taking’s violation? When Assemblyman Michael Fitzpatrick, one of the most gifted members of the legislature, recommended that I read Mr. Friedman’s book, I did. At first I See Flat World · Page 3 Passing the Buck: How the Administration made its Financial Crisis Our Problem $25.25 By Jonathan Pollard It does not need to be said, but these are dark economic times. Foreclosures, unemployment, layoffs, and bankruptcies are all up and so-called experts only expect things to get worse. What’s more, there’s still uncertainty regarding whether the Obama administration’s $1.2 trillion stimulus plan will indeed stimulate the economy. And with the failure of seven banks so far in February 2009 and six in January, it’s reasonable to wonder if people will be able to get loans again and be able to service them. In keeping with the Facebook craze of telling people 25 random things about yourself, here are 25 things for you to do or know about finance to shield yourself from economic tsunamis like this one, not just for this year, but forever: By Emily Catalano egc3@buffalo.edu A good friend once told me, ―Money’s tight!‖ And lately, that phrase rings more than true. As a 1L, I’ve learned that law school is tough—not only on your sanity but also on your wallet. Digging my way through a mountain of Westlaw printouts doesn’t leave much room for a part-time job. And some way, somehow, weekly bar nights always see me spending more than the $5 entry fee. UB’s announcement of the SUNY tuition increase this semester, then, came as an unpleasant shock to many law students paying their way through school while trying to maintain their pre-law school lifestyle. 1) There’s a great video that exists called Money as Debt. (You can view it at the following URL: http://www.youtube.com/watch?v=cy-fD78zyvI) It describes in detail, but simply, the origins of the modern day Western banking system. By understanding our banking system, we can ensure that crises like this never take place again. Yes, there were predatory bankers and other greedy individuals who gave loans to people who could not afford them for the former’s profit. However, I believe we should enter a new era of responsibility and live beneath our means and constantly try to expand them, as opposed to living above our means. This semester, the University at Buffalo and the entire SUNY system implemented new tuition rates that only add to students’ financial struggles. Law students’ tuition has increased by $935 for New York state residents and $2,130 for non-residents. These increases bring in-state tuition to approximately $15,070 and out-of-state tuition $24,260. These increased tui2 tion rates will remain in effect for the Attorney General 3 2009 and 2010 academic years. Debt Addiction infra Around UB Law More Debt Issues UGrad v. Law School Terrorist Africa 2) What is a stock? A stock represents ownership in a company. Before the advent of the internet, a share of stock was indicated by a certificate that was sent to you by the company you owned. A stock’s price generally moves higher as a company earns more. A company sells stock to the public (i.e. ―goes public through an IPO or Initial Public Offering‖) in order to raise money to grow. In exchange for your money, a company gives you the opportunity to partake in their stream of profits. 6 In the face of a serious financial crisis, SUNY’s tuition increase is part of a 7 plan to balance the state budget. Between 80 and 90 percent of the funds 8 generated by the tuition increase, 8 See Tuition Increase · Page 4 See Money · Page 5 1 �The Opinion law.buffalo.edu/orgs/opinion February 2009 The Empire Strikes Back: Attorney General Outlines Proposal for Government Reform By Danielle M. Restaino New York State Attorney General Andrew Cuomo visited UB Law School in February to present his proposed legislation to reform local government. Speaking to a packed two floors of the Charles B. Sears Law Library, Mr. Cuomo suggested a need for change in the structure of New York State’s over 10,000 governments. In the midst of a statewide economic crisis his proposal would allow local governments to be reorganized, much like a private corporation might. Instead of raising taxes and cutting services this proposal would realize the financial straits New York is in and use reorganization as a tool to bring expenses down throughout the state. A reorganization of governments would consolidate services that overlap and save the taxpayers’ money. Specifically, the Attorney General’s proposal would first repeal the antiquated laws that make it near impossible to restructure county, city, town, village governments, as well as schools, authorities and special districts. It allows elected officials at the county or town and village levels to propose the reorganization of their local governments. Most interestingly in this legislation, citizens are also empowered to initiate the process of reorganization by securing 5,000 signatures on a petition. If this is accomplished the local governing body must reorganize in one year or a court appointed monitor will be brought in to do so. This legislation truly empowers the taxpayer to participate in the process of finding ways to make the state, and more importantly their communities, run more efficiently. One thing that ran through the Attorney General’s presentation was a contagious optimism in the potential for change that really can take place in New York State. Although government reform may not be the sexiest topic to speak about or listen to someone speak about, the sense of necessity for some kind of integral change in the structure of government was apparent as well as a genuine feeling that this idea can really work. Local governments can be consolidated and reorganized so that instead of having several police departments, from several different local governments patrolling the streets of Erie County, maybe there’s only one department from one government. Then governments will have fewer expenses and citizens are released of an extra tax burden. In order for this idea to truly pay off though people need to be able to accept the changes that will be made. As Mr. Cuomo explained, what this legislation seeks to do is foster change in the bureaucracies that have been around forever. It is essentially trying to change the only system people have ever known, and that can be frightening. Citizens will need to understand that although there will be tough decisions to make it will only benefit New York in the long run. Change is always difficult for people to wrap their heads around, but it often presents enormous opportunity. That is what the Attorney General’s goal seems to be with this legislation: to bring opportunity back to New York by getting out of our own way so that communities can function and serve citizens in the most efficient manner. Throughout his presentation Mr. Cuomo made reference to the young, talented, legal minds that were in attendance, and it seems as no surprise that he would come to our law school to present this proposed legislation to the Western New York area. As a new generation of attorneys, many of us poised to take the Bar Exam and enter the legal profession in an unprecedented time of national and statewide economic uncertainty; this kind of issue, one that changes the rules of the game, may be exactly what we should be thinking about. This could be a great opportunity for many of us who are interested in local government to take the lead with an idea that shows true promise in making our state run more efficiently and benefit citizens at the same time. Our careers and futures can only stand to benefit from becoming involved at the outset of this plan to work towards restoring the communities and the people that have supported so many of us while we have been in law school in New York. The Attorney General’s proposal empowers individuals and localities to bring change to government that will aid in repairing our state’s economy. It only seems logical to embrace the opportunity we have as future lawyers and leaders, and as New Yorkers to move the Empire State towards a bright new future. The Attorney General’s Office At UB Law School Gary Baldauf Speaks to UB Law Students Gary Baldauf, from Attorney General Andrew Cuomo’s office spoke to Professor Mike Taheri's White Collar Crime class on Wednesday, February 18 about the Medicaid Fraud Control Unit. The Medicaid Fraud Control Unit (MFCU), the largest unit within the Attorney General’s Criminal Division, is the centerpiece of New York’s effort to investigate, penalize, and prosecute individual and companies responsible for improper or fraudulent Medicaid billing schemes. In addition, the MFCU is the only law enforcement agency in the state specifically mandated to investigate and prosecute abuse and neglect of residents in nursing homes, hospitals, and other facilities that provide care to unrelated adults. Gary Baldauf speaking to UB Law’s White Collar Crime Students Baldauf discussed recent Medicaid fraud cases in Western New York. He also talked about how the Attorney General’s office identifies and investigates cases of nursing home abuse and other instances of Medicaid fraud. Gary Baldauf answering questions with Professor Mike Taheri 2 �The Opinion The Opinion law.buffalo.edu/orgs/opinion -I America the Debt Addict By Seth D. Pullen spullen@buffalo.edu February 2009 Volume XLVI, Issue # 4 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 Guest Editor Seth Pullen, 2009 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. February 2009 Over the past few months, many 3L’s have discovered for themselves that the economic crisis is not just media hype. This really is a difficult time to apply for a job. NYC has always been the biggest job market for UB graduates, but right now competition for those jobs is intense, with laid-off attorneys competing for the same positions as prospective graduates. We all hope that the economy improves quickly, so we don’t have to join the growing ranks of the unemployed. Unfortunately, even President Obama says the economy ―will get worse before it gets better.‖ Everyone seems to agree that something must be done to improve the economy, but there is much disagreement over what that ―something‖ should be. Much ink has already been spilled to offer and criticize various ideas and suggestions, but I would like to share my own analysis of our current economic situation. This starts with the question, ―what went wrong?‖ This is often treated as a rhetorical question, but curiosity has spurred me to read numerous books and articles about international finance and economic cycles. The short, easy answer is that we had a real estate ―bubble‖ which collapsed due to overbuilding, predatory lending and speculation. The deeper reason is that our society became overly reliant upon easy credit to spur an unbalanced economy, and that credit is now unavailable. In other words, America is addicted to debt, and we are now going through withdrawal. Let me give an oversimplified history of how we became debt addicts. In the 1950’s America was a manufacturing powerhouse that exported a far higher value of goods than we imported. Much of the world was recovering from the devastation of the Second World War, and we provided many nations with both consumer goods and the machinery to rebuild their own factories and industries. In an effort to help these nations recover, and to prevent them from moving towards Communism, the United States provided not only military security, but a favorable export market for their goods. This assisted Europe and Japan to regain prosperity. In the 1970’s, relations with China were normalized and it entered this trade market. Since the collapse of the Soviet Union, most of the world has been included in this global free trade, often referred to as ―globalization.‖ Globalization has the effect of enabling manufacturers to produce goods wherever labor is cheapest, and to sell those goods wherever demand or price is the highest. This is great for American consumers, who can now buy a huge variety of goods for less than ever. However, it is bad for American workers, who are now in competition with every worker in the world, many of whom are desperately poor and unemployed. As American consumers bought more goods from overseas, the trade surplus gradually became a trade deficit, which then grew. For decades, America has spent hundreds of billions of dollars more on imports than we have earned on exports. How can we spend more than we earn? We borrow the money back in the form of bonds and investments. In the words of the late financier and economist Sir James Goldsmith, we ―export jobs and import debt.‖ The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Much of the current debate seems focused on who can be blamed for the problems we now see. There is plenty of blame to go around, including banks, regulators, lawmakers and even consumers. Many of the creative financial instruments now considered ―toxic assets‖ were essentially efforts to provide the American economy with the credit it needed. That supply has dried up, and now the politicians are trying to find was to restart lending and restore credit. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. To continue with the addiction metaphor, this sounds an awful lot like giving the economy methadone to prevent the painful symptoms of withdrawal (in this case rising unemployment, bank collapses and foreclosures). Even if it succeeds, a fresh supply of credit won’t fix the trade imbalance, nor will it restore America’s lost manufacturing jobs. This crisis has given us an opportunity to accept the pain of withdrawal, both collectively and individually, in order to break our debt addiction. Some of the president’s proposals, such as creating ―green‖ manufacturing jobs based upon energy innovation, and investment in durable infrastructure, seem like a step in the right direction. Other efforts to provide cheap government loans (with funds borrowed from overseas) to banks, manufacturers and homebuyers, seem like stopgaps that may perpetuate the credit problem. We all need to demand policies that address the long-term health and stability of our economy—not just the short-term financial pain we are experiencing right now. Otherwise, we will remain debt addicted, and may get to experience this crisis all over again in a few years. Flat World· from Front Page was skeptical, because I remembered what my favorite political science professor and local political analyst, Stanley Klein, said about economists: he said (this is not verbatim), ―The only thing economists can agree upon, is that they disagree. What kind of career is that?‖ And I still laugh at that observation, because my buddy who was econ. major is working for Boar’s Head. Sorry, Ryan. But, nonetheless, the book changed the way I think about the world as it exists today. I never thought it could affect the legal/professional world I was about to enter, until last term when I picked up a free copy of USA Today and read an article on legal outsourcing. Legal work is being outsourced to India. Work that is usually reserved to paralegals and first-year associates, like researching cases and statutes, managing contracts, and preparing legal documents, like foreclosure agreements, is being performed by Indian lawyers. Legal work that costs upwards of $125 dollars here, costs $25 dollars there (per hour). For financially-strapped law firms, especially in New York (thanks, SmithDehn), let’s not kid ourselves, outsourcing is a viable option. The ABA hasn’t said much on the topic except that U.S. attorneys must supervise foreign attorneys doing U.S. work. Okay. According to the USA Today article, legal outsourcing is a $3.05 billion dollar industry. So, this is, by no means, small peanuts. As a 2L, this hits me and my fellow law students right in the no-no button. What can we do? We can start by lowering our expectations for paid internships with private law firms, considering the state of the New York economy and the availability of cheap Indian paralegals. I feel that, upon entering the real-world and prior to passing the Bar Exam, we are in no position to demand a salary. If you are fortunate to receive a paid job, don’t let your employer forget that you are grateful. To me, and I’m speaking from my many unpaid work experiences, if you show a potential employer you are willing to work hard for no money or meager money, it’s implied that you will work even harder for a decent salary. As potential attorneys we need to be vigilant regarding legal outsourcing. We can’t afford to be spoiled U.S. law students either. We need to find a way to separate ourselves from the rest, whether it’s a law student from Yale, Cooley, California, or the Balkans. Learn a different language, get a unique degree, join the Coast Guard, because there are people out there hungry for our legal jobs. Get on your war-paint like Mel Gibson in Braveheart, because it’s Go-Time. In any event, get ready to tell the loan repayment people that you need an extension repaying your debt. 3 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Tuition Increase· from Front Page which is estimated at $140 million statewide, will most likely be retained by the state to counteract the cuts incurred by SUNY in this year’s budget. Students, then, are paying more and getting less, because their hard earned (or loaned) money will hardly be put back into their education. This increase seems a lot like a tax on middle class families and students, who will see little to none of their money in University improvements. The last tuition increase for SUNY students was in the 2003 to 2004 academic year. Past school years have been characterized by long periods of no tuition increase, with large sporadic increases whenever the state is in a budgetary crisis. I don’t know about you, but I’m not a big fan of surprises. These unpredictable tuition hikes are less than convenient for students, who would benefit from a system of small, predictable increases instead. These increases are not only substantial, but they come mid-semester, affecting the loan coverage of some students, who could be forced to pay the extra money out-of-pocket. Absorbing the costs would be difficult for anyone, but asking students who are already struggling financially to go through the process of finding a larger loan could be the last straw that leads them to jump off the roof of O’Brian. ―As a first year law student, adhering to a strict budget is essential to me. Taking a $900+ hit by way of a tuition increase is like having my car break down or finding out that my rent doubled for the month,‖ Jac Niejadlik, a 1L said. He added, ―I imagine that for outof-state students the burden is just that much more aggravating.‖ Different sectors of the University are not sharing the financial burden equally, either. Undergraduates will see a $310 increase for in-state students and $1,130 increase for out of state students. The increases for professional programs are: MBA, $505 and $1,210; medical, $1,135 and $3,570; dental, $1,150 and $3,460; pharmacy, $975 and $2,525; and physical therapy, $810 and $1,950, respectively. SUNY is known for its extremely affordable tuition that gives a wider range of people an opportunity to attend college. These increases not only alter the ―SUNY reputation,‖ but also make it less likely that low-income families will be able to send their kids to college, because they can’t make the payments, or perhaps even just for fear that another unpredictable increase will hit them mid-semester, as this one has. Annual tuition increases might also see colleges becoming less creative in their revenue raising tactics. Other sources, such as philanthropy and public-private partnerships should be some of the first areas explored, before a University taxes its students to compensate for a financial crisis. Overall, this tuition increase comes at a most inconvenient time— most of us are floating in the gray area between our irresponsible undergraduate days and the financial realities of adult lives. If a tuition increase is the only solution to a more general economic crisis, then such an increase should not come in the middle of a school year, we should be able to see most of our money in University improvements, and the financial burden should be shared evenly by all students. ―Now they don't have to worry about coming up with the money, we do. If we can't, we drop out of school with half a degree and a mountain of debt that we can't pay back, because how can anyone get a job with half a semester's worth of law school?‖ Brian Sadonis, a frustrated 1L said about his increased bill. Perhaps dropping out of law school would be extreme. From now on, though, it’s safe to say that students will be sticking to the dollar menu and returning their empties at Tops without shame. After all, money’s tight. Opinions and Commentary Somalia · from Back Page transactions. The most prominent group in Somalia is the Al Ittihad Al Islamiya, which is a radical Islamist group believed to be associated with Al-Qaeda. Somalia’s status as an impoverished state makes it very susceptible to the operation of terrorist groups from inside the country. Extreme poverty conditions and unemployment are rampant throughout the country, making resentment towards the rest of the world notable. Somalia is the prime example why a weak and impoverished state is susceptible to terrorism. The problems that contribute to Somalia’s lawlessness lays mostly in the fact that Somalia, like many other states in Africa, are clan-based. Because of a lack of central government, clans are pitted against each other in a Hobbesian sort of world. In effect, struggle for power is the underlying problem in this country. Much of the unrest and fighting within Somalia come from domestic groups that are of no concern to vital U.S. interests. Somalia is made up of mostly clans who fight amongst each other because there is lack of control. This is called warlordism, which is not terrorism. In this present day, it may seem as if US counterterrorism efforts are backfiring in Somalia. ―Few Somalis believe there are terrorists in their country, and many regard the American-led war on terrorism as an assault on Islam‖ (International Crisis Group, 2005). The main question that we come to regarding Somalia is whether there is cause for concern that terrorism is taking over this country. Many scholars debate this issue, and some have come to the conclusion that there is no need for concern. Al Ittihad seems to be the only link to Al-Qaeda, and even that relationship is weak. Even if the US is concerned with Al Ittihad’s link to Al Qaeda, evidence of this link is not strong enough. ―In fact, the bulk of Islamist ―terrorist‖ organizations in East Africa are those that originated in the area and operate with a regional agenda. Many of these groups existed before al-Qaeda attempted to organize them into a loose hierarchy, and so far these local groups have not become deeply entrenched in the al-Qaeda network‖ (Piombo, 2007). The US government currently believes that Somalia supports terrorism and that Al Qaeda is using Somalia as a base to operate in order to attack US targets, but this may in fact be false according to the information found by scholars. Another main concern of Somalia is its large Muslim population. It is interesting to see that scholars are not too concerned with this factor, stating that this might actually be a stabilizing factor in helping the reestablishment of a peaceful Somalia. Some suggest that the Muslim population should not be seen as a negative influence; instead, it should be seen as a positive and stabilizing influence. Others believe that Somalia is too inhospitable to terrorist groups. The Council of Foreign Relations seems to believe that Somalia is inhospitable to Al-Qaeda groups by simply being Somalia. ―First, while Somalia is about as big as Afghanistan, its landscape lacks Afghanistan's many natural hiding places. Second, Somalia is a more secular society where Taliban-style fundamentalism is unfamiliar. Third, Somalia’s pragmatic, secular local authorities are well aware of the multimillion-dollar U.S. bounty on the heads of alQaeda leaders‖ (2005). These facts make it hard for the US to justify a war on terror on Somalia. 4 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Money· from Front Page 3) What is a bond? A bond is a debt instrument that a company sells to the public in order to secure money to expand and run daily operations. With a bond, in exchange for your money, a company pays you a certain amount of interest every quarter (three months). If a company goes bankrupt, bondholders have a claim on the company’s assets before stockholders. 4) Your FICO score: Your credit score, also known colloquially as your ―FICO‖ score affects everything from whether or not you get a good interest rate on your home or auto loan to whether or not you can even get a cell phone. Employers also look at it to determine what type of employee you’ll be. Know it! 5) Write down a financial goal for yourself. Everybody has their own needs. You might want to be a billionaire. You might want to be a millionaire. Some people just want to be ―comfortable‖. Whatever you want though, be specific about it, as in ―$240,000‖. And make sure you have a date written down as to when you would like to have your desired amount. 6) Figure out your money profile/relationship with money. By that, I mean discover whether or not you hoard money, you think you’re bad with it, you think there’s never enough of it or if you think you handle it well and want more of it. 7) Create a budget. It’s impossible to save, and therefore impossible to invest, if you spend all of your income and then some. Know where your money is going, or it’ll lead you to the poorhouse. 8) What is a mutual fund? A mutual fund is a highly regulated pool of money that is managed by a person who selects stocks and/or bonds to invest in with her client’s money. A mutual fund can consist solely of stock or bonds or both. 9) Give to a charity. When you give to others both in time and in money, you not only help those who really need it, but you open your hands to the universe and can thereby receive what you’ve given and then some. 10) If you want that $2,000 flat screen or that $500 bag, that’s ok. You can buy it. Just save up for it. It’s extremely important to treat yourself something nice after you’ve been responsible financially. 11) Learn a skill that keeps you in demand and keep up with advances in technology. 12) Or, if you don’t want to work for ―the Woman‖ or ―the Man‖, start your own business. 13) Find something that you enjoy doing. You’ll be more productive and thereby produce more income. It’s possible to become a millionaire doing any job that pays over $50,000 and in some instances, even less, with a longer time frame. 14) Be thankful. Know that what really counts is family and friends. What good will it do you if you have millions of dollars, but no one who wants to give you a hug? 15) Never place all of your money in one investment vehicle. If and when you get to a point in life where you have more than $100,000 in liquid assets, spread your money around at different financial institutions. The Federal Deposit Insurance Corporation only insures up to $100,000 at each bank and up to $250,000 for some types of retirement accounts. 16) How to calculate a monthly mortgage payment: Multiply the principal amount, let’s say $100,000 by (1 plus the interest rate) ^n, where n is the number of years of payments on the mortgage. Divide this number by the number of months you will be making mortgage payments (i.e. 240 for 20 years, 360 for 30 years). The quotient is your monthly payment. 17) Buy a reasonably priced home according to your budget. Owning a home has more value than that you own an appreciating (hopefully) asset. 18) What is a Roth IRA? An account that allows you to deposit $5,000 (2009 value; the yearly contribution limit goes up every year or two) in after-tax dollars and invest it in stocks, bonds, mutual funds, or real estate. You can withdraw your deposits tax free, and can use the Roth as a vehicle to save for a home, withdrawing up to $10,000 for a down-payment. However, any earnings that are withdrawn before 59 ½ are taxed like your normal income. A Roth is a good choice for people who think they will be in a higher tax-bracket later in life. It’s also one of the few breaks in the Tax Code for the little guy, so take advantage of it. 19) What is a Traditional IRA? Very similar to a Roth IRA, the Traditional allows you to deposit pretax dollars. When you withdraw the money at 59 1/2, you must pay income taxes on the earnings. 20) Read these four books about investing: Peter Lynch’s One Up on Wall Street, The Motley Fool Investing Guide, and Robert Hagstrom’s The Warren Buffett Way, Benjamin Graham’s The Intelligent Investor. 21) Develop multiple streams of income. Invest in the stock market and more particularly, stocks that pay dividends. Buy rental property. Don’t allow your job to be your sole source of income. 22) Treat your money with respect. Don’t just leave pennies and nickels at retail counters because you think they’re not worth anything. 23) Although most financial decisions for most people, myself included, are fraught with emotional valence, try to take the emotions out of your investing decisions. Not all of your financial decisions – just your investing ones. 24) When buying stocks, always – I repeat, ALWAYS – buy in segments. If you want to buy 100 shares of Apple stock (Ticker: AAPL), buy 25 shares at one price, another 25 at a lower or slightly higher price, and so on until you’ve acquired 100 shares. 25) This is an example of me cheating, but I’ll give you two in one. Never take a stock tip from anyone. As the old adage goes, ―Tips are for waiters‖. And if you’re looking for good stockpicking services, check out the following: theStreet.com, the Motley Fool website (www.fool.com), Vector Vest, and Morningstar, for a review of the best mutual funds. .25) I take my own advice, primarily because it’s not even my own, but wisdom I’ve acquired through reading and others teaching me. 5 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Two Alumni Appointed by New York State Senate Majority Leader Malcolm A. Smith New York State Senate Majority Leader Malcolm A. Smith announced that he will appoint Shelley Mayer '79 as Counsel to the Majority, and Lourdes Ventura '98 as Counsel for Latino and Immigrant Affairs, among other appointments. "The transition is moving forward in an organized and timely manner," said Senator Smith. "New Yorkers can feel the utmost confidence in the quality of today's appointments. This is a diverse and highly qualified group of individuals, and in the coming days and weeks we will continue to appoint people of the highest caliber to fill positions throughout the Senate." Shelley Mayer served previously as Counsel to the Minority under Senator Smith, as well as Special Counsel to former Minority Leader Martin Connor. Prior to her work with the Senate she was an Assistant Attorney General for Shelley Mayer '79 12 years, under Attorneys General Robert Abrams and G. Oliver Koppell. Mayer was also the Vice President of Government and Community Affairs for one of New York's largest hospital systems, Continuum Health Partners. She received her Juris Doctor from the University at Buffalo Law School and Bachelor degree from California, Los Angeles (UCLA). Mayer and her husband live in Yonkers, where she was born and raised. Lourdes Ventura '98 Lourdes Ventura was appointed to the position of Counsel for Latino and Immigrant Affairs. Ms. Ventura previously served in the Minority Counsel's office under Senator Smith. Before her work with the Senate she was a prosecutor at the Queens County District Attorney's Office and also served as an Assistant Attorney General in the Civil Rights Bureau of the New York State Attorney General's Office. Ventura was an associate at the Long Island-based law firm of Ahmuty, Demers, and McManus and a former president of the Latino Lawyers Association of Queens County. She is a graduate of the University at Buffalo where she obtained her Bachelor of Arts, Master of Social Work and Juris Doctor degrees. Ventura resides in Queens with her husband and son. Around the Law School UB Law School Students Travel to Bosnia, Kosovo and Serbia Six University at Buffalo law students and their professor are studying how national law can help stabilize the chaos in countries struggling from war and civil strife during a four-week educational seminar to Bosnia, Kosovo and Serbia. Isabel Marcus, the UB Law School professor who organized the seminar and is accompanying the students, says she believes the trip is the first of its kind among any of the country’s law schools. Marcus, former chair of UB’s Department of Women’s Studies who has made numerous professional trips to these post-conflict countries working with human rights advocates, says the students — all in their mid-20s to early-30s — have impressed her with their interest and zeal for their upcoming experience. ―I believe that this program is an innovation in the school curriculum,‖ says Marcus. ―It allows students to study a subject intensively on site after spending a semester learning from books and documents. It also will show them how complex the issues of identity, nationalism and the rule of law are in a post-war zone like the region that was formerly Yugoslavia.‖ Professor Isabel Marcus ―The students have studied with me in an intensive seminar during the fall 2008 semester,‖ says Marcus. ―During their trip they will keep journals; upon their return they will write a research paper. ―In each country, their schedule includes discussions with law professors and students, representatives of different human rights groups, police officers and judges, journalists, religious leaders, cultural figures and a representative from the Ministry of Education in Kosovo where a new curriculum for schools is being developed.‖ Around the Law School Giving Now, Giving Later For one generous donor to UB Law School, the roles of alumna, advocate and mom made the decision to give an easy one. Margaret W. Wong '76, a prominent immigration lawyer with offices in Cleveland, Columbus and Detroit, has pledged $250,000 over five years in support for tuition scholarships. The gift comes in addition to a $500,000 bequest that she has written into her will. Wong, an enthusiastic member of the Dean's Advisory Council, notes that she went through law school on a full scholarship, after immigrating to the United States from Hong Kong in the late 1960s. "Without that scholarship, I would not be able to do what I do now," she says. "When I saw that the Law School had a shortfall because of budget cuts, I thought I would come in and help. I decided now is the time to pay back." Her five-year gift will be used in scholarship support for students who might not otherwise be able to afford law school, and to attract top students for whom scholarship aid can be the deciding factor in their choice of schools. Wong said she was inspired by Dean Makau W. Mutua's plan to make UB Law a Top 50 U.S. law school, a plan that includes further improving the quality of each incoming class of students. "I think he is an awesome dean and leader of the Law School," Wong says, "someone who broke the color barrier. It is good for all of us, and especially for a city like Buffalo, which is a very old city." "I am thrilled that she would be so generous to the Law School," says Lillie V. Wiley-Upshaw, vice dean for admissions and financial aid. "This additional scholarship aid will assist us in accomplishing some of the goals that Dean Mutua has set out, and still allow us to offer financial assistance to our students who are in need." For Wong, who built her business by word-of-mouth, in the early days handing out her business card on Cleveland city buses, the memories of her years at UB Law remain strong. "I love UB," she says."We were the first class to use the building on the North Campus – now they are already maxing out the space! Buffalo was an awesome school, and we were so proud to go there." And maybe even prouder that her daughter Allison T. Chan is now a student at UB Law, walking the same halls her mother walked all those years ago. Wong is an unabashed proponent of UB Law, saying that too often "we smile to ourselves instead of to the world outside." Margaret W. Wong ,'76, at the Dean's Advisory Council meeting. And as for her philosophy of giving, it is a simple one: "The more good we do for other people, the more good God gives us. One day if I am richer, I will give more." 6 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Professor Lazar Examines the Causes, Solutions of the American Home Foreclosure Crisis Stuart Lazar, an associate professor in the University at Buffalo Law School concentrating in tax law, has expertise and insight into the new American nightmare: losing your home. Before he became a professor, Lazar was a tax lawyer representing both individuals and businesses in the tax planning process. Lazar – a homeowner and an investor in residential real estate – believes that failures in the housing market triggered the overall financial crisis; and that the general economy will never recover unless the downward spiral in real estate prices stabilizes. "None of the attempted solutions passed by Congress and the Bush administration has solved the problem," says Lazar. "And, in my opinion, none will until we deal with the housing problem. The government's attempts to address this portion of our financial difficulties have been, at best, modest. Whether they have any significant effect on the problem remains to be seen." UB: You've stated your strong belief that the current national financial crisis all began with a failure in the housing market. Can you Professor Stuart G. Lazar elaborate on what you mean. LAZAR: The current financial mess that we find ourselves in has its origins in an asset price bubble – an increase in housing prices – fueled by heavily leveraged loans in which borrowers put little or no money down to purchase real estate that they could not realistically afford; the creation of new kinds of financial innovations (such as mortgage-backed securities) that masked the true risk in the market; lenders that made loans without income verification (so-called "liar loans"); regulators who failed to regulate the banking industry, and a Congress that encouraged irresponsible lending (through the Community Reinvestment Act). All of the above factors have contributed to real estate markets that have become artificially inflated – especially the housing market, as home prices across the country increased each year. Prices rose faster than the fundamentals would have suggested – out of line with increases in household income and significantly above the rate of inflation. Typical of asset bubbles, there was an expectation of future price increases. This led to further price increases as individuals saw real estate as a no-risk investment. It also led to situations where individuals would borrow against these price increases in the form of refinancings and home equity loans. -UB: Sounds like a problem waiting to happen? -LAZAR: It was. An asset bubble is like a Ponzi scheme. Homeowners purchased or borrowed against their homes with the expectation that a future group of buyers would pay increasingly rising prices. When the economy began to slow, and prices stopped rising, new buyers were not there waiting to bail the existing homeowners out. Those who could not afford to pay mortgages that they never should have received in the first place began to default. This led to the beginning of a decrease in housing prices, which affected additional homeowners, leading to the current downward spiral. -UB: So, who is to blame? -LAZAR: Everybody. Borrowers who shouldn't have borrowed. Lenders who should not have lent. Regulators asleep at the switch. And legislators who allowed the crisis to occur, and had no plan to stop the crisis. Many people recognized that a bubble was being created, but no one acted to prevent it. The slower economy acted as the pin to puncture the bubble. -UB: As a tax lawyer, do you believe that the solution is found in our tax laws? -LAZAR: There isn't any one solution. However, Congress has attempted to use the tax laws to try to stimulate the housing market and help existing homeowners. -UB: How? -LAZAR: A couple of measures have been passed recently. One allows first-time home buyers a refundable tax credit equal to the lesser of $7,500 or 10 percent of the purchase price of a principal residence. The credit is available for qualifying purchases made between April 9, 2008, and July 1, 2009. For these purposes, a first-time home buyer is defined as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the homeownership history of both spouses is examined. Only if neither spouse has owned a principal residence during such three-year period will the parties qualify for the credit. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a taxpayer for the credit. The term "tax credit" is misleading, however, since it is required to be repaid. Home buyers will be required to repay the credit, without interest, over a 15-year period (at a rate of $500 per year) or earlier, if they sell the house (to the extent of any profit upon sale). Repayment does not begin until two years after the credit is claimed – so if the credit is claimed on a taxpayer's 2008 tax return, repayment begins on the taxpayer's 2010 tax return. When the home is sold, any credit not previously repaid must be repaid from the profit on the sale. If there is insufficient profit, the remaining credit amount would be forgiven. Since the credit is required to be repaid, taxpayers may think of this incentive more like a zero-interest loan than a traditional tax credit. In essence, Congress believes that fronting money to first-time home buyers will bring more buyers into the market. More buyers should lead to increased demand. Theoretically, this increased demand should help to increase – or, at the very least, stabilize – home prices. -UB: How can eligible taxpayers claim the tax credit? -LAZAR: Taxpayers that qualify claim the credit on their federal income tax returns. And the credit is refundable – meaning that taxpayers owing less than $7,500 in federal taxes will be entitled to a tax refund for the difference. Taxpayers that qualify for the credit as a result of a home purchase in 2009 can accelerate the credit by treating the purchase as occurring in 2008, and by claiming the credit against their 2008 tax liability. This gives taxpayers the ability to determine when the credit would yield a larger benefit. -UB: Are there any limitations on taking the tax credit? -LAZAR: There are, both in terms of the amount of the credit and which taxpayers can qualify. First, the full amount of the credit is available to single or headof-household taxpayers with a modified adjusted gross income of no more than $75,000, and married taxpayers with a modified adjusted gross income of less than $150,000. The credit is phased out by $375 for each $1,000 by which the taxpayer's modified adjusted gross income exceeds such limits. As a result of this limitation, single or head-of-household taxpayers with a modified adjusted gross income of $95,000 and above, and married taxpayers with a modified adjusted gross income over $170,000, are not entitled to any tax credit. Second, the credit is limited to 10 percent of the qualified purchase price. Taxpayers that purchase a home for less than $75,000 will be limited by this percentage limitation. -UB: The first-time buyer credit helps buyers. What about existing homeowners? -LAZAR: Two new tax provisions help existing homeowners. As a general rule, debt that is forgiven or canceled by a lender must be included in income on a taxpayer's tax return. However, the Mortgage Forgiveness Debt Relief Act of 2007 has a provision that allows taxpayers to exclude from income amounts realized as a result of modification of the terms of a mortgage or a foreclosure on a principal residence. The act only applies to debt taken out to purchase or construct a principal residence, not to home equity debt. The intent of the act is to help those taxpayers who have lost their home, or to help those taxpayers able to renegotiate with their lender in order to keep an existing home. Combined with another bill passed in 2008, mortgage debt forgiven from 2007 until 2012 will be excluded from income. Second, as a general rule, state and local property taxes are only deductible when taxpayers itemize their tax deductions. However, beginning with the 2008 tax year, a new standard deduction of $500 ($1,000 for married taxpayers filing jointly) will be available for these taxes. -UB: OK, Professor Lazar, is there anything that taxpayers need to know about these new provisions? -LAZAR: As with all tax provisions, there are limitations and exceptions to the rules stated above. Taxpayers wishing to learn more about these provisions should consult their own tax advisers or may receive additional information at the IRS Web site (http://www.irs.gov). -UB: So, will these tax provisions "fix" the housing crisis? -LAZAR: In my opinion, not by a long shot. These provisions will make a difference for some taxpayers, but more work needs to be done. Congress needs to provide further incentives for home buyers and investors, and find a way to get banks lending again. In addition, much more is needed to help existing homeowners. Remember, that even with foreclosure rates at these historically high levels, and even more taxpayers going into default on a daily basis, approximately 95 percent of all mortgagees continue to make their mortgage payments on time. For government action to have any significant effect, Congress will need to provide a stimulus to incentivize these responsible citizens to continue to carry out their contractual obligations with their lenders. That, however, is an entirely different conversation. The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. 7 �The Opinion law.buffalo.edu/orgs/opinion February 2009 I had always envisioned that first day I walked into the Law School building, there would be bright heavenly lights, angels singing, and possibly even a parade to celebrate my accomplishments. I imagined that even on that first day, I would experience some sort of out of this world transformation like when the Little Mermaid grew legs in place of her tail, or when the Beast transformed into a handsome prince. Undergrad v. Law School: A Few Thoughts By Elizabeth Hersh elizabethersh@gmail.com Needless to say, none of these things happened. As someone who came to law school right from undergrad (UC Santa Barbara, 9 th biggest party school according to the Princeton Review, of which I am very proud), I had quite a few expectations about Law School and most have been completely wrong. As first year student Jac Niejadlik pointed out, the similarities between undergrad and law school stop at the educational setting (a classroom), and the routine syllabus. Most of the academic differences are pretty self evident. Let us begin with the Socratic Method. Whether a professor designates sections or rows to call on, I tend to spend many classes in fear of being selected. I turn hot pink and I get kind of sweaty, and no matter how well I understand the reading, I am anxiety stricken but at least not as stricken as Timothy Bottoms from ―The Paper Chase.‖ To be honest, I think some teachers smell the fear, and enjoy the torture of the Socratic Method while other teachers use it more as a way to keep students on task. I do not remember if I was ever called on randomly in undergrad; perhaps in a small discussion section but never in a lecture. This is probably why I sort of did the reading, because I knew no one was going to ask me about it, and I could usually squeeze things in before midterms and finals. Which reminds me, about midterms, where have they gone? Unfortunately, or fortunately depending on your study habits, midterms seem to be a thing of the past. Personally, I enjoyed the extra grade padding, or at least having a way to gauge my academic performance, but now there is no real indication for how a class will turn out grade wise. While I kept up with the reading and some outlining for most of the first semester of Law School, I still found myself spending a good three weeks in the library before finals from about 9 to 9 every day of the week. I had a bad case of cabin fever by the time finals rolled around. Luckily I had a good buddy to keep me company, and we got through finals, one unhealthy snack at a time. And even after all the studying, I still was not sure how my grades would turn out. In undergrad, I knew what grade my efforts would result in; very rarely was I surprised. The notion of homework is also quite a bit different in law school than it was in undergrad. In undergrad I felt that I had a lot of busy work; pointless readings and pointless assignments that I still had to turn in by a certain date. As for the reading, it usually took a back seat to more pressing social activities. In law school, there is no busy work. No, no one will check on you if you do not do the reading, but you will look like a dunce if you are called on and did not do it, and if you have not done any of it towards the end of the semester, you better have an awesome supplement that you have been following along with (I highly recommend Legal Lines when available). I also remember looking at my first reading assignment for torts and thinking, only 30 pages? That is nothing. Oh boy, was I wrong. 30 pages can take what feels like 30 years to read because I actually have to try and understand the material this time around…30 pages in undergrad was a laughing matter. Bottom line: in undergrad you could miss class, and get away with not doing too much until immediately before the final. In law school, you actually have to do your work. I am assuming that is what the real world is like as well, but I will save that for another discussion. The social interactions of law school are just weird. As many of my friends pointed out, we have essentially resorted back to a high school like social atmosphere, right down to the lockers. Everyone said that law school would be really cliquey, which I did not really believe until a friend pointed out that I do not realize it because I am in fact in one of the cliques. But to be fair, I do think a lot of the cliques do intermingle within their own section, and between sections as well. So yes, things are cliquey, but people become friends with people they have things in common with. I do not see the law school cliques at UB as a negative thing, just a natural social progression. But boy, is law school gossipy. I tried to stop at first, to be above the gossip, but it is so darn fun. Why? Well law school gets dry at times and talk of who hooked up with who or, who did not ―drink responsibly‖ at the last bar night, is a much more interesting topic of conversation than Rule 68 in Civil Procedure. Plus, there are only some 200 of us so it is really easy to learn all the juice. I would also like to point out the manifestation of an important concept known as ―Law School Goggles.‖ Yes, when we first arrived at orientation there a few men, or women we all probably found attractive… when I say a few I really mean no more than three. Now, however, people are starting to look a lot better, and yes I am completely sober when I say this. Speaking of sobriety, a lot of people told me that I would party or go out about once a month in law school. This sort of became true toward the end of the semester, but the law school student organizations sponsor happen to offer bar nights every week; how is a first year supposed to say no? I would like to think that I got most of my craziness out in undergrad so one night a week of partying is fine for me, but I know a handful of people that do two or three nights and still get great grades. I admire those of you that can accomplish such a task. I know that a lot of people did not come to law school straight from undergrad, and many people’s undergrad experiences were completely different than mine, but these are just my own musings. But, it is probably shared by others as well. I guess the law school transformation is more like Jedi training. It takes time, work, and experience to use The Force rather than a sudden transformation like Pinocchio turning into a real boy. Someday, I will hopefully transform into a great lawyer, or Jedi Master, whichever comes first. Is Somalia the New Terrorist Hot-Spot? By Kristen Ng Since the attacks on September 11, 2001, the United States government has increased its efforts in its counterterrorism programs in an attempt to provide safety and security for its citizens, domestic and abroad. The continent of Africa, particularly states located in the Horn of Africa, has become an area of interest for counterterrorism efforts. Countries like Somalia, which is considered a hotbed for terrorist training camps and recruitment centers, are targeted for their close ties to Al-Qaeda and for its large Muslim population. Africa has long been known as an unstable continent, slow to develop and slow to prosper due to its lack of effective government sand impoverished status. It has long been known that collapsed and undeveloped, and therefore unstable, states are more prone to security concerns such as instability, riots, crime, disease, and terrorism. According to President Bush, ―poverty does not make poor people into terrorist and murderers. Yet poverty, weak institutions, and corruption can make weak states vulnerable to terrorist networks and drug cartels within their borders‖ (Center for Global Development, 2002). Somalia has all of these qualities that makes it attractive to terrorists. However, this brings us to beg the question, is Somalia actually a threat to U.S. security interests? The answer would be no. Somalia is a state plagued with many problems, from extreme poverty to the current problem of piracy. Somalia is a state that is of utmost importance to the United States because the US believes that Al-Qaeda is planning to reside in the country and operate from it. ―Somalia is in anarchy, riven by competing warlords and a haven for Islamist militants‖ (The Economist, 2007). Somalia is a state that the United States has not been able to partner with nor establish any diplomatic ties with. Because Somalia has long been suspected as a state harboring AlQaeda terrorists whose primary goal is to destroy the West, the United States has concentrated its efforts on the states that surround Somalia, as seen from previous analysis. Somalia is a collapsed state with no national government. Somalia has been without a central government since 1991. Instead, the southern half of the country is ruled by the Islamic Courts Union, who see themselves as radical Islamists. Somalia is also about 99% Muslim. Al-Qaeda is suspected of having a base in Somalia because of its ―unpatrolled coastline and hundreds of unmonitored airstrips, facilitating untracked movement of foreign jihadists and illicit business See Somalia · Page 4 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2009-02 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/2009 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 4 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c2100f1c4140859a34d938fe728c487.pdf 676a4877ed02536b0b829e1242acb6af PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 5 The Student Newspaper of the University at Buffalo Law School March 2009 Clubs You Can Join as a Budding Law Student The Top Ten Reasons You Should Join the UB Trial Team By Eduardo V. González y Torres Since I last wrote, leaves have fallen, snow has blanketed our city, and now, spring‘s warm glow is beginning to rejuvenate this tundra we call Buffalo. For 3L‘s, our graduation is fast approaching and with it the impending doom that is the Bar. But for 1L‘s and 2L‘s, the cycle begins again next fall. Classes begin, red leaves fall, and summer‘s charm succumbs to winter‘s fury. The last time I wrote, I discussed the ten reasons I accepted a judicial clerkship. I received a lot of positive feedback and thought it might be useful to share another rewarding experience: joining the UB Trial Team. In this article I will discuss the ten reasons every 1L and 2L should consider trying out for the UB Trial Team. Before I begin, I will caution you that many of the rumors are true: the workload can be staggering and you should expect to practice anywhere from 10 to 15 hours a week, or more. Further, try-outs often take place the week before finals,, which may deter some students. But, the rewards are well worth it. So much so, I wish I tried out earlier. With that in mind, and with a devil-may-care attitude, I give you the ten reasons every 1L or 2L should consider trying out for the UB Trial Team. 1. Through your intensive practices, you will learn to quickly develop and articulate a persuasive argument, as other practitioners, and more importantly, your CLICK HERE Trial Team · Page 7 Violence on Women The Defense Research Institute (DRI) is a professional organization composed of attorneys representing businesses and individuals in civil litigation. DRI compiles information useful to defense litigation across the country and arms firms with research tools including updates on recent verdicts and decisions, new legislation, and lists of expert witnesses. As DRI membership offers several benefits to law students, including membership in a professional association, opportunities to network, a subscription to ―For the Defense‖ magazine, and free admission to seminars, I am leading an initiative to launch a DRI chapter at UB law school. Many students are interested in pursuing a career in civil litigation. Joining the DRI as a law student may offer them an advantage in the job market because it serves as an opportunity to demonstrate their interest to potential employers. Participation in a formal organization at the law school will be even more helpful to students as it would create an outlet to network with law firms in the Buffalo community who are already associated with DRI. While I am in the midst of drafting a constitution to be submitted to the SBA for funding, the DRI group at the law school will host events that serve as a forum for students to exchange ideas about areas of practice most interesting to them. Once established, future events are likely to include guest speakers from Buffalo firms, discussions on trial preparation and techniques, and conversations on pro- Selfish Americans “Go Galt” Wisdom from the Masters By Danielle M. Restaino By Jonathan Pollard The late Italian composer Gian Carlo Menotti once said that ―a man only becomes wise when he begins to appreciate the depth of his ignorance.‖ That, of course, is as true when it comes to investing and personal finance as it is in any other facet of life. In 2008 – the year that‘s being heralded as the worst year for most asset classes and the economy since the Great Depression – many that were ―dwelling high‖, as the Bible puts it, were subsequently ―brought low‖. And it wasn‘t too hard to be ―brought low‖ considering the immense asset bubble that began to deflate in late 2007 and how overly-leveraged the American consumer has been for the past decade or so. Even brilliant investors like Warren Buffett, Eddie Lampert, and Ken Griffin lost fabulous sums of money in the stock market. ―So‖, you might mutter to yourself, ―how can I as the small investor hope to make money in this environment?‖ Well, the first step is to acknowledge that no matter how much you know, there‘ll always be more to learn and that you can do better. I started investing when I was a junior in college and it‘s certainly been an interesting ride. I‘ve made a few thousand dollars over the course of a few weeks and I‘ve lost the same over even smaller amounts of time. Admittedly, I‘ve learned more from the times that I‘ve lost money than from the times that I‘ve made money and there‘s one fairly obvious reason for that. infra Legal Help Online By Adam Whynn CLICK HERE DRI · Page 7 There is no question that in the last few months the economic crisis in America has hit a lot of people very hard. Millions have lost their employment, are struggling to buy groceries for their families, and have lost their homes. Still millions more are just scraping by, working hard to save enough money to pay their bills, mortgages and feed their families with the always impending fear that it may all fall apart at any moment. And then there are those who may not be suffering the way these millions are. Who may have only to cut back here and there on expenses because they have worked hard over the course of their lives and have made good decisions and saved money in a responsible way. While this last group should be applauded for their good sense and decision making, there is a fraction that seems to take issue with the President‘s attempts to help the millions of American citizens who find themselves in crisis right now. I say fraction, because I am hoping with all of my might that it is not a majority of these people who resent the fact that they may be called upon in the form of their tax dollars to help their fellow citizens. We keep hearing from Democrats and Republicans alike that 2 America is the greatest nation in the Dress to Impress 3 world, so surely we would be willing Need More Time? to help one another to maintain that 4 reputation, wouldn‘t we? DEATH Smoking Dope DRI Chapter at UB 5 Maybe not. Atlas Shrugged is a 1957 novel by American author Ayn Rand, 8 wherein the protagonist John Galt or8 CLICK HERE Economics · Page 2 Every time that I made money, I attributed it to some great stock picking/ trading prowess of mine rather than dumb luck. When I lost money though – money that I genuinely needed for living expenses – I was forced to go back CLICK HERE Money · Page 6 1 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Your First Law-Suit: How to Dress for an Interview By Emily Catalano egc3@buffalo.edu In an age of casual Fridays (and sometimes even more casual Mondays,) students might experience a bit of culture shock when they realize there‘s no room for their college sweatshirts and torn jeans in the ―real world.‖ During the month of March, we see each other coming to class dressed up for interviews and other professional events regularly. Luckily, Buffalo and surrounding areas offer a wide array of vintage, retail and boutique stores where students can purchase the right professional attire on any budget. The trick to making a great first impression is picking the right suit for you. For students on a strict budget with a good eye, Amvets thrift store on Elmwood Ave. or Goodwill on William St. are great places to look for gently used suits. It‘s harder to find a perfect fit in thrift stores, however, so a critical eye is necessary. Retail stores like Target and New York & Co. sell suit separates for under $50 a piece. Department stores carry higher-end full suits, and coupons are often available in the newspaper. Here, women can expect to pay about $200 and men between $300 and $400 for a brand name, full suit. Before getting dressed, a good first step is to think about looking the part for the position you‘re being hired for. In most cases, legal internships take place in a formal office setting or in the courts. Although I hesitate to ever associate this word with myself, the legal profession for the most part is very conservative. A conservative suit, then, is a necessity when appearing in front of attorneys, judges, and perhaps one day juries also. To carry off the conservative look correctly, students should invest in at least one solid dark suit—black, navy or dark grey. Shirts should be collared, buttoned, long sleeved and a solid color lighter than the suit jacket. For men, ties should be nondescript. A tacky pattern can make a young man look more like a senior citizen who lets his grandkids pick out his ties. For women, accessories should be kept at a bare minimum—costume jewelry may be in this season, but save it for bar nights. Above all else, it‘s so important that a suit‘s fit is impeccable. To ensure that you have a correct fit—check a few key places: men, if your suit has shoulder pads, they should not extend past your shoulders; you should not be able to put your full fist inside the chest of your suit jacket without a button pulling; the top button of a two button suit, or the middle button of a three button suit should not fall below the navel; jacket sleeves should hit where the base of your thumb meets your wrist; with your arms at your side, your knuckles should be even with the bottom of your jacket; you should be able to comfortably lift your arms above your head; there should be no pulling in the fabric across the chest, arms or hips. For women, a skirt should not be tight or hit anywhere above the knee and heels shouldn‘t be more than three inches tall. Panty hose, while not mandatory, should be nude colored or at least lighter than one‘s shoe color. A mistake here could make an intelligent young woman look like the office secretary who works nights at the local strip club. Women should also look for suit jackets with curved seaming and darts, so as to not look boxy or sloppy. It‘s also important to dress for the right season—a tweed suit during the summer will not only make you sweat like a pig, but it might confuse a fashion-savvy employer. If this candidate can‘t make a logical suit choice, how can they do legal research? This probably isn‘t how you‘ll want to be remembered after spending painstaking hours trying to maneuver the Symplicity website. If all else fails in the dressing room, don‘t be ashamed to ask a sales associate for help. It‘s their job to know fit, colors and textures. As a former Gap girl, I would never let someone walk out of my dressing rooms looking a mess! Hopefully you‘ll find someone with that the same passion for textiles. Some may think that fussing over a suit and tie is superficial; however, I beg to differ. Putting on the right suit is a non-verbal communication and statement about your professionalism, ability and maturity. Employers take notice of this the second you step into their office—and I truly feel that it can make all the difference. If nothing else, a well-fitted suit can give one the confidence to sit up straight, speak clearly and project an aura of success. This, my friends, is more than half the battle. Now all that‘s left to work on is your resume. The Opinion Lends Advice Economics · from Front Page ganizes ―successful‖ people, businessmen and industrialists, to decrease their productivity so as to give less money to the government and in turn stop those government programs that help those in need. Why is this relevant today? Because there are some people who believe this type of protest is what needs to be done to stop the Obama administration from implementing policies that will aid those who have lost their jobs and homes. Opposition to the measures that have been passed by Congress thus far to try and stem the financial crisis were no surprise, in fact the debate is the whole point of a representative democracy. The surprising part is the level of resentment and anger that has been touted on cable news and around the internet for actually having to help one another. So much so that people who characterize themselves as ―successful‖ now portray the President‘s plans as a punishment. This has led some on the right to call for ―successful people‖ to ―Go Galt‖ in an effort to stop the President and his ―radical socialist agenda.‖ While I‘m not quite sure just how many of these people have actually read Rand‘s novel, I would venture a guess that it‘s not many. And reflective in that is the fact that while this ―protest‖ is central to the story‘s plot, there are several other philosophical and political theories Rand comments on that are not being used by Obama critics. While I‘m not attempting to review this novel in any way, I‘ll lastly just say that at the time it was published it was not well received, being compared to Marxism (how ironic, seeing as those using it now are trying to combat a second-coming of socialism). What is found in Rand‘s novel that is consistent with the sentiment of many trying to revive this concept of ―Going Galt‖ is hostility towards altruism. This is what seems to be the saddest part of the entire debate, manufactured as it may be. There is a genuine sense of not wanting to help our fellow man, and it seems small and trite at a time like this. It is understandable that some may feel angry at having to give up a portion what they‘ve earned through their own hard work in the form of increased taxes. But the idea of actually working less, and earning less just to spite our government, and our fellow Americans is childish and selfish. Not to mention that those who are talking about this idea are the same group of people who claim this country is a Christian nation. Now, I happen to think declaring the United States a Christian nation runs contrary to the idea of religious freedom and inclusion that was so important to the Founding Fathers, but that‘s an entirely different debate. So ok, I‘ll play along. I went to twelve years of Catholic school and then four years at a Catholic university, and I can‘t seem to recall the part where Jesus tells us to actively sabotage those who are suffering and are on hard times. If we are truly a nation of Christians then we should be trying to address issues that are central to that faith, not just the ones that make for dramatic sound bites and pictures. Poverty, hunger, and unemployment have increased tremendously since this crisis began and it only seems logical and responsible for a government to try and help its people stop the bleeding. And not because this government wants to rob from the rich to give to the poor in an effort to make people dependant on its huge bureaucracy, but because helping those who cannot help themselves is the merciful thing to do. It‘s the responsible thing to do, and this is what President Obama seems to want to do to make America stronger. This country‘s strength comes from its people. It‘s sad that the efforts to revitalize that strength are met by opposition based on selfish ideals and promoted by small minded people who seem to be saying they‘ve never needed any help in their lives at all. It‘s true that perhaps not everyone in this country has made the best financial decisions, but that‘s no reason to cast them off now. And if ―Going Galt‖ is your response to helping your fellow American, I would say that your ―success‖ in the face of this crisis has been accompanied by callousness, and that is not something our nation should be proud of. 2 �The Opinion The Opinion March 2009 law.buffalo.edu/orgs/opinion March 2009 24 Hours In A Day Can Sometimes Be Enough Volume XLVI, Issue # 5 By Elizabeth Hersh elizabethersh@gmail.com Co-Editors in Chief: Dan Aiello, 2010 Kristen Ng, 2011 Contributing Editors: Eduardo V. González y Torres, 2009 Anthony Leone , 2009 Danielle Restaino, 2009 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 Paul Fusco-Gessick, 2011 Guest Editor Sara Korol, 2011 The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. The life of a law student is an incredibly busy one. Between journals, moot courts, clubs, jobs, internships, and of course, daily course work, there is not a lot of down time. Personally, I enjoy keeping my days full and busy, but there are times when I think I am going a little bit crazy. Time management is of the essence in law school, and luckily for us law students, there are a variety of techniques, both time management and others, which can help us keep our lives organized. While most of these suggestions will probably not be new to you, some reminders of ways to better manage your time and law student life in general can always be helpful: 1. Prioritized Task Lists: ―To Do‖ Lists are a great way to stay organized and the most effective kinds of lists are those on which tasks are prioritized. It is helpful to organize lists beginning with the tasks which must be completed first, followed by tasks of medium importance and so forth. This method of activity organization helps to ensure that your list does not become an inventory of all the things you could be doing instead of what you should be doing. Personally, my life revolves around the lists I make in my planner. When I write things down, I do not have to stress about forgetting deadlines, meetings, etc… I also take great pleasure in crossing things off my list because it is a visual reminder of an accomplishment. Prioritized task lists also allow you to become better organized and with better organization comes less stress. 2. Create Artificial Last Minutes: I work best under pressure, which usually means I leave things for the last minute, but this is a bad habit I am trying to quit. To make sure work gets done on time, or even ahead of schedule, creating artificial last minutes can be a very useful tool. For example, setting aside a certain amount of work which must be completed before Bar Night Thursday, or if you do not have a motivating activity available, (though there are usually one or two things more appealing than school work), give yourself an allotted amount of time, say, no more than two and a half hours for twenty pages of reading. Creating this ―pressure‖ may help you to accomplish tasks which would have taken twice as long to do otherwise. 3. Schedule Breaks: Breaks are an essential part of studying. There is only so much time a human being can stare at a page in a text book or a computer screen before they come down with a feeling of nausea. The problem is that study ―breaks‖ have a funny way of turning into entire afternoons and evenings. To avoid such a scenario, it may be helpful to schedule your breaks into your study schedule. Give yourself ten minutes every hour to goof around, or twenty to thirty minutes every two hours. Even break activity can be planned – snack, chatting with someone you want to meet, and then leaving time to just ―hang out‖ and see who or what else comes along before resuming your routine. Also, before getting back to work, decide when your next break will be so you have something to look forward to. 4. Breaking the Facebook Addiction: Many people will deny it, but I know that I am not the only one who loves Facebook. The issue here is that while Facebook is distracting enough, it becomes even more appealing during crunchtime, like the night before a paper is due, or during finals week. First year student Jen Early has had the best idea so far for getting away from Facebook without having to delete your account. Jen allowed her sister to change her Facebook user name and password so she could not access her Facebook for a couple weeks. Of course, if anyone ever asked me for this favor, I would definitely change their profile a bit, but that is a small price to pay to eliminate one of the worst forms of procrastination available today. Better yet, avoid bringing your lap top when you study if at all possible; this is a sure fire way of avoiding Facebook, gossip sites, g-chat, etc… 5. Be Held Accountable: Peer pressure can be used positively to help accomplish tasks. You may find it helpful to ―advertise‖ your study plans to your friends because even though they are probably not paying any attention to what you are saying, you may still feel like you are being held accountable for what you claim you are going to do. If you can rationalize this and it helps, do it! 6. Know Your “Continuum of Effort": With so much to do in law school, it is almost impossible to be a perfectionist. We all know that different levels of effort, from low to high, are required to succeed in the courses. This is known as the ―continuum of effort.‖ Some of us may be better adapted to do well in the theoretical and interpretive law classes such as Constitutional Law while others may do better in the ―recipe‖ classes such as Criminal Law and Torts. You should gauge the effort required to do well in a class based on your own aptitude and skills sets. Supplement your skills by reviewing material from these classes prepared by those who have completed the course and by talking to these students, as well as the professors who are now teaching the same course. Learning your own aptitude and the knowledge gained from others will allow for a determination of where you come out on the continuum, so you do not have to be a perfectionist in each course. Over a semester, this can be a real time saver. 7. Organize your living space: When my room, desk, and bathroom are messy, I feel like my whole life is out of order. Sometimes just the act of cleaning and organizing your physical space may help you put into perspective the other activities you need to get done. A word of caution on this organization tool: do not to let cleaning and organizing turn into a way to procrastinate. If you are the kind of person who will continue to pick up and clean to avoid doing work, or just hate cleaning in general, studying in an uncluttered and clean area like the library may be a better idea. But, physical activity which provides a sense of accomplishment can be relaxing to the mind and body, allowing you to refocus on what it takes to be an efficient law student. 8. Don’t sweat the small stuff; take it one day or one game at a time: Use whatever cliché you would like, but it is important to keep things in perspective which allows you to better manage the sometimes daunting work load. If you approach school and course work as a series of individual tasks with a cumulative purpose and result, you can control that feeling of being overwhelmed or overextended, especially when it seems like everything needs to be done all at the same time, particularly when we approach finals. 9. Sleep!!!: When push comes to shove, many law students will sacrifice precious hours of sleep in exchange for other activities, whether academic or social. Many of us try to take naps the next day to make up for the lost hours of sleep, only to nap for a longer period of time then we lost originally. Generally, this kind of sleeping pattern causes us to lose more time. Having as close to a regular sleeping pattern as possible is crucial to your productivity level. People think more clearly and work more efficiently when they get enough sleep. 3 �The Opinion law.buffalo.edu/orgs/opinion To Kill or Not to Kill By Tae Kyung Sung tsung2@buffalo.edu March 2009 Hopefully my life would treat me kind enough so that I won‘t have to experience crime and punishment on a personal-level, and hopefully any contact I would have with criminal law will end, with the exciting class I have this semester with Professor Dubber. But then again we are law school students, meaning that we like to think, or look like we like to think, so either way, here goes some thoughts on capital punishment. Recently, two Supreme Court justices traded barbs over the fate of a Florida muderer, who waited for his execution date for 32 years. He was sentenced to death for kidnapping, torturing and killing of a woman in 1976. According to court reports, while Justice John Paul Stevens said it would be ―unacceptably cruel‖ to exercise execution now after his three decades as a capital inmate, Justice Clarence Thomas disagreed, saying that it was ―the crime and not the punishment imposed by the jury or the delay in execution that was ‗unacceptably cruel‘.‖ So which side are you on? Based on my shallow knowledge on criminal law, at the end of the day, we inject that lethal dose for the following reasons, first to chuck out the bad apple from the society for good, second, to show the world the consequences of conducting such a crime, and third, for pure retribution purposes, which in my interpretation is, an eye for an eye, a life for a life. In states where they have abandoned capital punishment, for vicious crimes, criminals will be sentenced to life imprisonment or several hundred years of imprisonment (although limited by state law restrictions), the difference being that no parole may be granted in the former. So consider this. The sentences for the worst serial killer in Colombian history, Luis Garavito, found guilty in 1999 of killing 138 boys between the ages of 6 and 16 (he in fact admitted killing of 140 boys) added up to 1,853 years and 9 days in prison. However, due to Colombian law restrictions, in which maximum penalty available is 30 years in prison, he was sentenced to 22 years, 8 years shorter for helping the authorities locate the bodies. Is it just me that has issues with equity here? While the Florida murderer, who was found guilty of killing one woman (and has been on death row for 32 years) is not spared lethal injection, a serial killer in Colombia, who admitted killing, raping and disfiguring the bodies of 140 children, gets 22 years of imprisonment with the possibility of early release. For me, neither serve justice. The law is never black and white, and while this may be the beauty of common law, the two cases make me wonder, if the extinction of life in criminal law today serves any discernible social or public purposes that cannot be met by other punishment, such as life imprisonment without parole. But this is not to say I am against capital punishment, or for it for that matter, as I don‘t think I am yet equipped with enough knowledge to even form an opinion. Perhaps the discussion based on punishment theories is an impracticable proposition, and it might be better to think in simple terms, by answering these questions. Is killing for a killing serve justice? Would a criminal not kill afraid to face capital punishment? Which do you think is ―unacceptably‖ crueler? Being executed right away after being sentenced a death penalty or living and waiting, for many years after, before being executed? Which is more humane, or does this matter at all? While there are countries like Singapore, who has been successful in its fight against drug, for sentencing death to anyone carrying drugs over a certain does in the nation, there are other countries, namely the European nations that have abandoned the practice. 92 countries are said to have abolished capital punishment, with 59 countries still actively exercising the death penalty, according to the February, 2009 data. So, I ask again, to kill or not to kill? Justified Death? One of the many casualties of the current economic crisis may not be all that tragic – at least not to those who oppose the death penalty. As was recently reported in CNN, some states are being forced to revisit capital punishment in the name of fiscal responsibility. An easy-to-find but perhaps counterintuitive fact is that states spend a lot more to execute the accused than to keep an individual in prison for life, given the expense of appeals. California, for instance, spends $1.1 million more on a death penalty trial than on one without the death The Buck Stops Here By Sara Korol penalty option. The UB Lawyers Guild observed a national ―Students Against the Death Penalty‖ week by tabling before spring break. For two days we gave out information meant to be provocative if you read it and baked goods meant to be tasty if you ate them. The brownies: Death by Chocolate. As the school‘s progressive law student organization it seemed obvious to us that we should organize some sort of event around the week - so obvious in fact that I don‘t recall the group ever bothering to discuss the issue before bringing it to the school to ponder. And as we compiled facts, data, history, and maps I realized that even amongst those who agree on the outcome there is still discord in theory. In practice, the death penalty does not deter violent crimes – or if it does no one has found a way to prove it. In practice, it is a more costly alternative to incarceration. And, to those who view the United States from international arena of developed nations, the instrument of the death penalty looks painfully archaic. Is this just evidence that we are indeed ―exceptional‖, as 2008 vice-presidential candidate Sarah Palin claimed? If U.S. exceptionalism means we can execute our prisoners, then China, Zimbabwe, North Korea, Belarus, and Cuba must be quite exceptional places too. But these are secondary reasons to be against this form of punishment. What if tomorrow a wily statistician is able to cook the numbers to show that it does deter crime? What if the state decides to limit appeals and suddenly executions become a more economic alternative to a life in prison? What if Europe comes down from its moral high ground and joins the club? Would the death penalty suddenly be O.K.? One poster for our display read ―How Does Killing People Show Killing People Is Wrong?‖ At the same time another poster highlighted cases of convicts who had been exonerated either posthumously or while awaiting execution. So is it wrong in principle? Or is it wrong because the system cannot guarantee that we are putting to death those who are truly guilty of the crime? If it is possible to fall somewhere in between these two mutually exCLICK HERE Death Penalty · Page 6 4 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Just Blaze: Why California’s Legalization Bill Is A Wonderful Idea By Paul Fusco-Gessick ptf2@buffalo.edu Last month, California Assemblyman Tom Ammiano (D-San Francisco) introduced a bill into the California legislature that would explicitly legalize and tax what Carl Linnaeus so eloquently called Cannabis sativa. If, by the grace of God, this bill actually passes, it will signal the end (well, the beginning of the end, anyway) of a decades-long, destructive, and fantastically expensive campaign in this nation's ―War on Drugs‖. Note that I didn't say it would end the whole thing. It won't, and to be honest, it shouldn't. There are indeed drugs that we should be waging war on. The cannabis plant, however, is not one of them. Here's why. First and foremost, it is physically impossible to die from a marijuana overdose. If you haven't heard this spiel from me before, I typically explain it by saying that you'd have to smoke a joint the size of a telephone pole for the THC in pot to kill you, and I‘m really not exaggerating. There's a term in pharmaceutical science called the ―therapeutic ratio‖, which is the ratio of an effective dose (for our purposes, where a reasonable person would feel the effects) to a toxic dose. If I've got the math right, the therapeutic ratio of coffee is about 13 [erowid.org], whereas that of heroin is about 3 [Ibid]. The therapeutic ratio of THC, by contrast, is over one million. Think about that. One would have to smoke, quite literally, a million joints at once in order to die from pot. Now, granted, smoking of any sort is not good for you. It will eventually give you lung cancer or emphysema, which, if they don't kill you, will certainly make your life rather unpleasant. But that brings me to my next point, which is that you don't necessarily have to smoke weed in order to experience the effects. My brother went to Amsterdam last year, and he tells me they sell something there called ―Rasta Pasta‖. From his description of it, it's linguine alfredo, with a certain secret ingredient in the sauce. You eat it. It tastes delicious. You finish the plate and are satiated. And then you're no longer satiated anymore. In fact, you have the munchies. And then you eat more of it. Explain to me why I shouldn't be allowed to cook that on a Sunday night. Would society be harmed by my enjoying a big bowl of pasta and watching The Simpsons in an altered state? Is there some terrible danger here that I‘ve somehow missed? Hell, if I could legally cook with pot, that'd be motivation for me to learn how to cook in general. If anything, it would make me a more productive member of society. (Yeah, picture that, Paul Fusco-Gessick, a productive member of society!) When used responsibly, marijuana is significantly less harmful than alcohol, which, if you'll recall, was also the subject of a spectacularly failed prohibition. And that's exactly what Assemblyman Ammiano's bill suggests, because it would essentially put marijuana on the same footing as alcohol. I've read the bill, and it is not going to turn California into a stoned-out wasteland. It is not going to push pot into the hands of California‘s precious snowflake children. It'll still be illegal to smoke in public. It'll still be illegal to sell it to underage kids. It'll still be illegal to sell it within a thousand feet of a school, day-care center, YMCA, or wherever kids congregate these days. It will still be illegal to drive stoned, just like it's illegal to drive drunk. In short, many of the ways in which marijuana can harm society will remain punishable by law, as well they should be. But what about people who overdo it, Paul? Isn't there a societal cost to that? There are people who overuse alcohol, you know. We call them ―alcoholics‖. As their friends and families, we suggest that they get treatment, and we support them in kicking their addiction. Yes, there will always be a subset of people who turn into stereotypical stoners, lounging on their couches and not contributing meaningfully to society in any way. However, I'll bet that most of those people are doing that already. Net cost to society? Zero, if not negative. See next point. The other thing that the ―Marijuana Control, Regulation, and Education Act of 2009‖ would do is levy a tax of $50 on each ounce of marijuana sold in the State of California. An analysis by the California Board of Equalization found that the state could collect as much as $1.3 billion a year from such a tax. That's ―billion‖, with a B, and that's not even the only significant economic benefit that would accrue to California if they decided to legalize. If marijuana becomes, by and large, legal, then police departments will no longer have to spend time and effort dealing with it, and as we all know, time is money. Also, with all that extra time on their hands, they might think about going after real criminals, like murderers or rapists, or, God help us, child pornographers. Thing is, though, police departments across the country make a whole lot of money off of the War on Drugs. They get oodles of Federal cash for drug enforcement. (It's how SWAT teams pay for their fancy toys.) Also, prosecuting nonviolent drug crimes makes money for the courts (in the form of fines) and for the prisons as well (in the form of increased funding to house all those nonviolent drug offenders). Not to mention all those DEA agents that the Federal Government employs to combat the devil weed. Also, if people can't use marijuana for its medical benefits (which are so significant that I could write another whole article about them), they are forced to turn to expensive prescription drugs manufactured by Pfizer, GlaxoSmithKline, &c. So those companies have a vested economic interest in keeping pot illegal as well. Simply put, there's still a very big Establishment that is profiting, quite handsomely actually, from the continued prohibition of marijuana. In fact, it's one of the few industries in America that's still profitable. In fact, it‘s practically recession-proof. It is very rich, very powerful, and despite what Obama might say about drug enforcement, it remains backed by the full force of the Federal Government. Simply put, the Establishment is not going anywhere without a fight. And that, in a nutshell, is why, my fervent hope to the contrary, we're still going to have to wait a while before we can enjoy Rasta Pasta without the fear that the cops will kick down the door. However, if you believe that a plant with documented medical, spiritual, and industrial use throughout most of human history should not be illegal, I urge you to write your elected representatives and let them know as much. Who knows, if enough people speak up, they just might be compelled to listen. 5 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Money· from Front Page and examine my mistakes so as not to make them again. Making money in the stock market without knowing what one is doing is probably one of the worst things that can happen to an investor. I should know because I was once that same naïve investor who thought he could rely on tips, hunches, intuition, and hope instead of diligently researching the stock I was purchasing. If you really want to learn how to be a better investor, according to some of the world‘s greatest investors, there are certain things about a company you should research and know before investing your hard earned money. All of the information you should know can be gleaned from reading a company‘s annual report (a 10-K), which can be located at www.sec.gov under the company filings link. What follows is not my own musings or wisdom regarding publicly traded companies, but a distillation of the time-tested wisdom of the world‘s greatest investors. 1. Know what the company you’re buying does. Do you really understand what that biotechnology company that you‘re speculating in does to help the consumer? What is its business model? If you don‘t know how a company makes its money, then you won‘t know whether it‘s vulnerable to competition. What‘s more, you won‘t know if it is doing its job effectively. It‘s much better to invest in a company like Apple or Domino‘s Pizza whose products you almost certainly have come in contact with and whose business model is more straightforward. Moreover, you know what your friends think of these companies and whether they buy the company‘s products consistently. College students and the 18 – 35 demographic are huge consumers and drive most trends, so if you can spot these trends early and notice what this demographic likes, you can make a bundle very quickly. 2. Is the company growing revenues and earnings? Revenues refers to the total amount of money collected by a company for all of the products that it sells. Earnings refers to the amount of money that is left over for the company after it has paid all of its expenses and income taxes. When both of these metrics – revenues and earnings – are growing, more than likely the company‘s stock price will follow suit. 3. Does the company have a lot of debt? Companies need debt to expand and grow operations. However, just like a person who spends more than he or she makes can‘t ultimately sustain his or her lifestyle, a company that takes on ever-increasing amounts of debt, in excess of revenues, is also bound to go bankrupt. The amount of debt that a company has can be found on its balance sheet and the amount of interest it pays on that debt, commonly referred to as interest expense, can be found on the income statement. Ideally, a company should have lots of assets like cash, real estate, and factory equipment and no debt. However, if the company has debt, make sure that the debt is being acquired for good reasons and that a company is making enough (has enough earnings and cash) to service the debt. 4. What is the company’s PEG ratio? A company‘s P/E ratio – a metric you‘ve probably heard of before – is a way to compare a company‘s stock price to the amount that it earns. For instance, if stock ABC costs $100 per share, and it earns $8 per share on a yearly basis, its P/E is 12.5 (100/8). Similarly, if stock DEF costs $10, but only earns $.25 a share, its P/E is 40 (10/.25). What all this means is that investors are willing to pay approximately four times more money per share for the earnings stream of stock DEF than for that of stock ABC. Usually this discrepancy in P/E occurs because company DEF‘s earnings are growing faster than company ABC‘s. So even though company ABC‘s stock costs more than DEF‘s, on a valuation basis, it is cheaper. The PEG ratio or P/E / Growth ratio compares a company‘s P/E to how fast it is growing. If a stock‘s PEG ratio is greater than 1, that usually means it is overvalued because investors are paying more for it than its earnings growth rate merits. Stocks whose PEG ratio is less than 1 are usually considered to be undervalued because the underlying earnings are growing faster than what investors are currently paying for it. There are definitely other things that successful investors look at when evaluating companies, but these are the building blocks. In addition to these though, and any other information you might gather in the future about investing, always realize that it‘s a neverending process – even for the masters!! Opinions and Commentary Death Penalty· from Page 4 clusive views, I‘ve managed it. The personal issue I have with the all encompassing – ―let‘s not kill anyone‖ (besides the bewildering fact that it is not held by more people of faith) is that there are some monsters who continue to wreak havoc on those around them – even from within prison. While executing someone will not undo the past, it will at the very least ensure that the person will not harm in the future. The serial killer and sexual deviant John Wayne Gacy comes to mind who managed to rape a reporter who was interviewing him while in prison. I admit the world would seem better off without those like him because the only thing which deserves to cut short the sanctity of one human life is the sanctity of another. Then again – as my internal reasoning meanders back to reasonableness – I acknowledge what a terrible argument it is to execute a person merely because the system has failed to restrain him. My issue, on the other hand, with relying on the (very real) chance of judicial error as the reason the death penalty should be abolished is that it sounds like if only we could be sure who is truly guilty, then putting a person to death is just fine. But guilty of what? Because of, or perhaps despite, being agnostic I am uncomfortable drawing an arbitrary line of distinction between crimes that get the death penalty and those that do not. Is not this righteousness the purview of some superior being who has a perfect understanding of morality? Humans are surely no experts. Currently the line runs smack between raping twenty five-year-olds (note the careful omission of the hyphen) without risk of capital punishment and shooting one police officer in cold blood. My contribution to the Guild‘s display was about as neutral as one can get: a state-by-state visual aid of how many were put to death last year and how many still await their fate. Easy to conceive of but more difficult to execute, so to speak. I busied myself with the tracing of Texas so as not to fry my brain trying to pinpoint my fundamental reasons for opposing it . ―The buck stops here‖ is a phrase popularized by President Truman who kept it as a sign on his Oval Office desk. This idiom and its derivative ―passing the buck‖ are used to describe where responsibility lies. The man who dropped two atomic bombs was unapologetic about how much responsibility, and thus power, he wielded. Today fiscal conservatives and social liberals get to be strange bedfellows as the bucks run out in state budgets: suddenly putting people to death makes little sense to anyone. However the economy won‘t be sour forever. Everyone should still take the opportunity to ask themselves where they stand on the issue of capital punishment should the buck get passed to them. 6 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Trial Team· from Front Page clients, will expect. Can you imagine arguing motions and using ―fillers‖ such as ―umm‖ during your pauses? Seems ridiculous, but most people, including myself, use them. With guidance and occasional glares from your coach, those fillers will likely disappear. 2. You will develop a better understanding of the rules of evidence. Evidence class is wonderful and my professor, the Hon. Kevin Dillon, was fantastic, but nothing can replace the experience of making objections and arguments based on evidentiary rules. As you can imagine, nothing is more embarrassing than being objected to and not having a response to the objection. Or, objecting, but not knowing why. ―Objection, that‘s devastating to my case,‖ is not going to cut it. 3. You get a free trip! Well, you probably will, unless you compete in the Buffalo-Niagara Invitational. This year, the UB Trial Teams competed in Sacramento, Atlanta, New York City (twice), Los Angeles, and Stanford University. 4. It is a great opportunity to get near-daily one-on-one guidance from an experienced practitioner. In my case, my coach was the Hon. Thomas Francyzk, an Erie County Court Judge and former Buffalo Prosecutor. In addition, several other well -respected attorneys take a lot of time out of their busy schedules to coach. Trial Team 5. In that same vein, it is a great opportunity to meet attorneys in the area; not just those that coach, but numerous others that volunteer to evaluate your performances. As one wise and very successful Buffalo practitioner recently told me, ―Law has two components: the practice of law and the business of law‖. Through trial team, you will get to practice both. 6. The frequency of practices helps you not only learn how to give an opening statement, direct examination, cross examination, and closing statement, but to look confident and comfortable while doing it. 7. Which leads to my next point: you will acquire an air of confidence and comfort with yourself, but also with how you interact with others. More importantly, when you are asked by a partner at a firm to resolve a favorite client‘s child‘s drug arrest, you will have some intensive trial advocacy experience under your belt. 8. You can get class credit! This sounds like a no-brainer, but ask participants of the several UB moot courts, such as myself, and we will tell you that we did not receive class credit. 9. You will get a taste of what you will experience if you choose to become a litigator. While the format is not exact, it is close. As mentioned, you will learn how to give an opening/closing statement and perform a direct/cross examination. In addition, you will have the opportunity to construct case theories and make arguments in front of experienced practitioners. 10. Finally, during these tough economic times, having trial team experience may help you stand out from the rest. Why? Because attorneys, especially those in Buffalo, know the commitment that is required to participate in trial team. More importantly, they know of the tremendous benefits its participants will obtain through this rigorous, but rewarding experience. With that in mind, I hope that you will consider trying out for the UB Trial Team. It may be intimidating at first, but with practice, hard work, and dedication, I am confident you can succeed. I close by pointing to my own experience. I joined and did not have any trial technique or team experience. Suffice to say I was intimidated at the prospect of competing in only a few months. But, with hard work, many, MANY questions, and help from the coaches and my teammates, I began to learn. By the end, I was eager to compete. I only wish I had another chance to compete. If you happen to join, I am sure you will have a similar outlook. Joining Clubs DRI· from Front Page fessional development. DRI‘s literature, seminars, and research touch on various areas of substantive law ranging from products liability and corporate compliance to aerospace law. Advocacy skills like trial tactics and alternative dispute resolution, of interest to law students, are also featured in DRI‘s scholarship and lectures. In addition, ―For The Defense,‖ can act as a supplement to casebook readings as articles are interesting, well written, and discuss topics relevant to foundation courses including, the discovery process, copyright infringement, government regulation, civil procedure, and legal ethics. A DRI chapter may also appeal to students concerned with the intersection of law and business as DRI seminars and articles often cover risk management, accounting, and corporate governance problems as well. While managing a new organization and generating interest in participation is a new experience for me I‘m confident a DRI chapter will prove helpful to many of my classmates pursuing careers in litigation and look forward to meeting them at future events. 7 �The Opinion law.buffalo.edu/orgs/opinion March 2009 A friend of mine wants to create a clothing line for Mixed Martial Arts‘ (MMA) enthusiasts, and instead of asking me, a law student, and a friend for fifteen years for information on how to start his business, he went to www.legalzoom.com for his legal needs. Last year, when I was a 1L and probably couldn‘t offer any sensible legal info anyway, my friend allowed legalzoom to register a trademark for him. He said it was easy: ―I filled out a questionnaire and they sent me an application packet in the mail a few days later. I filled out my name and my logo and sent it back to them for filing with the U.S. Trademark Office. They even caught an error where I misspelled something and sent it back for correction. They filed it for me, and it was a hell of a lot cheaper than going to an attorney. The only thing that was expensive was the Government‘s filing fee, which I would have had to pay anyway. I‘ll only go to legalzoom from now on.‖ Another satisfied customer. www.LEGALGLOOM.com By Dan Aiello Whether it‘s the economy or the ease of educating one‘s self through the internet, individuals (or what law students commonly refer to as ―lay people‖) are becoming more empowered to do their own legal problem solving. According to the ―Our Story‖ section of their website, legalzoom stated the following: ―We found that while many people have legal needs, most of them don't want to spend the time, or the money (over $266 per hour), to see an attorney.‖ Okay, $266 dollars an hour for the services that legalzoom provides, i.e., incorporations, wills, living trusts, name changes, and some others, is exaggerated: the median hourly rate for New York is $58 (www.payscale.com). But, regardless of how off-the-mark legalzoom‘s figure is, you can‘t ignore the truth that legalzoom is successful and they boast that they have one million satisfied customers. Further, there are several other online sources that take attorneys out of the mix, including www.nolo.com, which offers simplified legal books, access to software, like Quicken‘s Willmaker Plus 2009, legal forms that rival those offered by legalzoom, and a free online legal encyclopedia. Maybe it‘s the state of the economy that is driving individuals to other, cheaper sources for legal information rather than attorneys. Hopefully, legalzoom and others are the equivalent of coupon-cutting when times are tough, and then once the economy improves, back to good old lawyers. Probably not. Most likely it‘s something that attorneys will have to live with, and perhaps compete against. For example, a recent Cooley Law graduate is practicing law in South Carolina and he actually makes house calls, like what doctors did during the 1800‘s. He‘s the lawyer that comes to you. I don‘t think we need to go to this extreme, however, because legalzoom said people don‘t want to spend their time to see an attorney. Nonetheless, we should be aware that people are turning to nontraditional sources of legal information. All people need is computers and internet access to utilize online legal sources, or a Costco membership to purchase legal software. Here‘s why I don‘t think legalzoom and nolo.com pose a true threat to attorneys: First, nolo.com is analogous to www.WebMD.com, where individuals try to seek medical information without seeing a doctor. Long story short, I had to go see a dermatologist when I tried to treat a skin condition that I got from rolling around the grappling mat. Hopefully, after hearing this, Danielle will continue to date me. So, similarly, individuals using nolo.com will misdiagnose their legal needs and have to see an attorney anyway. Second, although a search in LexisNexis for cases involving legalzoom as a defendant produced nothing, I‘m certain that if legalzoom‘s forms are out there, they will eventually become tied up in litigation for forms involving scrivener‘s errors, i.e., misspellings, omissions, etc., which can really pose a problem in Article 9 transactions and copyright situations. So, in a sense, legalzoom will be making work for us, rather than taking it away. Thirdly, people are constitutionally granted the right to represent themselves, and if you‘ve ever seen someone represent themselves, it‘s a debacle. When I was in the Suffolk County Attorney‘s Office, I witnessed a pro se plaintiff in Federal Court on a section 1983 excessive force claim against the SCPD, bring up his State conviction of possessing a firearm, and opened the door for our attorney on cross. It was awesome. And just recently a rabbi in New York City represented himself against molestation charges brought by his own daughter. Guess who will be handling the appeal? An attorney. Thus, people will always attempt to control their legal needs, and more times than not, they will screw up. Any way you cut it, attorneys are better equipped to handle legal problems. As you already know, law school has changed the way we approach issues. A lay person wouldn‘t know what to do with IRAC. If you look at it this way, legalzoom and others are like bad legal interns: they file this, file that, and they don‘t even get their clients coffee. The United States (and Canada, for that matter) has always been a staunch advocate of rights. By Kristen Ng Whether it be human rights, animal rights, environmental rights, you name the right, and I can bet that the US has made the most progress in that area (excluding gay rights). I was doing some research on some international governmental organizations that the United States belongs to, and I came across some very interesting information. The one that will be discussed here is the Organization of American States (OAS). The US Doesn't Care About Violence Against Women The OAS is made up of the nations in the Western Hemisphere. There are 35 member states consisting of North, Central, and South America, and the Caribbean States. The only state that has been suspended is Cuba. Cuba lost most of its membership rights due to the fact that it is a Marxist-Leninist state. There are permanent observers that belong to the OAS, and these are made up of nations from other parts of the world; they observe the ongoings of OAS mostly for informational purposes. The structure is made up of the General Assembly, the Permanent Council, and the General Secretariat (much like the format of the United Nations). The OAS has several agencies, and the one discussed here is the Inter-American Commission on Women, which goes by its Spanish acronym, CIM (Comision Interamericana de Mujeres). CIM's goal is to advance women's rights and gender equality. It was created in 1928 in Havana, Cuba, and made up of 34 delegates. The mission of CIM is: "To promote and protect women's rights and to support the member states in their efforts to ensure full exercise of civil, political, economic, social, and cultural rights that will make possible equal participation by women and men in all aspects of society, so that women and men will share, fully and equally, both the benefits of development and responsibility for the future" (www.oas.org). The current executive board at CIM is made up of officials from Antigua and Barbuda, Colombia, Brazil, and other South and Central American states. This put the initial warning sign in my head: why is the United States nor Canada part of the executive board? To date, CIM has drafted several conventions concerning women's rights. The Convention of the nationality of Women was the first international treaty on women's rights in the history of the world, and the convention that I am concerned about here, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women (known as Belem do Para), is now the standard-setting instrument for nations around the globe in terms of gender-based violence. This instrument is the first in its kind in that it defines violence in both the public and the private spheres. It does a very thorough job of defining violence and detailing the obligations of the states to make sure that the violence does not happen, and if it does, that justice will be given. The United States and Canada are interestingly the ONLY two states that have neither signed nor ratified this convention. The United States and Canada are the two largest contributors, financially and physically, to OAS, and these are two Western states that have always been staunch advocates of women's rights. The United States, in 2008, has not contributed any monetary means to CIM, while in 2004, the US contributed $1.4 billion to OAS‘s terrorism committee. Canada, on the other hand, gave $400,000 to CIM in 2008. From these figures, it is clear that the US either does not care about women‘s rights, or it does not want to contribute financially to this agency of the OAS. My opinion is that the United States does not want to be bound to such a convention, which leads to the problem of the US not being such an advocate of women‘s rights after all. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eb92b2f13e2993fb073631db9aeac971.pdf 88e039a7620c95b92e0673021f5cadff PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 6 e Sch e of th u s s I l Fina The Student Newspaper of the University at Buffalo Law School ar ool Ye April 2009 Let’s taLk minorities! Why Rational Legal Analysis Is Not Activist: Iowa and Same-Sex Marriage By Danielle M. Restaino Mike Huckabee, former Governor of Arkansas and Republican presidential candidate, said the other day that he was disappointed in a decision made by the Iowa Supreme Court. What decision could a court in Iowa have made to warrant Mr. Huckabee’s disapproval? Well, one having to do with same-sex marriage, of course. The Iowa Supreme Court struck down as unconstitutional a ban on same-sex marriage. The statute defined civil marriage as between a man and woman thus preventing same-sex couples from partaking in the same legal benefits as heterosexual couples, by precluding them from achieving the legal status of married. The court employed a very thorough equal protection analysis that analyzed same-sex couples as members of a quasi-suspect class entitling review of their claim under an intermediate scrutiny. The governmental interests that were alleged to be furthered by the ban were all determined to not be substantially furthered by excluding gay and lesbian couples from marrying in a civil union. The court went on to address the underlying religious concerns that propel such legislation to ban gay marriage. The Iowa Supreme Court very plainly stated that the Iowa Constitution “does not permit any branch of government to resolve . . . religious debates and entrusts to courts the task of ensuring that government avoids them” Varnum v. Brien, No. 07 – 1499, slip op. at 65 (Iowa Apr. 3, 2009) (Emphasis theirs). It further reminded the state of Iowa that this statute was not attempting to define marriage for a religious institution but rather “declared marriage is a civil contract, and then attempted to regulate that contract” Id. The court made clear that it was not appropriate to resolve this question based on a religious argument and went as far to say that a religious opposition has no place in an equal protection analysis. It made that very plain in its own equal protection analysis, going through each step methodically in the sixty-nine page opinion. So why then such disappointment from the former Arkansas governor, and from many others, I’m sure? Isn’t this what courts are supposed to do, analyze an issue according to the law? In this case, the Iowa Supreme Court applied its state’s constitution. The supreme law in that state, yet people and groups that aren’t even from Iowa seem to have a problem with that application. From reading this opinion this court was not activist in any way. It merely applied an equal protection analysis in the most straight forward way I’ve ever seen. I might as well have been learning the analysis step by step again in Con. Law with Professor Kannar. So it may be safe to assume that the outrage and disappointment from certain groups and individuals does not come from any raGay Rights · Page 5 The Here and Now – It’s All We Have Overhauling New York’s Approach to Domestic Violence By Jonathan Pollard Writing about personal finance and helping people with their money issues is one of my passions. But this article, I figured that I should take a different route and write about something a little closer to my heart – “being present”. I know that sounds a little “heavy” and maybe even out of place for an Opinion article. However, I believe that “being present” is one of the most important skills one can learn. Like our healthcare system, New York’s approach to domestic violence treats, but does not prevent, abuse. However, unlike sick patients who are likely to report their illnesses, victims of domestic abuse are less likely to report their injuries. Although it is difficult to calculate the amount of cases that are unreported, commonsense dictates that threats, love for their abusers, and constant abuse, often discourages victims from reporting their injuries. This brief article will discuss why New York should overhaul its approach to domestic violence and apply the same standard for both children and adult victims. Specifically, physicians should be mandated to report any reasonable suspicions of domestic violence towards adults, just as physicians and several other professionals are currently mandated to do with children. Moreover, these reports should be investigated and if deemed criminal, prosecuted by the State, even if the victim is unwilling to cooperate. Before I explain what exactly “being present means”, let me tell you a little story. In 2006, I was teaching English in Korea. It was great to be in a new place and to be meeting new people. The only thing is that I was sorely disappointed, to say the least, with the direction in which my life was going. As a result, I started listening to a lot of “self-help” audio-books. Six months after arriving in Korea, I ended up coming back to America. NY Penal Law §§ 265.25 and 26 requires health care providers to report firearm wounds, knife wounds that may result in death and burns over 5 % of the body or which may result in death. Under these statutes, healthcare providers are not mandated to report choke marks, suspicious bruises, or even knife wounds that would not ordinarily lead to death. Why wait for such drastic injuries before taking action against an abuser? In contrast, healthcare providers are mandated under Section 413 of the New York State Social Services Law to report suspected child abuse or maltreatment when they are presented with reasonable cause to suspect child abuse or maltreatment in their professional roles. While one may argue children are in need of more protection and oversight than adults, I would argue that adult victims of domestic violence are also prone to fear, intimidation, embarrassment, and as a result, further abuse. Consequently, the same reasonable cause standard should be applied for both chil- During one of my first weeks back in the States, one of my good friends recommended a book to me called Eckhart Tolle’s “Findhorn Retreat”. I purchased the audio-book and it was essentially a lecture given by the worldrenowned spiritual teacher, Eckhart Tolle, about how to exist in the only thing that actually exists – the “now”. infra UB Softball Town Hall New Law School You see, I, like most of the world, am always trying to escape to the next moment. In his book, Tolle talked about everyone is always rushing to 2 get to the next moment in order to find salvation. “If only I had this,” then I 3 could be happy. “When I get that pro4 All We Need · Page 5 Domestic Violence · Page 5 1 �The Opinion law.buffalo.edu/orgs/opinion April 2009 UB Tortfeasors Bat, Throw, Drink Beer for Charity By Emily Catalano egc3@buffalo.edu More than 100 teams from over 45 law schools across the country gathered in Charlottesville, VA this past weekend for the 26 th Annual Virginia Law Softball Invitational. The UB Law Tortfeasors proudly represented our program, returning with memories, battle wounds and hopes for a possible Buffalo invitational in the future. The North Grounds Softball League and Virginia Law School, along with numerous sponsoring organizations, welcomed law school softball teams from UB to Harvard, NYU, and all the way from Florida Coastal for some friendly competition. “The tournament was one of the best law school experiences so far,” said left-center fielder Missy Overbeck. “We got to meet people from law schools all over the country, and we were able to bond as a team also.” UVA welcomed these diverse teams to their home turf for three days of competition, in exchange for a $450 entry fee, all in the name of charity. This year, the participating law schools raised over $20,000 for local charities, exceeding last year’s earnings by thousands. For the past 10 years, the event has generated funds for Children, Youth & Family Services, a Charlottesville organization that has served the community for nearly a century and works to help children have brighter futures. Over the past year, CYFS reached nearly 3,000 children in low-income and at-risk families, working to meet their immediate needs and improve the surrounding community. UB contributed two teams to the competition this year, a 1L and a 3L team. The UB Tortfeasors are comprised of 1Ls: Missy Overbeck, Tim Hannigan, Jen Early, Aalok Karambelkar, Anant Kishore, Nicole Middleton, John Montesanti, Tom Digati , Ben Barry, Laura Flynn, Kat Burkhardt and Mike Hilburger. The team, while co-ed, competed in the men’s division against teams from UVA, Georgetown, Brooklyn, and Suffolk law schools. “As a co-ed team in the all men’s division, I thought that our team responded admirably well and gave some of the best teams at the tournament a run for their money,” said left fielder Tim Hannigan. He added that the competitive highlight of the weekend was the team’s 15-6 upset over Vermont Law. The tournament itself featured round-robin four-team pods on Friday and Saturday, followed by a single elimination bracket, culminating in the championship games on Sunday. This set-up guaranteed each team at least three games and maximized the time each team spent on the field. The UVA men’s division has taken the winning title the past five years, while the Florida Coastal co-ed division has taken top honors the past two years. Even though the Tortfeasors didn’t come home with a trophy, they certainly made an impression on opposing teams, who by the end of the weekend had no doubts what the letters U and B stood for, according to pitcher Anant Kishore. "When we weren't wowing our opponents with our athletic prowess, we were charming the pants off of them with our striking good looks and electric personalities,” joked Aalok Karambelkar, second baseman. The beautiful weather, parties and team bonding, he added, were a highlight of the weekend as well. Social events for law students to mingle and celebrate comprised the rest of the tournament. A registration party kicked off the weekend on Friday night with live music by The Learned Band. Saturday afternoon consisted of softball games taking place at fields all over UVA’s picturesque campus. A barbeque was also held Saturday evening, and three local bars hosted a 28 keg party for the teams at night. On Sunday morning and afternoon, the teams who advanced played for a chance to make it into the championship. The weekend was such a memorable experience, team members have tossed considered hosting a tournament of their own. “A tournament such as this can be a positive force in so many ways,” said Kishore, noting the charitable aspect of the event. “Since the UVA tournament occurs only once a year in the spring, we have tossed around the idea of having a similar, but much smaller, regional tournament in the fall. It would get UB Law's name out in the legal community and expose many more people to the great things Buffalo and Western New York has to offer.” Until then, the Tortfeasors are planning their return to the tournament next year as seasoned veterans with their eyes on the prize. Hannigan added, “With another year of practice under our belts, I’m confident that our team can return next year in the Co-Rec division and bring the championship trophy home to Buffalo.” For more information about the Annual Virginia Law Softball Invitational, go to: http://www.ngsl.com/ 2 �The Opinion The Opinion April 2009 law.buffalo.edu/orgs/opinion Town Hall Meetings are Somewhat Successful Volume XLVI, Issue # 6 By Elizabeth Hersh elizabethersh@gmail.com Co-Editors in Chief: Dan Aiello, 2010 Kristen Ng, 2011 Contributing Editors: Eduardo V. González y Torres, 2009 Anthony Leone , 2009 Danielle Restaino, 2009 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 Paul Fusco-Gessick, 2011 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion at BuffaloOpinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. April 2009 On Wednesday, April 1, the UB Law School held its second town hall meeting. For those who did not attend either of the town hall meetings, they offered an opportunity for students to ask a panel of the administration and faculty any question about the law school. Ten people from UB’s administration and faculty took the time to sit on the panel to answer questions including Dean Makau Mutua, Vice Dean of Academic Affairs James Gardner, Registrar and Director of Records and Registration BobbyJo LaDelfa, Vice Dean of Admissions and Financial Aid Lillie Wiley-Upshaw, Director of the Law Library Beth Adelman, and several other distinguished members of the administration and faculty. I believe that most students are extremely appreciative of those who took the time to sit on the panel, and those students who chose to attend the meeting should be commended. These meetings have been a fantastic opportunity for student voices to be heard, and to understand what the administration is doing to address our concerns. They have been a significant step toward improving the relationship between students and administration. This being said, student attendance should have been better. Understandably, some people have scheduling conflicts, and maybe some people are just completely satisfied with the law school as it is. But when about 35 students from a student body of around 600 choose to attend a meeting designed to address student concerns specifically, that is embarrassing. As Dean Mutua said in his opening remarks, this law school belongs to us (the students) and we are the reason the administration is there. Another issue was the demeanor of some attending. The majority of students presented their questions firmly, yet politely and there should be no reason why all students could not have maintained this professional kind of composure. Town Hall meetings are not high school civics debates, and “yelling” a question at the panel is rude and disrespectful. Just as the panel answered everyone’s questions in a calm collected way, certain students should have at least shown the same amount of self control. Attendance and demeanor issues aside, a couple concerns have come up at both meetings which seem to be of particular importance to a majority of students and I would like to address them: At both meetings, law students voiced concerns about the number of undergraduate students in the library, the lack of available computers/printers in the library, and the noise level of the library. As the administration has patiently explained at both meetings, a portion of tuition money from all UB students goes towards maintaining all the libraries. This means that the undergraduate students are paying for our library so they have a right to be there, and we are also free to use the other libraries. We can all agree that undergraduate students do have a habit of taking up computers on the second floor for frivolous activities such as facebooking, and this can be extremely frustrating. However, when they use library computers for these kinds of activities, we should have no problem asking them to move, and they usually do. Furthermore, the Koren Center on the 5th floor has a lot of computers which we can readily access. Some students complained that the 5th floor is too inconvenient of a place to go to print a document, especially when they are in a hurry. A few ideas were discussed about moving more computers to the second floor, or possibly moving computers and creating a printing stations on the third and fourth floor. Nevertheless, students should show some flexibility. There is an elevator to take you to the 5th floor, and if it is too slow, there are stairs. While circumstances arise, if you are in a hurry to print something, you probably should have planned ahead. Centralized printing keeps the other floors quieter and students can be sure that there will be an open computer in one specific area. As for the issue of noise, if someone is being so noisy that you cannot study, ask them to stop talking, or move. It is not the administration’s fault that some people are inherently chatty, or the person at the table with you decided to eat carrots, or corn nuts instead of pudding. The library is huge and there are plenty of quiet places to study. Furthermore, the aforementioned concerns do not dissuade too many people who would normally study in the library, from studying in the library all together. Everyone has different study preferences and most people who never study in the library, will probably continue to study elsewhere, and for the rest of us library hobbits, the library is the only place where we can accomplish anything, regardless of any drawbacks. We cannot forget that this is a public university where conditions will not always be ideal. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used herein. The second issue I would like to address is what the administration is doing to improve our school rankings. No one likes the fact that the US News and World Report for Law School rankings is weighed so heavily, but unfortunately, it is. Dean Mutua has stated that it is a goal of his to move our school up in the rankings, all the way up to the top 50 if possible, and I sincerely hope he can. These things do take time of course, but I was happy to hear at the past meeting that the potential students, for which the administration has offered admission, have a higher LSAT score and GPA than the class before. One student expressed his concern that in raising the standards for LSAT and GPA, the school may be excluding students who are extremely intelligent, and would offer a greater level of diversity to the student body, but did not score terribly well on the LSAT. The panel stated that the admissions committee will continue to maintain a “robust” admissions system where all components of a perspective student’s application will be taken into consideration and not only the standardized portions. This student’s concern, while understandable, could be applied to any student at any school, save maybe the top 10. Many of us would like to think that our academic skills are of the same caliber as those at Harvard Law (which may or may not be true) and they should have accepted me because even though my LSAT score was not the greatest, my grades were just as good, and my extracurricular activities were fantastic, as was my admissions essay. If UB Law is maintaining a diverse admissions procedure as it claims, then it is not the school’s responsibility to cater to students whose LSAT scores were just not high enough, or grades were not good enough. There are plenty of applicants with diverse backgrounds, and good standardized scores. And if a student’s school of choice is UB Law and they cannot gain initial acceptance, there is enough diversity in US law schools to successfully attain admission elsewhere, and if they do well after the first year, transfer to UB Law. The administration also made an excellent point stating that it is not their job alone to spread the good word about UB Law. Most of us probably know someone who is applying to law school, or thinking about applying in the future and it is our duty as students to encourage people to apply to UB Law. As successful students, we are the best advertisement for the school, and the positive buzz we create about the school will help increase the number of applicants and maintain the high level of quality and diversity among the student body that we enjoy. Finally, the issue came up again about the lack of communication between the administration and the students regarding deadlines, registrations, events, etc… The best way to solve this problem may be to have an on-line centralized message board with all Law School happenings. In addition, there are certain administrators who send numerous daily e-mails advising of upcoming events. Perhaps, they should consider waiting until the end of the day to send all their bulletins in one large e-mail. Still, we should keep in mind that it is mainly the students’ responsibility to “process” the communication stream. Information is sent to us via e-mail, and we delete the messages without opening them. We hardly ever check our mail boxes, we do not bother to go to the pertinent offices to see what is posted, and we do not attend Town Hall Meetings! The idea of creating a booklet explaining exactly to whom and to where students should direct their concerns is a good idea. Still, there is a fine line between helping and hand holding and the administration should not have to cross that line. 3 �The Opinion law.buffalo.edu/orgs/opinion April 2009 Stony Brook University (SUNY) School of Law By Dan Aiello What if I told you that you had an option: Instead of going to law school here (and I think it’s snowing as I type this), at UB, you could have gone to law school−for the same price−in a new state-of-the art facility, i.e., smart classrooms, in a location that is directly across the street from a federal courthouse and a state courthouse, and is only miles from NYC? The school I just described is Touro Law, a private law school in Central Islip, New York. Now, you might say it’s a tier 4 law school and it’s very expensive. Further, you might say that you read the National Jurist Magazine and Touro has the highest attrition rate in the country. And to you, I respond, that Stony Brook University, one of the leading medical research schools in the nation and an outstanding member of the SUNY system, and ranked 8th by the Wall Street Journal amongst best grad. schools, might purchase Touro Law: making it the second law school in the SUNY system. Back in February, Newsday, a downstate rag, said that there were confirmed talks between Stony Brook and Touro’s Dean regarding a possible acquisition. This purchase, although behind closed doors, is a real possibility, because of the circumstantial evidence: New York State Senator Kenneth LaValle, a Touro Law alum, has been an outspoken proponent of the sale, which leads me to believe that other alums, some of prominence, i.e., my former boss, Suffolk County Attorney Christine Malafi, my downstate Senator John Flanagan, and my role model, Assistant Suffolk County Attorney Richard Dunne, might be onboard as well. Further, Hofstra, one of Stony Brook’s competitors, although private, is considering whether to build a medical school. In fact, my friend Chuck, a Hofstra Law student, told me that ground has already been broken. So, Stony Brook might consider buying Touro Law in hopes to level the playing field between their regional competitor, Hoftsra, which already has a tier 1 law school, and where the last presidential debate was held (this gave Hofstra a national advertisement). Also, if Touro’s attrition rate is so high, than where is the money coming from to pay off the expense of the new, multi-million dollar building? If Stony Brook buys Touro, and assumes their debt, then Touro can wash their hands of the new building and continue developing real estate in other locations, like their new project: a school in New York City. If this sale actually happened, there’s no doubt in my mind that potential law students would apply to, let’s call it “Stony Brook Law,” rather than UB for many of the reasons aforementioned. Stony Brook, for the price of $70 million, which is taxpayer money, would assume a new building furnished with the newest technology; a new law library with new and updated casebooks, statutes, codes, etc.; a building adjacent to the second largest federal courthouse in the country, which is also new, the Alfonse D’Amato United States Courthouse, and the John Cohalan, Jr., State Courthouse; and not to ment ion, new parking lots and new law student housing. Couple that with the prestige of Stony Brook in the medical and science fields (Stony Brook surpasses Yale in some programs), whether to go to UB Law or “Stony Brook Law” would be the easiest decision of my life, because Touro’s tier 4 status would be wiped clean the minute that Stony Brook put their logo on the building, and I could save further expense by living at home, in Kings Park. UB Law students are at the mercy of a mismanaged State Government (for more on that topic, read my Fall 2008 article, NYS Government puts our Legal Ed. at Risk), which has neglected to give UB their fare share of operating expenses. I feel, strongly, that if NYS cannot properly fund their only law school, why in the world would they consider creating another State law school? Let’s start with the pros: It would cost millions of dollars to bring UB Law up to the level of “Stony Brook Law” structurally, geographically, etc., so if the State can purchase a total package, i.e., a school that is already built, operational, and somewhat recognized, then why not? Also, western NY is one market, while downstate is another, so the State might reason, and therefore students will serve both markets. I feel uneasy about this reasoning, and not because it’s my own, but because the public sector keeps on getting bigger. When our State government is so fiscally irresponsible in terms of its debt and its poor business climate, it shouldn’t assume another school under its SUNY umbrella, when the SUNY system is so large and so ill-funded. New York State, instead of opening another law school, should properly fund the one they have. But, if Stony Brook University does acquire Touro, then Touro’s private administration will become public, and their income and generous state employee benefits will be borne by the taxpayer; not to mention they become protected from accountability by the teachers’ unions. Further, public universities do not compete with other public universities, because they work for the same bureaucracy, and each university raises revenue through tuition for the state. A public university’s purpose is to offer affordable education to its residents in hopes that they will remain in the state, to work in the state, and especially pay taxes in the state. It’s the private sector, i.e., the private universities, which generate the most revenue for the state through taxes. Therefore, if you take Touro Law, a private law school, and make it part of the SUNY system, then, although it makes some money for the state through tuition, it will not make as much as if it were to remain private. Further, funding for UB Law will be divested to “Stony Brook Law.” When there aren’t enough chairs in O’Brian room 104 for secured transactions; when UB no longer has the funds to purchase updated legal encyclopedias, slip opinions, etc., in our law library; when the lighting in corporations makes it impossible to stay awake, it’s not a good time for New York State to assume another law school in the SUNY system when their only law school is neglected. 4 �The Opinion law.buffalo.edu/orgs/opinion April 2009 Gay Rights· from Front Page tional place. It comes from people who either have their own private bias against same-sex marriage because of their own religious beliefs, or it comes from people who want to exploit that bias in others to capitalize on what they see as a political opportunity. This is exactly what the Iowa Supreme Court was trying to combat in its last section addressing the religious motivations behind such legislation. Yet it seems people cannot, or do not want to differentiate between the legal issues that can actually be litigated for the protection of all citizens’ civil rights, and private, personal, religious beliefs and positions that government has nothing to do with. And so the pot will be stirred as this issue rages in Iowa as we head towards 2012, when Iowa citizens can vote as to whether they want a ban on gay marriage. In the meantime a responsible court, which did its job in applying the law to protect the civil rights of its citizens, will be characterized as activist and left wing. The ironic part is if the Iowa Court would have found a way to uphold the statutory ban on same-sex marriage, that would have been activist, that would have caused it to manipulate its analysis of that law according to beliefs and values that have no place in legal analysis. So while Mike Huckabee revs up his base for another run at the White House and expresses his disappointment in judges actually doing their job, I applaud the Iowa Supreme Court for making their analysis plain, logical and transparent and making a reasonable conclusion according to Iowa’s constitution. Opinions and Commentary All We Need · from Front Page motion,” “when I get married,” “when I get into that school,” then I’ll be happy. But the truth of the matter is that none of us has ever encountered the “future” as anything other than a thought form. All that exists is the here and now. And by not living in the here and now, in all truthfulness, we are not living. Moreover, each of us has a voice in our head that doesn’t stop going if left untamed. Think about it – is there ever a time throughout the day when your mind is ever completely devoid of thoughts? When people walk down the street and mumble to themselves audibly, we consider them insane. But just because the voice is inside our heads, we consider it normal. One of the ways that I attempt to get rid of this voice in my head and to “be present” is by meditating every morning when I wake up and every night before I go to bed. Initially, it will be really difficult to let your mind be devoid of thoughts and it’s okay if your mind wanders while attempting to meditate. It’s only natural. Just remember to bring your attention back to your breath and you might want to even try counting your breaths. That always helps me to remain present. Another way of “being present” is forcing yourself to notice your surroundings, your emotions, and your immediate experience. If you’re eating an apple, focus on how the apple feels in your mouth. If you’re getting frustrated at the web page you’re trying to access not loading quickly enough, notice your anger. Be aware of it. You might be asking yourself what good “being present” will do you? The answer is different for everyone, but for me, “being present” has led me to stop being so anxious about life. It’s allowed me to realize that not only will everything be okay in the future, but it already is okay. Right now. In spite of whatever problems I might be facing at the moment. As always, I’m available and willing to talk if anyone is interested in learning how to meditate or sharing ideas about how to escape the future-oriented mindset that has trapped our society. Opinions and Commentary Domestic Violence · from Front Page dren and adult victims of domestic violence. I am not naïve to the danger that can result from mandating healthcare providers to report suspected domestic abuse on the less stringent “reasonable cause” standard, mainly that victims may not cooperate with investigations for fear of angering their abusers. For this reason, I would also advocate prosecuting domestic violence without victim participation. This does not mean forcing a victim to testify against their abuser. Instead, it would only allow the State to prosecute the alleged batterer through the victim’s prior statements, reports from physicians, and any other admissible evidence. This approach has already been used in New York City: People v. Santiago, No. 2725-02, 2003 WL 21507176 (N.Y. Sup. Ct. 2003). In that case, the Manhattan District Attorney prosecuted a man who attacked, beat, and burned his wife, even though the batterer’s wife refused to cooperate or testify against her abuser. The wife’s reasons for not cooperating were numerous, but not uncommon: love, fear of her abuser, embarrassment, and fear of future financial difficulties. While we should have compassion for victims, we, as a society, must also realize that batterers often abuse more than one victim. Consequently, domestic violence is a crime against the victim and society. For that reason, if a victim is unwilling to cooperate, the State has a moral duty to prosecute the batterer without victim participation. New York should take an approach that prevents abuse, or at least, prevents further abuse. Instead of only mandating reports of burnings, gunshot wounds, and knife wounds that may lead to death, physicians and other healthcare providers should be mandated to report other suspected criminal injuries including choke marks, bruises, and/or knife wounds that are not necessarily fatal. Domestic violence, no matter the age, is serious and worthy of our attention. Oftentimes, batterers abuse more than one victim. As such, domestic violence is a crime against the victim and society. With that in mind, New York should apply a standard that demonstrates its commitment to eradicating domestic violence. By applying a standard that mandates healthcare providers to report any suspected domestic abuse when healthcare providers are presented with reasonable cause, victims, their families, and society will have one more safety net against domestic violence. Have a good summer Good luck with exams and the bar 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5ff814a563e4b1e6ad93f25abe430159.pdf d39ea940a8167789611afa089b082ca1 PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 47, Issue 2 The Student Newspaper of the University at Buffalo Law School Bar Day Reflections: Law School Love November 2009 The Surprisingly Strong Case for Common Sense By: PAUL FUSCO-GESSICK UB LAW 2011 By KATHLEEN KOTASKA Guest Contributor It‘s 9:00 a.m. on Tuesday, July 28, 2009. The bar exam has begun, but I sit typing in my hotel room, as anxious as I was the first day of law school. I am not taking the bar, nor did I attend law school; I simply date someone who recently graduated and is in the midst of the biggest exam of his life. It‘s hard to explain the role of the girlfriend in the scenario above, but I have lived it for the past three years. Now, on the first day of the bar, I feel a wide variety of emotions as we‘ve reached the day we‘ve known about for quite some time. I use the term ―we‖ because I‘ve accompanied him, supported him, and lived amongst him in the journey otherwise known as law school. I survived Torts. I conquered Civ Pro. I graduated in May, not with my J.D., but rather my G.D.-‖Girlfriend Degree.‖ My official girlfriend degree was issued as I watched the love of my life walk across the dais to accept his diploma. Someone once told me that in order to obtain heavenly status in your relationship, you have to go through hell. I‘ll supplement the latter with law school and call it a day! Three years ago my boyfriend embarked upon his dream of a law degree. Three years ago we embarked upon our greatest test as a couple. I can summarize the experience of dating a law student throughout law school with 2 questions and 1 answer. First year, question 1: is this worth it? In my boyfriend‘s first year of law school we dated long distance. I remember the first day of school, my phone rang and his voice rattled with excitement. Flashforward six hours later and the phone rang again; however, this time there was slight tension as he reviewed his homework. Looking back, this phone call was a mere allusion of what was to come and what we were to overcome. The first year was a rollercoaster. I felt ignored, he felt overwhelmed, and there were plenty of arguments and misLaw School Love · Page 4 infra Penny for Your Thoughts 2 Opinions 3 Guest Contributors 4 The World 6 Who, What, Where 8 My name's Paul, and I'm a cynic. Can you blame me? One need only skim through the headlines to see that in the past few years, we've become embroiled in a number of unprecedented problems on many levels: federal, state, local, you name it. There's the bailout, two concurrent wars, the healthcare fiasco, a banana-republic coup in the State Senate, undergrads in the library, global warming, infotainment, Leonard Stokes, and UB's parking situation ... and those are just off the top of my head. My Gods, how did we let ourselves get here? Moreover, how can we possibly solve all those problems, not to mention the ones I didn't list? I'll tell you, friends, I think the answer's surprisingly simple. It's nothing more than common sense. Common sense isn't exactly an abundant commodity in our Business, though. Honestly, it's not that abundant elsewhere either. We're inclined to think that because a solution or strategy is simple, it's too good to be true, or it doesn't account for unintended consequences. I'll admit that that might be true in some cases, but that's not a reason to dismiss common-sense solutions outright. Take parking, for example. Common sense would suggest that maybe Buffalo should sell parking passes, like every other university I've ever heard of, rather than giving them away. Not only would this generate significant income (always a plus in this economy), it would also encourage people to use public transportation, something the University itself has said it supports. But we can't do that Law School Musical: Estopped By JARED VEGA UB LAW 2011 … that would make sense! It's a much better idea to Common sense would give them the keys to the suggest that if a sitting Treasury so that they can State Senator assaults his reward the very people girlfriend with a broken who ran their business wine glass, denies it deinto the ground. spite a 911 call implicatCommon sense would ing him, and then particisuggest that, even in a pates in a shady, unethical capitalist system, there are back-room deal to hand some things that are still control of the Senate to better left under the austhe opposition, thus compices of government. pletely stalling the chamLike national defense. ber for the better part of a Like the police and fire month, then he should be departments. And yes, immediately and uncerelike health care. Did you moniously thrown out of know that many American office. doctors spend a great deal But we can't do that of time filling out, filing, … that would make sense! and then justifying why Let's make him the Major- they filled out paperwork, ity Leader instead! and that excess adminisCommon sense would trative expenses account suggest that if a publiclyfor almost a quarter of traded company's business health care costs in this model is fundamentally country, as much as $150 flawed, and as a result, the billion a year, an amount company makes some illthat could easily fund advised investments and Medicare for everyone? is in danger of going Common sense would bankrupt, then that comsuggest that we adopt pany should do so. I'm such a system, just like sorry, but these things every other developed happen sometimes. That's country in the world. capitalism. But we can't do that But we can't do that … that would make sense! Common Sense · Page 5 Yes, Virginia, there is a Santa Claus, according to the NYS Supreme Court By BRITTANY MAZUR UB LAW 2010 We all come to law school for different reasons- some of us have known their whole lives that they wanted to be lawyers, while others realized they weren‘t getting into medical school and took the LSAT last minute and somehow got into law school. I happen to be of the latter. My point here is that law students are as diverse as they come, and when a diverse group of people come together, a funny thing happens- they get placed into a U, a B, or an L section and go through what many researchers call ―the law school experience.‖ As a second-year law student with some hindsight I can now look back at what I am sure the first year students think is the worst time of their life and find humor in that experience, and that‘s where the idea for the law school musical was born. Law school is a stressful experience where you need to try out for many of the ―prestigious‖ clubs, where you will try out for your dream job, and where you will try out in front of the Bar Exam Board Examiners to see if you can ―make it‖ as a lawyer. So I thought, ―Let‘s start the try-outs in an open, ‗light hearted‘ atmosphere, de-stress and have some fun with this experience that many people have referred to as ‗the hangover from an enjoyable drunken evening (AKA Undergrad).‘‖ The law school musical, which was graciously acLaw School Musical · Page 8 1 Note: Spoilers ahead… fessor and still live to see their next class, as James Hart did in The Paper Chase? Maybe, but you can bet there would still be consequences. Nevertheless, these films and shows, without question, create entertaining stories. Isn‘t that the whole point anyway? Entertainment? Of course, but when the story really connects with you on some level, the entertainment value almost becomes second nature. In other words, you‘re no longer watching a movie or TV show for entertainment, but rather for its meaning and its message. Maybe that‘s why many of us can‘t help but complain that something would not happen in real-life. Maybe that‘s why we get frustrated when we see a lousy argument on an episode of Law and Order, or watch a film where the procedure is How many times have we all watched a movie or television show and uttered the phrase, ―Yeah, like that would EVER happen in reallife?‖ If you‘re me, then the answer is, ―Probably one too many.‖ Although movies and TV shows are a great source of inspiration, escape, and entertainment value, there are some shows that simply leave us pondering how the story would play out if it happened in ―real-life.‖ And, it is especially common for law students and lawyers to watch a legal drama (or comedy) and wonder if the case would have the same result in today‘s courtroom. Could a lawyer really get away with wearing an all pink suit to court, as Elle Woods did in Legally Blonde? No way. Would a law student be able to swear at their law pro- Law and the Media · Page 5 �The Opinion law.buffalo.edu/orgs/opinion November 2009 Penny For Your Thoughts DETAINED, part 2 I Love You, Laptop! By HASSAN SHIBLY UB Law 2011 When we entered the secondary inspection room I was completely shocked. Having immigrated to America from a country that does not respect the same rights and freedoms which makes the US a beacon of hope, I could not imagine such a scene could happen here. As an undergrad, I was clearly naïve at the time. I looked around the room and I saw forty people, each and every one of them American Muslim Citizens. There was only enough seating for a few of the eldest. There was a pregnant woman, elderly couples, and mothers with crying babies, all looking tired, cold, and confused. To my surprise, I saw some of my close friends who had left Toronto hours before me standing there. It looked like CBP was the local mosque. To be honest it was a scary feeling—finding yourself trapped in a room by government officials, seeing people you know who had clearly been there for hours, without being given a reason, and not knowing how long you would remain there, with other people who were also trapped because we were all part of the same minority. I felt like I was back home in the ‗third world‘ where nondemocratic governments routinely round up members of a minority like cattle with no explanation. Honestly, the thought crossed my mind, ―next stop, Gitmo?‖ I approached one of the officers and inquired why we were stopped for ‗random inspection‘ when all I saw in the room were forty American Muslim Citizens. They would not give me any explanation, By BIANCA D’ANGELO UB Law 2010 insisting that it was just ‗random.‘ I asked them to at least treat us with dignity and not lie to our face— there was nothing random about the situation. I then tried to find out long we would be held there. I explained to an officer that I saw some of my friends who I knew had been there for hours, and he replied, ―Well, maybe we will keep you here for twice as long.‖ When we had approached the border I expected to be welcomed back home; instead, I was treated like a guilty criminal—the situation was extremely shocking. I requested that we should at least be given adequate seating, telephone access, permission to photograph the situation, or at least an explanation of why we were there and how long we would be there, all of which were denied. Finally, after several hours of apprehension, and learning that my friends were being interrogated by special Immigration and Customs Enforcement officials in a separate room, two agents came to me. They took me to a separate room away from my mother and crying baby sister, whose hands were hurting from the cold. In the room, they made me face the wall, and forcefully kicked my legs open. It reminded me of an episode of ―Cops.‖ After frisking me, they asked me questions about the conference and took me to another area, where without explanation; they forcefully fingerprinted my hands and took my picture. Then, again I was taken to the main waiting room not knowing what was go- Detained · Page 7 The Registration Fiasco of Spring 2009 By ELIZABETH HERSH UB LAW 2011 Class registration for the upcoming spring semester was one of my most stressful mornings in law school. Waking up at 6:15 in the morning on a Friday was bad enough, but the difficulties that followed were much worse. As you are all aware, normal registration begins online at 7:00 am, but it used to be a little known secret that you could call BIRD and register by phone around 6:30 am. However, this year the law school shared this information with everyone. As a result, many law students, myself included, had a terrible time trying to register for classes on BIRD at an earlier time. I started calling BIRD around 6:28 in the morning to be confronted by numerous busy signals. Eventually, my calls were answered by a recording of a lady informing me that all circuits are busy. And just to mix it up, my service carrier Verizon decided to participate in registration as well telling me that my calls could not be completed as dialed. Once I did finally get through to BIRD, I would go through all the prompts, but every time I dialed ―1‖ to register for Spring 2010, the recording told me there was an error, and I would get disconnected. By 6:50 am, I was annoyed, and still classless. After running through all possible reasons why my housemates were able to register through BIRD and I could not, including the idea that maybe BIRD discriminates against California area codes, I enlisted help. Two of my wonderful classmates started calling BIRD on my be Registration Fiasco · Page 7 2 When I went to put together a schedule for Spring 2010, I did what most students do; I asked my friends about which courses might be worth a go on this my final semester at UB Law (knock-on-wood). Most of the responses I received were typical, but one was overwhelming: avoid classes where laptops are banned. I‘ll admit my own personal bias here: I love my laptop. I know that I benefit from typing notes and being able to look up a word/theory/case when a professor flies over my head. But I am also guilty of browsing the internet during a lull in class, and using it to check my e-mail ad nauseam. On the flipside, I can understand why a professor would not want laptops in classroom; they are distracting and they might make a professor feel like he/she is competing with an unbeatable rival. And let me be clear: they are unless they are able to engage students, which is not a one-way effort. But the fact that students will avoid taking classes where laptops are banned is interesting. I think we all can sympathize here: sometimes a class can be so inert that we need a laptop to stay awake, or alternately, a class can be so intense that we need it to organize our thoughts as quickly as possible. I wonder, can a professor tell which category his/her class falls into while we type away? Call me old-fashioned, but I still think that you get what you put into a class, and that goes for professors, too. A professor has the responsibility to engage us, to put in the work to teach us, and to make a class worthwhile. We pay for those services. But, as students, we have the responsibility to meet our professors halfway at the very least. In a nutshell, professors who are able to engage students do not need to worry about students abusing laptop privileges. And, if only to put professors‘ minds at ease, when it comes to our educations, most of us rethink the time we spend on the internet during class. Why? We want to learn! Many of us have a mortgage out on our brains, so we feel obligated to not only learn, but also learn enough to justify this experience called law school. Anyways, I decided to take a class where laptops are banned. Why? The professor has a great reputation, as does the class. I can handle leaving my laptop at home for a few hours a week, and I can respect that the professor has asked for the ban because I am confident the class won‘t require a laptop to keep me awake. _____________________ Contact: bdangelo@buffalo.edu �The Opinion law.buffalo.edu/orgs/opinion November 2009 Opinions and Commentary President Barack Obama and his Nobel Peace Prize Can Obama Meet the Nobel Expectations? By HARVEY D. PALMER Associate Professor of Political Science Those Norwegians… John R. Ford UB Law 2010 So, President Obama was awarded the Nobel Peace Prize by some guys in Norway. Thanks, you know...I guess? What I want to know is why the Peace Prize is given out by Norwegians while the rest of the (read: real) prizes are done by the Swedes. That was a non sequitur. Anyway, if I were President Obama I would probably be muttering under my breath something along the lines of: "Thanks for giving the domestic press another shiny object to distract them from the substantive policy I am desperately trying to throw in front of them. Oh, and also thanks for giving me an award that highlights all the work I have left to do while at the same time making me look inexperienced in comparison to the likes of WoodNorwegians · Page 8 The Opinion Martin Luther King Jr., Nelson Mandela, Mother Teresa, Bishop Tutu, Dalai Lama, Suu Kyi, and Barack Obama, who in this list does not belong? Obviously, President Obama was not awarded the Nobel Peace Prize for a lifetime of service and sacrifice in promoting international peace and human rights. And to his credit, he acknowledged this stating, "I do not view it as a recognition of my own accomplishments.‖ This is also not the first time the Peace Prize has been awarded based on expectations about the positive consequences of a prominent event. Two past examples are Henry Kissinger in 1973 for his role in negotiating a cease-fire in the Vietnam War, and Yasser Arafat, Yitzhak Rabin and Shimon Peres in 1994 for the Oslo Peace Accords between Palestinians and Israel. The future reality did not meet the positive expectations in those two cases, but at least the recipients accomplished something concrete in furthering peace. What of significance has Obama accomplished? His reputation is based largely on what he is not – a continuation of the George W. Bush presidency – than on what he has done. In our highly connected world, Obama is an international symbol of hope for a better future, and his receipt of the Peace Prize reflects the weight of those expectations. Those expectations have framed Hope November 2009 Volume XLVII Issue # 2 Co-Editors in Chief: Daniel Aiello, 2010 Kristen Ng, 2011 Contributing Writers: Bianca D‘Angelo, 2010 Brittany Mazur , 2010 John R. Ford, 2010 Robert Sparks, 2010 Sean Eccles, 2010 Elizabeth Hersh, 2011 Hassan Shibley, 2011 Jonathan Pollard, 2011 Jared Vega, 2011 Kyle Pozza, 2011 Paul Fusco-Gessick, 2011 Robert Vanwey, 2012 Gary Muldoon, 1976 Harvey Palmer, PhD Katherine Kotaska, Guest The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion at BuffaloOpinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. what could emerge as the most difficult policy decision of Obama‘s presidency – whether to increase the US military presence in Afghanistan. There is no ―best‖ option since Obama must choose between expanding the scope of the US military intervention and jeopardizing the nascent democratic regime by divesting the US of responsibility for protecting the Afghan population. Looking at past presidents, Democrats have been more willing to use force for regime building (Clinton) while Republicans have favored limited intervention to achieve specific strategic goals (Reagan). If Obama follows this pattern, he could become a war-mongering Peace Prize winner. On the other hand, scaling back US involvement would redefine the historical difference between the parties in their perspective on military intervention, ironically contrasting with Bush‘s use of force to stabilize the democratic government in Iraq. Whatever he decides, Obama will disappoint many of his proponents as the realities and practicalities of foreign policy decisionmaking collide with the optimism and hope of international expectations. ______________________ Contact: hpalmer@buffalo.edu By ROBERT SPARKS UB LAW 2010 "For his extraordinary efforts to strengthen international diplomacy and cooperation between peoples" On March 20, 2003, Operation Iraqi Freedom officially began. I was on the USS Constellation, an aircraft carrier in the Persian Gulf. I remember wondering to myself why my country had not followed through on its promises to the International community and had decided to go to war, mostly on its own. As President, Barack Obama has had to deal with the aftermath of this decision; however, prior to being president, he posed opposition to this unilateral decision from its inception. This is important because this ―war‖ tarnished the image of the country I love. Barack Obama‘s rise to the presidency was unlike any other in our Nation‘s history. Like it or not, he is a symbol. He captured the attention of the entire planet, and in my opinion, his story is a story of progress and a story of overcoming obstacles in the face of adversity. His story is one of hope- hope in humanity, and renewed hope for peace. I love America, but I love the idea that America can be an example to those who do not live within its borders. With Barack Obama, it is possible that we can shed this newly formed veil of oppressor. This ―change‖ came from his ideals and his dream. By reversing the course of our nation in International Relations, he did more for peace than anyone else on the planet, and this award is more than well deserved, and as Americans we should all be proud of our President. __________________________ Contact: rpsparks@buffalo.edu All Eyes on the Prize By Jonathan Pollard UB Law 2011 There was a huge uproar over President Obama's receipt of the Nobel Peace Prize when the committee in Oslo determined the most deserving recipient. "What has he done?", people inquired. And admittedly, even those whose sole goal isn't to destroy the President, his policies, and his legacy, asked this question. As President Obama himself said however, oftentimes in history, the Prize has been awarded prospectively and to spur change. I'm certain President Obama understands the import of the receipt of this award and he's made it known to all that he'll take it as a call to action. What that means remains to be seen. My hope, however, is that President Obama's wartime policies begin to reflect the mandate that Oslo has given him. He has recently decided to deploy more troops to Afghanistan in the so-called "War on Terror". Blood continues to be spilled senselessly as a result of 3 American imperialist policies. The theater of war notwithstanding though, I believe President Obama is trying his best to wind down the Iraq and Afghan wars. Already, in 10 short months in office, he has ushered in a new approach to international relations - one that's geared toward communicating with other countries as equals and not as non-sovereign inferiors. I believe this new era of rapprochement will ultimately result in less international strife and eventually nuclear disarmament. Whether or not you agree with the committee's awarding of the prize to President Obama, I believe we can all, as Americans, get behind the goal of the prize, which is to foment peace. And who better to foment peace than the most powerful man in the world. ___________________ Contact: pollard3@buffalo.edu �The Opinion law.buffalo.edu/orgs/opinion November 2009 GUEST COLUMNS Resume the Resume By GARY MULDOON UB Law Class of ‘76 dreds of satisfied customers‖ makes me want to go vegan. One way or another, my office gets a lot of résumés, most of which seem to get shoved my way, along with much of the junk mail. It‘s sad that I lump these together: junk mail deserves better. But like wanton boys with flies, as King Lear observed, I pick apart the life summary that‘s been sent my way. Proofreaders are a twisted lot, and I could have gone far in that field. Alas, instead I passed the bar exam. A résumé needs to show that the applicant isn‘t just an empty suit. But to get in the door, what is needed just as much goes under the rubric of ―presentation skills.‖ (Note to self: stop using ―rubric.‖ It‘s trendy to use in education, not in law, at least not yet.) Presentation skills: a résumé filled with typographical errors is like showing up for a first date with spinach in your teeth. Cover letters Recently an envelope arrived with both my address and the return address handwritten, and with no cover letter. That kind of first impression was like seeing someone at a cocktail party with a name tag that said, ―Hello! My Name Is Loser!‖ As for cover letters, I can‘t say much, having never really seen a good one in an employment situation. The best ones seem to be a nuisance, albeit necessary, while the worst are affirmatively annoying. Particularly irksome are those that inform how the sender is the perfect candidate for my law office, when it is apparent that the writer knows nothing about the firm. Receiving one of these overthe-top missives is akin to getting a love letter addressed to ―Current Resident.‖ Type-o’s In reviewing these documents, a good portion of my focus is nitpicking. Human Resources people, who have as little to do in life as I do (as me do?), take pleasure in finding minor errors. They cackle over someone who writes ―Juris Doctorate,‖ the ever-so-slight pretentious expansion of the degree that the candidate hopes to someday receive. I am as abstemious with adjectives and adverbs as Will Strunk – at least I like to think so – but some résumé writers feel the need to include every joyful modifier imaginable. With these, my own impression is that the applicant, with experience in the retail sector only, needs to embellish the credentials. Example: ―Cheerfully serving hotdogs to hun- Types of résumés As I understand it, there are three basic types of résumés: chronological, functional and combination. Here are a few suggestions, with the caveat that I am no professional in these matters: 1. Proofread, proofread, proofread: get someone with the social skills of a bean counter to tell you where the document needs tweaking. 2. Pay attention to font. Why is it that the whole world seems to use Times New Roman as the default font? You need a good serif typeface for the bulk of the information, but there‘s more out there than TNR. Remember, everything doesn‘t have to be in the same font. While you don‘t want a riot of fonts, a little variety may be needed: a sans serif (such as Arial) for the headings provides contrast with the content that follows. When it comes to emphasis, our character and most importantly, our confidence in one another. Law school humbled us. We‘ve been able to see beyond ourselves, while recognizing the importance and responsibility to dream individually and collectively. He received his degree, but I feel law school educated me as well, and so therefore in a most joyful voice, I say ―Congratulations!‖ Bar day is here. My boyfriend emerged from his cave after hibernating for the past two months, both anxious and eager to take the exam. While the results are not released until November, today marks a celebration for us. We made it. I love you. Now off to conquer the legal market in this economy… Update: It‘s November. As we wait for the results it seems law school has taught us one more valuable lesson: patience. __________________________ Contact: kkotaska@gmail.com document is, there‘s a problem. 6. Be consistent within the document. Whatever style you employ, do so throughout. If the dates are ―September, 2007 - Nov 2009", both months should be spelled out or both abbreviated. And no comma between month and year. 7. Know the difference between a hyphen, an em-dash and an en-dash. Be consistent with which of these you insert between the beginning and ending dates of employment. 8. Have more than one résumé. First, to experiment with what works and what doesn‘t. Second, because you may be applying to different employers with different hiring interests (litigation / transactional, civil / criminal, public / private). Depending on the particular employer, you may want to stress other accomplishments. 9. Be honest, be accurate. Even if you have more than one résumé, the information should be consistent as between the two documents. And don‘t inflate your credentials. You‘re both accurate as well as on the edge if you include something like, ―Graduated in the fifth quintile of law school class.‖ 10. Omit ―references available upon request‖ at the end. I don‘t know why, just don‘t. Provide these at the interview, or in a followup. Finally One last thought: an attorney is by definition an advocate, and a résumé is a piece of advocacy. If you can‘t advocate for yourself, you won‘t come across as one who can do so for others. __________________ Contact: gmuldoon@muldoongetz.com Opinion Interview Professor Barbara Sherk Law School Love · from Front Page understandings, followed by incredible resolutions and affirmations. We emerged victorious, with a few scars, but determined to push forward. Second year, question 2: will this passion remain? I fell in love, again, in his second year. We were closer, geographically and emotionally, and I was mesmerized by his passion for school and success. As his passion intensified, his ability to show emotion increased, and I couldn‘t help but hope this passion would remain forever. The passion was partnered with honesty, as we delved into discussions that for the first time, ever, made us feel grown up. Third year, answer: we‘re going to make it. It encroached upon us, the reality that school would end and he‘d enter the professional world, and we would be stronger and wiser after our experience. Surviving and sustaining a relationship throughout law school revealed think in terms of garlic: a bit of zing, nothing more. To make something stand out, a larger point size, bold or italics are my preferences. Never capitalize whole words or sentences: that shouts a bit, and is actually more difficult to read. And you needn‘t triple up what you want to emphasize: don‘t bold and center and italicize and use larger font for the same information. Don‘t underline – that is so typewriter-y. 3. Keep the résumé on your computer. Update it regularly. Even if you have nothing new to add, it‘s worthwhile looking at it frequently. 4. A lot of employment applications are done via email, at least initially. But what you sent isn‘t necessarily what the recipient got. Many résumés contain tabbed information, which sometimes goes too far over on a line and winds up on the next line. When emailed and then printed out by the prospective employer, a two-page résumé may spill over onto three pages. Test your draft several times, emailing it to friends. 5. There is an accepted writing style to résumés, just as telegrams (remember those?) have a certain style. It‘s rather clipped, and it is expected that the first person singular as well as articles (a, the) will be omitted. It may also be appropriate to omit periods, with information not conveyed in actual sentences. A résumé is essentially a specialized type of outline. The flow should be almost intuitive: alignment, emphasis, tabbing / indentation, spacing. In describing accomplishments, a voi d La t inat e con str ucti on s (―provided assistance in the preparation and completion of custody petitions‖). Instead, ―helped prepare and complete‖. Also, don‘t write ―Résumé‖ at the top. If it isn‘t obvious what the By DAN AIELLO Co-editor-in-chief DA: Professor Sherk, I understand you and Kevin Lane, Esq., from the Law Offices of Sliwa and Lane, teach a course entitled Ethical Issues in Insurance Related Practice. Can you tell us what the course is about? BS: The Ethics in the Insurance Related Practice course presented students with a solid exposure to ethics, along with an overview of the law of New York State in the areas of motor vehicle tort, construction site accidents, and discovery-related issues. These legal principles were presented through the skills aspect of the course. It was during the practical portion of each class that students had to synthesize the relevant law to participate as well as they did. We were fortunate to have regular and enthusiastic participation in student learning by the practicing bench and bar. I hope the students find that they learned a lot about practice as a newly admitted attorney and the ethical rules that relate to that practice. DA: So, are you a proponent for more practice-based courses at UB Law? BS: There is no doubt that practice-based courses help students synthesize substantive law with the skills necessary for analysis and practice in a legal environment. This could be a skills-based offering within a designed curriculum in a specific practice area, or a general skills course such as writing or research. My view is that the student is stronger if the core subjects are mastered. The skills-based course could be premised upon the core subjects, and perhaps present a way to highlight the substantive law of New York State in that subject area, for example. DA: Do you feel that students should take as many practice-based courses as they can in law school, especially in this economy? BS: That is difficult to answer since students have different professional goals after graduation. For employment purposes, employers are looking for proficiency and quality in a graduate's work. The learning curve today is steeper and shorter as the employers face budgetary constraints. This certainly puts pressure Barbara Sherk · Page 5 4 �The Opinion Common Sense· from Front Page … that's socialism! (Never mind that saving money and promoting efficiency has always been a conservative touchstone, and in fact, was a big part of Ronald Reagan's platform.) It seems that somewhere along the way, both the Federal and New York State governments collectively forgot why they exist in the first place. Government stopped being about what makes sense for everyone and started being about petty, partisan battles fought for the personal benefit of the lawmakers and their friends. Our so-called ―representatives‖ seem to have forgotten why they have a job at all. Allow me to refresh their memories: it's us, you self-serving jackasses. Government exists to serve the people, not to merely perpetuate its own existence and enrich those who are already high on the hog. Government, at least in the United States, exists for the reasons that are laid out in the Preamble to the Constitution. Everybody concentrates on Article III, the Fourth Amendment, Article I, Section 8, Clause 1, &c., but nobody Barbara Sherk· from Page 4 law.buffalo.edu/orgs/opinion bothers to read the Preamble. My friends, read the damn Preamble. It's the core of the American Experiment. It is, and right well ought to be, the foremost guiding principle of American jurisprudence: ―We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.‖ You'll note that the Preamble refers to the common defense and the general welfare. It makes no mention of CEOs. Nowhere does it include lobbyists. In no way does it suggest that the welfare of the rich and powerful should ever, ever be placed above that of the People. Quite to the contrary; the Preamble, above all, demands that government exercise common sense. When it does not do so, whether deliberately or accidentally due to sheer, unmitigated laziness, then it is the People's November 2009 responsibility to demand that it start to do so again. But we can't do that … ―American Idol‖ is on! And I get the feeling that that's exactly the way the Powers That Be want it. If the general public can't be bothered to get rid of the selfish blowhards currently occupying the Legislature, the Congress, the Governor's Mansion, and many Manhattan boardrooms, then the responsibility falls to us, the lawyers, to clean up the mess they've made. It's on us to restore common sense to government and business. As future attorneys, we will all be taking an oath to support and defend the Constitution of the United States. The whole thing, not just bits and pieces. That includes the Preamble. And this is not some touchy-feely recommendation, it is an ethical obligation. I, for one, never break my word when I give it, so I'm going to take that oath rather seriously. I'm sure you'll understand, then, that when I see attorneys get elected to office and do the exact opposite of what they've sworn to do, I get a little angry. If any of you have seen the movie ―Network‖, you already know how I'm going to close this piece. If you haven't, put it in your Netflix queue; it's just as relevant today as it was in 1976 when it came out. Ladies and gentlemen, I'll leave you with the immortal words of Howard Beale: ―I want you to get mad! I don't want you to protest. I don't want you to riot - I don't want you to write to your congressman because I wouldn't know what to tell you to write. I don't know what to do about the depression and the inflation and the [terrorists] and the crime in the street. All I know is that first you've got to get mad. You've got to say, 'I'm a human being, Goddamnit! My life has value!' So I want you to get up now. I want all of you to get up out of your chairs. I want you to get up right now and go to the window. Open it, and stick your head out, and yell, 'I'M MAD AS HELL, AND I'M NOT GOING TO TAKE IT ANYMORE!'‖ Thanks for reading. And God bless America. ___________________ Contact: ptf2@buffalo.edu on a new associate. Practice-based courses should help a new associate make a better transition to practice. Even if a graduate is not going into law practice, an employer hires a candidate with a JD because there is an expectation of a candidate's mastery of critical thinking and analytical skills to meet the work requirements. Practice-based courses contribute to developing those skills. DA: I understand that you are teaching a BAR preparation course next term. Without giving away too much, can you give a quick over-view of the course? BS: This course exposes students to further develop preparation techniques and skills in legal analysis and writing to assist them in various legal writing methods, including state bar examinations. The skills are appropriate for any jurisdiction's bar examination, not just New York. There is a lot of interactive in-class work. This year, we are offering 2 sections, so that every graduating student has an opportunity to enroll. DA: If there was one piece of advice that you wish you had before you took the bar, what was it? BS: I planned and executed my time and commitment appropriately and took a commercial bar prep course. I did not work during bar prep. I was, however, surprised at the level of intensity, time and commitment necessary for bar preparation. It was exhausting. Virtually everyone says afterward that the condensed prep period was more rigorous, stressful and demanding than they expected. _________________________ Contact: dwaiello@buffalo.edu Law and the Media Law and the Media · from Front Page not followed correctly (See The Exorcism of Emily Rose). We instantly develop a connection whenever the law is part of a storyline for the simplest reason…we care about the law. Yet, the question still remains…would some of these films still have the same result if the case happened in ―real-life?‖ With the holidays upon us, let‘s take the classic film Miracle on 34th Street. If you haven‘t seen it, get out under that rock you‘ve been living under and go see it (the original, not the remake or The Simpsons episode). The basic premise is that Susan Walker, played by a young Natalie Wood, was raised by her mother not to believe in Santa Claus or in any fantasies whatsoever. Bah-humbug. A man named Kris Kringle, who claims to be Santa Claus, is soon hired by Macy‘s to be their department store Santa, and the magic and spirit of Christmas begins to spread. However, when Kris is declared mentally insane and dangerous, a hearing is held (yet, it‘s treated like a trial). A young attorney named Fred Gailey then has the difficult task of trying to prove not only that there is a Santa Claus, but that Kris Kringle IS Santa Claus. At first, it seems like a no-brainer…the court should rule that there is no Santa Claus because it‘s the truth, even if we ―can‘t handle the truth.‖ However, the arguments ruling for a Santa Claus almost become convincing when one considers the consequences of ruling the other way. In the film, Charles Halloran, who will help Judge Henry Harper in his re-election, sarcastically explains the ramifications of ruling that there is no Santa Claus. All right, you go back and tell them that the New York State Supreme Court rules there's no Santa Claus. It's all over the papers. The kids read it and they don't hang up their stockings. Now what happens to all the toys that are supposed to be in those stockings? Nobody buys them. The toy manufacturers are going to like that. So they have to lay off a lot of their employees, union employees. Now you got the CIO and the AFL against you, and they're going to adore you for it. And they're going to say it with votes. Oh, and the department stores are going to love you too. Also, don‘t forget our friends the Christmas card makers and their colleagues at the candy companies. Oh. Henry, you're going to be an awful popular fella. And what about the Salvation Army? Why, they have a jolly bell- ringing Santa Claus on every corner, and they take in a fortune. But you go ahead Henry. You do it your way. You go on back in there and tell them that you rule there is no Santy Claus. But if you do, remember this: ―you can count on getting just two votes, your own and that district attorney's out there.‖ After the District Attorney concedes the existence of Santa Claus based on personal opinion, he asks Mr. Gailey to submit authoritative proof that Kris Kringle is the one and only Santa Claus, and the judge agrees. The next day in court, Mr. Gailey makes the argument that Kris Kringle is Santa Claus because the post office, an official agency of the U.S. government, delivered mail addressed simply to Santa Claus to Kris, and it is a criminal offense for the post office to willfully misdirect mail or intentionally deliver it to the wrong party. Therefore, the post office, a branch of the federal government, recognizes Kris Kringle to be the one and only Santa Claus. After thousands of letters are dumped onto the judge‘s desk, Judge Harper rules that since the U.S. Government recognizes Kris to be Santa Claus, the court will not dispute it, and the case is dismissed. So, would an attorney be able to argue that there is a Santa Claus in today‘s courtroom? It‘s 5 hard to say. Just out of curiosity, I ran a search on Westlaw. There have been state cases where someone wishes to legally change their name to Santa Claus, and the courts have ruled both ways. For example, in In Re Name Change of Handley, 107 Ohio Misc.2d 24 (2000), a man‘s petition to change his name to ―Santa Robert Claus‖ was denied because it would violate public policy. The Probate Court of Franklin County, Ohio held that since Santa Claus is an ―icon of our culture [and] exists in the minds of millions of children, as well as adults,‖ it would be misleading to the community, especially to children, for the petitioner to change his name. On the other hand, in In Re Porter, 31 P.3d 519 (Utah 2002), the Supreme Court of Utah held that a man had the right to change his name to ―Santa Claus.‖ Specifically, since the petitioner complied with the requirements under Utah‘s statute in changing names, and there was no likelihood of confusion, misunderstanding, or substantial mischief to deny the petition, the court granted petitioner‘s request. However, not surprisingly, none have asked the age old question of whether there is a Santa Claus. But, as Miracle on 34th Street emphasizes, the real question isn‘t so much whether there actually is a Santa Claus, but whether one believes there is a Santa Claus. So, next time you watch a movie or TV show and get upset that something would not happen in real-life, just remember…if you believe…anything is possible. FYI, if you‘re still curious as to how well films depict legal disputes, check out the book Reel Justice: The Courtroom Goes to the Movies, which analyzes such films, like My Cousin Vinny, A Few Good Men, and Kramer vs. Kramer. _______________________ Contact: bmmazur@buffalo.edu �The Opinion law.buffalo.edu/orgs/opinion November 2009 The World Today Should Terrorists Enjoy the Bill of Rights? By KYLE POZZA UB LAW 2011 _______________ Turn to CNN or any other news station. As informed citizens, and especially as New Yorkers, anyone not living under a rock is now aware that ―Khalid Sheikh Mohammed, admitted mastermind of the September 11, 2001, attacks, and four other suspects‖ will have their day in a New York courtroom, instead of a military tribunal. My simple, basic question to you, is do they deserve it? Is it an appropriate forum? As with any other issue, it seems to have taken a partisan view, for the sake of being partisan. Democrats: we have a jury system the world envies, so we should give them their day in court so we can pat ourselves on the back. Republicans: this is just an opportunity to let terrorists criticize the Bush Administration. If our judicial system is the ―envy of the world‖ that shows our ―might and moral certainty,‖ then how do you explain organizations like the Innocence Project? Whoops. And Republicans, Bush had eight years… not everything is still about him. Nonetheless, some pragmatic concerns have been expressed, such as the millions of dollars that will be spent in safety precautions for this trial. Nonetheless, these are pointless partisan politics and moot points, because the Constitution guarantees due process and speedy trial (no matter the cost). As Attorney General Holder said, his job is to ―look at the law, apply the facts to the law and ultimately do what I think is in the best interests of this country and our system of justice.‖ And that, my friends, is the point. We would be remiss as faithful, dutiful law students, if we did not look at this scenario from a legal perspective. The Big Debate: Healthcare By SEAN ECCLES UB LAW 2010 It is estimated that almost fifty million Americans are without health insurance. Let‘s put this in another way: eighty-four percent of Americans have health insurance. Of those covered, nearly three-fourths are covered by employer based health insurance programs: i.e. over 60% of the population. The American health care ―system‖ or ―industry‖ may have its share of problems, but is has not failed. This, of course, is no consolation to an uninsured American, and nor should it be. As ―promote[rs] of the general welfare‖ It is incumbent on the federal government, in conjunction with the several states, to ameliorate this problem as effectively, efficiently, and expeditiously as it can. However, I fervently believe that a national health care bill is not the means to accomplish this goal. I suppose this makes me an ―opponent of reform‖. Every state in the Union has a Medicaid program, which is funded by large federal grants. Additionally, nearly every state has its own initiatives to fill in the gaps of the federally funded program. Over the past decade these state-run initiatives have been increasingly successful in providing health insurance to low and immigrant families in need of said services. New York and Massachusetts are two prime examples. All that really needs to be done is to expand these programs, which already exist, so as to catch those who currently fall through the cracks, or perhaps more accurately – the gaping hole. However, these programs are already in place and the providers are available; all that is required is more funding, and public awareness. For example, every child permanently residing in New York State, including illegal immigrants, is eligible for free or low cost health insurance. The programs are available for any child who does not get health insurance through a parent or guardian‘s employer. If the employer offers health insurance, the parent must take that over the public subsidized plan – which does not sound unreasonable. Why should Joe Taxpayer have the extra tax burden placed on him, when it is more properly carried by, for example, M&T Bank? A family of 4 can have income of nearly $48,000, before they need to pay a dime. The premiums go up to $9 per child over that, and to $15 per child at around $55,000. These monthly premiums increase on a sliding scale to $60 per child up to about $85,000. After that the family pays a full premium of anywhere form $100-$200, depending on the plan selected. For these children there are no additional copays for any services. Moreover, the premium only applies to the first three children. If a family has more than three the remaining children are free. But best of all, the coverage is as good as or better than employer sponsored health insurance programs. Similar programs exist in New York for adults. They are certainly more restrictive and favor families over single adults and childless couples. I understand the rationale behind that children first – but it is time to expand the program to ensure everyone who cannot procure health insurance otherwise, can be provided with free or subsidized health care. The only rea- To this end, my point is simple and succinct. The Constitution guarantees us the right to a speedy trial, and to due process. But whom is the Constitution meant to govern? The citizens of the United States of America. Khalid Sheikh Mohammed is not a U.S. citizen. So why should someone who is not a U.S. citizen be allowed to enjoy the same rights as citizens? Aside – insult to injury is that the taxpayers have to pay for it. As a jurisdictional matter, I realize (hypothetically) that if an illegal immigrant (from, say, South America) committed a murder here, he/she could be tried in our criminal courts. However, Khalid Sheikh Mohammed is, admittedly, a terrorist, and we are still at war. If having a trial in New York were the only way to prosecute Mohammed, I would agree with the decision. It would be the only way to ensure justice. But if the Attorney General were really concerned about ―justice‖ and the ―best interest of the country,‖ wouldn‘t justice be equally served in a military tribunal? Aren‘t those men and women equally capable of administering a just verdict? And isn‘t the best interest of the country served by not requiring taxpayers to foot the extra millions of dollars it will take in safety measure to fly Mohammed and his accomplices to New York (for essentially the same trial)? I, personally, am at a loss as to why a terrorist, in a time of war, who is not a U.S. citizen, will get a civilian trial at a great expense to the U.S. citizens. I welcome opposing opinions to validate the alternative side. However, from a legal analysis, I do not see how this civilian trial can be seen as necessary or in the best interest of our country and justice. _________________________ Contact: kepozza@buffalo.edu If you are a UB Law alum, we would love to hear from you! Contact us at buffaloopinion@gmail.com When is the Death Penalty Justified? By KRISTEN NG Co-editor-in-chief There are many advocates of the death penalty, and there are many who are against the death penalty. The one instance I would like to focus on is the case of John Allen Muhammed, more popularly known as the DC sniper. Muhammed was put to death by execution on November 12, 2009, by means of lethal injection. If you do not remember the DC sniper, let me refresh your memory. Muhammed, along with his teenage accomplice, went on a rampage, in 2002, across Washington D.C. sniping and killing people at random. Their kills totaled 10 people. However, the effect of Muhammed was not only the deaths, but the terror that residents of D.C. felt. No one felt safe anymore. None of the victims were related to each other, and in this way, no one knew who was next. For all anybody knew, they could be the next person sniped. There are theories to why Muhammed did what he did- one was that he was opposed to military actions, and the second was that he had wanted to eventually kill his ex-wife and gain custody of the children. The question I present to you today is whether the death penalty is justified. The Constitution does not address the death penalty, and the Supreme Court has ruled that it is justified if proportional and after the defendant has been given a fair trial. However, this topic, much like the topics on abortion and gay rights, is highly controversial and has a moral component to it. This situation deals with the fundamental right to life. When one person destroys one or more lives, does that one person need to give up his life? On the one hand, opponents of the death penalty say that it is cruel, and that it actually costs more to put a person to death than to sentence him with a term of life in prison. On the other hand, supporters of the death penalty think that the death penalty is just punishment. Which view is right? Should a person be allowed to live when they have caused so much suffering? The death penalty is supported because the family members of those that have been killed by the defendant want to see justice done. Can anyone really blame the families and friends of the victims? What if Osama bin Laden were walking down the streets of New York City, and arrested? Would a man that masterminded the 9/11 attacks be put to death without any opposition? Amidst the controversy of Khalid Sheikh Mohammed, even President Obama has acknowledged the death penalty as being a just punishment by saying that those who are offended by Mohammed getting a civilian trial instead of a military tribunal will not find it ―offensive at all when [Mohammed‘s] convicted and when the death penalty is applied to him.‖ CNN News. It is definitely something to think about. ______________________ Contact: kng5@buffalo.edu The Big Debate · Page 7 6 �The Opinion law.buffalo.edu/orgs/opinion Detained· from Page 2 ing to happen to me. After more waiting we finally received some ‗good news.‘ We were told that after my whole family submitted to fingerprinting and giving our photograph we would be released. We were told this after many hours of apprehension. My mother refused to submit to fingerprinting and photographing without an explanation (such procedures were not part of CBP policy for US citizens at the time). Finally, as she cried, the officer forcefully fingerprinted her. Having immigrated to the US to escape a country that permits arbitrary detention, interrogation, and searches, the process was especially difficult for my mother. By the time they released me, my mother, and my three younger siblings, it was near 6 a.m. Most of that time was spent in apprehension and confusion. We did not know why we were stopped, for how long we would be stopped, nor what would happen to us afterwards. In the later hours we were there, I spoke to some CBP agents who opened up. I told them, ―While you are wasting your time with little kids, pregnant women, and elderly couples, real criminal may be getting by. You have no reason to detain us, and this is inefficient and dangerous for American security as it takes away resources from protecting against real The Big Debate · from Page 6 threats.‖ The officer agreed but said there was nothing he could do. Sure enough, that same weekend, a man with bloody knives, axes, and a chainsaw in his trunk, which the CBP had seen, was allowed to enter the US at another border crossing. That man had murdered an entire family in Canada. While the CBP was wasting its time in racial profiling, a proven inefficient method, real criminals were getting away. What was further troubling was that we, American Citizens, were held for 4-6 hours, meanwhile several non-citizens who were not Muslim were in and out within a few minutes. It was clear we were detained for attending a religious cultural conference. CBP later claimed that the procedures we were subjected to were necessary to confirm our identity. This begs the question: why did it take a few minutes to confirm the identity of non-citizens, while it took hours for citizens? _______________________ Contact: hshibly@buffalo.edu PART 3 Coming in the Spring! Ad Space Available. Contact: buffaloopinion@buffalo.edu Registration Fiasco· from Page 2 half, and actually registered for me. By this time, 7:15 am, most of the classes I wanted were full, so I might as well have waited and registered on line! Other law students may have had similar experiences, which prompted me to do some checking. I talked to a few classmates to see if anyone had suggestions as to how the system could be improved. Most people agree that registration should begin at a set time and not a minute earlier. There should be no ―advantage‖ that allows some people to register early (the ones who actually get through to BIRD), while others cannot get through. Another suggestion is to only allow people to register online. This would eliminate the early calling debacle, and level the playing field. Third year student John Ford suggested that registration should begin online at precisely 8:00 am, with everyone starting at the same time. Third year student Daniel Aiello suggested that the registration window should stay open so students could change their schedules when they have forced adds or are wait listed. Still, as far as technical issues are concerned, there is not too much the law school can do to improve registration because we use the same registration system as the entire UB student body. Other suggestions include allowing students who have completed more units to register first, or allowing students to register based upon their academic class standing. Another idea is to provide registration prioritization, which means that each student could initially register for a maximum of three classes, and then subsequently they could register for two more at a later date. Additionally, there are a few registra- November 2009 tion issues which the law school may be able to address more immediately. Second year student Heidi Jones suggested having a registration data base so students could access all the registration information in one location. This database would include a comprehensive list of available classes and course descriptions which could be easily navigated electronically. Many students have also requested that there should be one complete list which shows how many seats are left in a class, whether the class is open or closed, the number of units a class is worth, whether the class is a bar class or not, and also whether the class is a bridge class. As of right now, this information is all available to students, but on different lists in different online locations. Heidi also suggested that Records and Registration publish the course listings through Excel rather than in PDF format so classes would be easier for students to sort on their own. Last year, a student made a suggestion at a Town Hall Meeting that either third year students and/ or representatives from Records and Registration should provide an information table in the law school lobby for a few days prior to registration so students can ask questions about what classes would be the best for them, and about the registration process in general. Not getting the classes you want or need can be frustrating and stressful. As students, we have enough to worry about regarding the actual classes. An effective and efficient registration process would mean one less thing to worry about. __________________________ Contact: ehersh@buffalo.edu Good luck on finals and have a good winter break! 7 son that the programs available for adults are more restrictive and less subsidized is because of a lack of funds. But for that shortfall, the generous programs that are available for children would be offered to adults as well. But how many New Yorkers are aware of these programs? My pre-law school career was in the public health sector so I am always keenly aware of the advertising and commercials promoting these programs. However, others who are not as intimately familiar with them might not understand what is being offered. Are the advertisements ineffective? If so, New York should work to more cogently get this message to its residents. If it is because people are too lazy or busy to go down to 95 Franklin Street and enroll in the programs, then is the ―system‖ really to blame for their lack of insurance? New York‘s system (or that of other states with similar successes) ought to be the model for the rest of the nation. All federal funds which come to the states for public health insurance programs always come with strings attached. Through its Spending Powers, the federal government requires that the states conform with regulations imposed by agencies such as the Centers for Medicare and Medicaid Services. Accordingly the federal government should raise the baseline, like it has with the minimum wage, so that families or individuals making X% percent over the federal poverty level will qualify for the state run Medicaid programs. This would also free up state funds to bolster its ancillary public health options. As previously mentioned, the infrastructure to carry out such a cognizable, and cheaper, health care reform is already in place in the several states. As such it is from the state capitols across the country that health care reform should come. _______________________ Contact: sceccles@buffalo.edu Buffalo Christmas Wishes 2009 Help make Christmas better for a child this winter. To sponsor a child this winter, go to http://www.creativedojo.com/ BiggieClaus/index.shtml and deliver a gift by December 17th. For more information, contact Brian Biggie at bbiggie@goldbergsegalla.com. �The Opinion law.buffalo.edu/orgs/opinion November 2009 Who, What, Where at UB Law Lost in Translation By ROBERT VANWEY UB LAW 2012 PhD Candidate in History _________________________________ Beginning in January of 2008, I engaged in a project translating Tibetan law codes drafted in the 17th century. The project is a continuation of a study begun by UB Law Professor Rebecca French during her tenure as a PhD candidate at Yale University. That study, titled ―The Golden Yoke,‖ which later became a widely popular book of the same name, essentially gave an overview of the Tibetan legal system and included reference to a variety of codes and procedures in the Tibetan system. Professor French had worked under the tutelage of a Tibetan official who served as a magistrate prior to the 1950s. Although she referenced the law codes upon which we now work, she never had the opportunity to wholly translate the codes into English. Our current project has brought the two of us together along with the help of Craig Preston, an adjunct at UB and a long-time translator of Tibetan philosophy. My initial role in translating the codes required more than just a command of the Tibetan language. Tibetan language has multiple scripts. The codes we are translating were written in a type of cursive script, called ume (meaning ―without a head‖). Books published in Tibetan, and the script that scholars and foreigners commonly learn today is called uchen (―with a head‖). Ume is, by appearance, quite different from uchen and requires training to decipher. I set out to verify our transcription of the original code from the cursive script to the more common one. That effort required several months to complete. At this point in our work, we are now attempting to render the Tibetan into English. There are numerous difficulties in doing so. First, Tibetan does not directly correlate with English. One cannot simply determine each word of a sentence and then put them together into sensible English. Tibetan often eschews what to English readers seem crucial verbs and subjects. Moreover, the grammar itself is quite Rumor has it... different. Third, as a law student and scholar, one is tempted to consider American legal principles when trying to figure out the meaning of a particular Tibetan passage. For example, the distinction between the terms ―should‖ and ―must‖ are imperative in American law. Yet, in the Tibetan case the distinction is not so apparent. Therefore, in many instances we cannot know if a statement is required or if it is merely a suggestion or guideline. Tibetan codes have significant substantive differences from American law. Bringing cases to court in Tibet was generally rare. Even in criminal cases, Tibetans often preferred to mediate outside of the system, often with the assistance of lamas (commoners were, however, required to report the most serious of crimes). Such mediation took into consideration the seriousness of the offense, the desires of both parties for reconciliation, and the restoration of the harmony of the community. Judges (not juries) presided over criminal cases that did make it to court. Defendants often suffered more in those proceedings for lying (about the crime) than they did for the commission of the crime itself. Unlike the American system, the punishing of individual crimes (generally) was not determined by specific categorical requirements. Punishments were decided by the unique nature of each case and included factors such as the status of the criminal and victim, nature of the crime, and the overall circumstances. Decision-makers enjoyed a wide-range of discretion. Professor French, Mr. Preston, and I continue to work diligently to finish this phase of our project. Translating is a many-tiered process that requires continuously revisiting previous sections. We have been in contact with many of the world‘s leading scholars of Tibetan language in an effort to ensure the accuracy of our product and to provoke continued interest in this very exciting area of study. Our hope is to present to the UB community a detailed description of our work and its implications soon. _________________________ Contact: rlvanwey@buffalo.edu Law School Musical · from Front Page stage management, house cepted as a fundraising management, backstage event by the incredible and design opportunities, executive board of the administrative opportuniBuffalo Public Interest ties, and of course, acting Law Program, is being and singing. produced by BPILP and Hey who knows, you the ABA Committee of might find that you can the Student Bar Associause your J.D. in the theation and will be a mix of tre industry! sketch comedy and modAll those who are ern ―American Rock Muinterested in backstage, sical‖ written by none technology, design, choreother than you, the law ography, house managestudents, and will be held ment, or administrative on the day of fun and tom- opportunities should confoolery- April Fool‘s Day, tact Jared Vega, director April 1, 2010. We will be at jsvega@buffalo.edu or hitting all of your favorite Zach Primeau, 1L Cotopics, including underDirector at zmprigraduates in the library, mea@buffalo.edu. some of your 1L classes, For those of you inand even how to avoid a terested in acting or singprocess server! We are ing, auditions will take looking for any and all place during the bridge law students from 1L to term and during the first LLM to help us with week of spring semester every aspect of the show. (for those of you not here Opportunities will include during bridge). Auditions writing, choreography, are just to place you in the best role for the show (everyone that auditions and wants a part will get some part in the show!) Finally for those of you interested in helping to write the show we will be writing the show on December 2, 2009 from 5pm until the show is complete. For any and all questions, comments, and suggestions please refer to the Law School Musical Complaint Department (AKA the director) at jsvega@buffalo.edu. Whether you participate in any way or not we look forward to seeing you at the show Thursday April 1, 2010 at 8pm! _________________ Contact: jsvega@buffalo.edu 8 Anonymous Here is a hypothetical situation that is wholly based on my fertile imagination, and not a rumor that is swirling around the law school: A student based his travel plans for winter break according to the syllabi he was given for his courses. Intending to fly out over break, he bought his tickets early. Late into the semester, a professor changed his course syllabus. That‘s fair enough, but now the student found himself in a pickle since the plans were not flexible and he would miss one singular class or forfeit the travel plans. So he came clean to the professor, and explained the situation. The professor‘s response? Force dropping the student out of the class and e-mailing all the student‘s professors recommending they do the same, citing a lack of priorities amongst other indiscretions. So what is the student left to do? This professor, hypothetically being a rather embedded figure at our school, cannot be challenged for all intents and purposes. Why? Our school lacks a defined structure for student appeals of gross misconduct by professors, believe it or not. And since we are not under the GSA, we are sort of left to our devices when we get into a sticky situation as such. What should this poor, fictitious student do? Some would say, shut his mouth; most of us would just skip the class, citing the flu or a horrific hair day. But this student came clean, which I think is mature and honest as opposed to, say, pretending your grandfather died (another complete figment of my imagination and not based on an actual scenario from R&W my 1L year). Others would say, fight the man! Go to the Dean! Plead to the Provost! Meet with the President! But fighting the man sometimes lands you in a situation where you could, of course hypothetically, be removed from enrollment if you do not comply. Maybe this student can walk away from the situation unscathed, imaging his old professor in high heels dancing about a closet choc full of cardigans. And maybe he‘ll just graduate and move on. But, since this is my own fiction, I‘d like to think that the mechanisms by which this student could appeal the wrong that he suffered could be changed so that he may have a fair say in matter, and the professor could be brought to justice to amend his wrongs. And though this was not something that happened during October 2009 at UB Law, I‘d like to think that in reality, our internal appeals system for students is worth a serious revitalization. After all, in a law school of all ironies, I hope that imagining the possibility of proper rules and mechanisms to achieve justice for students does not remain a fiction. row Wilson or Martin Luther King… genius really." Poor President Obama. He couldn't in all honesty refuse the thing without it becoming more of an incident than it already was. But then, by a miracle of causation and twenty-four hour cable news, President Obama being awarded the Nobel Peace Prize somehow ends up reflecting badly upon him (an opinion not shared by this author, I must point out). Do I think that the President deserves this award? I don‘t think it really matters. While it may be true that the Prize has been given out a few times before to ―encourage change,‖ I‘m not on board with this policy. I know the Norwegians don‘t consult me on their decision making process, but maybe they should. If they did, I would tell them that awards are generally supposed to recognize accomplishment. That the award itself, by recognizing significant accomplishment, and being known as such, can become a brand of sorts in that the award can be given to people who are perhaps less well recognized at having accomplished something of merit, but receive recognition and legitimacy for what they have done as a result of receiving the award, and perhaps make the issue or program they worked on more widely known. By giving awards to people in order to encourage them, one throws the proverbial dice. This is because there is the distinct possibility that the change one is trying to encourage will not actually occur, in which case your award now means less. Don‘t get me wrong, I‘m rooting for President Obama. I think he will bring about the desired (by some) changes. However, I think that the Norwegians might have better utilized their resources elsewhere, and gotten a larger return. I don‘t think President Obama needs either extra legitimacy (if the Presidency doesn‘t make one legitimate I don‘t know what does), or extra encouragement (he seems like a self-starter to me!). _______________________________ Contact: john.robert.ford@gmail.com Norwegians · from Page 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2009-11 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/2009 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 47 2 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1a310d25a2a77c3d1ccfd2189dc4d57a.jpg 719df44694fe167ff526172459dff583 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB159 Title A name given to the resource Nadia Nerina and David Blair in Fille mal gardée Date A point or period of time associated with an event in the lifecycle of the resource 1960 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Fille mal gardée (Choreographic work : Ashton) Shows stage Shows costumes Creator An entity primarily responsible for making the resource Royal Ballet Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Nerina, Nadia - Dancer (Female) - Lise - Blair, David, 1932-1976 - Dancer (Male) - Colas - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/170f6c0512d98c06781807ab70c21ad9.jpg 242ab6becbcf001aef575cb728eb38e3 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB179 Title A name given to the resource Janet Reed Type The nature or genre of the resource Photographic prints Autographs Image Still image Creator An entity primarily responsible for making the resource New York City Ballet Description An account of the resource Shows costumes Subject The topic of the resource Ballerinas Reed, Janet, 1916-2000 - Dancer (Female) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/565a000346d86954c4e0ca5c9f1ca39f.jpg dc379668749b03beb38fd6357c5830d7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB049 Title A name given to the resource Anton Dolin Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Male dancers Dolin, Anton, 1904- - Dancer (Male) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/5501a85e271b787792e09fea7d928b6c.jpg 79868a7fd4b87f83dea5d000c9856d70 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB226 Title A name given to the resource Miguel Terekhov Type The nature or genre of the resource Photographic prints Image Still image Creator An entity primarily responsible for making the resource Ballet Russe de Monte Carlo Description An account of the resource Shows costumes Subject The topic of the resource Male dancers Terekhov, Miguel - Dancer (Male) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/750266cbc0914511b98e1d477034f06f.jpg 249ddc723be63eaaf00c264eb96568c4 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB282 Title A name given to the resource Performance of Bourrée fantasque by the New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1949 Type The nature or genre of the resource Photographic prints -- 1940-1950 Image Still image Description An account of the resource Bourrée fantasque (Choreographic work : Balanchine) Shows stage Shows costumes Creator An entity primarily responsible for making the resource New York City Ballet Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/fe1856633ae361962f63af5fe9114b7e.jpg 8c31bb9e79c4f35ad1371c6c32fe82e9 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB154 Title A name given to the resource Nadia Nerina Type The nature or genre of the resource Photographic prints Autographs Image Still image Creator An entity primarily responsible for making the resource Royal Ballet Description An account of the resource Shows costumes Subject The topic of the resource Ballerinas Nerina, Nadia - Dancer (Female) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/04e9e577e84e5bd0ec871e5701883dbd.jpg 723fd445e3766ba9a7d921bf6ab5235b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB143 Title A name given to the resource Yvonne Mounsey and Francisco Moncion in the Prodigal Son Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Prodigal son (Choreographic work : Balanchine) Shows costumes Creator An entity primarily responsible for making the resource New York City Ballet Subject The topic of the resource Ballet dancers Mounsey, Yvonne - Dancer (Female) - Siren - Moncion, Francisco - Dancer (Male) - Prodigal son - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/062fdfd557f498ad7ee50eb9c60d5353.jpg ef6f527993ce94f09a88e2e718e16417 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB258 Title A name given to the resource Performance of Petrouchka by the Royal Ballet Creator An entity primarily responsible for making the resource Wood, Roger Royal Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1957 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Petrouchka (Choreographic work : Grigoriev and Tchernicheva after Fokin) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/81d41926a5bc55a177a96bd2e21d8717.jpg 9dc722ac58baea8a6adc3fd6bfa6fd11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB279 Title A name given to the resource Performance of Agon by New York City Ballet Creator An entity primarily responsible for making the resource Fehl, Fred New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1957 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Agon (Choreographic work : Balanchine) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/251b031fc914029dfd39287c2eea8c7b.jpg 6b7b9212ce548cdbf053b223e92c589d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB151 Title A name given to the resource Mary Ellen Moylan as Odile, the Black Swan Creator An entity primarily responsible for making the resource Owen, Walter E., 1896-1963 Ballet Theatre (New York, N.Y.) Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Swan lake (Choreographic work). Black swan pas de deux Shows costumes Subject The topic of the resource Ballerinas Moylan, Mary Ellen - Dancer (Female) - Odile (Black swan) - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/695adf53c14ea2f753fffdd033bf1010.jpg 75e4e8be1822d55e6e6e0e44dcc509b1 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB213 Title A name given to the resource Maria Tallchief and Nicholas Magallanes in Allegro Brillante Creator An entity primarily responsible for making the resource Fehl, Fred New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1956 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Allegro brillante (Choreographic work : Balanchine) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Tallchief, Maria - Dancer (Female) - - Magallanes, Nicholas - Dancer (Male) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/00dfcec92d504cb1fcf4f931585965c2.jpg 79362d26ef66e9c0c343624b3463f1e0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB140 Title A name given to the resource Yvonne Mounsey as the Siren in the Prodigal Son Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Prodigal son (Choreographic work : Balanchine) Shows costumes Creator An entity primarily responsible for making the resource New York City Ballet Subject The topic of the resource Ballerinas Mounsey, Yvonne - Dancer (Female) - Siren - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/db8cb3497ec027d9743d693bd6144876.jpg 6bf8a05b9986ae9aceb6ebeebcca1545 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB199 Title A name given to the resource Michael Somes as Prince Siegfried and Rowena Jackson as Odette in Le Lac des Cygnes Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Swan lake (Choreographic work : Ashton and Sergeev, N after Ivanov and Petipa, M) Shows costumes Creator An entity primarily responsible for making the resource Sadler's Wells Ballet Subject The topic of the resource Ballet dancers Somes, Michael, 1917-1994 - Dancer (Male) - Prince Siegfried - Has Inscription Jackson, Rowena - Dancer (Female) - Odette, Queen of the Swans - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/5c65bad6a4e0ce41c2dfcf27d2842984.jpg aea1918968608b1d32aef6e50af6db31 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB117 Title A name given to the resource José Limón, Pailine Koner, Lucas Hoving, and Betty Jones in The Moor's Pavane Date A point or period of time associated with an event in the lifecycle of the resource 1949 Type The nature or genre of the resource Photographic prints -- 1940-1950 Image Still image Description An account of the resource Moor's pavane (Choreographic work : Limón) Shows costumes Creator An entity primarily responsible for making the resource José Limón Dance Company Subject The topic of the resource Ballet dancers Limón, José - Dancer (Male) - Moor (Moor's Pavane) - Koner, Pauline - Dancer (Female) - Moor's wife - Hoving, Lucas - Dancer (Male) - Moor's friend - No Jones, Betty - Dancer (Female) - Moor's friend's wife - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/7893f62ff7b8b03a97d5ce262bf7fb11.jpg 04b491cc63fbf8429da860ce8cfdfaa2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB182 Title A name given to the resource Jerome Robbins as the Prodigal Son Creator An entity primarily responsible for making the resource Carswell, Ed New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1950 Type The nature or genre of the resource Photographic prints -- 1940-1950 Image Still image Description An account of the resource Prodigal son (Choreographic work : Balanchine) Shows costumes Subject The topic of the resource Male dancers Robbins, Jerome - Dancer (Male) - Prodigal son - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/137e0573a3e9b39a8f96ccddad7ab942.jpg 4f7008e3a8a3a1da67a212d72618d107 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB291 Title A name given to the resource Performance of The Nutcracker by the New York City Ballet Creator An entity primarily responsible for making the resource Fehl, Fred New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1954 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Nutcracker (Choreographic work : Balanchine after Ivanov) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/e5703623af3483db80aa6a7cbeb99f57.jpg 7b32c1d95d669a3abe861dd35f04e9c3 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB188 Title A name given to the resource Lupe Serrano and John Kriza in Designs with Strings Creator An entity primarily responsible for making the resource Seymour, Maurice, 1904- Ballet Theatre (New York, N.Y.) Date A point or period of time associated with an event in the lifecycle of the resource 1956 Type The nature or genre of the resource Photographic prints -- 1950-1960 Autographs Image Still image Description An account of the resource Designs with strings (Choreographic work : Taras) Shows costumes Subject The topic of the resource Ballet dancers Serrano, Lupe - Dancer (Female) - - Has Inscription Kriza, John - Dancer (Male) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/40210e3171695f70dd9b88e983fc2a0f.jpg 82258debcdab873c89dd92a9f3149ced Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB069 Title A name given to the resource Margot Fonteyn and Michael Somes in La Péri Creator An entity primarily responsible for making the resource Rogers, Houston Sadler's Wells Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1956 Type The nature or genre of the resource Photographic prints -- 1950-1960 Autographs Image Still image Description An account of the resource Péri (Choreographic work : Ashton) Shows costumes Subject The topic of the resource Ballet dancers Fonteyn, Margot, Dame, 1919- - Dancer (Female) - Péri - Has Inscription Somes, Michael, 1917-1994 - Dancer (Male) - Iskender - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/65e9920fd428fabd43eeffa005e72211.jpg 55b4cdc7154109b49d2ad05057783411 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB052 Title A name given to the resource Anton Dolin and Alicia Markova Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Ballet dancers Dolin, Anton, 1904- - Dancer (Male) - - Has Inscription Markova, Alicia, Dame, 1910- - Dancer (Female) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/a07241430a5564f256aadacc25da7651.jpg 249fbdcd9e06f59f446b718df26700da Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB174 Title A name given to the resource Merle Park as Lise in La Fille Mal Gardée Date A point or period of time associated with an event in the lifecycle of the resource 1960 Type The nature or genre of the resource Photographic prints -- 1950-1960 Autographs Image Still image Description An account of the resource Fille mal gardée (Choreographic work : Ashton) Shows stage Shows costumes Creator An entity primarily responsible for making the resource Royal Ballet Subject The topic of the resource Ballerinas Ballet -- Stage setting and scenery Park, Merle - Dancer (Female) - Lise - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/df23ba77f15f9126164d8861828be687.jpg 42b44977cec4180867c328c8e613c371 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB055 Title A name given to the resource André Egelvsky Creator An entity primarily responsible for making the resource Seymour, Maurice, 1904- Date A point or period of time associated with an event in the lifecycle of the resource 1954 Type The nature or genre of the resource Photographic prints -- 1950-1960 Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Male dancers Eglevsky, André - Dancer (Male) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/34b4d91787c10789367e67d32f45cf47.jpg 5407617e747fb7e3b14294cc364427ff Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB253 Title A name given to the resource Performance of Bodas de Sangre (Federico García Lorca's Blood Wedding) at the Teatro Colón, Buenos Aires Date A point or period of time associated with an event in the lifecycle of the resource 1956 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Bodas de sangre (Choreographic work : Gades) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/3189bc0d3816b4f894072bf022c0df30.jpg b74c1e67b15265295a9d7a270a11f414 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB294 Title A name given to the resource Performance of Orpheus by the New York City Ballet Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Orpheus (Choreographic work : Balanchine) Shows stage Shows costumes Melissa Hayden or Maria Tallchief as Eurydice? Creator An entity primarily responsible for making the resource New York City Ballet Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/414aeca6a212973313db54fcabee03cc.jpg e9c02b08acdc77248de756580638d4f5 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB021 Title A name given to the resource Svetlana Beriosova and David Blair in Prince of the Pagodas, Act. II, scene ii Creator An entity primarily responsible for making the resource Jones, Anthony Armstrong Royal Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1957 Type The nature or genre of the resource Photographic prints -- 1950-1960 Autographs Image Still image Description An account of the resource Prince of the pagodas (Choreographic work : Cranko) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Beriosova, Svetlana, 1932- - Dancer (Female) - Princess Belle Rose - Has Inscription Blair, David, 1932-1976 - Dancer (Male) - Salamander Prince - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/11f150b11ba2480365280ea1aca1ef1c.jpg 755db5865c20003e602947ec259f6aa9 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB166 Title A name given to the resource Annette Page as Odette and Ronald Hynd as Siegfried in Le Lac des Cygnes Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Swan lake (Choreographic work : Ashton and Sergeev, N after Ivanov and Petipa, M) Shows costumes Creator An entity primarily responsible for making the resource Royal Ballet Subject The topic of the resource Ballet dancers Page, Annette - Dancer (Female) - Odette, Queen of the Swans - Has Inscription Hynd, Ronald - Dancer (Male) - Prince Siegfried - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/e22677e264e88e7a9ea94865047c9362.jpg cb0ecd47ac801586ae24a4b203d51d35 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB229 Title A name given to the resource Antony Tudor Creator An entity primarily responsible for making the resource Kesslère, G. Maillard (George Maillard) Ballet Theatre (New York, N.Y.) Date A point or period of time associated with an event in the lifecycle of the resource 1955 Type The nature or genre of the resource Photographic prints -- 1950-1960 Portrait photographs -- 1950-1960 Autographs Image Still image Subject The topic of the resource Choreographers Tudor, Antony, 1909-1987 - Choreographer - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/017767ba213e2464db07682a0e2721a0.jpg 6d035cf5f449ee4234cc5644f560c349 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB013 Title A name given to the resource Alicia Alonso and Ygor Youskevitch in Giselle Creator An entity primarily responsible for making the resource LeBlang, Sedge Ballet Theatre (New York, N.Y.) Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Giselle (Choreographic work : Dolin after Coralli and Perrot) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Alonso, Alicia, 1921- - Dancer (Female) - Giselle - Has Inscription Youskevitch, Igor, 1912-1994 - Dancer (Male) - Albrecht - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/bf34e086780de19d274a1fb7cda30c02.jpg 51021cae0021af722618290ad899380c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB092 Title A name given to the resource Nora Kaye Creator An entity primarily responsible for making the resource Seymour, Maurice, 1904- Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Ballerinas Kaye, Nora, 1920-1987 - Dancer (Female) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/d440f6e0cc4d8c3301aae83a4878701e.jpg 49923732c80e27a651202cbfbbb79d8e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB288 Title A name given to the resource Performance of Divertimento No. 15 by the New York City Ballet Creator An entity primarily responsible for making the resource Fehl, Fred New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1956 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Divertimento no. 15 (Choreographic work : Balanchine) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/169effc6b59ebab845d245ee1fe4066c.jpg efd3dfb784db588ddab46d08ef2ec45d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB274 Title A name given to the resource Performance by Moiseyev Dance Company, with soloist A. Borzov in Vesnyanki Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Vesnyanki (Choreographic work : Moiseyev) Shows stage Shows costumes Creator An entity primarily responsible for making the resource Gosudarstvennyi ansambl' narodnogo tantsa Soiuza SSR Subject The topic of the resource Male dancers Ballet -- Stage setting and scenery Borzov, Anatolii - Dancer (Male) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/24b3e8b7985f0ad4818bdc369b80986f.jpg fa4e173ecd8e5d4fcfb1a3059c7c7c72 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB134 Title A name given to the resource Ruth Mata and Eugene Hari Creator An entity primarily responsible for making the resource Seymour, Maurice, 1904- Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Dancers Mata, Ruth - Dancer (Female) - - Has Inscription Hari, Eugene - Dancer (Male) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/2176c3dec9af6694cd6ad71485433f46.jpg 0bf932db0d14e1e939bda09a384fe285 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB024 Title A name given to the resource Herbert Bliss and Diana Adams in Western Symphony Date A point or period of time associated with an event in the lifecycle of the resource 1954 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Western Symphony (Choreographic work : Balanchine) Shows costumes Creator An entity primarily responsible for making the resource New York City Ballet Subject The topic of the resource Ballet dancers Bliss, Herbert - Dancer (Male) - - Adams, Diana - Dancer (Female) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/5479e32a850a9aa1b6e5fedcbcb6365e.jpg e95010480b05b4ae57e6d6d34263753d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB146 Title A name given to the resource Yvonne Mounsey and Francisco Moncion in the Prodigal Son Creator An entity primarily responsible for making the resource Wood, Roger New York City Ballet Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Prodigal son (Choreographic work : Balanchine) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Mounsey, Yvonne - Dancer (Female) - Siren - Moncion, Francisco - Dancer (Male) - Prodigal son - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/a2996b8e0e2476b11ba4ab7f6458f969.jpg 28f8dd0d1aaab79e3b49e36a7e869b3f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB185 Title A name given to the resource Lupe Serrano Type The nature or genre of the resource Photographic prints Autographs Image Still image Creator An entity primarily responsible for making the resource Ballet Theatre (New York, N.Y.) Description An account of the resource Shows costumes Subject The topic of the resource Ballerinas Serrano, Lupe - Dancer (Female) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/293e440a787b209f79dca8896ebaee66.jpg d807053d083583d2edb45d88b39b2b2e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB030 Title A name given to the resource Oleg Briansky Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Male dancers Briansky, Oleg - Dancer (Male) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/c900862ff9c15841560179789183a3e6.jpg 5ddda11699727e17e4906a95110858fa Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB120 Title A name given to the resource Anya Linden (Sainsbury) as Princess Aurora in Sleeping Beauty Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Sleeping beauty (Choreographic work : Ashton and Sergeev, N after Petipa, M) Shows costumes Creator An entity primarily responsible for making the resource Royal Ballet Subject The topic of the resource Ballerinas Sainsbury, Anya - Dancer (Female) - Princess Aurora - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/ba7ed43368ceb3a60982e4ebcd5e865e.jpg dae99d72a787cba5077d36bfde7f9530 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB038 Title A name given to the resource Yvonne Chouteau Type The nature or genre of the resource Photographic prints Image Still image Creator An entity primarily responsible for making the resource Ballet Russe de Monte Carlo Description An account of the resource Shows costumes Subject The topic of the resource Ballerinas Chouteau, Yvonne - Dancer (Female) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/bf48e7846dabbc4af31527c8d586ee48.jpg b98fe304fdc1ba9e5b55540fb1301267 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB169 Title A name given to the resource Ruth Page in Birthday of the Infanta Creator An entity primarily responsible for making the resource Daquerre, Chicago Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Birthday of the infanta (Choreographic work : Bolm) Shows costumes Subject The topic of the resource Ballerinas Page, Ruth, 1899-1991 - Dancer (Female) - Infanta - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/997522c5b4d505469ea887920b66d23c.jpg 8a2a08338fb08fea18ab3cbbe12de6e1 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB089 Title A name given to the resource Rowena Jackson and Michael Somes in Le Lac des Cygnes Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Swan lake (Choreographic work : Ashton and Sergeev, N after Ivanov and Petipa, M) Shows costumes Creator An entity primarily responsible for making the resource Sadler's Wells Ballet Subject The topic of the resource Ballet dancers Jackson, Rowena - Dancer (Female) - Odette, Queen of the Swans - Has Inscription Somes, Michael, 1917-1994 - Dancer (Male) - Prince Siegfried - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/cce7137150b1ac47513dd3cf8164028f.jpg d10f76f99fb34482d11badbb3b7066f4 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB075 Title A name given to the resource Frederic Franklin and Mia Slavenska in Streetcar Named Desire Date A point or period of time associated with an event in the lifecycle of the resource 1952 Type The nature or genre of the resource Photographic prints -- 1950-1960 Autographs Image Still image Description An account of the resource Streetcar named desire (Choreographic work : Bettis) Shows stage Shows costumes Creator An entity primarily responsible for making the resource Slavenska-Franklin Ballet Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Franklin, Frederic, 1914- - Dancer (Male) - Stanley - Has Inscription Slavenska, Mia - Dancer (Female) - Blanche - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/ab6657411c2382964203c7b283e0babc.jpg 4ec3829d7212ed6ee12c76926c59e2cc Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB157 Title A name given to the resource Nadia Nerina as the Faded Beauty and Leslie Edwards as the Hypnotist in Noctambules Creator An entity primarily responsible for making the resource Dunne, Michael Sadler's Wells Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1956 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Noctambules (Choreographic work : MacMillan) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Nerina, Nadia - Dancer (Female) - Faded beauty - Edwards, Leslie, 1916-2001 - Dancer (Male) - Hypnotist - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/12b69eaf5d2a32c649a37bb19d0dccc7.jpg 5d247d2362f78d020482a821741c69c1 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB027 Title A name given to the resource Todd Bolender in Western Symphony with unidentified female dancer Creator An entity primarily responsible for making the resource Bascome, Radford New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1954? Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Western Symphony (Choreographic work : Balanchine) Shows costumes Subject The topic of the resource Ballet dancers Bolender, Todd - Dancer (Male) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/6d80e90c297b9e7c75c20aefceafd09c.jpg 588d047405e8f3e2dca7c36708718a94 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB003 Title A name given to the resource Diana Adams and Andre Eglevsky Creator An entity primarily responsible for making the resource Unidentified Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Ballet dancers Adams, Diana - Dancer (Female) - - Has Inscription Eglevsky, André - Dancer (Male) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/766eaf4b7a8a3402af75a3eedd2aaeb9.jpg 5efb66246cdce407a4c3b1bfab946801 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB218 Title A name given to the resource Maria Tallchief and Francisco Moncion in The Firebird Date A point or period of time associated with an event in the lifecycle of the resource 1949 Type The nature or genre of the resource Photographic prints -- 1940-1950 Image Still image Description An account of the resource Firebird (Choreographic work : Balanchine) Shows costumes Creator An entity primarily responsible for making the resource New York City Ballet Subject The topic of the resource Ballet dancers Tallchief, Maria - Dancer (Female) - Firebird - Moncion, Francisco - Dancer (Male) - Ivan Tsarevitch - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/221b224af0833977eb29d7f6cafaa74c.jpg ec6c5878368faa443782fe082ca3cd9e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB191 Title A name given to the resource Ted Shawn Creator An entity primarily responsible for making the resource Witzel Type The nature or genre of the resource Photographic prints Autographs Image Still image Description An account of the resource Shows costumes Subject The topic of the resource Male dancers Choreographers Shawn, Ted, 1891-1972 - Dancer (Male) - - Has Inscription Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/7ce96d9e8ce0c282c544b2dcaa015ff5.jpg ac03fe7d1417c40897191fcf12d445ff Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB061 Title A name given to the resource Margot Fonteyn portrait Type The nature or genre of the resource Photographic prints Portrait photographs Image Still image Creator An entity primarily responsible for making the resource Sadler's Wells Ballet Subject The topic of the resource Ballerinas Fonteyn, Margot, Dame, 1919- - Dancer (Female) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/bc37f934f0e6e2bf36dbd86056323ef0.jpg e441a5a1fd64aa00687ac5dea5dbd543 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB163 Title A name given to the resource Nina Novak Type The nature or genre of the resource Photographic prints Image Still image Creator An entity primarily responsible for making the resource Ballet Russe de Monte Carlo Description An account of the resource Shows costumes Subject The topic of the resource Ballerinas Novak, Nina - Dancer (Female) - - Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/c24aa42d6d0f4e83d13a39c49afe9dd8.jpg f5c0cdc798e2a85d9b456483ce9f49e1 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB285 Title A name given to the resource Performance of Concerto Barocco by the New York City Ballet Creator An entity primarily responsible for making the resource Wood, Roger New York City Ballet Date A point or period of time associated with an event in the lifecycle of the resource 1951 Type The nature or genre of the resource Photographic prints -- 1950-1960 Image Still image Description An account of the resource Concerto barocco (Choreographic work : Balanchine) Shows stage Shows costumes Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). https://digital.lib.buffalo.edu/files/original/f97fc9dd2f6160195516be72936282cf.jpg f53eef8084824b782ef779c99cb94f5a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Perry Ballet Photographs Description An account of the resource <div> <p>The J. Warren Perry Collection of Ballet Photographs, ca. 1910-1960 is a complement to the J. Warren Perry Collection of Photographs, ca. 1910-1971. It consists of 300 black and white photographs of many of the most significant ballet dancers and choreographers of the mid-twentieth century, especially the 1950s. Included in the collection are photographs of Alicia Alonso, Sir Frederick Ashton, George Balanchine, Jacque D'Amboise, Agnes DeMille, Anton Dolin, André Eglevsky, Margot Fonteyn, José Greco, Melissa Hayden, Nora Kaye, John Kriza, Francisco Moncion, Yvonne Mounsey, Nadia Nerina, Ruth Page, Jerome Robbins, Maria Tallchief, Galina Ulanova, and Igor Youskevitch. Many of the photographs bear inscriptions from the dancers to Dr. Perry.</p> <p>The collection also contains the photographic work of the most important dance photographers of the first half of the twentieth century, including Herman Mishkin, Witzel, Maurice Seymour, Fred Fehl, Roger Wood, Houston Rogers, Martha Swope, Michael Dunne, George Platt Lynes, and Walter E. Owen.</p> <p>Complete details about the collection and a brief biography of Dr. Perry can be found in the <a href="http://purl.org/net/findingaids/view?docId=ead/music/ubmu0003_2.xml">finding aid</a> for the collection.</p> </div> Identifier An unambiguous reference to the resource within a given context LIB-MUS010 Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Publisher An entity responsible for making the resource available Music Library State University of New York at Buffalo Identifier An unambiguous reference to the resource within a given context Mus. Arc. 3.2 JWPB266 Title A name given to the resource Performance of Romeo and Juliet by the Bolshoi Ballet Type The nature or genre of the resource Photographic prints Image Still image Description An account of the resource Romeo and Juliet (Choreographic work : Lavrovskii) Shows stage Shows costumes Creator An entity primarily responsible for making the resource Bol'shoi teatr SSSR. Balet Subject The topic of the resource Ballet dancers Ballet -- Stage setting and scenery Contributor An entity responsible for making contributions to the resource Perry, J. Warren Rights Information about rights held in and over the resource <a href="https://library.buffalo.edu/music/about/copyright.html">Copyright Statement for Digitized Materials from the Music Library</a> <a href="https://rightsstatements.org/vocab/InC/1.0/">IN COPYRIGHT</a>. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s).