New york law school reporter, vol 12, no 2, april 1995

Kudos for the Wagner NYLS's Nineteenth Annual Robert F. Wagner, Sr., National Labor Law Moot Court Competition was a tremendous success.

The preliminary rounds were held here at the law school on Thursday and Friday, March 16-17. Each team argued in three preliminary rounds in order to determine who would advance in the competition. The octo-final, quarter-final, and semi-final rounds were held on Saturday, March 18, at the Federal Courthouse at 40 Centre Street.

This year's Wagner fact pattern was authored by students Sonja Fritts and Laura McGinn, and concerned an employee at a brewThe final round was held in the ErnstSteifel ery who was passed over for promotion due to his effeminate Reading Room on characterisSunday, March tics. The first 19. The prestiissue pregious final round sented was bench consisted whether the of the Hon. employer and Raymond J. the union disDearie, of the c rim in ate d United States against the District Court for employee in the Eastern Disviolation of trict of New Title VII. The York; the Hon. second issue Randy Levine, presented was Commissioner of whether the the New York union vioCity Office of LaThe esteemed panel judges the final round of the Wagner lated its duty bor Relations; Competition in the Steifel Reading Room on March 19. of fair repreJohn Neil sentation to Raudabau gh, a the employee when it refused to take his griev- Chicago attorney and former member of the ance with the employer to arbitration. The final National Labor Relations Board; the Hon. Daniel round judges, as well as many of the three- Silverman, former General Counsel and current hundred-plus judges of earlier rounds, com- Regional Director, Region II, of the National mented that they were very impressed with the Labor Relations Board; the Hon. JosephE. Irenas, quality of the fact pattern and the issues pre- of the United States District Court for the District sented. of New Jersey; the Hon. Paul Steven Miller, Commissioner of the Equal Employment OpMichelle Goldman and Preeti Singh were portunity Commission; Theodore Sachs, partthe organizers of the entire competition. Their ner in a prominent union-side labor law firm; the duties included scheduling rounds, obtaining Hon. James M. Stephens, former chairman and judges, making catering arrangements, and en- present member of the National Labor Relations suring that everything ran smoothly. They were Board; and NYLS Professor Nadine Strossen, successful in their endeavors as the many alunmi President of the American Civil Liberties Union. and practicing attorneys who participated as judges commented positively about the overall experience.

Continued on page 5

BLSA Diaspora Conference The Black Law Students Association brought Black History Month to an enlightened close on February 28, 1995, with its annual Diaspora Conference.

This year's conference addressed racial gerrymandering. The panel included Dayna L. Cunningham, Program Officer for the Rockefeller Brothers Fund and author of Who Are To Be The

Electors-A Reflection on the History of Voter Registration in the United States, 9YALBL. &PoL'YREv. 370 (1991); Jacqueline A. Berrien, Assistant Coun-

sel for the NAACP Legal Defense and Educational Fund, specializing in voting rights law; and Professor Randolph Scott McLaughlin of Pace University School of Law .

During the Diaspora Conference, BLSA honored Professor Allen Hammond for being the first Professor of Color to obtain tenure at NYLS. Professor Hammond spoke briefly about electronic redlining and the lack of a computer culture in minority communities. Professor Hammond mentioned a number of efforts currently underway to expand knowledge, technical expertise, and access to the Internet. However, it is unfortunate that, even in 1995, people of African descent in America are still struggling and fighting to enter the prestigious disciplines of this society.

Dayna L. Cunningham addressed the issue of majority-minority Congressional districts organized solely on race. Cunningham emphasized that race only became an issue in 1990 when African-Americans focussed on Black Political Empowerment. Opponents of Black Political Empowerment, under the misconception that African-Americans only vote for people of African descent in their districts, are presently attempting to ensure that there are no AfricanAmerican controlled Congressional districts.

Continued on page 7

New York Law School

Reporter

Strossen Defends Pornography Il:1U ldlllilll'l!ti:elli.il::1zl j not b~:~~J1~~~~P~:=~

longer be able to serve the gay community because the censorship will eventually force the store to close its doors.

NadineStrossen's recent discussion about her new book, DEFENDING PORNOGRAPHY: FREE SPEECH, SEX AND 1HE FIGHT roR Wo MEN's R.!GIITS, the word cannot be dismissed as merely dirty and disgusting either.

Presently pornography and obscenity are in no way the same in the United States; however, if obscenity laws are changed or amended, the repercussions may be similar to those felt in Canada, Strossen said.

There is a significant movement, especially among anti-pornography feminists, to censor pornography, the NYLS Professor and national President of the ACLU told about 100 students gather e d in the Steifel Reading Room on M arch 2nd. The danger is that censorship not only threatens First Amendment freedoms bu t also gives those in power a too l to use a gainst the unempowered, Stro ssen said .

While the goal of anti-pornography feminists ma y be to stop violence and discrimination a g ainst women, regulation will only give tho se in power the discretion to decide what is pornographic and who is engaging in p o rnographic activity, Strossen said. This p o wer will undoubtedly adversely affec t other groups, such as the hom osexual community, she said.

Even as the law stands today, gay and lesbian lifestyles are attacked.

Recently, a woman was denied custody of her child simply because she was a lesbian. In 1989, the Maplethorpe art exhibit, which displayed the sexual growth and homosexual preference of the artist, led to an outcry by conservative legislators such as Senator Jesse Helms. Such legislators also continuously try to control or limit government funding to the National Endowment of the Arts based on what some consider inappropriate or provocative displays.

In addition, the effort to suppress pornography by some feminists and legislators has muddled the definition of pornography. According to these groups, Strossen said, the term denotes sexually graphic expressions that are degrading and dehumanizing. By contrast, WEBSTER'S DICTIONARY defines pornography as words or pictures that are sexually arousing.

~

"I think history shows, any censorship - inclu d ing measures that allow supProfessor Nadine Strossen pression of sexual expression - has alway s been used disproportionately to the disadvantage of those who are relatively unpopular, relatively powerless Jay Laubscher is co-president of The Lesbian and Gay Law Students and, unfortunately, that includes the lesbian and gay community," she Association, the group that sponsored the event. He touts Strossen as a said. leader in the movement to curtail censorship and fight the anti-pornography feminist movement. "There is a group of feminists who feel pornogDEFENDINGPORNOGRAPHY, Strossen said of her book, is about giving raphy is bad and promotes discrimination against women," Laubscher peop le the .fre edom to choose what is appropriate and not have those in said. "She's [Strossen] put forth a book against that movement, which refutes the argument that we can't have pornography and freedom of pow er make the decision for everyone. expression at the same time."

Mohan Sharma, who is a first year law student from Toronto, has What impressed first year law student Lisa Schatz was that the proalrea dy seen the effects of such censorship in Canada. Since the Supreme Court in Cana da added the words "degrading and dehumanizing" to the pornography message came from a woman. "I think it's revolutionary. I definition of obscenity, gay and lesbian materials coming across the think generally women are against pornography. To hear her defend it bord er are be ing censored. As a result, there has been an adverse economic was pretty thought provoking." Schatz, who considers herself a feminist, impa ct on so m e gay and lesbian businesses, Sharma said. Giladdain, a divides pornography into two groups - hard and soft porn. Although it well-establish ed resource center and bookstore in Toronto, fears it will no is the former she would like to see suppressed, she said she was optimistic that this can be done without hurting minority and unempowered groups.

Journalislll Workshop Studying law opensmanydoors, butknowing h ow towritewell opens evenmore. Alawyer wh o writes well can get a job not only in the legal profe ssion, b u t also in journalism.

Writing a good article, from interviewing to p u blication , was the subject of the Reporter's Journalism W orkshop of March 4, 1995. The workshop w as presented by Donna De La Cruz, a News Corre spondent for seven years with the Associated P r ess. Her job is to get the major news of the d ay and write the stories. Then the Associated P r ess feeds these stories to newspapers, TV statio ns, and radio stations all over the world Whethe r you write a commentary or an article, "resp o nsible reporting should be accurate and fair," said De La Cruz. It may contain your opinion , but should be supported by facts.

It sh o uld also contain both sides of the story and be objective.

Once you finish an interview or attend an event, you are ready to write the article. This may sound easier than it is. In fact, most of us have, at one time or another, experienced writer's block. De La Cruz suggests that one way to avoid this is to write the background first. However, it isimportanttorememberthatyoudonothaveto include all the information you have or everybody you interviewed. Use only the best parts of the interview and just enough background information to let the reader know what you are talking about.

After editing for style and clarity, edit for grammar, punctuation, and mechanics. "It helps to start from the bottom," De La Cruz said. Legal Writing professors also say that the best way to edit is to check for one thing at a time. In addition, the more you edit, the better your article will be. Therefore, edit as much as possible.

Finally, write the "lead." A lead is the first paragraph of an article; it should grab the reader's attention. The lead combined with the headline should tell what the s tory is about without being misleading.

If you are interested in the details of the workshop, a video is available in the Reporter office. The school also offers several writing classes. (I recommend one in particular: "Writing Skills for Lawyers" usually taught by Professor Lieberman). Another excellent way to improve your writing is to write or edit for the

Once you finish your first draft, the editing process begins. A good article should be edited several times before submission and a few more times before publication. Leave it aside for some time; then go back to it and read it through.

Rearrange it if necessary, so that it flows better.

APRIL 1995

De La Cruz also said that lawyers interested in non-legal careers should consider journalism. Newspapers usually favor those with a legal background over those without it.

Reporter.

Writing is not easy, but the more you do it, the easier it gets!

New York Law School

REKHA BRAHMBHATI

Editor-in-Chief RHONDA BASSAT

Managing Editor ANJAU SINGHAL

Copy Editor JosHUA BRINEN Layout Editor GLORIA AGUIRRE

3

Editor's Note

New York Law School

Reporter

Reporter

The April issue of the Reporter is finally here!_ This issue is a general compilation of school events and national commentaries. I would like to point you in the direction of the article about Nadine Strossen on page 2, and NAPALSA's trip to Los Angeles for their conference on page 17. On the front page, Moot Court's Wagner Competition and BLSA's Diaspora Conference are of special note. The Reporter's Journalism Workshop, near and dear to my heart, is well-represented on page2.

On the national scene, Bryan Solomon's commentary about Welfare (p. 11) and our sports pages (p. 18-19) are definitely insightful - if not inflammatory! Speaking of blunt language, the editorial pages (p. 12-13) comprise such topics as the Valentine's issue, Professor Cuevas, and Moot Court.

For your information, our Movie Critic is graduating this year.

Anyone interested in taking over this column is invited to submit a review of any movie, for selection purposes only, by April 24th.

Staff Editor E. DAvm GouIRAN VLADIMIR VIZNER

Columnists KIMBERLY AUERBACH

VALERIE ARMSTRONG-BARROWS Scorr GomsTEIN

Since this is my last issue as Editor-in-Chief (officially), I want to thank all of my hard-working staff members who made my tenure memorable. I hope that you have enjoyed reading theReporter, and that the articles next year become even more diverse.

Special thanks to Dale Tarzia for all his help with layout this month.

Also, Sonny Dave's support has been invaluable. And of course, a special thanks for the patience of the security guards during layout.

HOUDAY HABER CHRIS

wALDRON

MA.RcWIGDER

Writers

Rekha Brahmbhatt, Editor-in-Chief

OMBUDSMAN

Ombudsman Rul'l S. BADWAL JAMES P. HORAN MICHAEL Wooo Editors Emeritus

APRIL 1995

4

New York Law School

Reporter

For spices, for pleasure, for rulll, or for treasure Commentary by Joshua D. Brinen '97 Allow me to preface this article with a quick, simple disclaimer. I write this column as a felon who should be taken down to 500 Pearl Street and charged with a violation of 18 U.S.C. § 1651 (5).

Editors: But what does that statute mean?

I know you Senior Editors are winding down your last year in this esteemed establishment of the law, but get off your bar stools and look it up! In any event, I am not ashamed and . I am not repentant. My sentence, as guided by the Federal Sentencing Guidelines should be: Criminal Category 1 (first offense) Offense Level 36 (most serious offense)

Me: Who' s fault is that? Besides, a superiority complex is one of the advantages of a Manhattan address.

Another tell-tale sign of Spring is my friends. Long gone are the days when they would not, could not, or were "too tired" to come visit, and my weekends were spent flirting with the books. I should have known that when I extended my usual offer and did not receive their gracious decline that I was in trouble with a capital "T." But as my hero has often said, "the trouble with trouble is it starts out as fun." And believe you me, the fun has just started.

The whole chain of events began when the manager of my favorite Italian restaurant invited me out for a romp on the town. Granted, his thick accent smothered his English as it warbled out from behind his goatee. Suave E.

Editors: (Plus 2 for being a lousy lL ....)

Sentencing Range: 24 months to 24 years.

If you put anything through those guidelines, you get that result. Hefty penalty (for piracy), but I do not care. Allow me to explain why.

Thirteen has always been my lucky number. It figures that on the thirteenth day of March everything would make sense to this thickheaded boy from New York. Do you know why all this weird stuff has happened to me over the last two weeks?

"Editors: ... why you, of all people, are so happy, 1L? Are you in love? Are you dating someone? Or are you just having cheap, tawdry, steamy affairs?"

Editors: What weird stuff? You mean sobriety?

Not sobriety. Granted, I have endeavored, but like all matters, success is a relative term. The stuff I am speaking of is luck, love, and a general good feeling about life. Sickening as it may sound, I am whistling on my way to work. I am cheery. Why? Spring is springing. Didn't you notice? Haven't you started to give in to those impulses? Isn't your mood picking up? Haven't your studies fallen down? It's Spring. And it is springing.

Peligroso wanted me to meet his lady "friend" who works at this "place." I am normally quite suspicious of descriptions with quotes around them. But I decided to go anyway. What could ithurt? Whocouldithurt? Answer: Meandmy poor brain. Please note: my going may be marked as Mistake Number One for evidence purposes. You see, I had a nice time.

Editors: IL, you really need to get some fresh air.

Editors: Heaven forbid that a IL have a life outside of school. I think it's against school policy.

You'd better ask Helena ....

It's not really my fault, though. For the last four years, when Spring sprung I was at school in Wherein, Pennsylvania.

because I went again. And met Kirsty. And again and met Erin. And again and met Laura.

And again and met Risa. And again and met Danielle. And again and met Denise. Not being miserable is expensive and habit forming.

And that is why on this day I have decided to fly the Joily Rodgers. On the thirteenth day of March, while sitting here on the porch of a little cafe on West Broadway when I should be with my legal writing partner, I am writing an article thatisnotall that funny asitis positive (breathe!), andbecauseofthis,Iamshowingmytruecolors.

I have decided to fly the flag. The time has come to violate 18 U.S.C. § 1651 (5). What is this statute? What flag? Does it matter to you?

Probably not. But it matters to me.

Editors: Explain the statute, please ....

To me, it is the spirit and the romance that the violation of that statute weaves in my mind.

In its infancy, New York was infested by my brothers in crime. In fact, it was once ruled by one such criminal. But the letters of mark and reprisal have cut down one of the most seminal industries of New York. Perhaps it is time we reject and repeal this law and try to live our lives like our predecessors did in the time of Peter Stuyvesant. Maybe Spring is a time when we should not be so fast-tracked for the fast track.

Maybe in Spring it is enough just to be at peace with one's self and just enjoy.

What does all this mean? lt is Spring. Put down the Criminal Law. Put down the Gilberts and the Emanuels. Put Contracts away. Just for a warm Spring night. Go out and express Spring.

I would highly advise you to do so.

Editors: You have got to finish and let us know why you, of all people, are so happy, IL? Are you in love? Are you dating someone? Or are you just having cheap, tawdry, steamy affairs? Don't leave us waiting!

If silence is golden, the trick of life is knowing when to make your fortune and when to spend it. See you in May ....

PS. Personal to Devouring Beast: Friendship is like red wine- it gets betterwithage. Love is like white wine. Drink up before it turns to vinegar.

"Having a nice time'~ is dangerous to a law school career. Especially in the first year. I should be dediEditors: Is that anywhere near Intercourse? cated. I should I be persistent.

I Spring was palpable there. Snow melted, Hell, I should be ' rain warmed up, the cow tipping season began, miserable. But I • IMPROVE YOUR STUDY SKILLS· and you had an annoying robin chirping outside am not and your window, until you pelted him with a sharp therein lies the • IMPROVE YOUR GRADES rock. You knew it was that time again. And of r.ub.

Which, course, the frat boys reminded you that it was oddly enough, • ONE ON ONE TUTORING that time by throwing a party with the word explains a great • HELP WITH PAPER WRITING "Spring" in the title. deal about what happens to meat • HELPWITHSTUDYSKILLS In Manhattan, the signs are different. The this "place" with dog piss melts. The bums begin to ripen. And Suave's "friend." the first jumper of Spring stopped traffic on Park At any rate, I am Avenue South as he climbed out onto his office not miserable ledge. It's New York's way of telling you in because I genergrand strokes that Spring is here and it is time to ally drink for free CALL THE LAW TUTORIAL SERVICE party. Granted, the other boroughs may be dif- since Suave's friend" thinks I ferent, but who cares. ama cutie. And I OR Editors: What? Who cares? We live in Jersey! am not miserable

GET AN EDGE

t·.

,.

FOR AN APPOINTMENT OR MORE INFORMATION

(516) 485-5133 (212) 886-5427

II

APRIL 1995

New York Law School

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5

Wagner • • •

BAR/BRI

Continued from page 1

IS PLEASED TO HAVE AWARDED MORE THAN

The judges asked many difficult and insightful questions and all the competitors performed with excellence under their heavy fire. After the final round was over, the judges complemented each of the competitors on their abilities.

The Wagner is an intermural competitignsponsored by the NYl.S Moot Courfl\ssociation, and is the onlynationallabor law competition. Thirtyeight schools from across the country participated in this year's competition.

"The Wagner is an intermural competition sponsored by the NYLS Moot Court Association, and is the only national labor law competition."

600 FINANCIAL AID SCHOLARSffiPS

The Moot Court Association would like to thank the The Unicompetitors, the members of versity of Texas won the compethe faculty and ti tion, and the staff who award for best fihelped with the nal round oralist competition, was given to and those StevenM Collins alumni, judges, from Detriot College of Law. and attorneys who gave their valuAwards also went to Detroit Col- able time to participate as judges. lege of Law for second place, the The Wagner competition brings BAR REVIEW University of Cincinatti for third many members of the legal complace, Southern Methodist Univer- munity to NYLS and the success of PROUD SUPPORTER OF LAW STUDENTS NATIONWIDE sity for fourth place, Brooklyn Law the competition enhances the School for best petitioner's brief, school's reputation. , . - - - - - - - - - - - - - - - - - - - - - - - w i d e n e r - H a r r i s b u r g for best respondent's brief, and Michael **Editor's Note: John Belmonte is Mitchell from the University of Min- Public Relations Chair for the Moot nesota for best preliminary round Court Association. oralist.

(totaling more than $150,000) to 1995 GRADS

THROUGHOUT THE NORTHEAST

Attent1•on all Graduating Students

'

.........

.:::::::::::::::::;:;:..:;::::::::::::::::::::::::::::· .::::::::::::::::::::Y \'.::::::::::::::::::::::::·

More than 245 June 1994 New York Law School graduates took BAR/BRI for the July 1994 New York Bar Exam.

See"" S ' ally Harding in Student Services to purchase.

APRIL 1995

PASSED BAR/BRI 'The password at New York Law School'

.. \

6

New York Law School

Features

Reporter

.

Movie Critic's Corner barely seeing anybody else." I'm not exactly sure what Sam Weisman, the director, tried to achieve withByeBye,Love. Anewgenreof"comedrama"?

Weisman interspersed quips, such as describing a minivan as a "child support mobile," with the hard-hitting theme of divorced fathers being relegated to the backseat of their children's lives.

There are a few funny, although contrived, scenes, but not enough to overcome the basic problem that the subject-matter just isn't funny. My rating [2 gavels].

It's April. Although we haven't had much of a winter, we're still in the winter doldrums, a.k.a. "is Spring Break ever going to get here?" So I went searching for some funny movies to lighten up the mood. Bye Bye, Love, with comedian Paul Reiser (one-half of TV's Mad About You), looked to fit that bill. Well, I can say that it has a great soundtrack - which is the equivalent of saying someone has a good personality. Bye Bye, Love is distributed by Twentieth Century Fox, rated PG-13, and runs 1 hour, 47 minutes.

Bye Bye, Love follows the harrowing weekend of three divorced dads coping with their "weekend" kids. Donny (Paul Reiser) is hung up on his ex-wife, who has since remarried, and has a teenaged daughter he can't understand. Vic (RandyQuaid)hateshisex-wifeandhasayoung son and teenaged daughter that he loves, but with whom he can't quite express himself. One bright spot- he ends up on a hilarious blind date with Lucille (Saturday Night Live's Janeane Garofalo). David (Matthew Modine) likes all women - the reason why he is now divorced from Sue (Amy Brenneman ofNYPD Blue fame) - and also has a young son and daughter. Several scenes were shot at McDonald's, where an inordinate amount of things happen. Interspersed throughout the movie is a radio talk show, a la Fraiser, with Dr. David Townsend (Rob Reiner) discussing divorce. He dispenses such banal advice as "You got married, you got kids, stay together God damnit." By the end of the movie, Dr. Townsend gets married for the fifth time.

The audience is left with the pointer that "the main thing is to love your kids and just keep going."

This movie tries to offer something to everyone. As a result, everything is superficially and stereotypically portrayed. Paul Reiser is a comic dressed in light dramatic clothes that almost fit. Randy Quaid is mean, yet has a hidden, sensitive, side. Matthew Modine is the typical Casanova who views all women as dime-store candy on Valentine's Day. To him, commitment is summarized in this line: "I love Kim; I'm

Almost recent release: For those of you who haven't yet seen it, The Brady Bunch Movie is a real laugh out loud! Disclaimer - in order to appreciate this film, you must have been raised on the series. The actors all got the original cast members down pat, and cameos by the "real" Alice, Greg, Peter, and Mom were hilarious. The Brady Bunch Movie is rated PG-13, and is 1 hour, 29 minutes long. My rating [4 gavels].

¡.

she Princess Caraboo, with a predictable ending.

Frixos' final comment applies to the whole film: "It's a very good story; is it true, do you think?"

Phoebe Cates plays a charming displaced woman, although her fake English accent was grating. Her actions portrayed a sense of not belonging, but she does not have the depth of character to truly feel the part. Kevin Kline, as always, is very good at comic relief, and his accent - whatever it was supposed to be - just added to his Mr. Frixos. For me, seeing Stephen Rea in period costume riding on a donkey made the whole movie worthwhile! The director and one of the writers, Michael Austin, has a choppy style that moves the audience around many short scenes, some of which are unnecessary.

Princess Caraboo is not a lavish production, but rather is comfortable and welcoming. My rating: [3 gavels].

Out of desperation I rented The Getaway, starring the husband and wife team of Alec Baldwin and Kim Basinger. I should've painted my nails and done my hair; this was a regular chase-'em, shoot-'em, kill-'em bore. The sex Video Detour: I continued my search for a scenes made me feel like a voyeur in their bedlight-hearted movieby rentingPrincess Caraboo, room. The Getaway is a 1994 film, distributed by which is quaint and civilized in an offbeat sort of MCA/Universal Home Video, runs 1 hour, 56 way. Princess Caraboo is a 1994 film, rated PG, 1 minutes long, and is rated R. Because the stars hour, 37 minutes long, and distributed by Co- are such beautiful people, I give this film [2 lumbia/TriStar Home Video. gavels].

This movie is set in the summer of 1817 England, and follows the story of a young woman (Phoebe Cates). Apparently, she does not speak English but is able to communicate to her benefactors that she is a princess from a distant land who was kidnapped by pirates and managed to escape. Their butler, Mr. Frixos (Kevin Kline, Cates' husband) is immediately suspicious and tries to discover her true identity. John Gutch, noted journalist (Stephen Rea of The Crying Game) also becomes intrigued with her plight.

The movie is a big guessing-game of is she, isn't

RATING KEY

[1 gavel] Don't be home when this movie comes on TV [2 gavels]Be sure to catch it on HBO [3 gavels]Definitely rent it [4 gavels]See it at a matinee or discount movie theate [5 gavels]Shell out the $8.00 for a first-rate movie

Vladimir on Rock Aerosmith, Bruce Springsteen, Bon Jovi, and the Eagles.

Buyer beware! Now that record companies have exploited the box-setcraze to its full potential, theywillfocustheirmarketingstrategies in a new direction in order to find new ways to squeeze every last cent out of the consuming public.

The companies are now offering a new and improved evil to maximize their profits. They are doing this by re-packaging old songs of a particular artist, adding a couple of new songs, and PRESTO! - brand new "greatest hits" album. Never mind that others may already exist.

Some acts that are currently involved in this deception include

Anyway, to help in this confusing atmosphere, here are a few albums that are worthy of any wellrounded record collection: Deep Purple,

Deepest Purple -

Sex Pistols, Never Mind the Bollocks . . . - The best punk album

uBob Marley, Legend (Tuff Gong) - .

Those seeking Reggae need not look any further."

Hard rock from the 70's. Truly some of the very best songs the genre has to offer. Also, if this is your style, tryRainbow,Rising from Polygram records.

ever! Furthermore, the ultimate punk statement: they made one album and broke up. Also check out The Dead Kennedys, Fresh

Fruit From Rotting Vegetables.

Motorhead,

No Sleep Till Hammersmith

(Bronze Records) The good ol' stuff!

Heavy metal connoisseurs need this for the full experience. Also give a listen to Black

APRIL 1995

Sabbath, We Sold Our Souls For Rock

and Roll.

Led Zepellin, IV (the album with the weird symbols) - So many high school students start out with this one. And for good reason.

Grateful Dead, Dead Set (Arista) -Although some of the hits are missing from this collection, the music accurately portrays one of the last bastions of hippiedom, the "Dead Show." Also try Pink Floyd, Dark Side of the Moon. And for the complete experience, getWoodstock; the original soundtrack from 1969.

Continued on page 18

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New York Law School

Il::)}l ]l ii:I All I!l ll l il::fl,l f:]:j lI col~h~~~~!~~eb:en s:~:~~~

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Features

Diaspora.

On the Town

Reporter

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Continued from page 1

· tive action in America to make the trip to the Supreme Court, on April 19, to lobby.

Jacqueline A. Berrien also focused on African-American politiProfessor Randolph Scott cal empowerment. Berrien stated that African-Americans have his- McLaughlin, considering the new torically been unsuccessful at being Congress and its Contract with elected outside of majority-minor- America, also stressed that 1995 is a ity Congressional districts. Titis fact very important year. Professor is what compelled the initial Con- McLaughlin acknowledged that afgressional redistricting of minority firmative action and civil rights are communities in 1990. under attack because they serve the interests of a particular class of When Elixir first opened a few months ago, it seemed apparent that Berrien emphasized thatin the people. Reflecting about the situathe owners were hoping to recreate the success of the Tenth Street Lounge, which wake of this redistricting, Shaw v. tion that minority communities are lies a few blocks north in the Village. For a Reno, 113 S. Ct. 2816 (1993), and facing today with the legal threat to while the huge crowds confirmed their similar cases challenged majority- majority-minority Congressional hopes. Like the Tenth Street Lounge, Elixir minority Congressional districts. districts, Professor McLaughlin is a large loft-style restaurant/bar with However, Berrien pointed out that stated that the rights of Africanmanynooks and comfortable couches, sug- the redistricting process under scru- Americans are still invisible to white gestive of a living room more than any- tiny is no different from the America. thing else. The need for the velvet ropes districting process that has been out front, however, soon vanished. What's going on in favor of majority, white Ironically, the programs of left is a very attractive, comfortable space, Congressional districts for years. In African-American law students are perfect for small groups to get together. fact, the Supreme Court, on April still invisible to white law students The menu offers various uninspired Ital- 19, will be deciding Johnson v. at NYLS. This is evidenced by the ian dishes with a heavy representation of Miller, 864 F. Supp. 1354 (S.D. Ga. lack of white law students in attenpastas ($13-15) and grilled meats ($14-22).

1994), and Hayes v. Louisiana, 862 F. dance at this conference. NonetheSupp. 119 (W.D. La. 1994). Berrien less, this year's Diaspora Conferl do not mean to suggest that the food is not good at Elixir, rather my stressed that this is a pivotal time in ence proved to be a valuable addi-: point is that there are better reasons to visit. For example, at 11 p.m. on the history of this country. She urged tion to legal education for those law Frid,ay (after handing in a Legal Writing paper), some friends and I all law students who share a con- students who attended the program. grabbed a table near a couch and chilled for a while before heading out to cern about the survival of affirmaa club for the evening. The dfi$s were cold and large, and after a few l began to notice how the smoke-filled ·a ir, illuminated by spotlights from the floor, began to suggest unfathomable convolutions of the law. Do not ChiefJustice Marshall's rulings reflect similarly on our understanding of Constitutional law, I thought? Ultimately, a crack to the head from a friend awoke me from my alcoholic stupor, and we continued· our enlightened evening elsewhere. less than - shall we say - practical.

Titis month's restaurants, on the other hand, donotrequire jackets and ties for men, do not require a working knowledge of French to understand their menus, and will definitely not demand reservations six weeks in advance. Elixir and The Cupping Room Cafe are two neighborhood restaurants/bars located on the comer of West Broadway and Broome.

Unlike the scene at some of their haute chic neighbors such as Felix, Jour et Nuit, and the Cub Room, this month's selections are perfect for dinner and/ or a drink after classes; they are reasonably priced, have decidedly less attitude, and the food is not bad either.

"this month's selections are perfect for ... a drink after classes"

. '

While geographically located across the street from Elixir, The Cupping Room is miles away in style. The Cupping Room is both an inviting, down-to-earth bar and an excellent, modestly-priced restaurant.

The place is decorated in standard, upscale American bar fashion, with a long wooden bar, wonderful hanging lamps, and a separate eating section. In addition, you can always count on The Cupping Room to be cheerfully decorated with a seasonal motif; at Halloween they had what must have been a fifty-pound pumpkin on the bar. If you arrive between the hours of 3 - 8 p.m., ask for a perfect pint of Guinness - it's a bargain at only $3. Thoughtfully, at about 7:58 p.m., the bartenders ask if you want another before happy hour ends. The make-up of the crowd depends on the hour. In the afternoon, watch out for tourists. After work, the Wall Street Yup circle moves in. Later, as conversations and wardrobes relax, one truly gets the idea that the people inside live right nearby, something not too common in most of Manhattan.

The menu at The Cupping Room offers an interesting assortment of American dishes, combined with a number of middle eastern novelties.

The baked brie with fresh fruit ($9) was wonderful at lunch. For dinner I like the spicy, sizzling garlic prawns ($10), the middle eastern platter ($10), and any of the excellent fresh fish specialties. The wine list, though not impressive, is reasonably priced, and many of the wines are available by the glass. Scotch whisky connoisseurs have told me that their selection of aged single malt whiskeys is excellent.

Elixir 492 Broome Street @ West Broadway 966-3371

The Cupping Room Cafe 359 West Broadway@ Broome Street 925-2898

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APRIL 1995

8

New York Law School

Reporter

Commen tar ''L'' stands for ... The -Conclusion of ''NYLS'' Commentary by Marc Wigder '97 '

First, some logistics: Let's give a big round of applause to the new and improved NYl5 catalog which actually features pictures of the school. I wrote about it in the October Reporter and now the dream has become a reality!!!!

[Insert Twilight Zone theme here!]

Now, for the real stuff: We last left our fine institution as the New York Law Skyscraper. I find, however, the "L" to be completely inappropriate in the abbreviation when we consider the school's direction. Law has nothing to do with it.

Let us focus on what this school currently emphasizes as its selling points and exploit them in the name of our school.

WecouldgowithLibrarybutthatwouldn't sound too good ... the New York Library Skyscraper. Ya see, the Skyscraper will not consist of a library. This would be an incorrect modifier or something else denoting incorrect grammatical usage.

So, we tum to the alternatives. My first, but not best, choice is ... "New York Lack of Career Services Skyscraper."

Now this insinuates that the Skyscraper has a lack of career resources. However, l actually mean that the school has a lack of career services.

Networking is not a career resource, it's the only way I'm gonna geta job. It's true.

The job binders are out-of-date, the possible stipends are harder to get than a parking spot in the worthless lot, and the people are too nice to be helpful! What? I just couldn't think of a third fault so I just thought complete nonsense would suffice, and because every great opinion gives lists in threes, I chose not to stray from the formula! Anyway, "LACK OF" is out.

and four credits of Property. What is that - 63 credits? It sure feels like it!

Lawyering would be a great class ... if ... and that's a big "IF," we knew what the hell we were talking about in the first two months oflaw school. And I've come to the realization that we didn't!!! We did all that Glennon and Clarkson stuff about cost of completion and difference in value, and then two months later in Contracts

"Let us focus on what this school currently emphasizes as its selling points and exploit them in the name of our school. "

or Torts, which are four credits PER semester, I should do half the amount of work! Good logic, right! NOT! Ha! I laugh at you! You are too silly to be a part of the planet earth! I had a token 45 minutes of sleep after doing my first appellate brief, and I actually started doing it two weeks before it was due! And, I was thankful!

So, "what's the point?" you say. This class should be worth 10 credits per semester and then the credit hours-work distribution ratio would be fair.

In conclusion, it is long and well-settled doctrine that Legal Writing is an important fundamental skill law students must learn how to do correctly. This point is nondebatable. BUT, if it is stressed as so important, it should be treated as such, rather than as some sort of second-rate class. Give us the time and credits to create master works of legal writing that will dazzle the eyes, ears, nose, and throat doctor.

[Begin Rod Serling narrative now!] we found out how to correctly argue it! Can you say, "bullS•&!"?Neithercouldiafteristayed up until 5 a.m. typing that damn worthless final.

I refuse to discuss Lawyering anymore because I've made myself upset about it!

Now, finally, Legal Writing. Count them four credits. Two each semester! One, two, one, two! This would imply that compared to Civ Pro

So, we end our series of articles with the New York Lawyering and Legal Writing Skyscraper - a 20-story building devoted almost entirely to the two most absurd things at this law school. That is, Lawyering as a "useful" class, and the killer first-year Legal Writing class. The only other place you'll see anything like this is, of course, in ... The Twilight Zone!

[Exit with Twilight Zone theme]

So we come, finally, to what I've determined to be the correct usage of the letter "L" in NYLS: New York Lawyering and Legal Writing Skyscraper.

What could be more tme?

We spend one-fifth (1 /5) in terms of credits, of the first year in those three classes. We spend one-fifth (1/5} of our tuition on those classes. But (and here's the catch) we spend one-half (112) of our time trying to prepare for the damn classes that count for only one-fifth (115) of our credits.

Why not name the school after the trials and tribulations of the ll.s? Andwhilewe'reonthesubject of 1L-dom, let's talk about A900, the worst classroom in the history of classroom architecture? After my calculations, we spent two credits of lawyering in there, three credits of Con Law,

One of a lawyer's most important obligations is to safeguard client money and property. • New York court rules and statutes impose special banking and recordkeeping requirements for lawyers entrusted with client money. •Escrow funds must be deposited in special bank accounts. • Clients must be provided with written receipts and complete accounting.5. • Escrow money must be disbursed promptly when due. •Remember, a lawyer entrusted with an escrow is a fiduciary. •Knowing and observing the fiduciary rules will help and protect you, your clients, and our profession.

The Lawyers' Fund for Client Protection c:J the State c:J New 'lbrk Fifty-Five Flk Sttttt, Albany, New York 12210 • (518) 474-8438 (Toll-free NYS 1-800-442-FUND)

APRIL 1995

New York Law School

Reporter

9

Pieper People Pass!!!

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Every attorney I've ever met said I must take Pieper to pass the NY Bar Exam!

I better send in my $150 deposit to receive those brand new Textbooks

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·--· - t{~ 1995

10

New York Law School

Reporter

Sound Off To The Ombudsman ¡ .

An Ombudsman investigates reported complaints (from students or consumers), reports findings, and helps to achieve equitable settlements.1 The Reporter's column "Sound Of!To The Ombudsman" is presentedfor entertainment purposes only.

Special Note to those who defamed February's Ombudsman: The

is Jack illiterate, but he's not even environmentally conscious; he didn't even recycle. At least when I tear up the Reporter, it goes to a positive use - to line my hamster cage.

Dear Ombudsman, If I required emergency medical assistance, such as a bandaid, where do I go? Is there a place in this school that has emergency medical kits available for student use?

__ . .

¡.......-;_.,'.

during reading period anyway. Ifyou're crap with the likes ofyoubothering me really desperate to get better grades, to see if I were the Ombudsman. Why which don't matter to prospective em- would the Ombudsman self-inflict such ployers (assuming you have any), just agony? Of course, the alcohol did flow hack into the Registrar's computer sys- freely .. . . tem and give them to yourself.

Dear Ombudsman, Why do we have to register a year in advance for classes?

all-knowing Ombudsman has learned that a certain response to Signed, a certain question in the Valentine's issue provoked quite Unsure of the Future an outrage. While I know you all revere me, and take my word as Signed, gospel (which, of course, only Dear Check Your Horoscope, shows your level of intelligence), Cut in the Cafeteria Everysemester,theRegistrar's I am only a cynical columnist afOffice is quite busy putting validation ter all. My words may be golden Dear Bleeding Heart, stickers on student IDs. Allowing stubut they're not a result of ambiIf you have not as yet learned dents to actually pick their classes the tious investigative reporting - how to use a knife and fork, you should semester before would mean two jobs check out Ron Gregorio's piece not attempt to cut food in public, espe- for the Registrar's Office to handle. on the 8th Floor (p. 14) for that. cially food from our cafeteria. As for a That's one job too many. Besides, by Now keep your hands off stacks band-aid for your boo-boo, try Career having students choose their classes a of theReporter and continue read- Services. I'm sure they have a supply year in advance, based on the popularing as I spout further trivialities for all the students they stab with their ity of certain classes, the administrainto your dull, pathetic lives. nails. tion knows who NOT to grant tenure

Dear Ombudsman, I've seen Dean Wellington around school for all those symposium things lately. Does NYLS have any other deans to help him? Or do students really run the school?

Signed, A hopeful student

Dear Confused Anarchist, Sorry to burst your bubble, ~ut Dean Wellington does have agaggle ofhelpers -a.k.a. Associate Deans. One oftheirfunctions is to guard the Dean's ivory tower from the likes of you. Pull out the directory and get familiar with their names - don't worry, that's probably as close as you'll get to them during your stay here anyway.

to.

Dear Ombudsman, Someone finally put the Reporter where it belongs, in the trash.

Dear Ombudsman, What advice can you give me on getting better grades and alleviating the stress of exams?

Signed,

Signed,

Anonymous

Anonymous

Dear Ombusdman, l heard a rumor that you were at the Barrister's Ball. Is it true?

Were you there?

Signed,

A really devoted fan Dear Slash-and-Trash-Lover, That someone, that you so Dear Stress Test, Dear April Fooled, admire, discarded a number of ReWhat's your problem - ever Do you really think I would porters. He also decided to play Jack- hear of valium? I know you must be a actually pay money to get all dressed up the-Ripper and tore other Reporters 1L because no one else gets worked up just to go eat lousy food in an SBAto shreds. "Jack" must have missed over exams. With the curve as high as it sponsored school event? While my diConstitutional Law the day the First is, everyone should be practicing their gestive system would be working overAmendment was reviewed. Not only golfswing instead ofreading Emanuels time, I'd get to dance to hip-hop-pop

Dear Ombudsman, Whenever I go to the student lounge to watch Ricki Lake, there is always a group of people watching the O.J. Simpson Trial (see picture below). They won't let me change the channel. What should I do?

Hire a maid

Dear Gal/Guy Friday, Yes, indeed, thatofficeisasty.

It seems to me as if the Reporter staff has been wasting too much time with worthless tasks such as editing and layout. Perhaps you should go into the office and give those people afew house keeping tips. Who knows, you mayfind your true calling.

1

WEBSTER'S Nil'rrn NEW C oLLE-

GIATE DICTIONARY 823

Signed, Too Much O.J.

Dear Go Jump in a Lake, Just like Ron Goldman and Nicole Simpson, you cannot escape 0 .J. Hiss tory is on the news, on the radio, in the bookstore, and yes, in your law school. You have to understand, the final trials for Trial Advocacy are coming up and students are picking up some last minjlte tips - things they can't learn from their professors, like fashion do's and don'ts from Marsha Clark, facial expressions that your client should not make from O.J., and how to annoy the judgefrom Christopher Darden.

Dear Ombudsman, Why does it seem that the Reporter office is the messiest in all of the student lounge? Doesn't the staff of the Reporter have any interest in their self-image, or are they all just slobs?

Signed,

5 "'~

~ ~

~ ~

~ :i: Q.,

APRIL 1995. . .

(9th ed. 1983).

New York Law School

Reporter

11

Ending Welfare As We Know It Commentary by Bryan Solomon '95 Yes, it is time to end welfare as we know it.

Some people say that it is time for the government to stop giving handouts to people who do nothing for the benefits they receive. The argument is that if we could get these lazy people off the dole and out into the workforce, then we would be able to really do something about the federal deficit. The argument is a bald-faced misrepresentation on the part of those who know better, and it is readily accepted by those who prefer to look for scapegoats for the nation's problems. The poor and the disadvantaged are ready targets in this type of climate.

children, their employer does not give them any more money. Although this is true, federal and state governments do provide an additional deduction on their income tax returns. Furthermore, the Republican Congress, in its budgetary proposal, is advocating a tax credit for children of families earning up to $200,000 annually.

However, the head of the household obviously has to be working to get this tax credit. This appears to be one m ore example of giving more to those who already have at the expense of those who do not. The push to do more for the middle-class at the expense of the poor is harsh and mean. The middle-class is at least able to put 11

The way people are carrying on, one would think that by ending welfare payments we would balance the budget and solve all the ills of American society."

keep their "drawers" on, one wonders if the government is asking these young women, who have so much time on their hands, not to have sex. Furthermore, accidents do happen - w hich contribute to the more than one million abortions performed in this country every year. Remember, the govennnent is not even allowed to provide abortions for these women if they want one (see Maher v. Roe, 432 U.S. 464 (1977)).

The welfare system does need fixing because it harms the people w ho use it in innumerable ways. Welfare recipients do not have a fundamental right to anything; but then, neither does anybody else. However, if the only reason welfare recipients stand to lose their benefits while the rest of us keep ours is because we are more powerful, then that says very little for the future of this nation. Then again, this is a nation that for 400 years was satisfied with slavery, and then with "Jim Crow ." So as a nation, we shouldn't really have a problem treating our down-trodden like insignificant pests, who can be scapegoated for all that ails society. However, this is not a poverty-stricken country, and if w e are going to be giving out benefits to the citizenry, I think we should begin with those at the bottom.

Although I think that the welfare system needs reform, I do not think it is fair for people to condemn welfare recipients without first looking at the myriad of ways in which they themselves collect large amounts of money from the government through their entitlements and tax breaks. The way people are carrying on, one would think that by ending welfare payments we would balance the budget and solve all the ills of American society. Maybe I missed some- food on the table and a roof over its heads, thing, but the last time I checked, welfare (Aid to whereas the poor are struggling.

Families with Dependent Children) was 1% of the federal budget. Furthermore, each benefiThe middle-class argument in favor of these ciary of the system receives on average $6,000 to deductions is that "it's our money and they are $8,000 annually. So even if the weHare system just allowing us to was completely scrapped, we are talking"chump keep some of it." change" in the scheme of things.

However, the primarypurposeof the In the recent election, Republicans ran on tax code is to raise the Contract with America platform, in which revenue. Any dethey outlined some of their plans for the welfare duction granted is system. Those plans include: denying welfare nothing more than for any child born illegitimately until that child a congressiona l Live with NYU Law School in historic turns eighteen; denying additional benefits to handout. For inany w elfare recipient who has other children stance, if you and I Greenwich Village this summer. while still on welfare; denying welfare benefits make $40,000 when to teenage mothers; denying welfare benefits to we get out of NYLS • Central location in NYC's most charming neighborhood legal immigrants; granting the states block grants (I'm being optimis• Apartments with private bedrooms in modem, for welfare and ending the entitlement status of tic) and you decide air-conditioned, 24-hour security buildings welfare; m aking welfare recipients work for their to have children,

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benefits and if they do not, cutting off ben efits or removing their children and putting them into orphanages; and imposing a limit of " two years and out" on welfare recipients. At best these measures are simply punitive, at worst they are demagogic and mean-spirited. They do nothing to address the fundamental problem s of peop le on welfare, and greatly h arm the least advantaged in this society - poor children.

However, if w e are serious about en ding welfare as we know it, it is time to look at some of the other "welfare" the government distributes.

It is time to examine the cost of the farm subsidies paid by the federal government to bigbusiness farmers every year. It is time to look at the astronomically low grazing fees that western ranchers pay in order to graze their cattle on federal lands every year. It is time to look at that "sacred cow" that every one considers their birthright, the mortgage interest deduction, which one can take on a h ouse worth up to $1 million, and can even be taken on a secon d house up to the same valu e. This d eduction alone costs several billions in unearned revenue every year.

One argument shared by the working- and middle-class is that when they have additional

why should y ou pay less taxes than I based on the same income? The answ er is that the d ependent d eduction is a federal policy designed to make affording your kids a little easier. So, too, is welfare. Ifadditional benefits are denied for additional children, we are not only talking about cash benefits to buy clothes, etc., but also food stamps with which the mother buys necessities such as formula, etc. Basically the government is saying to women on welfare, "don' t get pregnant." In a society where even priests can' t seem to

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APRIL.1995

New York Law School

Reporter

---------------------==================

Editorial The views reflected herein are those of the authors and not necessarily those oftheReporter, New York Law School, or ofany editor or staff member.

ELEVATOR ENCOUNTER Dear Editor:

I write to the Reporter to share with its staff, my classmates, administration and faculty my complete outrage at an incident, I experienced on a New York Law School elevator.

On February 9, 1995 at approximately 11:20 am, I was riding one of the two main elevators in the A building, when the incident occurred. I entered the elevator and proceeded to the back comer. There were about five other individuals on the elevator with me. I became very absorbed reading some material and did not realize, if I had pressed theninthfloorbutton. When I went to check the elevator buttons, myself and my bulky knapsack inadvertently impeded an upper class person, who lacked manners and maturity, from getting off the elevator. As this upper class person attempted to get off the elevator she said to me, "woo-who, woo-who."

But "woo-who" is not the word it is "excuse me." I was so interested in what I was reading that I ignored the comment. However, a friend of mine who was on the elevator did not appreciate the comment so she mimicked the "woo-who" utterance. Suddenly as the elevator doors were about to close, the upper class person snickered and stuck her middle finger at my friend and I.

When I got to the ninth floor, I was in a state of shock. I could not believe what had just happened to me. I said to myself but this is law school such immaturity does not occur in professional school. I am in law school not GRAMMAR SCHOOL. Furthermore, I never encountered individuals like this upper class person in grammar school, high school, college or even the New York City subway.

You may be asking yourself but what do I care about some first year's elevator incident, it happens all the time especially in New York City. But the point is that this individual who is a law student should not exhibit such disrespectful and immature behavior. What will this upper class person do, when she enters the legal profession? If she enters a courtroom what will she do, when her opponent is accidentally impeding her passageway Will she punch her? Unfortunately, there is a possibility that her behav-

Editorial

ior will reflect the reputation of New York Law School.

If the person who had the

audacity to stick her middle finger at myself and my colleague should read this, I want to say to her just remember there is contempt of court and if not in the courtroom, there are intolerant individuals on the street Hence, please learn now while still in school.

I would like to remind students that the Reporter is a studentrun publication published for the student body. If there are any comments or criticisms, they should be addressed to the Reporter via a signed letter to the editor.

students have engagedin potentially criminal activity to protest the February issue of the Reporter."

# •••

Sincerely, IL

FOR THE RECORD Dear Editor: On behalf of the NYl5 Moot Court Association, we write to inform the student body that many of the opinions expressed by Ron Gregorio in his article, SBA En-

croaches on Moot Court's Domain, which appeared in the NYLS Reporter's Valentine's Issue, are not those of the Moot Court Association. Mr. Gregorio wrote the article on his own initiative, and without presenting it to any Moot Court Executive Board Member, or faculty advisor before he submitted it to the Reporter.

Initially, we wish to express the Moot Court Association's respect for every member of the NYl5 community and for the extraordinary accomplishments of all the co-curricular programs, especially the NYLS Law Review.

Furthermore Mr. Gregorio's implication that only Moot Court members will be or can be successful in moot court competitions or be successful attorneys is certainly not the opinion of the Moot Court Association. Every member of the NYl5 community is trained to be the best advocates they can possibly be, and we respect the abilities of our peers.

If the above seems to be common sense, you may stop reading this editorial right now. However, I know that not everyone can lay claim to such common sense. To wit, students have engaged in potentially criminal activity to protest the February issue of the Reporter.

Certain students felt that throwing out copies of the February issue and harassing people associated with the Reporter staff was the adult way to deal with their immediate reactions to certain items in that issue.

Throwing out issues of the newspaper in bulk, and harassing people associated with theReporter,arenot the appropriate ways in which to voice your protest. Every issue of the Reporter happens as a result of a tremendous amount of time and energyputinbyanumberofpeople.

The Reporter also spends between $800-$1000 to print each issue.

The biggest tragedy as a result of this pathetic behavior was that the very good articles in the issue; articles on which your fellow students worked hard, were not read by the law school community. We

are in law school and most of us have a basic understanding of the First Amendment and freedom of the press. Exercise your First Amendment rights as the Reporter has exercised its freedom; write an article, commentary, or Letter to the Editor if something in the paper offends you.

Further, it has come to my attention that people submitted Valentines on behalf of their classmates without their permission. In addition, seemingly innocuous or cynical valentines held cryptic, pernicious messages. Some people have already voiced their concern over the valentines. Thus, I will recommend a new policy regarding valentine submissions to next year's Editorial Board.

The Ombudsman column is satirical, tongue-in-cheek entertainment. Questions are not submitted with the expectation that the answers will be based on serious investigative reporting; this is a humor column. If something is perceived as not humorous, write a Letter to the Editor. Obviously, throwing out and/or mutilating copies of the Reporter in bulk to protest an item in the Ombudsman is an irrational and inappropriate response. It concerns me that future lawyers would resort to such unethical behavior to protest a perceived slight.

In conclusion, I would like to voice my disappointment at the events that have transpired since the newspaper came out on February 14. The valentines published in the newspaper were written by you and your fellow students. If some of the published items hurt people's feelings, I regret that people can be so mean and petty to each other in a professional school atmosphere. If there are complaints or criticisms, exercise your First Amendment rights and address them in writing in the p.ext issue of the Reporter.

That's the responsible thing to do.

Finally, we believe that the present situation between the SBA and the Moot Court Association L;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;~ has been presented out of context TO TENURE, OR NOT TO We believe that the and taken to an unnecessary level TENURE Committee's rationale does not acof controversy. We should recogcurately reflect Professor Cuevas's nize that reasonable people can disDear Editor: teaching ability or level of his comagree; however, we will not particimitment to the student community pate in any discussion in which ad We were disappointed to hear at New York Law School. Professor hominem attacks replace responsible discourse in an effort to elimi- that the Tenure Committee has rec- Cuevas has consistently reached out nate a concern that the NYl5 com- ommended denial of tenure to Pro- to the student community on both fessor Carlos J. Cuevas. munity shares. group and individual levels. He is active in both the LaLSA and BLSA. Among the reasons cited by NYl5 Moot Court Association the Committee were lack of 1) comExecutive Board Continued on next page munity involvement, 2) teaching ability and 3) scholarship.

' .. •. -.·.A£RIL 1995

New York Law School

Reporter

13

Communit Corner Continued from previous page In addition, he has contributed his time and

effort to assist students in finding jobs in the fields of Commercial and Bankruptcy Law. Further, on an individual level, Professor Cuevas has made himself available to past and current students and has been willing to write letters of recommendation, offer advice or just listen to problems students have. In short, Professor Cuevas is a caring, involved and committed faculty member.

Professor Cuevas is also committed to excellence in the classroom. His creation and use of hypothetical situations drawn from recent cases requires students to apply substantive material to real life situations. Titis exercise is invaluable to students as it gives them an opportunity to experience in the classroom what they will surely encounter in practice.

Regarding his scholarship, Professor Cuevas has written nine articles published in prestigious legal journals such as the American

Bankruptcy Law Journal, Tennessee Law Review and Seton Hall Law Review. In addition, Professor Cuevas' work has been cited by the Fifth and Sixth Circuits. It is evident that Professor Cuevas is a highly competent and qualified law school professor and a professional who deeply cares about his students.

Signed, Students in Support of Professor Cuevas **Editor's Note: At the request of the authors, their names have been withheld.

NOT CUPID'S ARROW Dear Mr. Kroll: I request that you publish a clarification in the next issue of theNew York Law School Reporter concerning your first valentine message to Ms. Farrell on February 14, 1995. As you know, you falsely implicated me as a co-conspirator devising to defame Ms. Farrell's character. I am appalled that you took the liberty to associate my name and reputation with your insidious comments. Because of your actions, I have suffered and continue to suffer allegations of complicity in your tasteless endeavors. I share no such complicity.

Sincerely, Theodore M. Davis cc: Editor, Reporter

Recent Jury Duty Acco01plishm.ents How tOEscape of Moot Court I1t:111m911m~::iB.e,11111M11:1 I Association Tea01s The Moot Court Association is proud' to announce that this year's teams continue to bring honor and recognition to our school. NYLS, represented by Carol Jaramillo, Victor Muallem, Greg Pietrzak, and coach Karen Cornyn Formisano, advanced to the final round of the American University National First Amendment Moot Court Competition. In the First Amendmentcompetition, theNYLS team placed second only to Duke University.

At the Pace Environmental Law competition, the NYLS team consisting of Ron Gregario, Ben Lipshitz, and Karen Jean Schrift, and coach Thom O'Hanlon, performed with distinction.

Ms. Schrift won honors as best oralist and second best oralist in two of her preliminary rounds.

The Moot Court Association has learned that John Estes, Michelle Goldman, and Mike Pagano, and coach Ian Singer had the third best brief in the region in the National Moot Court Competition held last semester.

AttheVanderbiltConstitutionalLawCompetition, David Halsband, Steve Pepe, and Jennifer Schuster, coached by Michael Pagano, went 3-1 in the preliminary round.

The NAAC Team of Sonja Fritts and Ian Singer, with Coach Thom O' Hanlon, were Regional Finalists. The team won best Petitioner's Brief, and Mr. Singer won honors as third best oralist. The team will be competing at the upcoming nationals in Chicago.

In the Next Issue ...

NYLSAnnual Journal Write-On Competition

*Law Review and Center for New York City Law Symposium on Police Corruption

The NYLS Annual Journal Write-On Competition for students who wish to join either the

*Journal of Human Rights Symposium on the Nuremberg Trials

held May 19-22. Registration will be in the Student Center Cafeteria, April 10-12. Check your mailfolders for more information.

ILS 's AluDlni Appreciation Luncheon The International Law Society held its sec- · ond annual Alumni Appreciation Luncheon on April 5, 1995. Over one-hundred students attended, as well as Dean Harriet Inselbuch, Dr. Otto L. Walter ('54), six NYLS international law professors, and twelve alumni who practice in the field. It was a great finale to ILS's busy year.

If you would like more information about the organization, contact Eileen McCrohan at ext.

114, or come to the office in the Lower Level of the "C" building, room L7. ILS elections will be held after Spring break. The ILS wishes good luck to all on their finals!

* Multicultural Festival *Barrister's Ball

Law Review, Journal of International and Comparative Law, or the Journal of Human Rights will be

The Reporter, in its continuing effor t to educate the students of New York Law School, asked me to solve a potentially stressful problem. If life catches you between the Scylla and Charabidis of fulfilling your civic obligation to sit on a jury or of fulfilling your educational obligation to attend class, do the right thing and attend class. Jury d uty can always be rescheduled. Most courts sympathize with the plight of full-time studen ts.

Go to the Office of Student Services (A building, 5th floor). Ask the receptionist for a letter which attests that you are a full-time student at NYLS. Make sure you bring your jury summons, because if you don't, you run the risk of Student Services placing the wrong name and address on the letter. Then, mail this letter to the clerk of the court which requires your presence. Within a few days you will be notified that you are excused.

You can breathe a sigh of relief and eagerly anticipate the next stimulating lecture in Constitutional law.

Pace University School of Law Pace Law London - Spring Semester Program

*Spotlight on Women Luncheon Dates:

HITI'ING NEWSSTANDS DURING READING PERIOD!!

., . . _· •.AERIL 1995

January 1996 - April 1996

Location: London, England Admission requirements: Good standing at an ABA accredited school

Apply to: Arlene Mund Pace University School of Law 78 N. Broadway White Plains, NY 10603 (914) 422-4223 -

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New York Law School

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Tales fro01 the Eighth Floor Commentary by Ron Gregorio '95 ..,.NOTE: Dear Law Review, Journal, Moot Court, and Student Bar Association members: This article is meant to be humorous. Maybe the jokes are dumb and not very funny, but it's not like we can afford Dave Barry here at theReporter, so we're stuck with this. The views expressed in this article do not reflect those oftheReporter, the Moot Court Association, the Journal of International and Comparative Law, the Student Bar Association, or any other organization to which the author belongs. Nor do the views expressed in this article reflect those ofother law students, Italian-Americans, heterosexuals, married people, parents, people who are right-handed, people who are nearsighted, people who have had their tonsils removed, circumcised males, people who prefer Coke to Pepsi, or anyone sharing any similarities to the author. In other words, the views expressed in this article are solely those ofthe author, so ifsomething in this article upsets you, please do not steal the Reporter like you did the last issue. Instead, steal copies of the International and Comparative Law Journal or leave nasty notes in Ron's mailbox in the Moot Court office.

Upon being selected to the Journal of International and Comparative Law, I had visions of hanging out in a dimly lit, smoke-filled room on the eighth floor late into the morning, drinking espresso, and debating the merits of NAFTA, GAIT, and the socioeconomic systems of the former Eastern Bloc. This vision quickly vanished when I was handed a two-hundred page rule book explaining the requirements and responsibilities of journal membership. Imagine my surprise upon finding that they actually publish an actual, scholarly journal (hence the name "Journal") (except Law Review, which is now publishing pornography) a few times a year and that one of my responsibilities was to help produce it. I thought, "this looks like work, but at least it will be interesting and challenging," and eagerly anticipated my first day at the office.

My first assignment was to make a zillion photocopies of some form letter, stuff them in envelopes, and send them to every former member of the Journal. Upon completing this assignment and thus proving my abilities at repetitive, mindless tasks, I was then entrusted with doing C & &-which stands for "C" something and "S" something - actual journal-producing work!

Basically, it means making sure that the cites properly support the statements made by the writer, and making sure that the sources of the cites are properly acknowledged. You'd think that practicing attorneys, law school professors, and judges wouldn't plagiarize, so with all the unacknowledged direct quotes, I can only conclude that such esteemed and ethical authors couldn't find the key on their word processors that types the quotation marks.

After C & S comes bluebooking.

Bluebooking is important so a reader can find a source that has been cited. Well, not really, because most people would see 597 NYS2d 38 and that would be fine. They'd go to the library, p ull volume 597 of the New York Supplement, Second Edition, off the shelf and tum to page thirtyeight. But this is not good enough for a Journal member. One day, while bluebooking a student

note, I turned to the person sitting at the computer next to me and said, "Look at this, the idiot who wrote this doesn't know that there should be periods between the "N," "Y," and "S." How could someone so stupid actually get on the Journal?" to which my new friend said, "I wrote that." To which I said, "Just kidding," but it shows that even I have managed to become as trite, petty, and boorish as the rest of the journal members.

self-esteem are destroyed. Then, through endless practice rounds (d rills), your coach trains and builds (brainwashes) you into a mean, lean, forensic machine so that you can go to a competition where the judges, who haven't bothered to read the fact pattern, make insightful comments like, "You're women, you should smile more,"8 or "We should be able to tell who you represent by the way you dress. " 9 Then you lose to people who slouch with their hands in their pockets and read their entire argumen t from their notes.

"Notice the initials for 'M'arine 'C'orp and 'M'oot 'C'ourt are the same. This isn't coincidental."

If all this leaves you wondering why anyone would want to be a member of one of the eighth floor organizations, I'll tell you in a word"JOB." Not that membership helps you get a job, but it gives you valuable skills that will help you cope if you actually ever do get a job. Doing tedious work and getting belittled by people who think they're smarter than you is exactly what it's like to work as a first-year associate.

Some junior associate who's been at the firm for barely a year will stick you in a library for fourteen-hours-a-day and speak to you only to give you more work and to tell you you're doing a barely adequate job. That's why prospective employers look for Journal or Moot Court membership on resumes. Not because being a member proves that someone's smart,10 but because it proves they can tolerate being treated like dirt for eighty hours a week. It tells prospective employers that you'll forego your family, friends, and personal gratification while mindlessly working like a drone.

Well,iflwasn'timprovingmysocialskills, at least I could improve my research and writing skills (and satisfy my creative urges), through writing my note. Wrong again. Not only does some editor who's even less qualified to be a Journal member than me change my entire paper, but I am told that I must conform to Journal style, which means twenty pages of footnotes to twenty-five pages of text.

I know that Professor Lieberman1 et al. 2 say the fewer3 footnotes the better, but they're4 obviously wrong. I guess that5 explains why they're6 never seen on the eighth floor. Besides, if they're so smart, why are they teaching legal writing when they could be doing something more significant, like defending O.J.? However, they are correct _in saying7 If all of this writing and editing sounds boring, maybe Journal is not for you. There's always Kangaroo - I mean - Moot Court. Unfortunately, in addition to oral advocacy, Moot Court also requires a lot of writing.

Moot Court requires you to write a brief in a style even more stilted and less creative than that of a journal article. At least with yourJournal note you choose your topic and write by yourself at your own pace. On Moot Court, you get assigned a competition. Unless you sleep with an Executive Board member, you're sent to a lousy competition concerning a topic you hate.

Even worse, you get assigned a partner, usually the last person in the law school that you would choose. This is supposed to help you develop teamwork, a valuable skill for when you get a job and have to work with people you hate.

If you're thinking that the eighth floor sounds like hell, you're absolutely right and you should stay away. You're obviously psychologically healthy and well adjusted, and thus clearly don't belong. But if you still feel you need to let prospective employers know that you're dedicated and committed, I suggest running for an SBA post. Of course, the SBA doesn't reflect on your ability or intelligence. As demonstrated by the current SBA, ability and intelligence would be a detriment. But being on the SBA means that you're popular, that you actually got more votes than someone else (depending on who's counting the votes), and that people like you. This is important to prospective employers because, obviously, no one wants to work with a jerk.

Being on the SBA shows that you're easy to get along with and easy to work with (unlike Moot Court and Journal members, whom no one can stand, not even other members). Being an SBA member also shows that you're willing to put your individual d esires behind the desires of your constituents, which prospective employers like to see because they'll expect you to put your desires way behind theirs.11 1

The first hint about the torture that awaits you on Moot Court is at "moot camp." It is an obvious pun on "boot camp," but there's no joke about it; it really is boot camp . Notice the initials for "M"arine "C"orp and "M"oot "C"ourt are the same. This isn't coincidental. The Moot Court Association operates exactly like the Marine Corp.

Your coach (sergeant), who is an egomaniac with a severe attitude problem, will scream at, yell at, and belittle you until your ego and

APRIL 1995

Director of the writing program.

The rest of the writing professors.

3 Fewer than what?

4 The writing professors. ' That what?

6 See supra note 4.

7 That you should never put something that belongs in the body of and article in a footnote.

8 This is actually true; a judge told this to the Jessup team.

9 Ditto. No, um . .. I mean Id. 10 If the eighth floor mavens were as smart as they think they are, why aren't they at Harvard or NYU? 11 See supra a couple paragraphs before where I talk about working eighty hours a week for peanuts.

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New York Law School

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15

Bar Exam Corner Taking Two Bar Exams Most of us find taking one bar exam a formidable experience; why contemplate doubling the pain and taking two? Bar/Bri's Vice President, Bob Cohen, says there are several reasons why you should at least consider taking two bar exams. First, from what I've heard, after going through one bar exam you are never going to want to go through this experience ever again.

It also makes sense to take two bar exams upon graduating from law school because, arguably, we will never know as much law as we know now. Should we find the need several years down the line to sit for another bar exam, we are going to have to take real time off from a real job where we are making real money. We will lose vacation time, we might lose some income, all to go through seven weeks of hell again in preparing for this exam. Second, most people will agree that as we graduate from law school, we are heading out into a tight economy. In competing for jobs it makes perfectly good sense to have two bar admissions under your belt which might, perhaps, give you that extra edge over another job applicant who has only one bar admission. It is also a worthy goal to get as many asterisks after your name on the letterhead (signifying multiple bar admissions) as possible. Here are several ways to accomplish this goal.

Most of us will graduate and sit for the New Y9rk State Bar Exam. The New York State Bar Exam covers nearly the widest range of topics of any bar exam in the counÂľy. First, we will have to know the six multi-state topics for the grueling 200 question multiple choice exam givenonMulti-stateday(Torts,Contracts,Property, Criminal Law /Procedure, Constitutional Law, Evidence). Then, on New York day, for the essays and the multiple choice questions, we will need to know those six topics, as well as their New York local distinctions, and over twenty-two additional topics.

Because of the multitude of topics covered on the New York bar exam, Bob Cohen has termed it an "umbrella bar exam." The bar exams for many other regional jurisdictions fit neatly under this New York umbrella. For example, the New Jersey bar exam tests approximately six topics. New Jersey's essays focus on the multi-state topics, and knowledge of New Jersey law is not crucial to passing the New Jersey bar exam. While the New Jersey exam may focus on areas of law in which New Jersey is considered "cutting edge," the New Jersey exam does not require knowledge of local statutes in order to receive a passing score. Typically, on the New Jersey exam, if a local statute is called into play, the examiners will give you the statute in effect in the jurisdiction and then ask you to apply the statute to the fact pattern presented.

The Connecticut bar exam tests about twenty topics. Connecticut local law is not necessary to pass the Connecticut bar exam, except for Connecticut Practice and Procedure and Connecticut State Constitutional Law. While these two topics have been subject to testing for approximately two years, neither has yet appeared on the Connecticut bar. Even if both topics were to appear, you can always buy, for a nominal

cost, local outlines on these two topics from one of the bar review courses. Further, Connecticut presents twelve essays, one-halfhoureach, which are usually one topic per question, with little cross-over to other areas. Quite arguably, then, your total lack of knowledge in one or two areas of law will not be a death knell for your passing the Connecticut bar exam.

"In competing for jobs it makes perfectly good sense to have two bar admissions under your belt which might, perhaps, give you that extra edge over another job applicant who has only one bar admission. It is also a worthy goal to get as many asterisks after your name on the letterhead (signifying multiple bar admissions) as possible."

The Massachusetts bar exam tests roughly twenty to twenty two topics and knowledge of local law in Massachusetts is not crucial to passing that state's bar exam either. While Massachusetts does test some local law, most notably Massachusetts Evidence and Procedure, you can also buy from one of the bar review courses local outlines on these topics. The ten Massachusetts essays are also more straightforward than their New York counterparts.

cite to wrong law; these applicants were able to receive passing scores based on the totality of their answer. Personally, I would prefer to study from the correct law.

Dates You Need To Know New York - Application and Filing Deadlines -Applications may be obtained upon request from the state board. Applications must be filed at least sixty days but not more than ninety days prior to exam. (I recommend corresponding by certified mail.). Dates of the exam July 25-26, 1995. General State Information State Board of Law Examiners, 7 Executive Centre Drive, Albany, New York 12203-5195. Telephone: (518) 452-8700, (800) 342-3335 (in NY only). NYLS students should pick up this application at the Registrar's Office.

New Jersey-Applicants MUST file written notice of intent to take bar examination (certified mail suggested) between February 1st and April 30th for the July bar exam. Dates of the exam July 26-27, 1995. PLEASE NOTE: New Jersey requires a Skills and Methods course as a postadmission to the Bar requirement, and this course is given only in New Jersey. General State Information - Board of Bar Examiners, 25 Market Street, 8th Floor - North Wing, CN-973, Trenton, New Jersey 08625. Telephone: (609) 984-7783.

Connecticut - Applications must be filed

by May 31st for the July exam (I suggest certified mail.). Dates of the exam - July 26-27, 1995.

General information - Connecticut Bar Examining Committee, R. David Stamm, Director, 287 Main Street, Suite One East Hartford, Connecticut 06118-1885. Telephone: (203) 568-3450.

Massachusetts-Applications must be filed with the Clerk of the Supreme Court Judicial Court for the County of Suffolk, New Court House, Pemberton Square, Boston 02108; at least forty-five days prior to examination (Again, I suggest certified mail.). Applications may be obtained at the Court or by w ritten request from the Board (include large, self-addressed envelope with 3 oz. postage affixed). Dates of the exam - July 26-27, 1995. General information Board of Bar Examiners, 77 Franklin Street, Boston, Massachusetts 02110. Telephone: (617) 4824466 (recording), (617) 482-4467 (other inquires).

0 Please note that since the Bar If your concern is to avoid distractions Examiners do change dates and deadlines, you from your New York bar studies, as would likely should contact them directly to get the mostupbe the case if New York is your primary exam, to-date information. you may not want to buy any of the local outlines. In the alternative, you can buy, from one of the bar review courses, an essay volume for a second state. Typically, the essay volumes cover over 100 essays from past bar exams and include model answers. While Connecticut, New Jersey, Deadline for article and most recently New York, have released past essay exams, they have only released what they submission is Wednesday, call "acceptable answers." These are usually April 12. Submissions before available, for a fee, from the bar examiners, or are often published in legal periodicals such as the Spring Break are necessary to NEW JERSEY LAw JOURNAL or THE CoNNEcncur LAw be included in the last issue TRIBUNE. Frankly, the bar course material is a better source because "acceptable answers," ' of the semester. while receiving passing scores, often times do

REMINDER

APRIL 1995

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16

New York Law School

Reporter

Your Activit Dollars at Work Highlights from the Student Bar Association Meeting of January 27, 1995 Officer/Committee Reports: Treasurer Ed Zelmanow reported that the SBA's beginning balance for the Spring Semester is $16,277. The Budget Committee has allocated the following: BLSA Conference and Moot Court competition, $655; NLG Panel on Immigration, $482.75; John Wilkes Booth Mock Trial, $780; Spring semester copying costs, $2000; allocation for summer semester activities, $1000. The balance stands at $14,359.25. Budget committee meetings will be held on TuesdaysinRoomA-1002, at 1 p.m. All are encouraged to attend.

ABA Representative Diane Gross reported that the VITA Tax Program will begin in February.

President Dominic Esposito announced that he would meet with Dean Wellington in February. He requested that students' questions for Dean Wellington be forwarded to him via Senators. During spring exam period, the library will be open until 2 a.m., and the Steifel Reading Room will be open 24-hours. Admissions reported that over 2000 applications have been received, which is a significant increase from last year, and well over the national trend. Open Houses will be held March 25, April 8, and April 29.

Old Business: The Senate voted to approve the Budget Committee's allocation of funds to send two students, Antoinette Segretto and Frances Bajada, to the SUNY Buffalo Moot Court Tax Competition. The motion passed 16-4.

New Business: Senator Victor Saldarriaga made a motion (passed without objection) that the SBA recommend to the Administration that grades be posted on time ... Senator Tyrsa Cameron asked if the SBA could recommend to the Administration that NYLS have a coat check or some sort of place to hang up long overcoats and trenchcoats ... Senator Sheryl Fetik made a motion (passed without objection) that the SBA create a committee to study the feasibility of instituting an alternative dispute resolution body ... Senator Derryl Zimmerman suggested that if any student has a problem with a particular professor, that the student should write out the complaint and produce it to the professor in

The Reporter encourages all students to participate and extends a special invitation to interested second years. Deadline for article submission is Wednesday, April 12.

charge of that department . . . Senator Leslie Singleton made a motion (passed without objection) that the SBA recommend to the Administration that IL Legal Writing be graded on a pass I fail basis .. . Senator Carmella Novi made a motion (tabled) that NYLS employ an in-house doctor and that the Administration investigate and re-evaluate NYLS policies concerning accommodations made for students with disabilities.

#Sheryl Fetik ... will be analyzing the feasibility of the proposed in-house doctor at NYLS who would evaluate student requests for disability/ handicap status. Senator Fetik announced her displeasure with the level of divisiveness which has evolved over the disability status of students at NYLS. All in attendance expressed the intention to work with any efforts to bring fair treatment and consideration to any NYLS student who has a disability or handicap."

Highlights from the Student Bar Association Meeting of March 3, 1995 Officer/Committee Reports:Treasurer Ed Zelmanow reported that after the last budget meeting, only $6,150.96 remains in the SBA budget. BLSA submitted a budget for the Diaspora Meeting and was granted $350.00 of the $450.00 requested. In addition, BLSA submitted a budget request for $1600.00 for two representatives to attend the National Convention, as Senator Michele Barnett is running for the position ofBLSA National Chair. BLSA was granted $1225.00. Jewish Law Students had invited a number oflocal politicians to speak at the school and was awarded $161.25. PIC was awarded dues for NAPIL ·in the amount of $500.00. Another PIC request for $4000.00 for its scholarship was tabled pending the end of the semester. A budget request for a member of the National Lawyers Guild to attend a

APRIL 1995

· conference in Ohio was denied. The reason for the denial was that members of the budget committee were unable to ask questions about the requested budget because no member of the organization attended the meeting.

ABA Representative Diane Gross reported that the VITA tax program is underway, and as soon as interested people send their tests to the IRS they will become certified. Only six or seven people have handed in their tests so far.

Evening Vice President Mel Simmons discussed the Evening Division's Meeting of February 16, 1995. There, Senator Sheryl Fetik announced that she was appointed by President Dominic Esposito to head an exploratory committee to research the feasibility of a dispute resolution committee which would serve to intercede in disputes between the faculty and student body. She also will be analyzing the feasibility of the proposed in-house doctor at NYLS who would evaluate student requests for disability /handicap status ...senator Fetik announced her displeasure with the level of divisiveness which has evolved over the disability status of students at NYLS. All in attendance expressed the intention to work with any efforts to bring fair treatment and consideration.to any NYLS student who has a disability or handicap.

Senator Andrew Spence introduced an idea for a possible Scholars Program for the purpose of identifying those students who exhibit strong scholarly potential, who would make up a cadre of potential futw:e faculty members for NYLS. He also suggested a SBA push for better and more internships for evening students.

Old Business:Accordingto Dean Ryerson, NYLS does actively recruit NYLS alumni to fill faculty positions. NYLS prefers to hire faculty members that are well-published. However, NYLS alums who are seeking such positions often do not have a sufficient background in published matter .. . Senator Preeti Singh read a letter written by Ian Singer, Chair of the Moot Court Association (see For The Record, p. 12) ...

The John Wilkes Booth mock trial was a great success and the National Law Journal gave the trial a great write-up.

New Business: Senator Andrew Spence asked that a special phone hookup be installed so that evening senators could call in and attend the committee meeting via phone. Elections for the 1995-96 Executive Board - the Election Committee: Ed Zelmanow, Chair; Mia Dell; and Mel Simmons. Any person who has ever been a senator or executive board member is eligible to runforanexecutiveboardposition(exceptgraduating students). Should Senator Simmons decide to run, another senator will be appointed to the committee. Important dates: March 9 - nominating petitions will be available in the SBA office in the Lower Level of theStudentCenter and Student Services on the 5th floor of the A building; March 16 - petitions due; March 17 - candidates' names will be posted; March 21 - candidates can submit statements/pictures;March29-30-electionsfrom 10:00 a.m. - 10:00 p.m., run by exam proctors.

••Editor'~ Note: These minutes were condensedfrom the official minutes of the January 27 and March 3 SBA meetings, as submitted by Secretary Laura McGinn.

New York Law School

NAPALSA Conference Encourages Coillillunity I

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"Strength and Diversity: A Vision for the Future" guided the National Asian Pacific American Law Students Association's recent conference, which strove to instill a sense of community among members of the legal profession.

The keynote speaker for NAPALSA's 14th Annual Conference was the Honorable Joyce Kennard, Associate Justice of the Supreme Court of California. Her speech emphasized education and leadership in advocating the strength and diversity of the Asian/ Pacific American community.

During the conference, held at Loyola Law School in Los Angeles, on October 28-30, 1994, speakers and panelists discussed a variety of issues of import to the Asian/Pacific Islander practicing law in America. One panel discussion concentrated on interracial tensions between Asian/Pacific IslanderAmericans and other minority groups. Rocky Chin, Commissioner onHumanRights;MikeHemandez, Califemia Councilman; and Ron Wakabayashi, Executive Director of Los Angeles County's Human RelationsCommissiondiscussed problems that occurred during the L.A. riots, noting the tension between Koreans and African-Americans.

Another seminar discussed criminal prosecution of Asians.

Criminal defense attorney, Mike Yamamoto, and Orange County Deputy District Attorney, Robin Park, discussed the growth of Asian gangs throughout the United States.

They introduced data indicating an increase in the current trend of activities dealing with Asian-American gangmembers. They are con- . cemed that many Asians are being labeled as "gangmembers" only because of their dress. Robin Toma of the ACLU emphasized the constitutional violations in labelling a person as a gangmember without actual evidence that a law was broken or proof of any kind of conspiracy.

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As law students studying in the New York area, we should remember these goals, follow NAPALSA's guidance, and contribute to the development of our community. New York has one of the largest "Chinatowns" in the United States. We, as educated law students, have advantages and opportunities that allow us to make a difference.

Other panels and seminars NAPALSA was founded in included topics dealing with (1) 1981 to promote communications Women of Color and Feminism, (2) between the different Asian andPaImmigration Backlash, and (3) Race cificlslander-Americanlawstudent and Homophobia. The speakers en- organizations. NAPALSA's annual couraged all Asian/Pacific Islander conferences provide a unique oplaw students to get involved with portunityto discuss legal issues pertheir community and to use their tinent to the Asian/Pacific Islander professional skills and knowledge American law students. One repreto make a difference in promoting sentativefromNYIS'sAsianAmerithe growth of the Asian commu- can Law Student Association atnity. tended the Los Angeles conference.

C1993 CtOSIWOl'd Magazine Inc. For a free cross~ puzzls ~ue. cal or write: en.a.otd Magazine, Inc., PO Sor ~A, Bellmol9, NY 11710 (516)~79

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APRIL 1995

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All the panel speakers and the ensuing discussions emphasized the goals of the NAPALSA conference.

They are (1) to promote a deeper understanding of the political, economic, and historical role and status of Asians and Pacific Islanders in America; (2) to increase greater interaction and mutual support among Asian and Pacific Islanders present in law schools and in the legal community; and (3) to organize the Asian/Pacific Islander American community and other under-represented peoples.

"The speakers encouraged all Asian/Pacific Islander law students to get involved with their community and to use their professional skills and knowledge to make a difference in promoting the growth of the Asian community."

Reporter

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New York Law School

Reporter

S orts Play Ball!?

Commentary by Ron Gregorio '95 After a long winter of controversy, debates, rumors, negotiations, and squabbling, the Season is finally here.

Millions of fans from all over the world will watch the teams of pampered, millionaireathletes who, when they're not whining about why they should be paid more money than the other pampered, millionaire-athletes, will be engaged in intense competition from March to November to decide who will be world champion. The fans are statistic junkies who bore the unwarywithfactsandfiguresfromasfarbackas the tum of the century, while endlessly debating the athletes' abilities and waxing poetic about the legendary stars of yesteryear. They spend theoff-seasonanxiouslyawaitingnewsofplayer movement and managerial changes and agonize over whether to be loyal to the home team or to root for their favorite athlete when he signs with a new team. They're glued to their televisions for hours, watching commercials and listening to announcers blabber, while waiting for the five minutes of real action. Or, if they feel like enjoying the great outdoors, they can pay outrageous prices for snacks and beer in the grandstands of massive steel and concrete structures that radiate a park-like atmosphere. But, since there's no real baseball yet this year, I can only be referring to Formula One automobile racing.

With all these similarities between the two sports and their fans, I don't understand why baseball fans don't follow Formula One. Sure, Formula One can be tedious at times, but so can baseball. Even while people like Michael Schumacher, Alain Prost, Ayrton Senna, and Nigel Mansell were going flag to flag with nary a pass, there were always good battles going on in third through tenth. Then there's always the

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excitement of trying to guess on which lap Andrea de Cesaris is going to crash.

Even without de Cesaris' escapades, Formula One is certainly a lot more interesting than watching a batter kick dirt and adjust his crotch for five minutes while the pitcher and catcher try

"The point is that even people who've never played sports are obsessive about them, yet practically everyone has spent some time behind the wheel, but few care about racing." to decide which pitch to throw, and when they finally decide, the batter steps out of the box to kick dirt and adjusts his crotch once more. Yeah - that's real excitement. Yet, millions of people regularly watch baseball and other similarly boring sports.

I know a couple that never played tennis but paid $200.00 to see the U.S. Open. I have a woman friend who has never played football but was glued to the tube every Sunday and nearly killed herself each time the Eagles selfdestructed in the playoffs. I had a roommate who would sit on the couch for hours and watch golf on TV. Golf?! Golf is even more boring than

Iron Maiden, Iron Maiden- The 1980'sheavy metal explosion was captured fully by this band.

Also, check out their more popular release, The

Bob Marley, Legend (Tuff Gong) - Those seeking Reggae need not look any further.

Number of the Beast.

Dirty Rotten Imbeciles (a.k.a. DRI), Dealing With It (Enigma) - Best of the hardcore scene.

Also check out Black Flag, Wasted Again (SST).

ABBA, Great Hits (Polar) - Still the greatest Euro Pop band ever.

Credence Oearwater Revival, Chronicle (Fantasy)-Chock full of really great music. They always deserved more attention.

Kiss, Alive II - 70's glam rock. Best live album ever. Influenced everyone today in one way or another.

They could fret over whether Steve Howe time, or whether Pete Rose will surface as a replacement player, or they could join such racing fans as David Letterman, Jay Leno, Nick Mason, and George Harrison and tune into Formula One. If sixteen Formula One races aren't enough, there's always IndyCar, NASCAR, or some other form of racing to placate sports fans until football season starts.

Rock ...

Guns -n- Roses, Appetite for Destruction -

Surfin' Hits: Various Artists (Rhino) - A collection of some of the best surf songs ever made. Also see Dick Dale, Tribal Thunder (Hightone Records).

I've always been amazed by how disinterested Americans are inmotorsports, even though they spend inordinate amounts of money to buy BMWs, Acuras, or whatever trendy brand is the status symboldu jour. They buy 250 horsepower, $40,000 luxury cars with which they clog the left lane at 55 mph. They pay a premium for more powerful V6 engines in their minivans, passing over economical four-cylinder models, so they can waste gas and pollute while they drive the kids to Little League practice. In fact, after expenses for housing, Americans spend more on cars than on anything else, yet they know nothing of the designers, engineers, and racers who've helped develop the car~ for which they gladly overpay. I'd bet that if you polled the average sports fan, less than five percent could name the current World Driving Champion or the winner of the Formula One Constructor's Championship, yet most of them could tell you who won the World Series in 1935, or who won the American League batting title in 1967. But how will these fans pass the time this season without major league baseball? Will they care that Vinny from Queens is batting .260 leading off for the Yanks, and if not, what will they talk about? is going to get busted for cocaine for the eighth

BO's glam rock. A classic by now.

Bee Gees, Best of (Polygram) - Pre-disco era, when they were cool. See also Simon and Garfunkel, Greatest Hits (Columbia).

baseball. The point is that even people who've never played sports are obsessive about them, yet practically everyone has spent some time behind the wheel, but few care about racing.

Screeching Weasel, Boogada Boogada ...

(Roadkill Records (312) 472-1455)- Upbeat, melodic punk rock that makes Green Day look like amateurs.AlsocheckoutTheRamones,Ramones (Sire).

Anthrax, Among the Living (Island) - Speed metal enthusiasts need this one as well as Metallica, Master of Puppets.

Local Scene The Continental (212-529-6924) is a local dive located on Third Avenue near St. Mark's Place. It hosts some of the city's best alternative, punk, and rock bands. Weekdays it is absolutely free and on weekends, it's $5. Wednesdays they even have op~ mike night, starting at 4:00 p.m.

APRIL 1995

Sea Monster, a truly undiscovered gem, appears there frequently on Saturdays.Who Killed Bambi, a '70s punk bank, plays there occasionally. On April 9th, don't miss Flatus, punk rock a la Green Day. Try not to miss Warrior Soul, a great glam rock band, that plays all over the city.

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New York Law School

Reporter

19

5 orts King of the Ring Commentary by Chris Waldron '97 The door slowly opened to the Indiana Youth Correctional Facility and a man strode through into the sunlight. For the first time in many years, this man was free. Free to smell the morning dew, to walk in a grass field, to enjoy family and friends, and to live his life once again.

This man was Mike Tyson, and when he was released from prison last month, the entire country asked the question, "What happens now?"

Many people are saying that he will fight again to reclaim his rightful crown. Boxing promoters all over the country are lining up at his front door, in order to get him to sign with them.

However, Tyson is not the same man that went into prison on a rape conviction several years ago. He has had time to reflect on his life and he has become a Muslim.

As the day of Tyson's release came closer, sports pages were full of reports that he will a take multi-million-dollar offer to fight once again.

Headlines soon might say, "Tyson KO's King," or "Tyson Runs for the Money." But no one really knows what this man will do now that he has been released. If Tyson does decide to fight again, he will have a lot of work to do to pull this sport together and make it the money-making machine it once was when he was on top.

The bunch of contenders Tyson would face are rather lackluster. Buster Douglas, the man to whom Tyson lost the belt so many years ago, grew fat and lost the to Evender Holyfield. Now

Douglas is talking about fighting once again.

Riddick Bowe, who won the championship from Holyfield as a lean, powerful boxer with a knock out punch, lost the belt. Bowe, too, got fat and

"If Tyson does decide to fight again, he just might bring this sport back its prestige and its excitement. Hopefully he may even take away the tarnish that has come over this sport when he went to jail." lazy and didn't train as hard once he won the belt. Holyfield almost had a heart attack in the ring defending the title, which he had won from Bowe in a classic fight, against Michael Moorer.

The man at the top of the boxing world today is an old man in the sport: the always comical and highly revered George Foreman is the current Heavyweight Champion of the World.

who put these fights together. M~ like Don King and Rock Newman all want a piece of Tyson - and they just might get him. I can see it now ...

The gun sounds and they're off. King has the early lead but Newman is close behind. King is using everything he has to stay ahead but Newman is gaining and as they come to the wire they are neck and neck. They're at the line and the winner is...

. .. Ahhh ... Well, it's not that important.

What is important is what will happen to Tyson now that he is free again.

Tyson is a little bit older, a little wiser (hopefully), a little bit more reflective, and I'm sure just a tad bit meaner. If Tyson does decide to fight again, he just might bring this sport back its prestige and its excitement. Hopefully he may even take away the tarnish that has come over this sport when he went to jail.

Maybe, if Tyson does come back, with his life straightened-out and a chip on his shoulder once again, just maybe we all might hear that all familiar phrase:

The winner of this bout and new Heavyweight Champion of the World, "Iron" Mike Tyson.

Good luck Mike.

These are the men that Tyson has to fight, but the truly outrageous characters are those

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