Nyls reporter, vol 11, no 7, april 1994 by New York Law School Library

Civil Forfeiture Overtakes NYLS Imagine that the police have asked you to spy on your neighbor, Marijuano Snow, a known drug dealer.1 You have never taken part in any of Marijuano's crimes. However, every now and then, he slips your fifteen-year-old son, Jinx (who hangs out on your front steps), a few bucks to call out when. the police cruiser is about to roll by. When you refuse to do the police's bidding, the prosecutor seizes your home under a statute that declares forfeit any "real property, . . . which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this subchapter .... " Although you may bring an action against the government for the return of your home, you will fail unless you can prove that your home does not fall within the statute. Is this a taking without just compensation and thus prohibited by the U.S. Constitution? Is the burden of proof properly allocated in the action against the government? These are only two of the many issues that arise in the area of civil forfeiture. On Saturday, March 5, 1994, in the Ernst Steifel Reading Room, the

New York Law School Law Review assembled an impressive array

audience included practitioners and students. Coffee and lunch were served. One audience member, an attorney, told me "This is a beautiful room!" He noted, in particular, the chandeliers. The panelists were: Mary M. Cheh, Professor, The National Law Center, George Washington University; Cameron H. Holmes, Unit Chief, Financial Remedies Unit, Arizona Attorney General's Office; Roger Pilon, Director, Center for Constitutional Studies, Cato Institute; Steven L. Kessler, Law Offices of Steven L.

I'HoTo Br Scorr STAR

of legal scholars and practitioners to address these and many other issues in a symposium entitled "What Price Civil Forfeiture? Constitutional Implications and Reform Initiatives." The symposium was organized by Law Review Executive Editor Deborah Duseau ('94), with the help of Professor Nadine Strossen, and moderated by Professor David Schoenbrod. According to Professor Schoenbrod, this was the first law review symposium on the subject. About 80 people attended the event and the

Kessler; Ellen Silverman Zimiles, Chief, Asset Forfeiture Unit, Criminal Division, Assistant United States Attorney, Southern District of New York; Stephan D. Cassella, Trial Attorney, Asset Forfeiture Office, United States Department of Justice; Terrance G. Reed, Partner, Asbill Junkin & Myers; George M. Fishman, Legislative Counsel to United States Representative Henry Hyde and the House Republican Policy Committee; and Terrence P. Farley, Director, National Drug Prosecution Center. This distinguished panel explored some of the ben-

efits and dangers of civil forfeiture. They also discussed reforms and recent Supreme Court cases on the matter. Civil forfeiture appeared in the 1970s as a law enforcement tool used to seize the proceeds, contraband, and instrumentalities of criminals. Advocates assert that it is a quick and efficient means of stripping criminals of property they use to commit a crime, and that it is a vital law enforcement tool. To support civil forfeiture, Ms. Silverman Zimiles cited an example where an apartment building in Washington Heights was seized from its landlord because it was infested with drugrelated activity. Its seizure, she said, has now allowed mothers to sit safely out in front of the building with their baby carriages. Critics, including Professor Schoenbrod and Ms. Duseau, assert that forfeitures of the kind in the hypothetical violate both the Takings Clause and the Excessive Fines Clause of the U.S. Constitution. They also assert that civil forfeiture statutes, such as the one in the hypothetical, are void for vagueness. Critics also cite the lack of constitutional and procedural safeguards that are used to regulate other types of punishment, and that this law enforcement tool's danger to civil rights outweighs its alleged benefits. Other issues implicated by civil forfeiture include double jeopardy, and the right against self-incrimination. One by one, the panelists expressed their views on the subject. Not surprisingly, they were all well prepared for the symposium. Making the event more interesting were the different

Continued on page 13

'L.

~ New York Lato School Reporter

An Interview With Bernard Mendik As Chairman of the Board of Trustees from 1989 to 1992, and a current Trustee, Bernard M. Mendik has emphatically left his mark on NYLS. Mr. Mendik is instrumental in various facets of the school's operations (fund-raising and campus restructuring) and is widely acclaimed as one of NYLS' finest alumni. Mendik was born on May 24, 1929 in Glasgow, Scotland. His English parents emigrated to the U.S. in 1930, where his father worked as a carpenter and a handyman during the depression. Mendik attended City College of New York where he met Judge Sidney Asch who was teaching there at the time. When Judge Asch later became a legislator for New York State Mendik worked for him, and after graduating, he served in Korea for two years, When he returned from the army, he looked up Judge AschwhowasteachingatNewYorkLawSchool; it was Judge Asch who convinced Mendik to apply to NYLS. Mendik attended NYLS at night, and met his late wife at school where both were on the Law Review. He served as Notes Editor under · Judge Rosenberger who was Editor-in-Chief at the time, and is currently Vice-Chairman of the Board of Trustees. Mendik got his start in real estate while a student at NYLS, and by the time he graduated he was already syndicating real estate, and owned three buildings in Manhattan. Mendik never had to represent anyone but himself. Mendik is Chairman of the Mendik Company, which has owned and developed office and commercial properties since 1957. The Mendik company is the owner/manager of a real estate portfolio covering eleven million square feet of commercial office space in the New York metropolitan area. In the early eighties, Judge Asch invited Mendik to a faculty luncheon, where he met Dean James Simon and was later invited to join the Board of Trustees. Mendik accepted, and began his tenure at NYLS as a member of the Board of Trustees. When Mendik joined the Board of Trustees, the library, which did not conform to the ABA standards, was spread over three buildings and seven floors, so NYLS was under pressure to improve the library facilities. Mendik's help and expertise in real estate was recruited on a pro bono basis, to remedy the library crisis. To solve the problem of space, building a whole new school on the vacant lot that runs to West Broadway was considered. The idea was to build two apartment condominium buildings where the first eight floors of the building would be the new school, and the construction would be financed by revenues from the rest of the condominiums. But it was 1987 when the real estate market was on the decline so the idea became too complicated, financially unfeasible, and was eventually abandoned. At the time though, the building that the library currently occupies, was owned by a Swiss investment group, which Mendik knew, and was leased to the New York City Human Resource Administration. Fortunately, the lease on the building was about to expire. The depressed real estate market and the fact that the lease was not being renewed, presented NYI.S with the perfect opportunity to buy the property because the Swiss owners ran the risk of having an empty building in Manhattan.

Mendik, as Chairman, had to convene the 'Board of Trustees to raise money. The Board implemented the second century campaign to raise $15 million for the library ($7.5 million to purchase it, $5.3 million to renovate it and $2.2 million for the school's endowment). The fund raising campaign was kicked off by Mr. Mendik, who personally donated a substantial amount, along with Hank Greenberg, Sam LeFrak, and Charlie Dyson, among others. The effort was so successful that the Board of Trustees decided to raise $1 million more to renovate the student center. They have raised $14 million thus far, and need $2 million to achieve their goal. As a token of the Board's appreciation to Mendik, the school named the library after him, and gave him a small replica of the library that is sitting in his office.

..... BE_RN_A_R_o_M_. M-END-IK

The final act Mendik performed as Chairman was to recruit Dean Wellington from Yale University, after which he stepped down. He is still on the Board and will continue to serve for "as long as he can." The school's Board of Trustees is empowered with the legal authority to approve professors for tenure, appoint the Deans, approve capital projects, handle the finances of the school, and engage in the long term planning for the school. The board meets five or six times a year in the board room on the third floor of the library. On average, it takes about five hours a week of a Trustee's time, and all their services are on a pro bono basis. Trustees are picked through a nominating commit-

tee, based on their promising contribution to the school. So the committee has to look for a person that is willing to dedicate the time, has something to offer and generally has a reputation in New York, or nationally, that reflects NYLS ideals. If a Trustee can donate money it is helpful, but not essential. The prospective trustee does not necessarily have to be an alumni, although the majority are. The current Board of Trustees is committed to improving the school, and spending the money to do it such as enlisting capable professors, getting a more diverse pool of students to reflect the population of New York City, continue with the evening division, because it attracts one third of the student body, and creating more scholarship money for the students. Mendik believes that NYLS has a politically aggressive student body as evidenced by the fact that a lot of the students go into public service. Also, the New York City and New York State judicial system have the highest percentage of judges from NYLS. Mendik believes law school education is helpful, whether you go into business, law or any other field. It teaches you how to read, write, think critically, identify issues, and be a problem solver. A good lawyer or businessman listens to all sides, identifies the issue at the heart of the problem, and solves it. The New York Law school education helps you develop these skills. If you choose to go the entrepreneurial route, do not practice law for too long, Mendik advises, around five years or so, is long enough. The risk you run by practicing law for longer is that you may become too conservative in taking risks. A successful entrepreneur needs to take risks and not lose any sleep over it. That is why he hires lawyers with three to four years of experience, but does not hire students directly out oflaw school. He wants them trained in the legal profession, with some experience, but before losing them completely to the law __. profession. Mendik devotes his time to many organizations and recently received the 1993 Ellis Island Medal of Honor for his civic activities. Although he is pressed for time, he lives by his theory; "the busiest people have the most time" because they are organized and efficient with their time.

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APRIL 1994

.. ·~

- N~~York law

SchOOl

Reporter ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Features · Eating Around - A Cultural Feast Pakistan Tea House 176 Church Street If you're in the mood for some spicy food and don't have much This restaurant has an inter-· money this is esting twist to it - a mixture of definitely the French bistro and Malaysian cui- place to go. sine. What you ultimately get is At lunch you someunusualdishesthatworkpar· can get sizeticularly well. For example, the able portions for only $4. Chicken Randang is spicy morsels Among the of chicken served with rice lightly flavored with coconut, or the d i s h e s Chicken Satay served with a very sampled the good peanut sauce and the same were lightly flavored rice. In addition to C u r r y the food, the presentation is an im- Chicken made with portant aspect that many restaumeat rants forget. At the Station, the dark only, the Daal (lentils) was good, presentation was perfectly executed to balance what would have been Ghobi Mutter (cauliflower with an otherwise bland-looking dish. green peas) was excellent, Channa (chick peas) was spicy but tasty, as The desserts were extremely good and among those sampled were a well as, the flavorful Saag or Palak Paneer (spinach with homemade very rich Apple Tart and the Creme cheese). Don't forget to get a naan Caramel. Prices are a little bit higher than some of the dives in the area, (a type of bread) when you order to but it is well worth it for both the food and the atmosphere. Excellent.

Franklin Station Cafe 222 West Broadway

make the meal authentic. What you don't get at this place is any atmosphere. You may want to take the food to go and eat in our own cafeteria . On the positive side, this resta ur ant is owned by two NYLS graduates (you see, people do get jobs when they get out of this place). They offer a 10% discount to NYLS students, so don't forget to ask for it. Good-excellent.

"On the positiue side, this restaurant is owned by two NYLS graduates (you see, people do get jobs when they get out of this place)."

NATURAL- HEALTHY-TASTY

Franklin Station Cafe

-----------

222 West Broadway, N.Y.C~ 10013 TEL.: 274-8525

FAX: 27 4-8214

Chef Ho Dumpling House 9 Pell Street

If you want dumplings, this is the place for you. You can get several types of dumplings including shrimp, vegetable, beef or pork, all either steamed or fried. Judging from the amount of orders that people place for them, the most popular type is the beef. The texture and taste is good, and they give you 10 dumplings per serving. The sauce to go with them is somewhere on a few on the tables, so .don't forget to ask for it when your ordercomes. Amongothersampled items on the menu was the Beef WoHop with Broccoli (fair), a monstrous portion of Wonton Soup (good, it Off Mott Street has 10 won tons) and Broccoli in Although this restaurant is Garlic Sauce (good). Prices are very actually located in Chinatown, you · reasonable, expect to pay about $4 just might not want to go there. a serving of dumplings or soup, and $4.50 for dishes over rice. Good. First, there is the ever-courteous service when they throw, not place, the silverware on the table. The Nha Trang food lacks any significant charac- 87 Baxter Street ter other than being pretty bland looking and rather greasy. I ate Do you want to try something there several times only because I different? Nha Trang is a good had the munchies at three and four place to get some good Vietnamese in the morning and they just hap- food. Prices vary from $3.50 to pened to be open (also at those about $7, with the dishes over rice hours I probably don't think at the low end. However don't be straight and just decide to go any- fooled by the prices, the dishes over where). This place is better off rice are surprisingly large compared avoided, even if they are open 24 to the entrees. Some of the dishes hours. Bad. sampled were the Chicken with

Malaysia Restaurant 46-48 Bowery located inside the Chinatown Arcade.

...

Fried Broad Noodles (also rather greasy). There were other items on the menu that I noticed others had ordered, and from my observations I suggest that you stay away from anything that is fried. Good.

If you can find this place, good for you, the food is not bad and the prices are extremely low. I am lucky if I can find the restaurant and I've been there 6 or 7 times. You can expect a dinner bill to be about $7 a person and have plenty to eat. Dishesoverricecostabout$4. What is lacking in this place has got to be atmosphere. This is definitely not the place to impress a date, unless you want to impress that person with the fact that you know where to get cheap food. Among some of the sampled items were the Curry Chicken (not bad, but some very strange looking pieces), the Chicken and Beef Satays (excellent), the Curried Vegetables (good), Hoi Nam Chicken on Rice (good), the Sambal Eggplant (very greasy), and the

APRIL 1994

Chili and Lemon Grass (good, but only has dark meat), the Barbecued Beef as an appetizer (excellent, made with hoisin sauce and comes with pickled vegetables and greens), Sa tay Beef with Vermicelli (good), Chicken Curry with Vermicelli (good), Vietnamese style spring rolls (very greasy) and Seafood Soup with Rice Noodles (good; the seafood was plentiful, but the types of seafood was difficult to identifysome of the things in there I have never seen before). Just like most of the restaurants of this genre, this place lacks atmosphere; once they even stuck us at a table with six other people we didn't know. If you go here, don't forget to ask for the complimentary beansprouts they won't tell you about. Good. In the next issue, look for reviews of restaurants owned by New York Law School alumni or their relatives. Students who fit into this classification should feel free to start your sucking up.

.. ·~

- N~~York law

SchOOl

Reporter ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Franklin Station Cafe 222 West Broadway

"On the positiue side, this restaurant is owned by two NYLS graduates (you see, people do get jobs when they get out of this place)."

NATURAL- HEALTHY-TASTY

Franklin Station Cafe

-----------

222 West Broadway, N.Y.C~ 10013 TEL.: 274-8525

FAX: 27 4-8214

Chef Ho Dumpling House 9 Pell Street

Malaysia Restaurant 46-48 Bowery located inside the Chinatown Arcade.

...

APRIL 1994

Neto York Law School Reporter

Traversing the Information Superhighway to meet the challenges of the information superhighway. The second panelist was Melvin Simensky, an adjunct professor at NYU Law School and a The National Information Infrastructure, partner at the law firm of Hall, Dickler, Lawler, also known as the NII or information superhighKent & Friedman. He told the audience about a way, has been the one of most talked-about copyright infringement lawsuit filed in the Southissues in the last few months. As the Clinton ern District of New York on November 29, 1993 Administration envisions it, the NII will be an against CompuServe, a prominent information electronic superhighway that will allow anyone service affiliated with H & R Block. According to access public and private multimedia ser- to Simensky, this is the first class-action copyvices, originating from schools, libraries, uni- right infringement suit ever to be filed. versities, art galleries, newspapers, hospitals, CompuServe's liability may hinge upon whether etc... The information superhighway will neces- it is deemed a common carrier. If it is, sitate the reconstruction of certain areas of the CompuServe will not be held liable for the law, especially intellectual property. actions of its customers. A member of the audience commented that CompuServe is not a common carrier because it provides service only to those customers that it wishes to have on board, while a true common carrier provides universal service without discrimination. Although CompuServe receives a fee from subscribers in return for access to its service, neither CompuServe nor its subscribers pay royalties to the owners of copyrighted works that are downloaded or uploaded. It was suggested that CompuServe's profit motive may result in contributory infringement when customers download or upload copyrighted works. Simensky also said that some people analogize this case to Sony Corporation of America v. Universal City Studios, 464 U.S. 417, 104 S.Ct. 774, 78 L.Ed.2d 574 (1984), in which the Supreme Court held that Sony did not contributorily infringe copyrighted works broadcast on television when it marketed and sold its Betamax video recorders. Like Sony, this case comes at a time when technoThe Media Law Project and the Intellec- logical advances are tual Property Law Section of the New York State causing concern over Bar Association organized a panel to address the applicability of the emerging concerns of intellectual property copyright law as it rights and the information superhighway. The stands. panel was moderated by Professor Edward The third panelSamuels, who teaches intellectual property and ist was Rory J. copyright law at NYLS. Each of the five panelRadding, a senior partists spoke for approximately ten minutes fol- ner at Pennie & lowed by a five minute question-answer period. Edmonds. He spoke The panel was informative and highlighted the about the Patent complexissuesfacingthelegalcommunity.()ver Office's review of 100 people, including practicing attorneys and Compton's patent on law students from Cardozo, Columbia, multimedia retrieval Fordham, NYU, and St. John's, attended the software. The Patent discussion. Sean Malatesta, the Chair of the Office has been critiPanel Committee, was pleased with the panel cized for granting the and the turn-out. "We really heightened awarepatent to Compton's ness of the Media Law Project and New York on the grounds that the Law School's leadership in the New York media patent will place a community," he said. road-block to technoThe first panelist was Louise Dembeck, logical advances on the counsel for Time-Warner, Inc. She began by information supershowing a video on Time-Warner's experimenhighway. According tal interactive network. Although she is enthuto Mr. Radding, as long siastic about the interactive future, and Time- as a patent meets the Warner' s network in particular, she expressed requirements of secconcern about the adequacy of security mea- tion 101 of the Patent sures on the information superhighway. Act, as does Dembeck said copyright infringement will be Compton's patent for the greatest problem on the superhighway be- its retrieval system, cause everyone will have the capacity to reprothere is no basis for reduce and transmit original works easily, per- tracting the grant. Mr. fectly and instantaneously. Copyright protecRadding also distribtion becomes moot if copyright law cannot be uted a packet containenforced. Ms. Dembeck also said that merely ing the requirements changing the copyright law may not be enough for patent protection,

"[C]opyright infringement Will be the greatest problem on the superhighway because 路everyone will have the capacity to reproduce and transmit original works easily, per/ectly and instantaneously."

the specifics and prior art of the Compton patent. He said that all the intellectual property laws will have to be rewritten because the current laws will become obsolete when the superhighway comes through town. Next was David Bender, a senior partner at White & Case and the author of Computer Law, the foremost treatise on software protection and litigation. He spoke about computer software in relation to copyright and patent law. He said that computer abuse, or mischief, will be the primary problem on the information superhighway. Securing the superhighway will be an enormous task. One way to secure it from bandits is encryption of documents. Another way is the implementation of viable, more stringent criminal statutes to deter hackers. Under current federal criminal computer law, the intent to do damage is not required. Prosecutors need only show that the defendant was unauthorized to access the computer and that the tampering caused damage. lnPeople v. Versaggi, 1994 N.Y. Lexis 114, decided on February 15, 1994, the New York Court of Appeals affirmed the defendant's conviction under a computer tampering statute. Although this case is subject to some criticism according to Bender, computer crime statutes like the one in Versaggi should be passed in all states. Another way to secure the NII is to teach people about ethical obligations when it comes to property rights of others on the data superhighway.

Continued on page 11

Complimentary Tap Beer with meal

APRIL 1994

New York Law School Reporter

EDITORIAL Exit, Stage Left As I prepare for my grand exit from NYLS (I'm sure to the glee of the administration and many students), I feel the need to reflect upon my experiences during my three years here, in light of the professors who were supposed to have taught me the skills I'm supposed to attain by graduation. In my first year, I had the thoroughly enjoyable experience of having a legal writing professor (professor is used in the most liberal sense of the word) who may have been a good writer, but failed miserably at conveying the concepts of IRAC to the class. She consistently contradicted herself and even graded papers without any comments. The comments she did give

were so contradictory that the entire purpose of constructive feedback was obliterated. Ahh ... , the joys of having your confidence shattered and then being told that you didn't put enough effort into the final product. But hey, the experience was mildly tempered by the six week crash course in legal research which allowed me to realize that I would never learn how to research from a course taught at this school. In my second year, I was graced with the presence of a professor who made it clear to the class that he didn't want to teach the course or our class, but was forced to do so because our scheduled professor passed away over the

summer. Sitting in this class (not only because the school required it, but also because the professor periodically took attendance), I could feel the gray hairs onmy head fighting their way out of their follicles the class was torture. However, most of the classes I took during my second year were interesting and worthwhile. This year, my final year, I took several courses that I thought I'd find interesting. However, one professor did a fine job of displacing my interest with his dull, boring, prosaic, monotone teaching style. Fortunately, there was another professor whose style was imaginative, animated and thoroughly interesting. My final semester is the

most enjoyable 'yet because there are several professors who I do find interesting (rio this is not an attempt to ingratiate myself with them -it'smuchtoolate). Actuallymaybe it's because I know I'm almost outta' here. Hopefully, when I leave here, maybe I'll actually look back at this entire experience fondly. In the meantime, I guess I'm relegated to looking at law school as an experience leaving a lot to be desired, but it definitely was an effective way to blow $75,000 I just happened to have lying around. Thank you New York Law School, I am "another day older and another day deeper in debt." Rupi S. Badwal, Editor-in-Chief

What People Want Commentary by Smita Butala '95 Religion is a "belief in supernatural power which governs the universe."1 It is a system of faith and worship channeled through different means yet hoping to achieve the same result: a form of ultimate stability and being. Today, however, religion does not serve to diminish chaos, but rather stimulates confusion and violence. This violence is spreading from the Middle-East to Eastern Europe and Russia to India and right back to our very community where the most recent religious attack fell upon Hasidic students returning from a visit to one of their spiritual leaders. Mayor Guiliani declared, "our streets are not open to bloodshed and our communities will not tolerate violence."2 Well, Mr. Guiliani, our streets are open to bloodshed, and violence is spreading wildly throughout the city. In a day and age where religion leads to violence throughout the world, it is imperative that we try to understand the world's faiths. Wemustunderstandwhyandhow they guide and motivate those who commit violence in the name of religion. Although an introduction to the world's religions is beyond the scope of my knowledge and this article, I can begin by introducing you to my own religion, Hinduism. The best way to begin an appreciation for Hinduism is by introducing Mahatma Gandhi who espoused peace at a time when violence and peace clashed. Gandhi's

name became the counterpoise to those of Stalin and Hitler. The achievement for which the world credited this man was the British withdrawal from India in peace, but what is less known is that among his own people he lowered a barrier more formidable than that of race in America. He renamed India's untouchables harijan, 'God's people,' and raised them to human stature.3 The heart of Hinduism is really about what people want. According to Hinduism, people want four things: pleasure, worldly success, performance of duty, and liberation. Hinduism sees pleasure as one of the four legitimate ends of life. However, it requires one to seek pleasure intelligently. As long as the basic rules of morality are obeyed, one is free to seek all the pleasureonewants. Hinduism says, ultimately, pleasure is too trivial to satisfy one's total nature. Eventually, one will realize that pleasure is not all one wants from life. After this realization, one will tum to the second major goal of life which is worldly success. There are three prongs to wordly success: wealth, fame and power. The satisfaction achieved from this level lasts longer because, unlike pleasure, wordly success is a social achievement and therefore involves the lives of others, However, this too has its limitations. "Wealth, fame, and power are exclusive, hence competitive, hence precarious.

inhabits than body depends on the Unlike mental and spiritual values, clothes it wears or the house it lives they do not multiply when shared; they cannot be distributed without in."5 When we outgrow our clothes, diminishing one's own portion."4 we get rid of them. Souls do the To illustrate, if I have wealth, I have same. When souls outgrow our taken that opportunity from some- bodies, they get rid of them and one else. I cannot share that with then they have been liberated. Hinduism extends the idea of someone without giving up a porcause and effect to moral and spirition of my own wealth. After pleasure and success, tual life. It teaches that each indithe third great aim of life is the vidual is entirely responsible for performance of duty. In this stage his or her present situation and will have exactly the future he or she is one seeks to serve the community in an effort to benefit others. The now creating. Furthermore, it carrewards of faithful peformance of ries the belief that what you do in this life will be reflected in your duty are twofold: one earns respect and gratitude from peers but, more next life. If you are "good" in this importantly, one also earns self- life, your next life will reflect that respect from doing one's part. Even "goodness." If you are "bad", your though the performance of duty next life will reflect that "badness." reaps notable rewards, it still leaves When one finally reaches moksha, the human spirit unfulfilled. Even he or she will not experience rethis is finite. The critical point in life birth. It is here that reincarnation comes when these things lose their ceases. The fact that Hinduism has charm and one begins to wish that life had something more to offer. coexisted with several religions for Hinduism teaches that at this stage, centuries helps underscore the idea which is called liberation ormoksha, that all religions are alternate paths one wants infinite being, infinite to the same goal. "Hinduism's classic contention is that the religions knowledge, and infinite joy. Actually reaching the goal of are but different languages through moksha comes under the Hindu which God speaks to the human heading of yoga. The first step of heart."6 It is time to put into pracevery yoga路 involves the cultivation tice what our religions teach us to of such habits as non-injury, truth- do in principle. fulness, non-stealing, self-control, cleanliness, contentment, self-dis- 1 NEW WEBSTER'S DICTIONARY, 317 cipline, and a compelling desire to (1991). 2 Francis X. Clines, 3 Arrested in reach moksha. Hinduism is widely known Shooting of Hasidic Youths, N.Y. for the belief of reincarnation. Indi- TIMFS, March 3, 1994, at Al. vidual souls, or jiuas, pass through 3 Huston Smith, The World's Relia sequence of bodies, which result gions 13 (1991). in repeated cycles of life, death and 4 Id. at 15. rebirth. "In the Hindu view spirit 5 Id. at 63. no more depends on the body it 6 Id at 73.

APRIL 1994

New York Law School Reporter

A Night On The Prowl With N.Y.P.D. This past month the Criminal Law Society announced it was sponsoring a police ride where pairs of students could ride in the back of a New York City police car. My partner and I selected the 34th Precinct in Washington Heights because of its criminal notoriety and the great opportunity we would have to see some real police work. The narrative below reads like a script from a wild western movie: 6:55p.m.: At the evening's outset we are not greeted well by the 34th Precinct's "finest" who treat us as if we are the surviving relatives of Pablo Escobar. The sergeant tells us that because his precinct has no extra bullet-proof vests we cannot ride that night. We tell the sergeant that we have come all the way from Queens and there is no way we are leaving without a ride. Quickly, a huddle forms amongst the sergeant and his officers who fight over who will have the pleasure of chauffeuring us around the area that night. We are finally introduced to Officers Williams and Silvestri who welcome us into their patrol car with some reservation. Officer Williams is a young, burly-looking man and Officer Silvestri is a pleasant woman in her early 30's. With all formalities and introductions set aside, we are now ready to roll. 7:12p.m. - We get inside the patrol car which will be known over the police radios that nightas34-RODNEY. Weare assigned to monitor the excitement at a Purim celebration at Yeshiva University. None of us are happy. The officers want to see some action and so do we. 7:17p.m. - The dispatcher radios 34RODNEY and informs us that we are off detail and back on patrol. Although both officers are elated, we become delirious. Our sector for

Summer

patrol will be the area between 170th and 180th streets, stretching from both ends of Manhattan. Officer Williams advised us that this was the sector where, over the past year, an officer was killed by a twenty pound spackling bucket which fell on him from a rooftop; a fire truck was rained upon with molotoff cocktails; residents rioted after a drug dealer was killed by an officer while attempting to grab the policeman's gun; and, helmetless motorcyclists riding against oneway traffic were hit by police cars. When asked

"Within seconds the local pushers shout 'bajando' to warn their fell ow 'druggies' that police are entering the area." what we will be doing on patrol, Officer Williams replies that we will be looking for suspicious characters and responding to any calls which come into our sector. On the average, we should expect about 15 calls per night. Officer. Williams tells us that the area is drug infested and offers to take us to 163rd Street, the worst part of town. 7:30p.m. - We arrive on the comer of 163rd Street and Amsterdam A venue. Within seconds the local pushers shout "bajando" to warn their fellow "druggies" that police are entering the area. Officer Silvestri advises us that the warning is given so that all drug dealing stops until we leave the area. Sure enough, whistles and

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more shouts of "bajando" are heard. There are about 70 dealers lining the street most of whom, Officer Williams says, are- -probably carrying guns. The officers state they cannot make any arrests or enter any building unless there is probable cause. The drug dealers definitely own this neighborhood. The residents, if there are any left, are at their mercy and the police are helpless to do anything about it. The drug dealers taunt, his, eu tu yell profanities at us as we drive by, knowing that they are beyond the police's grasp. A foreign object careens off a roof and towards our direction. Officer Williams tells us that central command has instructed officers not to leave their vehicle in the event shots or rocks fly by unless tl ey know where they came from. 7:36p.m. - We receive a call of a family dispute at 575 West 177th Street. On our way to the scene we pass what is the most beautiful, modern, and cleanest building in all of Washington Heights: McGonnel Funeral Home. 7:41p.m. - We arrive at the scene of the family dispute. As we enter the apartment a gargantuan 250 pound woman emotionally tells us that her husband hit her because she was working late. The husband, who is about 5'4" and 140 pounds, enters the living room and claims that she hit him. There are accusations of adultery and womanizing thrown around the room for a while. This is not a dispute to be settled by police officers but by divorce lawyers. My partner and I can't help but laugh at what we are seeing, prompting the woman to tell her husband, "Look, they're laughing at us!" Officer Silvestri mediates the dispute in Spanish

Continued on page 9

New York Law School Reporter

An Ombudsman investigates reported complaints (from students or consumers), reports findings, and helps to achieve equitable settlements.1 The Reporter's column "Sound Off To The Ombudsman" is presented for entertainment purposes only. Ombudsman, What classes do you suggest I take next year? Signed, First year needing a boost. Dear probable top 50%: There are two sure-fire methods to boost your grade point average: Talk to third years to find out what the easiest courses are, and take small classes since the professors have more lattitude in grading the exams or papers.

Ombudsman, I overheard a conversation amongst faculty members the other day. They said your column was the stupidest thing they've ever seen. How do you respond? 路 . Signed, . I'm on your side Dear Thanks, but no thanks: Has the faculty looked in the mirror lately? Some of them are the stupidest people I've ever seen.

Ombudsman, I heard that there were some meetings regarding a class gift by the graduating class to the school. Why should we as students give money back to the school? Isn't $50,000 enough? Signed, All loaned out Dear Penniless: Of course you shouldn't give any money back to the school. Think of all the money it has managed to pry away from students by way of tuition, change of program fees, books, overpriced food, etc. They should make such a gift optional for those who really feel a need to give something back to NYLS. The liberals of NYLS who condemn materialism and view money as an inherent evil, yet manage to obtain $80,000/ year jobs, should forfeit at least half their salary to this school and subsidize the class gift. This would prove their "true" dedication to social needs.

Ombudsman, I was denied by the Reporter Editorial Board the distinct pleasure of running for your position. The reason given was that I failed to contribute a useless trivial article to our useless trivial school paper. Why must this injustice occur? I believe you are stupid and your progeny will continue in this unadmirable trail. Finally, I would "guest Ombudsman" if your successor ever goes on hiatus. Signed, Mr. Anonymous (in case the rules change) Dear Ombudsman wanna be: As far as I know, you never kissed up to anyone on the Reporter in order to deserve a shot at becoming next year's Ombudsman. This job

sucks anyway so I don't think you really want it. Nevertheless, you sound like a sore loser who cries whenever he doesn't get whatever he wants. My advice to you is this: Try getting back at next year's Ombudsman by sending harassing letters to him every issue. Physical threats may also be used to your ad vantage. Get under his skin as much as possible and eventually challenge him to a battle where the winner will take over the crown of Ombudsman. We will then know if you are truly worthy of the position. By the way, you must be some kind of sucker.

Ombudsman, What's the deal at NYLS? Why do we have so many poser liberals at this school? I bet these people were Reagan fans during the 1980s. Do they lack their own personalities or what? Signed, Tired of the Whiners Dear Don't Join the ACLU, Fads come and go, and the trend nowadays is to be a dopey liberal. Look at "Clitton." He's taken every conservative idea on crime, defense and the budget and proclaimed it a liberal blueprint. The 'same thing is going on around here. When these people get out in the real world and spew that liberal crap they will be quickly snapped back to reality. I love it when some stupid liberal sticks up for a squeegy guy's rights and then gets carjacked by that same squeegy guy. That's right, justice for all.

Ombudsman, My question is as follows: The [name of a person who is on a prominent school publication will be withheld so as to prevent them from being subjected to public ridicule and/or the thrashing they may deserve] is the most nasty and obnoxious person I have ever known! Although I have been fortunate not to have had a personal encounter with [blank], [blank] always scowls and walks right past me whenever I try (unsuccessfully) to be friendly and say "hello." Furthermore, a number of students have told me of their horrifying experiences with [blank], including [blank's] condescending manner and attitude towards fellow students. [Blank' s] very presence makes my stomach crawl!! Ifeel angry about the way [blank] acts towards fellow students, and want to convey my feelings to [blank]. How can I tell [blank] what I think without hurting [blank" s] feelings? P.S. I like your column!!

of control and should realize that we are all on the same level here. Either treat us with respect or start learning to do without us." If that doesn't work then here is a bit of a consolation for you. I know who [blank] is. [Blank] sent a resume to the firm I work for and when I discovered it, I tossed it in the trash. I hope this makes you feel better because I hate [blank] too. 路

Ombudsman, I am~ angry! Two years ago, a close friend of mine was sexually harassed by [one of her professors]. She complained to [an administration member], who was nasty and hostile towards my friend, and refused to intervene. (Subsequently, a sympathetic administrator switched my friend to another section). Meanwhile, the professor who sexually harassed my friend is allegedly still teaching at New York Law School! . I feel that [the administration member] should be removed from her position immediately, and then taken out and shot! My question: What do you think can be done to prevent this type of dereliction and insolence on the part of such persons from happening again? Signed, Angry Feminist Ombudsman's note: This question was also edited to conceal the identity of all parties involved. If you really have a problem with these professors take it somewhere else. This column is only here to fill pages not to incite homicides. Dear Perturbed: You could have asked Anita Hill this question, but instead you opted for the Ombudsman. I'm flattered. If what you say is true, then you should cast out this professor and tum him/her into an example of what will happen when a professor sexually harasses a student. Post flyers around school with his/her picture proclaiming him to be a sexual fiend. You may have to defend yourselves in a libel suit, but the rest of us will have something to discuss for about a week. I myself was the victim of a professor's sexual harassment in college and high school and know what it's like. When you sense that a professor is "coming on to you" in an offensive manner, begin pretending that you're Lorena Bobbit and are lividly awaiting a chance to slice a man down to miniature size. That will likely scare off any demon, particularly the ones here at NYLS.

Signed, Fed Up with Nasty People 1

Ombudsman's Note: This question was edited to conceal the identities of all parties involved. The description of the person who is the focus of this question is similar to that of about 100 people at NYLS. Don't come complaining to me. Dear You must really hate [blank]: Like they say, the best approach is the direct approach. If [blank] is such a big shot who looks down upon people, then they'll have no trouble receiving a bit of their own medicine. Next time you see [blank] being insensitive to one of your friends, grab the opportunity and instigate a conversation about [blank's] attitude. Just say, "Look [blank], you're really out

APRIL 1994

WEBSTER'S NINTH NEW COLLEGIATE DICTIO-

NARY, 823

(9th ed. 1983).

New York Law School Reporter

Night Prowl Continued from page 7

569 West 173rd Street. We respond, and upon arrival, two of the youths slowly walk away while the other two remain in the hallway. As we enter the smell of dope consumes us. Officer Williams asks one of the youths for his name, age, and some form of identification. The youth arrogantly responds "why should I?" Officer Williams once again asks the youth for identification and begins to pat him down for a weapon. As the officer does so the youth strikes Officer Williams below the chin prompting a struggle between the youth and both officers. The officers manage to handcuff the youth after an animated struggle. The other youth watches on and stares at us pondering whether we would prevent his escape. Meanwhile, we are pondering whether we'd prevent such an attempt. The youth is brought to his feet and slammed up against the wall. We dump him in the back seat

of the patrol car and wait for alternate transportation to arrive. While he-sits in the car, he begins to fake an injury prompting Officer Williams to tell him "I'm not buying your act." 9:15p.m.: We arrive at the precinct to find the imprudent youth now standing straight and sporting a pair of eyeglasses. He's obviously going for the college look. He is charged only with misconduct. We ask Officer Williams why the youth is not charged with assaulting an officer. Officer Williams replies that he'd never file such a charge because then the youth would claim that the officer struck the first blow and the judge would likely believe the youth over the officer. 9:30p.m.: Officer Silvestri tells us that she and her partner will be ordering in for dinner

and informs the couple that if we have to return later that night, both will be arrested. 7:51p.m. - We proceed to 517 West 172nd Street to survey another drug lair. At this one the entrepreneurs have distributed business cards marketing their trade as "El Pure." Officer Williams tells us that the persons entering and exiting the building are definitely conducting drug sales however, unless some kind of probable cause arises we cannot enter the building. Cars with New Jersey license plates line the street. The drug dealers stare at the car almost challenging us to attempt an arrest. 7:58p.m. - A call comes in from 507 West 173rd Street where a person is bleeding pro-· fusely due to what the dispatcher states is a. Continued on page 13 "busted leg." We arrive on the scene within minutes and upon entering the apartment discover huge lakes of blood covering the floor and walls. LEXIS~NEXI5 The blood trail leads to the rear of the apartment where a middle-aged man sits in a reclining chair, smoking a cigarette, while his leg bleeds profusely. The family states that the cause of his wound is supposedly a varicose vein. The officers are skeptical but see no evidence to believe otherwise. We wait 20 minutes before EMS arrives. "That's pretty good time" says Officer Williams. 8:20p.m. - As soon as we exit the building another call comes in reporting a burglary in progress at 600West 164th Street. We arrive to find a nearly hysterical man outside the building telling us that his brother's family lives there and he fears they are in danger. Last week, the family were victims of a "push-in" robbery where they were tied up and the brother was slashed in the back of the neck. We proceed to the fourth floor where the apartment is located. As we approach the apartment the police draw their guns. Although Officer Williams announces himself at the door, there is no answer. He then proceeds through the apartment below, onto the fire escape and looks into apartment 42. He sees nothing out of the ordinary and informs our friend that there is nothing more we can do because of the search and seizure laws. The man becomes more hysterical and insists that we do something. Ultimately, his brother shows Call to register for Fast Track: Choose your Fast Track level: up with two friends. He opens the LEXIS Refresher 1-800-222-8714 apartment door where we venture (beginning February 17) Power LEXIS inside to find a fashionably decorated apartment in one of the most run Choose your Fast Track dates:' Get the T! down buildings in the area. Officer Silvestri asks the brother what he does As a special gift for attending March 28-April 2 for a living and the brother replies, "I Fast Track training, you will April 4-9 work in a bodega." Officer Silvestri receive a free I 00% cotton April 11-16 says that everyone in the area says LEXIS/NEXIS t-shirt. • April 18-23 they work in a bodega. Ironically, Officer Williams recognizes the * All dates are not available at all school . Check with your Fast Track representative. brother's two friends - he had arrested them recently for drug peddling. 9:00p.m.: We receive a call that f)l99~ \1caJ Data Ccmral. a d1\1,mn ol The \kaJ Corporation, All righ1 rc-crvcd. LEXIS and. 'EXIS arc rcgi tered lradcmark of ~fead Data Central. THE WORLD I. YOl:R HA~D logo and fat Track are trademarks of Mead Data Central, four young males are harassing and threatening people in the hallway of

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New York Law School Reporter

Park McGinty - NYLS' Corporate Raider ing represents. He said "This is not a rampant problem, but when incidents occur we deal with them on an individual basis. The committee serves an important function in that it preserves Professor McGinty began teaching at New the academic ethics and integrity of the school. York Law School in 1989. This is his first legal Professor McGinty also serves on the Adteaching position, but it is not his first experi- junct Faculty Committee. I asked him what that ence in front of a class. Before attending law school he taught religious studies at Moravian College from 1971-75, and then at Lehigh University from 1975-80, both of which are in Bethleham, Pennsylvania. He graduated from Yale Law School in 1983 and worked as an associate for Richards, O'Neil and Allegaert from 1983-84. He then worked for Davis, Polk and Wardwell from 1985-89. In 1989, he joined the faculty at New York Law School to get back into teaching and academia. Teaching at New York Law School is both challenging and rewarding for Professor McGinty. He finds the students here very bright and articulate. "It is a pleasure to teach students who contribute to the learning experience. PHOTO BY GREG MAROTTA Teaching is not a one way proposition. I prefer student interaction." . I find Professor McGinty' s philosophy of teach- committee does and he responded, "[w]e reing healthy and logical. It makes learning a view the needs of the school as they change and partnership between the students and profes- then we go out and fill those needs. It is done on sor, an ongoing inquiry. He teaches Corpora- a case by case basis as a need arises. Sometimes tions, Corporate Finance, and Securities Regula- . people approach us with an idea for a course to tion/Securities Act of 1933. teach. We review all the information and make I asked Professor McGintywhat he thought a determination based on what direction the of the "C" curve everyone talks about. He said, school wants to go." I'm sure we would all agree "I don't feel bound by the curve, but I am aware this is an important job because the professors of it when I am grading. It does play a part in my we hire today will become the school's reputaconsideration of grades." tion of tomorrow. The bulk of Professor McGinty's time is I found Professor McGinty's background spent outside the classroom. He serves on two in Religious studies very interesting, so I asked faculty committees and is preparing an article him why the switch to law? about hostile takeovers. His committees deal He said that although he was religious in with adjunct faculty and academic responsibil- college, serious doubts about religion propelled ity. him to go to graduate school to resolve them. He The Academic Responsibility Committee was convinced by different philosophies of other reviews incidents of student misconduct or religions and by arguments of anti-religious cheating (see article entitled "Academic Respon- philosophers and social thinkers, and he ended sibility Committee" in this issue). I asked Pro- up an a theist. fessor McGinty how much of a problem cheatII

Though he doesn't believe there is any transcendent source for human morality, Professor McGinty thinks that morals and ethics are part of mans makeup, whether one is religious or not. "We' re always responding ethically to things, large and small, just as we're always responding intellectually or aesthetically." Right now, his outside interests center on large economic and political developments that have occurred since 1989. These events excite him because he believes that the way to a humane global society is through the processes of competitive market economies, democracy, and naturalism. In his view, market economies can provide social wealth and the possibility for all peoples to better their condition, and democracy can provide for political freedoms and the chance to remedy past injustices. He thinks that although naturalism is notparticularlypopular now, eventually it can provide the basis for a cosmopolitan life philosophy. "We need some substitute for world views that make people hate and persecute other people because the other people believe different things, or are considered unclean, or want the same 'holy' ground." He thinks that all three processes - market economies, democracy and naturalism have to work in tandem to create a better world for the bulk of humanity. "People that have known a lot of poverty, exploitation, and violence have to see their children having a realistic shot at living in a society that offers meaningful economic and political opportunities. Maybe then they'll be willing to lighten up about life after death, and go a Iittle easier on all the things religion tells them to do, including maybe killing people, to get that heavenly reward." Professor McGinty sees politics, corporate and securities law, economics and finance as the most important and interesting things going on now and for the foreseeable future. He is pleased that studying law in general and corporate law in particular allows him to deal directly with many of the same issues that studying religion addressed so indirectly before.

Movie Review - Sugar Hill Sugar Hill opens through the daydreaming eyes of Romey, as an adult, played by Wesley Snipes. As a child, Romey witnessed his mother overdose on Heroin. His vision of this event is vivid and touching, and it sets the tone for a tragedy. However, the feelings of sympathy are lost because the script does not carry the audience through the movie. The story takes place in the historic neighborhood of Harlem. Although the acting scenes don't connect, the photography captures all of the beautiful landscape. Harlem is like most neighborhoods, full of life and love, but there is a part of this ancient place that thrives on drugs, guns, and murder.

Romey is a drug dealer, but he never adapts the drug dealer mentality. He is intelligent, articulate, mannerly, and sensitive. Although he is a victim of his parents' choices, Romey' s lifestyle is a consequence of the choices that he has made. Romey's father, A.R., is played by Clarence Williams III (formerly Link on Mod Squad). A.R. is a drug addict but Romey remains loyal to his father. He brings his father food, feeds him and spends time with him. A.R's performance is stunning. His portrayal of a drug addict goes even further because he conveys what it means to lose all hope. A.R. has no desire to live, he simply exists. Romey desperately wants out of the drug business. But he can never truly be free because the Italian Mafia wants to keep ac-

AP~ 1994 l

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tual control over his neighborhood, his employment, and his profit. Romey's only attempt at happiness comes through his pursuit of a lovely lady, played by Theresa Randall. This is where the script becomes hollow and frustrating. The story lags because it fails to explore this sensitive relationship between two people from the same neighborhood that live such different lives. The link between the two lovers is never explained, but somehow they end up together. In the end, the audience is left trying to put together what actually happened in this drama. Overall performances by Snipes, Williams, and Randall are the real highlights. Unfortunately, the script does not allow the actors to make this into a super movie.

, ._

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Neu; York law School Reporter

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Clinic students will directly represent cli- students. Not-for-profit cases don't require ents in the areas of political asylum, non-profit court"appearances and therefore more easily fit organizations, housing and lending discrimina- into evening students' schedules. The class is She nervously arranged and rearranged tion, and community reinvestment. The Clinic scheduled for the 4 p.m. time slot in Spring 1995. A sampling of cases that students are hanthe case file folder in front of her. The judge is will have two seminar meetings per week, one weekly case conference, two mandatory clinic dling this semester includes a housing discrimiknown to go hard on these types of cases, but she office hours, and two simulated exercises. nation case on Long Island in which the defenknows that she has prepared thoroughly and, in The students' responsibilities for these dant has defaulted and the issue of damages is fact, has been preparing for months. The issues cases will be extensive. While students this year going to trial, Haitian political asylum cases, are tough but she has diligently gone through all are responsible for handling one or two cases and a bank discriminatory-lending practice case the case law with the help of her colleagues. As each, next year they may be responsible for in Brooklyn. Students take full responsibility she thinks about it, she realizes that she is very handling two or three cases. Students may be for developing the case from beginning to end well prepared and starts to feel more confident. required to maintain a journal. and get to do things like select a jury and conShe gets up and starts reciting her opening, The primary reason for the increase in duct voir dire. "Your honor, .... " If the Clinic doesn't appeal to you, the No, this is not an opening for a John credits is that six credits more accurately reflects the work that Clinic students do in order Lawyering Skills Center is also offering a Civil Grisham novel. This is a New York Law School to take primary responsibility for the cases. Law Workshop which is four credits, two of student presenting a case in a court of law. This Similarly, all credits will be graded because that which are graded. This is essentially an is possible because of something called a Stuis consistent with the current practice of grading externship course that places students in law dent Practice Order. And you can get the same . students on all of their work, and not separating firms that specialize in asylum, not-for-profit, hands on experience by signing up for the Civil "classroom" and "case" work for purposes of and civil rights cases. Law Clinic offered by the Lawyering Skills Cenissuing a grade. Any questions about these courses may be ter. Professor Marsico, one of the professors directed to Professors Carol Buckler in Room Starting next year, the Civil Law Clinic teaching the course this year, emphasized that B206, ext. 312, Rick Marsico in Room B204,ext. will expand from a four-credit to a six credit they have tried to schedule the classroom com176, or Larry Grosberg in Room B203,ext. 177. course. All six credits will be "clinical" credits, ponent of the course to accommodate evening and all six will be graded.

Super-. Highway Continued from page 5 Finally, Kevin Logue, an attorney from Paul Hastings Janofsky & Walker took the stand. He spoke briefly about the issues of privacy and encryption on the NIT. He pointed out that the first aspect of protecting trade secrets is by clearly defining the secrets. He said that all reasonable steps, such as confidentiality agreements between contracting parties, should be taken to protect trade secrets. Corporations have begun to conduct business electronically. Because electronic communications are vulnerable to eavesdropping, enhanced security will be necessary to flag more businesses onto the digital superhighway. A strong encryption standard will provide such security. However, the Clipper Chip, backed by the Clinton Administration, has met with intense opposition from the computer industry, public interest groups and privacy advocates because its encryption standard (Skipjack) leaves a "backdoor" for law enforcement. Overall, the panel was informative and thought-provoking. For more information on any of the issues discussed at the panel, contact the Media Law Project.

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Academic Responsibility Committee - Keeping NYLS Honest The Academic Responsibility Committee (''ARC") chaired by Professor Eugene Cerruti, is charged with investigating reports of student impropriety, determining if a charge should be made, and then conducting a disciplinary hearing if charges are brought. The ARC consists of six faculty members: Robert Blecker, Eugene Cerruti (Chair), Joel Lee, Alexandra Maravel, Park McGinty and Laura Stein. In addition, there are five student members: Rhonda Bassat, Bonnie Erdheim, Patrick Ford, David Hartung and Ramin Rastegar. Associate Dean Ellen Ryerson is also a member of the ARC, in the capacity of a non-voting officiator. The first step in the process occurs when anincidentofstudentimpropriety, usually cheating or plagiarism, is brought to the attention of either the Chair or any member of the ARC. Once this occurs, the newly enacted "Procedural Rule 1" takes effect, where the ARC conducts an extensive preliminary investigation prior to bringing formal charges. This is a very important modification of the former process, because if charges are brought against a student, regardless of the ultimate outcome of the hearings, a notation of this is placed on the student's record, and the various state bar committees are notified, as required by law. Although this record will reflect the exoneration of a student as well, it cannot have a positive effect. Professor Cerruti stresses the importance of dismissing groundless charges, noting ", . . the decision to prefer a charge against a student is a particularly weighty one. For that reason we have created an extensive pre-charge investigation process .... " . After the Committee completes it's pre-charge investigation, a meeting is held with faculty members only. A majority rules vote is taken to determine whether to terminate the case at that point or to continue the investigation by notifying the alleged viola tor. At this point, "Procedural Rule l" spells out specific rights the alleged violator has. Prior to any vote on whether to prefer charges, the student may appear before the full ARC, with or without representation, and may elect to have the five student members participate fully, although they are not accorded a vote at this point. Once this pre-charge process is concluded, another vote is taken, and the allegations are either dismissed or formal charges are brought, the student is notified, as is the Registrar's Office. The Chair then convenes the actual hearing in the process. Once again, the student may elect to have the student ARC members participate in the hearing, as full Committee members, with voting privileges. In addition, it is recommended that the accused retain "counsel," and the Chair is required to provide him or her with "all pertinent information" that has arisen as a result of the investigation.

Once these preliminary matters are completed, the officialtrial-likehearing begins. This hearing is recorded, either by tape or a stenographer, and both sides call their witnesses. Any student that is called to testify must do so, no Fifth Amendment privileges here, and failure to cooperate may result in the third party being brought up before the ARC themselves. The hearing is conducted in a formal manner, and the standard of proof is "clear and convincing evidence," and "the rules of evidence do not apply." Once the hearing is completed, the ARC conducts closed-door deliberations, and then votes, with a majority-rules standard. In the case of a conviction, the ARC then proposes what it feels are the appropriate sanctions, ranging from a lowering of a course grade to expulsion, and notifies Dean Wellington and the student of the outcome and proposed sanctions. The entire matter is then drafted into an official report, which is subsequently delivered to the Dean. There may still be hope for the student, however. Dean Wellington is NOT bound by the ARC's findings or sanctions, and he has several options available to him. He may permit the student to present another argument to him, on the process overall or the sanctions imposed,

he may dismiss the matter entirely, or he may let the ruling stand. However, once the Dean has made his ruling, the result is· final, and there is no additional appeal. Professor Cerruti notes that this overall policy" ... is a mixed combination of adversarial and inquisitional practices. The combination is designed to provide the student with the best opportunity to avoid false or unprovable charges." In addition, Professor Cerruti also points out that "[t]he Committee is presently in the process of reviewing how we handle breaches of anonymity on exams and papers and we will likely propose something of a crack-down in this area where things appear to have gotten a little loose." Overall, the process for investigating and prosecuting breaches of the "Code of Academic Responsibility" is a multi-level undertaking, with as many possible "breaks" for the student as possible. Unfortunately, cheating and the like are a reality at any law school, and steps must be taken to carefully investigate each report, and to discipline those who breach this code. New York Law School has gone to great lengths to make the process as fair as possible, and is continuing to modify the process as the need arises.

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New Yoffc' taiiY S'cnoof J£eporter

Night Prowl

Civil Forfeiture

Continued from page 9

Wadsworth Avenue. We are upset because we know this will be the last call of the night. As we Continued from page 1 __ pull up to the building we are surrounded by and therefore we should go out for dinner. We ask for a safe place to eat. She tells us there's a drug peddlers. They stare us down as we enter McDonald's four blocks down, but we insist the building. The officers don't even glance styles used by the speakers to deliver their such a walk is too dangerous for us. We wind up their way. As we enter the building the first views. To recall just one example, Professor going to a Spanish restaurant conveniently lo- thing we spot is a cage, approximately nine feet Cheh's style was articulate, compelling, and cated next to the precinct. Luckily, my terse by six feet, where the mail boxes of the building forceful advocacy. In sharp contrast, Mr. Holmes was soft-spoken, and low-key, yet he was just as Spanish helped us order Cuban sandwiches and are kept. We stop to admire the added security. effective as Professor Cheh. He also used an The building's elevator hasn't worked for years french fries. They tasted great until about three overhead projector to support his views with and it is now used as a garbage shoot. When we hours later when both us felt sick. Ironically, get to the apartment on the fifth floor (all our diagrams, charts, and statistics. The sympocalls seemed to be on the fourth and fifth floors), sium also included spirited and exciting exchanges among the various panelists and audiwe enter and find a middle-aged woman stretched out holding her heart. EMS would ence members. It was a very informative and arrive 20 minutes later and we watch the evening interesting event. Kudos to the New York Law School Law news while we wait for them. All the faucets in Professor Strossen, Professor the apartment are broken and are running a Review, . steady stream of water. No wonder the city has Schoenbrod, and Ms. Duseau for assembling such an impressive array of experts. The time a water shortage. 11:45p.m.: We return to the precinct and and effort spent in preparing the symposium ask if we could ride on the next shift. We don't certainly paid off, and NYLS and its students even receive a reply from anyone. Rather, we unquestionably benefited from their efforts. are wished a pleasant evening. Officer Williams 1 This hypothetical (slightly modified) was deapologizes that this was a slow night. In the one of our police chaperons for the evening veloped, and provided to me, by Deborah Duseau summer there are regularly 10 calls on hold and stumbles into the restaurant and ignores us by ('94) and Professor David Schoenbrod. the streets are overflowing with violence, guns, sitting on the other side of the restaurant. Throughout our dinner we watch the door to and push-in robberies. He tells us to come again make sure the officers would not leave without soon. us. 10:30p.m.: We are ready to roll again. The sergeant asks us if we're having a nice time and we tell him we are having the time of our lives. He abruptly asks us if we want · to go home. We gladly tell him that we're staying until the end of this shift. This causes his face to crinkle like a prune. 10:44p.m.: A call comes in to proceed to the Express Superette at 567 West 170th BAA REVIEW Street where there are five males, all armed with guns, hiding drugs behind a dumpster for pickup by another gang. My heart begins to skip beats for the next five minutes and the officers remained silent in the car as we slowly respond to the call. There is no rush to get there as we stop at every red light. Nevertheless, we are the first car to arrive at the scene and Officer Williams radios the dispatcher to inform her of our position. He requests backup to respond as soon as possible and informs the dispatcher that we will lay low until the backup arrives. The backup never came and we never moved in. 10:48p.m.: Another call comes in that a male with a baseball bat, description 6'2", 200 pounds, is assaulting people at 503 West 176th Street. We respond immediately and find that this is where all the backup was. Four cars pull up to the building and immediately we all run up four flights of stairs to the apartment. We bang on the door and a young lady answers claiming that there is -+-immediate review of key bar exam principles nothing going on. The police believe this is a false call by some prankster. Too bad. -·Instant diagnostic feedback in 30+ MBE sub areas 10:56p.m.: We are stopped at a red 4:Customize your program by adding personal notes light on 17Sth Street when a Toyota Supra whizzes past us taking the red light. We • Two test modes double your study options begin to chase the traffic violator and catch up to him soon thereafter. A young Hispanic male stumbles out of the car, obviously drunk, and follows Officer Williams' instructions to put the car keys on the roof. The drunk apologizes to Officer Silvestri saying, "I was only trying to take the red light." 11:15p.m.: A call comes in for us to respond to a cardiac arrest victim at 145

"As we pull up to the building we are surrounded by drug peddlers. They stare us down as we enter the building. The officers don't even glance their way."

Introducing ..•

APRIL 1994

~ 14

New York- Law School Reporter

Going To Prison - A Vacationer's Guide "Prison Life" and "This Too Shall prison. The author recommends Pass." Each part of the book covers getting yourself to prison, instead exactly what the title ~onveys. of letting the Marshals take you, "WelcomeToTheNewWorld because they operate on their own Suppose you've been con- Order" discusses how to "re-ori- schedule, and it may take you over victed of some minor impropriety, ent" yourself, in other words, how a month to eventually reach your which also happens to fall under to mentally prepare yourself for a destination, all the while traveling the U .S.C. It's safe to say that you regimen of doing nothing, for years in some sort of diesel fume monster have a nice little vacation ahead of on end. they call a bus, the trip is called the you, all expenses paid by Uncle "Pre-Prison Positioning" con- "diesel tour." Sam. In other words, you're going · tains all the information the future "Prison Life" has an in-depth to prison, not the county jail, but inmate needs to prepare him or discussion of what actually hapone of those giant Federal Prisons herself for the transition from pub- pens once you arrive, and how to somewhere out in Elvis country. lic to prison life. He discusses how stay safe. In short, Mr. Tayoun All the major things have been taken important the probation officer can advises the future inmate of the care of ... your appeal is pending, be, including his pre-sentencing "prison society" on the "do's and the finances are all set up, etc ... but what about the "little" details that you never thought about before? What can you take with you? What happens between sentencing and doing time? What about the rootII canal you need, or those special glasses you wear? How do you get to the prison? These questions, and many report. He includes facts, in the don'ts" of prison life. Do obey the more which are relevant to future form of tables, as to how much time rules, don't report people, don't inmates and not too many other you can expect to receive, and how "see anything," do be friendly with people, are covered in "Going To much you can expect to serve. In the guards, but nothing more, etc .... Prison?", by Jimmy Tayoun. addition, Mr. Tayoun describes the Mr. Tayoun also discusses, in genTayoun is a former politician, whose process of how to choose a prison, eral terms, the uniform rules of inpolitical ambition took him all the or at least request one. He focuses carceration, including visiting way to prison. In his book he de- on factors such as security-level and schedules, phone privileges, launscribes, with in-depth personal de- location. If a person wants a mini- dry service, and the like. In additails, all the intricacies of preparing mum-security prison, they should tion, this chapter discusses various to go to prison, and what to expect further consider how much money forms of deviations from the dayonce you get there. and effort it will require for their to-day routine that can be found. The book is divided into four family to be able to visit. Finally, The most important piece of advice parts: "Welcome to the New World this chapter discusses how to get to offered discusses coping with the Order," "Pre-Prison Positioning,"

"Mr. Tayoun describes the process of how to choose a prison, or at least request one.

prospect of years of incarceration and having your movements and activities dictated by others. From experience, the author advises that the new inmate should get involved in the various activities offered in prison, including the educational programs. He suggests taking one of the jobs that may be offered, depending upon the security level of the institution. He notes that this route serves two purposes. First, being involved in activities simply helps pass the time, and second, involvement looks good to the parole board. Finally, "Going To Prison?" closes with a brief epilogue, "And This Too Shall Pass .... " where the author offers the most basic and onpoint advice "Do each day as it comes. . . don't look ahead and count the days that remain .... " Overall, "Going To Prison?" is a quick read, at 35 pages not counting the appendices, and offers insight into a world which everyone hopes they or their clients will never visit first-hand. It is written in a light humorous style, briefly stressing the important points "What you see, you don't see ... ," and includes general information regarding regulations, and how they are put into practice. "Going To Prison?" was written by Jimmy Tayoun, and is published by Biddle Publishing Company, of Brunswick, Maine.

Cupid's Arrow Off The Mark To the Editor: Your recent Valentine's Day issue was, as always, full of warmth and good cheer. This letter is my way of saying thanks to those who shared their heart-felt thoughts with me during these final moments we will spend together in law school. I hope you will not only print my thank yous, but also reprint the Valentine's send to me, as a juxtaposition. To those kind enough to have bothered, I send a Cupid's arrow dipped in love. Ten Reasons to say thank you to my Valentine's ill wishers,orbite on the First Amendment a 1. Thankyou.It'snicetoknow that you still listen. 2. Thank you. It's nice to know I can still get under your skin. 3. Thank you. It reaffirms my belief that the best shot you have is a gutless, spineless one. 4. Thank you. It proves you know that your arguments cannot hold up to mine; that the best you can do is resort to name calling and obscenities, but lack the moral and I or intellectual fortitude to say what you believe in front of your peers. 5. Thank you. It reaffirms the nature of the intellectual community we live in: one where views

that are different, and hostile to our own, are not openly challenged but rather are whined about or treated to dull-witted silence. 6. Thank you. It makes my ultimate success at law school ball the more gratifying, knowing that I was able to achieve what I have because I have been willing to say what I believe and argue for those beliefs. That is what law school should be about, developing the ability to advocate, not to developing the ability to concoct puerile retorts in the privacy of your own dingy mental abode. 7. Thank you. It gives me the opportunity to say, "sticks and stones may break my bones, but I have a black belt in karate." 8. Thank you. It also gives me the opportunity to say, "buy a clue," "think about another career," and "get a life." 9. Thankyou.ltdemonstrates that the legionnaires of the Nixon/ Reagan/Bush/ Scalia/Rhenquist Army of deconstructional anti-constitutionalists are nothing to worry about because they are inarticulate, unartful, inept and lack the grace or humor to rise to the challenge. Or, to put it another way, it gives me another opportunity to applaud the

two most important Constitutionalists ever to have sat on the Supreme Court: Justices Brennan and Marshall, who almost always got it correct, c rather than the mean-spirited bullies who only want to be right, far right. 10. Thank you. As our law school experiences draw to their inevitable close, it gives me this one last opportunity to say, "I will not now, or ever, "[slhut the f*** up."' Thanks for the entire experience, I wouldn't have missed it for the world. I only hope your law school experience has been as richly rewarding as mine was for me. See you, and "Rudy," at graduation. ~ The Constitution of the United States has something called Amendments. These Amendment things, they grant certain liberties. The first ten of these Amendment things, well, they a recalled the Bill of Rights. Nifty, huh? Just imagine the stuff you could have learned in law school if you weren't mentally impaired. b Law Review.several scholarships, many academic awards, top of my class, a job with a prestigious law firm, and having been an integral part in the rebuilding the New York Law School Chapter of the National Lawyers Guild into an active organization that has garnered the respect of the legal community. It isn't that law school is so hard, it is people like you that make it so damn easy. c Some of the constitutional issues that Justices Brennan and Marshall got cor-

APRIL 1994

rect that spring to mind include: • That privacy is a fundamental right protected by the Constitution that includes: the right to abortion; the right to love anyone you want to, whether of the same or different sex or race; the right to be left alone in your own home. • That affirmative action is nothing more than a fuller understanding of what Brown v. Board of Education set out to accomplish, or that the Thirteenth, Fourteenth and Fifteenth Amendments demand-an equal, level playing field for all participants. • That poverty is not a crime: the poor should not be penalized simply on the basis of the size of their wallet. • That the death penalty is cruel but, unfortunately, all too usual a punishment, meted out in outrageous disproportion to non-whites. • That the First Amendment means freedom of speech and separation of church and state; not the other way around. • ThatEqualProtectionmeansequal protection for all. That Due Process means due process for all: both procedurally and substantively. • ThattheConstitutionof the United States will become nothing more than a vapid piece of paper if it isn't nurtured; if life isn't breathed into it. That the Constitution must be a living document, not a Draconian indictment handed down from slaveholding white men derived from an age of brutal subjugation of entire races and women. That means new rights can and should be found within the Constitution to fit the new world we face, instead of using it as a bludgeon against those seeking to assert those rights. Ricky Newman '94

Yorlc Law Schoo! Reporter

'New

路Book Review - Using Computers in the Law: Uiw Office Without Walls Using Computers in the Law is a book written for both practicing and soon to be attorneys. Written by Mary Ann Mason, Associate Professor at University of California, Berkeley, with the help of Robert Harris, a computer consultant, the book aims to expand lawyers' ideas about the use of computers in law. The author poignantly states that many law firms "have barely tapped the vast potential of the computer." In the introduction, Mason states that the book has three dimensions: communications in the office; com. munications between different offices; and obtaining information from outside sources. The book is divided into three main sections: What do computers do?; Setting up your own substantive systems on personal computers; and Legal research. The author begins with a general introduction on how computers may be used in the law office and then goes into more detail about computers induding servers, workstations, mainframes, and local area networks. The book includes references not only to IBM compatibles but to MACINTOSHes as well. The fourth chapter, "Choosing Software" is an excellent discussion for lawyers. It provides a short questionairre regarding the law office's needs to help the reader assess his needs and choose the correct operating systems (i.e. MACINTOSH, DOS, Windows, OS/2, and UNIX). It also discusses the difference between word processing, database, and specialized legal software. Chapter five discusses hardware including: diskettes, computers, mice and other input devices, printers, and even office furniture to avoid problems such as carpal tunnel syndrome, repetitive strain syndrome, and radiation emmission (particularly useful for litigious lawyers). The latter pare of thechapterprovidesthereaderwith various system configurations as well as an estimate of how much each system costs. While this is extremely useful, the plummeting cost of computers makes these estimates higher than they actually are. Part two of the book is more in-depth, and discusses how a law office may set up its own substan-

tive systems including how to create an automated software system. The author provides a case study as an example of how to create the correct system. In chapter seven, this theme is expounded to show how to use databases including calendar I docket systems. There is also information regarding spreadsheets, timekeeping, and billing systems. For law students, this part may provide that extra edge in an interview - impress the interviewer with your knowledge of computers. Part three covers computerized legal research. It concentrates on the use of online services of legal databases such as WESTLAW and LEXIS. Although most students are familiar with

these services, the book provides

centrating on backups, archives and restoring data. Overall, the book provides lawyers with a great deal of information about computers and how a law office can increase its efficiency with little work. If you are a novice computer user, this book is an excellent introduction to many of the concepts of computing. For those readers who are more versed in the field of computing, the book is still useful but most of the information will seem familiar. However, I would recommend that every law student read, or at least skim through, this book before they begin to practice law.

"For law students, this part may provide that extra edge in an interview - impress the interviewer with your knowledge of computers." helpful hints to increase productivity. Finally, the book discusses real world problems of computers, con-

BAR/BRI PROUDLY

PRESENTS

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APRIL 1994

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