ISSUE 01
LAW COMMENTATOR
NOVEMBER 2020
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THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
ISSUE 01 // NOVEMBER 2020
Dear Southwestern Community, I am pleased to bring you the first issue of the reinvented Law Commentator! First, I would like to say thank you to Dean Robert Mena for encouraging and advocating this project. To Professor Hillary Kane and Professor Michael Epstein, thank you for your help and willingness to act as Faculty Advisors. And to the first Executive Board, Alexandra Figueroa, Sydney Woods, Rachel Feigelson, and Evan Martin, I appreciate each of you! When I began at Southwestern in 2018, I was vaguely familiar with Law Commentator and its history. A friend, who is Southwestern Alum and a former Editor-In-Chief of Law Commentator, encouraged me to bring the publication back to life. Originally, I was not interested. However, after completing my 1L year, I realized how isolated I was from family, friends, hobbies, and creative activities. I specifically remember sitting in Professor D’Italia’s office in Bullocks Wilshire discussing the need for a creative outlet in law school. She suggested I set aside time to work on a photo series (I used to be a photographer), with a goal of producing one picture each weekend I could be proud of. Following her suggestion would have been simple. Instead, I began to reimagine Law Commentator. If I needed a creative outlet, I was sure other students did, too. Today, the goal of Law Commentator is to acknowledge and appreciate creativity, and to celebrate one another in the work we do individually and collectively. You are more than a law student. I genuinely hope this student resource is met with as much excitement and passion to participate, as I had creating it. The Law Commentator is for you, for us, and for future Southwestern Law Students who need a platform to express themselves. I hope you enjoy Issue 01! Sincerely,
Victoria Couch Editor-In-Chief Southwestern Law Commentator
ISSUE 01 // NOVEMBER 2020
DIRECTORY
01 Plaintiff Law for Consumers 02 WORDS 03 The Diasporan Experience 05 Law School Pet Association (LSPA) 07 The Green Seal of Approval 09 Commentator Cooks 10 Meet the Commentator Executive Board 12 Contribute to Future Issues
ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
THE BRIDGE BETWEEN STUDENTS AND LAWYERS: "PLAINTIFF LAW FOR CONSUMERS" BY SHAWN GOLSHANI Having transferred to Southwestern from Loyola Law school, I was both surprised and excited to see that a student organization, Plaintiff Law for Consumers, was inactive. After my shock and awe subsided, I dashed to rally for students to join, connected with past presidents and faculty, and made agreements with two bar associations; all to give our students access to the most prized gem of all: practicing attorneys. I was met with a sea of hospitality from some of the most prominent trial attorneys in California, who were also happy to re-connect with what was once a flagship organization that bridged graduating 3Ls into the practice of Law. Underneath the ambitious aspirations of our students lies a labyrinth of resources. At the outset, the Consumer Attorneys Association of Los Angeles, more popularly known as “CAALA,” provided our students with instant and complimentary access to its renowned Mentor Program. Within 24 hours of our students applying to the program, they were matched with a practicing attorney in the field of Torts, otherwise referred to as “Plaintiff Law for Consumers.” These mentors are dedicated to the success of Southwestern’s students along their journey through law school to practice. In addition, the Consumer Attorneys of California (COAC) granted Southwestern students access to their virtual convention, where practicing attorneys spoke on a variety of matters, such as selecting a jury, navigating medical experts, and managing a law firm. For the first time, this professional organization is now welcoming our law students to their annual convention. Moreover, attorneys accomplished in their field, like nationally renowned trial attorneys Brian Panish and Robert Simon, offered to speak about how to obtain a job at a law firm and were also interested in directly meeting with Southwestern students over the course of the year in order to prepare them for job placement. I was even more surprised when one managing partner at a law firm offered to speak and provide guidance on how to start your own law firm and share his war chest of resources. I knew I was onto something big. Southwestern’s own Professor Byron Stier surpassed my original vision when he proposed to oversee a trial skills program with the above mentioned Panish. Each person I have spoken with has had their passion reignited alongside our newly reinstated organization, Plaintiff Law for Consumers. Who will be a part of our journey and where will it lead? For more information about Plaintiff Law for Consumers, please contact Shawn Golshani by text at 310.999.8889 or email at sgolshani20@swlaw.edu
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Words are weapons, words are shields. Wield them. Words are nothing, floating in the air But mess them up and everyone will care. Words calm the storm. Words carry power. Words are the light that spark the fire. Words are letters and syllables and something. Words carry weight, heavier than lead, Words out of order, and your client is dead. Words are vocal vibrations Creating nothing but sound But, still, say the right words And maybe peace can be found.
WORDS BY ANONYMOUS
Photo: Victoria Couch San Diego, CA
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
BY ELIANA AMIRIAN AND TINA SHAKILYAN Being Armenian is a sacred part of every diasporan’s identity. From the time we are old enough to speak, we carry the weight of educating our non-Armenian friends about our culture, struggles, and history. More often than not, we are met with confusion or ignorance as to who we are or where our country is on the map. Although we are a small tribe of 11 million people, we created homes in every corner of the globe. Regardless of the distance between us, we all share a common struggle and work toward the same goals: survival and recognition. Our history, while rich and unique, is stained with attempts of ethnic cleansing, religious persecution, and genocide at the hands of the Ottoman Empire. We are only now learning of the effects that intergenerational trauma carries for descendants of genocide survivors. Every single diasporan grows up with the duty of carrying on our traditions, keeping our language alive, and opposing assimilation in an attempt to remedy the evils brought upon our people throughout history. Many Armenians cannot remember a time when our very existence was not under attack. Our great-grandparents endured genocide and our grandparents and parents were displaced and subjected to cultural and religious persecution. Now our youth are living through the greatest loss to the Armenian people since the Genocide of 1915. The Republic of Artsakh, also known as Nagorno-Karabakh, is a state historically governed and inhabited by indigenous ethnic Armenians. In 1994, The Republic of Armenia and The Republic of Azerbaijan agreed to a ceasefire. But this ceasefire, as well as all that came after it, have proved futile. Armenians in Artsakh defended and continue to defend against consistent attacks by Azerbaijan despite the multiple ceasefires agreed to by the two countries. This means the self-determination rights of Artsakh have been under attack since many of us were born. We grew up with the knowledge that if we lose Artsakh, “we turn the final page of the Armenian history.”[1] While the fear of losing Artsakh felt remote at times, we woke up to a different reality on September 27, 2020. Azerbaijan, with the support of The Republic of Turkey, engaged in the most aggressive attacks on Artsakh since The Artsakh Liberation War began in 1988. Overnight, the collective diasporan psyche entered a downward spiral. Over the course of 46 days, we watched our soldiers fight against insurmountable odds evidenced by Azerbaijan’s advanced weaponry, technology, and their employment of Syrian mercenaries. The loss of so many lives became too burdensome to carry and consequently lead to an agreement signed by the leaders of Armenia, Russia, and Azerbaijan. On November 9, 2020, Armenians around the world watched their worst nightmares realized as news of this “peace” agreement spread through the diaspora. With this agreement, it is clear we lost the war, lost several regions of Artsakh, and lost a piece of ourselves we are unsure we will ever get back. The international community remained silent as two genocidal dictators committed countless war crimes against our people and forced us off our ancestral lands. Ever since September 27, we wake up to the pain of feeling as though we are in Artsakh mentally, knowing that we are thousands of miles away physically. [1] This quote is attributed to Monte Melkonian.
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Every diasporan, regardless of age or nationality, banded together to raise awareness, fundraise, and pressure our respective governments to condemn these heinous attacks. Just when we took a sigh of relief following the Velvet Revolution of 2018, we were quickly reminded of this seemingly endless fight for survival. This time, the fight felt different. This was the first time in our history that the media was used as a battle ground. In this battle ground, our efforts to educate the world about the threat of another genocide are continuously met with biased reporting riddled with lies, corruption, and bribery. Those of us who use our platforms to spread awareness are targeted with death threats and subjected to Armenophobia. The very people who denied the history of our genocide are openly pledging to finish off what their ancestors started. The great-grandchildren of genocide survivors are being attacked by the great-grandchildren of genocide perpetrators while the world quietly watches from the sidelines. The American government remains largely silent, offering no real promises of support. Those who are ignorant about the history of this region label this a mere territorial dispute. However, every single Armenian knows that this is yet another calculated attempt to exterminate our people. We know that this is not merely an attack on Artsakh. We know that the extermination begins with Artsakh. We know it is a direct attack on our history, our language, our culture, and our entire existence. Daily obligations relating to school, work, and home life were put on the backburner for the last month and a half, every aspect of our lives affected. We struggle to enjoy celebrations, big or small, because our brothers and sisters are being forced off their lands. We feel overwhelming guilt because the only contributions we can make are monetary while our soldiers are losing their lives and are subjected to inhumane war crimes.
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We spend our days advocating, our nights protesting, and every moment in between worrying about the fate of our nation. It is a reality none of us expected to endure in the modern world. Many of us naively believed that if the atrocities we faced in 1915 happened again today, the international community would not turn a blind eye. Instead, the diaspora is watching the international world stand by as history repeats itself. Our non-Armenian friends always ask us if we have family members fighting on the frontlines. What they do not see is that every Armenian in this world is our family. Every child taking shelter in a bunker, every mother burying her son who lost his life in battle, and every soldier on the frontline is our family. Our history bonds us in a way few can understand. We are our lands. We are our own hope for survival. The loss of Artsakh has stricken the diaspora with a sense of grief none of us know how to process. In the coming days and weeks, we are likely to witness the destruction of our historical churches, monasteries, and monuments that previously withstood the test of time. Our brothers and sisters are being forced to leave their homes with essential belongings they can carry to Armenia in their vehicles. Over 100,000 civilians are displaced and, due to the silence of the international community, will have to rebuild their entire lives. While we will never be able to repay our brothers and sisters in our homeland for their sacrifices, we must continue to mobilize and spread awareness. The failure to recognize Artsakh allows the continuation of ethnic cleansing throughout the Caucasus. It is every diasporan’s plea that you help amplify the Armenian voices in your life and demand the recognition of Artsakh. Your Armenian friend’s identity depends on it. For more information: anca.org armeniafund.org @amplifyarmenia
ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Law School Pet Association Can you guess who these little friends belong to?
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C
D
B
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
F
G
H
Tina Ansaripour __________ Abe Bran __________ Jessi Bulaon Orozco __________ Victoria Couch __________
__________ Talya Deluya __________ Alexandra D'Italia __________ Hailey Gallo __________ Lauren Krug
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Here is a glimpse into what this work may entail:
GETTING THE GREEN SEAL OF APPROVAL ON YOUR SPORTS ARENA BY ABRAHAM (ABE) BRAN
As aspiring entertainment lawyers, what do you think of when I say environmental law? Are you having daunting flashbacks to having studied Massachusetts v. EPA or Lujan v. Defenders of Wildlife in Constitutional Law? Are you thinking about legislation for renewable energy, or about riparian water rights as it pertains to the infamous Blackacre? If yes, you probably don’t think environmental laws will ever intersect with your entertainment career. I just wanted to point out one area where it might: developments. If you are interested in negotiating contracts to develop sports areas, production studios, or comprehensive sets, you probably will have to hire co-counsel to handle the environmental components of permitting these deals.
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Following a national trend in the 1970s, California introduced the California Environmental Quality Act (“CEQA” pronounced (see-kwa), which creates very strict requirements for any development or major land use project. The purpose of this is to evaluate the environmental effects of such developments before they are started. For smaller projects, developers must create a “negative declaration” and for larger ones, they must prepare “environmental impact reports.” Both the declarations and the reports include all of the foreseeable environmental effects of the project. These statements are published for a period of time where the community can review and comment on them. Following the comment period, a finalized draft is produced integrating the information suggested and questions presented by the commenters. This final draft is then submitted with development permitting requests to be considered by the permit-issuing agency.
ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
It is important to note that unlike other environmental laws, CEQA does not actually set standards or limits for pollutants. Nothing to say: no polluting after 6pm. The purpose of CEQA is simply to put all of your polluting cards on the table for a permitting agency to meaningfully consider the environmental ramifications of the project before approving it. Take the Clippers, for example. In July 2020, the City of Inglewood approved the 1046-page environmental impact report[1] giving the green light to begin building a new stadium in 2021. Even though its has been called one of the most “environmentally friendly sports venues in California,” their report, nonetheless, shows that the project will have significant adverse effects on cultural and tribal resources, greenhouse gas emissions, and water quality – amongst many other environmental considerations. As required by CEQA, the drafters also bullet point how they intend to mitigate these effects – by hiring a Qualified Archeologist to minimize the impact on historical grounds, for instance.
"EVEN THOUGH IT HAS BEEN CALLED ON OF THE MOST 'ENVIRONMENTALLY FRIENDLY SPORTS VENUES IN CALIFORNIA,' THEIR REPORT, NONETHELESS, SHOWS THAT THE PROJECT WILL HAVE SIGNIFICANT ADVERSE EFFECTS ON CULTURAL AND TRIBAL RESOURCES, GREENHOUSE GAS EMISSIONS, AND WATER QUALITY AMONGST MANY OTHER ENVIRONMENTAL CONSIDERATIONS"
One of the repercussions of this environmental policy is that it can create a delay in the development process. Since the implementation of CEQA, developments in California have definitely taken longer to break soil. Some believe that this could be because investors are uncertain about the environmental viability of a project and do not want to tie their money up. Others believe that the delays can come from litigation that CEQA can generate if a report is incomplete or if the permit-issuing agency did not actually meaningfully consider the environmental effects despite receiving the report. Whatever the reason, what is clear is that CEQA creates a rigid procedure to go through for anyone interested in using land for large entertainment purposes. And remember, CEQA is just one of the many environmental laws that, like the environment, are all around us.
[1] Available here under “Final Environmental Impact Report”: https://www.cityofinglewood.org/1036/Murphys-Bowl-Proposed-NBA-Arena
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Commentator Cooks Recipe By: Suzanne Kunz My House Spice. Most of my recipes call for it. But, while this is mine, I have seen a ‘house spice’ as simple as garlic salt and pepper combined. This was derived 20 years ago and modified from Emeril’s original. I use it in SO many foods. It is GREAT for meat, rice, sauces, just a little heat, and no sweet. This recipes can make as little as a cup... or more for a family.
Suz’s House Seasoning 2 parts paprika ½ part smoked paprika 1/8 part pimenton (a REALLY smoked paprika)
2 parts salt (table - the coarse is too coarse)
2 parts garlic powder (secret: I use Lawry's with little bits of parsley in it)
½ part black pepper ½ part white pepper 1 part onion powder 1 part cayenne pepper 1 part dried leaf oregano 1 part dried thyme ¼part parsley 1/8 part cocao powder (just a smidge)
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ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Victoria is a third-year law student with an interest in below the entertainment law. She is originally from Hawthorne, CA . She received her B.A. from UC San Diego in Sociology, Culture, & Communication before working in production and post production for shows such as Born This Way and Keeping Up With the Kardashians. At Southwestern, she is SBA ABA Representative, Co-President for Entertainment Law Society, and Editor-In-Chief of Law Commentator. In her spare time, Victoria enjoys photography, reading, and road trips.
Victoria Couch EDITOR-IN-CHIEF
Alexandra Figueroa SUPERVISING EDITOR Alexandra is a third-year law student and a Judge Mary E. Waters scholarship recipient. She holds positions as the Law Commentator's Supervising Editor, as Southwestern's Vice President for the Music Law Society, and as Co-Vice President for the Entertainment Law Society. She is currently an active member in the community through GrammyU, MusiCares, Women in Music, and SONA LA. In her spare time, Alexandra studies music history, composition and film scores. 10
ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
Sydney is a second-year law student with an interest in entertainment law. She is currently one of the BLSA CoPresidents, a Peer Mentor, a research assistant for Professor Strader, and an advocate for the Children’s Rights Clinic. Sydney enjoys all things fashion and music. In her spare time, pre-COVID, she enjoyed going to music festivals and live shows.
Sydney Woods
PRODUCTION MANAGER Rachel is a 2L initially from New York. After graduating from Boston University, Rachel started Rocksam Music Management and Consulting, where she consults for established artists, including singer Taylor Dayne. Recently, she was named a top Entrepreneur of 2020 by Yahoo Finance. Further, she is a Dean’s Merit Scholar, the PR chair for the Music Law Society, and a member of law journal.
Rachel Feigelson PRODUCTION COORDINATOR
Evan Martin EDITOR Evan is a 2L pursuing a career in Entertainment Law. Prior to Southwestern, he worked as the legal coordinator for Marvel Television. Currently, he serves on the Southwestern Law Review and Dean’s Fellow Program. In his spare time, his main interest is playing guitar, particularly in the blues and neo-soul genres. 11
ISSUE 01 // NOVEMBER 2020
THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
All submissions are welcome! As long as they aren't defamatory to the school, faculty/staff, and fellow students.
Be creative! There are no guidelines to what Commentator is looking for!
But if you need some help, here a few ideas...
Poems How-To's Art / Pictures Review Articles Mental Health Topics Personal Experiences Professor / Faculty Interviews
Find submission instructions on Canvas at Law Commentator Follow us on Instagram @lawcommentator Email us at lawcommentator@swlaw.edu
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THE OFFICIAL SOUTHWESTERN STUDENT PUBLICATION
ISSUE 01 // FALL 2020