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New York Law School
,
Reporter
Alumni Corner Froni Rags To Riches? dren and how they would fare after he was gone. That's where we came in. Greitzer and Locks primarily represents people who are sick with asbestos-related dis-
After I took the Bar the summer of '92, I signed up with a secretarial "temp" agency because I was unemployed and broke. They were impressed with my wordprocessing skills and paid me $15.00 an hour. After six months, in February 1993, I was offered a job by Mssrs. Greitzer and Locks. One year later, on April 14, 1994, my name was in the New York Law Journal under the headline - "$55 Million Award In Punitive Damages" (cite omitted). This was the culmination of a three month, reverse-bifurcated trial (two juries, the first for damages, the second for liability). Our three plaintiffs each suffered from eases. Marty Greitzer and Gene Locks were mesothelioma, cancer of the pleura (lining) of among the pioneers in the 1970s that did the the lung, an excruciatingly painful cancer known discovery against the big asbestos companies. to be caused only from asbestos exposure; life Through the 1980s they built up a firm in Philaexpectancy averages about 18 months. Two of delphia, trying mostly asbestos personal injury the men, Tom and Murray, a plumber and a cases. The office in New York is a satellite and is boiler-room man, had already died; the third, used as the base to try cases here. There are only John, an electrician, knows his time is short. All two associates here in New York, of which I am three worked with asbestos for years but had one; the trial lawyers come from Philadelphia to . never been warned of its dangers. Each man was try the <;a~ ·. .- . ·_:i. ~_,~-'.:.- . In November and December, many of the primarily concerned about his wife and ·chil,thirty-odd defendants moved for sumrnaryjudg-
HJim enjoyed opposing 30 lawyers; he felt like our clients must - the little man against the giants."
ment. In opposition, we had to show that there was "an issue of triable fact" regarding exposure to a defendant's products. The other associate in New York, Mark, is an expert in product identification (he knows all of the asbestos products and has boxes of research done over the years). Our clients had worked in shipyards or the military during the wars and at various locations as working men in New York City. Mark knew of previous testimony and depositions that correlated asbestos at locations and times. We were able to defeat summary judgment against almost all of the defendants. The lead trial lawyer was Jim, a 5-year asbestos lawyer and former prosecutor from 'Philly.' Jim enjoyed opposing 30 lawyers; he felt like our clients must - the little man against the giants. We began selection for the first jury. Because the only issue for the jury was the amount of damages, each juror had to be, in our minds, ready to award a lot of money. They did. They awarded a total of $3.2 million for. the-three plaintiffs after the five-day trial before Justice Alice Schlesinger. They had heard John testify
Continued on page 14
Aluillni Luncheon Inspires 1111:111111i~l@!Bl~li:i1I
Newman, the results are well worth it. She made ner in a law firm with her husband. She is an effort to speak with everyone seated at the currently the Commissioner, Board of Parole. Scene: The Steifel Reading Room. Date: table, to learn about our goals and to offer Another example is Judith Bresler, who began in April 14, 1994. Event: Spotlight on Women personal advice. criminal law and is now a leading authority, and Second Annual Luncheon. Once everyone had a chance to get ac- a professor at NYLS, of Art Law. Before I lose half of the readers, I want you quainted, Dean Harriet lnselbuch began the The panel emphasized the need to keep to put away images of finger sandwiches and formal part of the program. All of the featured growing in the law, and never to be afraid to take tea. True, there were tablecloths and flowers, alumna were invited to the podium to speak an opportunity, even if it is not your "field." but what was said applies to the whole student about their experiences. The speakers were Judith They also praised New York Law School, saying body. Every speaker emphasized the necessity A. Bresler '74, Linda N. Cassano '73, Susan C. that their education prepared them well. Each for students to be flexible in their career paths. Cassell '69, Janet Cotton '67, the Honorable panelist stressed that they would be willing to They further stressed the importance of keeping Barbara F. Newman '71, Irene L. Platt '71, Paula speak with any student, even after the luncheon. an open mind about job opportunities, remem- S. Seider '60, Sybil Shainwald '76, and Kathleen Their advice equally applies to all: be flexible in bering th_at luck plays an important part, and Grimm '80. Most of these women had gradu- your career paths. Female or male, as students networking. Especially in this tough job market, ated in the late sixties to the early seventies, and, we all should be proud of this panel's achievewe soon-to-be attorneys must be willing to ex- for most of them, law was a second career. They ments. plore every option. spoke of the difficulty of breaking into the "Boys' The luncheon, jointly sponsored by the Club" oflaw and Office of Student Services, Office of Develop- the discriminament and Public Affairs, and the Legal Associa- tion they ention for Women, was a blend of the informal dured. Surpriswith the formal. Over one hundred attendees ingly, many of were seated at tables comprising of an alumna the speakers cur(who would later speak), recent graduates, and · rently work for IMPROVE YOUR STUDY SKILLS current students. I sat at. the table with the . the government, IMPROVE YOUR GRADES Honorable Barbara F. Newman, who is cur- and speak highly rently at the New York Supreme Court, Crimi- of their equal opONE ON ONE TUTORING nal Division. She told us about her background portunity emHELP WITH PAPER WRITING at the Brooklyn District Attorney's Office and ployer. how she was appointed to the bench. As she Each panHELP WITH STUDY SKILLS explained it, the process is both drawn out and elist described nerve-wracking. In New York, after ten years the varied paths experience, anyone may submit papers to be they took in FOR AN APPOINTMENT considered for a judgeship. Judge Newman said · reaching their that the candidate must list his or -her past ten current posiOR MORE INFORMATION cases, and the attorneys on the opposite side. tio~s. For inThose attorneys are then contacted and asked stance, Irene about the candidate's qualifications. The entire Platt began her process is very public but, according to Judge career as a part-
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New York Law School
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Editors' Notes --
New York Law School
Reporter 1994-1995 EXECUTIVE EDITORIAL BOARD
REKllA BRAHMBHATI
Editor-in-Chief TIMOTIIY WEDEEN
Managing Editor YANIC THOMAS
News Editor AN}AU SINGHAL
Copy Editor CALAzzOUNI IRIS SPRINGER
Contributing Editors OMBUDSMAN
Ombudsman
JAMES P. HORAN MICHAEL
Reporter
Wooo
Editors Emeritus '
ROBERT ffENRY JOHNSON
SEAMUS MURPHY
Columnists
CRAIGE. MCELWEE Cartoonist
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The Reporter, formerly the award-winningAequitas, is completing its eleventh academic year of publication. As Editor-in-Chief since March of 1993, I have made a concerted effort to bring issues that concern students out in the open. Each issue published has evolved and _b uilt upon the last one, whether it be in terms of articles, layout, or editorials. This goal of making the next issue of the Reporter better than the last has provided it with a new sense of pride. More and more, the paper is receiving accolades for its design and content, not just from within the school, but from both the local and national community, particularly advertisers. This is not an editorial to gloat about my accomplishments, but rather it is to recognise the accomplishments of my editorial board. Without them the paper would not exist. Most people are unaware about the role a newspaper plays in a school, particularly a law school. It is the purpose of a newspaper to report about things happening in the community, to encourage constructive dialogue, to challenge the thought processes of the reader, and of course to entertain. I believe much of this was accomplished this past year. The Ombudsman column is a favourite of most students; it addresses concerns of students within the school and presents them in a humorous light. The articles on administration totaHtarianism and discrimination by Seamus Murphy '93 and Frances Bajada '95 fore~ students to view critically (as law students are taught) and to question the policies of New York Law School. Although there was anger over the articles, particularly by the subjects (causing rifts between myself and some friends), students were made aware of the inconsistencies that exist in our law school. Whether I, or the Editorial Board, agree with the author's position is irrelevant-the forum is open to all who wish to speak, or write, as the case may be. Finally, the articles reporting events such as the panel on civil forfeiture by Robert Henry Johnson '94, the panel on the information superhighway by Anjali Singhal '95, and the Moot Court competitions gave students the opportunity to keep apprised -- of events at our school. All of the above contributes to the Reporter's success and I thank the Editorial Board, Brendan A. Barry-Managing Editor, Victor E. Muallem -News Editor, Dale Tarzia-Contributing Editor, Peter Moulinos-Contributing Editor, Craig M<Elwee-Cartoonist, Ombudsman-Ombudsman, the staff editors, columnists and people who subinitted articles for their patience in dealing with me, their efforts, and of course, their support. This being my exit, as Outgoing Editor-in-Chief, it is my honour to introduce the new Editorial Board for 1994-95. I know that they will continue to build on what we have done, and that they will make the Reporter an even better newspaper. Rekha Brahmbhatt-Editor-in-Chief, is a second year student and brings to the Reporter, as editors in the past, her unique perspective on the role the Reporter will play at New York Law School. Timothy WedeenManaging Editor, is a second year student who.transferred from Whittier Law School. Tim's background as an English major will surely enhance the quality of writing in the Reporter. Yanic Thomas-News Editor, is a second year student, and an executive board member of the Media Law Project. Anjali Singhal-Copy Editor, is also a second year student, an executive board member of the Media Law Project, and the Reporter's resident expert on the Internet. Finally, Cal Azzouni and Iris SpringerContributing Editors, are both first year students and will play an integral part in the shaping of the Reporter in the years to come. I congratulate the new Editorial Board and wish them the best of luck. Rupi S. Badwal, Outgoing Editor-in-Chief Over the years, the Reporter has undergone many changes from its look to the contents of the paper itself. I hope to continue in the tradition of making the paper the best it can be. The ultimate goal for the Reporter during my term is to get the legal community, particularly the law school community, more involved in what is published, including alumni and other law schools. The Reporter's maxim, a "Marketplace ofldeas," is very appropriate. The schooJ paper should not just be a source of information, it should be a forum where different ideas and points of view are expressed. In the past year, the Reporter has succeeded in presenting stories and commentaries that keep within the spirit of presenting a marketplace of ideas. The outgoing editorial staff has been very helpful and considerate during the change-over to the new board taking office. I have to thank the outgoing Editor-in-Chief, Rupi Badwal for his indispensable help and unfailing patience in helping me put this issue together. I also have to thank the other members of the outgoing board for their help with editing and contributing stories for this issue. The position of Editor-in-Chief involves responsibility and hard work. I accept this position humbly with you, the reader, in mind. I, along with the new Editorial Board, will strive to present stories that strike at the heart of the NYLS community while maintaining our goal of keeping the paper a "marketplace of ideas." Rekha Brahmbhatt, Editor-in-Chief
, MAY1994 I I '1 i
4
New York Law School
Reporter
NYLS: ·Past, Present and Future wrongly decided and poorly writmethod requires stuten. The dents to read raw materials of court New York Law School was decisions, and to extract the legal established in 1891 by the rebel- principles. Dwight felt there was lious faculty, students, and alumrii ample opportunity to read cases ~f Columbia University Law School when doing legal research. He also over the interference of the Univer- believed that it was important to sity trustees in legal education. The absorb principles expounded upon revolt was led by Theodore Dwight, by competent treatises. Twenty to thirty years founder of later NYLS Columbia adopted the Law School. case method According to because most George of the books Templeton available emStrong, a Coployed the 1 um bi a case method. Trustee, it However, was Dwight's there was a philosophy breakdown and talent for in the pure teaching that case method led Columbia and the case . Law School "beyond the and lecture utmost the methods trustees had were merged hoped for." retaining the At the heart of case method the dispute name. Case was the probooks today gram for reforming legal education contain plenty of explanatory maat Columbia Law School. Over terial, notes and problems. Dwight's objections, the trustees The second issue of reform were seeking to fundamentally was the independence of the law change the principles on which school from the University. At that Columbia Law school was founded. time the students didn't need a As a result, Dwight resigned and bachelor's degree to -pursue legal . founded NYLS on the same prin- education. The Dwight camp beciples that Columbia Law school lieved that law school should give was founded on. The Columbia dis- its faculty "ample freedom and inpute centered around three points: dependence" and should be indeI-whether to teach from cases pendent of the University and other or from treatises' professional schools. The Colum2- how independent should bia Trustees argued that profesthe law school be from the Univer- sional schools should be an "intesity' gral part of the University" and 3- the curriculum of the law legal education be "broad in scope . school. and liberal in spirit." This differThe Columbia Trustees ence of opinion resulted from the wanted to abandon the method that differing perceptions of the func- · was being used and adopt the case tion of legal education in the strucmethod. The system that Dwight ture of higher education. The Trustpreferred required preparation of ees conceived the "University" as textbook assignments by the stu- an organic entity made up of interdents, recitation of the assignment, connected depanrn.ents that influand exposition by the professor. enced one another. They believed The case system, which was devel- this would result in a well-rounded oped by Dean Langdell of Harvard education. On the other hand, Law School, emphasized the study Dwight's camp believed that the of judicial opinions. "It is a misno- purpose of legal education was to mer to say tli.at Dwight just stood · train lawyers in the practice of law. there and read notes; the Dwight Integration of art, literature, scimethod was a Socratic method. The ence, and philosophy, while impoint of difference was the reading portant, was beyond the mission of material," says Professor Arthur law schools. Leonard. Dwight had the students The third point of dispute was read treatises because he felt thkt it the curriculum of law school. That was important for the students to went to the heart of the purpose of read textual exposition of the law, legal education. The curriculum of and then in the classroom to test the Dwight school was practicestudent knowledge by using oriented. The course of instruction hypotheticals. He was opposed to concentrated on areas relevant to having students only read cases private practice; "the bread and because it wouldn't help them un- butter studies," as Dwight said. . derstand the law. Cases could be
case
-'-'At the turn of the century the school rivaled Yale, Columbia and Harvard Law Schools. Some of its distinguished f acuity at the time were Woodrow Wilson ..."
school was re-opened and revived by the alumni, the school was faced with financial and enrollment problems. !Toe 50s and 60s were difficult years for law schools, and NYLS in parturn of the cen- - - - - - - - - - - - - ticular. The tury the school School's repurivaled Yale, tation suffered, Columbia and as did enrollHarvard Law ment. AlSchools. Some though the of its distinschool was acguished faculty credited by the at the time were American Bar Woodrow WilAssociation in son from 18911964, it contin1898 (who later ued to suffer went on to beuntil renovacome president tion of the of the United States) and school began, and Dean E. Charles Evans Hughes (who Donald Shapiro laterbecameGovemorofNewYork ('73-'83) was hired. The Board of and Chief .Justice of the U.S. Su- Trustees, who were mostly post preme Court). The tradition of ex- World War II <alumni, made the cellencecontinued until the Depres- commitment to improve the school. sion. Since the school was indepen- Just before Dean Shapiro took over, dent from a university, and most of the New York State Department of the students at the time were work- Education declared NYLS the worst inginordertopaytheirwaythrough school in the state, saying that "it law school, the school was hit hard. barely exceeded our minimum stanBy the time WWII began, the school dard." But the school took a turn could not withstand the drop in enrollment and had to close for six Continued on page 15 years (1941-1947). Although the
NYLS was established "to secure the perpetuation. . . of the [Dwight] method." The school immediately attained a strong reputation, and in 1894 the evening division was started. At the
.1.1wellington, former Dean at Yale Law School, succeeded Simon as the new Dean of NYLS. He came to NYLS because he felt he could -'do more."'
Complimentary Tap Beer with meal Bring in this Coupon and your NYLS I.D. for complimentary tap beer with lunch and dinner Mon.- Fri. • 273 Church Street • 431-7227
t-tefM1A~ 1994
New York Law School
Reporter
5
A Day At The Auto Show lazy drivers who find a clutch cumbersome, Porsche offers its patented Tiptronic transmission (developed over three years ago) in the 911. This Last week (8 April 1994) I went to the auto show at, the Jacob Javits clutchless manual transmission should satisfy the "wannabe" stick shift ¡ Center. Having never attended the auto show in New York, I expected to drivers without the "hassle" of a clutch. Also on display was the Acura NSX with.its ..,ilJ-aluminium body see a huge exhibit. To my chagrin, what I found was a pathetic display of current line-ups of cars; hardly any concept cars were displayed. I was (developed by a Cray Supercomputer) - still an impressive looking car. extremely disappointed at the number of exhibits, the literature (or the BMW had its standard fare, introducing its new 318is, its lowest-priced lack thereof) and accessory vendors. I only found two vendors of rims and convertible. Unfortunately, BMW has discontinued its M-5 (a "supedup" 535i) in the United States. tires, and, even these vendors were One of the cars that received only local establishments. Pirelli, . - - - - - - - - - - - - - - - - - - - - - - - - - - - , the most attention was the Goodyear, Yokohama and other maMitsubishi 3000GT Spyder with its jor tire manufacturers were not automatic retractable hardtop. The present. car has a nice design, but overall it Nonetheless, I did discover did not impress me too much (probsome interesting things. Out of apably because of my bias towards proximatelytwo dozen cars, only four European cars). The Chrysler Neon of them could accomodate my 6'4" exhibit also received a great deal of frame. Not suprisingly they were the attention, mainly because it had the Mercedes 600, Saab 900, Volvo 940, bestlookingwomendressedinshort and the shocker, a Honda Accord. skirts going around the Center handWhen I attempted to sit in a 300ZX, I fit perfectly, but only with the top down. A drive would have been ing out caps and bringing people to the exhibit. Still, the car seems a fairly interesting, top down, wind in my hair, bugs in my teeth- I could see over good deal for people on a tight budget (90% of law students) who want the windshield while sitting in the driver'~ seat. Still many of the new a car that looks "~te/' is good on gas, and gets them around (as long as models were indeed exciting with manufacturers paying more attention you're 6'0" or shorter). There were many more cars not mentioned but for $8.00 the exhibit to the serious driver, rather than a "lazy" driver. Unfortunately, several Lincoln models had a digital display which, in my book, is a cardinal sin was less than fulfilling. But, I can atleast say that I went to the car show - have you ever tried to read a digital gauge while driving on a sunny day? in New York. With exams right around the comer, it was a splendid way Notwithstanding my dislike of American cars, I was pleasantly surprised to procrastinate - why do today, what you can put off until tomorrow?! at the design of the '94 line-ups; they ' exhibited pleasant styling, both inside and out, while keeping the prices at a reasonable level. However, the biggest disappointment was the Ford Mustang. The Mustang's logo is not only ugly but it sticks out, which takes away from the car's clean lines. Obviously, this car was targeted to a certain market - European car "wannabees," trying to imitate the Ferrari Testarossa, with its faux intake grill located behind the doors (on the Testarossa, the intake behind the door is fed to the radiators in the midengine design). But the most disturbing aspect of the Mustang was its poor We are pleased to announce hat we have awarded more than $100,000 in bar reveiw scholarfit and finish. When I pressed down ships for the Summer 1994 New York, New Jersey and New England Bar Review courses. on the rear quarter panel to test its While other bar review courses advertise similar programs, BAR/BR/ delivers what it promsuspension, the panel dented and I'm ises. pretty sure I heard a weld snap underneath the paint job. Then, when I inspected the rear valance attachment The purpose of the BAR/BRI scholarship program is to aid those students demonstrating to the wheel well, the valance pulled financial hardship to defray the cost of their bar review course. BAR/BRI' s continuing dedicaaway like a sticker and the fasteners tion to law students, combined with our comprehensive materials and distinguished lecturers, broke. Then the piece de resistance was the skirting underneath the door has once again resulted in enrollments surpassing all the other bar review programs combined. which was hanging on for dear life. Hopefully, this is not going to be the In light of this scholarship program's success and our constant commitment to law students case with all Mustangs! The workers and the legal profession, we intend to continue this program for the 1995 academic year. should pay close attention to all the above because these little details really detract from the car's overall appearance. The highlight of the show for me was the Porsche display. The classic 911, my ultimate car, was presented in four different colours, two of them being fuschia and yellow, which are completely new to the Porsche name. Also displayed was the 911 engine, a horizontally opposed 3.6 litre flat 6 air-cooled engine with an output of about 272 horsepower. Porsche also displayed its new 6 speed manual transmission (after all, a true sports THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE . car should never have an automatic transmission). But to satisfy all those
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New York Law School
Reporter
Commentary
· You Call This Art?!
exam or are they some kind of spacial-relation- because everyone who can't find a place to sit in ship test like those puzzle things on the LSAT? the cafeteria, the lounge, or the Steifel room is Perhaps they were put there to coincide with the eating and chatting it up in the library. The. Upon returning from a restful spring break elevator in the B building that stops four inches problem is that NYLS doesn't have enough in Monaco, I anxiously anticipated returning to below the level of the floor. I think it would've space in which to build a proper student lounge, NYLS to see the new artwork in the cafeteria. been a good idea to have made the cafeteria floor cafeteria, or library. What NYL$ does have is that utterly use- · For me, the best part about the new cafeteria is one level. It also would've been a good idea to have less parking lot. What an incredible waste of the artwork. It's much better than those inspiring courtroom sketches in the library, and cer- hired a competent interior designer. The base- space. New York City has the largest mass tainly better than the food. Problem is, it just ment lounge has all the warmth and atmosphere transit system in the country, does anyone really keeps getting scarier and scarier. The artwork, of a prison rec room, except that in prison, the need to drive? Isn't there enough traffic and that is. Not that I'm an art expert or anything, convicts get gym equipment and pool tables. pollution in New York City without NYLS enbut who picks out this stuff? What's their crite- Was the lounge designed by the same person couraging people to drive to .school? The lot ria? Is it that everything displayed must convey who designed the Mendik Library? The library certainly isn't doing the students any good. We pain and anxiety? Is it that the art must make the looks like a converted warehouse. Yes, I'm can't use it during the day, and even if we could, viewer feel distraught or disoriented? Or is it aware that the library IS a converted ware- it's too small to benefit a significant amount of simply that the artist must be deranged? I don't house, but NYU's law library was dug out from us. Besides the two motorcycle owners who are know how the rest of you feel about this, but beneath the street and it doesn't look like a hole saving the disposal fee by abandoning their while I'm eating my dinner, I don't need to look in the ground. On the contrary, NYU's library is bikes next to the dumpster, and the Mia ta owner at a ten-foot painting of a man screaming in spacious and elegant. Couldn't NYLS hire the who is saving a bundle on parking fees by agony. Nor do I need to look at a painting of person who designed NYU's library to give this storing the Miata at NYLS instead of paying the prevailing rate for a spot elsewhere (this car someone being impaled with Q-tips. Nor do I place a little elan? But getting back to the new cafeteria, they'd hasn't moved in about five months!). Only a particularly want to be in the same room as that terrifying painting of a confused-looking man be better off booking orchestras than serving very small minority benefit from the lot, which staring at his hands while a nude woman and a food there because with its acoustically proper gives me an idea. l\7hy not tum the lot into a skeleton watch him from behind. Is this de- design-long length, narrow width, high ceil- public parking lot and charge the prevailing mented or what? Law school is stressful enough ing-it would work much better as a concert New York City rate? It would raise tons of without having to look at that. hall than it does as a cafeteria.I'm sure you've all money with no capital investment. The school As long as I'm on the subject of the new experienced the phenomenon of eavesdropping wouldn't even have to hire any extra employcafeteria, what's with the two steps in the center on someone else's conversation when they're ees. There are plenty of security guards standof the floor? Were they put therE; on purpose or sitting 50 feet away. And while this can be ing around doing nothing; let them staff the lot. did the construction crew have a few too many entertaining at times, usually the noise just gives And while I'm talking about money, how Budweisers for breakfast? Were they put there me a headache. And don't actually try to eat in much would the school save if the library wasn't to help create a fact pattern for next year's torts the cafeteria during lunch or dinner time; in 100 degrees with half the windows open all addition to the winter? Would it be enough to give the employnoise, you'll never ees in the registrar's office a raise so that the next find a table. By the time I ask them a question they'll attempt to be . . Summ~r Living same token, don't a little less surly? It should at least be enough to ,n bother looking for an buy some sound-deadening panels to hang in New York City empty sofa in the the caf~teria. And hopefully some wallpaper. lounge, especially And once the revenue from the parking lot starts when it's raining. rolling in, the school can start negotiating to buy Live in the heart of historic And forget about the AT&T building to house the new library and trying to find a quiet stude!lt center, and if they want, they can name Greenwich Vtllage this summer. spot in the library the art gallery after me. ♦ Central location In NYC's ~ost charming neighborhood
Commentary by Ron Gregario '95
Spring Fever Hits Hard
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Commentary by Dale Tarzia '94
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How hard has spring fever hit? Well, judging from last week, spring fever definitely hit me pretty hard. Having acomplished absolutely nothing in the past week, I decided that I needed a change of scenary so I played "hooky" from work last Friday. I told my boss that I needed to renew my driver's license and that the whole affair would take a good part of the day, therefore I wouldn't be coming in. In reality . it took me about 30 minutes1 and $22.25 to find out that they would mail the damn thing in about 4-6 weeks. Meanwhile, I had the entire day to do as I pleased. With the day ahead of me I decided that I would go to the auto show at the Javits Convention Center, realizing that I would be in the same building on July 26th & 27th to take the dreaded Bar exam. (See the Autoshow article in this issue for an exposition on how delightful the trip was). · After taking in all those fabulous fume spewing / fossil-fuel consuming / overpriced pieces of steel, dinner was next on the agenda. I had plans to meet the future Editorial Board of the Reporter at some Italian eatery that I didn't know. Somehow a couple of us arrived early, with the remainder arriving an hour later, right Victor? The food turned out to be kind of on the bland side, but some us managed to
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New York Law School
Reporter
7
Commentary Shooting From The Lip Commentary by John Mascialino '95 Dear fellow law students, In my two years here at New York Law School, I have had the pleasure of meeting some very interesting, bright and friendly people, many of whom I will consider friends for a long time to come. Because NYLS is quite small in both size and enrollment, it is easy to notice practically everyone who attends this school, whether or not you know them personally. It is this closeness and feeling of friendship with which I write this letter to the student body. Let's face it people, we all know NYLS is no Harvard or Yale, and no, it's not NYU. But, so what? There are plenty of positive things NYLS has to offer. Yet, whenever I hear NYLS students talk about their school, all I hear is swollen conversation of profound negativity. What is wrong with everybody? If you are here at NYLS, you are here for a reason. I have chosen to outline a few of the reasons for you: 1) it was actually the school you wanted to attend, 2) all your friends go to school here, 3) you received scholarship money to be here, 4) it was the only law school in New York that accepted you (there is no
Spring Fever
better state in which to practice law, is there?) 5) ~t was the best law school that accepted you, or 6) it was the only law school that accepted you. ... anywhere. Perhaps you have a different reason for being here, put it really does not matter. The fact is that you are here, so make the best of it All I hear is "NYLS sucks" whether it is about the Administration or the cafeteria food. People, everything is not going to be perfect! We live in an imperfect world; accept it Look at the positive things our school has to offer: 1) its central location in the heart of New York City, minutes away from federal and state courts, prestigious law firms, city hall, corporation counsel, etc..., 2) an excellent internship and externship program which includes placements with judges, the District Attorney's office, entertainment firms, environmental firms, corporations, etc..., 3) a distinguished faculty: the President of the ACLU, the former commissioner of the NYC Department of Transportation, numerous authors of books, former partners in major law firms throughout the country, etc...,
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4) a new library, new classrooms and a new cafeteria, 5) numerous law associations, 6) anationallyrecognizedmootcourt team. I agree that there are certain things about our school that I wish were different the grading curve, job listings at Career Services and the lousy artwork hanging in the cafeteria, just to name a few. The point is that we have to deal withitina positive way. Instead of publicly badmouthing the school and making our reputation worse, we should voice our opinion to the Administration, as many students did with the grading curve. Hopefully, something will be . done about it. The key is that some people cared enough to do something about it instead of sitting on their asses and complaining. Law school is an accomplishment, regardless of where you get your degree. Be proud of where you are and of your chosen profession and make the best of it. You chose NYLS for one reason or another so live with the decision and make the best of it. How can we expect lawyers to respect our school, when we ourselves don't respect it.
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Continued from page 6 consume sufficient alcohol to overlook that fact. Judging by the way the wine was being consumed, the bar tab probably exceeded the cost of the meal itself. After a couple of hours of these festivities, I thought I was going to head home and see what some of my friends were up to. Somehow I didn't wind up doing quite that; instead I ended up on the upper Eastside. This person said that we were going to meet some women that a friend's coworker knew. How's that for a little attenuated realationship?I thought that this was going to be a night to remember for all the wrong reasons. Fortunately we arrived at the bar where we were supposed to meet these people 10 minutes before the end of the open bar. I still had a buzz from dinner so it wasn't like I was really going to drink anyway. · Somehow I looked at my watch and realized it was past 3 a.m. so I decided to head home. That night pretty much set the tone for the rest of my weekend, not including the recovery time the following morning. I managed to accomplish nothing relating to my school work over the next 2 days, even though I had two papers to write. And this is supposed to be the end of the semes- , ter? Forget school-its spring time. 1 The only reason it took me only 30 minutes at the Department of Motor Vehicles is that I arrived at 9 a.m.; I've been told that if you get there anytime after 10 a.m. you will wait several hours.
ATTENTION 1995 GRADUATES As a special promotion thru the month of April, you may enroll for the BAR/BRI 1995 New York Bar Review Course in one of two ways: 1. Complete an enrollment application and put NO MONEY DOWN. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will hold the discounted tuition currently in effect.
2. Complete an enrollment application and include your registration fee of $75. This entitles you to receive selected BAR/BRI outlines for use this semester and also entitles you to receive the MPRE review book and lecture. As with option one,the registration fee, of course, also holds the discounted tuition currently in effect. There you have it - two options. Whichever one you choose, you get New York's and the nation's largest and most personalized bar review with a proven track record of success, and . you save at least $125 off the 1994 tuition. Our anticipated 1995 tuition is $1550. By enrolling now, your discounted tuition will be $1350. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. · Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect in that state at the time of your enrollment. To enroll for either of theses options, see your representative or contact us at the above number.
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\¥AY 1994
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New York Law School
Reporter
Election Results For School Publications NEW YORK LAW SCHOOL New York Law School JOURNAL OF HUMAN RIGHTS Law Review 1,
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1994-95 EDITORIAL BOARD
1994-1995 EDITORIAL BOARD
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JACQUELINE BURNS
Editor-in-Chief
RICHARD J. ROGERS
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Editor-in-Chief
MARTIN ADLER
Managing Editor PAUL CIRINO HOLLY MANLEY
TYLER PAUL TwAROG
MARGARET PECKHAM
Executive Notes and Comments Editor
Executive Editor
Executive Articles Editors
SUSAN
MARYKA1HLEEN E . FoYNES
A.
LITIELL
Executive Topics Editor
RHONDA BASSAT
Book Review Editor
TARA L. PHELAN
COPERNICUS T. GAZA Scorr I. DAVIDSON MICHELLE FROST ERIN A. O'LEARY
SAMANTHA BILETSKY JOSEPH CAMPISI JENNIFER FOSTER MERRIL FRUCHTER STEPHANIE GEVIRTZ DEBRA KLINEK RANDI MUSTELLO
CLAUDIO
Chief Notes & Comments Editor
TERRI L.
MICHAEL CONWAY
EVELYN WARREN JASON WARSHAW
MICHAEL
THOMAS A. CALLAHAN
T. LUBBEN
Notes & Comments Editors
Notes & Comments Editors
Notes and Comments Editors
E. EsTES T. AGUIRRE MIKE SPATARO JOHN
NANCY J. STEWART NATALIE A. BLOOM THOMAS E. BUCKLEY CHRISTINE M. TOMCZAK
MARY JOE BRADY JONATHAN LEvm JAMES LUNDY
GLORIA
Articles Editors
Articles Editors
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Associate Editors
ADLER
DANIEL P. GREGORY PAMELA 'fHEoDOREDIS
LoRIANN HELLMANN STEPHEN CHIAINo
0oR01HEA PLUNKETT
AARON
Associate Editors
y ORK LAW SCHOOL
L.
MICHELLE
Chief Articles Editors
Articles Editors
NEW
KANDEL
Book Review Editor
MICHAEL PASQUALE
CHRI5TINE ALBER WILLIAM BERNARDUCCI CHRISTOPHER DoNNELAN LAWRENCE DuNN MARI J. GALVIN Scorr GRUMMON JENNIFERHUGHRl NOELLE KURTIN JAMES McQuADE Scorr MILLER CHARLES Mrrc:HELL THOMAS O'HANLoN KAREN ROBERTSON MARGOT ROEN MATTHEW ROOT .ANrolNE1TE SEGREro MARIA SPITZ ROBERTS~ FREDERICK WILMER
I.
Managing Editor
A.
0oYNOW
Associate Editors
MooTCOURT
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JOURNAL OF INTERNATIONAL 1994-95 EXECUTIVE BOARD
AND COMPARITIVE LAW
IANSINGER
Chair MICHAEL PAGANO
1994-95 EDITORIAL BOARD
Vice Chair
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YVETIE Y. CHANG
CARLIE DRAPER JILL FALCONE
Editor-in-Chief
JOSEPH
A.
Intramural Chairs
Froessel Chairs
MICHELLE GoLDMAN PREETI SINGH
Jo~EsTES LAURIE MAYER
A. SERGI
Managing Editor CLIFFORD
JAMES INIGUEZ SHANNON BISHOFF
ULRICH
JILL
Technology Editor
M.
FRADIN
Wagner Chairs
Frossel Authors
Topics Editor
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ANDREW F. BRAVER
5oNJA FRITIS LAURA McGINN
PArn BRACKLEMANNS TuoM O'HANLoN
Executive Notes & Comments Editor
Wagner Authors
Executive Editors
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Executive Editor RICHARD J. D' AMico DANIEL P. FRANZlITil MICHAEL R HOROWITZ ANDREW D . LEVY JEANNINE A. MARLON VICTOR E. MUALLEM VINCENT L. PIRRO DAVIDS. SIERADZKI KoNSTANTINos VoLAKos
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ADAM W. WEISS
EDWIN F IGUEROA CHARLES T. GURA DANNIELLE H. LEVY KATHERINE M. McGRATH ERIN M . McMANus DANIEL PAIGE GLEN H . PARKER JULIEN. SAMUELS JACQUELINE V ALOUCH
Notes & Comments Editors
Articles Editors PETER N . PEARL
Coordinator of Alumni Affairs
MEDIA LAW
1994-95 EDITORIAL BOARD
CATHERINE LENTI
Editor-in-Chief
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ROBERT.GIBSON
TANNER FREEMAN
Technical Editor
Associate Editors -
RICHARD TARZIA
Managing Editor
Y ANIC. THOMAS GAIL BUBSEY
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& POLICY
Assistant Editor
A.NJALI SINGHAL
Assistant Technical Editor
New York Law School
Reporter
TO: PROSPECTIVE BAR EXAMINEES
As you begin preparing/or your upcoming bar examination, you may still be unfamiliar with our PMBRMultistate review course. PMBR is a supplemental Multistate course that specializes in preparing students for the Multistate Bar Examination (commonly referred to as the "MBE"). As such, PMBR is NOT in competition with the general bar review courses (such as BAR/BR!, SMH, Pieper, Rossen, Barpassers) which are primarily designed to prepare students for the essay section, rather than the MBE. HAS THE MBE CHANGED WITHIN THE LAST YEAR?
You may have heard rumors that the MBE has changed its format within the last year. Although the MBE is still an objective 200-question multiple-choice exam testing the subject areas of torts, contracts, criminal law, evidence, constitutional law, & property, subtle new changes have occurred. The three main changes involve (1) the length ofthe questions, (2) new topic areas and (3) "crossover testing" patterns. First, the length of the questions are becoming longer. On the July, 1993 MBE each section of the exam was 50 pages in length. Many students (who were unfamiliar with the new longer question format) had difficulty finishing the exam on time! Second, within the last year many new topic areas are being tested on the MBE, such as Riparian Water Rights, Assignability of Mortgages, Partition Proceedings, Federal Statutory Crimes, concomitant Wills, and Rights of First Refusal as covered under the Rule Against Perpetuities. Thirdly, another subtle change involves the implementation of new "crossover" testing patterns involving, for example, an interrelationship of Civil Procedure and Torts relating to Directed Verdicts and Summary Judgments.
Our Multistate Reputation · Speaks f~w Itself... · 19ll#la......... r- ■ NowY•
1979#1 AWlislale~ComelnNcwYOlk
19flJ #1 Maltista RmcwColne in New Yen
1981 #1 Mtdtistate
Rmewwurse in New YOik
1982 #1 Multistate Review f.oorse in New Yolk
1983 #1 Muldstate Review fAxuse in New Yolk
92%
NATIONAL PASS RATE .
1984 #1 Multistate Review Course in New Yotk
1985 #1 Multistate Re\jew Course in New Yom
1986 #1 Multistate Review Course in New Yolk
1987 #1 Multistate Review Course in New Yolk
1~ #1 Multistate Review Comse in New Yolk 1989 #1 Multistate Review Course in New Yolk 1990 #1 Multistate Review Course in New YOffl
1991 #1 Multistate Review Course in New Yoit
1992 #1 Multistate Review Comse in New York 1993 #1 Multistate Review Wurse in New Yott MULTISTATE SPECIALIST
Obviously, We Dave The· Best Multistate Questions! . -
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NEW YORK TOLL FREE: (800) 523-0777 ,\ ~-'-_1
{ .A fflAY 1994
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New York Law School
Reporter
-_Sound Off To The Ombudsman An Ombudsman investigates re- dents ofNYLS explaining his rationale ported complaints (from students or for not submitting job percentage and consumers), reports findings, and helps salary statistics to U.S. News & World to achieve equitable settlements. 1 The Report. I have to wonder why our disReporter's column "Sound Of!To The tinguished Dean from Yale Law School Ombudsman" is presented for enter- couldn't foresee the damage to our school's reputation which has resulted tainment purposes only. from his failure to submit such "confiOmbudsman, dential information." My question is When I walkfrom the "A" build- this: Did Dean Wellington come to ing to the library, why do I have to show NYLS to keep us down? Is he part of a my school I.D. again? conspiracy offormer Ivy League Deans across the country to ensure that no Signed, law schools will ever compete with Can't be bothered. their alma matters? Dear Whip it out, Because if you don't show it the security guards will beat you down like a dog. Why should you take the chance of being mistaken as an intruder seeking to conduct criminal mischief on the school grounds? Security around here is like Rosie O'Donnell's butt - maximum. You don't want to have to deal with the strong-arm guards on a one-on-one basis. Show your I.D. at the door, be on your way and don't try to be a wise ass. If you were any smarter you would have figured out by now that a "woodchuck high sign" will get you through the school's front door just as fast as an I.D. will.
Ombudsman, It was depressing reading your last issue where the knuckle-head who wrote a letter to the editor in response to his less than friendly valentines mocked everyone in school. Have we all become as self-centered and moronic as this person? Most of us thought the letter was embarrassing. Tell us oh great Ombudsman what did you think? Signed, I hate conservatives too!
Signed, Oliver Stone and another question on the same subject is:
Ombudsman, As you probably know, New York Law School was ranked just above Barbizon in the U.S. News & World Report ranking of law schools. But as Dean Wellington so poignantly explained in his memo, it's impossible to assess the quality of law schools based on a few numbers. For instance, the USN&WR ranking relies on meaningless statistics such as job placement, and on the irrelevant opinions of lawyers, judges, and law professors. Besides, who other than a few million USN&WR readers pays attention to such rankings? But still, I'm concerned. Please tell me Ombudsman, why is NYLS viewed so poorly by attorneys and judges (71st according to the USN&WR poll) and law professors (89th) and what can be done to improve the school's image? Doesn't NYLS have anything to offer that other area schools don't? Signed, Guess I should have gone to CUNY
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clearly inappropriate for people of our age. Hasn't this person read the First Amendment or what? I asked a student leader about it recently and was told that this administrator knew in retrospect that the memo showed poor judgment. Why can't this administrator admit to their error? Signed, Where's the apology
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whether I should vote for Professor Johnstone's animated enthusiasm or Professor Meyer's curly hair. Professor Dobkin definitely deserves some kind of an adjunct award for correcting his very predictable grading policy. It may not matter anyway if the SBA election committee was telling everyone who to vote for.
Ombudsman, Dear Idiot, I've asked this VERY HOT feYou owe me an apology for male student out on a date quite a few writing such a stupid letter. No times now but she refuses to accept my reasonable reader knows what ...invitation. She is very serious about you're talking about. What letter, herself and so I always present myself which administrator and what was in a serious manner too. I don't want to the s_ubject of the memo which you "be a jerk and annoy her anymore than are referring to? Didn't you learn I have. The semester is almost over and anything in Legal Writing I and II? time is running out for me. I don't My best attempt to respond to this want to have to wait until next semesnebulous question involves an as- ter to see her again. Give me some sumption that you are referring to advice, quick! the letter written by Dean Wilkes to the students of NYLS. The general Signed, gist of the letter involved the conBlue Velvet cept of good will to our neighbors while it threatened to take action if Dear Fat Chance, the former was not adhered to. In If you've been trying all this response to your well-thought out time to get her to go out with you, question, here's a quick answer. chances are you will never succeed. Administration never lets us down! Guys like you are pretty stupid You can bet that their half-hearted though. What you think is VERY attempts to befriend students fall HOT is probably one of the ugliest short of the characterization of B.S. girls in school. I always hear the same story from guys in this school, Ombudsman, "MygirlfriendisHOT!"Thenwhen What do you think of the election I see her I ask "That's her?" I've fraud which took place in the recent counted only five good looking girls SBA elections? If this happens on the in this school and you'd be surlaw school level, do you think such prised to know who they are. None chicanery is capable of occurring in of thei:n go to the tanning salon or higher levels of government? have breast implants either. Three of them are either engaged or marSigned, ried, one is seeing someone in The Ethical Committee at school, and the other is a lesbian. Sunny's Deli So, by the process of elimination, the beast you seek is not VERY Dear Do you sell Boar's Head HOT. My advice to you then is Turkey, simple: Give it up, unless you're a What do you think beast yourself and feel he has come Whitewater is all about? It alleg- upon his mate. edly seems like there are two reasons given for the election scandal. l WEBSTER'S NINTH NEW COLLEFirst, the SBA is unable to handle GIATE DICTIONARY, 823 (9th ed. 1983). the menial task of keeping track of who is voting by merely initialing off students' names as they vote. Secondly, rumor had it that the current SBA President thought she would ·cast and collect everyone's vote while manning the election table.
Dear Then you're a loser too, The letter to the editor spoke for itself. Someone ought to mail it to this person's new high paying employer and show them that they hired a twelve-year-old instead of a law school graduate. The joke's on them. Perhaps what we really have here is yet another example of a hippie turned yuppie. More appalling was that this person bragged that he was a black belt in karate, an obvious insinuanon that he could kick anyone's ass. Well, maybe he'd like to meet me and my gun collection in an alley one day and we'll see who's left standing. Ombudsman's Note: This is not a threat against anyone's life but merely a statement that a black belt in karate will do you little good against gun-wielding maniac who doesn't like wise-asses.
Dear the two of you should mate and have babies, Dean Wellington made the biggest mistake of his NYLS tenure by not releasing the school's statistical information. I too believe that he is part of a national espionage to keep the up and coming law schools down. It is obvious now that keeping the information under his pillow didn't help anyone. The release of such pertinent statistics could only have benefitted the school. I ask our revered Dean: Why did you really do it? This whole fiasco reminds me of a hippo who gives birth to her children and then sits on them when she decides to catch her breath. Our careers have ended before life was breathed upon them. May they rest in peace.
Ombudsman, Recently, Dean Harry Wellington wrote a letter to the stu-
Ombudsman, Aball, Why hasn't a certain member of The field of candidates was the administration apologized to the slim pickings. I didn't know student body for a memo which was
Ombudsman, Who did you vote for as professor of the year? Signed, I hope it was me Dear Professor Juana Toss
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MAY'1994
Nerp York Law School
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Reporter _
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Commentary The Harder We Try, The Harder_We Fall Commentary by Brendan Barry '94 Congratulations to the Students of New York Law School! We are not the lowest ranked law students in America. However, don't get too excited yet. The U.S. News & World Report recently ranked the country's 173 law schools and placed NYLS at the top of the fourth tier (out of five). NYLS' reputation rank by academics was 89th while our reputation rank by lawyers and judges was 71st. These rankings place NYLS slightly above the 50% ranking. Compared to the 173/170 ranking of Regent University in Virginia, we look pretty good. Unfortunately, the graduates from Regent are probably not going to be competing against us for employment. NYLS' rankings are lower than most of the other schools in the area. Columbia, NYU and Fordham scored the highest at 1/6; 7 /11; and 75 I 45 respectively. Brooklyn, St. John's, Cardozo and Hofstra were slightly above us at 65 /95; 89 / 60; 65/71; and 74/71 respectively. ·Luckily, Touro, Pace, CUNY - Queens College and Seton Hall were below us at 122/138; 130/138; 147 / 170; and 101/71 respectively. The two factors that concerned me the most were the starting salaries and employment rates of the schools in our region. Between 96% and 50% of graduates from these schools found employment six months after graduation and earned between $83,000 and $35,000. NYLS had only 50% employed with a median salary of $40,000 (our $40,000 and 50% were estimates by U.S. News) . No school had a lower than 50% employment rate and the only school with a lower starting salary than NYLS was CUNY. Even Touro had a $62,000 median starting salary. Perhaps career services is not working hard enough or maybe the students just take lower
less than the $40,000 estimated by U.S . News. (Maybe we should continue to allow U.S. News to estimate.) Dean Wellington went on to state that reports like U.S. News do not take into account "a school's continual improvement of its physical plant." That is true, but the U.S. News report does not take that into account for any school. Why should it do it for NYLS? Does the Dean think that we are the only law school improving our campus? NYLS looks great, however students do not receive a better education because of the school's face lift. The National Jurist also did a survey of American law schools in its April/May issue which took into account the factors that Dean Wellington feels so strongly about. This survey looked at the quality of teaching, faculty-student relations, diversity of faculty, level of challenging work, research facilities, library staff, degree of student competitiveness, sense of community, minority relations, and the state of the facilities in general, among other things. Unfortunately, NYLS was not included in this survey. The reason for NYLS' exclusion is a mystery. flawed." Dean Wellington cited a 1990 com- Students can: only assume that either NYLS' ment by the ABA Section on Legal Education policy of not cooperating with these types of and Admissions and the Association of Ameri- rankingskepttheschooloutofthesurveyorour can Law Schools about the U.S . News rankings in students did not send in a single response to the support of his position. He felt that U.S. News survey. Maybe the Dean will attempt to answer would interpret any information sent to it by this question in a new memo. Being ranked higher or lower than other NYLS incorrectly. However, since he believes that withholding information from U.S. News, schools in the area does not bother most stuforcing them to estimate our salaries and em- dents. An education is dependent upon the time ployment rates would be more damaging than put in. There is an education to be gotten here at the possibility of having accurate figures misin- New York Law School and it is up to each terpreted, NYLS will send information to U.S. student to get as much out of it as he can. Dean Wellington summed up his memo by stating · News in the future. The Dean tried to clear the air by stating that we should not let this year's rankings interthat 74% of our graduates are employed after rupt the "pursuit of our common goal: an excelgraduation and our median starting salary for lent legal education." He is correct, it is a com1993 graduates was$36,000. Thatfigureis$4,000 mon goal we all must work to attain.
paying jobs because they really_like working for pennies, if they work at all. After the U. S. News and World Report came out, Dean Harry H. Wellington sent a memo to all NYLS students stating why NYLS' numbers were pretty ugly. According to the memo, NYLS did not furnish information to U.S. News because the Administration "has long regarded such attempts at numerical rankings as fatally
"There is an education to be gotten here at New York Law School and it is up to each student to get as much out of it as he can."
Sollle Parting Words Of Wisdolll ... Commentary by Rupi S. Badwal '94 Ahh, the honest to goodness feeling •of knowing two exams from now I will have finished my career at New York Law School. Even if for some reason I haven't fulfilled a requirement, I'm sure the school will gladly let me out of here - after all I have been as much of pain in their side as I possibly can be. Being nice only gets you so far. With administrators/politicians, the only way to get heard is to hit 'em where it hurts. In other words, deflate their egos and you usually get noticed. That's not to say .all of the administrators aren't helpful or willing to listen. Unfortunately it seems that the few that aren't have the most power, at least over the situation you want to remedy. Probably one of the most helpful of the administration is Dean Harriet Inselbuch, albeit it's her job to be nice because she is primarily responsible for alumni funding. Ohe of the least helpful (remember, this is my experience) is Dean Matthew Wilkes, who heads up student affairs. He has stonewalled me, not only in my capacity as a member of the Reporter, but as a student in my first year here - I guess it wouldn't seem so_bad had he the courage to at least meet with me personally, instead of using
Helena Prigal to do his dirty work. But, I suppose, as an administrator, he is too busy to meet with me, because, after all, I'm just a student! . .. But enough ofthe bashing of the Administration, let me tum to the curriculum. One thing I never realised until I spoke with a friend at another law school; is the education at NYLS isn't too bad at all. In fact, the practical courses I have taken here weren't even offered at my friend's law school - she says all her courses were theoretical with no hands-on experience. I was somewhat surprised and then somewhat thankful that, although I still feel unprepared to practise law, at least I'm in a better position than my friend! · Now, as a graduating student, let me bestow my wisdom upon the first years mostly, but some second years also. I know, that by the time you read this, you will have already picked your courses, but it's never too late. In my three years here, there :were several professors I have taken that I recommend you all take, if possible. Donald Rothschild, a professor with a flair for making difficult subjects easy, taught Commercial Transactions, and will now teach Alternative Dispute Resolution. By far,-he is the best professor I have taken with a unique approach to teaching- he cares that the students learn, and
he goes out of his way to ensure that they do. What more could you ask for? Kim Lang, affectionately known by some as the Grim Reaper, is a professor who will make you work, but you will thank her for it when it comes to the bar exam and practise. She teaches Evidence, Torts and Conflicts of Law. Believe it or not, I still remember most of the evidentiary rules and I had her for evidence over a year and half ago (that's no small feat for me). Joseph I. Rosenbaum, adjunct professor and senior counsel at American Express, taught Law and Information Technology. If you want to learn about computers, the Internet or any other information technology, this is the man to learn it from. Most of the people in our class had little knowledge of computers, but by the time we finished, they understood concepts that took me m~mths to learn! Robert Reuscher and Anne Haskell, both writing professors, are two very nice people. Reuscher teaches Legal Writing and Drafting: Litigation, and Haskell teaches Principles of Legal Drafting. Both are well-versed in their fields, humorous, and extremely willing to help
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New York Law School
SBA Elections - Nothing M0re ·t han a 'Scam. Dear Editor: Recently, the Student Bar As. sociation held an election of its executive board. Unfortunately, those results were invalidated by the SBA Election Committee due to a "discrepancy in the number of day ballots cast and the number of students who checked off the day roster."1 This invalidation is no surprise to me and probably many of the students of 111 this school. This fiasco is another in a series of events that has severely affected the reputation of the SBA in the minds of many of the students at this school. To further denigrate the credibility of the SBA and its elections, I must reveal to everyone in this school that other voting irregularities occurred. These irregularities were brought to the attention of the SBA and the Administration. The SBA denied that they occurred, and the Administration decided not to take any action. The irregularities people complained about were the staffing of the election area by a candidate and undue influence towards cer_tain .cand~dates by someone man1\iiig.llii election:table. ' · · · , · · However, when these irregularities were brought to the atten-
tion of the Administration, their response was 'I know it happened, but I don't think it affected the election.' This reflects many of the concerns that I have expressed in the past about the Administration, that they really don't want to address the concerns and best interests of the students.2 On the other hand, the SBA election committee's failure to even investigate the alleged improprieties reflects the reasons that so few students have any confidence in the SBA. These issues need to be addressed and remedied, otherwise a further erosion of the_morale among the students will continue. Because this is my last semester, hopefully someone else will pick up the cause and try to fix some of these problems and to re~tore the confidence of the students in this school. 1 Memo from SBA Election Committee to the day students. One has to question this memo in and of itself, because it is not addressed to the evening students, a vast human resource many at this school tend to overlook. 2 . Discussionwithadministrative member of Stud~t Affairs. Dale Tarzia '94
1 know it happened, but I don't think it affected the election."'
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students. The best thing is that you learn practical skills that you can use whether or not you practise law. Park M<Ginty teaches Corporations and Securities Act of '33 and '34. He is so enamoured with, and enthusiastic about, corporate law that you can't help but learn the material, not to mention that he will teach it until you understand it. One caveat - his exams are diffi-
·"make my advice and try to get involved, keep active, and, most of all, try to have fun while your doing it." cult because they are all closedbook, and M"Ginty doesn't have too much trouble failing students who deserve to fail. David Schoenbrod teaches Environmental Law and Remedies. While the lectures are sometimes boring, it's more a function of the subject rather than the lecturing style. He is readily available outside of class and makes a conscientious effort to help students who
in Student Services to order the 1994 NYLS Yearbook
If you have any questions, please contact CRAIG M CELWEE OR SWATI }AMINDAR
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Wisdoin Cont.
All graduating students should see Sally Harding
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find the material difficult. One caveat - his exams are a 'bitch!' Seymour Feig, or Sy,his Christian name, is an adjunct professor who teaches Entertainment Law . Sometimes referred to as a ''blowoff" class, I beg to differ. Feig has an impressive resume and if you go to class and listen to what he actually says, you can learn a great deal about the construction of contracts, not just in entertainment, but in other fields as well. It doesn't hurt that he's a character too, reminiscent of, the comedian, Jackie Mason. Stephen Newman teaches Civil Procedure, Family Law and Children and the Law. I think he's . actually a comedian in the guise of a professor. Although his 1ectures drag a bit, he definitely knows this field like no one else, and_again having a professor who can tell jokes, certainly makes the classmore enjoyable. EugeneCerutµ teaches Criminal Law and the Criminal frocedure courses. His laid back teaching style may not be for everyone, but if you like a mellow professor, this is the guy for you. He has a lot of funny anecdotes and gen~rally his exams are fair. While this list is not exhaustive, it may prove useful for some of you. I also have a couple of more suggestions before I finish my student career. Hyou can, get involved with some of the s~udent organisations, not so much for the resume builder, but for the experience. Hnot for the Reporter, I think I truly would have no attachment to this school at all. H this is not for you, then go out and get a job. It doesn't matter whether you work 10 hours or 20 hours, the idea is to keep active. Too often, the rigour of first year gets you worn down, par. ticularly because you have no activities outside of school. I can tell you that the old axiom is true: First year, they scare you to death, Second year they work you to death, and, Third year they bore you to death. Take advantage of the opportunities that surround you. _In this market, if you just went to school, didn't participate in any activities at school or work, potential employers will begin to wonder if you are lazy, disorganised, or worse, incompetent. Also, many of the alumni, as well as my colleagues, received offers for employment only because they have worked at their firm since second year or the beginning of third year. So, take my advice and try to get ·involved, keep · active, and, most of all, try to have ~ whil~,your ~oing it. ~• ..... . .•· • s ... •. ~· ::it,~ . ~'.·..... .~.,.. . .~·
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New York Law School
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Rags Cont. that the jury fi,nd them only 5% · _ culpable, or about $160,000; Owens Continued from page 2 Corning had rejected all of our .settlement offers. At the second phase, we live and Tom and Murray testify viavideotapedepositionsthatwere proved that Owens Corning had made before they died. Right from -privately assembled a library of operun.g statements the defendants medical literature about the dan- _ conceded the medical diagnosis gers of asbestos in the early 1940s; based on our expert's report. ,. that it pur~ For the second jury, the ques- chased its tions were whether a company is at asbestos all liable, and if so, for what p_~r- p-r o duct centage? Our burden was to prove ~ompanyin · "by a preponderance of the evi- ~958, that dence" that our clients were ex- its employ-posed to the asbestos products of ees knew of each def~dant and that each d~ thedangers fendanf "knew or should have of asbestos · known" of the dangers of asbestos and that it aru1 "failed to adequately warn." took pre- . Jeriy, also a 5-year asbestos cautions in lawyer but a former legal aid attor~ · -its own facney, joined Jim for this phase. The ·' 't ories. Inliability evidence consisted of hun- · i: e r n a l dreds of documents and a number m e m o of expertwitnesses: scientists who r a n d a specialize in pathology, occupa- proved that tional diseases and have written corporate extensively on asbestos diseases. officers Most of the defendants settled considered before the liability phase. The only that warnone to.go the distance was Owens ings would Corning Fiberglas, a Fortune 500 negatively affect sales. company with $3 billion in assets The jury found Owens Cornand $131 million in profits. It asked ing culpable for over 20%. In addi-
tion, the jury also found, "by clear and convincing evidence," that Owens Corning had acted recklessly and with disregard for the safety of others. This operated as a matter oflaw to make Owens Corning jointly and severally liable for the culpability of other tortfeasers, evenbankrupt ones, accounting for an additional 17%, for a total of$1.2million. - The finding also entitled us to seek punitive damages. In a one-day hearing~ we offered evidence of 0 wens Corning's wealth. Therewere annual reports in which the company stated that it would not shed a tear over its asbestos liability. Owens Corning, in defense, alleged that
"Most of the defendants settled before the liability phase. The only one to go the distance was Divens Corning Fiberglas, a Fortune 500 company with $3 Bi-Ilion in assets and $131 Million in profits."
their asbestos product was only 2% of their product line and that it only generated a 1% profit. Attheendofthehearing,Jerry asked the jury to add to each punitive damage award a one penny profit on each dollar. Sure ~ough, the next morning, the jury read us their verdict: $18,203,500.01 per · man. The $54.6 million for the three men represented about 42% of Owens Corning'.s 1993 profits. We're now awaiting PostTrial . motions - where Justice Schlesinger will probably be asked to lower the compensatory and punitive . awa_rds. On ·appeal, the First Department has an opportunity to order remittitur or, .w e prefer, additur. Then, there may even be an issue for Owens Corning to take up to the ·Court of Appeals. Meanwhile, interest accrues at the statutory rate of 9% from date of verdict. The wives of all three men now have some security with their settlement monies. John, wl\o lives with wife Anna on Staten Island, and is undergoing radiation treatments, doesn't expect to see anything from Owens Corning. But he does drive to the hospital in a shiny new Cadillac.
Dazed .and _Confused? - Check This Out ·l· l iil!~1■1iiiii~llli~ l
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:,months away.-:."Top 40" included
Dazed and Confused,. just out · on videocassette, is a movie which · offers more than meets the eye. It is . a "day in the life" story of a group · of 12 people set in Austin, Texas in 1976. Most of the characters are just finishing their junior year at Lee High School, and their only concernis"whoishavingthefirstparty of the summer?" They spend their time driving around, looking for freshmen to administer the traditional paddling to, and a good place to get "wasted." At the outset, this appears to be a version of the venerable "American Graffiti" with bell-bottoms, but "Dazed and Confused" leaves its earlier counterpart stuck in the 1950s. Writer/Director Richard Linklater, of "Slacker" fame, successfully captures what truly may be the most idyllic setting possible in which to reflect upon the silliest decade of the 20th century. The story opens one year after the final withdrawal from Vietnam (so no one need worry about being drafted), the last bastion of the Nixon/Ford Administration, and senior year with its pressures of college choices and SATs still three
Boston, Aerosmith, Kiss and Led Zeppelin. The core group of characters are led by Randall "Pink" Floyd (played by newcomer Jason London), the quarterback of the"Fighting Rebels.,, His entourage includes f~llow teammate Don (Sasha Jenson), freshman Mitch Kramer, (Wiley Wiggins), and the perpetually stoned Slater (Rory Cochrane). Along with a plethora of other such characters, "Dazed and Confused" follows the trials and travails of "Pink" and his clique as they go from a house-party, which is canceled when the kegs are delivered to the parents, to the local arcade/ pool-hall (this was before video games), to a •keg party in a local field. Richard Linklater's secret to making a good movie is very basic. Primarily, he keeps the viewer busy with a multitude of characters and side stories. There is literally no "dead-time" in the entire 103 minutes of the movie. Even in the beginning, which is mostly meaningless banter around the high-school, Linklater has the main female characters listing the episodes of
"Gilligan's Island" while stuck in class on the last day of school. Meanwhile, Slater.the stoner is helping a friend in wood_.shop put the finishing touches on his bong as the teacher sleeps. Linklater's second trick is to make all of the characters real and amiable. Each of the more than twelve primary characters has a clearly defined, if not a bit predictable, personality, and their interactions are very amusing with each one staying within their roles. However, "Dazed and Confused" is not without its shortcomings. First, there are simply too many characters. Each one is a pivotal character, but is on-screen for only a few minutes at a time. To complicate matters further, at times there are three or more sub-plots going on at once. Before the final keg-party scene, there are four groups of people driving around the town, involved in totally separate situations. Combine all of this with Linklater's style of flashing from scene to scene and things get a bit confusing at various points. Despite the overall serenity of the settings, there are a few scenes which people may find a bit violent. At the beginning, the male
juniors engage in a township ritual ofhuntingdownfreshmenand paddling them, In addition, there is a 30-second fighf scene towards the end, which may be more off-setting than it needs to be, because of its graphic nature. However, the film is far from mean-spirited, and these scenes, especially the hazing, are done with Linklater's tongue--incheek style of humor. When it was in general release, many people also seemed to object to the constant use of marijuana and beer, especially in conjunction with driving. This is almost certainly what earned Dazed and Confused it's "R" rating. It is important to remember several things regarding this point. One is that it was in the 1970s and casual use of certain recreational pharmaceuticals was in vogue. Second, the setting is Austin, Texas, and the characters reflect upon how uneventful the place is. Finally, it's just a movie, i.e. make believe. Overall, Dazed and Confused is a very good movie. Linklater puts forth a good story with surprisingly sophisticated humor, while not being self-serving, as many of the so called "Generation X" movies can be.
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New York Law School
Future Cont.
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SPRINGTIME IS
Continued from page 4 for the better almost immediately. During Shapiro's tenure, NYLS was admitted to the Association of American Law Schools ("AALS") in 1974, faculty was enhanced, curriculum modernized, admission requirements raised, and enrollment increased to approximately 1200 students. James F. Simon succeeded Dean Shapiro in March of 1983 as the new Dean of NYLS. Dean Simon's goal, among others, was to modernize the facilities of New York Law School. The building was dilapidated and belonged to the Nineteenth Century. A new library was built, the school was renovated, and a new student cafeteria was added. $16 million had to be raised to pay for these changes. Although generous contributions were made by the Board of Trustees and alumni, they were $2 million shy of raising the full amount. The renovations were completed anyway. In July, 1991, Harry Wellington, former Dean at Yale Law School, succeeded Simon as the new Dean of NYLS. He came to NYLS because he felt he could "do more." His vision for the school was outlined at a recent meeting with students, where he said that he is trying to improve the school by pursuing nine long-term goals:
Reporter
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1. Enhance teaching of the "lawyer centered education" Compliment the theoretical education with practical experience. This helps students become better practicing attorneys and more. ethical. The idea is to view the law from the perspective of the practicing lawyer as opposed to the academic lawyer. Stu,- . dents are placed at different law offices or agencies, depending on their interest. They have an opportunity to work on a problem facing the lawyer at that institution, with a mentor, and bring it back to the classroom to go over the problem and reflect upon it with the professor. This gives ' the students exposure to an area of the law they might be interested in. It is also a wonderful way to network and get a job. A good model to build upon is Professor Schoenbrod's Environmental Law Workshop. This is not meant to transform the school into a nuts and bolts institution, nor is it meant to be done at the expense of theoretical classes; a healthy mix of the two is the goal. Wellington compared this goal to Yale Law School where the classes are taught at a level of abstraction that has nothing to do with the
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practicing lawyer. Different schools have different missions. Our mission is to train good lawyers and help them get a job. "Lawyer centered education is the way to do it for NYLS."
u[Wellington's] idea is to view the law from the perspective of the practicing lawyer as opposed to the academic lawyer."
2. Enhance faculty by new appointments of experienced practitioners - They would be seasoned practitioners from major law firms. Professors Belly and Sandler are good examples. Next year an experienced immigration lawyer, Lenni Benson, from a major L.A. firm will join NYLS.
3. Establish new programs and centers at the school to give students an opportunity to concentrate in areas of their "expertness" - An example of this is the New York City Law Center. Currently under consideration are the Center for International Law and Center for Real Estate. 4. Reduce the size of the student body -
: ~Yl994
This will improve the quality of education and decrease overcrowding in the school. How much it will be reduced will depend on how large an annual fund can be established to offset the loss in revenue. Ideally, the day class would reduce from 330 to 275, and the evening class would remain at 120.
5. Help the journals,lawreview and moot court in their educational goals - Each is very important for the school and students. Currently there is a committee that is studying how best to accomplish this goal. The Dean suggested publishing less often as an example. 6. Better communication within NYLS, especially between the students, administration, and faculty.
7. Improving computing at school, moving us to "state of the art" - Dean Matthew Wilkes said the school has "engaged a consultant to help advise us on our institutional com..: puting needs and how to address them.... "The school is also hiring a Director of Information Technology that will oversee the computer cen-
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New York Law School
Reporter
llllng Up· On The Constitution Editor's Note: Larry Starkey, Director of Public Affairs, received this unsigned memo and felt it should be answered in the Reporter. To: New York Law School Director of Public Affairs From: An Embarrassed Student Date: March 10, 1994 Re: The Reading Room Recently I had the pleasure of showing my parents the law school. I took great pride in showwing off the newly renovated interior of the school. However, I was quite embarrassed when I took my parents to the Reading Room. When my father examined the large brass plaques of the United States Constitution on the wall, he noticed that the plaques are in no discernible order. Apparently, the individual who hung up the plaques was illiterate and had no way of determining what order the plaques were to be hung. This may seem to be a matter hardly worth mentioning, but members of both the New York and National Legal Community [sic] are often present in the Reading Room for various New York Law School sponsored. events and a mistake such as this reflects poorly on the entire school.
I hope that you can refer this matter to the proper department and have the problem rectified. Answer Because of the positioning of the main entrance to the Stiefel Reading Room, it was thought to be more convenient for the reader to have the brass pages of the Constitution mounted so the first page, with the Preamble and Article I, would be located nearest those doors. That position requires hanging the remaining pages so that they flow leftward along the wall, concluding with the Bill of Rights. While this is a long way from the plaques being hung "in no discemable order," perusing the pages from right to left may understandably occasion some confusion in a culture where reading normally occurs in a left - right manner. I suppose it just goes to prove nobody will ever settle the question of whether or not it's best to view the Constitution from the Left or the Right. .
Hangin' On The Upper East Side Commentary by Timothy Wedeen '95 The Upper East Side arguably has one of the best selections of restaurants, clubs and bars of any area of New York. Surprisingly, there seems to be an almost universal contempt for the area and its night-life among the New York Law School Community, although many of these people know the area well, or live there. On a Thursday night a college friend and fellow Upper East Side resident, Ronna, and I decided to do an "area review" to see if the East Side's reputation for pretentiousness is warranted. The Upper East Side runs from Fifth Avenue to the East River, bordered by 59th street on the south and 96th street on the north. Because a review of the entire area is impossible, we decided to stay on 1st and 2nd
crowd literally scattered. Within 10 minutes there wer~ less than a 12 people left in the entire back room. So we left to look for a place with a little more life. Our third stop of the night was Dorrian's Red Hand, at the comer · of 84th Street and 2nd Avenue. Dorrian's, around since the early1.960s, has always been a personal favorite of both mine and Ronna's. Its momentary period of infamy aside, this bar is always lively, with a very good-looking young crowd. In addition, Dorrian's actually serves some decent food, although the prices for an entree (around $12-$14) are a bit higher than comparable places in the area. Dorrian's has a comer location, and all around the perimeter there are floor-to-ceiling windows, which are often removed in the summer. Thenightwewerethereitwascrowded but not packed. We spent a little time there, but were more interested in checking out places we were less familiar
avenues, in the upper 70s and 80s. We chose - - - - - - - - - - - - - - - - - - - with, so we continued our trek up 2nd AvThursday because it seems to be the most enue. Next, we stopped at "1629" (1629 2nd lively and energetic night in the area and we Avenue). Bothofushadbeentherebeforeand were looking for clubs at their peak, to get a real sense of their crowds. Next we narrowed 11had fun, but that fl!ght the place was absoour choices to review down to six places: lutely empty. There were only five people in Dorrian's Red Hand, Club 1629, Easy Street, the bar at 11:30 p.m. on a Thursday night, so we left. 1629 has been around for a few years Avalon,Polly-Esther'sandTheAuctionHouse. Starting from the south, our first stop S andhasadecentreputation,buttheplacewas was Polly-Esther's, on 1st avenue between -1. i-1 desolate .... 77th and 78th streets. There are two other J lj Our next stop was Avalon (1647 2nd locations in Chelsea and the Village, but this is aven_ue), which is one of the places I've passed the best of the bunch. We arrived before 9:00 ' 1::- .. .. .. 'J 100 times but never entered. When we walked p .m., and already the club was very "alive." in,~ metal ?and "Live Wire" was just closing .Polly-Esther's is a "retro-bar," with the decor ~ ..... I thell' set with a cover of a Motley Crue song. made up of magazine covers and toys from Combine this noise with the fact that ~e pathe 1970s, disco lights, a David Cassidy show:/ trans, all 15 of them, seemed to be with the case, and a huge Brady Bunch mural, with band and our stay was short. The l~lst time I removable faces so you too can be one of Mike J' pass by I'll remember to keep walking. and Carol's kids. The crowd seemed to be Our sixth and final stop was The Auetion House (300 East 89th Street, off 2nd Avprofessionals in their mid to. late 20s, and despite the fact that the place was filled to capacity by 10:00 p.m. and had enue). This bar is like an uptown SoHo club. It is very small and has a fauxa very high energy level overall, everyone was very relaxed. The price for 1940s decor, with couches and a fireplace. The crowd was a bit older too, all this fun however is very '90s. The beers are $4 or more, and mixed maybelat~20sorearly30s,butthemaletofemaleratiowasverygoodand drinks start at $5. Polly-Esther's is THE hot-spot in the area. A line begins people seemed to be more relaxed than any other place we had visited. · no later than 10:00 p .m., and I've seen people in line until 2:00 a.m. on The music was a mixture of 1970s rock and Euro-disco, which was loud weekends. The only other drawback is the cover charge, which is either but still allowed for cognitive functions and conversation. The Auction $2 or$3, depending on the night. I haven't quite figured out what it's for House is a perfect "end of the night" stop. We arrived there about 1:30 a.m., which is late for a Thursday night. Overall, this bar is a nice change yet, nor why it's so low, but the doormen are huge, so just pay up. Our next stop was Easy Street (1590 2nd Avenue). Easy Street is one from the standard 2nd Avenue scene. There is a doorman who has never of a group of 2nd Avenue mainstays which are usually pretty good on spoken to Ronna or myself, but he has been rumored to do some Thursday nights. This club has a long bar as you enter. It opens up into a "screening" on occasion. Overall, the Upper East Side is a fun, if not predictable, place to go large back room, where there is a band and several pool tables. Unlike Polly-Esther's, Easy Street has an extremely relaxed atmosphere, but the . out. Except for the $3 at Polly-Esther's we paid no cover charges and did crowd is often a little less predictable. The night Ronna and I went, the not have to wait on any lines. I recommend Polly-Esther's, Dorrian's and front bar was fairly crowded with what appeared to be an after-dinner The Auction House (Easy Street may warrant a stop as well). As for 1629 crowd, mostly dressed-up couples, and the back room was filled with and Avalon, if our experiences were indicative of their regular nights, · mostly groups of older men and women watching a rock and roll band. spare yourself the effort and go elsewhere for a good time. The prices are a little more modest than Polly-Esther's, and even with the The author would like to thank Ronna Mutzman for her assistance in band playing, conversation was possible. Once the band had finished, the researching and writing this article.
HI recommend Polly-Esther's, Dorr,;an's and The Auct,;on H (E S OUSe asy treet may ll) A Warrant a Stop as We • l629 d A l Or an Va On, OUr e·xpen·ences we-tl'o ,;nd,;cat,;ve o·" their reu11 lar nights spare yoursel~ the effiort and go elsewhere ~or a good time.,,
New York Law School
Reporter
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Future Cont. Continued from page 4 ter, audio visual, and telecommunications. 8. Closing the gap between the reality and perception of the school - "NYLS is a very good school," said Dean Wellington. But he concedes that changing the perception is very hard to do, and that he 'hasn't succeeded at it as yet. To close the gap, targeting the legal community is essential, because they influence the media and in turn the public at large. This of course takes time, but as long as the wheels are in motion he is hopeful. The legal profession is "impressed by who is here, what we tell them, and how we talk to them" and that is the place to put the emphasis. He admits that he made a mistake by not reporting the figures to U.S. News and World Report. He will meet with them to make sure that this does not happen in the future. Dean Wellington criticized the report on two accounts: First, they accept figures at face value, e.g. if a school reports to them the average LSAT of the applicant pool as opposed to the admitted LSAT pool they accept, or if a school reports the average LSAT, but excludes the special admit categories they accept. To some schools that makes a lot of difference. That is why the AALS has a policy against publishing figures that cannot be verified. Second, no survey can adequately reflect the mission of the 501001. "[E]very law school is an individual entity with its own circumstances and its own particular mission, and to compare the schools in a chart like U.S. News & World Report is like comparing apples and oranges. It does a diservice to the legal education," says Professor Arthur Leonard. 9. Raise money for the school to accomplish these goals - A target of $1 million in annual donations is what Dean Wellington has in mind. The school is about to finish the second century campaign in which $14 million has been raised, with $2 million left to raise. With this money, the school has been able to purchase the library, renovate the school, and add
$2.2 million to the scholarship fund. The next step in fund-raising is to increase alumni participation, not only in giving funds for the capital campaign, but also to create a meaningful annual fund as a steady stream of income. That takes an "awful lot of my time," says Dean Wellington. Dean Harriet Inselbuch (the indefatigable fund raiser) says our total endowment is approaching $11 million, $3.4 million of which is the scholarship fund. This is a small endowment compared to other schools. Harvard and Yale, for example, have over $2 billion each in their general funds. Our endowment is managed by the "common fund" which manages endowments for most schools. She, along with Dean Wellington ancl . th~ Board of Trustees, raise money from alumni, corporations, foundations and friends of the school. Dean Inselbuch is very happy with the idea that was started three years ago by a graduating senior (Erik Jacobs '92) and the senior class gift, graduating students make a pledge to donate $300 over five years and the class chooses to designate the money for a particular purpose. This current graduating class is designating their gift to the renovation of ro_o m BSOO. The participating student pays $25, $50, $50, $75, and $100 over five years, which gives them free admission to the Alumni Association. To renovate BSOO they need to raise $30,000 which means they need 100 students to participate, almost one fourth of the graduating class. · All·these goals are interrelated and accomplishing one depends on the other. Dean Wellington says '1 can't paint the rosiest pictures. We have to face reality, we have to improve, and we·are improving." Dean Wellington welcomes any ideas that will help implement the long term goals, "I don't have any monopoly on good ideas ... or bad ones." Those interested·should submit their ideas in writing directly to his office. New York Law School is a good place to be. It is giving us a new shot at professional life, so let's be pro1Jd of it and support it. Politics aside, New Hampshire made Bill Clinton the come-back kid, and ·NYLS with our support, will be the come-back law school.
Blood Drive
Last year Phi Alpha Delta and New York Law School co-sponsored a blood drive. According to FDA regulations the blood center would not accept blood from any man who had sex with another man, even once, since 1977. A former student was turned down for a blood donation because he fell into this category. He was-upset and wrote a commentary in the Reporter. I responded by explaining that this was not the school's policy, the blood center's policy or Phi Alpha Delta's policy, but a federal rule. NYLS collected 86 pints of much needed blood that semester. We understand that the guidelines set by the FDA are very broad and therefore discriminatory, but the activity itself is not. Anyone can and should participate in the drive by lending a hand in preparation and execution. The actual donation of blood is curtailed because at this moment in time this is the best way we know to contror the cleanliness of blood. Also, the blood centers do not need blood that cannot be donated, therefore it is not reasonable to draw blood that cannot be transfused. A second blood drive was scheduled for this semester, but it will not occur. A NYLS student fought the blood drive on the grounds that it discriminates .against homosexuals and therefore violates the school's non-discrimination policy. There were meetings held regularly during the months of February and March try and find a solution. The tie breaker was apparently the threat of litigation- against the school by the NLYS student represented pro bono by the ACLU. The fight ended. Phi Alpha Delta is trying to plan a blood drive off school grounds because now we are not permitted to have one at school, but location is a problem. We would like to see a turn out even better than last year's, but having the drive off campus may present problems for students who are going to classes, working and studying for finals. We will do our best. We are disappointed that the blood drive has been canceled, but cannot stress enough how important donating bl.o od is. Blood saves lives, male lives, female lives, black lives, white lives, young lives, old lives, straight lives and gay lives. ·
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PUFFY'S TAVERN 81 Hudson St.(corner Harrison St.) Lower Manhattan
766-9159
18
New York Law School
Reporter
SBA Budget for Spring '94 Every semester, a portion of our tuition is allocated to student activity fees. These fees comprise the budget of the Student Bar Assocation of New York Law School. Last semester, the budget was $22,500.00. Of this amount, $4,230.01 remains in the account as of 13 April, 1994. The $2,500.00 represents the amount allocated for summer activities. Thus, $1730.01 remains in the account. Below is a table listing the allocation to student organizations by the SBA Budget Committee.
Student Organization Beginning Balance Printing & Postage Barristers Ball Committee Hall Deposit D.J. BLSA Donation for Capoeira Demo Brown v. Bd. catering Brown v. Bd. plaque Regional Convention Mt. Ct. Comp Hotel Dues and Delegate Fees Transportation National Convention Hotel (2 rooms, 4 nights, 2 people) Delegate Fee (175 x 2)
Transportation
Amt.
Balance $22,500.00
$1,500.00 $900.00 $600.00
$150.00 $400.00 $150.00 $420.00 $655.00 $200.00 $340.00 $350.00 $200.00
Environmental Law Society Catering for_club meeting
$50.00
Gaelic Law Society Speaker catering Speaker catering
$70.00 $70.00
Hellenic Law Society Catering club meeting
$26.65
International Law Society Convention $220.00 Registration $313.50 Hotel $192.24 Train ILS/Alumni Luncheon Catering Plaques (2)
$596.50 $100.00
Latino Law Students Association Catering for Club Meeting
$40.00
Legal Association for Women $50.00 Catering for club meeting Breast Cancer Awareness Luncheon $110.00
$21,000.00 $21,000.00 $20,100.00 $19,500.00 $19,500.00 $19,500.00 $19,350.00 $18,950.00 $18,800.00 $18,800.00 $18,380.00 $17,725.00 $17,525.00 $17,525.00 $17,185.00 $16,835.00 $16,635.00 $16,635.00 $16,635.00 $16,585.00 $16,585.00 $16,585.00 $16,515.00 $16,445.00 $16,445.00 $16,445.00 $16,418.35 $16,418.35 $16,418.35 $16,198.35 $15,884.85 $15,692.61 $15,692.61 $15,692.61 $15,096.11 $14,996.11 $14,996.11 $14,996.11 $14,956.11 $14,956.11 $14,956.11 $14,906. 11 $14,796.11
Media Law Project Panel Event Catering Postage for Media Law & Policy National Lawyers Guild Catering for first club meeting Panel Event Catering Mailing People's Law Conference Softball - Virginia Tournament Registration for four teams Hotel/Transportation NVLS CLU
Catering for club meeting Round table catering , Round table travel Public Interest Coalition Grant Auction Reporter Catering for first club meeting SBA
Party 2/24/94 Liquor Licence Wings Soda/Snacks Beer Deposit for coolers D.J. Tip Cups (to be returned) St. Patrick's Happy Hour Beer (1 Keg) Tap (refundable) Food Liquor License Speaker event catering Party 4/21/94 Sports Law Society Panel Discussion - Food
$14,796.11 $14,796.11 $14,496.11 $300.00 $14,096.11 $400.00 $14,096.11 $14,096.11 $14,046.11 $50.00 $13,494.11 $552.00 $13,436.11 $58.00 $12,936.11 $500.00 $12,936.11 $12,936. 11 $12,036.11 $900.00 $11,636.11 $400.00 $11,636.11 $11,636.11 $11,596.11 $40.00 $11,501.11 $95.00 $11, 143.51 $357.60 $11,143.51 $2,500.00 $8,643.51 $7,743.51 $900.00 $7,743.51 $7,743.51 $7,693.51 $50.00 $7,693.51 $7;693.51 $7,693.51 $7,664.51 $29.00 $7,339.51 $325.00 $7,189.51 $150.00 $6,695.01 $494.50 $6,495.01 $200.00 $6,195.01 $300.00 $6,175.01 $20.00 $5,875.01 $300.00 $5,875.01 $5,825.01 $50.00 $5,625.01 $200.00 $5,525.01 $100.00 $5,495.01 $30.00 $5,395.01 $100.00 $1,000.00 $4,395.01 $4,395.01 $4,395.01 $4,230.01 $165.00
Total
$4,230.01
Summer Funds
$2,500.00
Remaining in Account
$1,730.01
The Peacock Syndro01e Commentary by Rhona H. Ramsay '94 New York Law School students beware of the "Peacock Syndrome!" .. " or " .. . at Harvard we.. ." Oust in case we were remiss in checking out It is a condition that afflicts a disturbing number of law students and law . their alma maters in the school catalog), but also the subtle confidenceprofessors. Its usual symptoms are the "peacock walk" and the "I am building message: "don't expect anything great by attending this below better than thou attitude." Those afflicted take on a whole new way of mediocre law school." walking. The chest is pushed to its outer limits, and an air of arrogance is My question is: why are these professors here? Students lucky enough to have escaped the "Peacock Syndrome" assumed. Students with this regrettable affliction, think very little of the conditions in our society. Their main topic of discussion is, what else? can continue to do so by maintaining their awareness of the big picture. THEMSELVES! Law school is not the 'be all' or the 'end all,' and the law degree does not The professors with the "Peacock Syndrome" usually replace the make one better than his or her fellow citizens. Hopefully we will leave "peacock walk" with a punctuated attitude of superiority. Their main here with a greater understanding and appreciation of the world we live objective in the classroom is to put students down. Students unfortunate in, with all its fiends and foes. More importantly, we may leave here enough to be in one of these classes not only get to hear," .. . at Yale we. without the dreaded "Peacock Syndrome." ,,µ.MAY1994 ,, ,. ••.~ -= . . ~ - - .. .. -
New York Law School
Reporter
19
A Last Goodbye Richard M. Nixon (1913 - 1994) For some, his political life reflected the decaying of this country's once great society. For others, he was a hero whose entire life was devoted to serving the public through any elected office which he could hold. Then, there are those whose sentiments about Richard M. Nixon, are best reflected, ironically, through the words of this country's now embattled President: "His resilience and his diligent desire to give something back to this country and to the world, provide a lesson for all of us about maintaining our faith in the future." Never has the life of a political figure gone through so many highs and lows as that of President Nixon. Born in Yorba Linda, California, as the son of a candy store owner in a modest upbringing, Nixon instinctively decided that politics would be the forum which would best suit him. In the early 1950s he arrived in Washington as one of the Republican's brightest and most combative figures. As a Vice-Presidential candidate on the Eisenhower ticket Nixon averted political doomsday by delivering his famous "Checkers" speech in which he vehemently denied accepting funds from wealthy businessmen, but winsomely conceded that his dog Checkers was the only gift he ever accepted. After becoming one of this country's most active Vice-Presidents, Nixon stumbled and lost one of this country's narrowest Presidential elections against John F. Kennedy. Nixon's resilience elevated him to that office only eight years later. Typical in Nixon's life, his peak was quickly followed by another valley.
Watergate felled Nixon and his presidency, ruinirig his· credibility and costing him the admiration of even his closest friends. "Only when you have been in the depths can you appreciate the heights," Nixon wrote. As his career wound down, Nixon appreciated the few who stuck by him and admonished others who abandoned him during times of crisis. His searing experiences and battles in the political arena made him suspicious of those with whom he had daily contact. Former Secretary of State Henry A. Kissinger wrote that Nixon had no close friends and added: "Fearful of rejection, he constructed his relationships so that a rebuff, if it came, would seem to have originated with him. Fiercely proud, he could neither admit his emotional dependence on approbation nor transcend it." No man, other than Nixon, has ever resigned the Presidency of the United States. Despite such a humiliating .experience, Nixon bounced back again to gain the admiration and respect of the five presidents who have held office since then. Their reliance on his foreign policy counsel are an acknowledgment of the great skill and knowledge which Nixon possessed. His service to his country continued even after his country abandoned him. His resilience and courage to fight until the finish will forever be etched in American History and his spirit and compassion will forever be reflected by his words: "Always remember, others may hate you, but those who hate you don't win unless you hate them." Peter Moulinos '94
News From The Library Law student password access to Westlaw and Lexis is limited to the career and placement databases during the summer. Limited access begins May 17th, the last day of exams. Extensions are available for those students who meet certain criteria. Both systems allow complete summer access for students: enrolled in summer school, member of a journal staff, doing a research project for a professor or participating in moot court. Extensions must be applied for. Westlaw applications are available in the first floor computer room and the Westlawroom. Lexishas an online form located in the CAREER library. Complete and return the forms as soon as possible to avoid interruption in service. If you have any questions, stop by reference or call Kate McLeod at X385.
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While few in number, some lawyers fail, their profession by misusing client funds. And the damage they inflict upon the profession's good name is highly disproportionate to their numbers. ■ In New York State, the Lawyers' Fund for Client Protection was established to protect the integrity of our · profession - and our clients. ■ It's a reimbursement pro- . gram financed by New York's 130,000 plus lawyers, not tax dollars. Since 19.82, close to $40 million has been restored to eligible clients. And most clients receive full reimbursement - up to $100,000 per loss. No other profession does anything comparable. ■ The lawyers of the Empire State want you to be proud of the profession.you've chosen.
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·
The Lawyers' Fund for Client Protection of the State of New York Fifty-Five Elk Street, Albany, New York 12210 ■ (518) 474~8438 (Toll-fr~e NYS 1-800-442-FUND)
BARIBRI NEW YORK SUMMER 1994 WCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED)
ALBANY ANN ARBOR, MI ATLANTA,GA BERKELEY, CA BOSTON,MA BRIDGEPORT, CT BROOKLYN BUFFALO CAMBRDIGE, MA CHARLOTTESVILLE, VA CHICAGO,IL l)HYDEPARK 2) GOLD COAST DURHAM,NC HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN l)DOWNTOWN 2)MIDTOWN ~
;::;,
3)UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH COUNTY, NJ MONTREAL, CAN; NEWARK,NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON,MA PALO ALTO, CA PHILADELPHIA, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2)JAMAICA ROCHESTER ROCKLAND COUNTY SO. ROYALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HUNTINGTON 2) SOUTHAMPTON SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS WILLIAMSBURG, VA
Albany Law School YMCA- 350 South Fifth Avenue TENTATIVE - Georgia State Univ Law School TENTATIVE- UC Berkeley- Boalt Hall Boston University School of Law Bridgeport Holiday Inn - 1070 Main Street Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Univ. of Virginia School of Law
9AM/1:30PM/6PM 9:30AM 1:30PM 1:30PM 9:30AM/6PM 10AM 9:30AM/1:45PM/6PM 9:30AM/1:45PM/6PM 9:30AM 9AM
Univ. of Chicago Law School Northwestern Law School Duke Univ. School of Law Univ. of Hartford Hofstra Univ. School of Law Cornell Law School BAR/BRI Office - 3280 Motor Avenue
9:30AM 9:30AM 9:30AM 9:30AM 9:30AM/1:45PM/6PM 930AM 1:30PM
NYU Law School A - Town Hall - 43rd St. (bet. 6th Ave. & B'Way) B - BAR/BRI Lecture Hall -1500 B'way (at 43rd) Columbia Law School Whitehall Club -17 Battery Place BAR/BRI Office Holiday Inn - 700 Hope Road - Tinton Falls McGill Univ. Rutgers Univ. Law School Colony Inn -1157 Chapel Street Tulane Law School Boston College Law School TENTATIVE - Stanford Law School Sheraton Univ. City - 36th & Chestnut Vassar College
9:30AM/1:45PM 9:30AM (LIVE) . 6PM 9:30AM/1:45PM 6PM 9AM 2PM 9AM 10AM/6PM 9!3_0 AM 9:30AM 9:30AM 1:30PM 9:30AM 9:30AM
CUNY Law School St. John's Univ. Law School Days Inn Downtown- 384 East Avenue Nanuet Sheraton - Rose Rd. & Rt. 59 Vermont Law School WNEC School of Law Wagner College
10AM 10AM/2PM/6PM 9:30AM 9:30AM 9:30AM 9:30AM 9:30AM
Touro College of Law Southampton Inn - 91 Hill Street Syracuse Univ. College of Law TENTATIVE Georgetown Univ. Law Center GW Law School Pace Univ. William & Mary Law School
10AM/6PM 9:30AM 9:30AM/6PM
UVE LOCATION BEGINS - MAY 19TH TAPE LOCATIONS BEGIN -MAY 25TH
&4llllEVIEW
9AM 6PM 9:30AM/6PM 1PM
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