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The L, vol. 2, no. 1, September 2000

Page 1

Vol.2, No.1

School Gives Reasons for Tuition Increase New policy: 1 L's pay more Susan L. Harper Editor-in-Chief When third-year day student Robert Lorch opened his tuition bill this past summer and noticed the $1,374 increase he "was disappointed, but not surprised." "It has happened every year," Lorch shared with the L. While it is no secret that NYLS's tuition increased this year, the question on everyone's mind, however, is why? "The increase has two reasons," says Fred DeJohn, Associate Dean for Finance and Administration. "First, there are increases in costs across the board. The second has to do with NYLS's attrition rate." "Increases across the board," says DeJohn, includes increases in "salaries, cost of computerization, up keep of physical plant, postage and supplies," among other things. As a general rule, DeJohn shares that "NYLS upgrades their computers every three years to keep pace with technology changes." This year, for example, computers in the Student Center and in kiosks were replaced. "Attrition," or non-retention of students, DeJohn says, "brings down revenue." After the first year, the number of ~tu~ents iii a given class usually decreasthereby decreasing the revenue. The reasQns students may no longer attend

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· ·'The reasons range from health, fi~~. geography, transferring to a new school and realization that one may not fiM,i to go into law," shares DeJohn. "Additionally, because the School does not have a lot of students transferring in, the school has to compensate for the loss in revenue when a student leaves NYLS." Continued on page 2

FEATURES Flying Law Student •••••• 3 Guide to Success :•••..••• 6 e-Fraud ••••••..•••••• ; ••••.•••••• 7 EDITORIALS ..••••• : •••••••••• 4 .A&E Back to the Bars .•..•.... 1 o Brewing on Ave A 11 Movie Reviews ...........• 11


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the l

Not to toot our own horns, but... The L won third prize, for Best Feature Article in a law school newspaper at the American Bar Association Law Student Division Awards. The article, "Your Money and How It's Spent" by Susan Harper and David Resnick, which ran last semester in the March/ April 2000 issue,

focused on the SBA's handling of student funds. The L placed among the Harvard Law Record and NYU Law's The Commentator, which came in first and second place respectively. The Awards took place on July 7 during the ABA's Annual Convention.

September 2000

The 25th Charles W. Froessel Moot Court Competition Best Oralist (Winner) Frank Valverde Finalists Peter Buscemi Mara Levy

Paul Kemnitzer Frank Valverde

Best Preliminary Round Oralist David Tomlin

Best Brief and Best Team Rebecca Ulisse and Frank Valverde

Candidates for the 2000-2001 Moot Court Association

David Resnick, Eddie Westfield and Susan Harper.

Andrew M. Ayers Craig I. Battle· Peter Buscemi Bejo C. Chako Lisa Declemente Patricia B. DeCola Lourdes DeRojas Justin Fossbender Crystal Frazier Anna Genet Michael G. Gervasi Souren lsraelyan Paul Kemnitzer Kelly Lerner Mara Levy Jessica-Deanna Lupo Maria Mauro

Matthew J. McGowan Alina Moffat Janice Purvis William Quackenboss Jodi Quinterno Sherie Rosenberg Frank Schirripa Michael Schneider Amy Schwartzwald Dan Simonetti Kimberly Sparagna Raju Sundaran David Tomlin Rebecca Ulisse Frank A. Valverde AlifyaVasi Eric Weissman

For more information, call 212-431-2175.

Tuition

NYLS raises money through other traditional methods, including Continued from previous page Alumni donations, foundation An even greater challenge grants and interest generated from facing NYLS is its heavy reliance endowments. NYLS currently has on tuition. a $36 million dollar endowment, "This is a heavily tuition which generates about $1.6 mildependent school," says DeJohn. lion dollars in revenue contributNinety percent (90%) ofNYLS's ed to the school's annual budget. operating revenue is derived from "Most schools," says Detuition dollars. Richard Matasar, John, "can get about 5% revenue the newly appointed Dean and from their investment pool." I President ofNYLS is working on Dean Matasar, also shared that tljie new and alternative sources of School's endowment is within the revenues to keep tuition in place. top 30-40% oflaw schools nationIn a recent interview with wide and outperforms the Stanthe L, Dean Matasar shared some · dard & Poors Index. of the new ideas for alternative Increasing alumni giving, revenue. Plans are in the works however, seems to be another for developing continuing educachallenge. DeJohn says, "Alumtion courses for business people · ni contribute in high numbers, but who want to understand the law. their dollar contribution per capiOther ideas include distance ta is not high." DeJohn pointed learning courses and focusing out, though, that there are schools . ~ore on the School's unique who have very large endowments .. sbingths such as civil rights law. and strong alumni support, yet · '· · · '.'Increasing the class sizes still increase their tuition annualto Increase revenue is not an op- ly. This seems to imply that even tion," says Matasar, ·"Smaller if a school is healthy financially, class sizes are better for the students may still be paying high School." tuition. Besides tuition revenue, Some current students do

not seem to be disturbed by the tuition increase. Third year evening student Joseph Miller, says "No, I was not upset. The other law schools do not charge that much more. We need all of the resources we can get."

2000-2001 Academic Catalog or on the School's official web site. The difference was subtly suggested, however, in a June 7, 2000 letter to current NYLS students announcing the increase in tuition written by former Dean Wellington and then Dean-Designate Matasar, It was also subtly sugTwo Tuition Tiers: gested on NYLS's Tuition PayFirst-Years Pay More ment Policy Sheet which current students received with their Fall According to numbers pro- 2000 invoice statement. vided to the L from the Office of It seems the only way a stuFinance and Administration, last dent would have been aware of year, a full time NYLS day stu- this new two tier tuition policy, is dent paid $22,900, and a part-time if he or she accessed the Student student paid $17, 178 This year, Handbook on NYLS's private infor continuing students (2Ls, 3Ls, ternal intranet site. Incoming stu4Ls), the annual tuition increased dents, though, do not usually have by 6% to $24,274 for full time access to this site until they. are students, and $18,210 for part enrolled. time students. . When the L asked why inNew students (lLs), this coming students are paying l % year, however, paid slightly more. more, DeJohn responded ""We lL's paid $24,503 for full time are trying to keep costs down and tuition, and $ l 8j8Q for part time charge returning 'students .less. tuition or a 7% increase from last This is first year we are doing this. year's tuition bill. · we are experimenting with this The l % difference in tuition idea to make it less painful [finanfor lLs versus continuing stu- cially] for the people already here. dents was not noted in the NYLS New students can make the deci-

sion when deciding to come to the school, whereas a continuing student can not. Next year, the 2L's will pay less than the lLs." First year student, Sophia Piliouras, was surprised and a bit angry to hear that she was paying a 1 % higher tuition (about $25(•) than current students. 'This is the sanie dollar amount of the work study stipend, the costs of my books or even my utilities bills for the entire year," says Piliouras. "Unless, we are getting additional services, there is no justification. Even if it is for the advance week seminar, I don't see the justification. All schools have some form of orientation and new students are not penalized." . Upon considering the brand new "get it up front" two tier tuition strategy, the important question the L was unable to determine is if tuition incr~Qses next year, which iµition.(tftat'6i the current students or ii, ing students) will the 'calcui~ti6n be based upon? F~r students, this question remains to be answered.

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September 2000

the l

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Dean Matasar: On a Mission for NYLS Eddie Westfield Founding Editor Rick Matasar has plans for NYLS. Matasar, who took the helm as our 151h President and Dean in July, is setting a brisk pace for everyone to follow. He aims to help the NYLS community redefine the mission and solidify the long-range purpose of the Law School. Recently, the L sat down with Dean Matasar to find out more on his plans for NYLS and how they will. impact the students and other members of the community in the future. Specifically, students wonder what this new Dean will do for them. "It's not so much what I can do," says Dean Matasar about his role. "It's what we can do for each other and for the law school." On top of Dean Matasar's desk sits a molded figurine of Daffy Duck standing eagerly behind a desk topped with stacks of cartoon cash. Below this desk-atop-adesk is a banner that reads "BIGGERBETTER FASTER CHEAPER." Does this plastic vignette serve as an indication of his plans for implementation of the goals set forth? "A dean set forth ideas and makes suggestions, but turning ideas into a reality depends on all of us," the Dean explains. "It is my role as a facilitator to come up with good ideas for this school." Dean Matasar first points out that NYLS must first look at our strengths, before pointing out any weaknesses. Some students still have their doubts. "Dean Matasar says he wants to bring about change and improve this school's reputation," ponders one skeptical student who wished to remain uniden-

Dean Matasar at his desk

tified. "But isn't that what all deans says donation," he shares. "Fundraising starts when they start out? I wonder if he means with the students. We must take good care of them while they are here. If we treat you what he says." Other students seem more optimis- well, you will want to become valued contributors." tic of Dean Matasar's tenure here. For now, "we have to tap out the do"I believe that under the dynamic leadership and guidance of Dean Matasar," . nor that exists in every alum. Remind them states third-year day student Marcus Cole- of why they came here and what they still man, "this School will make major strides can do." He continues, ''It is about selling joining schools already at the pinnacle of ourselves to them, not about selling them on the school." legal education." Dean Matasar wants to make NYLS Matasar, whose fundraising abilities made him an attractive candidate for Dean, a place more future lawyers want to attend. feels that good fundraising is directly cor- He is looking into reinforcing programs related to the treatment of current students. already in place and creating new programs "I've always said that we are one rich of study as well. He describes a new series alum away from a multi-million dollar of classes and seminars targeted to non-

lawyers-doctors, business people, etc.as taught by our faculty. ''We are an urban law ceriter and a hub for public service law," Dean Matasar states. "We have to draw upon members of our faculty who are specialists in such areas as civil and human rights, immigration, and governmental relations." He believes that capitalizing on these specialties will help reinforce the School's identity throughout the greater legal community. The Dean also wants to use the Internet to market NYLS. He states that the revenue stream from new ventures could alleviate the rising costs and allow NYLS to accept fewer students than it has in the past. "We can't change our reputation overnight!" he admits. "Like every school in the World, we could always be better." The Dean believes that New York City is a great place to do what he is doing- attempting improve legal education. "I don't understand people's misconception of New Yorkers," he shares. "The people here are very friendly-muchmore friendly and helpful than people in Middle America or the South." Finally, Dean Matasar wants to remind students that he has an open door policy with students. Any student wishing to meet with him to discuss anything may call his office to schedule an appointment. Students may also send any questions or comments to deardean@nyls.edu. The Dean tells us that he will be happy to share with any student his plans for NYLS. "My mission is for us to have a lot of fun while we improve the reputation of New York Law School," the Dean says in closing. Students sure hope he can deliver.

Personal Focus

The High-Flying Law¡student Joanne Olson Features Editor Some might joke that law students' heads are up in the clouds. Andrew Baffi, on the other hand, is actually up there. Baffi, a second-year parttime day student, is also a fulltime pilot for Trans World Airlines (TWA). Andrew starts his days at 4:30 AM, when he leaves . hishome in upstate New York and drives to either LaGuardia or Ke~nedy Airports in Queens. Once there, Andrew boards his M.P~O aircraft and takes off to Florida or the Caribbean. : After safely seeing his passengers off, he waits for the plane to be reloaded, and makes the return flight to New York on the

same day, arriving back home in the early evening. That might seem like an easy job for a pilot, but Andrew is also taking 13 credits this semester. The part time day program here at New York Law School allows him to work around his hectic schedule. Luckily, Andrew only flies about 15 days a month. He does his studying on his days off, and between classes. No reading while in-flight for this student. On school days, he stays with his parents in Flushing so that he doesn't have the long commute to his home. His wife Angela, who is a social worker in Newburgh, is very supportive of her husband's aspirations. Andrew didn't always plan to be a lawyer. He shared with the

His advice to all the other L that he originally wanted to be a rock star. When he started students juggling jobs, families Queens College, he majored in and school is "Don't take your music and was in a band until 1991. He quickly realized that musicjust wasn't paying the bills. In 1991 he became a pilot. Baffi learned to fly at Republic Airport in Farmingdale, NY, and flew advertising banners over the Long Island beaches. 1WA hired him as a pilot in 1996. He is currently the co-chairman for the 1WA Pilots Association Retirement & Insurance Committees, representing the interests of approximately 2,500 pilots. Al¡ though active in his union, there are no political aspirations for this future attorney. Instead, Andrew would like to concentrate on estate planning when he graduates. Student and Pilot: Andrew Baffi New York Law School

eyes off your goals." There seems to be only clear skies ahead for Andrew.

I l

1


Editorial Guts, Passion and Independence Welcome to a new year at NYLS. For first time readers, the L is the independent student voice at NYLS. How independent are we? Most, if not all, of our articles are written and edited by hard working and committed NYLS students. From time to time we also try to sneak in a few special contributions authored by professors, staff or alumni. The outstanding layout and design of this publication, including most of our photos, are also creations of students. Finally, with the exception of the small basement office space, limited telephone use and nominal supplies, the L receives zero funding from NYLS or the Student Bar Association. We cover all of our major expenses, including computer equipment and related printing expenses, via advertising revenue-which again, is initiated, handled and managed by students only. We are extremely proud to say that because we are not

financially dependent on any group or individual at this school, we can bring objective reports as we see it. Finally, a quality newspaper could never come to fruition without an outstanding editorial board managing each of its' divisions and committed writers. This year's editorial board and writers are certainly no exception . All of these individuals have one thing in common: commitment to excellence, a passion for our publication and its purpose, and without a doubt, guts. We highly encourage all NYLS students and members of the community to submit articles and short opinion pieces per our guidelines for publication. In this next year, we look forward to bringing to our readers more award winning investigative pieces, unique features, and expanded A&E coverage. We welcome your comments and contributions.

.

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Editor-in-Chief Managing Editor Features Editor News Editor Copy Editor Copy Editor

:

Susan L. Harper Louis J. Russo Ill Joanne Olson Ed Maggio Cecilia Blackburn Julie Goldenberg

Contributors Jenna Anderson, Chris Ross

Founding Editors David F. Resnick Susan L. Harper

B.Cohen Eddie Westfield Jr.

Printed at lnetant Newepaper Long Island City, NY

Are You Involved? Louis J. Russo Ill Managing Editor Let's give a nice New York Law School welcome to all the new incoming students, and all of the new faculty that have joined our ranks. I personally would like to welcome Dean Matasar to our school because I know he will make every effort to bring NYLS back towards the elite. In this shortened September issue, I would like to invite all students to contribute to our future publications. The "Letters to the L" section, which will begin again next month, is your section. Use it to speak'up and give your opinions,

All Design, Layout, Artworl< and Digital Manipulation by Eddie Weetfield, Jr.

yell, or share a few laughs for all to enjoy. Currently, we are also actively recruiting proofreaders, news and feature writers. If you are interested in participating with the L, contact me directly or the editor in charge of section you are interested in writing for. Finally, my hope for this publication is that it will continue to grow after my time here has come and gone. Remember this publication will only last as long as the students allow. A small handful of students started it and truly continue to keep it afloat. Without your important participation, after these individuals move on, so will the paper too. Get involved. -

Why Am I Still Doing This?! It's 10 PM on a Monday night. I'm missing the Jets game. I haven't opened a book yet. Summer session and the Moot Court competition destroyed my summer. I've been going non-stop since January. I'm in this office laying out this paper you are reading. The computer crashed again! We are almost at deadline! I want to go home! ! What the hell am I still doing here?!! ... And then I remember the reason why: I love it! Starting-up, heading, and putting together this student newspaper is one of the most grueling, exiting and rewarding feats I've accomplished to date. Like many third-and-fourth-years, I got my reasons to bitch and moan. Heck, I just want to graduate already. I do JjQt loo.k _ ft'Qwaro to the nor do I have a job lined up. to boot. µlat's most of QS, And just like you, I also have ~iis tQ be grateful. I look forward to what Dean Matasar has to offer. I revel in the fact that, for us, it is almost 'over. And personally, I am very thankful to be a part of 'this

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I'm not trying pat myself or anyone else on the back. I put forth this experience as an example of something to be thankful for. Think of one thing that you have already accomplished. Whatever it is, be proud that you have done so. It will make this struggle of ours worthwhile. In all this, I must not forget to thank Susan. Not only is she keeping this paper going, she has brought it to another level. We are more professional and organized outfit than ever before. When Mr. Cohen and I started this, we never thought it would take off this far. Yet we still have miles to go, For me, I will continue to put this together for the gang until I graduate. It's nice to see one's handiwork end up in everyone else's hands, _ - . __ - For the rest of you, stay strong. It's alright to be frustrated and angry sometimes. Lawschool is not an easy challenge. Yet do riot forget what you already have accomplished, Nothing can take thataway, . Tiiat is why I still here.

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,.:.....U.e L at New York Law School. New York law School

The L is the voice of the New York Law School community, We keep the community informed of relevant school news and events and provide a forum for students, alumni, faculty, staff and other members of the NYLS community to express their views and opinions. The L also features content dealing with legal issues and other topics of interest to members of the NYLS community. The L is independently published by its stu' dent members and is released every month while school is in session. Contributions from students, faculty, alumni, staff, and ail members of the NYLS community are always welcome. The views expressed herein are not necessarily those of the L, any of its editors or staff members, or the students, faculty, or staff of New York Law School. Advertising rates are available upon request. Subscriptions are available at a rate of $12 per year. All submissions should be on disk with a hard copy attached and either mailed or placed in our submissions' box in front of our office, room L2 in the lower level of the NYLS student center. Ail submissions are due by 5 pm on the Thursday two weeks prior to the release date. Please include your name; telephone number, and email address with your submission. -- · Please address ail submissions, letters, and other correspondence to: Editor-in-Chief _the Lat New York Law School 4 7 Worth Street, room L2 - . . New York, NY 10013-2960. . ·--... ,,,··:'.·::-,.,_.· Phone .. (?12)431-2899 Ext. 4202

Fax' ...... (212)965:-~M.1 Email .•. LOnyls.eclu

--

· -- ·


September 2000

the l

page 5

Ambitious law students go beyondthe law to gain competitive edge. ¡ The law never exists in a vacuum. That's why successful law students and attorneys go beyond legal research to learn as much as possible about the people, places and things involved in legal matters. In Westnews" you can find news and background information about virtually any person, company or issue. The extra information you find in Westnews gives you the extra edge in writing assignments, classroom discussion, law review articles, moot court competitions and job searching-and throughout your legal career.

"What is the starting salary of a surruner associate?"

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To search in \t\lestnews, just click "Westnews" in the Westlaw"' Directory. For general or technical questions, or for search assistance with Westnews, call 1-800-850-WEST ( 1-800-850-9378 ). Or e-mail student@westgroup.com

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page 6

the L

September 2000

The L's 3 Month Plan Towards Finals Success

MONTH 1 : September Success Advice from Upperclass Students to the First- Years Welcome to law school. If you are a first year, let us stress to you early on that the name of the game for IL's is grades, period. If you desire to work in a large law firm (the type that pays the $100K plus salary) everything comes down to grades. If you work hard and smart and "grade on" to Law Review or the Journals, this will probably open doors for you in the future. High-paying law firms seek primarily to hire individuals with this particular credential. Unlike college, where you can cruise by studying a couple of days before an exam, law school takes daily preparation. All lLs must take required courses. Required course grades are determined by a SINGLE closed book final exam. Read on below for helpful hints to begin preparing for finals.

The L's 3 Month Plan Towards Finals Success is based on information gath-

Brief the Cases

Don't Miss Class

Briefing is like creating a mini-outline of each case you read. A brief contains the following: 1) Title of the Case, Year decided, and the Court. 2) Procedural History (i.e. what happened in the courts below that led to this court case you are reading.) 3) Facts of the Case (This is the who, what, when, where, why, and how of the case.) 4) Issue-What is at issue in the case? You can usually find this by looking for the word ''whether." 5) Holding of the Case-What did the court hold? Do they agree with the person bringing forth the case? Or do they dis-

Lastly, GO TO CLASS. Law school is too competitive and frankly too costly of an investment not to take full advantage of it. Remember, people will depend on you as their attorney in the future. Frankly, there is no one in the school who can afford to mess up, because they happen to miss a class.

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6) Reasoning-Why did the court hold this? Did the court below interpret the law or facts correctly or incorrectly? 7) Rules used-what are the major precedents or statutes the court is relying on to give credence to their holding and reasoning. Get the Syllabus 8) Dissent-The dissent's opinion is Each professors provides you with a · not binding. However, you should always read it to make yourself aware of the other course syllabus on the first day of class. side's arguments. Make a copy of this and use it to begin If time permits, type out your brief. building your course outline. Look at the page number assigned 01,1 your syllabus and Come finals, you will have much of the information already organized so that you then look at the name of the corresponding chapter heading and sub-headings care- need only plug in your course notes. If fully. Write the name of the chapter heading however, time does not permit typing, write or sub-heading in your notebook and on out your brief neatly. You can also speed up this process by bringing a laptop to your brief. With the exception of additional articles your professor may hand out in class. Many of the classrooms are computer class, your final will most likely just cover accessible. the materials on your syllabus. When you have completed a chapter's material, make a notation that that subject matter ends. Du- Listen Attentively Your professor will review the cases plicate this procedure for each new chapthat you read and briefed for homework, ~,r heading. in class. Many times your professor will point out a certain passage or mention that A.~ad tbe As.signments this is a very _important case for you to • · · Reading means several things in law know. The bells should be ringing in your school. First, it means reading the assign- head when you hear this! Highlight the · ment before class. Most professors assign passage the professor points out and make on average 3-6 cases, depending on the a note that this is an important case.This is complexity of the topic. It is hard to tell an usually an indication that you should know individual how much time they should al- this case or passage for your final. Further, if you have any questions lot for study. It has been said that you should study three hours for every one that are not answered in class, go to the professor IMMEDIATELY and get clarificredit. Reading also means reading EVERY cation. This point is stressed by many Law word carefully in the case or statute, in- Review members. Many times the course j::lµding footnotes. You must also look up work builds upon the last class. If you do WQrds you po not know in Black's Law not understand the materialfrom the last· or WebstersDictionary. If this class, you may not understand the future· tlni~ consuming-e-it .is. However, lessons. Thus, clear up areas of confusion i~ i~ the only way you will gain precision . early on. . . Next, do the problems assigned in futureattorney. t': , ' •. . class. Many times, these problems show up in a similar format on your final. . . . =" ,.t,. ered from successful "A" students. It is written by students for students to help you create the best strategy towards gaining law school success.

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More Tips... Post Class Review: After each class, review your class notes. This will reinforce what you have just learned. Again, if you did not understand the materials discussed in class, go to the professor and get clarification, immediately. Study Buddy: Many people form a study group or find a study buddy to work with. Others may prefer to work on their own. You should do whatever you feel comfortable with. In study groups, everyone should come prepared to discuss the

cases, holdings, problems, and so forth. If you find that your time is being wasted on chit chat, pull out of the group and find another group to study with. Outlines: Each weekend, if possible, begin creating your outline. If you do this now, you will not be overwhelmed come finals. Using your syllabus, along with your brief, class notes, and any problems you completed in class, begin creating an outline. Additional Study Aids: For hints on how to write briefs or clarifications on the law, you can obtain commercial outlines in the Barnes & Noble Bookstore located in the basement. Use these to reinforce your studies, only. Don't rely on these to get you through law school. The best education you can give to yourself is to understand how to read the cases on your own. When you are out in the "real" world, there will be no study guides. Therefore, try to utilize some, if not all, of the hints above and use commerical study aids for reference only. Next month: more of the L's 3 Month

Plan TowardsFinals Success.

NYLS/Bar 2001 BAR FAQ's STRAIGHT TALK ABOUT THE BAR EXAM

by Prof. Joseph L. Mari110 _

Did you know that getting one extra essay point can tie worth more than getting three MBE questions correct? Do you know the best strategy for guessing on the.tvfBE? Should you take two bar exams this summed .,

Plan now to attend one of these sessions: September 25 September 26 October 2 October 5

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New York law School

l-2PM 5:15-6PM 7:40 - 8:45PM . 1~2PM

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The Sinkhole

Isn't It Nice? Louis J. Russo Ill Managing Editor

Isn't it nice? A brand new year, and for some a brand new start. The school has a brand new Dean/President and two Associate Deans. I think it would only be fair to allow them time to settle in and try to rebuild the damage done from the previous administration before I begin my insightful critiques. Recently, I had to go for a routine eye examination which gave me an oppor. tunity for a reality check and made me realize the challenges these new NYLS leaders face. During my conversation with the ophthalmologist she asked what Law School I went to. Quickly I responded, "New York Law School." Just as quickly she replied, "Oh, that's not a very good school...is it?" I was floored. After I composed myself, I pushed the eye machine towards her and went on my way. So trust me, I am not the only person who feels cheated that New York Law School is not doing what it should after 100 years of existence. I hope everyone has taken the time to stroll around the library and see the new monitors used for the schools online catalog. So let me understand something. My tuition goes up about six percent and the library gets FLAT screen monitors? I agree that the library needed new monitors (the

black and white ones weren't cutting it anymore), but is a flat screen monitor really necessary? Currently, a Gateway flat screen monitor sells for about $930. upwards to $1, 730. for nicer screens. The money should have been allocated, however, to a better scanner. How many times am I going to pull up a reading assignment or a final grade and find that the picture is blurry. Last year, we discussed the schools pathetic curve, the poor use of teacher reviews, and the prior administrations unfair procedures for enrolling students in the course Principles of Legal Analysis. I think the new administration is poised and ready · to take New York Law School back to a respectable level in the Legal Community. But don't think for a minute that we the students will allow or tuition to rise and our reputation to fall without asking "why?" This year we will look at things like tuition increases, anonymous grading, favoritism and other areas of interest . I hope I will have nothing to complain about and maybe this column will be able to end its run. Until then, let's remember that we are paying customers of our legal education and we should demand only the best when our dollars are being sucked down the NYLS tuition driven sinkhole. BE INFORMED, BE ACTIVE, SPEAK UP.

CvberScope

E-Signatures:

Fraud Made Easy?

It happened to me ... It can happen to you. agreement, or record is signed or affirmed by an electronic signature. On October l, under the Electronic On the surface, E-Sign appears to Signature Act (E-Sign) an electronic sig- alter only a single requirement of a tradinature can be used to create a binding con- tional contract; the requirement that a con~act. -The government asserts its intention tract be on paper, thus, making life a little Jl{id purpose behind E-sign is to encourage easier for consumers and businesses alike." the continued growth of technolo- However, if you think through the broader 'ii}·~oi,:iety. However, critics (including implications of the E-sign Act.. didn't the jiiy~lf) believe that the law may just be government just make it easier for ~ comthe The law reads:. ,·:-.,··~efucie - ... · ·•to foster .- ·: . fraud. . mon criminal to commit fraud in the short · ; . . (a) GENERAL RULE- With respect term? to any contract, agreement, or record· enAs a consumer, I've always felt that tered into or provided in, or affecting, in- the requirement of a contract in writing terstate or foreign commerce, gave me some peace of mind because It notwithstanding any statute, regulation, or meant that the act of attempting fraud other rule of law, the legal effect, validity, would take more then just a minimal efor enforceability of such contract, agree- fort. After all, someone would have to forge ment, or record shall not be deniedmy signature in the end. . ' :·., · .: (1) on· the ground that the contract, That was until the Internet became a arii¥nt, ~·record is not in writing if the part of everyday life. '• eon~t, agreement, or record is an elecAn average individual on the InteruQnic 'record; or ' . . net can now have their. identity stolen by ::: '.· (i)on the ground that the contract, another individual with only a computer, agr~~nt, or record is not signed or is not phone line and a few keystrokes, · . affirmed if. the contract, . , ~ . . . by a signature . . . . · Sounds crazy, right? In fa~i, it is not. Chris Ross

gy

:

use and

I know this all to well because it happened tome. After running into the yearly trouble with my student loan application, I was told by my bank, that I had a negative comment on my credit report and. that they would not service my student loans because of this. The bank claimed that J had "Abused my Bank of America ATM Card," in the state of California and caused my account to be overdrawn. No, I did not beat up the ATM machine while in California. In fact, I have never even been to California. Nor do I have an account with Bank of America. I immediately feared the worst. After a few phone calls, I confirmed thatanindividual bad opened a bank account in his nanie, but with my social security number, and defrauded the bank of funds. With E~sign, that s~~ person. VIP<> stole my identity can now oi)en bank .accounts, lines of 'credit and .brokerage accounts. Iµ the very near they can eventake out amortgage wiihm hours all from the comf orts of their own home. r

.·

·.

!Qtlife;

.

.

•.

Although E-sign doesn't legally take effect until October I", already several financial companies have begun accepting e-signatures. The online brokerage house, E*Trade andthe mutual fund companies; Invesco and Marsico currently allow you toopen an ~-sign account online. · E-sign does have some 'positive implications, though. In ~ -~ingle b~oad_stroke, Essign swep(away' it nµmbe~ _Qf ~haotlc state laws and theiiold'~cliooiapproach to' electronic niecilums'. Howe~~r; i~ same single br~114 stroke they have made it a little easier for ilie ooi:iurion crim~ inal to defraud law-abiding -citl~en in a more serious way. He or she need riot even leave the confines of his or her own home. They never.have to walk iilto' ~bank and speak with a. teller or an aceount manager: . Nor dtj they h:~v.:_eto talk on ttie phone .\\'.,ith a broker or the loan officer/ : .· · . · · . ·. For th~ ~fug I'll. stick with what baS worked for the'iaSt couple of hundred y~s 7-- j>en ~d pa~r plus keep a watch; ful eye on th()~e credit- reports. I suggest you do ihe same! .· '.. '·'

that very· lnaY

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page 8

the L

September 2000

1999-2000 Winners of the Golden "L" Awards Last April, the L held its first Golden "L" Awards. Nominees included sole contributor writers, monthly column writers, proofreaders and editors. Recipients received awards plus nominal gift certificates towards school book purchases. The following is a list of the winners recognized for their outstanding contributions to the L. Column Writing Awards

Best Monthly Column: Lou Russo II (''the Sinkhole") Excellent Monthly Column Award: Christopher Ross ("Cyberscope") Outstanding Creative Column Award: Ed Maggio ("CotTee House Diaries and Liquid Bar Review") EdiJorial Writing Award

Excellence in Monthly Editorial Writing: David Resnick News Writing Awards

Best News Article: Eddie Westfield Jr., "NYLS Names Its New Dean" Ace Community News Article: Mark Demetropoulos, "Controversy Arises Over the Blood Drive" Special Writing Category Awards

Best Human Interest Article: Maria Guerra, ''Stopping the Embargo on C.11ba Starts at the Ballot Box" Best Persuasive Articles: Gerard Strain, "Southern Cross: Let it Fly" & "The Confederate Flag: Burn It!" ia Case For/Case Against Best Critique of an Important Legal Subject Matter: Alison Berger, "In Contempt of the Status Quo" NYLS C"4b Writing Award

Notable Club Contributor: John Kang (Asian-American Law Students Assoc.) Special One-Time Contributors

Special Contributor: Heather Poole, "In Search of Civil Rights Law" Special Contributor: Robert Lorch, "The Life of an International Lawyer'' Organization Awards ·

Outstanding Organizational Member Award: Juli~,9olden!Jerg Outstanding Organizational Member Award: Joanne .Olson Outstanding Organizational ·Member· Award: cecili~. Blackburn Outstanding Organizational Member Award: t{}ii Quin))· · · · Best Newcomer: ~)\iaggio ' · · . Outstanding Leadership: David Resnick Outstanding Leadership: Eddie Westfiel~ Jr. Phenomenal Layout "Guru" Aw~d: Eddie ""1e8tfieldJr.

Good Job Evervone! .

.

New York Law School

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real savin s

Welcome to the New York Law School Bookstore, first-year and returning students!! Congratulations! You've made it this far through your academic career and now have the most exciting challenge ahead of you-earning your degree. Imagine the memories and experiences that are ahead of you! The bookstore wants to be part of them. I realize that you probably won't be discussing the "good old bookstore" at your ten-year reunion. But you will purchase your favorite college sweatshirt at the bookstore. The bumper sticker your parents insisted on putting on the car-you'll buy it here. The favorite book from that fantastic class with the amazing professor-it will have been purchased along with countless others in this very bookstore. A portion of every purchase ' you make at the bookstore goes towards supporting your school. We will be a part of so many of your college memories because we are your resource for the essentials of college living. Because of this special role we play on the campus, the staff and I are 'constantly offering new student-oriented programs and finding better ways to serve our highly unique clientele-)'Du. Take textbooks, for example. Let's be realistic-textbooks are not cheap. But we work with the publishers to get the lowest price possible, and our used textbooks knock 25% off the new text price. Another example of how we work for you is our large selection of academically priced software. We also carry a large selection of reference titles and study guides to assist you with your heavy course load. The bookstore also provides a special ordering service to the campus community for titles or merchandise not currently in stock; if you need that Harry Potter book or John Grisham paperback, we can get for you quickly and conveniently. We look forward to providing you with everything we can during your time at the New York Law School Bookstore. If there is anything my staff or I can do to assist you, please do not hesitate to ask. Remember-this is YOUR bookstore-here to help YOU!

at yourcarnpus bookstore •largest used book selection <no shipping and handling costs

•get your books today no waiting for yaur books to be shipped

•textbook reservations· reserve yaur books on-fine for quick and easy pickup

•easy refunds • cash for your books everyday • personal service, experience and reliability

<support to your school a portion of your purchase goes to yaur school

~~...

Thanks for your time and see you on campus!

"\(:) 'll. LAW SC'#, '\~OlSTOI£ Oo<" ~ 1•rtt Slt111 New York, NY 10013

212/431·2315

Sincerely, Bookstore Manager

...__

Your Bookstore ... Our Experience Really Stacks Up! Phone Number: (212)-431-2315 Fax Number: (212)-965-1260 E-mail: bksnylaw@bncollege.com


uane 10

the L

September 2000

Liquid Bar Review

New to Town? Back to School? Cheap Drinks? Ed Maggio News Editor It's that time of year again, when the summertime fun is coming to an end and free time to do whatever you want disappears. Luckily, drinking with friends is something that is a year-round activity and never gets boring. This time around, I checked out some places that have been requested. Chances are you might have heard or even visited them. For students who are new to the city, I did not forget to mention at the end of the article some of the nearby cheap haunts in town for you to grab a drink. Double

Happiness

173 Mott Street at Broome Street Lately, all the trendy drinking establishments try to keep their locations hidden and this is no exception. What used to be a mob run gay bar in the Chinatown/ Soho area has become one of the most popular candlelit yuppie bars to be at in the evening hours. A well stocked bar and the upscale crowd will please almost any law student. Drinks are not cheap, but then again you come here to impress a date or co-workers, not to drink pitchers of bud. Live music is. a key feature of this place, featuring different drum and base groups

performing during the week. The only drawback to this place is that it can be a little tight. As one bar patron said, "It can feel like a sardine can, and basketball players may not want to be around low ceilings." Still, it is a place worth a visit if you are in the neighborhood to sit at a table and drink a martini with the in-crowd.

Sweet and Wcious 5 Spring Street between Elizabeth Street anq Bowery This is definitely an after work ladies hangout. Groups of well-dressed women invade this Soho bar on weekend afternoons and evenings to hang out and drink. It is low key with an interesting new wave dark bench motif, in a part of town that is very quiet. Yuppie gentlemen quickly follow suit in hopes of picking up a professional woman. Generally, men seem to pay for women's drinks here. Additionally, since the bar's location is kept quiet it allows a safe haven for people to avoid a huge crowd. Though be warned, the crowd I have heard is slowly growing with each passing week. Drink prices are reasonable, and mixed drinks are pretty good. The garden is open if weather permits, which is another peak feature of this place. If you are seeking to drink with a group this place is for you.

One if By Land, Two if By Sea Barrow Street between West 4'h and 7'h Avenue One of NYC's premiere 5 star restaurants and one of the oldest standing houses in the city (it belonged to Aaron Burr at one point) has one of the most comfortable and relaxing bars you can find. With live piano music in the evenings, a roaring fire place, servants with white gloves, and a well stocked wine cellar makes sheer elegance at it's best. Drinks are steep, but this is one of the places you visit when you are dressed up before going to a fancy event. It is nice just to grab a glass of wine or brandy, and sit down and relax. The atmosphere is beautiful, and has a Christmas decoration feel to it. If you can afford dinner here, I would highly suggest spending the money. If not, just grabbing a quick drink before going to a Broadway show will have your date very impressed.

Off the Wagon MacDougal Street between West 41h and Bleecker One of the best selections of beer and drinks and some of the cheapest prices you will find in the city. Decent bar food if you get hungry is available even at late hours. A large open sports bar with TVs, pool ta-

hies, fuzz ball, and darts. A friendly bar staff that does not mind drinking on the job helps add to the fun. In addition to their already cheap happy hour prices, additional daily drink specials also are in effect. If you are here in the early afternoon, you can drink quietly in a wide open spaced bar, but in the evenings expect this place to get packed, especially with the NYU crowd.

Barrow Street Ale House Barrow Street between West 41h and 7'h Avenue To get a break from all the trendy drinking establishments, this is a nice comfortable dive and respectable enough to visit on a date. Thursdays is a packed house for all you can drink beer on tap night, and daily drinking specials or featured events also provide opportunities for a good time. I can't figure out what's with the mounted animal heads that have clothing thrown on them, but who notices them after you have a few? Say hi to the cat that hangs out in the bar. Well that's it for me 'til next time. Any comments, suggestions, requests, you can email L@nyls.edu or directly to me at beerforyouandmetehotmail.com.Here's to a brand new school year.

The Right swer

Welcome Back! -from Brian and Our Staff.

·THE HOME OF$5 PITCHERS!

for the New York Bar Exam -

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Training Schools

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135 Reade Street (Between Hudson & Greenwich) For parties call 212-227-2295. ·

New York law School


The Movie Maven Reviews

What's Hot & What's Not in the Theatres

Got any funny pictures or quotes? Send them to: sidebars The L at New York Law School 4 7 Worth Street, room L2 New York, NY 10013-2960

Jenna Anderson Hey Everybody, it's me, the Movie Maven. Attending law school full-time does not stop me from checking out a new flick every week. So here it is: what to see and what not to see in today's cinema ...

L@nyls.edu

The Cell Starring Jennifer Lopez and Vince Vaughn Directed By Tarsem Singh New Line Cinema

The director of R.E.M. 's "Losing My Religion" video directed this film-and you can tell. Short on acting and plot, but huge on visual effects, this movie is a good Saturday night buddy flick. It's not Jennifer Lopez's strongest performance, but the non-stop barrage of special effects will keep you interested-and sometimes on the edge of your seat. (Guys: check out Jennifer Lopez in some amazing and intriguing costumes).

The L's own Cecilia Blackbum standing in front of a sacred cow in Foley Square

The Replacements

"Ahh••. the atmosphere!" Third-year Craig Battle enjoying a breath of fresh air at Shea Stadium

Starring Keanu Reeves and Gene Hackman Directed by Howard Deutch WamerBros.

Coffee House Diaries

Sipping Coffee on Avenue A vorite bottles of beer and a decent wine here are huge. A regular size cup of coffee selection to prevent you from leaving. The is good enough for two people, or for one mostly East Village crowd dictates that the student who wants to stay up all night. If you are tea fan, they feature a wide variety If you enjoy coffee like me, finding music at the cafe is techno and trance, but of drinks to keep you coming back to the a nice place to read/study and get away nobody seems to mind. Most people come service counter. I can't figure out how an from the world even for a little while is here to read or to get into very heated disemployee doing Tarot card readings on site cussions. If you are non-smoker, I would worth every penny. My recent expedition in the evenings and the alternative music to find new coffee houses has turned up not get a table in the back because all the being played fits into this place, but notwo decent places over on Avenue A for a cigarette smoke can be overwhelming. My body seems to mind. Everyone who visits suggestion is to sit at one of the wooden cup of tea or to have conversation before here is hard at work or reading, even the tables facing the park. You'll feel relaxed heading out on the town. ~O year old lady with purple spiked hair even before you touch your coffee or the . who just stopped by while I reading'. pot of tea you ordered. · · Cafe Pick Me Up you want to see apartment openings, club Avenue A bm 9th-10th Street info, merchandise sales, band info, their Des Moines This coffee shop, opposite Tompkins community wall is huge. Eve~ during my Avenue A and E. 3rd Street Sq1.!8fe Park, is the perfect place to stop in visit more ads were being put up, and peoI would call this place a community during. a date or to hang out with friends ple would come in just to see the wall. A before hitting the club scene. Walking in, coffee shop, because most' people come student can feel very comfortable doing quickly get sucked into the rustic coun- here to relax before going up to their apartwork at this place, with few, distractions. tr)' fumitU{e, vintage decorations, and art- ments or to study away from their roomwork. they feature all your hot drink mates. Potted plants, green ·~ails, and Well that's it for me till next time, f~vori~~. including Chai Tea, Apple Cider, mounted wall lamps make it pleasant 10.: For comments, suggestion's or requests mention their very popular and deli- cation to get some of your work done. This write to L~nyls.edu or directly to me at cious iced drinks. They feature an assort- place is popular for their assortment of beeiforyouandme@hounail.com. Till then ment of cheesecakes and chocolate desserts fresh juices, gourmet bagels and cream enjoy life and drink coffee and tea when in case your sweet tooth acts up. If you are cheeses, and gourmet salads at prices that are very reasonable. I personally would go you can. like me; and you become too tired to walk across the street to the Doc Holliday bar for one of their muffins or the oven baked for a drink, the cafe features all your fa- pizza which are great. The cups of coffee

Ed Maggio News Editor

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Though it lacks the intensity of"Any Given Sunday," and the goofiness of "Necessary Roughness," this football flick has some great laughs and a heartwarming (albeit predictable) story. Keanu Reeves refaxes in his role as an insecure quarterback, and Gene Hackman as his coach makes you want to suit up and play ball. Everyone in the film seems to be _having a great time, and you can't help out cheer for them.

Coyote Ugly Starring Piper Perabo and Maria Bello Directed dy David Mcnally Touchstone Pictures

A major guy-pleaser of a movie: Sexy female bartenders dance and trashtaik in a Manhattan b3r'.: Ifs '.'flashdance" crossed with "Cocktail.'.' The, only redeeming thing about this mqyJe is a great cameo by John Go<X!IIW! as the doting Jersey father.' Otherwise, I'd 'suggest taking the $9.50 and heading· tothe realCoyote Ugly (153 First Avenue between.sth and 10th sn.:~ets) instea( .. , •' - '' -". :. Till next time film fans ... happy movie goingl - _ · -


page 12

the l

September 2000

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