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Vol. 83 No. 4 February 24, 2010

Inside:

Organization News ...............2

Legal News ...........................3

Sports .................................12

Entertainment .....................25

Community News ...............26

Cooley Hosts the 6th Circuit ABA Law Student Division ConferenceTawni Lara, Staff Writer

On Saturday February 13, 2010, Cooley Law School hosted the 6thCircuit American Bar Association Law Student Division Conference. Studentsfrom various law schools including MSU, Rutgers, and Cooley came to participate.The ABA/LSD presented various panels focusing on community leadership skills,diversity in the workforce, and important issues for newly hired attorneys. Thepanels were comprised of successful attorneys, professors, and community leadersincluding Janet Welch, Executive Director of the Michigan Bar, and RepresentativeRick Jones of Michigans 71st district. The panels focused on how to become thebest lawyer you can be.

The Community LeadershipPanel focused on the importance ofbuilding a strong reputation so that youcan be an effective community leader.Ms. Welch said, Because you are alawyer, you are a leader. Attorney A.Seibert added, The way you conductyourselves in your everyday activities willbe incredibly important to how you are viewed in your profession. The panelalso focused on how the media affectscommunity leadership. When asked whatthe single most important piece of advicethey wish they were given, Rep. Jonesand Dean Charles Toy agreed that mediatraining and knowledge is essential. Rep.Jones said, If youre going to be a leader, your behavior may be on the front

page. The panel agreed that in order to be an effective community leader, youmust find a cause that you are passionate about. Professor Hicks added, Find yourpassion, then find a mentor.

The Diversity Panel focused on the importance of equity and fairness inthe workplace. The theme was focusing on understanding culture, not only forclients but for the legal profession as well. Dean Nussbaumer said, As a legal

The Thomas M. Cooley

Lansing Chapter of the Black Law

Students Association sent fourteen

student members and two faculty

advisors to the Midwest RegionalConvention in Minneapolis, MN,

February 17-21, 2001. The members

arrived in Minneapolis, excited and

ready to make a major impression on

the organization by the end of the

weekend everyone was talking about

Thomas M. Cooley Law School in a

very positive way. Several Cooley

BLSA students drove for twelve hours

to Minneapolis and immediately

participated in community service at

an alternative school exhaustion will

never stop BLSA from helping others.

The students reported that this was a

valuable and rewarding experience.

Thanks to the hard work

BLSA Takes Over of the MidwestZeely Stewart, BLSA President, Contributing Writer

and creativity of Sherrill Marshall

(1L BLSA Historian) and Kera

Richardson (2L - BLSA Fundraising

Director); Cooley BLSA had an

impressive showing in the chapter ofthe year competition. Sherrill, Kera,

and Luc El-Art Severe represented

Cooley BLSA in the chapter of the year

interview and the panel members were

highly impressed by these students

and reported that Cooley was within

points of the title, chapter of the year.

Although, Cooley BLSA did not win,

they will continue to host events and

volunteer throughout the community

because activities are important to the

organization.

The Cooley Litigation

Department sponsored two competition

teams, Mock Trial: Marquita Gordy,

Roodgine Rosemberg, Charles

Johnson, and Alecia Jones; Moot

Court: Benaejah Simmons and Dennis

McCloud. Both teams advanced to

the quarter-finals and after a long

fought battle were barely edged out ofthe semi-finals. Benaejah and Dennis

were awarded Best Petitioners Brief

there outstanding legal research

and writing is a testament to the

quality of education students receive

here at Cooley. Please congratulate

these students; they worked tirelessly

for weeks to prepare and they made

Cooley proud.

Zeely Stewart is the Midwest

Director of the Thurgood Marshall

Mock Trial competition; she organized

the competition over the last year by

solicitng attorney-judges from all over

the region. Many commented that the

seamless competition was the best ...Continued on Page 8

profession, we will be judged by our own house. He offered three things that lawstudents can do to achieve a more diverse community: (1) take advantage of yourschools alumni database and contact alum in your hometown; (2) demand thatlaw firms look beyond the elite schools; and (3) get involved in high schoolsand undergraduate programs and inspire students from diverse backgrounds whomight think that becoming a lawyer is impossible. Dr. Vidu Soni added, Justbecause you have a law degree doesnt mean you have diversity competence.Every lawyer and law student must do their part to achieve diversity and culturalcompetency in the legal profession.

The last panel discussed importantissues for newly hired attorneys. The panelfocused on the role that social networkingsites can have in the employment process.They noted that it is not uncommon forprospective employers to Google yourname. While the members of the panelagreed that social networking sites can bebeneficial for marketing purposes, they alsostressed that all attorneys and law studentsshould be careful with the informationthey are putting on the internet. Dean Toysaid, People watch you, they learn fromwhat you do. Attorney Robert W. StockerII added, You are in sales, youre selling

your skills. How you act and the thingsthat you publish on social networking sites can impact your employer and clients

perspective of you.The ABA/LSD also held elections for 2010. The current ABA/LSD governor

for the 6th Circuit is Cooley student MaryEllen Farrell. She will pass the torch toSara Hawkins, also a Cooley student, at the ABA Conference in New Orleans inMarch. The ABA/LSD hosts various events throughout the year, be on the lookoutso that you can take advantage of the great opportunities they offer.

mock trial competition this or any

other region has seen in years. Marla

Butler, partner with Robin, Kaplan,

Miller & Ciresi L.L.P., said, Im highly

impressed by the organization, detail

and professionalism Ive seen in this

ABA converges at Thomas Cooley


2/24

2 The Pillar, February 24, 2010

THE PILLARThomas M. Cooley

Law School

300 S. Capitol, Room 307

Lansing, Michigan 48901

517.371.5140 ext. 4009

[email protected]

Faculty Advisor

Donna J. [email protected]

Editor-in-ChiefCavita Sharma

[email protected]

Managing EditorAgnes Igodan

[email protected]

Features EditorThomas Myers (AH)

[email protected]

Assistant Features EditorChris Duczynski

[email protected]

Sports EditorZakari Kurtz

[email protected]

Advertising ManagerHoma Yahyavi

[email protected]

Design LayoutASAP Printing

Staff WritersTamee BaldwinRyan BallardHeidi Carroll

Emmanuella ColeIeisha Evans

MaryEllen FarrellTravis Hawkes

Christopher Higgins

Shane HobbsMichelle HorvathGabrielle Johnson

Tawni LaraEli Luna

ReeJade MitchellJeffrey Noe

Carter PerryWill ShapiroJessica SuttonJimmy Swinder

Dominique Vieille

Contributing WritersMarla Neufeld

Constantine BenetosJosh Hershberger

Bridgette WhitmoreChristopher ReedKirsten ShumwayShawn Donnelly

Pillar Copyright Policy

All articles published in print and online with a byline are copyrighted propertyof The Pillar. The Pillar reserves exclusiverights for reproduction, both in print andonline. Other reproduction or distributionof copyrighted material without the express written

consent ofThe Pillaris prohibited.

DisclaimerThe views expressed by our staff do not in any way reflect the views of Thomas M. CooleyLaw School or its administration.

Submission RequirementsThe Pillarwelcomes articles and other sub-missions for publication. All submissions mustcontain a signature and contact information.Submissions can be emailed to [email protected], delivered to The PillarOffice Cooley Center 307, or placed in The

Pillarmailbox in the SBA office. The Pillarreserves the right to edit for length along

with the right to make final editorial deci-sions.

LETTER FROM EDITOR

People crushedby laws, haveno hope but toevade power.

If the laws aretheir enemies,they will beenemies to thelaw; and those

who have most to hope andnothing to lose will always bedangerous. - Edmund Burke

It has been two years

since I stepped through the frontdoors of Cooley. The education

I received from the professors,

the experiences Ive shared with

my peers, is irreplaceable andinvaluable. This is my chance to

share with you my thoughts, as

shaped through my experiences.

We have been

indoctrinated from the

beginning that as attorneys we are held to a higher standard.

Our behavior, or the lack of,

can be a weighing factor ingetting our first jobs. The barassociations of our prospective

states will determine if, based

on our character we are fitto practice law. Our professional

standards should not only be

Letter From the EditorChris Duczynski, Staff Writer

governed by a set of rules butby our own internal compasses

that will guide us to professional

growth, personal humility and

self-less philanthropy.

As attorneys, we will

inherit an immense amount of

power. People will entrust theirlives and liberties in exchange

for our loyalty, faith and

competence. Our profession isafforded many privileges but

the amount of professions that

can claim such privileges arefew think doctors and theclergy. With these privileges,

we have an even greater set of

responsibilities. As our timehere draws to an end, keep in

mind that although our paths

may part our will for justice

will not waver.

Keeping honor and

humility in our profession

is directly correlated to ourpassion exuded during our

waking hours. As the old proverbgoes, if we do what we love then well never work a day in our

lives. Everyone we cross paths

with will see right through us if

we spend our days just dealingwith it. If you find a job that is

leaving you jaded, cynical andunsatisfied consider a different

legal career. Follow your passion,

the paycheck will follow. If youare unsure of what your passions

are, talk to attorneys and your

professors, see where their

inspiration came from. If youvefound your passion, write articles

on the topic, research leaders in

the field and remember to reach

out. No one can help you if youdont ask.

You will come acrosspeople that will be hostile

towards attorneys we make too

much money, we free criminals

to roam the streets, life would beeasier without attorneys. What

people do not realize is that we

give a voice to the voiceless.

Activist Gloria Steinem said itbest that law and justice are

not always the same. Without

lawyers, who would check thatlaws are fair and uniformly

enforced?

After we leave, let unot forget where we started.

Together we fought our battles,

term after term. I am happy tocall Cooley my home and my

peers, friends.

The PillarPublication Schedule

for Hilary Term 2010:Issue Submissions Publication Date

5 Week 10 on Mon., Mar. 8 at 5 p.m. Week 11 on Wed., Mar. 17

6 Week 12 on Mon., Mar. 22 at 5 p.m. Week 13 on Wed., Mar. 31

The Pillarwelcomes letters to the editor, article responses,

and student or professor submissions. Please note that submit-

ting an article is not a guarantee that it will be published. Sub-

missions must contain appropriate language and subject matter

for publication. Anonymous submissions absolutely will not be

published.

Lansing Office Hours(Weeks 3-13) CC307

Starting (Week of Jan. 18)

Ending (Week of March 29)

Students may drop off articles oreven stop in just to say hello!We would love to meet you.

Interviews for Managing Editor &Editor-in-Chief are held weeks 8-9,please submit resume and cover

letter to [email protected]

MondayAgnes 12-2 p.m.

TuesdayZak 4 - 6 p.m.

WednesdayChris 4 - 6 p.m

FridayCavita 1-3p.m.


3/24

The Pillar, February 24, 2010 3

LEGAL NEWSThe Call Sam Studio: Brilliant PR or PR Violation?

Michelle Horvath, Staff Writer

As any good Michigander,

one thing that I look forward to comeOctober is the start of the Detroit Red

Wings hockey season. Its a three-hour escape from law school that Ilook forward to every couple daysduring the week. Even though certainlaw school subjects seem to creepup while watching these gamesthetax consequence of a players bonus,the assumption of risk when a puckdeflects into the stands, issues aboutimmigration and work visasit is notoften that a professional responsibility(PR) question arises from watching ahockey gameuntil now.

Many of the games that theRed Wings play in are broadcasted ona television station called Fox SportsDetroit (FSD). In between periodsof the game, like most other sportbroadcasts, FSD analysts dissect thegame and offer commentary from anetwork sound studio. In the case ofthe Red Wings broadcasts, the actionis thrown back to the Call SamStudio. When I first heard of the CallSam Studio, two things went throughmy mind. My first thought was thename of the studio was going to get abit annoying, almost like a continuouscommercial. My second thought was alegal onecould this be a PR violation?

Call Sam is the tagline usedby The Sam Bernstein Law Firm, apersonal-injury law firm. The law firmis well known around the state in partbecause of the legal services that it

provides, but more so because of itscharismatic namesake and the catchyadvertising that the firm has engrainedinto its image. Almost Pavlovian, whenthe name of Sam Bernstein is said,the immediate thought or response is1-888-CALL SAM. 1-888-CALL SAM isnot only the telephone number of thefirm, but is also what all advertisementsand individuals in the advertisementgleefully say after they explain howthey have been helped by Sam. Thenotion of CALL SAM is so connected

with The Sam Bernstein Law Firm

that a Google

search of callsam will listthe firmsofficial websiteas its first hit.

Figuring thatthe only reasonthe studio

was calledthe Call SamStudio wasbecause TheSam BernsteinLaw Firm paid to name the studio inan attempt to advertise its services,I dug out my PR outline to take alook at Model Rule 7.2 (c). The rulestates that [a]ny communicationmade pursuant to this rule [aboutadvertising] shall include the nameand office address of at least onelawyer or law firm responsible for itscontent.1 I figured that, even thoughCall Sam is so closely related to TheSam Bernstein Law Firm, the fact thefull name of the firm was not given,nor the full name of a lawyer for thefirm or office address, would surely beoffensive to the rule.

But then, I remembered thatthis was just the model rule. Lookingto Michigans adopted PR rules, andthe rule pertaining to lawyers andadvertising, I learned that Michigandoes not require that the name of thelawyer even be in the advertisement.2

So I started to look at a few otheradvertising rules that I thought wouldbe applicable, such as the rules aboutsolicitation, unjustified expectations,and references by those not familiar

with the law firms work. However, Ifocused on Michigans PR Rule MRPC7.2(c)(i) which states that [a] lawyershall not give anything of value to aperson for recommending the lawyersservices, except that a lawyer may paythe reasonable cost of advertising orcommunication.3

Figuring that

the namingrights to astudio for aprofessionalsport area bit moree x p e n s i v et h a npurchasing anadvertisementin the YellowPages, on abus, or evenairtime for

a commercial, I contacted FSD toinvestigate the cost of purchasingnaming rights to a studio.

While Marcia Turner, FSDGeneral Sales Manager, could notrelease the specifics of the contractthat created the Call Sam Studio,she was able to provide generalinformation that confirmed my initialhunch. According to Turner, thecost to purchase the naming rightsfor a studio range from $200,000 to$1,000,000 and usually requires amulti-year commitment.4 While theprice for the naming rights couldinclude the right to name anythingfrom a high school state-broadcastedevent to one of Michigans fourprofessional athletic teams officialstudio, it would be a logical assumptionthat the more recognizable the event,and the more frequent the event, themore likely that the naming rights

would fall on the higher end of the

spectrum. With over 80 games in theregular professional Red Wings hockeyseason and a dedicated fan base, it

would then follow that it is likely thatThe Sam Bernstein Law Firm is payingclose to a million dollars per year, ina multi-year contract, for just this oneadvertisement. If that is the case,then I would argue that one milliondollars for a single advertisement must

violate the standard of reasonablenessinherent in MRPC 7.2 (c)(i).

Trying to see if the MichiganBar Association had issued anyadvisory ethics opinions about what

would constitute a breach of thireasonable-cost standard, I found thatthe opinions did not specifically givea dollar amount for what would beconsidered unreasonable.

I attempted to contactThe Sam Bernstein Law Firm for acomment on this article and to ask ifthey thought that their advertisementon FSD violated MRPC 7.2 (c)(i). I

was told by a legal assistant named Edthat the individual that could commenton this, or make any official comment,

was a gentleman named Mark Pickolo,who was currently recuperating fromsurgery, and would be out for a few

weeks.5 While Ed stated that he wasunable on [his] level to help [me]at all, he did state that the firm wasscrupulous in following the rules

when the rules are changed.6

1 Am. Bar Assoc. http://www.abanet.org/cpr/mrpc/rule_7_2.html (last visited Feb.

8, 2010).2 State Bar of Mich. http://www.michbar.org/generalinfo/pdfs/mrpc.pdf (last vis-

ited Feb. 8, 2010).3 Id.4 E-Mail to Marcia Turner, Gen. Sales Manager, Fox Sports Detroit. Jan. 5, 2010.

2:29 p.m.5 Telephone Interview with Rep. from The Sam Bernstein Law Firm. (Jan. 22,

2010).6 Id.

A key component of President

Obamas health-care reform is

requiring that all Americans have

health insurance1 or face a fine.

However, critics argue that the United

States Congress does not have the

constitutional power to enact such a

provision.2 They find that neither the

Commerce Clause, nor the taxing and

spending powers enable Congress to

mandate that individuals own health

insurance.3

Opponents argue that since

Congresss powers are limited by the

Does Congress Have the Power to Mandate Health Insurance for All?Brigette R. Whitmore , Interim Publicity Editor, Thomas M. Cooley Law Review

Constitution and the United States

Supreme Courts interpretation

thereofany attempt of Congress

to utilize the Commerce Clause to

mandate health-care insurance will

fail under a constitutional challenge.4

They argue that those who do not have

health-care insurance are not engaged

in economic activity and, thus, would

be regulated for the mere fact that

they exist.5 These opponents find that

Congress would be forcing people to

engage in economic activity, which is

an unprecedented and inappropriate

use of Commerce Clause power.6

Critics believe that an

insurance mandate passed pursuant

to the Commerce Clause would be

similar to the Gun Free School Zone

law that was struck down by the

Supreme Court.7 In United States v.

Lopez, the Court found that Congresss

powers are inherently limited and that

Congress cannot use the Commerce

Clause to regulate activity that is not

economic in nature.8 Further, the

Court found that Congress does not

have general police power and the

Commerce Clause is not infinitely

expansive.9

Opponents argue that the

practice of medicine is not commercial

in nature, but is for the maintenance of

ones own health.10 For over a century,

states have been regulating the

practice of medicine, and the delivery

of health services rarely crosses state

lines.11 Some Federalists declare that

national health-care reform infringes

on the states sovereignty to deal with

this important issue, and the Tenth

...Continued on Page 8


4/24


CAMPUS NEWSLessons in conversation and self-grooming from the U.S. Court

of Appeals for the D.C. CircuitElizabeth Smokay, Staff Writer

Part of the

reason I chose to

intern in D.C. was

because I wanted

to visit the federal

and local courts

and the government

institutions. Ive

slipped into the

back of a courtroom at the U.S. District

Court on a few occasions for a quick

listen, but dedicating a morning to oral

arguments at the U.S. Court of Appeals

for the District of Columbia was next

on my list. After spending almost two

months at the U.S. District Court, Iwas surprised to discover that the U.S.

Court of Appeals hears oral arguments

on either the third or fifth floor of the

very same courthouse. So, last week I

went to work as usual, but pressed the

button for the fifth floor instead and

entered the courtroom for the Court of

Appeals. Both the court security officer

and the courtroom deputy warned

the visitors to power off all electronic

devices. Three law clerks sat at a desk

on the far right side of the courtroom,

and hovered over their laptop screens,

somewhat obscured by the stacks of

paperwork next to their computers.

Each clerks stack of documents was

different. One clerk had medium-sized

stack of small binders. Another clerk

had a slightly smaller stack of large

three-ringed binders. The tallest stack

belonged to the third clerk, and was

made up of about seven comb-bound

books.

Besides the formidable clerk

and resources table, the courtroom

atmosphere was different from the trial

courtrooms at the district level. The

tension that crackles in the air of atrial courtroom isnt nearly as potent

in an appellate courtroom. There is

also a greater emphasis on tradition

and formalities. The courtroom deputy

called the court to order by calling

Oyez loudly three times before

admonishing all with business before

the court to draw near. However,

regardless of the amount of pomp and

circumstance, the simple principles of

etiquette and consideration apply in

any courtroom.

The interchange between

the judges and the attorneys drove

home the importance of answering

the questions addressed to the

attorney by those wearing theblack robes even if the attorney

does not particularly like the

question. One of the attorneys

refused to answer one of the

judges questions, because it wasnt

helpful to her argument, and each

time she began to make a different

argument instead of answering the

question, the judge stopped her

and politely but firmly repeated

the question. On the fourth re-

iteration of his question, she finally

answered him in a roundabout

way, and again launched into her

argument. Instead of conveying

the image of an effective advocate,she created a long and painful

break in the continuity of her

argument, and wasted almost two

of her ten minutes, forcing her to

continue beyond her time limit in

order to conclude her argument. I

know that this might not always be

the case, but in this instance she

would have been much better off to

answer the first time, and then get

back to her argument.

I also made a mental note

to give my suit a quick glance-over

before entering the courtroom

after I watched an appellate

attorney approach the lectern with

a tissue stuck to the

back of his right leg.

It seems foolish that

something so small

and inconsequential

could distract an

entire courtroom

from the brilliance

of the argument,

but it did. After I

noticed the tissue,

I looked around

me to see who else

saw it, and believe

me, everyone did

including the lawclerks, who I am

almost positive were

IM-ing their judges.

Also after viewing oral

arguments, Im making a concerted

effort when I speak to complete one

thought before I begin another. One

of the attorneys spoke as if she was

reading and editing a written document.

Although one could understand the

general concept and direction in which

the sentence was to progress, she

continually broke off, circled back, and

either corrected, made an additional

point, or tried to take a statement back.

It was extremely frustrating to listen to

this pattern of speech, and it made mepainfully aware of how often I do the

same thing when discussing a project

or issue with the attorneys in the pro se

unit. Now that Ive noticed this problem

in my own speech, I stop myself when

I want to pause mid-sentence and go in

a different direction or provide greater

detail, and force myself to conclude

the sentence so that I do not de-rail my

listener. Although its no consolation

to those attorneys, not that they

need consolation, or maybe its not

even nice to insinuate that they need

consolation, because after all, I would

probably wouldnt do nearly as well as

they, I hope we may all learn from their

mistakes. Oops, I did it again! In all

seriousness, I would encourage you to

take mental stock of your own speech

patterns, and determine if you verbally

edit yourself, or could become more a

more succinct speaker. Because we all

know, brevity is the new eloquence!

The Trylon of Freedom, by Sculptor C. Paul Jennewein

This obelisk-like work of art stands outside

the U.S. District Court for the District

of Columbia and symbolizes the rights

guaranteed by the U.S. Constitution and

the Bill of Rights. The Trylon has three

sides, and the side featured in this photos

depicts the right to trial by jury, freedom

from cruel and unusual punishment, and

freedom from illegal searches and seizures.

See History of the E. Barrett Prettyman

Federal Courthouse, U.S. District Court for

the District of Columbia, http://www.dcd.

uscourts.gov/court-history.html (last visited

February 22, 2010).


5/24


CAMPUS NEWS

Carnival in Vienna -A Time toCelebrate

Dominique Vieille, Contributing Writer

Life is a carnival, and in

the month of February, cities

all over the world celebrate life. Vienna is no exception. This

last week, Vienna and cities

all over Europe and South

America celebrated the seasonof Carnival. In parts of East and

South Germany and Austria, the

carnival celebration is called

Fasching.Carnival is a festive

season which occurs in thecoming weeks before Lent, anda majority of the main events

are usually around the second

or third week of February. The

celebration of Carnival typicallyinvolves a public celebration,

such as fireworks, or parade

combining some elements ofa circus, mask, and public

street party. People often dress

up or masquerade during the

celebrations, which mark anoverturning of daily life. For

Americans, it is the closestEurope has to Halloween - minus

the trick or treating.In Vienna, the Carnival

celebration begins with the

Vienna Opera Ball (or WienerOpernball in German). The

Vienna Opera Ball is an annual

Austrian/ Viennese society event

which takes place in the buildingof the Vienna State Opera on

the Thursday preceding Ash

Wednesday. Together with the

New Year Concert, the Opera

Ball is one of the highlights ofthe Viennese carnival season.

Each year, almost overnight,the auditorium of the Vienna

State Opera is turned into a

large ballroom. On the eve of

the event, the rows of seats areremoved from the stalls, and a

new floor, level with the stage, is

built.The dress code is evening

dress: white tie and tails for

men and floor-length ball gowns

for women. Like most special

events, local Viennese television

stations such as ORF and BR,

broadcast live from the ball for

several hours each year. Like the

Olympics, for those who cantget into the celebration can at

least watch it from home and

have fun judging what everyoneis wearing. Like Carrie Bradshaw

once said, We all judge. Thats

our hobby. Some people do arts

and crafts; we judge.The highlight of

celebration is called Fastnacht, which means Eve of the

Beginning of the Fast. In theStates we call it Fat Tuesday.

On Tuesday, as I headed to

work in the morning I noticedpeople in the streets wearing

costumes, dressed in bright

colors, or wearing wigs, already

celebrating. Several departmentstores in the city had a special

section devoted to the Carnival

celebration by selling costumes,

wigs, make-up and other

instruments of celebration.At the office, one of

the senior partners broughtKrapfen to celebrate Fastnacht.

Faschingskrapfen are much

like a paczki but are filled with

the famous apricot marmaladecalled Aprikosenmarmelade

and are dusted with sugar. So

before we started our work weall gathered in the kitchen and

enjoyed a small celebration.

Personally, I was celebrating

and thankful for the amazing

opportunity of getting to workand live in this amazing city.

Going home at night, I

was just in time for the nightlycelebration of fireworks. As I

made my way down the main

street the sky was filled with thecrackling of fireworks and the

laughter of children and adults

alike. As I looked at the sky, I

couldnt help but smile. After all,life is a celebration.

Delta Theta Phi Helping theCommunity

Christopher Higgins, Staff Writer

Delta Theta Phi Law Fra-

ternity, International, is one of the

various law fraternities in the Unit-

ed States. It boasts over 130,000

members across the country and

worldwide. In addition, the fra-

ternity is the only legal fraternity

with an authoritative law review,

the Adelphia Law Journal. The

fraternity is organized into a va-

riety of student senates, which

serve as the governing body of

the fraternity chapters at each law

school. The senate at Cooley LawSchool is called the Percy J. Power

Senate.

A few terms ago, the Pow-

er Senate instituted its VIP Party,

which is held during Week 9 at a

location in downtown Lansing. A

nominal cover is charged, with

the proceeds going to charity. In

the Michaelmas 2009 term, the

party took place a few weeks be-

fore Thanksgiving. Delta Theta

Phis tribune, Jose Torres, decided

that the best way to use the pro-

ceeds was to purchase Thanksgiv-

ing dinner baskets for local fami-lies through Christian Services in

Lansing. The party netted a total

of $100, and approximately 5 to 6

bags of food were purchased. Mr.

Torres and several other mem-

bers then delivered the food to

one area family on Thanksgiving.

The feedback from the family was

positive, and Mr. Torres decided to

continue this practice for the Hil-

ary 2010 term.

In light of the recent trag-

edy in Haiti, the Student Bar As-

sociation set up a large initiative,

which included created a charity

account for all monies donated

to the SBA for charity purposes.

Mr. Torres has elected to donate

all proceeds from this terms VIP

Party to that cause.

This terms VIP Party will

be held at Rum Runners on East

Michigan Avenue on Thursday,

March 4, from 8 pm until 2 am.

Free food is provided to students.

No cover is charged with your

Cooley ID until 11 pm. In addi-

tion, this terms party has an 80s

theme, and prizes will be awarded

to the best dressed male and fe-

male.

On March 8, Delta Theta

Phi will also be hosting their Blood

Drive, in CC 911 from 12 pm to

6 pm. The Red Cross will be tak-

ing donations of blood, as well as

registration for the National Bone

Marrow Donor Program. If Delta

Theta Phi meets its goal, the Red

Cross will be donating anything in

excess directly to Haiti.

These events will be posted

on the Portal as it gets closer to the

date, and there will be posters inthe lobby of the Cooley Center and

library. Be sure to tell your friends

and come out March 4 and 8!


6/24


CAMPUS NEWS

The meeting was called to order at 5:03 p.m. Roll call was taken

immediately for voting members. As a reminder, any voting member is allotted two

excused absences per term without being subject to dismissal from SBA. First on

the agenda were current announcements. There will be a fundraiser held at Buffalo

Wild Wings on February 22, 2010, to assist the Haiti earthquake victims. The event

will last from 11 a.m. to 7 p.m. A few Cooley administrators will be coming for

about 3 hours. President Brigman urged SBA members to petition other professors

to come. There are flyers with the event information in the SBA office.

The SBA Summit meeting will be held in Lansing on February 27, 2010.

The Summit meeting takes place each term and is designed to discuss cross-

campus issues among all four Cooley Law campuses. All executive board members

should be in attendance and any other voting member is welcome. The Summit

is a full day event so for those planning to stay overnight, hotel rooms are $59.00

for a double room. President Brigman will pair individuals together who would like

to stay overnight. After the meeting, the Lansing SBA will be taking the campuses

to dinner. The cost of dinner is $15.00. Lansing SBA will be subsidizing the rest

of the meal.Treasurer Kevin McDonald noticed a slight change to the minutes from

the last meeting to which he wanted clarification. Otherwise the minutes were

approved, with changes.

Onto officer reports, President Brigman would like for students to start

utilizing the calendar on the portal main page. Changes can be made by anyone

and it is a great way to advertise your upcoming events. Vice President Hamming

has updated the spreadsheets with student organization information; he also

announced that the Cooley Running Group is now in full compliance, and has

turned in all their necessary paperwork. Treasurer McDonald stated that the

current ledger balance for SBA is at $14, 447.89. This number is notwithstanding

any outside transactions. SBA still hasnt received all student activity fee funds

yet so the number may actually be slightly lower than what the available balance

reflects. If groups are going to be requesting money in the coming weeks, it is best

to do so before week 12. Once finals are underway it will be difficult to get a hold of

the treasurer, thus if your group needs immediate funding, plan well, and seek the

treasurer in the next couple weeks before time runs out. Director of student affairsBrendan Bauman also urged the use of the portal calendar to highlight upcoming

events and announced that new SBA members will be elected in week 8. The

events committee is planning a Mega 80s night at The Intersection on February

26th. They requested $200 up front for 30 pre-sold tickets. The events chair was

offered a deal that i f we bought 20 tickets, we would get 10 free. The tickets would

be resold to students for $3. Also, planning for the annual fall Barristers Ball

has begun. The Barristers Ball is an opportunity for local judges, Cooley faculty,

and students to come together, get to know one another, and network. There is

a planning meeting on the 22nd at Buffalo Wild Wings. The goals of this years

Barristers Ball are to raise money for the Richard Steinberg Memorial Foundation

and raise awareness for mental health issues and overall wellness. This foundation

helps to offset the costs of mental health treatments for lawyers in need of mental

health assistance. Also at the Barristers Ball a professor is recognized for impacting

the Grand Rapids student body in the 2009-2010 school year.

The Academic Committee has decided what this terms scholarship essay

topic is going to be and will be releasing the information on Monday, February

22nd. Professor Vuletich, Professor Hastings, Shannon Acklin, and committeechair Mike Adams will all be judging the writing this term. The award has been

raised to $300.

The Volunteer Committee is looking for help organizing Barristers Ball.

The plan is to have six chairs: The Main chair will facilitate communication,

paperwork, and be an overall go-to person. The Solicitation chair will solicit firms

in town and organize the silent auction. The Publicity chair will promote the ball to

the community and Bar Associations. The Alumni Relations chair will coordinate

with local alumni to involve them in the planning and attendance of the ball. The

Logistics chair will develop a timeline for events planning and coordinate with the

venue. The Awards chair will develop and implement the program of awards for the

evenings presentation. The Entertainment chair will obtain the evenings speakers

and entertainment. It is recommended that the logistics and entertainment

chairs work together. There will be two meal options, one chicken and the other

vegetarian. The cost for a single student will be $30 and doubles/tables of 10 will

be $25 each. A motion was made to approve the tentative Barristers Ball budget,

motion passes.

Grand Rapids Senate ReportHeidi Carroll, Staff Writer

The Student Interest Committee will be holding a student-faculty forum.

This is to address issues on campus across departments from administrative to

vending. This forum will be held on Thursday, March 11 and Saturday March 13.

Also the committee is still working on getting student discount cards for Cooley

students. The goal is to get as many downtown businesses to sign up which will be

doubly beneficial for the students and the business.

The Grand Rapids Pillar is beginning to organize their end of the term

party. To be included in the party, please email Heidi Carroll if you have been

a contributing or staff writer this term on Pillar. Her email is Heidicarroll1984@

gmail.com.

Lastly on the agenda was Public Comments. WLAM is holding a dinner

in honor of Womens History Month on March 2nd at 5:30 p.m. in room 529.

Historian Jo Ellyn Clarey is coming to speak about the first Grand Rapids female

attorney Elizabeth Eaglesfield. The dress is business-professional. The goal of the

dinner event is to celebrate the advancements of women in the law, but also to

facilitate a learning opportunity about various local organizations that are assisting

in the aid and advancement of women, and provide an opportunity for Cooleystudents to connect with these local organizations and with area attorneys. Tickets

are $15 for attorneys or members of the public, and $7.50 for students. Please

e-mail [email protected] to RSVP for this event! We will sell tickets at the

door, but we need your RSVP by Friday, February 26.

The meeting adjourned at 5:43 p.m.


7/24


CAMPUS NEWS

On Tuesday, January 12,

shortly before 5pm, Haiti was hit by

its most powerful earthquake in over

a century. The earthquake, which

measured a 7.0 magnitude and lasted

between 35 and 40 seconds, was

followed by at least ten aftershocks,

including two measuring about a

5.0. It was centered about ten miles

southwest of Haitis capital city of Port-

au-Prince and could be felt in eastern

Cuba, more than 200 miles away.

The images we have seen

since that fateful day have been

devastating. Although the numbers are

still being debated and are unofficial,the Haitian government is estimating

that more than 212,000 people have

died and more than 300,000 are

injured. According to U.S. Agency for

International Development estimates,

three million people were affected and

more than 700,000 in Port-au-Prince

alone were displaced.

Whether it was a $10 text

message donation or a phone call

to a celebrity during the telethon,

people everywhere have been stepping

up to help out in any way they can.

Unfortunately, our current economic

situation may make it difficult for some

people, especially law students living

off loans, to do as much as they would

like to do to help out these people so

much less fortunate than us in their

great time of need. Luckily such an

opportunity has presented itself.

Delta Theta Phi law fraternity

is sponsoring the American Red Cross

Blood Drive on March 8 from 12-6 in

Cooley Center 901. The American Red

Cross has set the fraternitys goal at 35

Delta Theta Phi Sponsors BloodDrive in Lansing

Nicole Fortino, Contributing Writer

units. Every unit collected above the

35 goal units, the American Red Cross

will send the blood to Haiti. Red Cross

Blood Services are especially looking

for donors with Type O negative

blood, which will be very useful for

emergency situations in Haiti because

it is universal and compatible with any

type of blood for transfusions. Please

keep in mind that one donation can

help up to three people, so it is very

important to the people of Haiti that

not only that the goal of 35 donors

is surpassed, but also that plenty of

Type O negative blood is collected,

so every donation counts. Culturalanthropologist Margaret Mead once

said, Never doubt that a small, group

of thoughtful, committed citizens can

change the world. Indeed, it is the only

thing that ever has. Cooley may not

be a considered large law school, but

we are a special group of people and we

can make a difference to the people in

Haiti.

Sources:

Haiti Earthquake Update,

http://www.redcrossblood.org/

Blood Facts and Statistics,

http://www.redcrossblood.org/learn-

about-blood/blood-facts-and-statistics

Simon, Mallory, et al., 7.0

quake hits Haiti; Serious lose of

life expected, http://www.cnn.

com/2010/WORLD/americas/01/12/

haiti.earthquake/index.html

Kastenbaum, Steve and

Myers, Chad, Fact Check: Haiti by

the Numbers (2010), http://www.cnn.

com/2010/WORLD/americas/02/12/

fact.check.haiti.numbers/index.html

The Cooley Auburn Hills SBA

introduced for the first time theSBA Black & White Social as theirfirst event of the Hilary 2010 Termon Saturday February 13th, at TheHamilton Room in Birmingham.Students got a chance to dress upand guests enjoyed raffle prizes,appetizers from Chen Chow andQuattro, a private cash bar, and aDJ throughout the evening!

It was a successful event with manypositive aspects including:An amazing turnout of almost

150 students!The SBA presented Professor

Nussbaumer an overdue andmuch appreciated THANKYOU and a 25th anniversaryaward!

Students participated in a fun-filled raffle and were able to raise a totalrevenue of $900 for Haiti Relief!

The purpose of the SBA is to promote and facilitate activities that promoteprofessionalism and the SBA Social was a great opportunity for studentsto network and socialize with one another, professors, the SBA ExecutiveBoard, and everyone had a GREAT time!

SBA Black & White SocialMary-Ann Girgis, Contributing Writer

Dear Students and Faculty,

On behalf of the International

Law Society, we are now welcoming news

article submissions of all types for our

Globe Trotter Newsletter. This is an

informational Newsletter that will be in

print from the International Law Society,

depicting and articulating current events

regarding legal issues taking place

around the world. We welcome all

type of articles varying from fascinating

topics that may interest you personally,

International or Domestic related issues

currently taking place, or perhaps a

personal experience that you may have

encountered during your travels!

ILS Announces Globe Trotter!Constantine Benetos, Contributing Writer

Please feel free to email yourarticles, perspectives or experiences

to Constantine, editor of the Globe

Trotter at [email protected]. The

Globe Trotter will be available in both

print and on-line. Article submission

requirements are word documents,

attached in an email of 12 point, Times

New Roman font. For more information

please visit our website at: Ils.tmc.cooley.

edu. On behalf of the International

Law Society, we are looking forward to

hearing from you!

Best Regards,

The Globe Trotter

The International Law Society

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8/24


BLSA Takes Over...Continued from Page 1

competition.

Several 1L students attended

the convention to represent both

BLSA and Cooley: Sherrill Marshall,

Shakeena Melbourne, Beveraly

Wallace and Mobi Kwankwo. These

students were poised, articulate,

professional, and well prepared todiscuss important issues in educational

seminars, and shared the needs

of their fellow students in plenary

sessions. Beveraly was elected by

her peers as Sub-Regional 1 Director

for the Midwest Region. William Q

Cowan (2L BLSA Public Relations

Director), promoted Cooleys chapter

of the Black Law Students Association

in the various educational seminars,

plenary sessions, and as a bailiff for

the mock trial competition.

BLSA thanks our membership and

the faculty advisors who coached our

teams and accompanied them to the

convention Professor Kevin Scottand Professor Mark Dotson.

Mandated Health Care?...Continued from Page 3

Amendment protects the states from

the federal government forcing reform

upon them.12

Supporters of the insurance

mandate argue that there is a strong

enough relationship between health

insurance and the national economy

to justify a congressional mandate via the Commerce Clause.13 They

find that health-care costs have a

substantial effect on the national

economy. In recent years, health

care expenditures have grown to over

sixteen percent of the gross domestic

product.14 Supporters also argue

that the Commerce Clause has been

invoked in the past to regulate those

who were not engaging in commercial

activity or refusing to engage in

commercial activity.15 Proponents

point out that under the Commerce

Clause, Congress has regulated hotels

that have refused business to African

Americans, and also has regulated

personal, medicinal marijuana, even

if it was not involved in a commercial

transaction.16

Proponents further argue that

it is misleading to characterize the

health-care reform as regulating the

practice of medicine.17 They find that

the reform effort is rooted in the impact

that insurance premiums and unpaid

medical bills of the uninsured have onthe national economy.18 Supporters

of the mandate argue that the federal

government is already involved in

health care by means of the Food and

Drug Administration, as well as the

Drug Enforcement Administration.19

And while federalism is an important

component of our Constitution, the

Tenth Amendment cannot serve as a

shield from all federal policies.20

Supporters and opponents

of the mandate also disagree on how

the limits of Congresss taxing and

spending power may impact health-

care reform.21 Supporters of the

mandate argue that the fine collectable

by the IRS for not complying with themandate is well within Congresss

recognized powers to tax and spend

for the general welfare.22 However,

critics note that Congress cannot use

taxes to regulate conduct they do not

otherwise have power to regulate.23

They argue that if the purpose of the

fine was solely to raise revenue, it could

pass as a general-welfare provision;

however, if it appears that the fine isset as a penalty to ensure compliance,

it would be an improper use of the

taxing and spending power.24

The political fate of the

insurance mandate remains uncertain.

Whether any constitutional challenge

would gain traction in Congress or the

courts is speculative as well. Congress

is given great deference as to what is

Necessary and Proper and what

taxes may be levied for the general

welfare.25 However, because of the

divisive nature of health-care reform

and the scope of federal power, it

would not be surprising if a federa

mandate for the purchase of health

insurance would be voted down byCongress or struck down by the courts

on constitutional grounds.

1 See President Barack Obama, Remarks by the President to a Joint Session of Con-gress on Health Care (Sept. 9, 2009), available athttp://www.whitehouse.gov/the_

press_office/Remarks-by-the-President-to-a-Joint-Session-of-Congress-on-Health-Care/. See President Barack Obama, Remarks by the President to a Joint Sessionof Congress on Health Care (Sept. 9, 2009), available at http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-to-a-Joint-Session-of-Congress-on-Health-Care/.

2 See Orrin G. Hatch & Mark Shurtleff, Opinion, Healthcare Legislation is a Threatto Liberty, L.A. TIMES, Jan. 20, 2010, available athttp://articles.latimes.com/2010/

jan/20/opinion/la-oe-hatch20-2010jan20; see also George Will, Opinion, Constitu-tional Questions Block Health Care Reform, DETROIT NEWS, Jan. 17, 2010, availableat http://detnews.com/article/20100117/OPINION03/1170304/Constitutional-ques-tions-block-health-care-reform;see also David B. Rivkin Jr. & Lee A. Casey, Illegal

Health Reform, WASH. POST, Aug. 22, 2009, available athttp://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082103033.html.

3 See Rivkin & Casey,supra note 2.4 See id.5 See id.6 See id.7 See Andrew P. Napolitano, Opinion,Health-Care Reform and the Constitution, WALL

ST. J., Sept. 15, 2009, available athttp://online.wsj.com/article/SB10001424052970203917304574412793406386548.html.

8 See id.;see also United States v. Lopez, 514 U.S. 549 (1995).9 See Lopez, 514 U.S. at 566-67; Rivkin & Casey,supra note 2.10See Napolitano,supra note 7.11 See id.12See Ed Hornick, Tenther Movement Aims to Put Power Back in States Hands, CNN.

COM, Feb. 10, 2010, http://www.cnn.com/2010/POLITICS/02/10/tenth.amendment.movement/index.html?iref=allsearch (last visited Feb. 15, 2010); see also Hatch &Shurtleff,supra note 2;see also George F. Will, Opinion, Unlawful Health Reform?, WASH. POST, Nov. 19, 2009, available athttp://www.washingtonpost.com/wp-dyn/content/article/2009/11/18/AR2009111802697.html.

13See Robert A. Schapiro, Opinion,Federalism is No Bar to Health Care Reform , AT-LANTA J. CONST., Nov. 2, 2009, available athttp://www.ajc.com/opinion/federalism-

is-no-bar-182808.html;see also Erwin Chemerinsky,Health Care Reform is Consti-tutional, POLITICO, Oct. 23, 2009, http://www.politico.com/news/stories/1009/28620.html (last visited Feb. 15, 2010).

14 Chemerinsky, supra note 13.15See id.16See id.17See Mark A. Hall, Letter to the Editor,Health-Care Reform is Constitutional, WALL

ST. J., Sept. 24, 2009, available athttp://online.wsj.com/article/SB10001424052970204518504574417371508861600.html.

18See id;see also Schapiro,supra note 13;see also Chemerinsky, supra note 13.19See Hall,supra note 17.20See Hornick,supra note 12;see also Schapiro,supra note 13.21See Will, supra note 12; see also Chemerinsky, supra note 13; see also Rivkin &

Casey,supra note 2.22 See Chemerinsky, supra note 13.23See Rivkin & Casey,supra note 2.24See id.25SeeSonzinsky v. United States, 300 U.S. 506 (1937); see also MCulloch v. Mary-

land, 17 U.S. 316 (1819);see also Will,supra note 2.


9/24


CAMPUS NEWS

Under the Federal Rules ofEvidence, hearsay statements areusually kept from a jury because itis likely impossible for the jury tocalculate the trustworthiness of thestatement all they can do is try anddecide whether the declarant is lying.1But there are many exceptions to thehearsay rule. The excited utterance2is treated in the court room as a wellfounded hearsay exception3; however,in light of recent discoveries in thefields of Psychology and Neurobiology,it is becoming clear that excitedutterances are not so reliable, and thetrusty foundation used by the courtto justify it is becoming meaningless. After all, what good is trust withouttruth?

There have been many

arguments supporting this position.Explanations range from hormones tostress to panic, and though all of theseare right, to one extent or another, inour practice, we prefer to subscribeto Occams razor: when there aremultiple explanations for one thing,deference must be given to the simplerone. And the simplest reason that theexcited utterance should not be trustedis cortisol. But perhaps this is puttingthe cart before the horse.

A common misconceptionabout memory is that it is a distinctentity. For example, most peoplebelieve that we are all equipped witha memory, and that this memory isproduced from an intake of the sensesand that it is simply stored somewherewaiting to be recalled. But the processof consolidating memory is served bymultiple systems and various parts ofthe brain most notably the amygdalaand the hippocampus which are partof the limbic system.4 Upon receivingsensory information, the amygdaladetermines what and where memoryfragments received from the senses areto be stored in the brain; consequently,the amygdala is also involved in thesecretion of hormones like cortisol aswell.5 The hippocampus on the otherhand sends memories out to certainparts of the cerebral hemisphere forlong-term storage and also retrievesthem when necessary.6 What we call amemory is not one thing: it is multiplenerve stimuli that are first recognizedand then consolidated by the brain.

Cortisol is a chemical hormonesecreted naturally by the adrenal gland

Trust or Truth? Time for the Court to DecideJohn Hohmeier, Contributing Editor

in response to stress.7

The adrenalgland is not in the brain, but it iscontrolled by the limbic system. Whenwe encounter an exciting or stressfulsituation, our body reacts immediately;however, another commonmisconception is that as soon as weare challenged by stressful or excitingstimuli, we resort to the primitive fightor flight response. Actually, the firstthing that we do is freeze, and when wefreeze we naturally narrow our focus.8Under high-stress situations we areunable to distinguish important detailsfrom unimportant ones, and we resortto primitive use of our limbic systeminstead of the high powered reasoningof our neural cortex.9 Once the limbicsystem kicks in, all of our responsesare reactory and without much (if

any) reflection. Such seems to be thejustification for the courts treatment ofexcited utterances they are reliablebecause the declarent has no time toconsciously manipulate what theirexperience.

In order for the excitedutterance to be allowed into evidence,the statement must be spontaneousor impulsive (among other things) asopposed to being the result of carefulreflection or deliberation.10 Courts treatexcited utterances as an exception tothe hearsay doctrine precisely becausethey are made without reflection:

Statements made whileunder the influence of a startlingevent are considered reliable becauseexcitement is thought to still thereflective capacity and give rise totrustworthiness. Commentators havenoted that excitement may also giverise to error, but this has generallynot detracted from the admissibility ofthese statements.11

Both the court and thecommentators are right; however,the commentators are closer to thetruth than the courts are. Thoughit is true that excited utterancesare made without much (if any)conscious reflection, the unconsciousphysiological process that takes placein the brain is inherently mysterious tous. In fact, recent investigations areshowing that when cortisol is releasedto the brain, it actually inhibitscognitive functioning.12 To be clear:while in a situation of elevated stress,the brains ability to index memory

or recall it properly is hindered bycortisol,13 and our perception of thestressful event becomes much cruder,lacking any specificity or complexity.14

Incoming stimulus such assight (registering in the brain as anerve stimulus) is partially processedby the thalamus which is part of thelimbic system as well. 15 These sensoryperceptions are rough and basic, sothe information is sent to other areasof the limbic system, like the amygdalaand hippocampus, for processing andcoding.16

Sensory perceptions like whatwe see are really just electric impulsesthat register and travel via neurons.17Neurons are the informational highwaysof our brain, like telephone wireswith various terminals along the way.

Neurons link each part of our brainwhich allows our brain to communicate with the central-nervous system; Neurons are specialized to transmitelectronic information throughout ourbodies.18

The hypothalamus (also partof the limbic system) regulates theadrenal glands.19 The adrenal glandsare responsible for the secretion ofhormones, most notably cortisol.20Cortisol is secreted in high amountsduring the bodys fight-or-flightresponse and is itself responsible forcounteracting stressful changes to thephysiology of the body.21

So when high amounts ofcortisol are secreted during a high-stress situation and begin to racethrough the brain, nearly the entirelimbic system is involved all at once.The incoming electric stimulusprovoking the excited utterance, oralternatively the messages sent outfrom the hippocampus to retrieve thecoded memory, is competing with thecortisol and may be broken up or evenchanged on its way to processing .This cortisol-induced inhibition of thenerve stimulus can result in codingerrors or even false recall (utterance)of a properly formed memory. Andthis limbic process is completelyinvoluntary and happens with noconscious reflection or chance thatthe potential declarant will contrive orwillfully manufacture his own versionof the events.

The precarious and extremely volatile process that is involved inthe storage of veridical memory is

itself done involuntarily and withoutreflection; however, this does notguarantee the truthfulness of such aperception and its subsequent recall.The courts justify excited utterancesby saying that they are trustworthybecause they are spontaneous andmade without reflection. But isntthe umbrella purpose of the rules ofevidence to uncover the truth of thematter at hand?

The court is now faced withthe issue of separating trust fromtruth, because sometimes they aretwo different and competing concepts. As investigations in Neurobiologand Psychology continue to uncoverthe mysteries of the human brain,studies are showing that just becausesomething is trustworthy, does not

necessarily mean that it is true.

On Friday, March 5th, Jay Kaplan, a specialist from the American Civil Liberties Union (ACLU), and Jordan Lorence, a well-known speaker from the

conservative Alliance Defense Fund (ADF), will debate the question of whether state lawmakers or the federal government should pursue legislation defining marriage

as between one man and one woman. The debate will be held in the auditorium on the 6th floor of the Temple Building at 3p.m. Admission is free. As the host

organization, the Christian Legal Society (CLS) is dedicated to providing an objective, academically informative look at this issue enveloped in a very emotional

controversy and propelled to the national spotlight by Proposition 8 and the resulting state and federal cases. The CLS would like to invite the Cooley community to

join them as Jay Kaplan and Jordan Lorence provide a polished and thought-provoking look at both sides of the debate.

The Lansing CLS Chapter is a student organization dedicating to cultivating spiritual growth through weekly Bible study and prayer, expressing the love

of Christ to the Cooley campus and the Lansing community through academic discussions such as the one mentioned in this article and community service, and

educating law students to integrate faith and law through Biblical exposition and conferences. The CLS meets on Thursdays at 1pm in a location indicated each week

on the Cooley portal and has regular activities such as bowling, volunteering at a local homeless shelter, and off-campus fellowships.

Student Organization to Host Debate on Same-Sex MarriageJoshua Hershberger, Contributing Writer

1 155 A.L.R. Fed. 583, *2a.2 Fed. R. Ev. 803(2).3 State v. Davis, 64 P.3d 661 (Wash. Ct. app. Div. 1

2003).4 W. Jake Jacobs & Lynn Nadel, Commentary:

Neurobiology of Reconstructed Memory, 4 Psych.Pub. Pol. and L. 1110, 1111 (1998).

5 Regina Bailey, Limbic System (visited on February9, 2010), http://biology.about.com/od/anatomy/a/aa042205a.htm.

6 Id.7 Paul D. Drew & Janet A. Davis, Inhibition of

Microglial Cell Activation by Cortisol, 25 July2000, http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6SYT-40TH5Y0-C&_user=10&_rdoc=1&_fmt=&_orig=search&_sort=d&_docanchor=&view=c&_searchStrId=1143481791&_rerunOrigin=google&_acct=C000050221&_

version=1&_urlVersion=0&_userid=10&md5=e82bd09619be9a3e5ae55b55395fd885.

8 Id.9 Alan M. Lerner, Using Our Brains: What Cognitive

Science And Social Psychology Teach UsAbout Teaching Law Students To Make Ethical,

Professionally Responsible, Choices, 23 QuinnipiacL. Rev. 643, 679 (2004).

10 Fed. R. Evid. 803 (2), see also U.S. v. Clemmons,461 F.3d 1057 (8th Cir. 2006).

11 4-803 Federal Rules of Evidence Manual 803.212 Leslie Larkin Cooney, Therapeutic Jurisprudence in

Clinical Legal Education and Legal Skills Training,17 St. Thomas L. Rev. 407, 420 (2005).

13 Renate N. Caine & Geoffrey Caine, MakingConnections: Teaching and the Human Brain 17(Ronald S. Brandt, ed., Dale Seymour Publications1994) (1991).

14 Steven Johnson, Mind Wide Open: Your Brain andthe Neuroscience of Everyday Life 150-57 (Simon &Schuster Adult Publishing Group 2004).

15 Regina Bailey, Limbic System (visited February 9,2010), http://biology.about.com/od/anatomy/a/aa042205a.htm.

16 Id.17 Walter J. Freeman, The Physiology of Perception,

Scientific America, Vol. 264 at 78-85 (February1991).

18 Kendra Van Wagner, What is a Neuron? (visitedFebruary 9, 2010), http://psychology.about.com/od/biopsychology/f/neuron01.htm,.

19 Id.20 Elizabeth Scott, Cortisol and Stress: How to Stay

Healthy (updated January 12, 2010), http://stress.

about.com/od/stresshealth/a/cortisol.htm.21 Id.


10/24


ADR, Mock Trial, and Moot CourtCordially invite you to attend the

Hilary 2010

Litigation Banquet

March 13th, 20106th Floor Temple Building Auditorium

5:30 p.m.- Social 6:00 p.m.- Dinner

Tickets are $5 and on sale now in theCC lobby and the ADR, Mock Trial,

and Moot Court Offices

Join us for:Organizational Awards and Slideshows,

the chance to win a discount off a Bar-Prep Course, and more!

COMMUNITY NEWS

Mock Trial Board is acceptingdonations to Eves House as part of

our community service for the term.

For every three items you donate you will receive

1 membership point.

Items We Need Today Standard Size Pillows

Deodorant/

Antiperspirant

Hand Sanitizer

Powder or Liquid

Laundry Soap Dryer Sheets and Bleach

Paper Towel

Toilet Paper

Counseling Program Positive Themed Framed

Pictures or Landscapes

for updating counselingspaces

Journals!!!!!

Non-Residential Program

Daily, Weekly and

Monthly planners

Spiral Notebooks

Black Shirts Size L or XL

Cleaning Supplies

Personal Needs

Womens Socks

Womens underwear

sizes 7-10

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The National Best Selling Author, David Bach, shares a storyabout a person attempting to schedulean airline flight to Paris, but in hisfrantic voicemail he fails to tell thetravel agency the departure city andis, unfortunately, stranded the nextday. If you dont know where you are,how can you get to your destination?The same holds true for finances.How can you realistically achieve agoal if you do not know where yourstarting point is located? Most of ushave trouble keeping up with outlines,classes, and extracurricular activities;the last thing we can do is effectivelymanage finances without a solid plan.If you had a blank sheet of paper, could you list every bank account, studentloan, interest rate, asset, and liabilityaccurately? Probably not.

The first step is to obtain acurrent credit report. Every consumershould know the contents of their creditreport. It is a great starting point tosee where you are financially. Whenthe information is reported accurately,a credit report gives snapshots of creditlines and current total debt. Whether you have color-coded files for all ofyour financial documents, or utilize theshopping bag method, the most crucialpart is organizing all the documentswith financial data.

Bach recommends anelectronic system, such as Quicken.

Credit & Financial Fitness: Where do you stand?Cavita Sharma, Editor-in-Chief

However, to begin, he also suggestsa simple filing method using filefolders labeled: (1) Tax Returns, (2)Retirement Accounts, (3) SocialSecurity, (4) Investment Accounts,(5) Savings and Checking Accounts,(6) Household Accounts, (7) CreditCard Debt, (8) Other Liabilities,(9) Insurance, (10) Family Willor Trust, and (11) ChildrensAccounts. Once all these documentsare organized it is easier to completea financial summary worksheet or aninventory planner. Bach proposessome basic information to considerin the inventory planner. Thefirst section, cash reserves, will listaccounts, current balance, and interestrates. Included in the cash reserves,list and organize any fixed income, such

as stocks, annuities, and brokerageaccounts. Second, categorize allretirement accounts by companyname, type of plan, approximate value,and the percent you contribute. Itis also important to document datesof employment and know who thebeneficiary is on the account. Self-directed retirement accounts are listedin section two as well and include IRAs,Roth IRAs, SEP-IRAs, and SAR-SEPIRAs.

Third, document real estateregardless of whether or not yourent. If you own a home calculate theapproximate value of the house, loan-to-value ratios, loan specifics, and taxingauthorities. The fourth category isestate planning. Law students shouldhave a will or living trust in place andknow exactly where to obtain this

information for family members. Bachalso proposes that life insurance andtax planning information is slotted inunder estate planning. The beauty andpracticality of an inventory planner isinvaluable.

The fourth category in theinventory planner is cash flow. Cashflow is a fluid amount that will change(hopefully) after graduation. Inthe mean time, you should track anestimated monthly income, annualincome, and expense, which are thebasics of accounting principles. Oneof the goals is to determine net cash

flow and net worth.To determine netcash flow subtract theamount spent fromthe amount earnedafter taxes. Net worthis easily calculatedby subtracting totalliabilities from totalassets.

Goal setting is vital to financialhealth. It can be challenging todetermine financial objectives whenswimming in student loan debt, butsimply ask: what are my current financialgoals and objectives? If there arepressing financial concerns, prioritizethose and use reliable resources forhelp when you need it. Anticipate andplan for major life changes that willrequire money after graduation bar

prep courses, emergencies, medicalcosts, and a six month reserve forliving expenses. Overall, reflect onthe financial decisions that producedpositive outcomes, and those whichyou would do differently this is youropportunity!

Napoleon Hill was a mastemotivator who said that to achieve yourdreams you have to focus on what youwant your life to be about. Hill studiedsome of the most successful people ofhis time noting that prioritizing time,effort, and money will lead to successand fulfilling those dreams.


11/24


COMMUNITY NEWS

Ive bought two cars in the last month.

One for me, one for my daughter. Bydoing two days of negotiating, I saved

myself in excess of $3,000. If you want

to save money on your next (first?) car

purchase, read on.

1. Nobody pays sticker. Dont be duped

into paying what the sticker price says.

The sticker price means nothing when

youre buying a car. Find out what the

dealers invoice price is (lots of services

will do thisConsumer Reports is

one). This information may cost you

a bit to buy, but its well worth it. Use

the dealers invoice price as where you

start negotiating. Negotiate up from

there, not down from the st icker.

2. Negotiate only one variable. If you

are trading a car in and buying a new

car, the dealer will try to use both of

these variables to confuse you and

charge you a higher price. As quickly as

possible, get to the point where youre

negotiating only one variable. This will

be either be the purchase price of the

car youre buying or what the dealer

will give you in trade for your car. If

you try to negotiate both at once, the

dealer can easily inflate one to make it

seem like youre getting a great price

on the other.

3. Dont tell them what they need toknow to work against you. On both

of my purchases, I used an employee-

discount program. That means the

discounted price I paid for the new

vehicles I purchased was fixed. The

only variable was how much I would

get for the cars I traded in. Every

dealer wanted to know immediately

either what I wanted for the trade

or what I had already been offered.

They asked this because knowledge

is power. I always gave an evasive

answer, something like, I know what

the NADA value is, so I expect to get

something within range. Another one

that worked well was, I have a goodstrong offer already, so make a strong

offer. If I told the dealer a price that

was too high, he or she would have

known that I didnt know what my car

was worth. If I told the dealer a low

price, it removed all incentive for them

to make a strong offer.

4. Go to numerous dealers. Dont go

to only one dealer, even if you think

your first dealer gave you a great offer.

I started out with a very good offer

from a dealer who offered me $7,200

for my truck on trade-in. The next one

offered me $6,500 but quickly upped

the offer to $7,400 when I told him Id

How to Buy a CarOlen Noe, Contributing Writer

already been offered $7,200. The next

couple of dealers low-balled at $6,000and $6,500. The next one made a first

low-ball offer of $6,000. I told him Id

already been offered $7,400 and was

still shopping. He asked if Id buy from

him if he matched $7,400. I told him

hed have to do better. Thats when the

offer went to $7,800. This offer was

within the range I wanted, and I was

tired of driving to dealers, so I took the

offer.

5. Watch out for tricks. Whether

its justified or not, car dealers dont

have a sterling reputation for ethics.

Maybe they dont try to trick you,

but buyer beware. Know what yourpayment should be. Read contracts.

Question what doesnt make sense.

When I bought my first car right out

of undergrad, I walked into my loan

closing knowing what my payment

should be. When the payment wasnt

what it should be, I questioned it. As

it turns out, the F and I (stands

for finance and insurance) guy had

mistakenly added credit life and

credit-disability insurance to my loan.

I had told my salesman I didnt want

this. The F-and-I guy tried again to

talk me into it, but I told him I didnt

want it. He then said he wasnt sure

I could close on the car that day if I

wanted this change made becausehe didnt think he had time to retype

the documents. But after I told him I

would either wait or go somewhere else

to buy the car, he changed his tune and

got the documents retyped.

This same F-and-I guy tried to pull

another fast one. He tried to get me

to sign a loan that was not a simple

interest loan. Simple interest means

the borrower pays interest only on

the outstanding balance of the loan.

The loan the F-and-I guy tried to get

me to sign calculated interest in the

double declining balance method.

This means I paid more of the interestup front than I would under simple

interest. This amounted to a large

prepayment penalty.

6. Negotiate for add-ons if you want

them. When you have struck the

best deal you can, your salesman

will introduce you to the F and I

person (also known as the business

manager). The best advice is to hold

onto your wallet here. The F and I

persons purpose is to make money off

you in every way they can. Dont forget

this. Of course, everybody at the

dealership has this same goal. But if

you are not vigilant, the F-and-I person

can catch you off guard and prey on

your lack of knowledge or insecurity.The F-and-I person will try to sell you

fabric protections, paint protections,

rust proofing, GAP insurance, and

extended warranties. The only thing

worthwhile here is an extende

warranty. And if you buy an extended

warranty, negotiate the price. I said no

thanks to the extended warranty and it

suddenly became $300 cheaper.

7. Dont be afraid to walk away. You

may not get the deal you want. Dont be

afraid to walk away. My dad was great

at this. I recall as a teenager going with

him to buy a truck. He didnt want to

pay more than a set price for the truck.I watched my dad negotiate to within

a couple hundred dollars of the price

he wanted. The dealer wouldnt budge

any farther. My dad said ok, wished

the gentleman a good day and left. I

couldnt believe it. After all that, he

was going to walk away over a couple

hundred dollars? When we got to the

car, to my surprise, the salesman came

running out after us and told my dad to

come back in. They met his price right

there on the spot. Ive put this lesson

into practice many times. And I tell

the dealer right up front also to give

me their best deal because Im going

to shop around.

8. Dont forget to get the best rate.

Dont forget to shop for the best rate

on your loan. If you walk into a car

dealership without knowing what kind

of a rate you can get on your own (i.e.,

from your local credit union), you

may get taken. The F-and-I person at

one dealership I went to told me their

best rate was in the 7% range. After

I mentioned the rate I had already

been approved for at my credit union,

suddenly, they had a rate that was

much lower. The dealer was probably

bumping my rate. This is where a

bank sets a rate at a certain percent

lets say 5%. If the dealer can getsomeone to take a 7% rate instead of

5%, the dealer pockets a nice bonus

for bumping the rate. Watch out for

this.

I traded-in two vehicles. One was a

mini-van. The lowest offer was $1,500.

The best offer was $3,400 for the trade-

in. The other was a pick-up truck. The

lowest offer was $6,000. The best offer

was $7,800. It took an investment of

one days time for each deal, but for

the $3,700 I saved, it was well worth

the time.


12/24


COMMUNITY NEWS

With spring break soon approaching,

Thomas Cooley law students deserve

a hard-earned break from the books.

Instead of your archetypal MTV hot-spot

Spring Break destination like Panama

City or Cancun, Costa Rica is an exotic

alternative, at student friendly prices.

Costa Ricas rich and natural diversity,

pristine beaches, lush rainforests, and

tropical wildlife make it an ideal place

for any law student to visit as a reprise

from school. Costa Rica offers miles of

white beach coastlines coupled with a

winterless climate.

For the law student aspiring

to pursue a career in real estate

development, Costa Rica offers

lucrative real estate investment

opportunities to peruse and perhaps

potential clients. Costa Rica is

currently a developing country;

however, its stunning atmosphere has

established it as a top travel destination.

Its ever increasing infrastructure and

accessibility are constantly attracting

investors and triggering explosive real

estate growth. There are no capital

gains taxes, coupled with low property

taxes, thus enhances this growth. This

is an influential incentive which makes

Costa Rica an attractive haven for

major corporations, private real estate

investors and world-class resorts such

as Marriott and the Four Seasons.

Costa Ricas excursions include

a smorgasbord of outdoor activities for

students of both the Gen-X adrenaline

junkies and the more tranquil stop

and smell-the-roses types. Activities

include:

1. Visiting Arenal, the Land of

the Active Volcano: The Arenal

Volcano is the only volcano in

Costa Rica constantly active since

awakening after 40 years ago withthe explosive 1968 eruption. The

volcano now produces huge ash

columns, explosions and glowing

red lava almost every day. It is

considered one of the ten most

active volcanoes in the world.

After a day of touring the volatile

volcano, and a wish to spend a

special day at a mountain side

hotel, with a superb view of the

majestic Arenal Volcano just

outside, Volcano Lodge, is the

ideal place. (www.volcanolodge.

com).

2. Relaxing in Natural Hot Springs:

The Lifestyle Lawyer:Alternative Spring Break Destinations: Costa Rica

Marla Neufeld, Esq., Contributing Writer

Located at the foot of the grandiose

Arenal Volcano, lays the tropical

paradise of nature, Tabacon Grand

Spa Thermal Resort. Geologically,

Tabacons hot springs, which are a

series of waterfalls hiding amongst

lush landscaping, are 97 percent

rain-based and 3 percent magma-

based. In Spring Break terms that

means 100 percent relaxation.

While there are many hot springs

destinations around the world, few

offers this special balance set in a

gorgeous natural paradise, truly a

water park for adults. Tabcon offersa variety of day visit packages,

which allow you to spend time

relaxing in the thermo-mineral

springs, experiencing Costa Ricas

top spa, or enjoying a cocktail in

one of the worlds only 98 degree

wet bar. (www.tabacon.com).

3. Canopy Tour in the Rainforest:

For the more adventurous traveler,

strap on a harness and glide

through the rainforest with Arenal

Canopy, where you can sai l through

the tree tops using pulleys and

harnesses on horizontal traverse

cables. The tour starts embarks

with an exciting adventure with

either a horse-back or ATV ride

of about 40 minutes through a

farming and pasture area. The

journey then continues with a short

hike through a tropical rain forest

where you may encounter various

species of wildlife such as white-

faced monkeys, howler monkeys,

agoutis (rodent species that inhabit

areas of Central America), and a

great diversity of birds and plants.

The zip-lines for the canopy tour

feature seven platforms connected

with five traverse cables with

various lengths ranging from 60-

170 meters.( http://www.canopy.co.cr/).

4. Canyoning Waterfall Rappelling:

For an adventure more confronting

than a 1L contracts class,

experience waterfall rappelling

with Pure Trek Adventures.

With Pure Trek you can journey

through the forest on magical

trails that lead to some of the most

spectacular waterfalls in Costa

Rica which you then proceed

to jump off of!! This exhilarating

adventure includes rappelling

down from the top of the waterfall

into the picturesque canyon below,

which is reminiscent of a scene

from the Lord of the Rings or

Avatar. This adventure includes

four rappels, three of which are

along waterfalls, and one dry rock

face. Along your path through

the rain forest, see tropical birds,

monkey and thousands of different

kinds of plants and flowers.(

puretrekcostarica.com).

5. Surfing in Jaco Beach: Instead

of learning how to draft memos,

learn how to hang ten with

Waves Costa Rica. Learn to surf

on the beautiful Jaco Beach, with

qualified and expert instructors.

With Waves, you will learn basic

ocean knowledge, including how to

read the waves, the tide, the swell,

and the wind. The expert surfers

will teach you the fundamentals:

an array of paddling methods, how

to duck dive, and how to get to

your feet. For beginners, there

are numerous spots in the area

conducive to novice surfing. The

staff at Waves, which includes

some of the best surfers in Costa

Rica, will have you surfing in no

time. (www.wavescr.com). A laid

back bustling town, Jaco has one

of the most popular Costa Rican

beaches. One of the towns major

attractions is the fantastic surfing,

as the waves are consistently big

and the breaks are tubular. A

yearly international surf contest

is hosted at their nearby beach,

Playa Hermosa, and attracts many

surfers from around the world. In

Jaco you will find accommodations

to suit ever budget, including

Hotel Balcon Del Mar. The hotel,

located directly on the ocean,

is a great place to watch the

beautiful sunset or try out yournew surfing skills on the big waves

just outside your front door. (www.

hotelbalcondelmar.com).

6. White Water Rafting: Ride

down the Naranjo or Savegre River

with Iguana Tours white water

rafting excursion. Welcome to our

office, the rafting guides exclaim

as you float down the sparkling

pristine river. But do not get too

relaxed, because Level II, III, and

IV white water rapids eagerly

await you. All trips are geared

towards ecology, safety education,

and adventure, offering two

unforgettable river adventures with

internationally trained, bilingual

guides and safety trained kayakers.

(www.iguanatours.com).

7. Animal Sightseeing at Manuel

Antonio National Park: Take

leisurely hike with a professionally

trained, well-educated Costa Rican

89017 pillar proof

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