Know

C-M’s July 2002 Bar Exam passage rates

Overall: 60%First time takers: 73%Repeat takers: 25%GPA 3.0 or higher: 91%GPA lower than 3.0: 47%

The Ohio State University scored the overallhighest pass rate with 87 percent, and the highest firsttime pass rate at 90 percent. The University ofCincinnati scored a 79 percent overall pass rate, witha first time pass rate of 80 percent. Case WesternReserve University’s overall pass rate was 75percent, with an 81 percent first time rate.

Ranking below C-M were, the University ofDayton with a 58 percent overall rate and CapitalUniversity with a 56 percent overall rate.

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THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAWVOLUME 51, ISSUE 3 NOVEMBER 2002

By Jay CrookSTAFF WRITER

The 2002 election season hascome and gone, with Gov. BobTaft defeating Tim Hagan in adecisive contest. Yet one of thehottest issues remains--whatabout “Taftquack?”

“Taftquack,” a creation of theHagan campaign first made hisappearance on a website attaftquack.com in early Septem-ber. While this site was not thehomepage for the Hagan cam-paign, a link led websurfers toHagan’s site. The “Taftquack”character is a cartoon compos-ite of a duck’s body and Taft’shead, with a duck bill, that whenasked questions squawked,“TAFTQUACK,” in a nasalvoice. The duck’s body andvoice were highly reminiscent ofthe popular AFLAC televisionspots, also featuring a duck.

A number of spots includingthe “Taftquack” figure were runby Hagan. Taft eventually incor-porated the idea into some of hisown spots, featuring a differentduck. See TAFTQUACK, page 2

Reviewing the BarReviews

Veterans Day Primer

The program also includessmall groups of program partici-pants studying with teaching as-sistants. “Under the small groupmethod, students will learn toanalyze facts and think clearly,”said Williams. Williams notes,however, that the program is notdesigned to be a review sessionof any particular course.

Rather, the program seeks toprovide students with the assetsneeded to practice as an attorney.“The purpose is not to teach sub-stance, but skills,” said Williams.Additional goals include studentretention and an improved barpassage rate.

“The students who were in-vited were invited based uponGPA, LSAT and other consider-ations,” said Williams. Atten-dance has not been a problem tothose extended an invitation. Ac-

cording to Williams, approxi-mately 75 percent of those in-vited participated in the volun-tary program.

The program is not offered toevery first year, Williams admits.“There is a limited budget for theprogram and teaching assistantsmust be paid.” It is hoped thatthe program, as well as the bud-get that sustains it, will grow.

Enthusiasm in the project isshared by Associate Dean JackGuttenberg. “We think it canhelp a lot of people do better.”

C-M officials believe the pro-gram can bring in excellent can-didates whose capacity to excelin law school are found in quali-ties other than high GPA andLSAT scores. The program isdesigned to bring in applicantswhose personal qualities evincepotential for success.

By James LucasSTAFF WRITER

In the admissions process, candi-dates vie for a limited number of seatsin the nation’s law schools. Admissionofficials weigh undergraduate GPA andLSAT scores. However, a new programimplemented by C-M emphasizes fac-tors including the candidate’s life expe-riences and ability to overcome adver-sity.

The Academic Success Program wasintroduced by the Department of Stu-dent Affairs this semester for 1Ls. Ac-cording to Assistant Dean for StudentAffairs Gary Williams, similar programshave been around for years.

“Beginning in 1992, law schoolsacross the country started to becomeinterested in ‘nontraditional’ admits,”said Williams. “More was taken intoaccount than just GPA and LSAT scores.The whole person was looked at ratherthan principally numbers.”

By Donna M. Holland andChristopher FriedenbergSTAFF WRITERS

On the heels of another suc-cessful Moot Court Night, twoCleveland-Marshall teams fin-ished the Regional Finals of theAmerican Bar Association’s an-nual National Moot Court Com-petition with the top two briefs.

Team Two, 3Ls Mark Gould,Rhonda Porter and Don Herbewon the best overall brief in theregion with their “BestRespondent’s Brief.” Team One,3Ls Renee Davis, MichaelHunter and Danielle McGill, fin-ished with their the number twobrief in the region, “BestPetitioner’s Brief.”

Because competition rulesindicate that only one team fromthe same school may advance tothe National Competition inNew York, the two C-M teamsargued against each other for thechance to move on. Team Twowon, and will advance to the

In memory of 3L Frank Cwiklinski, the Gavelpresents his “Veterans Day: A Full

History.” Cwiklinksi was aVeteran, and explainedNov. 11’s significance inthe Dec. 2000 issue of theGavel. OPINION, PAGE 7

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With an ever increasingemphasis placed onpassing the bar and barpreparation, studentswant one thing: to learnwhat will be tested onthe Bar.

Does C-MProgramming academic success

Moot Courtteams hitwith one,two punch

See MOOT COURT, page 2

Shortly after learning ofSenator Paul Wellstone’sdeath, consumer-advocateRalph Nader delivered thekeynote address of the EqualJustice Works Public Interest Turn to page 4 for more.

CAREER, PAGE 4

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Bar/Bri? Rossen? PMBR?What is the difference, anddo the differences reallymatter? When it comesto bar reviews, whichgives an edge?

ShouldKnow

ShouldKnow

YouYou

By GAVEL STAFF

Law Career Fair and Confer-ence in Washington, D.C. C-M students and faculty wereon hand to network and learnfrom stand-outs in the field.

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AFLAC cries “foul”over political squawk

Soon after the “Taftquack”website debuted, AFLAC filedsuit in the Northern District ofOhio. AFLAC accused Hagan offederal trademark infringement,as well as trademark dilution.Judge Kathleen O’Malley, whowas assigned to the case, heardoral arguments on the issue ofboth a temporary restraining or-der (TRO) and a preliminary in-junction (PI). After the dust hadsettled, Hagan was victorious,but the fight may not be over.

The driving issue of the caserevolves around the trademarkdilution cause of action createdby federal statute. To be success-ful in a trademark dilution causeof action, the plaintiff must showthat the mark is famous, that theuse by defendant is commercialand causes “dilution of the dis-tinctive quality of the mark”through “blurring” or“tarnishment.” On all of thesecriteria, O’Malley found in favorof AFLAC at both the TRO andPI hearings. There are howeverthree exceptions to the statute, in

Prep me

Passthe Bar?

Nader weighs in

2Page

November 2002LawLawTHE GAVEL

By Steven H. SteinglassResults of the July 2002 Ohio

Bar Exam were posted Nov. 8.With this in mind, it seems a

good time towrite aboutwhat C-M is do-ing to preparestudents for theBar.

The BarExam, like lawschool, is diffi-cult because theprofession andthe public de-mand it be diffi-

cult. There is too much at stakefor it to be otherwise, but everyC-M student has the ability tosucceed in law school, to passthe Bar Exam and become an ac-complished attorney.

In recent years, C-Mstrengthened our program of le-gal education to make passingthe Bar more likely. This in-cluded expanding the first-yearLegal Writing and Research Pro-gram, introducing a third re-quired semester of legal writing,strengthening our program ofacademic assistance and usingmore bar exam-type testing. Weresisted grade inflation, urgingfaculty to use the full range ofgrades.

There are encouraging signsthat these measures are effective.For example, the 2002 graduat-ing class had a 74 percent passrate. Moreover, first-time passrate on the July 2002 Bar Examfor the full-time students whoentered in 1999 was 84 percent.

The most significant thingwe learned is that the best pre-dictor of success on the BarExam is success in law school.For the last six graduatingclasses, the pass rate of studentsgraduating with at least a 3.0GPA was 91 percent, while therate of those with a GPA lowerthan 3.0 was 47 percent.

Our review of bar perfor-mance reveals that, in the lastthree years, part-time studentshave not done as well as full-time students. On the July exam,83 percent of our full-time stu-dents passed, while only 65 per-cent of our part-time studentspassed. Because part-time andfull-time students are admittedbased on identical criteria, webelieve the disparity is best ex-plained by the different obliga-tions these groups face. Never-theless, for both part-time andfull-time students, the messageis the same:

Students should make prepa-ration for the Bar the highestpriority. Take a review course,take time off from work, saygood-bye to friends and familyand study, study, study.

TheDean’s

Column

Campaign catch-phrase raises noncommercial speech issues

Duck ruffles feathers

Continued from page 1--finals in late January.

Before their competition success, MootCourt members sparred before a hot bench ofdistinguished jurists at C-M’s annual showcaseof its Moot Court program on Nov. 7. The Hon.James G. Carr and Hon. Patricia A. Hemann‘80, both of the United States District Court forthe Northern District of Ohio, and Hon. AnneL. Kilbane ‘76, Ohio Court of Appeals, 8th Dis-trict presided.

Petitioner’s Counsel, Hunter and McGill,squared off against Herbe and Porter for theRespondent on Fourth and Eighth Amendmentissues. Team members withstood intense judi-cial scrutiny from a bench who demonstratedcommanding knowledge of the questions pre-sented.

Upon conclusion of the arguments, the courtheld for the Respondents. The three judge panel

declared Hunter best oralist of the tune-up for the Regional Finals.

After oral arguments, Vincent T.Lombardo ’81, was presented with thesecond annual Moot Court Alumni of theYear Award by Prof. Steven Werber.Lombardo has been an active C-M LawAlumni Association (CMLAA) memberfor many years.

As a strong advocate of Moot Court,Lombardo volunteers to judge practicerounds for Moot Court teams. Upon re-ceiving the award, Lombardo invited cur-rent law students to participate in MootCourt, which he called “the crown jewelof Cleveland-Marshall.”

The Moot Court program is adminis-tered by its Board of Governors, 2 and3Ls who won membership through intra-mural competition. Governors participate

in five to six interscholastic appellate ad-vocacy competitions annually, includingthe National Competition. Prof. StephenGard serves as Nationals team advisor.

According to Moot Court Advisor,Prof. Karin Mika, C-M teams hold a na-tional reputation for excellence based ontheir successful performances, as illus-trated by numerous first place team andbrief awards over the past 20 years.

Last year’s C-M team of NancyBerardinelli ’02, 4L Denise Salerno andPeter Traska ’02 placed in the final fourof at the 2002 Nationals.

According to Mika, Moot Court com-petition is tight. Over 100 1Ls submittedwriting samples last year and only 16 areinvited to present oral arguments. Onlyhalf of those oralists garner Moot Courtmembership.

MOOT COURT: Lombardo receives annual Alum Award

Continuedfrom page1--which a nor-m a l l ydilutive workis allowed.C r i t i c a lamong theseexceptions isthe provisionp r o t e c t i n g“ n o n c o m -mercial use”of a protectedmark.

In addi-tion to this is-sue, many is-sues of first impression wereraised regarding the construc-tion of the statute itself. Thefirst issue was whether politi-cal fund-raising was a “com-mercial” act. On this,O’Malley found againin favor of AFLAC,citing many caseswhere nonprofitactivity had beenfound to be“commercia l ’under the mean-ing of the statute.

This left onlythe question of howto define the excep-tion. When Congressexempted “noncom-mercial” use from thestatute, what exactlydid it mean? If the useof the trademark must be“commercial” in nature toeven meet the first part ofthe dilution test, then what ex-actly is the “noncommercial”speech referred to in the excep-tion?

On this question, the battlelines were drawn with FirstAmendment rights on one side

and intellectual propertyrights on the other. AFLACinsisted that because “com-mercial use” was necessary toactivate the statute, the excep-tion must have a different

meaning and be narrowly defined.Despite its political nature, be-cause “alternate forms of expres-sion” were available, Hagan hadno right to use the AFLAC mark.Hagan countered that his speech

was politi-cal, and wasthus entitledto the high-est level ofpro tec t ionunder theF i r s tA m e n d -ment.

O’Malleyturned to thelegislat ivehistory to re-solve this is-sue, con-cluded thatp o l i t i c a lspeech, as

exemplified by the First Amend-ment guarantee that created theexception, had an even greaterentitlement to protection than theexpressive or artistic speech ex-amples given by Congress.

Despite Hagan’s win,AFLAC did not walk awayempty. During the course of thearguments over the preliminaryinjunction, the bench raised theissue of “mootness.”

AFLAC argued stronglyagainst the issue being ruledmoot, citing the never endingstring of campaigns, and thelong reaching effect of the rul-ing on the value of its mark.Hagan countered that the issuewas limited solely to the cam-paign at hand, and that therewould be little value to Haganof arguing the case after the elec-tion.

O’Malley ruled not only wasthe issue not moot, givingAFLAC a right to a full trial onthe issue, but that the issue ofmoney damages had not beenaddressed at all. AFLAC has notindicated whether it intends toappeal the verdict or to com-mence with a full trial.

If the use of the trademarkmust be “commercial” innature, what exactly is“ n o n c o m m e r c i a l ”speech? The battle lines

were drawn with FirstAmendment rights

on one side andintel lectual

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other.

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Bar PassRates Up

Taftquack’s resemblance tothe AFLAC duck raisedConstitutional issues.

THE GAVEL ����� LAW NOVEMBER 2002 ����� 3

Ulmer & Burne awards excellence in advocacyNotes

in BriefNotesin Brief

One of C-M’s newest 1Ls, fmr.U.S. Rep. Mary Rose Oakar.

216.687.4533GAVEL@LAW.CSUOHIO.EDU

LB 23

Be a part of the biggest paper onEast 18th Street .(south of Superior)

We may not be as prodigious as thePlain Dealer, but we are the most accessiblepublication our law students produce.

And recently, the most successful.

Writers, photographers, illustrators,

Join Us.

Come to our meeting andstaff training session,

Tuesday,Dec. 3 at 4 p.m.

2L C-M students BrendanDoyle, Siegmund Fuchs,Christos Georgalis, BryanKostura, Susan Parker-Taylor,Leopold Wetula and Dean Will-iams were awarded the 2002Ulmer & Burne Moot Court As-sociate Member ScholarshipAward.

The recipients, all of whomare members of C-M’s MootCourt Board of Governors, wereselected based on overall briefwriting and oral advocacy skillsin last spring’s 1L Moot Courtcompetition.

“The recipient of this awardis a testament to each of the stu-dents’ hard work, skills and dedi-cation,” said Maria Citeroni, anassociate with Ulmer & Burne,and manager of the award pro-gram. “ The recipients receive acash stipend as part of the re-ward.”

Citeroni was one of the firstaward recipients when she wasa C-M student. “The programhelps to prepare student’s for thereal-life appellate courtroom ex-perience,” said Citeroni. “Therewas no experience that was more

valuable and gratifying thatmy membership on MootCourt Board of governorswhile I was in law school.”

VISITING SCHOLAR

First Amendment RightsAdvocate and Professor of Me-dia Ethics and Law at the Uni-versity of Minnesota, Jane E.Kirtley visited C-M Oct. 17 aspart of the 75th Cleveland-Marshall Visiting Scholar’sFund. Kirtley delivered the Vis-iting Scholar lecture entitled“Secrecy and Security are notSynonymous: Freedom of thePress in the Post 9/11 World.”Kirtley also met with students,taught a joint-ConstitutionalLaw class in addition to speak-ing with C-M alumni.

ON THE AUCTION BLOCK

The Women Law Students’Association held its annual silentauction from Nov. 13 throughNov. 15. Items being auctionedoff ranged from art work, sportsmemorabilia, bar review coursesand dinner with numerous C-Mprofessors. WLSA has yet to an-

nounce its total funds raisedthrough the event to the C-Mcommunity.

2L IN NATIONAL NEWS

2L Carl Rose is featured in anarticle of the October 2002 issueof National Jurist, “Blindness nobarrier to legal success.” In thearticle, Rose is quoted as saying,“It’s a great occupation for thevisually impaired. We get paid totalk and write.”

SBA FUND ALLOCATIONS

SBA awarded funds this yearto the following organizations:Asian/Pacific Islander Law Stu-dent Association ($1000), BlackLaw Students Association($3,500), Delta Theta Phi($1,500), Environmental LawOrganization ($800), the Gavel($3000), Hispanic Law StudentAssociation ($100), International

Law Student Association($100), The Journal of Law andHealth ($1,200), Law Review($500), Moot Court ($500), Stu-dent Public Interest Law Orga-nization ($2,500) and WLSA($1,500).

“LAW DAY” AT THE INN

On Nov. 8, 12 C-M studentsand Pamela Daiker-Middaugh,attorney for C-M’s Law andPublic Policy Program, spentthe day at the Friendly Inn Com-munity Center on the near eastside. The purpose of their visitwas to participate in “LawDay,” providing children withinformation about college, lawschool and legal careers.

NEW COURSES IN SPRING

CURRICULUM

Two professors from acrossthe pond will be teachingcourses in comparative law inspring semester. Prof. and DeanIreane Lynch-Fannon of theUniversity of Cork, Ireland willteach the Employment LawSeminar: US/European Com-parisons. Prof. Julian Webb of

Westminster University in Lon-don, England will teach a courseon Comparative Legal Process.

Lynch-Fannon’s course willexplore EU structure, labor mar-kets and laws, comparing them totheir counterparts in the UnitedStates. This is the first time thiscourse will be taught at C-M.

Webb’s course will explorethe legal traditions of commonlaw, civil law and variousschemes of indigenous law froma comparative perspective.

SBA SOCIAL SCENE

The SBA held two well at-tended social events outside of C-M in the past month. On Oct. 31,C-M students packed Becky’s forSBA’s Halloween Party. Most re-cently, C-M students headeddown to the Warehouse DistrictNov. 16 for SBA’s pre-finals so-cial.

Compiled by Colin Moeller.

Tips for Notes in Brief may be

submitted to the Gavel at,

687.4533, or via e-mail,

gavel@law.csuohio.edu

4Page

November 2002

By Amanda PaarSTAFF WRITER

Armed with a variety of freebies frompens and highlighters to mints and mugs,bar review course representatives are amainstay in the C-M student lounge.These gifts are enticing, but when it comesto crunch-time, which course providesthat extra edge?

Choices include Bar/Bri, Rossen andPMBR.

According to their websites, bothRossen and Bar/Bri bar review courseshave lectures available. Howard Rossen’64, was one of Bar/Bri’s founders andupon the expiration of a non-competeclause, his son, Marc ’95 established theRossen Bar Review in early 2001. Rossenhas a staff of Ohio-based faculty, includ-ing many C-M professors, while Bar/Brihas national and regional faculty.

Bar/Bri and Rossen both use DVDhome study courses and offer free DVDplayers upon course completion. Freeadmission to Ohio Bar Review lecturesis also provided with the Bar/Bri homestudy course. Rossen provides a web-based training environment for theMultistate Bar Exam (MBE) with noextra software required.

Rossen lectures offer six in-classpractice essays administered and gradedby Ohio attorneys. Rossen also providescopies of past bar exams with samplestudent answers. Bar/Bri offers a six-hour simulated MBE. Simulated examsare computer graded against up to35,000 other Bar/Bri students nation-wide.

Rossen is noticeably more “Ohiospecific” than Bar/Bri. The Ohio-basedRossen staff provides an Ohio essay and

Bar reviews put to the test, which course is right for you?MBE approach to potential Multistate sub-jects. While Bar/Bri also provides Ohiomaterial, it balances its state-specific sec-tion with material focused on the MBE andMultistate Performance Test. Accordingto Marc Rossen, the Practising Law Insti-tute is Rossen’s multistate supplementalworkshop and is offered to clients withoutcharge.

PMBR’s mission is MBE preparation.PMBR claims it is not in competition withthe rival bar reviews. Rather, it defines itsofferings as a supplement to those coursesand does not cover the same material thatRossen and Bar/Bri respectively teach.According to its website, PMBR createsits own questions. No authentic samplequestions from past bar exams are incor-porated into the PMBR approach. PMBRnotes that questions are never repeated, soit does not use retired questions. Despite

THE GAVEL

CareerCareerPatienceprevails injob searchBy Karin MikaLEGAL WRITING PROFESSOR

Q: When should 1Ls look for

summer jobs?

A: I think one of the primarymistakes that 1L students makeis trying to decide who they willultimately be during the first

week of school.Sometimes youlock yourselfinto people andsituations that

are the worst of all possible deci-sions in the long run. The samegoes for that first summer job.

I won’t say don’t keep youreyes open, but I will say, don’tjump too quickly at the first thingthat you see because you fear youwon’t get anything else. Takeyour time and see what’s outthere, but if you see somethingthat you truly don’t want to do,check back again a little later tosee if there is something moresuitable. Also, put all of that onhold if and when it impedes yourstudies.

The first semester, especially,is a time to concentrate on yourstudies and solidify your knowl-edge base. After all, you have tofigure out what you know beforeyou figure out what you want todo with what you know. Not allclerking experiences are thesame, and you can really getturned off by the study of law ifyou wind up working in a fieldthat frustrates or bores you.

In addition, if you do have aset goal in mind, taking anythingthat comes along may set you upto have experience in the area andpigeonhole your future options.Don’t carve your destiny in stonetoo early. And, don’t think therewon’t be choices that might ar-rive after everyone else has seem-ingly already decided what theyare doing.

LegalWriting

PBMR’s claim of market neutrality, itboasts of a “competitive edge” over otherprograms based upon the scores and pas-sage rates of their customers.

PMBR lectures are administered con-siderably closer to the actual exam in or-der to “maximize short-term retention.”

PMBR claims that students whosupplement their bar exam preparationwith this course of study increase theirfinal scores by up to 20 or 30 points.PMBR further claims that on a one to 10scale, average PMBR questions are a nineor 10 in difficulty and focus on gaps inthe law, such as; “mortgages, perfectionof security interests in fixtures and ripar-ian water rights,” rather than a concen-tration on summaries of the major topicalareas such as contracts and torts. PMBRalso suggests that its techniques and strat-egies result in a successful bar exam.

4L English elected to Equal Justice Works top postBy Ed PekarekNEWS EDITOR

A cadre of C-M students traveled toWashington, D.C. for the Equal JusticeWorks public interest law career fairand conference held at the OmniShoreham Hotel.

Conference sessions on securingpublic interest employment, preda-tory lending, employment law andcivil rights law after Sept. 11 in-formed those in attendance. Stu-dents participated in seminars aswell as table talk sessions and in-terviews with prospective em-ployers. Ralph Nader deliveredthe keynote speech and 4LSandra English became presi-dent-elect of Equal JusticeWorks.

English, an SBA Senatorand former C-M BLSApresident, previously helda Midwest Regional Rep-resentative position withthe National Associationfor Public Interest Law(NAPIL), the predeces-sor to Equal JusticeWorks. English will servea two-year term as the renamedorganization’s chief executive and willsit as vice chair of its board of directors.She said her mission was “leading theorganization in its efforts to organize lawstudents across the country as membersof the leading public interest organiza-tion in the nation.”

Current C-M BLSA president, 2LMonique McCarthy said that Equal Jus-tice Works “did an excellent job of high-lighting the various areas within publicinterest law.” 2L Marisa Cornachio notedthere were an “exceptional number of em-ployers that turned out” and observed thatthe employers were “excited to be a partof such an event.” 2L Patrice Gonzalezsaid, “The sessions offered were infor-mative, providing basic information forthose beginning their public interest jobsearch.” 3L Anna Markovich said she

“found the speakers to be useful and enjoyedmeeting with employers during the table talksessions.”

Employers interviewing at the conferenceincluded the State Department, Securities andExchange Commission, Justice Department,Environmental Protection Agency, NationalOrganization of Women Legal Defense Fundand the noted civil rights law firm, Relmanand Associates. Senior partner John Relman

Public interest balances scales

has been an advisor to the C-M Fair Hous-ing Clinic as they prepare to test

the boundaries of theFair Housing Act be-fore the Court in City of

Cuyahoga Falls v. Buck-

eye Community Hope

Foundation.

The annual event at-tracts nearly 200 employ-ers and 1200 students andgraduates nationwide.

Ralph Nader deliveredthe keynote speech just mo-ments after learning of Sena-tor Paul Wellstone’s death.The fabled consumer rights at-torney gave a poignant keynotespeech that lacked his typicalanimation. Nader, who stumpedfor the right to reside in the WhiteHouse in 2000, made a ClevelandState University campaign stop thatyear organized by the C-M StudentPublic Interest Law Organization.SPILO also sponsored the C-M stu-dent trek to the District.

SPILO Advisor and C-M Pro BonoDirector Pamela Daiker-Middaugh andProf. Beverly Blair led the C-M con-tingent at the well-attended speech.Nader’s rhetoric was delayed due in partto his receiving the news that the Minne-

sota Senator and personal friend had per-ished moments earlier in a plane crash.Nader took a lengthy silent pause beforedelivering his remarks and was visibly dis-traught throughout his comments. Naderslogged through the speech, using a litanyof tragic examples of corrupt corporationsabusing U.S. consumers to incite the groupto zealously pursue careers in public in-terest law.

Equal Justice Works leads the nationin supporting public interest law in lawschools and among students. Throughcharitable donations, the group funds workby student and lawyers public interest lawprograms. The group was founded by lawstudents to provide legal aid to low incomeindividuals.

Nader used a litany of tragicexamples of corruptcorporations abusing U.S.consumers to incite the groupto zealously pursue careers inpublic interest law.

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ALL RIGHTS REVERT TO AUTHOR.http://www.law.csuohio.edu/students

Adviser Thomas Buckley

Anonymous 1LJay Crook

Christopher FriedenbergManju Gutpa

Donna Morgan HollandMichael Hudson

Tricia HurstKelly R. Johnson

James LucasGrant MonachinoMichele McKee

Carl MullerAmanda Paar

Lauren RobertsPeter RocheJason Smith

Staff

Printer Gazette Printing

Clare R. TaftEditor-in-Chief

Colin P. MoellerManaging Editor

Edward R. PekarekNews/Photo Editor

By Brian StanoSBA BUDGET COMMITTEE CHAIR

According to my high schoolpolitical science teacher, the pri-mary job of government is to de-cide who gets what, how and

when. In otherwords, governmentdecides where themoney goes. And

as Prof. Ammons will enthusias-tically remind her students, if youwant to find an answer to an is-sue, “just follow the money.”

As the chair of SBA Budget-ing Committee, I not only followthe money, but along with a com-mittee, decide how to distributeit among C-M student organiza-tions.

This year, SBA received fund-ing applications from almost allstudent organizations. After re-ceiving the proposals they aretaken into consideration duringthe budget allocation meeting.During this meeting, the Commit-tee considered several factors,including how the organizationserves the law school community,how many members the organi-zation has, how much funding theorganization received last year,etc. After the decisions weremade, the proposed budget wassubmitted to SBA Senate, whereit was quickly approved.

SBA had roughly $23,500 toallocate (almost $75,000 was re-quested). The Committee decidedto reserve approximately $2,900for new organizations, as well asa discretionary fund that SBA canuse to “cosponsor” a student or-ganization event.

In order for the organizationsto actually receive their money,they were required to read andcomplete an application packet,which included signing a contractpromising a detailed financialstatement to be submitted to SBAat the end of the year. So far, mostorganizations have complied, butas expected, some still haven’t.

Some organizations were dis-appointed by the allocations, butthat is what happens when thereisn’t enough money to go around.However, the most importantthing was to make sure that thedecisions were made fairly.

In other news, SBA purchasedtwo new microwaves for studentuse in the lounge. Due to electri-cal problems, we had to shutdown the old microwave. How-ever, we will soon place the oldone (which still works) where theother broken, old one currently is.

SBA is working hard to getDirecTV back into the studentlounge. The receiver was stolenlast summer, and once we obtaina new one, television program-ming will return (but with extrasecurity measures, of course).

CLEVELAND-MARSHALL COLLEGE OF LAW

CLEVELAND STATE UNIVERSITY

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OpinionOpinionTHE GAVEL

Having read the latest in-stallment of the “1L FirstYear Life” series, severalthoughts come to mind. It isa given that there are certain“types” of students that geton our nerves. Human be-ings simply are not capableof liking everyone they in-teract with. That luxury isreserved for big purple dino-saurs and Mr. Rogers. How-ever, I think that it is equallyuncommon to hold ill feel-ings toward everyone whoacts differently. The Anony-mous 1L seems to find faultwith the actions of those whodo not, like he does, sit qui-etly in the back of the classand refrain from interaction.He seems to think that the“know-it-all,” “freedomfighter” and comedian arefoolish, and those who con-form to such stereotypes aredoomed to fail.

Why is it that he feels thisway? I do not think it in er-ror to assume he does so outof feelings of inadequacy.Careful examination of thearticle reveals that the authorequates annoying behaviorwith talking out loud inclass. All of the stereotypes

he criticizes are extraverted. Ithink that the basis for theauthor’s feelings is that he desiresto have the same confidence inhis knowledge of the material asthese stereotypical individuals. Inother words, I think he might wellresent the fact that they are ableto voice their thoughts with suchease, while he hides in the backof the classroom. The only waythat he can reconcile his sense ofself-worth in the face of his fearsis to assert, quite arrogantly, thathis actions are those of the trulysuccessful law student, and thathe is the “person we need to fearthe most.” I think the self-justifi-cation of such a statement isreadily obvious.

I believe that if the authorthought about why he behaves theway he does, sitting quietly in theback of class, he would find thatit is his way of dealing with a newand unsettling environment.Furthermore, I think that the be-havior of those he identifies in thearticle is also a sort of defensemechanism. The “know-it-all”

might feel as if she must voiceher opinions to make herselffeel she knows what is going onin class. The comedian uses hisquips to make himself feel com-fortable. We are in this together,and I think we are all experienc-ing at least a little bit of fear anduncertainty that we deal with inour own way. It seems hypo-critical for the author to con-demn the methods of otherswhile applauding his own.

In the end, I think that thepeople who will succeed in lawschool are those who work hardand sacrifice. I hope the authorof the article chooses to studyduring reading week rather thanrely on his silent demeanor topull him through finals.

Incidentally, I too am thesort of person who generally sitsin the back of the room andstays out of the conversation,though I have chimed in a timeor two. I do not attribute my si-lence with genius, however, butrather to the fact that when Ihear the term “consideration,”I instantly go into a coma-likeslumber. Speaking of which, itis time to catch up on somesleep. Now, where did I put mycontracts book…

Christian Bates

TheGavelEditorialOpinion

EACH Noveber, the SupremeCourt of Ohio

announces the July BarExam results. Becausethere are more takers inJuly, this is the exam lawschool deans and adminis-trators look at to determinehow their school faresamong the competition.

Usually somewhere nearthe bottom of the law schoolheap with Capital Univer-sity and Ohio Northern, C-M’s overall passing percent-ages hover in the just below-state-average range.

Deans and administra-tors at each law school have

already crunched the numbers,ready to post them on brochuresand websites. However, a better

measure of how wella law school pre-pares students forthe Bar is in theclassroom, not inoverall percentages.

The averagestudent’s course selections provehe does not rest on his school’slaurels. Rather, he is relying onhis choice of classes and classwork to pass the Bar.

Lessons learned in Torts areusually long forgotten by the time2L begins, however, the founda-tion built first year can prove im-measurable three years later. Af-

ter finishing the Required CoreCurriculum, students pack theirschedules with “bar classes” inan effort to learn material thatwill be tested on the Bar. Inpractice, there are plenty of stu-dents who will never see theinside of a courtroom, but sitthrough Criminal Proceduretheir third year to prepare for thebar. Future litigators fill busi-ness law classes to make surethe first time they see a securedtransaction is in the classroomand not on the Bar.

Certainly, there are thosestudents who save bar prepara-tion for bar review courses.But, most of the seats filled inCommercial Law are students

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A Measure of C-M’s Success

opting for another bar course.Fulfill bar passage expec-

tations in the classroom, not inthe numbers. Impress studentswith the quality of the educa-tion received at C-M. When amajority of the class indicatesthey registered for Corpora-tions because it is tested on theBar, give them what they camefor. When students register forthese classes, they do so withan expectation that the upcom-ing semester will cover topicsbar examiners deem important.

There are many reasons forthe low overall pass rate at C-M. The likely cause of C-M’slow rate is the high number ofrepeat takers from C-M. Sta-tistics show that the more timesan individual takes the Bar, theless likely he is to pass.

Rather than excuse the lowoverall pass rate with more de-mographics and rates to match,

C-M must show students that theschool is doing all it can by teach-ing adequate bar preparation inthe classroom through the topicscovered and exams administered.

While law school is more thana three-year bar review course, theemphasis placed on first time pas-sage, coupled with the relativelylow passage rate in Ohio, forcelaw students into that mentality.Practical learning and practiceadvice are valuable and appreci-ated. But, in the student’s mind,those lessons will remain lessvaluable than the elements of abattery until the Supreme Courtof Ohio recognizes their importand includes them as one of thetested topics on the Bar.

THE GAVEL � OPINION NOVEMBER 2002 � 7

The following is the third in

a six-part series following a first

year C-M student from orienta-

tion to spring exams.

We are approaching judg-ment day. Finals are almost here.

I have mixedemotions about fi-nals. In general, Ifeel unsure aboutwhat to do, and thatonly leads to anxi-ety. And the prepa-ration and studying for finals issomething that I am not lookingforward to at all. But, in sometwisted way, I am looking for-ward to taking exams.

While most of my professorshave given some guidance as towhat to expect, I still find my-self wondering what the finalsprocess will be like. Somepeople tell me finals period is oneof the most stressful times any-one will encounter, while other

people tell me that it really is notthat bad.

I think the most difficult andstressful part about finals is thepreparation period. I currentlyfind myself playing catch-up.During the past couple months,I have been prepared for class,but I fell a little (OK, a lot) be-hind on outlining. Now, my goalis to get all my outlines done atleast before reading period.

I try to justify this procrasti-nation by telling myself that do-ing the outlines late in the semes-ter will reduce the time neces-sary to actually study during theweeks proceeding each final.My hope is that because the in-formation will be fresh in mymind, once I begin studying, Iwill not have to do quite as much.While I may be kidding myself,I plan on studying seven hours aday during reading period.

However, I am finding that

By Grant MonachinoSTAFF WRITER

Check the stats, but Nov. 5was the first time in history thatboth the House and Senate gainedRepublican seats, in a midtermelection, while a Republican wasPresident. What happened thefirst week in November to sparkthis unprecedented occurrence?

The economy is down, corpo-rate America is corrupt and thebudget went from surplus to defi-cit. Somehow, in the midst ofthese weaknesses, Dubya’s ap-proval rating is staying extraor-dinarily high, and Republicanseverywhere are riding his coat-tails to victory. Why couldn’tDemocrats capitalize on theseshortcomings of the Bush Presi-dency? One obvious answer isthe “War on Terrorism.” SinceSept. 11, the primary focus of thiscountry and the President hasbeen this “War.”

I think Americans accepted acertain degree of economicdownturn and corruption to per-severe in this new “War.” Not tobe misunderstood, I believe this“War” is a priority, and I wouldinclude myself as one of theAmericans that accepted theslumping stock market. But whydidn’t Democrats focus and cam-paign on these issues?

The discrepancy between Re-publicans and Democrats is evenmore apparent in Ohio. Arguably,Ohio is historically a Republicanstate, but not enough to say itconcedes to the Elephants. Ohiodoesn’t exactly have a boomingeconomy.

The Plain Dealer recently re-ported Ohio public education asbeing one of the most expensivetickets in the nation. Even thoughthese shortcomings are part andparcel to the Taft-era, the OhioDemocratic Party’s challengerwas a campaign fund deficientTim Hagan. How did Taft getaway with the high cost of edu-cation and the regressingeconomy?

With so many CSU studentsoutraged by the possibility of atuition increase for the U-Pass,you would think the younger de-mographic would voice their dis-approval of high education coststhrough their vote. A recent CSUStudent Government Associationsponsored voter registrationdrive, however, resulted in fewerthan 100 registrations; not theprojected figure in the low thou-sands. Although this does not in-dicate the attitude of youngervoters throughout Ohio, it mayexplain why one of Taft’s majorcampaign platforms was lowerprices for prescription drugs.Older people vote.

All this said, I am not a pro-ponent for either party, butNovember’s elections warrantnotice that history was made, na-tionally, and “Taftquack” was allthe Democrats could muster inOhio.

outlining is not an easy process.The main problem I am havingis effectively organizing the out-lines. Furthering this is the un-certainty that I have encounteredwhen talking to different 1Lsabout their outlines.

It seems like for every per-son I speak to, I hear a differentview as to “the right way” tooutline. Most students tell metheir outlines are 40 pages each,while mine are in the 15-pagerange. Am I doing somethingwrong? While it seems as if Ihave all the concepts included ineach outline, I am trying to findout what I am missing.

While the preparation is, andwill continue to be, less than en-joyable, I look forward to the ac-tual test-taking. When I startreading each exam, and panicsets in, I know I will question mydecision to attend law school.

Hopefully, the initial feeling

Outlining panic and exam-phobia grip pre-exam 1Lsof hopelessness will fade,and I will do my best. Thatis my goal. If I miss a con-cept that I did not study, I willnot be upset. But, if mynerves get to me, and I for-get to write about concepts Iknew, I will be disappointed.

Once the two weeks areover, and finals are complete,it will be time to enjoy thetime off and relax. However,these weeks will remainstressful, as we wait to re-ceive our grades.

These grades will tell usa lot. Is law school right forme? Did I do as well as Ipossibly could? Should I dosomething different to helpprepare for the spring exams?If I do badly on exams, thereare things I can change to bet-ter prepare next semester.Hopefully, I will not have tochange a thing.

1LFirst

Year LifePart I

The Gavel pre-

sents this piece in

remembrance of

Frank Cwiklinski,

Gavel Columnist

and veteran. The

piece originally

appeared in the

Gavel’s Dec. 2000

issue.

On Nov. 10,C l e v e l a n d -Marshall closedits doors to com-memorate Veter-ans Day. Thename of the holi-day seems self-ex-planatory, but howmany of us reallyknow what thecelebration en-tails? I admit,even after severalyears on activeduty, my knowl-edge was sparse.My own researchled me to thesediscoveries:

The first Veter-ans Day was actu-ally ArmisticeDay. It was cre-ated by PresidentWilson Nov. 11,1919, to com-memorate the one-year anniversary of theend of World War I. Armistice Day, how-ever, did not receive official recognition byCongress until 1926 and did not become anational holiday until 1938. Had the GreatWar turned out to be the “war to end allwars,” the holiday would have probably re-tained its original name. History, of course,proved otherwise. After World War II andKorea, President Eisenhower signed a billproclaiming Nov. 11 as Veterans Day, tohonor all Americans who have served intimes of war.

In 1968 Congress passed the UniformHoliday Bill, placing Veterans Day on thefourth Monday of October. The intent wasto provide Americans with four nationalholidays on Monday. Congress believed thatthese long weekends would encouragetravel, recreation and cultural activities andstimulate greater industrial and commercialproduction. Personally, I find the Congres-

Dems jumpship in GOP-aligned Ohio

Veterans Day:A Full History

To properly salute thosewho have given us a fu-ture, we must understandtheir holiday’s past

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sional reasoning rather misplaced, as manyyoung Americans were fighting in Vietnam,guarding the DMZ, patrolling the Iron Cur-tain and protesting for peace on the homefront.

In 1978, Veteran’s Day returned to itsoriginal date. Nov. 11 has more of a his-toric significance that the end of World WarI. The Great War ended on the 11th hour ofthe 11th day of the 11th month. The Tombof the Unknown Soldier was dedicated in1921 at that exact time at Arlington NationalCemetery. France and England held simi-lar ceremonies at the Arc de Triomphe andWestminster Abbey, respectively. These

ceremonies con-tinue today. At Ar-lington, the presi-dential wreath isplaced in front ofthe tomb as a trib-ute to the morethan one millionsoldiers who losttheir lives since theour Declaration ofIndependence.

This past Veter-ans Day had par-ticular significanceto the 16.5 millionAmericans whoserved in WorldWar II. Near theRainbow Pool onthe National Mallin Washington,D.C., 12,000people attendedt h egroundbreakingceremony for theNational WorldWar II Memorial.The speakers in-cluded PresidentClinton, WorldWar II veteran BobDole and TomHanks, who hasdedicated count-less hours to fund-

raising efforts after his involvement in themovie “Saving Private Ryan.”

“Democracy is never a final achieve-ment. It is a call to untiring effort, to con-tinual sacrifice and to the willingness, ifnecessary, to die in its defense,” PresidentKennedy once said. “The story of Americahas been written, in large part, by the deedsof out veterans—deeds that bind us to ourpast, inspire us in the present andstrengthen us to meet the challenges of thefuture.”

When I speak to World War II veter-ans, I am in awe of the sacrifices theymade. Many of these young Americanswent overseas for years, knowing theywould not return until the job was done. Itis unfathomable how different the worldwould be today if D-Day had failed, or ifthere were a negotiated peace with Hitler.Because of our veterans, democracy hasnever endured such a challenge.

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