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 6th Circuit American Bar Association Law Student Division Conference. Students from 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. The panels were comprised of successful attorneys, professors, and community leaders including Janet Welch, Executive Director of the Michigan Bar, and Representative Rick Jones of Michigan’s 71st district. The panels focused on how to become the best lawyer you can be.

The Community Leadership Panel focused on the importance of building a strong reputation so that you can be an effective community leader. Ms. Welch said, “Because you are a lawyer, you are a leader.” Attorney A. Seibert added, “The way you conduct yourselves in your everyday activities will be incredibly important to how you are viewed in your profession.” The panel also focused on how the media affects community leadership. When asked what the single most important piece of advice they wish they were given, Rep. Jones and Dean Charles Toy agreed that media training and knowledge is essential. Rep. Jones said, “If you’re 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, you must fi nd a cause that you are passionate about. Professor Hicks added, “Find your passion, then fi nd a mentor.”

The Diversity Panel focused on the importance of equity and fairness in the workplace. The theme was focusing on understanding culture, not only for clients 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 Regional Convention 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 Keára Richardson (2L - BLSA Fundraising Director); Cooley BLSA had an impressive showing in the chapter of the year competition. Sherrill, Keára, 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-fi nals and after a long fought battle were barely edged out of the semi-fi nals. Benaejah and Dennis were awarded Best Petitioner’s 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 law students can do to achieve a more diverse community: (1) take advantage of your school’s alumni database and contact alum in your hometown; (2) demand that law fi rms look beyond the “elite” schools; and (3) get involved in high schools and undergraduate programs and inspire students from diverse backgrounds who might think that becoming a lawyer is impossible. Dr. Vidu Soni added, “Just because you have a law degree doesn’t mean you have diversity competence.” Every lawyer and law student must do their part to achieve diversity and cultural competency in the legal profession.

The last panel discussed important issues for newly hired attorneys. The panel focused on the role that social networking sites can have in the employment process. They noted that it is not uncommon for prospective employers to Google your name. While the members of the panel agreed that social networking sites can be benefi cial for marketing purposes, they also stressed that all attorneys and law students should be careful with the information they are putting on the internet. Dean Toy said, “People watch you, they learn from what you do.” Attorney Robert W. Stocker II added, “You are in sales, you’re selling your skills.” How you act and the things

that 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 to Sara Hawkins, also a Cooley student, at the ABA Conference in New Orleans in March. The ABA/LSD hosts various events throughout the year, be on the lookout so 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, “I’m highly impressed by the organization, detail and professionalism I’ve seen in this

ABA converges at Thomas Cooley

2 The Pillar, February 24, 2010

THE PILLARThomas M. Cooley

Law School

300 S. Capitol, Room 307Lansing, Michigan 48901

517.371.5140 ext. 4009pillar@cooley.edu

Faculty AdvisorDonna J. McKneelenmckneeld@cooley.edu

Editor-in-ChiefCavita Sharma

sharmac@cooley.edu

Managing EditorAgnes Igodan

igodana@cooley.edu

Features EditorThomas Myers (AH)

myerst@cooley.edu

Assistant Features EditorChris Duczynski

duczynsk@cooley.edu

Sports EditorZakari Kurtz

kurtzz@cooley.edu

Advertising ManagerHoma Yahyavi

yahyavih@cooley.edu

Design LayoutASAP Printing

Staff Writers Tamee BaldwinRyan BallardHeidi Carroll

Emmanuella ColeIeisha Evans

MaryEllen FarrellTravis Hawkes

Christopher HigginsShane Hobbs

Michelle HorvathGabrielle Johnson

Tawni LaraEli Luna

ReeJade MitchellJeffrey Noe

Carter PerryWill Shapiro

Jessica SuttonJimmy Swinder

Dominique Vieille

Contributing Writers Marla Neufeld

Constantine BenetosJosh Hershberger

Bridgette WhitmoreChristopher ReedKirsten ShumwayShawn Donnelly

Pillar Copyright PolicyAll articles published in print and online with a byline are copyrighted property of The Pillar. The Pillar reserves exclusive rights for reproduction, both in print and online. Other reproduction or distribution of copyrighted material without the express written consent of The Pillar is prohibited.

DisclaimerThe views expressed by our staff do not in any way refl ect the views of Thomas M. Cooley Law School or its administration.

Submission RequirementsThe Pillar welcomes articles and other sub-missions for publication. All submissions must contain a signature and contact information. Submissions can be emailed to pillarsub-mission@cooley.edu, delivered to The Pillar Offi ce Cooley Center 307, or placed in The Pillar mailbox in the SBA offi ce. The Pillar reserves the right to edit for length along with the right to make fi nal editorial deci-sions.

LETTER FROM EDITOR

People crushed by laws, have no hope but to evade power. If the laws are their enemies, they will be enemies to the law; and those

who have most to hope and nothing to lose will always be dangerous. - Edmund Burke It has been two years since I stepped through the front doors of Cooley. The education I received from the professors, the experiences I’ve shared with my peers, is irreplaceable and invaluable. 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 in getting our fi rst jobs. The bar associations of our prospective states will determine if, based on our “character” we are “fi t” to practice law. Our professional standards should not only be

Letter From the EditorChris Duczynski, Staff Writer

governed by a set of rules – but by 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 their lives and liberties in exchange for our loyalty, faith and competence. Our profession is afforded many privileges – but the amount of professions that can claim such privileges are few – think doctors and the clergy. With these privileges, we have an even greater set of responsibilities. As our time here 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 our passion exuded during our waking hours. As the old proverb goes, if we do what we love then we’ll never work a day in our lives. Everyone we cross paths with will see right through us if we spend our days ‘just dealing with it’. If you fi nd a job that is

leaving you jaded, cynical and unsatisfi ed – consider a different legal career. Follow your passion, the paycheck will follow. If you are unsure of what your passions are, talk to attorneys and your professors, see where their inspiration came from. If you’ve found your passion, write articles on the topic, research leaders in the fi eld and remember to reach out. No one can help you if you don’t ask.

You will come across people that will be hostile towards attorneys – we make too much money, we free criminals to roam the streets, life would be easier without attorneys. What people do not realize is that we give a voice to the voiceless. Activist Gloria Steinem said it best that “law and justice are not always the same.” Without lawyers, who would check that laws are fair and uniformly enforced?

After we leave, let us not forget where we started. Together we fought our battles, term after term. I am happy to call Cooley my home and my peers, friends.

The Pillar Publication Schedulefor 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 Pillar welcomes 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 Offi ce Hours (Weeks 3-13) CC307

Starting (Week of Jan. 18) Ending (Week of March 29)

Students may drop off articles or even 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 pillar@cooley.edu

MondayAgnes 12-2 p.m.

TuesdayZak 4 - 6 p.m.Wednesday

Chris 4 - 6 p.mFriday

Cavita 1-3p.m.

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 come October is the start of the Detroit Red Wings hockey season. It’s a three-hour escape from law school that I look forward to every couple days during the week. Even though certain law school subjects seem to creep up while watching these games–the tax consequence of a player’s bonus, the assumption of risk when a puck defl ects into the stands, issues about immigration and work visas—it is not often that a professional responsibility (PR) question arises from watching a hockey game—until now. Many of the games that the Red Wings play in are broadcasted on a television station called Fox Sports Detroit (FSD). In between periods of the game, like most other sport broadcasts, FSD analysts dissect the game and offer commentary from a network sound studio. In the case of the Red Wings broadcasts, the action is “thrown back” to the “Call Sam Studio.” When I fi rst heard of the Call Sam Studio, two things went through my mind. My fi rst thought was the name of the studio was going to get a bit annoying, almost like a continuous commercial. My second thought was a legal one—could this be a PR violation? “Call Sam” is the tagline used by The Sam Bernstein Law Firm, a personal-injury law fi rm. The law fi rm is well known around the state in part because of the legal services that it provides, but more so because of its charismatic namesake and the catchy advertising that the fi rm has engrained into its image. Almost Pavlovian, when the name of Sam Bernstein is said, the immediate thought or response is 1-888-CALL SAM. 1-888-CALL SAM is not only the telephone number of the fi rm, but is also what all advertisements and individuals in the advertisement gleefully say after they explain how they have been helped by Sam. The notion of CALL SAM is so connected with The Sam Bernstein Law Firm

that a Google search of “call sam” will list the fi rm’s offi cial website as its fi rst hit. Figuring that the only reason the studio was called the “Call Sam Studio” was because The Sam Bernstein Law Firm paid to name the studio in an attempt to advertise its services, I dug out my PR outline to take a look at Model Rule 7.2 (c). The rule states that “[a]ny communication made pursuant to this rule [about advertising] shall include the name and offi ce address of at least one lawyer or law fi rm responsible for its content.”1 I fi gured that, even though “Call Sam” is so closely related to The Sam Bernstein Law Firm, the fact the full name of the fi rm was not given, nor the full name of a lawyer for the fi rm or offi ce address, would surely be offensive to the rule. But then, I remembered that this was just the model rule. Looking to Michigan’s adopted PR rules, and the rule pertaining to lawyers and advertising, I learned that Michigan does not require that the name of the lawyer even be in the advertisement.2 So I started to look at a few other advertising rules that I thought would be applicable, such as the rules about solicitation, unjustifi ed expectations, and references by those not familiar with the law fi rm’s work. However, I focused on Michigan’s PR Rule MRPC 7.2(c)(i) which states that “[a] lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may pay the reasonable cost of advertising or communication.”3

Figuring that the naming rights to a studio for a professional sport are a bit more e x p e n s i v e t h a n purchasing an advertisement in the Yellow Pages, on a bus, or even airtime for

a commercial, I contacted FSD to investigate the cost of purchasing naming rights to a studio. While Marcia Turner, FSD General Sales Manager, could not release the specifi cs of the contract that created the Call Sam Studio, she was able to provide general information that confi rmed my initial hunch. According to Turner, the cost to purchase the naming rights for a studio range from $200,000 to $1,000,000 and usually requires a multi-year commitment.4 While the price for the naming rights could include the right to name anything from a high school state-broadcasted event to one of Michigan’s four professional athletic team’s offi cial studio, it would be a logical assumption that the more recognizable the event, and the more frequent the event, the more likely that the naming rights

would fall on the higher end of the spectrum. With over 80 games in the regular professional Red Wings hockey season and a dedicated fan base, it would then follow that it is likely that The Sam Bernstein Law Firm is paying close to a million dollars per year, in a multi-year contract, for just this one advertisement. If that is the case, then I would argue that one million dollars for a single advertisement must violate the standard of reasonableness inherent in MRPC 7.2 (c)(i). Trying to see if the Michigan Bar Association had issued any advisory ethics opinions about what would constitute a breach of this reasonable-cost standard, I found that the opinions did not specifi cally give a dollar amount for what would be considered unreasonable. I attempted to contact The Sam Bernstein Law Firm for a comment on this article and to ask if they thought that their advertisement on FSD violated MRPC 7.2 (c)(i). I was told by a legal assistant named Ed that the individual that could comment on this, or make any offi cial comment, was a gentleman named Mark Pickolo, who was currently “recuperating from surgery,” and would be “out for a few weeks.”5 While Ed stated that he was “unable on [his] level to help [me] at all,” he did state that the fi rm was “scrupulous 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 Obama’s health-care reform is requiring that all Americans have health insurance1 or face a fi ne. However, critics argue that the United States Congress does not have the constitutional power to enact such a provision.2 They fi nd 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 Congress’s 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 Court’s interpretation thereof—any 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 fi nd 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 Congress’s 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 infi nitely expansive.9

Opponents argue that the practice of medicine is not commercial in nature, but is for the maintenance of one’s 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 The Pillar, February 24, 2010

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. I’ve 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, I was surprised to discover that the U.S. Court of Appeals hears oral arguments on either the third or fi fth fl oor of the very same courthouse. So, last week I went to work as usual, but pressed the button for the fi fth fl oor instead and entered the courtroom for the Court of Appeals. Both the court security offi cer 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 clerk’s 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 a trial courtroom isn’t 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 the black robes – even if the attorney does not particularly like the question. One of the attorneys refused to answer one of the judge’s questions, because it wasn’t 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 fi rmly repeated the question. On the fourth re-iteration of his question, she fi nally 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 fi rst 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 law clerks, who I am almost positive were IM-ing their judges.

Also after viewing oral arguments, I’m 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 me painfully 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 I’ve 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 it’s no consolation to those attorneys, not that they need consolation, or maybe it’s not even nice to insinuate that they need consolation, because after all, I would probably wouldn’t 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).

The Pillar, February 24, 2010 5

CAMPUS NEWSCarnival in Vienna - A Time to

CelebrateDominique 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 season of Carnival. In parts of East and South Germany and Austria, the carnival celebration is called Fasching. Carnival is a festive season which occurs in the coming weeks before Lent, and a majority of the main events are usually around the second or third week of February. The celebration of Carnival typically involves a public celebration, such as fi reworks, or parade combining some elements of a circus, mask, and public street party. People often dress up or masquerade during the celebrations, which mark an overturning of daily life. For Americans, it is the closest Europe has to Halloween - minus the trick or treating. In Vienna, the Carnival celebration begins with the Vienna Opera Ball (or Wiener Opernball in German). The Vienna Opera Ball is an annual Austrian/ Viennese society event which takes place in the building of the Vienna State Opera on the Thursday preceding Ash Wednesday. Together with the New Year Concert, the Opera Ball is one of the highlights of the 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 are removed from the stalls, and a new fl oor, level with the stage, is built. The dress code is evening dress: white tie and tails for men and fl oor-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 can’t get into the celebration can at least watch it from home and have fun judging what everyone is wearing. Like Carrie Bradshaw once said, “We all judge. That’s 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 the States we call it “Fat Tuesday”. On Tuesday, as I headed to work in the morning I noticed people in the streets wearing costumes, dressed in bright colors, or wearing wigs, already celebrating. Several department stores 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 offi ce, one of the senior partners brought Krapfen to celebrate Fastnacht. Faschingskrapfen are much like a paczki but are fi lled with the famous apricot marmalade called Aprikosenmarmelade and are dusted with sugar. So before we started our work we all gathered in the kitchen and enjoyed a small celebration. Personally, I was celebrating and thankful for the amazing opportunity of getting to work and live in this amazing city. Going home at night, I was just in time for the nightly celebration of fi reworks. As I made my way down the main street the sky was fi lled with the crackling of fi reworks and the laughter of children and adults alike. As I looked at the sky, I couldn’t help but smile. After all, life is a celebration.

Delta Theta Phi Helping the Community

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 Law School 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 Phi’s 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 term’s VIP Party to that cause. This term’s 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 term’s 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 in the lobby of the Cooley Center and library. Be sure to tell your friends and come out March 4 and 8!

6 The Pillar, February 24, 2010

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 fl yers with the event information in the SBA offi ce.

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 clarifi cation. Otherwise the minutes were approved, with changes.

Onto offi cer 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 hasn’t received all student activity fee funds yet so the number may actually be slightly lower than what the available balance refl ects. If groups are going to be requesting money in the coming weeks, it is best to do so before week 12. Once fi nals are underway it will be diffi cult 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 affairs Brendan 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 80’s 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 if we bought 20 tickets, we would get 10 free. The tickets would be resold to students for $3. Also, planning for the annual fall Barrister’s Ball has begun. The Barrister’s 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 year’s Barrister’s 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 Barrister’s 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 term’s scholarship essay topic is going to be and will be releasing the information on Monday, February 22nd. Professor Vuletich, Professor Hastings, Shannon Acklin, and committee chair 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 Barrister’s 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 fi rms 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 evening’s presentation. The Entertainment chair will obtain the evening’s 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 Barrister’s Ball budget, motion passes.

Grand Rapids Senate Report Heidi 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 benefi cial 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 Women’s History Month on March 2nd at 5:30 p.m. in room 529. Historian Jo Ellyn Clarey is coming to speak about the fi rst Grand Rapids female attorney Elizabeth Eaglesfi eld. 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 Cooley students 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 WLAM-GR@cooley.edu 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.

The Pillar, February 24, 2010 7

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 Haiti’s 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 unoffi cial, 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 diffi cult 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 fraternity’s goal at 35

Delta Theta Phi Sponsors Blood Drive 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. Cultural anthropologist 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 fi rst time the ‘SBA Black & White Social’ as their fi rst event of the Hilary 2010 Term on Saturday February 13th, at The Hamilton Room in Birmingham. Students got a chance to dress up and guests enjoyed raffl e prizes, appetizers from Chen Chow and Quattro, a private cash bar, and a DJ throughout the evening!

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

150 students! The SBA presented Professor

Nussbaumer an overdue and much appreciated THANK YOU and a 25th anniversary award! Students participated in a fun-fi lled raffl e and were able to raise a total

revenue of $900 for Haiti Relief!

The purpose of the SBA is to promote and facilitate activities that promote professionalism and the SBA Social was a great opportunity for students to network and socialize with one another, professors, the SBA Executive Board, 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 your articles, perspectives or experiences to Constantine, editor of the “Globe Trotter” at Benetosc@cooley.edu. 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

And now, you can get Kaplan PMBR’s supplemental MBE courses

as part of our full service Complete Bar Review Course.

*In Kaplan PMBR’s surveys of its July bar exam students in 2007, 2008, and 2009, students who took the Kaplan PMBR MBE Foundation and/or MBE Final Review course reported that they found Kaplan PMBR’s MBE practice questions to be more like the actual MBE than BARBRI’s. MBR04896

Every Point Counts

In most states, the MBE portion accounts for 40% to 50% of your overall bar exam score.

Many who fail the bar exam miss getting a passing score by a small margin.

So answering a few extra MBE questions correctly can make the difference between passing and failing the bar exam.

more test-likethan our main competitor’s.*

Year after year...bar takers rate Kaplan PMBR’s

supplemental MBE course practice questions

8 The Pillar, February 24, 2010

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 to discuss 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 Cooley’s 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 Scott and 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 fi nd 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 fi nd that the reform effort is rooted in the impact that insurance premiums and unpaid medical bills of the uninsured have on the 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 Congress’s taxing and spending power may impact health-care reform.21 Supporters of the mandate argue that the fi ne collectable by the IRS for not complying with the mandate is well within Congress’s 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 fi ne was solely to raise revenue, it could pass as a general-welfare provision; however, if it appears that the fi ne is set 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 federal mandate for the purchase of health insurance would be voted down by Congress 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 at http://www.whitehouse.gov/the_press_offi ce/Remarks-by-the-President-to-a-Joint-Session-of-Congress-on-Health-Care/. See President Barack Obama, Remarks by the President to a Joint Session of Congress on Health Care (Sept. 9, 2009), available at http://www.whitehouse.gov/the_press_offi ce/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 Threat to Liberty, L.A. TIMES, Jan. 20, 2010, available at http://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, available at 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 at http://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 at http://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 2.10 See Napolitano, supra note 7.11 See id.12 See 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 at http://www.washingtonpost.com/wp-dyn/content/article/2009/11/18/AR2009111802697.html.

13 See Robert A. Schapiro, Opinion, Federalism is No Bar to Health Care Reform, AT-LANTA J. CONST., Nov. 2, 2009, available at http://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 13.15 See id.16 See id.17 See Mark A. Hall, Letter to the Editor, Health-Care Reform is Constitutional, WALL

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

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

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

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

The Pillar, February 24, 2010 9

CAMPUS NEWS

Under the Federal Rules of Evidence, hearsay statements are usually kept from a jury because it is likely impossible for the jury to calculate the trustworthiness of the statement – all they can do is try and decide whether the declarant is lying.1 But there are many exceptions to the hearsay rule. The excited utterance2 is treated in the court room as a ‘well founded’ hearsay exception3; however, in light of recent discoveries in the fi elds of Psychology and Neurobiology, it is becoming clear that excited utterances are not so reliable, and the trusty foundation used by the court to justify it is becoming meaningless. After all, what good is trust without truth?

There have been many arguments supporting this position. Explanations range from hormones to stress to panic, and though all of these are right, to one extent or another, in our practice, we prefer to subscribe to Occam’s razor: when there are multiple explanations for one thing, deference must be given to the simpler one. And the simplest reason that the excited utterance should not be trusted is cortisol. But perhaps this is putting the cart before the horse.

A common misconception about memory is that it is a distinct entity. For example, most people believe that we are all equipped with a memory, and that this memory is produced from an intake of the senses and that it is simply stored somewhere waiting to be recalled. But the process of consolidating memory is served by multiple systems and various parts of the brain – most notably the amygdala and the hippocampus which are part of the limbic system.4 Upon receiving sensory information, the amygdala determines what and where memory fragments received from the senses are to be stored in the brain; consequently, the amygdala is also involved in the secretion of hormones like cortisol as well.5 The hippocampus on the other hand sends memories out to certain parts of the cerebral hemisphere for long-term storage and also retrieves them when necessary.6 What we call a memory is not one thing: it is multiple nerve stimuli that are fi rst recognized and then consolidated by the brain.

Cortisol is a chemical hormone secreted naturally by the adrenal gland

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

in response to stress.7 The adrenal gland is not in the brain, but it is controlled by the limbic system. When we encounter an exciting or stressful situation, our body reacts immediately; however, another common misconception is that as soon as we are challenged by stressful or exciting stimuli, we resort to the primitive “fi ght or fl ight” response. Actually, the fi rst thing that we do is freeze, and when we freeze we naturally narrow our focus.8 Under high-stress situations we are unable to distinguish important details from unimportant ones, and we resort to primitive use of our limbic system instead of the high powered reasoning of our neural cortex.9 Once the limbic system kicks in, all of our responses are reactory and without much (if any) refl ection. Such seems to be the justifi cation for the courts treatment of excited utterances – they are reliable because the declarent has no time to consciously manipulate what their experience.

In order for the excited utterance to be allowed into evidence, the statement must be spontaneous or impulsive (among other things) as opposed to being the result of careful refl ection or deliberation.10 Courts treat excited utterances as an exception to the hearsay doctrine precisely because they are made without refl ection:

“Statements made while under the infl uence of a startling event are considered reliable because excitement is thought to still the refl ective capacity and give rise to trustworthiness. Commentators have noted that excitement may also give rise to error, but this has generally not detracted from the admissibility of these statements.”11

Both the court and the commentators are right; however, the commentators are closer to the truth than the courts are. Though it is true that excited utterances are made without much (if any) conscious refl ection, the unconscious physiological process’ that takes place in the brain is inherently mysterious to us. In fact, recent investigations are showing that when cortisol is released to the brain, it actually inhibits cognitive functioning.12 To be clear: while in a situation of elevated stress, the brains ability to index memory

or recall it properly is hindered by cortisol,13 and our perception of the stressful event becomes much cruder, lacking any specifi city or complexity.14

Incoming stimulus such as sight (registering in the brain as a nerve stimulus) is partially processed by the thalamus which is part of the limbic system as well. 15 These sensory perceptions are rough and basic, so the information is sent to other areas of the limbic system, like the amygdala and hippocampus, for processing and coding.16

Sensory perceptions like what we see are really just electric impulses that register and travel via neurons.17 Neurons are the informational highways of our brain, like telephone wires with various terminals along the way. Neurons link each part of our brain which allows our brain to communicate with the central-nervous system; Neurons are specialized to transmit electronic information throughout our bodies.18

The hypothalamus (also part of the limbic system) regulates the adrenal glands.19 The adrenal glands are responsible for the secretion of hormones, most notably cortisol.20 Cortisol is secreted in high amounts during the body’s fi ght-or-fl ight response and is itself responsible for counteracting stressful changes to the physiology of the body.21

So when high amounts of cortisol are secreted during a high-stress situation and begin to race through the brain, nearly the entire limbic system is involved all at once. The incoming electric stimulus provoking the excited utterance, or alternatively the messages sent out from the hippocampus to retrieve the coded memory, is competing with the cortisol and may be broken up or even changed on its way to processing . This cortisol-induced inhibition of the nerve stimulus can result in coding errors or even false recall (utterance) of a properly formed memory. And this limbic process is completely involuntary and happens with no conscious refl ection or chance that the potential declarant will contrive or willfully manufacture his own version of the events.

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

itself done involuntarily and without refl ection; however, this does not guarantee the truthfulness of such a perception and its subsequent recall. The courts justify excited utterances by saying that they are trustworthy because they are spontaneous and made without refl ection. But isn’t the umbrella purpose of the rules of evidence to uncover the truth of the matter at hand?

The court is now faced with the issue of separating trust from truth, because sometimes they are two different and competing concepts. As investigations in Neurobiology and Psychology continue to uncover the mysteries of the human brain, studies are showing that just because something 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 defi ning marriage as between one man and one woman. The debate will be held in the auditorium on the 6th fl oor 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 Marriage Joshua 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 Reco nstructed Memory, 4 Psych. Pub. Pol. and L. 1110, 1111 (1998).

5 Regina Bailey, Limbic System (visited on February 9, 2010), h ttp://biology.about.com/od/anatomy/a/aa042205a.htm.

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

Microglial Cell A ctivation by Cortisol, 25 July 2000, 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

Scien ce And Social Psychology Teach Us About Teaching Law Students To Make Ethical, Professionally Responsible, Choices, 23 Quinnipiac L. Rev. 643, 679 (2004).

10 Fed. R. Evid. 803 (2), see also U.S. v. Clemmons, 461 F.3d 10 57 (8th Cir. 2006).

11 4-803 Federal Rules of Evidence Manual 803.212 Leslie Lark in 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, Making Connections: Teachi ng and the Human Brain 17 (Ronald S. Brandt, ed., Dale Seymour Publications 1994) (1991).

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

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

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

Sci entifi c America, Vol. 264 at 78-85 (February 1991).

18 Kendra Van Wagner, What is a Neuron? (visited February 9, 20 10), http://psychology.about.com/od/biopsychology/f/neuron01.htm,.

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

Hea lthy (up dated January 12, 2010), http://stress.about.com/od/stresshealth/a/cortisol.htm.

21 Id.

10 The Pillar, February 24, 2010

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

Hilary 2010

Litigation Banquet

March 13th, 20106th Floor Temple Building Auditorium5:30 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 Offi ces

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 accepting donations to Eve’s 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 counseling spaces

• Journals!!!!! Non-Residential Program

• Daily, Weekly and Monthly planners

• Spiral Notebooks• Black Shirts Size L or XL• Cleaning Supplies• Personal Needs• Women’s Socks• Women’s underwear

sizes 7-10

Ongoing Needs• 30/33 Gallon Trash Bags• Paint, Paint and more

Paint!• Paint Roller Covers,

Painters Tape, Trim Brushes and PAINT!

• Shampoo & Conditioner, Body Lotion

• Liquid Dish Soap

The National Best Selling Author, David Bach, shares a story about a person attempting to schedule an airline fl ight to Paris, but in his frantic voicemail he fails to tell the travel agency the departure city and is, unfortunately, stranded the next day. If you don’t know where you are, how can you get to your destination? The same holds true for fi nances. How can you realistically achieve a goal if you do not know where your starting point is located? Most of us have trouble keeping up with outlines, classes, and extracurricular activities; the last thing we can do is effectively manage fi nances without a solid plan. If you had a blank sheet of paper, could you list every bank account, student loan, interest rate, asset, and liability accurately? Probably not.

The fi rst step is to obtain a current credit report. Every consumer should know the contents of their credit report. It is a great starting point to see where you are fi nancially. When the information is reported accurately, a credit report gives snapshots of credit lines and current total debt. Whether you have color-coded fi les for all of your fi nancial documents, or utilize the shopping bag method, the most crucial part is organizing all the documents with fi nancial data.

Bach recommends an electronic system, such as Quicken.

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

However, to begin, he also suggests a simple fi ling method using fi le folders labeled: (1) “Tax Returns”, (2) “Retirement Accounts”, (3) “Social Security”, (4) “Investment Accounts”, (5) “Savings and Checking Accounts”, (6) “Household Accounts”, (7) “Credit Card Debt”, (8) “Other Liabilities”, (9) “Insurance”, (10) “ Family Will or Trust”, and (11) “Children’s Accounts”. Once all these documents are organized it is easier to complete a fi nancial summary worksheet or an “inventory planner”. Bach proposes some basic information to consider in the “inventory planner”. The fi rst section, cash reserves, will list accounts, current balance, and interest rates. Included in the cash reserves, list and organize any fi xed income, such

as stocks, annuities, and brokerage accounts. Second, categorize all retirement accounts by company name, type of plan, approximate value, and the percent you contribute. It is also important to document dates of employment and know who the benefi ciary is on the account. Self-directed retirement accounts are listed in section two as well and include IRAs, Roth IRAs, SEP-IRAs, and SAR-SEP IRAs.

Third, document real estate regardless of whether or not you rent. If you own a home calculate the approximate value of the house, loan-to-value ratios, loan specifi cs, and taxing authorities. The fourth category is estate planning. Law students should have a will or living trust in place and know exactly where to obtain this information for family members. Bach also proposes that life insurance and tax planning information is slotted in under estate planning. The beauty and practicality of an inventory planner is invaluable.

The fourth category in the inventory planner is cash fl ow. Cash fl ow is a fl uid amount that will change (hopefully) after graduation. In the mean time, you should track an estimated monthly income, annual income, and expense, which are the basics of accounting principles. One of the goals is to determine net cash

fl ow and net worth. To determine net cash fl ow subtract the amount spent from the amount earned after taxes. Net worth is easily calculated by subtracting total liabilities from total assets.

Goal setting is vital to fi nancial health. It can be challenging to determine fi nancial objectives when swimming in student loan debt, but simply ask: what are my current fi nancial goals and objectives? If there are pressing fi nancial concerns, prioritize those and use reliable resources for help when you need it. Anticipate and plan for major life changes that will require money after graduation – bar prep courses, emergencies, medical costs, and a six month reserve for living expenses. Overall, refl ect on the fi nancial decisions that produced positive outcomes, and those which you would do differently – this is your opportunity!

Napoleon Hill was a master motivator who said that to achieve your dreams you have to focus on what you want your life to be about. Hill studied some of the most successful people of his time noting that prioritizing time, effort, and money will lead to success and fulfi lling those dreams.

The Pillar, February 24, 2010 11

COMMUNITY NEWS

I’ve bought two cars in the last month. One for me, one for my daughter. By doing two days of negotiating, I saved myself in excess of $3,000. If you want to save money on your next (fi rst?) car purchase, read on.

1. Nobody pays sticker. Don’t be duped into paying what the sticker price says. The sticker price means nothing when you’re buying a car. Find out what the dealer’s invoice price is (lots of services will do this—Consumer Reports is one). This information may cost you a bit to buy, but it’s well worth it. Use the dealer’s invoice price as where you start negotiating. Negotiate up from there, not down from the sticker.

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 you’re negotiating only one variable. This will be either be the purchase price of the car you’re 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 infl ate one to make it seem like you’re getting a great price on the other.

3. Don’t tell them what they need to know 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 fi xed. 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 good strong 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 didn’t 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. Don’t go to only one dealer, even if you think your fi rst 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 I’d

How to Buy a CarOlen Noe, Contributing Writer

already been offered $7,200. The next couple of dealers low-balled at $6,000 and $6,500. The next one made a fi rst low-ball offer of $6,000. I told him I’d already been offered $7,400 and was still shopping. He asked if I’d buy from him if he matched $7,400. I told him he’d have to do better. That’s 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 it’s justifi ed or not, car dealers don’t have a sterling reputation for ethics. Maybe they don’t try to trick you, but buyer beware. Know what your payment should be. Read contracts. Question what doesn’t make sense. When I bought my fi rst car right out of undergrad, I walked into my loan closing knowing what my payment should be. When the payment wasn’t what it should be, I questioned it. As it turns out, the “F and I” (stands for fi nance and insurance) guy had “mistakenly” added credit life and credit-disability insurance to my loan. I had told my salesman I didn’t want this. The F-and-I guy tried again to talk me into it, but I told him I didn’t want it. He then said he wasn’t sure I could close on the car that day if I wanted this “change” made because he didn’t 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 interest up 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 person’s purpose is to make money off you in every way they can. Don’t 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 proofi ng, GAP insurance, and extended warranties. The only thing worthwhile here is an extended 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. Don’t be afraid to walk away. You may not get the deal you want. Don’t be afraid to walk away. My dad was great at this. I recall as a teenager going with him to buy a truck. He didn’t 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 wouldn’t budge any farther. My dad said ok, wished the gentleman a good day and left. I couldn’t 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. I’ve put this lesson into practice many times. And I tell the dealer right up front also to give me their best deal because I’m going to shop around.

8. Don’t forget to get the best rate. Don’t 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—let’s say 5%. If the dealer can get someone 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 day’s time for each deal, but for the $3,700 I saved, it was well worth the time.

12 The Pillar, February 24, 2010

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 Rica’s 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 infl uential 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 Rica’s 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 with the 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, Tabacon’s 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 offers a variety of day visit packages, which allow you to spend time relaxing in the thermo-mineral springs, experiencing Costa Rica’s top spa, or enjoying a cocktail in one of the world’s 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 sail 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 fi ve 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 fl owers.( puretrekcostarica.com).

5. Surfi ng 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 qualifi ed 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 surfi ng. The staff at Waves, which includes some of the best surfers in Costa Rica, will have you surfi ng in no time. (www.wavescr.com). A laid back bustling town, Jaco has one of the most popular Costa Rican beaches. One of the town’s major attractions is the fantastic surfi ng, 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 fi nd 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 your new surfi ng 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 Tour’s white water rafting excursion. “Welcome to our offi ce,” the rafting guides exclaim as you fl oat 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 a leisurely hike with a professionally trained, well-educated Costa Rican naturalist guide through the exotic, bio-diverse tropical rain forest, Manuel Antonio National Park. No matter which direction you look, you are surrounded by amazing wildlife such as sloths, numerous species of monkeys, silky anteaters and iguanas just resting in the tropical rainforest. While strolling through the park, enjoy the songs of the various birds as they glide above you. And if you are lucky, you might spot one of the only 1,000 remaining endangered Mono Titi or squirrel monkeys, who are only located at Manuel Antonio. After a long walk in the park, sip a freshly cracked coconut while sitting on the white sand beach.(www.manuelantoniopark.com).

8. Specifi cs: Currency in Costa Rica: Costa Rican colon (CRC). Roughly $1US= 558.11 Costa Rican Colon. The offi cial language is Spanish. Traffi c in Costa Rica is dangerous, so be careful. Roads tend to have many potholes and are also full of twists and turns. Do not forget to bring your Dramamine and to call Sunset Tours to safely take you on your travels anywhere in Costa Rica. The drivers are profi cient in English, are knowledgeable about the destinations, and make travel through Costa Rica an enjoyable and safe experience.(www.sunsettourcr.com).

From studying for exams, to fi nding the perfect summer job, Thomas Cooley law students have enough to think about. As the warmhearted Costa Ricans jubilantly say: “Pura Vida!” which is the motto to live by during spring break. You will not fi nd the defi nition in Black’s Law Dictionary. Pura Vida, meaning “pure life”, really explains h ow Costa Ricans happily live each day to its fullest, as should you on your spring break “adjournment” as we say in the legal world.

The Pillar, February 24, 2010 13

COMMUNITY NEWS

Imagine being in Central Europe - 4000 miles away from home - and looking to get hired as a U.S. attorney. The idea sounds daunting, near impossible for most of us. I had the opportunity to speak with one such person.

Mr. Paul Fogo is an American attorney, whose journey to Poland began in 1997 when he enrolled in a summer study-abroad progr am - studying European Union Law and International Tra de in Krakow. That summer he fell in love with the country and everything it encompassed. After fi nishing his law degree at the C atholic University o f America in 1998, Mr. Fogo passed the Virginia bar and worked as a contract attorney durin g his fi rst year out of law school. With memories of Poland in mind, Mr. Fogo mailed out dozens of resumes to Polish law fi rms while wo rking in the United States, but received little response. Undaunted, Mr. Fogo fl ew to Warsaw where he knocked on doors; that resulted in interviews with 9 law fi rms and 5 job offers. Polish fi rms were attra cted by the idea of an American-educated attorney to assist them in dealing with their western-based clients as well as to expand their knowledge of the American legal system. For nearly 10 years Mr. Fogo has worked in Warsaw, Poland, where he primarily handles commercial real estate transactions. For the past 7 years Mr. Fogo has worked out of the Warsaw offi ce of Miller Canfi eld Paddock & Stone, with offi ces in the United States, Canada, Mexico, China as well as three offi ces in Poland. He

American Lawyer in Central Europe

Chris Duczynski, Staff Writer

offers the following advice for law students wishing to begin their legal careers abroad:

(I.) With large trans-national law fi rms feeling the pain of the global fi nancial crisis, focus your job search on medium size law fi rms that have multiple offi ces throughout Europe.

(II.) For jobs in Poland, target Polish based law fi rms that do not have international offi ces.

(III) Mr. Fogo sees an increasing demand in the area of Intellectual Property in Eastern Europe; and, general increased de mand for western trained attorneys in the Balkan states and further east into the former Soviet republics.

(IV.) For the students worried about their class rank and grades; European fi rms focus on your accomplishment s in the workplace and extracurricular activities. Grades are important but are not the determinative factor in the hiring process.

Mr. Fogo, still thousands of mile s away from Virginia, calls Warsaw home, where he is happily married and a proud father.

TREE (Vrikshasana)

Purpose: The ability to be relaxed and stable while standing on one foot requires the development of internal balance, physiologically as well as psychologically. This posture, while relatively simple, develops the body-mind connections that form the basis of all the standing and balancing postures.

Ready position:

Stand with your shoulders relaxed and your arms by your sides in a position of ease. Align the center of your feet so they are parallel and on axis with the centerline of your ASIS bones.

Rock forward and back, then side to side until your weight is centered over your arches. With your knees slightly bent to release hyperextension, exhale and release all holding in your buttocks, perineum, groin, and belly.

Entry and hold:

• Inhale, and as you exhale, engage mulabandha and straighten your legs. As a result, feel your feet press into the ground, your quadriceps lift, your chest raise, and your crown lift.

• Focus your gaze at a point on the ground about eight feet in front of you.

Yoga Homa Yahyavi, Ad Manager

• Shift your center of gravity over the centerline of your left foot at the same time as you bend your right knee and place your right foot as high on the inside of your left thigh as comfortable.

• Continue the intention of lifting in your chest and crown, and slowly raise your palms into prayer position in front of your heart (see fi gure 1)

• Hold and breathe at your edge of comfort.

• Once you are strong and comfortable, lengthen your arms up, straighten your elbows, and stretch up (see fi gure 2)

• Hold on this position, at the edge of your comfort. Smile to yourself

Return:

• Exhale, return your palms to your heart and then to your sides, return your right foot to the ground, release mulabandha, and relax.

REPEAT this for the other side.

**notes taken from Narvena Yoga school, BC. Canada

14 The Pillar, February 24, 2010

COMMUNITY NEWS

Symposium speakers will address a number of topics related to current issues in animal law. The purpose of the event is to educate attorneys, but paralegals, law students, and members of the general public are encouraged to attend. Highlights include:

· Updates on and successes from the Animal Legal Lifeline

· A look at practical considerations related to litigating animal law disputes and updates on torts related to animal law, by Julie Fershtman, vice president of the SBM Board of Directors

· A discussion of veterinary malpractice liability in the area of companion animals by Chris Green, vice-chair of the ABA Animal Law Committee

· A discussion of veterinary malpractice cases and developing and running an animal law practice by Bellingham, Washington based attorney Adam Karp, who has an extensive animal law practice.

· Thinking about legal rights for wildlife

The cost to attend the symposium is $20 for law students and $30 for attorneys and others who sign up on or before Monday, March 1. The registration fee after March 1 is $30 for law students and $40 for all others. Participants can register online, fax the registration form and credit card information to the State Bar at (517) 346-6365, or mail the form with check or credit card payment to:

State Bar of MichiganAttn: Seminar RegistrationMichael Franck Building306 Townsend StreetLansing MI, 48933

Materials will be available after the seminar for those who are unable to attend.

Questions can be directed to Anna Scott, SBM Animal Law Section chair, at (517) 663-7909 or anna.m.scott@gmail.com.

The State Bar of Michigan Animal Law Section

will conduct its annual symposium from noon to 5 p.m.

on Friday, March 5, 2010 at the Michigan State University

College of Law Castle Boardroom.

Join the members of the ABA for a panel presentation “Finding a Job in Today’s Economy: What the ABA Can Do for You” along with panel members of the “Small Firm & Solo Practice Fair” to learn what you need to consider before opening your own fi rm. Both panels will be speaking at a combined event on Wednesday, March 3rd beginning at 5:00 p.m. with a networking reception to follow. This presentation will take place at the Lansing campus in Room 911, but will be broadcast to the Grand Rapids campus in Room 305, the Ann Arbor campus in Room 114 and the Auburn Hills campus in Room TBA. Dinner will be provided at the Lansing campus. Reservations are required. Please contact the Career and Professional Development Offi ce at the location you would like to attend:

Lansing: (517) 371-5140, ext. 4110 or cpdoffi ce@cooley.edu Grand Rapids: (616) 301-6800, ext. 6709 or kowalkok@cooley.eduAnn Arbor: (734) 372-4900, ext. 8776 or edwardsn@cooley.edu Auburn Hills: (248) 751-7800, ext. 7778 or kirbyje@cooley.edu

The Pillar, February 24, 2010 15

COMMUNITY NEWSSuggestion Box

Sherida Wysocki, Staff Writer

Policies and procedures are set to accommodate and service our student body while addressing the smooth and effective business operations of the institution. To that end, we found it necessary to set Tuesday following exam week as the cut off date for late registration. Following are some of the reasoning behind the decision.

Financial aid funds begin to come in electronically to Cooley 10 days prior to the start of classes. The Financial Aid offi ce cannot adequately, nor timely, disburse funds until the late-add period ends. And, of course, we all know that getting your money in a timely manner is very important! This is the primary reason we moved the deadline to the previous term – so that we would not interfere with you getting your aid as soon as it is available. To hold up everyone’s fi nancial aid to accommodate a very few students who want to add later did not make sense to us.

Many of the courses are skills courses in which a good deal of information is provided in the very fi rst class. You miss this information, and you are immediately behind the eight ball.

If you add during the fi rst week, you may have already accrued one absence. As stated in the policy manual, “Classes missed by reason of late registration are treated as absences…”

Late registration affects your initial preparedness for the class. It is unprofessional and inconsiderate to the professor and classmates to show up unprepared. In the words of a wise sage, “If your beginning foundation in the class is not solid, the edifi ce is slanted.”

The prosecutors will likely say that Murray’s treatment of Jackson was so far from the accepted standard of care that it deserves to be punished as a crime. The defense, with expert witnesses of its own, will respond by saying that Murray’s treatment of Jackson does not amount to a crime punishable by years in prison.

As curious minds stay glued to Murray’s trial, the debate between all of these medical experts almost certainly will educate the American people about the extent to which some doctors are willing to sell themselves out to patients who can pay any price for the medicine they want. Should Dr. Murray have refused to treat the superstar as aggressively as he did? Probably. Would Jackson then have found another doctor to give him the drugs he desired? Probably. Is this a problem that extends far beyond Hollywood? Defi nitely.

We understand that, at times, this may not serve everyone. While this may be considered a diffi cult and unreasonable policy, it is consistent with fi rst professional and graduate-school practices. On a related note, it will assist you in preparing for the practice of law. Planning, being prepared, and knowing how to handle challenging situations and people with aplomb is part of the process you will fi nd necessary in your future career.

Enrollment and Students Services Response to Suggestion Box Submission:Q: Why can’t classes be added once the term begins?

A: Last month, one of the suggestions/comments that was placed in the suggestion box on the 2nd fl oor of the Cooley Center was: “I think students should be able to still add classes once the term begins.” In direct response to this is the administration’s reasoning as to why it is not feasible. The article is written by Assistant Dean and Registrar, Sherida Wysocki.

We appreciate the suggestions and comments by students thus far and encourage everyone to take advantage of the suggestion boxes located at each of our campuses. Let your voice be heard!

Unless you have been hiding under a rock somewhere, it is highly likely that you are at least mildly familiar with the involuntary manslaughter case launched against Michael Jackson’s last doctor, Dr. Conrad Murray. This case will bring the almost secretive world of celebrity medicine to the national forefaront. To many, celebrity medicine is known to involve “doctor-shopping” by famous or wealthy people until they fi nd a doctor willing to give them practically any drug they request.

Prosecutors in this case must prove that Murray was grossly negligent or reckless in the way he treated Jackson. In order to prove that Murray was negligent or reckless, this will require expert witness testimony from doctors and medical experts who can explain what the ordinary standard of care would be for a patient in Jackson’s condition in order to gauge whether Murray met or failed to meet the standard of a reasonable, prudent doctor.

Celebrity Medicine—What’s the Price?

16 The Pillar, February 24, 2010

COMMUNITY NEWS

OFF CAMPUS STUDENT HOUSING

SPECIAL!

RENT A 3 BEDROOM / 2 BATH HOME AT WALTON RIDGE FOR

JUST $900/MONTH ($300/BEDROOM).

LESS THAN FIVE MINUTES FROM CAMPUS, LOCATED

OFF WALTON BLVD., 1/2 MILE WEST OF OPDYKE

FOR MORE INFORMATION, CALL 248-373-3233 OR

Bmwr1360@aol.com

ROOM TO RENTand use of other rooms, treadmill, inversion table, sauna

I have One Bedroom up and with Bath and another full recreation room and a Bed and Bath down stairs.

2387 Lansbury Waterford MiWalton, Lake Angeleus Rd and Baldwin just off I-75.

$500 would consider less if roommate is clean and takes care and neat I have a very nice home plenty of parking etc. within 10 min or so to University

*Lifestyle information: Clean, neat and takes care of things. No parties. I am gone for work a lot so I need someone if the drive needs cleaning or fl oor cleaned if something gets spilled to clean it up. I do have a house keeper that comes in so I am not asking for a house keeper just common sense. but if you do, things around the house I would consider taking money off the rent. Just ask !

The Pillar, February 24, 2010 17

COMMUNITY NEWS

Recently, I have been in desperate need of a pocket-sized Navy to English Dictionary. For this reason, I have begun to compile the random, scribbled acronyms that make their way into the margins of all my notes, and I thought I might share some of the more useful phrases, but only FYSA (for your situational awareness).

Article 32 Hearing: Preliminary, probable cause hearing

GCM: General Courts Martial

Head call: to use the restroom.

SJA: Staff Judge Advocate, who advises the admiral or commander of the region on legal issues.

Government Trial Counsel: The Navy version of the Prosecutor’s Offi ce for a given region

RLSO: Region Legal Services Offi ce, the department that contains both the Government Trial Counsel and the SJAs.

Squid: slang for sailor or member of the Navy.

BOI: Board of Inquiry, convened to determine whether an offi cer should be separated from the Navy.

Admin Board: Administrative Separation Board, the enlisted version of the BOI.

Accused: Criminal defendant (unless appearing before an Admin Board or BOI, in which case the criminal defendant is referred to as the

Given the right audience, a “negative” can be positive.Elizabeth Smokay, Staff Writer

“respondent”).

NCIS: The CBS action drama that airs Tuesday nights. Just wanted to see if you were paying attention. True defi nition: Naval Criminal Investigative Service.

Deck: Floor

Bulkhead: Wall

XO: Executive offi cer of a command or unit.

NJP: Non-judicial punishment, one of the methods of punishment outside a courts martial.

Captain/Admiral’s Mast: A form of non-judicial punishment issued by the captain, admiral, or commander on a ship.

There is an overwhelming ratio of acronyms to “real words” in Naval conversational language and a strong inclination for “military-speak.” For instance, I say “three-thirty,” and “January 12th,” while the JAG offi cers say “fi fteen-thirty,” and “12 January.” However, I’m starting to accept it as a normal pattern of speech more quickly than I thought possible.

Although this is a slightly morbid mental image, it reminds me of the story in which a frog slowly boils to death in a frying pan of water. This occurs as the water is gradually heated up over a period of time, allowing the frog to adjust to each increase in the temperature, before he realizes he

is being burned. In a sense, I’m becoming attuned to the military jargon, and I no longer react to it with an internal “seriously?” as I might (I do not admit actually thinking this) have done in the past. For example, if I understand, I simply nod, and say, “ok,” “yes,” or even, “I understand.” I don’t say, “I’m tracking.” But, if you stop and think about it, not so very long ago, you might have thought that refl ecting on the habits of “a reasonable prudent person,” or the amazing abilities of the “fertile octogenarian,” or proposing a “26(f) conference” instead of a “study session” sounded more stilted that useful or reasonable. The truth is, given enough time, the terminology grows on you.

I recently felt like a delighted two-year old who accidentally stumbled upon a

behavior that in turn elicited a spontaneous and positive reaction in the doting parent. `Last week, I was asked a question, and absent -mindedly r e s p o n d e d “Negative,” because I decided some time ago that saying “negative” provided an interesting alternative to the boring “no.” To my surprise and automatic delight, this elicited a “very nice!” from the querying offi cer, and I realized that instead of just adding some pizzazz to the mundane one-word response, I had unwittingly used a phrase considered to be part of the

Navy jargon, and it fell on appreciative ears. Who knew – a negative can be positive – if the term falls on the right ears in the right context.

Navy fi ghter jet on display at the Smithsonian National Air and Space Museum that took off from the USS Bon Homme Richard.

View of the Potomac River from Mount Vernon, home of George Washington.

18 The Pillar, February 24, 2010

SPORTS NEWS

A 21-year-old Georgian luge racer, Nodar Kumaritashvili, died last week during a trial run at the Olympics in Vancouver. The tragic event triggered world-wide debate whether the ice track and the Olympic Committee are at fault.

Olympic offi cials blame the athlete. They point out that the racer’s lack of experience and expertise directly contributed to the fatal accident. This view is shared by a fellow Olympian racer, Ruben Gonzalez, who believes that it was a clear case of “pilot error.” However, Gonzalez also contends that a barrier protector would have prevented the death.

Following the accident, the Toronto Sun and Orange County Register argued for greater safety improvements. Both newspapers raised the issue

Olympian Luger Dies: Inexperience or Negligence?Shane Hobbs, Contributing Writer

of quality control, stating that the Olympic organizers did not take proper precautions which would have prevented Kumaritashvili’s death.

A legal question remains whether the family or estate of Nodar Kumaritashvili has a valid cause of action against the Olympic organizers or the course designers. The family does not wish to pursue a lawsuit, but of course this could change overtime.

Olympic athletes like the Georgian luger signed a waiver of liability against those involved with the event. By signing this agreement, the athletes assume the risks. So, as a general proposition, the luger assumed all the risks involved – including death. Thus he (through his family) is barred from bringing a claim. But, this “assumption

of risk” is not an absolute bar to recovery.

This presumption – assumption of risk barring recovery - may be overcome by a showing of recklessness or extreme negligence on behalf of the track designers or others involved. A professor at Duke Law School says that Kumaritashvili’s may have a case if it can be shown that event organizers “knew or should have known of abnormal dangers, but failed to make the track safe.” For instance, the conditions may be abnormally dangerous if the track organizers knew that the height of the wall was too low or that a protective barrier was appropriate as compared to similar tracks under similar conditions. These examples would be abnormal risks not inherent to the activity of luging, and therefore not assumed

by the participant. However, overcoming this

assumption of risk standard is diffi cult. The fact that the Olympic organizers made changes following the accident cannot be used as evidence of a problematic track. This follows our public policy to urge entities to fi x problems rather than worrying about the legal implications of such. Many believe that the track designers are at fault in the racer’s death, and media sources across the globe are crying foul against the Olympic event organizers. However, it is unlikely anything will come about regarding this tragic accident, furthering the notion that the legal system is not built on consensus or popularity.

The emergence of a very popular and consistent college fan base, along with the video game industry, apparel, DVD’s and other merchandise, has allowed the NCAA to continually profi t from the likeness of amateur athletes. The NCAA brings in over a billion dollars a year in revenue and gives nothing back to the college athletes. The discussion over whether college athletes should have their images used by the NCAA for commercial purposes AFTER they have left their institutions and moved on in life has been infecting the brains of great college athletes for years. Some moved on to play professional sports, others work as doctors, lawyers, insurance salesmen, gym teachers or even sell cars like Ed O’Bannon. O’Bannon is important here because he, unlike many other former NCAA student athletes, saw the NCAA using his likeness and decided to do something about it. After leading the UCLA Bruins to a championship as the team’s leading scorer, O’Bannon was drafted 9th overall by New Jersey as a lottery pick in the 1995 NBA draft. Knee injuries bothered O’Bannon, as he struggled to stick in the league for two years until he was released by

O’Bannon v. NCAA: Opening Doors for Your Kids????Zak Kurtz, Sports Editor

Orlando. Since his departure from the NBA in 1997, O’Bannon played pro ball in Europe, earned his college degree, and has since been working for an auto dealership near Las Vegas, where he lives with his family. One day, while playing NCAA Basketball 2009 with his friend’s child, O’Bannon noticed a stylish left handed point-guard with the same number he wore, playing on the “1995 UCLA Bruins” team in the EA Sports videogame. After making a comment about the similarities, O’Bannon’s teased and commented, “It’s a shame you’re not getting paid for that.” O’Bannon thought about those words for a little, before making the decision to sue the NCAA, and on July 21st of 2009. Ed O’Bannon, along with thousands of other former college athletes fi led a class action lawsuit against the NCAA in federal district court in San Francisco, California. Several weeks ago the fi rst ruling by the court was handed down and it was an important one. On Tuesday, Feb 8, the federal district court’s denied the NCAA’s motion to dismiss in the O’Bannon case. The implications of O’Bannon’s complaint surviving the NCAA’s motion and the court’s ruling

are huge for O’Bannon and student athletes in years to come. SI.com Legal Analyst and Vermont Law School Professor, Michael McCann said, “If O’Bannon and others prevail or receive a favorable settlement, the NCAA, along with its member conferences and institutions, could be required to pay hundreds of millions of dollars in damages, specifi cally because damages are trebled under federal antitrust law. A victory would also necessitate substantial changes in the relationship between the NCAA and student-athletes. Namely, the NCAA could be required to advise student-athletes of the importance of legal counsel and of ways in which student-athletes can obtain counsel. “ To put it simple, this decision could mean that your children could have a lot better “relationship” with the NCAA when playing collegiate athletics. This could mean the availability of legal advice from a lawyer before deciding to play college ball, future incentives, royalties, merchandising and apparel deals, and

much more. However, amongst all the hoopla with the courts early ruling, it is highly likely that this case settles outside of court like most of the litigation matters against the NCAA. The recent settlement in Oliver v. NCAA emphasized the NCAA likes to settle before an infl uential ruling against them can bring light on their business matters. This one is special because the plaintiff survived summary judgment and the discovery process was allowed to be conducted. A fi rst against the NCAA.

Ed O’Bannon has the spotlight on him again. Will he succeed like he did in the 1995 NCAA Tournament?

The Pillar, February 24, 2010 19

CAMPUS NEWS

SBA Barrister’s BallWhen: March 20, 2010

Where: Lexington Hotel

925 South Creyts RoadLansing, MI 48917

(517) 323-7100

www.lexingtonlansing.com

Ticket prices: $35/single, $65/couple, $250/ table of ten

Save the Date

Save Money with Kaplan PMBRSave Money with Kaplan PMBR

March Madness CouponMarch Madness Coupon

• $100 off Complete Bar Review• $100 off MBE Combination or

Foundation Courses• $50 off MBE Final Review

Course• $50 off 1L and 2L Success

Packages

Submit coupon with enrollment form and check or credit card to student rep or mail to Kaplan PMBR. Or call 800-523-0777 and refer to Great Lakes March Madness Coupon. Coupon cannot be redeemed online. Offer expires 3/31/10.

• July Bar-takers: enroll or pay your balance in March and save $$$$$.

• Coupon can be combined with ABA or NBLSA discount.

• Winter discounts available until March 11th…save even more money!

• Kaplan LSAT alumni discountavailable for Complete Bar Review.

• 1L/2L Success Packages each include outlines, multiple choice questions, and mp3 lectures for six core law school subjects. PLUS freeze today’s prices for future bar review courses.

Questions? Contact the Regional Director at Kathryn.Bielefeldt@kaplanpmbr.com or 517-282-2844

20 The Pillar, February 24, 2010

CAMPUS NEWS

What would you do when placed in a life-threatening situation? Would you risk your own life in an attempt to save the lives of so many others? Or would you run away and hide, hoping to save yourself, while guaranteeing others will not make it out alive? I believe that it is important to take a lesson from the actions of others. Sometimes, the lesson to take is to not act as another has acted. But other times, someone does something so courageous, so sacrifi cial, and so heroic that we all should take a lesson and learn by that person’s example. Would you be a hero?

On Tuesday, February 23, 2010, the school bell rang at 3pm, just like it had every other day. Middle school students grabbed their book bags and rushed out of the school doors, anxious to get home. Meanwhile, a 32-year-old man was walking through the school parking lot with a hunting rifl e. One 14-year-old student was just outside the front door of the school when he saw the gunman ask another student whether he attended that school. The student simply answered, “yeah”, and the

Math Teacher a Hero after Tackling Gunmanat a Colorado Middle School

Shane Hobbs, Contributing Writer

man opened fi re with a high-powered rifl e.

Moments later, a 57-year-old Math teacher named David Benke, who was monitoring the parking lot, noticed that the gunman was trying to reload his bolt-action rifl e. Benke realized his opportunity and charged at the gunman, tackling him to the ground. Another teacher jumped in as a third teacher pulled the gun out of the shooter’s reach. A pair of bus drivers hustled to the scene and helped Benke hold down the man. Someone else entered the scene with plastic “zip” ties and shackled the gunman’s ankles.

The gunman, named Bruco Strongeagle Eastwood, shot several students. Fortunately, no students have died as a result of the gunshot wounds, but one remains hospitalized in critical condition. Apparently, the gunman was a student at Deer Creek Middle School in 1992. The gunman has given no reason for the

incident. However, the gunman’s father said that his son “heard voices” and struggled fi nancially. He is believed to have a history of mental issues. Additionally, the gunman has an arrest record dating back to 1996, including incidents where he was accused of assault, domestic violence, driving under the infl uence, and threatening another person with a weapon.

Investigators said the gunman visited the school earlier in

the day but didn’t know why. He was also inside the school shortly before the shooting. He will likely face at least two counts of attempted murder.

Deer Creek Middle School is located in Littleton, Colorado, which is less than three miles from Columbine High School. The local sheriff, who is obviously familiar with tragic school shootings, hailed Benke as a “hero”. Benke, who is the father of 7-year-old twins and a 13-year-old girl, fought back tears and was thankful he was able to help out.

Benke was teaching at a nearby school when the Columbine school shooting occurred. Over the years, Benke has discussed a plan of action with his students in case such a tragic incident was to happen again. He would tell his students, “I just hope that I would have the courage” to do something.

We can all take an important life lesson from Mr. Benke’s heroic story. When faced with a similar life-threatening situation, if given the opportunity to save the lives of so many others, I encourage you to do one thing: be a hero.

57-year-old Math teacher, David Benke, hailed a “Hero” after tackling a gunman at his Middle School.

The Pillar, February 24, 2010 21

Mock Trial: Prison VisitDate: Tuesday March 9, 2010Time: Tour – 9 a.m. to 11 a.mLecture – 12 p.m. to 1 p.m.

Mock Trial will be venturing out to Ionia to visit one of their maximum security facilities. After there will be a lecture where Professor Bretz will inform us of the sentencing guidelines and a second speaker will tell us about scoring.

This event is limited to 40 people and it is a fi rst come fi rst serve basis. In order to attend you must fi ll out a LEIN form and read the appropriate attire document. Both of these can be found in the offi ce (CC305) or on the website under the events and community service tab on the social event page.

ENTERTAINMENT

Across

3. verb. Abate; abrogate.4. verb. Annul; abjure.7. noun. Abettor;

accomplice.9. verb. Carry away.11. noun. Desertion.14. verb. Extinguish.16. noun. Abandonment.18. verb. Concede; abide

by.19. noun. Accessory;

accomplice.20. verb. Accept;

acknowledge.

Down

1. verb. Avoid; bolt, depart.

2. noun. Abstainment; abstemiousness.

4. verb. Acquire, be derived, become due, become enforceable.

5. verb. Acquit; adjudge innocent.

6. verb. Amass; agglomerate; aggregate.

8. verb. Physically leave.10. noun. Arrest;

cessation.12. verb. Abandonment.13. noun. Address;

domicile.15. noun. Ableness.16. verb. Adjoin; attach,

be adjacent to.17. noun. Nonattendance.

CrosswordEli Luna, Staff Writer

22 The Pillar, February 24, 2010

COMMUNITY NEWS

MyBarSuccess.comDO YOU NEED HELP WITH YOUR COURSES?

As two Cooley Alumni, we’ve been in your shoes and know how to help. We excelled at Cooley, we passed the bar on our

first try and we’re currently practicing law. We can provide you with the tools you need to succeed.

We are the most affordable tutoring service on the market and we will get you results.

Whether you’re a first term student not sure what to do, a student on Academic Probation or one who is

on the Dean’s List, we will help make your journey at Cooley a successful one with our one-on-one and group tutoring packages.

My Bar Success is your key to success.

Contact Bill at (609) 816-9438 AmadeowLaw@aol.com

ORStu at (267) 934-0628

The Pillar, February 24, 2010 23

COMMUNITY NEWS

24 The Pillar, February 24, 2010