from the editor, 3 • opinion page, 8-9 • hearsay, 9 ......articles:mn bar exam, 10 • global...

By Carla J. Magnuson

On February 10, 2005, New Yorkcriminal defense lawyer and civil rightsadvocate Lynne Stewart was foundguilty on charges of conspiracy toprovide material support to terroristsand lying to the United States govern-ment in relation to her representationof the blind Sheik Omar Abdel Rahman.The charges stemmed from a statementof the sheik’s that Lynne Stewartreleased to the media in violation of aSpecial Administrative Measures direc-tive of the Bureau of Prisons where thesheik was imprisoned.

The lawyer had been under siege bythe DOJ since her indictment in thespring of 2002. Lynne Stewart, unlikethe other Stewart criminally heldaccountable for lying to the govern-ment, faces a stiff sentence of 20+years, the equivalent of a life sentencefor a woman of 65. Lynne Stewart’sconviction is particularly troubling forme because I look to her as a rolemodel and on two occasions I had theopportunity to meet Lynne Stewartand really like her as a person.

The first time I met her was inDecember of 2002 at a small reception

on the web at www.wmitchell.edu/current/nonacademic/student_orgs/opinion.html

Continued on page 2

William MitchellCollege of LawStudent Newspaper

Volume 19Mar/Apr 2005

Articles: Lynne Stewart, 1 • The G.O.O.D. Life, 1 • The Front Desk, 2 • Astrological Career Guide, 7Articles: MN Bar Exam, 10 • Global Community Spotlight, 11-13 • 1L Perspective, 14

Editorial: From the Editor, 3 • Opinion Page, 8-9 • Hearsay, 9

by Melessa Henderson

In my 2.5 year stint atWMCL I found most fellowstudents to hold extremelydivergent worldviews, butnevertheless views laden withidealism. Students here seemto really want to “make adifference,” “change theworld,” and carry many othergood-hearted mantras. Noneseem to hold the mettleworthy of the disdain practic-ing lawyers are so riddled bywith jokes and criticism.1 Sowhat is the change betweenstudents and lawyers in prac-tice? Is it just a myth thatthere are bad lawyers out

there? That may be, but therealso might be another expla-nation for the great disparitybetween the idealism individ-uals hold in school, andbehavior found in the realworld. I believe the reasoncomes down to just one four-letter word: DEBT!

Debt is a great cause ofstress, and plagues societytoday like no other genera-tion. Today the averagehousehold credit card debt inAmerican is $9,205.2 I haveheard of many a WMCLstudent that carries over$100,000 in just student loandebt. Debt is clearly an ineffi-

cient way to live life. If youhave a credit card racked upto $5,000 with an 18% rate,and only make the $100monthly minimum payments,it would be eight years and$10,000 later until the card isfinally paid off.3

Today, ours is not a battlewith swords and shields, butone of powers and principali-ties. We are slaves to thedesires that drive us intodebt. It is these desires thatwill cause the most idealisticto stretch our values to getthat one last deal done.4 Ourindebtedness and our desiresto have nicer things, a.k.a.

“keep up with the Jones,”cloud our judgment. That fineline between black and whitebecomes a gray middle groundwhen the choice comes downto just “bending the rules fora buck” or “repo man makes amidnight visit to your newLexus.” It is our debt that willcause us as professionals tocurb. The less debt we have,the more empowered we maybe to take the legal and moralhighroad.

The G.O.O.D life (Got Out OfDebt) is the best weaponagainst the travesties of DEBT.

Continued on page 4

The G.O.O.D. Life

Represent Wrong Client; Go Directly to JailThe Case of Lynne Stewart

prior to the Social Justicedinner held at WilliamMitchell by the Minnesotachapter of the NationalLawyers Guild (NLG).

She was the keynotespeaker and she graciouslyspent time with a handful ofstudents before the dinner.We talked about the injusticesof the criminal justice systemand how she came to repre-sent the blind sheik. Duringthe course of the conversa-tion, I went off on a tangentabout the “wilding” incidentin Central Park. I was goingon about how the woman whohad been subsequently rapedand murdered by the realCentral Park rapist might stillbe alive had he been putaway rather than the kidsthat had been wronglyconvicted for the crime. Ifthat were my family member,

I went on, I’d have beenreally upset and would wantto make the NYPD pay. SoLynne began to talk abouthow the episode had affectedthe NYC legal system and howthat, even though the realCentral Park rapist was a badman, he did not have to comeforward to clear the kids buthe did.

While she was talking Imade the startling discoverythat Lynne was part of thereal rapist’s criminal defenseteam and I felt like acomplete fool. Saving mefrom my embarrassment,Lynne graciously reassuredme that I could not haveknown because the team hadpurposely kept her name outof the paper because of herother legal troubles.

She noted that part of thedownside of being willing todo pro bono criminal defensework and being good at yourjob is you may be assigned a

case by the court that youwouldn’t necessarily volunteerfor.

The second time I metLynne was in October of 2003at the NLG national confer-ence hosted by the localchapter and held at theHoliday Inn at 7 Corners inMinneapolis. Because theconference was overHalloween weekend the localstudent chapters threw acostume party on the firstevening of the conference.Lynne and her husband – whohappen to be an interracialcouple – dressed as halfblack/half white jesters withthe understanding that eachwas the other’s better half.They made a grand entranceand were a highlight of theevening. I even received ahug of acknowledgement fromLynne getting smudged bymakeup in the process.

The point of my recollec-tions is this: Being a stand up

person, doing the jobassigned to you, the zealousadvocacy of a clientappointed to you, is not goodenough. If you make amistake, even if it is breakinga trivial administrative rule,the government can comeafter you. You are particularlyvulnerable if you are repre-senting an enemy of thestate. Even brilliant defenseattorneys like Michael Tigarwon’t be able to keep you safeif the government wants tomake an example of you. Forthose of you consideringcriminal defense work of apolitical bent, this is acautionary tale. For furtherinformation see Lynne’s web-site www.lynnestewart.org

The Opinion • April 2005

Lynne Stewartcontinued from page 1

By Stephanie Balmer

Sitting at the front deskgives one a unique outlook onwhat makes William Mitchellstudents tick. Some mightthink that the only thing thatkeeps us going is the howeverdistant prospect of using ourdegrees to make loads of cash.I would argue that we’re mucheasier to please.

I am continually amazed athow excited people get whenthey see chocolate in thecandy bowl. For those of youwho don’t know, Hershey’sKisses are better than theSecond Coming. Some mightsay it’s sad, but I prefer tolook at it as a group of peoplewho grab life with both hands– not only are we fortunate

enough to be engaged insome of the most rewardingintellectual endeavors of ourlives, but there’s CANDY, too!

It’s not all warm and fuzzywork, however. Front deskworkers are encouraged toacknowledge each and everyperson with a greeting and asmile. I personally am a hugefan of yapping away tostrangers, but even my exten-sive supply of enthusiasmdwindles after several hoursof saying “hi!” and beamingat folks only to be callouslyignored. You know when thenerd tries to talk to the hotchick in the hallway atschool, but the hot chick justrolls her eyes and turns away?Yeah, I’m the nerd. Telling

myself “he must be preoccu-pied” or “she’s just deep inthought” suffices for the first20 shut-downs, but the sensi-tive side of me eventuallyrises up in hurt anger – whotaught these people how(not) to interact? Perhaps thefolks who say hi back areMidwesterners like myself, orat the very least have beenproperly socialized. In anycase, I expect such self-absorption from thecompetitive over-achievers atthe U of M, but certainly nothere, where we’re supposed tobe thriving on the sense ofcommunity.

We’re also the first personpeople talk to when they callthe general phone number for

William Mitchell. This meansthat we get the good news:winning sweepstakes, freewindshield replacements, etc.I’m embarrassed to say thatsometimes I want to not domy homework so badly thatI’ll go along with them forsome time before I tell themthat it’s a school and I’m justa student worker answeringthe phone.

Sometimes I wonder wherestudents are from and whythey dress the way they do.No, I’m not being mean – I’mgenuinely curious. I’m fromDuluth, so anything beyondjeans and fleece is out of myleague. My mom and sistermet me at school a couple

Observations from the Front Desk

continued on page 6

On December 23rd I wasrecovering from finals, finish-ing my long paper andpreparing for the holidays. Itwas bitterly cold, so I wassimultaneously frosty andtoasted. I was out walking mydogs on Nicollet Island, abucolic stroll in the heart ofMinneapolis. Getting into mycar I was distracted by multi-ple police cars’ lights flashinga block up the street. Becausemy mind was toast, and myreflexes were slow to respond,it took me a minute to turnon my headlights. Just sohappens an extra police carnoticed my reflex problem,pulled me over and ticketedme for driving without head-lights, and for good measurehaving frosty windows. Stillfrosty/toasty I was diggingthrough my glove box andcouldn’t find my most recentinsurance card. I had threeyears worth of expired cardsbut not the most recent. Thenice policeman gave me aform to fill out and remindedme to “Drive Safe.”

The ticket felt like theequivalent of coal in mystocking. I survived travellinghome for the holidays. Uponmy return, I promptly filledout the form, mailed it in,and continued my recupera-tion from my penultimateround of finals, the holidays,and the encounter with TheLaw between the two.

Fast forward to midJanuary, I receive a noticefrom the MinnesotaDepartment of Motor Vehiclesthreatening revocation of mylicense if I didn’t produceeinsurance verification. So Icalled the DMV and explainedthat I sent in the form to theMPD like I was supposed to.The DMV responded that theMPD had not forwarded theinformation. I said, “I have acopy of the form that I sentin and would they like to seeit?” DMV said “fine”, so Ifaxed in the form and contin-ued my recuperation.

Months pass and I forget myencounter with the MPD andDMV when, at the beginningof March, I receive in the mailofficial notice that my licensehad been revoked and to beallowed to drive again Ineeded to take the driver’stest, reapply for my licenseand pay $40.

After freaking out, the nextday I “light railed” it down tocity hall (a fabulous ride bythe way), and tracked downthe traffic violations depart-ment that is tucked under aparking ramp 2 blocks awayfrom the regular policedepartment. The nice policesergeant at the servicewindow rifled through hisfiles and discovered the form Ifilled out and mailed rightafter the holidays. He said,“Sure enough, here’s the


From the Editor

Submissions to The OpinionArticles for the May 2005 issue of

The Opinion are due April 25, 2005.

Carla J. Magnuson, Editor

Contributors: Stephanie Balmer, Gena Berglund,Meleesa Henderson, Jessica Meza, Sarah Nemmers,Terri Port, Evan Tsai, Don Zhou

©2005 The Opinion, William Mitchell College of Law Student Newspaper

The Opinion is an independent publication of the Students of WilliamMitchell College of Law. The views expressed in The Opinion are those ofthe authors and do not reflect the views of The Opinion editor, WilliamMitchell College of Law, its employees or its Board of Trustees, unlessotherwise noted.

The Opinion will always consider quality content submitted for publica-tion. Interested authors may forward copy of not more than 1500 wordsto [email protected].

The Opinion reserves the right to edit for clarity, space and editorial content.

Please contact the Editor at [email protected] for specificquestions or comments.

Parties interested in advertising should [email protected].

envelope with the postmarkcancellation of December 27thbut the violations bureau didnot receive the form untilFebruary 4th.” I asked forsome sort of explanation as tohow that would havehappened and got a shrug.

Armed with specialacknowledgement from theMPD, I then bused to myoffice and faxed the specialform to the DMV. I spent thenext couple days on publictransit trying to commutebetween home and work inMinneapolis and school inSaint Paul. I sustained theeffort for two and a half days.At that point I collapsed,using my transportation woesas an excuse to skip school. Icalled the DMV multiple timesgetting the computer voicetelling me “the line was busyand for 50 cents she wouldcontinue to try the number”

for me. Finally got through.The nice lady on the phone(the human one not thecomputer generated one) saidthey had received the fax onMonday that my records wereupdated and that I was now“valid”.

The moral of the story: Ifwhat you are about to mail isimportant, particularly if therecipient is bureaucratic inany way, SEND IT CERTIFIED.

So this elaborate tale ismeant to elicit sympathy;please forgive the fact thatyou haven’t seen a newOpinion since fall.

Enjoy this issue, and if youhave any random thoughtsthat you think might beworth airing on these pages,please please pleasecontribute. The Opinion can’texist without your input.


We should “build our busi-nesses, before we build ourhouse.” If we get establishedfinancially before we begin tobuild our houses (i.e. buy abig home, buy the nice cars,and have a bunch of kids),then we will not be owned byany job, power, or principality.Following are some sugges-tions for getting out of debt.

1. Know where you are atand create a plan ofaction! After several years in my

pre-law school career as amortgage broker, it neverceased to surprise me how,out of hundreds of financialpictures I analyzed, very fewpeople knew how much debtthey had. The best way tostart to understand yourfinancial picture is to haveyour credit “pulled.” If you

apply for a loan at any bankor mortgage company, morethan likely they had to pullyour credit. These placesoften have a policy to notallow the client to have thereport, however it never hurtsto ask for a copy. If they willnot give you a copy, thenrequest to at least see a copyand write down all of thecreditors, outstandingbalances, and monthlypayment amounts.

Another way to see yourcredit report is to contact thecredit report bureaus. Thereare three primary ones:Equifax (sometimes referredto as the Beacon score),Trans-Union (sometimesreferred to as the Empircascore), and Experian. Here iscontact information for each:

Equifax: 1-800-685-1111;Trans-Union: 1-800-888-4212;Experian: 1-888-397-3742

2. Spiral down the debt! What I call to “spiral down

your debt,” is to make a listof all of your debts startingwith the smallest to thelargest. People with manydifferent debts oftenrandomly pay a little extrahere and there when theycan. A much more effectiveway to do this is to start atthe top of the list with thesmallest bill, pay all extramonthly money to that one,and once it is paid off, thenbegin to attack the nextsmallest, and so on and so onuntil the last bill is reached.This systematically reducesdebt, creates momentum, andalso helps simply your life byhaving fewer bills to manage.

3. Give 10%, and save 10%. Whatever your financial

picture looks like, you shouldconsider giving 10% to somenoble cause. Call it Karma orreaping what you sow, but if

you want your financialpicture to be better start togive.5 All major world reli-gions encourage, or evenrequire giving. Buddhismencourages alms, or dana,given to the monks and nunsand other teachers of thedharma and consider this away to cultivate non-attach-ment. In Hinduism there is noofficial tithe, however dona-tion is considered a duty;believers donate daan, or almsto the poor and to holy men.Jewish believers give 10% to20% of their income to char-ity, which does not includethe voluntary donations Jewsgive to support synagogues.Mormons give the tithe, or10%, of their income to thechurch and they consider thatmoney to be sacred and aduty and a test of faithful-ness. Protestants believe ingiving 10% and that the titheis the channel by which Godblesses the giver with abun-dance.6

Another principal thatshould be implemented imme-diately in your life is to “payyourself first,” by saving 10%of your gross income for yourfuture, or ideally retirement.Can you think of five or sixindividuals or couples thatprobably make 10% less?More than likely, from anobjective standpoint theirquality of life is probablyalmost identical to yours. Ifthey can live on $90,000,instead of $100,000 then socan you! Today with auto-matic investment and bankaccounts that withdraw frompaychecks, to pay your selffirst and save for the future iseasier than ever before.7

4. Resolve to stayout of debt. Make a firm commitment

that you will never go back tobeing in debt. One thing that

The G.O.O.D. Lifecontinued from page 1

continued on page 5


Love is the LawWell I was walking thru the middle o’ townand I said to myself yeah what’s goin’ on?People are breakin’ the law just to make ends meetbut people are breakin’ their heartsjust to stay off the street.And there written on the wall for everyone to seewas ‘Love is the Law’ right there on the street it said,Love is the Love is the Loveis the Love is the Love is the Love is the LawLove Love Love Love Love is the Law.

(bridge)Well girls yeah yer lookin’ all rightAnd boys ya don’ look so bad.You got to give it if you want to get it.You got to give it if you want to get it.

Love is the Love is the Loveis the Love is the Love is the Love is the LawLove Love Love Love Love is the Law… (horn fade out)

Lyrics by The Suburbs, ©1983 The Suburbs Music, BMI from the album“Love is the Law”, Polygram Records.

my husband and I did was toget rid of all credit cardsexcept one to use in an emer-gency, or to book hotels andflights. Then we resolved toonly use cash for ourpurchases. At the beginningof each month we each getour allotted cash, and whenthat is gone, that is it. If weuse the credit card, then thatamount of cash has to betaken from our cash allotmentand placed back into savings.If it is the 23rd of the monthand there are no groceries,then we will have to fast for awhile. There are very few ofus adults that couldn’t proba-bly even benefit by a fast of afew days!

Young couples 50 years agopurchased a home on oneincome, at a post WWII rate ofaround 2% and probably paidthe entire house off in lessthan ten years. They ownedone car, but only needed onecar because the wife did notneed to work. Today, to liveon two incomes is more diffi-cult than it was in the 1950’sto live on one.8 Now there isnot much we can do aboutthe cost of housing, or food.There is however, much wecan do to live a simpler life.Say no to credit card use. Getout of debt and begin to livea life where you pay cash foranything and everything youpurchase. To live a G.O.O.D.life is to be free to make deci-sions based on what we knowto be right, and not to haveour integrity swayed by ourdebt loads. The journeytowards changing the world isoften started with changingour very own homes first!

1 When I told my Grandpa I wasgoing to start law school, he recalled thathe “knew a lawyer once, and you knowwhen he finally died he was so crookedthey had to screw him into the ground.”That was all Grandpa had to say aboutlaw school.

2 Dar Haddix, America’s Love-HateAffair With Credit, United PressInternational, at http://www.upi.com/view/cfm?storyID=20040323-072454-4898r. (Mar. 23, 2004)

3 Mark Helm, Credit Card Debt StalksCollege Students, Hearst Newspapers, athttp://www.teensarenotadisease.com/credit_card_debt_college_students_.htm.(Aug. 6, 2002).

4 The Bible says that the love of moneyis the root of all kinds of evil. (I Timothy6:10) The apostle Paul warned thatuncontrolled desire for money leads totemptation, snares, and into many anddestructive obsessions. See JOHNAVANZINI, WAR ON DEBT-BREAKING THEPOWER OF DEBT, 22-23 (HIS PublishingCompany, 1990) (citing that “the spiritof greed will drive an already prosperousbusiness man to become involved in ille-gal schemes just to secure a few moredollars. He will knowingly risk the loss ofhis business, and even jail, in his obses-sion.”).

5 Proverbs 29:11 (The NewInternational Version of the Bible)(citingthat “[h]e who gives to the poor will lacknothing.”).

6 What’s on the Collection Plate?,Beliefnet, available athttp://www.beliefnet.com/features/tithing-chart.html.

7 Lewis Schiff, Paying for Your FutureFirst, “Ask the Armchair Millionaire”featured each week on CNNmoney,available at http://www.armchairmillion-aire.com/features/ask_payfuturefirst_7.1.03.shtml. (citing that “little will do moreto motivate you than knowing how muchyour “pay yourself first” money can growover time. Let’s assume that you bringhome $3,500 a month and that youdecide to save 10 percent, or $350 permonth, over the next 20 years. Assumingan average annual growth rate of 9% –historically, an extremely realistic number– your money would grow to over$235,000.”).

8 Amelia Warren Tyagi, Why WomenHave to Work, TIME at 56, March 22,2004 (citing that since the “mid-‘70’s,the amount earmarked for the mortgagehas increased a whopping 69%. At thesame time, the average father’s incomeincreased less than 1%.”).

The G.O.O.D. Lifecontinued from page 4


Saturdays ago so that I couldgive Mom a tour. The firstthing she said was “you willnever believe what I saw inthe parking lot!” My sisterrolled her eyes, so I shouldhave known, but I asked herwhat she saw. “A girl got outof her car wearing REDSTILETTOS and JEANS!” I(properly horrified) gasped,and said “no she didn’t!” Soyou can understand where I’mcoming from. It’s a real fash-ion show going by the frontdesk sometimes – I’ve seencowboy boots, fur coats, tracksuits, kicky berets, andsuspenders. Since we don’thave any of those things inDuluth, I’m learning a lot.

As you can see, we’re doingmore at the front desk than

pretending to do our home-work. While I miss my lawclerk job for the legal experi-ence it gave me, I’m thankfulfor the opportunity to workat what some might call thehub of the school. And thenext time you go by, wouldyou please say hi?

Success is not the key tohappiness. Happiness is thekey to success. If you lovewhat you are doing, youwill be successful.

– Albert Schweitzer

Front Deskcontinued from page 2


Match the career specialty to theastrological sign a person born underthat sign would be particularly suitedto (for example, Military law –1[Aries] or 10 [Capricorn])

Answers are based on sun sign. Peopleand astrology alike are more complicatedthan a simple sun sign description.

A. Contracts/U.C.C.

B. Estates and Trust

C. Local Government/Lobbyist

D. Intellectual Property

E. Criminal Law

F. ADR

G. Civil Liberties

H. Entertainment Law

I. Family Law

J. Tax

K Litigation

L. Human Rights/Immigration

M. Property/Real Estate

N. Poverty Law

1. Aries �Positive attributes: energetic, eager;

Negative attributes: arrogant, annoy-ingly combative (they’re easy to pickfights with).

2. Taurus �Positive attributes: stable, solid;

Negative attributes: materialistic,mellow, lack momentum (unless angry,then run).

3. Gemini �Positive attributes: fun, friendly;

Negative attributes: superficial, spacey(can’t trust them further than you canthrow them)

4. Cancer �Positive attributes: intuitive, nurtur-

ing; Negative attributes: smothering,wield guilt as weapon (uber-moms).

5. Leo �Positive attributes: loyal, likeable;

negative attributes: self-centered,(would-be) celebrities ( it’s all aboutthem)

6. Virgo �Positive attributes: dainty, detail-

oriented; Negative attributes: uptight,anal-retentives (they make greataccountants)

7. Libra �Positive attributes: pretty, peace-keep-

ing; Negative attributes: finicky,fence-sitters (just decide already).

8. Scorpio Positive attributes: determined, deep;

negative attributes: secretive &scary(cross them at your peril).

9. Sagittarius Positive attributes: open-minded, opti-

mistic; Negative attributes: opinionated,obnoxious (someone’s got to tilt at wind-mills).

10. Capricorn �Positive attributes: reliable, really like

rules(rather conformist); Negative attrib-utes: cynical, stick in the mud, (makegreat bureaucrats).

11. Aquarius �Positive attributes: analytical, egalitar-

ian; Negative attributes: detached,difficult to motivate (tend to operate on“Aquarius time”).

12. Pisces Positive attributes: idealists, inner

awareness; Negative attributes: guilt-ridden, gullible (they make greatsinger-songwriters).

Career Guide of the StarsDO YOU KNOW WHAT KIND OF LAW YOU’RE GOING INTO? Back in the day, court astrologers made the call. May sound nutty now,

but considering we’re flailing around in the dark, maybe following the stars isn’t such a bad idea. Okay, this is just a game. Neitherin-depth psychological assessment or informed analysis of your potential should be inferred. See Career Services for the real skinny.

A. 10, B. 8, C. 3, D. 11, E. 12, F. 7, G. 11,H. 5, I. 4, J. 6, K. 1, L. 9, M. 2, N. 12

Answers

Photo courtesy of Hubble Heritage Team


The Opinion’s Opinion Page

By Carla J. Magnuson

In 2000 when I was consid-ering which law schools toapply to, several acquain-tances of mine suggested I trythe new University of SaintThomas (UST) Law School.Knowing my “power-to-the-people” bent; they felt the“social justice” mission theschool touted would be agood fit for me. I decided notto apply there, not becausethe mission did not appeal tome, but because I was leeryabout signing up to a schoolthat had yet to receive ABAaccreditation.

Over the years I have metseveral UST students and Ihave thanked my lucky starsfor making the right choice.There appears to be an ongo-ing battle over the true heartof the school with the pro-life/anti-death penalty(p-l/a-d) camp at odds withthe pro-life/anti-abortion(p-l/a-a) camp. While I amsure there are many at theschool attempting to bridgethis rift, and know that thereis no fundamental valuedifference between the two,several faculty hiring movessuggest that the p-l/a-a campis “winning”.

1) The controversialappointment of Delahunty,co-author of a legal memoused by the Bush administra-tion and Alberto Gonzalez tojustifying the in-applicationof the Geneva Conventions toprisoners at Guantanamo Bayand Abu Grieb.

2) Ominous departure of acouple of criminal law profes-

sors highly valued for theirprogressive values and back-ground with the InnocenceProject and anti-deathpenalty advocates.

3) Disregard for the recom-mendations of studentmembers of the faculty selec-tion committee against hiringa p-l/a-a family law professor.The recommendationsexpressed concerns thatanother white male conserva-tive would not bring anythingnew to the school. The recom-mendations were not bindingon the administration and agroup of students are organiz-ing to encourage futurerecommendations from thestudents be binding.

Students are also concernedthat these hiring decisionsreflect a trend at the schoolof an increasingly hostileenvironment towards progres-sive values held by somestudents and facultymembers. This might be ironicgiven the mission statementadopted by the school whichclaims a dedication to “inte-grating faith and reason inthe search for truth through afocus on morality and socialjustice”.

Now “social justice” isarguably a nebulous concept,using law to promote a justsociety is not the exclusivepurview of progressives. Evenso, communities likely have acertain take on the conceptthat creates an expectationre: what social justice means.In the progressive/populistland of Paul Wellstone and10,000 bleeding hearts,Catholic social justice brings

to mind the ministrations ofDorothy Day and the CatholicWorkers’ movement and theintrepid McDonald sistersdevoted to civil disobediencein the service of the peaceand justice movement.

A conspiracy theorist mightpose that the “social justice isin the eye of the beholder”approach to UST’s mission is adeliberate bait and switchtactic to lure in gullibleliberal students then indoctri-nate them into ultra-conservative “faith-based”values. No law school needsto make a concerted effort toturn students away from apoverty law/public interest/social justice orientation, thedebt load in and of itself doesthe trick.

More likely the vision ofUST has evolved with the helpof economic forces of supplyand demand. The metro areacan only handle so many lawschools, the liberal Christianshave Hamline, and the secularhumanists have the U of Mand WMCL. Where does theultra-conservative faith-basedfuture lawyer have to go?

A new graduate from USTrecently confided that if sheknew then what she knowsnow she would have chosenWMCL, a school that is dedi-cated to public servicewithout the hype.

“At least we aren’t AveMaria” is not an adequateresponse to students express-ing concern to UST’sadministration over the trendtoward preference shown tothe pro-life/anti-abortion

world view and straying fromits mission of social justice.

I know I personally wouldhave felt betrayed had Istarted at UST and was madeto feel alienated andunwanted because I held tomy definition of socialjustice. UST might considerupdating its mission state-ment by acknowledging itsidiosyncratic definition ofsocial justice (or simply dropthe term entirely and leavethe correct impression thatthey are fostering moralvalues) before it generatesmore alumni who leave USTfeeling manipulated by falseadvertising.

The Opinionwants to knowYOUR opinion.

Tell us what you think:[email protected]

Niche Marketing: Law School Variety


The Opinion’s Opinion Page

That’s interesting, what’sup with that? So was myresponse gazing upon thepost-modern AmericanGothic painting installedoutside room 229. Heywhat’s that doing onWilliam Mitchell’s wallsanyhow? I don’t think thathalf-dressed “DesperateHousewives” type womenbelong three doors downfrom the Women LawStudent Association’sbulletin board. (btw wheredid the other studentorganizations’ bulletinboards go post-construc-tion?) Except maybe toillustrate a future “Work ofa Family Lawyer” edition.Further reflecting I becameconcerned about myresponse. How did I get tobe so uptight? Whathappened to that irreverent

free thinker I was prior tomy 1 thru 4L journey? Isthere something aboutattending law school thatmakes a person prudishand intolerant of thingsthat don’t belong? Or is itjust me? Hopefully thetransformation is notpermanent and I can regen-erate my appreciation of allthings that don’t fit postgraduation.

The former me wouldhave not hesitated torespond to the WallBeautification project look-ing for ideas about law forupcoming future WMCLclasses to appreciate.Several quotes crossed mymind that would have beenhighly inappropriate, orwould have hit the nail toosoundly on the head.Unfortunately I lost my

nerve and failed to send inany quotes. The followingwould have been my(orformer me’s) suggestions toput up on the wall tocreatively elicit responses ofthe present me, and thosedoomed to follow in myfootsteps. My apologies toupcoming classes for myloss of nerve.

First thing we do,let’s kill all the lawyers.Henry the VI, Shakespeare.

The greater the numberof laws and enactmentsthe more thieves androbbers there will be.

Lao Tzu

Property is theft.Pierre Joseph Proudhon

Good men must notobey laws too well.Ralph Waldo Emerson

Nothing is ever accomplishedby a reasonable man.George Bernard Shaw

We don’t seem ableto check crime so why

not legalize it and thentax it out of business?

Will Rogers

Law never made a mana whit more just.

Henry David Thoreau

There is no such thing asjustice in or out of court.

Clarence Darrow

Distrust all men in whom theimpulse to punish is powerful.

Nietzsche

Indeed I tremble for mycountry when I reflect

that God is just.Thomas Jefferson

There cannot be good lawswhere the state is not

well armed; it follows thatwhere they are well armed

they have good laws.Machiavelli

Crime is contagious.If the government becomes

a lawbreaker it breedscontempt for the law.

Louis Brandeis

We ought never to do wrongwhen people are looking.

Mark Twain

Hearsay


by Gena Berglund

1. It’s a boost to the economy. Bar exam-inees buy preparation courses, books,stimulants, sleep aids, easy-to-preparefoods, gasoline, anti-depressants,chocolate, alcoholic drinks and post-exam trips away from Minnesota toforget.

2. It promotes “boot camp” buddies.Taking bar preparation courses fosterslifelong friendships among colleagues.

3. It’s preparation for a life of “Work” inthe “Big” law firm. By engaging thenew grad in an extra two months ofintense study between finishing lawschool and swearing-in, the new gradwill be less inclined to pursue newhobbies or pastimes, thus will bemore likely to work an 80-hour-weekwithout complaint.

4. It’s a second chance to learn thosearchaic legal rules.

5. It’s the perfect Reality Show Idea.Viewers watch five WMCL grads (thehated lawyers-to-be) as they sufferdemoralization and emotional trauma,with physical symptoms of anxietysuch as: racing heart, fainting orlight-headedness, heaviness in thechest, loss of stomach contents,shortness of breath, inability to sleepthe night before, or uncontrollablecrying during the exam. (Hint, every-one I talked to on exam day had oneor more of these symptoms.)

6. It’s a cause of action for the creativenew attorney’s first case: a lawsuitagainst the Minnesota Supreme Courtand the Board of Law Examiners forIntentional Infliction of EmotionalDistress (IIED). See #5.

7. It’s an educational tool: psychiatricstudents can observe numerous cases

of neurosis, anxiety, and emotionalbreakdown all within a 36 hourperiod of time and Law in PsychiatryClinic could conduct discovery for Ms.New Lawyer’s suit for IIED.

8. It’s perfect preparation to be acontestant on Fear Factor. Heck, I’drather lay in a tank of MadagascarCockroaches than take the Bar Examagain.

9. Passing is an ego boost which everylaw student needs while in the jobsearch trenches.

10. It’s a recruitment tool for WMCL.Each examinee who passes on thefirst try is another notch in WMCL’sbedpost.

11. And the REAL reason to keep the barexam in Minnesota is QUALITYcontrol, duh!

The author, Gena Berglund graduatedfrom WMCL in January, 2005. She took theFebruary bar exam and tries to forget thaton April 18, she will learn whether she hasto repeat that unpleasant experience inJuly. Just in case it’s not obvious, thisarticle is meant to be satirical, sarcastic,cynical and sassy.

[Editor’s note: Gena received WMCL’sStudent of Merit Award at the January2005 graduation ceremony.]

Why Should Minnesota Keepthe Bar Examination as

a Requirement forAdmission into the Bar?

Free web site with answers to legal questions, referrals to legal aid offices, and court and community organization information.


By Terri Port

In late September I foundmyself reading the NewYork Times and stumbledon an article about awoman, Ms. MukhtaranBibi, that had beensentenced to be raped. Herbrother had been accusedof having an affair with ahigher caste woman inorder to cover up someother brutality and the“appropriate” sentence wasto gang rape his sister. Thisin fact was done, and thenshe was forced to walknaked through her village

in front of 300 villagers (Iassume men) to get home.At this point in the story Iwas crying and trying toimagine her experience. ForMs. Mukhtaran, showingher face to a man in publicwould be extreme, so to becompletely naked, well, Ijust don't know how shemanaged to even walk.Now, this isn't the worst ofit! Her appropriate responseto this crime would be tocommit suicide in order tosave the reputation of herfamily! Amazingly, shechose not to. She ulti-

mately testified against herassailants and securedaround-the-clock policeprotection for her and herfamily. The “damages”awarded amounted to about$8,000. Instead of takingthe money and fleeingPakistan to secure thesafety of her family, shebuilt a school for girls! Sheherself had never attendedschool, and so at the timethe article was written, shewas in the equivalent of4th grade. The governmenthad promised to provide

by Jessica Meza

Did you know WilliamMitchell is the only lawschool in Minnesota to have aMulticultural Office?

When you get past the pret-zels and candy at the frontdoor of the MulticulturalOffice you will find a room offriendly staff and interestingconversation. TheMulticultural Office providesacademic workshops, informa-tion on internationalprograms, assistance forstudents with special needs,coordinates all the PLP’s andprovides support for studentgroups. They also collaboratewith the Dean of Students tomake sure that issues pertain-ing to religion, gender, sexualorientation, or race are

addressed. Essentially, Andrieldescribes the role of the officeas “trying to be a part of thefabric” that makes up theWilliam Mitchell Community.

Andriel Dees is an alumnusof William Mitchell anddescribes her past studentexperience as being veryunique, yet tense, but chang-ing in the right direction. Asa student she was committedto William Mitchell’s efforts ofincreasing diversity of thestaff and of the students.Statistics paint a discouragingpicture on the number ofstudents of color attendinglaw school, this informationmotivates the work Andrieldoes. Throughout her legalcareer she has always feltdrawn to dealing with theseissues and says “it makes me

feel better when I am doingsomething not just for myselfbut for the community.”

Even at the age of 15Andriel was aware of theobstacles facing culturallydiverse communities. Sheshares a story from her highschool economic class. Thetopic of the class was aboutsupply and demand. In orderto enhance their learning thestudents were assigned tobring in articles on theeconomic status of the coun-try at the time. She did nothave Forbes or MoneyMagazine in her home, butrather she had BlackEnterprise, which spotlightedAfrican American businesses.She always got a “C” on allher assignments and inquiredas to why. Andriel says, “I

know I was only 15, but hedidn’t have a good answer forme… We have to make surethat our perspectives are atan equal level. So I realizedwe have work to do.”

I asked her what wouldrepresent a sign of positivechange here at WilliamMitchell. She said, “Whendiversity is accepted by all asa part of the fiber of thelarger community. That iswhen I know we are in a posi-tive environment.”

Courage in Pakistan

Welcoming the NewDean of Multicultural Affairs

continued on page 14

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by Don Zhou

The first year of law schoolis notoriously known as hard.To meet the challenge, I havefour tips:

1. Brief and compare thecases: The ability to read acase, ascertain the point ittries to make and dissect thereasoning is critical for thefirst year. A majority of first-year courses involves readingcases, but be aware that yourprofessors do not grade youranalysis of the case (calledbriefing). They check byasking you questions in classabout the cases which willmake you feel you have neverread them. Don’t merelyresort to the primitivemethod of reading the casesmultiple times, though itmight be helpful. Instead,seek help and guidance fromthe series of casenote legalbriefs written for first-yearcourses such as Torts andContracts, published by Aspenpublishers and available atthe college bookstore. Use

these briefs books as if youhave hired a private tutor.Write your own analysis firstand then consult the casenotebriefs. You might still find theclassroom questionscompletely stumped you, butthe work you have put in willhelp you better understandthe questions and occasion-ally you can argue with goodreasons for an answer youhave chosen.

2. Relate IRAC to syllogism:Your first-year writing profes-sor will drill in your mindthat you need to use IRAC foryour legal writing. IRAC(Issue-Rule-Application-Conclusion) is in essencesyllogism with a hat, the hatbeing the issue. In syllogism,you have a major premise,minor premise and conclu-sion. The major premise canbe broken down intoantecedent and consequent.An example is all men arecreated equal. All men is theantecedent. In legal writing,spend all your energy in prov-ing or disproving that some

specific individual belongsto the antecedent, namely,a man. The conclusion willfollow naturally from theanalysis of the applicabilityof the antecedent to theindividual instance.Spending time masteringthis syllogistic structure inyour legal writing will helpyou establish a solid footingbefore launching to utilizeother legal writing skills.

3. Use tapes and CDs fromthe library: For first-yearcourses such as Contracts,Torts, Civil Procedure, andProperty, the college libraryhas purchased either CDs oraudio tapes as supplementalaids for the class. Check themout. These tapes or CDsprovide enormous benefitssuch as the correct pronuncia-tion of legal terms, theelements legal doctrinescontain. And you can listento them while you are drivingto work or school.

4. Read law review articles:A majority of the cases

selected for first-year coursesare seminal cases on selectedtopics. This means that otherpeople have written articleseither opposing or supportingthe theories that the caseshave advocated, adopted orrejected. Invariably thesearticles include analysis of thecase. Reading them enhancesyour understanding of thespecific case at hand. Theadditional benefit is that yourclass discussion can not possi-bly cover all the issues raisedby these articles; therefore,reading the articles broadensyour understanding of thelegal issues involved and caneffectively help you integratewhat you have learned inclass with legal discourse inthe real world.

Guidance for 1L’s

By Jessica Meza

Janet is currently a 1L andactively shares her rich back-ground and experiences withher colleagues and friends.Janet is one of nine childrenraised on a rural farm inUpper State New York. Herparents never graduated fromhigh school and she was oneof the first to go to college.She has a Bachelor of Sciencein Physical Education, and a

Master of Arts in HealthSystems Management.

Janet decided to go to lawschool during a mid-life crisiswhen she realized that as shegot older there were opportu-nities today that she didn’thave when she graduatedfrom college in 1979. Shegrew up with the socialexpectation that women wereto get married and raise afamily and if you wanted to

pursue a professional career itwas either in teaching ornursing. She says, “Today,thanks to the women’s move-ment, I have choices.”

Janet has enjoyed her expe-rience at William Mitchell andshe knew she would. Whenshe was looking at schoolsWilliam Mitchell stood outbecause they were willing toaccept her as a person notjust a student. She explains

some of the schools shelooked at were not comfort-able with aspects of her life;such as age, her sexual orien-tation. She states “Here, I getto be who I really am. Moreimportantly I get to bring myvalues and beliefs with me.”William Mitchell has onlyasked in return that she beopen to learning and to showrespect to the values andbeliefs of others, which shedefinitely can do!

Have you met Janet Totter?

CelebrateDiversityCelebrateDiversity


on-going support for theschool, but was not doingthis.

I finished the article (foundat http://www.nytimes.com/2004/09/29/opinion/29kris.html?ex=1097466310&ei=1&en=488f9bb7063d6f13) andthought that I would proba-bly never meet anyone withas much courage and strengthas Ms. Mukhtaran. I decided Ihad to try to collect as muchmoney as possible to send toher, to help support herschool. With the encourage-ment of Professors BobOliphant and Raleigh Levine,and the approval of Dan

Thompson, I presented thisstory to six different classes.My fellow students were sovery generous andcontributed $960! Thank youso much to everyone thatcontributed!! I have sent thisto the Editor at the New YorkTimes, who will forward themoney to Ms. Mukhtaran.

I also contacted a friend ofa friend, who works at theU.S. Agency for InternationalDevelopment, specifically onPakistan projects. He is look-ing into permanent fundingfor all girls schools inPakistan. But, unlike ourpersonal ability to pull adollar out of our pockets,bureaucracy works slowly andso they have not yet estab-

lished a permanent program. Iremain hopeful that they willdo so.

If anyone is interested insupporting Ms. Mukhtaran'sschool, please contact me [email protected].

A quick follow-up on thefund-raising for the Pakistaniwoman that defied all oddsand survived. I finally heardback from Nicholas Kristof,the writer at the New YorkTimes. He sent an amazingletter saying that our contri-bution of just under $1,000was part of an outpouringfrom the U.S. of $130,000!!!to Mukhtaran. This was somuch more than anyoneanticipated and Mukhtaran is

totally overwhelmed andappreciative. It is also somuch money for the Pakistanieconomy that she is consider-ing setting up a smallhospital for women, as somany women there still die inchildbirth. The aid groupMercy Corps is helping now(and if anyone wants todonate anything else it hasbecome easier as they set upa U.S. bank account inMukhtaran's benefit) and aPakistani law student hasmoved to her village to helpher coordinate all the effortsand to translate for her. Foronce, a happy story! Thankyou to everyone!

Courage…continued from page 13

Prisoner Abuse at Abu Ghraib:The Involvement and Ethics of Medical Personnelin the Commission and Cover-up of Human Rights Violations

Amnesty International invites you to joinProfessor Dr. Steven Miles of the UM Medical School:

When: Tuesday, April 19 at 7:30 p.m. Where: Room 325

PLP Credit: Perspectives

Prof. Miles, MD, is the author of the Lancet Paper which criticizes the silence and involvement ofnurses and physicians in failing to report abuse or signs of abuse and the falsification of medicalrecords and death certificates of detainees. Prof. Miles has argued that military law, US law, and inter-national law require the reporting and prevention of abuse and has noted the systemic nature of theproblem. In addition, Prof. Miles has rested his claim on simple ethics. He believes the abuse deviatesfrom past US practice with respect to prisoners of war. Where do military law, US law, internationallaw, and ethics intersect? Come hear Prof. Miles on Tuesday, April 19 at 7:30 p.m. in Room 325!

Amnesty International looks forward to seeing you there! If you have any questions, please contactConor at [email protected], Emily at [email protected], or Elise at [email protected]


By Sarah Nemmers

Greetings, colleagues andfriends! As I write this articlein an effort to capture mybewildering, frustrating andphenomenal experiences ofthe past year, we only have32 days left until classes areover (not that anyone’scounting). For some of us,this is a frightening thoughtbecause it means we betterget moving and buy thosehornbooks, make our outlinesand prepare for the gruelingfinals that are to come. Othersare starting to breathe easierknowing that warmer, lessfrantic days are ahead of us,days when the runners willreturn to Summit Avenue. Fora select group of us, namelythe 1Ls, we are desperatelytrying to figure out whatexactly our WRAP professors

want from us and how we cangain this valuable insightbefore we get our assignmentsback. Oh, the joys of lawschool…

I’m sure the experiences ofmy fellow 1Ls and I have beenno different than those of thecountless students who havebraved the Socratic Methodbefore us. Law school is a riteof passage; we get it. What Ihave yet to figure out is howall of you “older and wiser”students have managed toavoid wasting away from lackof adequate nutrition orchecking into rehab forcaffeine addiction. Very oftenI find that the only “food” Ieat comes from a vendingmachine, and that I don’tdrink any beverages thatdon’t contain caffeine.

Now the amount of home-work assigned in the firstyear of law school islegendary, and I expected tospend hours and hours andhours studying, which ofcourse I have. What I wasn’tprepared for, was spendingthat much time trying todetermine what is expectedfor the WRAP assignments.This is where my innate intel-ligence and conjecturing skillscome in. I wasn’t aware of itbefore law school, but it turnsout that I’m an excellentguesser! When I can’t figuresomething out, I consolemyself with chocolate.

Aside from WRAP, which Iknow is “good for us,” what’sup with those PLPs?! Many ofus work full time, or close toit, have important people inour lives that we use to spend

time with and squeeze everysecond out of every day inorder to get our studyingdone. Then we rush over toschool, slamming a Coke anda pop tart on the way, get aticket for parking in anundesignated spot, and barelymake it to class. I’m stressingout about making time toattend my stress managementPLP!

Now as we near the end ofour first year, with an intensesense of camaraderie for all ofour fellow survivors, I lookaround at my bleary-eyedclassmates and say to myself,“We did it! We’re going to belawyers!” Good job, 1Ls! Youdeserve to celebrate, so pleasefeel free to meet me at Billy’son April 27th fora drink…a tallone.

Perspectives from a 1L

Absolutely, Positively A Necessary Multistate Supplement!(800) 523-0777 • www.pmbr.com

Another PMBRSuccess Story…

SPOTLIGHT ON A PMBR SUCCESS STORY:

Houston’s Tony Buzbee, a PMBR graduate, is one of

the top lawyers in the country. Over the past five years,

Buzbee has won verdicts and settlements that exceed $225

million. Buzbee was recently named by Texas Lawyer

magazine as one of five “Go-To Lawyers” in commercial

litigation for Plaintiffs in the State of Texas. Buzbee

routinely handles high-profile, cutting edge litigation. In

fact, Buzbee brought and settled the first of its kind antitrust

case against the offshore drilling industry, a case which

settled for $75 million. Recently Buzbee was retained by the

Basque government in Spain to seek recovery after the sink-

ing of the M/T Prestige, which resulted in an oil spill and

damage exceeding $1 billion. Buzbee gets results. So does

PMBR. While in law school, Buzbee took the PMBR course

and scored a 190 on the multi-state, the highest score in

Texas that year.

from the editor, 3 • opinion page, 8-9 • hearsay, 9 ......articles:mn bar exam, 10 • global...

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