the opinion - mitchell hamline school of law€¦ · king abdul-aziz university in jeddah, saudi...

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The OPINION William Mitchell College of Law Student Newspaper on the web at www.wmitchell.edu/current/nonacademic/student_orgs/opinion.html Volume 48, Issue 2, Winter 2001 Most law students borrow some, and in many cases all, of the tuition and other costs of their legal education. Student law school indebtedness has risen steadily in recent years and many students graduate with total loans in excess of $100,000. William Mitchell students are no exception. The average indebtedness of last year’s graduates was approximately $60,000. Repayment of these loans is a signifi- cant burden, even for those graduates who have relatively high paying jobs with law firms. The repayment burden is almost overwhelming for those grad- uates who work in legal services organizations such as SMRLS (Southern Minnesota Region Legal Services), and the Legal Aid Society of Minneapolis, government agencies and other pubic interest legal organiza- tions where salaries are significantly below those in private law firms. Many of the jobs in these organiza- tions pay salaries of less than $35,000 per year. In order to assist law school gradu- ates working in public interest legal positions, approximately 50 law schools and organizations in six states, including Minnesota, have established what are known as Law Repayment Assistance Programs (LRAP). These programs reimburse law school graduates employed in qualify- ing public interest organizations for a portion of their loan payments, thereby reducing he recipient’s repay- ment burden. In essence, LRAP grants are like a traditional need-based schol- arship, with the difference being that the “scholarship” is paid after gradua- tion rather than while the graduate is attending law school. LRAP-MN was established ten years ago. It makes LRAP grants to qualify- ing graduates from Minnesota law schools as well as graduates of other law schools. In recent years, LRAP-MN has made annual grants totaling in excess of $65,000. Many of the recipi- ents each year are William Mitchell graduates. In the 1999 grant cycle, for example, five of the LRAP-MN grants were made to William Mitchell gradu- ates. Most of the LRAP-MN contributions come from law firms, practicing lawyers and judges. Some of the money comes from law students through a check-off system at each law school. The contributions to MN- LRAP from William Mitchell students through this system have varied from year-to-year but have averaged about $900 per year in the past five years. The actual need for LRAP grants is far greater than LRAP-MN can provide. Each year many qualified lawyers receive no grant; and even those who receive grants receive far less than the maximum they are entitled to under LRAP-MN guidelines. For example, in the 1999 grant cycle, the maximum award was $3,600 but the average award was only $2,500. Increasingly, the amount of LRAP assistance to William Mitchell gradu- ates has been a high priority goal of mine since I came here as dean in 1995. The creation of an endowment, the income from which would be dedi- cated to LRAP grants, was included in the Centennial Capital Campaign, which is still under way. To date, however, very few donors have made significant restricted endowment gifts for this purpose. Last spring the Board of Trustees established two $25,0000 endowed scholarships in honor of Professors Paul Jones and Paul Marino, both of whom retired at the end of the 2000-01 academic year. Professors Jones and Marino have asked that the income from these endowed scholarships be used for LRAP grants. One additional faculty member is also funding an endowment Attack on America: What You Need To Know By Chris Frank, WMCL-4L On September 11, 2001, America was stunned by the greatest act of terrorism to ever occur on its soil. At the time this was written, America had just begun its attack on base camps of known terrorists in Afghanistan. It is the purpose of this article to provide a brief synop- sis of some of the central people and places at the center of the war on terrorism. Osama bin Laden Osama bin Laden is considered by most to be the man responsible for the September 11, 2001 attacks on the World Trade Center and the Pentagon. He was born in Saudi Arabia, one of twenty sons of a wealthy construction magnate with close ties to the Saudi royal family. In 1979, at the age of 22, bin Laden left Saudi Arabia to support Afghanistan in its decade-long fight against Russian invasion. In 1981, bin Laden received a degree in Public Administration from King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia to resume work in the family construc- tion business, the bin Laden Construction Group. In the early 1990’s, bin Laden’s Saudi citizenship was revoked and his family disowned him because of his extremist views. He spent the next few years in Sudan until 1996, when U.S. and Egyptian pressure resulted in bin Laden being expelled from Sudan. He then returned to Afghanistan where he has since lived under protection of the Taliban. Osama bin Laden is the leader of an international terrorist group known as the Al-Qaida. The Al-Qaida group has cells in numerous countries including, allegedly, the United States and the group is financed by bin Laden. It is estimated that bin Laden has a network of over 3000 Islamic militants. According to the U.S., bin Laden is responsible for at least three other major attacks: the 1993 bombing of the World Trade Center, the 1996 killing of 19 U.S. soldiers in Saudi Arabia, and the 1998 bombings in Kenya and Tanzania. The September 11 Assault, The October 7 Response, And The U.N. Charter By: Anthony S. Winer, Professor of Law, William Mitchell College of Law Political figures in this country sometimes view the United Nations as a mere political organization of dubious legitimacy. It is not unusual for Senators and other federal politi- cians to chastise the organization, for example, for inefficiency, waste- fulness or bias. Sometimes the suggestion is even made that the United States withdraw from the UN. However, under current doctrines of international law, the position of the UN and its founding instrument, the UN Charter, are not the least bit dubious. Quite simply, the manda- tory provisions of the UN Charter, and actions taken by countries and UN forces pursuant to them, provide much of the basis for modern inter- national law. Like it or not, anyone who wants to take international law seriously in the modern era must take the UN and the UN Charter seri- ously. The purpose of this essay is to review the chain of key events that began with the September 11 attacks from the perspective of the interna- tional law principles set forth in the UN Charter. This should provide a background for understanding the international-law basis of much of what U.S. officials have been doing in recent weeks, and what they may be doing in the future. When the UN Charter was adopted in 1945, the countries that emerged victorious from World War II hoped that the new document would help to establish a world in which recourse to war by states would not be legally permissible. It is in this spirit that Article 2(4) of the Charter prohibits "the use of force against the territorial integrity or political independence of any state". This language is intended to outlaw war as an instrument of national policy by any UN member state. Faculty Support of LRAP and PILF Summer Stipend Challenge Gift Proposal is Awesome continued on page 12 continued on page 8 continued on page 8 In This Issue The 9/11 Assault . . . . . . . . . . . . 1 Attack on America . . . . . . . . . . . 1 Faculty Support is Awesome . . . . 1 Creaky Worldviews . . . . . . . . . . . 3 Perspectives . . . . . . . . . . . . . . . 4 Bigots Target School Children . . . 5 Jihad & Terrorism . . . . . . . . . . . 6 America Prays . . . . . . . . . . . . . . 6 A Meeting of the Minds . . . . . . . 6 Justice’s Power Grab . . . . . . . . . 7 Islam Fundamentals . . . . . . . . . . 7 The Good News Report . . . . . . . 10 Columns From the Editor . . . . . . . . . . . . . 3 Spouse’s Sidebar . . . . . . . . . . . . 5 Alumni Corner . . . . . . . . . . . . . . 9 Random Thoughts . . . . . . . . . . . 9 Student Organizations Update . . 10 Career Services . . . . . . . . . . . . 11 Calendar . . . . . . . . . . . . . . . . . 15 By: President and Dean Harry J. Haynsworth PHOTO COURTESY OF WMCL PUBLIC RELATIONS PHOTO COURTESY OF WMCL PUBLIC RELATIONS It is estimated that bin Laden has a network of over 3000 Islamic militants.

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Page 1: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

TheOPINION

William Mitchell College of Law Student Newspaper

on the web at www.wmitchell.edu/current/nonacademic/student_orgs/opinion.html Volume 48, Issue 2, Winter 2001

Most law students borrow some, andin many cases all, of the tuition andother costs of their legal education.Student law school indebtedness hasrisen steadily in recent years andmany students graduate with totalloans in excess of $100,000. WilliamMitchell students are no exception.The average indebtedness of last year’sgraduates was approximately $60,000.Repayment of these loans is a signifi-cant burden, even for those graduateswho have relatively high paying jobswith law firms. The repayment burdenis almost overwhelming for those grad-uates who work in legal servicesorganizations such as SMRLS(Southern Minnesota Region LegalServices), and the Legal Aid Society ofMinneapolis, government agencies andother pubic interest legal organiza-tions where salaries are significantlybelow those in private law firms.Many of the jobs in these organiza-tions pay salaries of less than $35,000per year.

In order to assist law school gradu-ates working in public interest legalpositions, approximately 50 lawschools and organizations in sixstates, including Minnesota, haveestablished what are known as LawRepayment Assistance Programs(LRAP). These programs reimburse lawschool graduates employed in qualify-ing public interest organizations for aportion of their loan payments,thereby reducing he recipient’s repay-ment burden. In essence, LRAP grantsare like a traditional need-based schol-arship, with the difference being thatthe “scholarship” is paid after gradua-tion rather than while the graduate isattending law school.

LRAP-MN was established ten yearsago. It makes LRAP grants to qualify-ing graduates from Minnesota lawschools as well as graduates of otherlaw schools. In recent years, LRAP-MNhas made annual grants totaling inexcess of $65,000. Many of the recipi-ents each year are William Mitchellgraduates. In the 1999 grant cycle, forexample, five of the LRAP-MN grantswere made to William Mitchell gradu-ates.

Most of the LRAP-MN contributionscome from law firms, practicinglawyers and judges. Some of themoney comes from law studentsthrough a check-off system at eachlaw school. The contributions to MN-LRAP from William Mitchell studentsthrough this system have varied fromyear-to-year but have averaged about$900 per year in the past five years.

The actual need for LRAP grants isfar greater than LRAP-MN can provide.Each year many qualified lawyersreceive no grant; and even those whoreceive grants receive far less than themaximum they are entitled to underLRAP-MN guidelines. For example, inthe 1999 grant cycle, the maximumaward was $3,600 but the averageaward was only $2,500.

Increasingly, the amount of LRAPassistance to William Mitchell gradu-ates has been a high priority goal ofmine since I came here as dean in1995. The creation of an endowment,the income from which would be dedi-cated to LRAP grants, was included inthe Centennial Capital Campaign,which is still under way. To date,however, very few donors have madesignificant restricted endowment giftsfor this purpose. Last spring theBoard of Trustees established two$25,0000 endowed scholarships inhonor of Professors Paul Jones andPaul Marino, both of whom retired atthe end of the 2000-01 academic year.Professors Jones and Marino haveasked that the income from theseendowed scholarships be used forLRAP grants. One additional facultymember is also funding an endowment

Attack onAmerica:

What You NeedTo Know

By Chris Frank, WMCL-4L

On September 11, 2001, Americawas stunned by the greatest act ofterrorism to ever occur on its soil.At the time this was written,America had just begun its attack onbase camps of known terrorists inAfghanistan. It is the purpose ofthis article to provide a brief synop-sis of some of the central people andplaces at the center of the war onterrorism.

Osama bin LadenOsama bin Laden is considered by

most to be the man responsible forthe September 11, 2001 attacks onthe World Trade Center and thePentagon. He was born in Saudi

Arabia, one of twenty sons of awealthy construction magnate withclose ties to the Saudi royal family.In 1979, at the age of 22, bin Ladenleft Saudi Arabia to supportAfghanistan in its decade-long fightagainst Russian invasion.

In 1981, bin Laden received adegree in Public Administration fromKing Abdul-Aziz University inJeddah, Saudi Arabia. In 1989, afterRussia withdrew from Afghanistan,he returned to Saudi Arabia toresume work in the family construc-tion business, the bin LadenConstruction Group. In the early1990’s, bin Laden’s Saudi citizenshipwas revoked and his family disownedhim because of his extremist views.He spent the next few years in Sudanuntil 1996, when U.S. and Egyptianpressure resulted in bin Laden beingexpelled from Sudan. He thenreturned to Afghanistan where hehas since lived under protection ofthe Taliban.

Osama bin Laden is the leader of aninternational terrorist group knownas the Al-Qaida. The Al-Qaida grouphas cells in numerous countriesincluding, allegedly, the UnitedStates and the group is financed bybin Laden. It is estimated that binLaden has a network of over 3000Islamic militants. According to theU.S., bin Laden is responsible for atleast three other major attacks: the1993 bombing of the World TradeCenter, the 1996 killing of 19 U.S.soldiers in Saudi Arabia, and the1998 bombings in Kenya andTanzania.

The September11 Assault, The

October 7Response,

And The U.N.Charter

By: Anthony S. Winer, Professor ofLaw, William Mitchell College of Law

Political figures in this countrysometimes view the United Nationsas a mere political organization ofdubious legitimacy. It is not unusualfor Senators and other federal politi-cians to chastise the organization,for example, for inefficiency, waste-fulness or bias. Sometimes thesuggestion is even made that theUnited States withdraw from the UN.

However, under current doctrinesof international law, the position ofthe UN and its founding instrument,the UN Charter, are not the least bitdubious. Quite simply, the manda-tory provisions of the UN Charter,and actions taken by countries andUN forces pursuant to them, providemuch of the basis for modern inter-national law. Like it or not, anyonewho wants to take international lawseriously in the modern era musttake the UN and the UN Charter seri-ously.

The purpose of this essay is toreview the chain of key events thatbegan with the September 11 attacksfrom the perspective of the interna-tional law principles set forth in theUN Charter. This should provide abackground for understanding theinternational-law basis of much ofwhat U.S. officials have been doingin recent weeks, and what they maybe doing in the future.

When the UN Charter was adoptedin 1945, the countries that emergedvictorious from World War II hopedthat the new document would helpto establish a world in whichrecourse to war by states would notbe legally permissible. It is in thisspirit that Article 2(4) of the Charterprohibits "the use of force againstthe territorial integrity or politicalindependence of any state". Thislanguage is intended to outlaw waras an instrument of national policyby any UN member state.

Faculty Support of LRAP andPILF Summer Stipend Challenge

Gift Proposal is Awesome

continued on page 12 continued on page 8

continued on page 8

In This IssueThe 9/11 Assault. . . . . . . . . . . . 1Attack on America . . . . . . . . . . . 1Faculty Support is Awesome . . . . 1Creaky Worldviews . . . . . . . . . . . 3Perspectives . . . . . . . . . . . . . . . 4Bigots Target School Children . . . 5Jihad & Terrorism . . . . . . . . . . . 6America Prays . . . . . . . . . . . . . . 6A Meeting of the Minds . . . . . . . 6Justice’s Power Grab . . . . . . . . . 7Islam Fundamentals. . . . . . . . . . 7The Good News Report . . . . . . . 10

ColumnsFrom the Editor. . . . . . . . . . . . . 3Spouse’s Sidebar . . . . . . . . . . . . 5Alumni Corner. . . . . . . . . . . . . . 9Random Thoughts . . . . . . . . . . . 9Student Organizations Update . . 10Career Services . . . . . . . . . . . . 11Calendar. . . . . . . . . . . . . . . . . 15

By: President and DeanHarry J. Haynsworth

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It is estimated that bin Ladenhas a network of over 3000Islamic militants.

Page 2: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

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Page 3: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

CreakyWorldviews

By Jennifer Macaulay, WMCL-4L

We all have stories to tell, anec-dotes to share, e-mail prayer lists,candles to light, and memories tohold on to. Many of us have lostrelatives or friends. No one will soonforget the events of September 11th.We’ve changed as a community, andas a nation in no small or insignifi-cant fashion. I’m not talking aboutthe fear… the fact that the armysurplus store has an eight-week wait-ing list for gas masks, that people arehaving anxiety attacks in tall officebuildings, or that nobody wants totravel on an airplane. Fear is a tran-sitive emotion, and emotions are atransitive state of mind. The changesin our worldview are not so transi-tive, and the way those changes havechanged us, and continue to changeus will be something that historiansand sociologists will reflect on quizzi-cally in ten years. I can’t help butreflect on it now.

So many learned commentatorshave opined that the nation shouldnot be so shocked by the events oflate. They tell us that nations ofpeople have hated the United States,and for good reason, for hundreds ofyears. They tell us, as if we are chil-dren, that we are not immune fromterrorist blitzkrieg, from nuclearholocaust, from biological warfare.The world part of our common world-

view may have just grown exponen-tially. That sounds like a good thingon paper. Maybe it’s not?

When we live in this insular world,in the "Midwest," as part of ourfamily and small coterie of indispen-sable friends and lovers, with peoplewe respect and people we despise,cult heroes and heroines and personaland professional goals and aspira-tions… how often do we reallyconsider Afghanistan or Pakistan orUzbekistan, religions and beliefs thatwe don’t espouse, people that we’venever met, and cultures that we don’tunderstand. How often should we?Are we somehow socially ignorantbecause we don’t think about biologi-cal warfare while we brush out teeth?Have we lost touch with realitybecause we don’t understand theMuslim religion as well as we under-stand our own, or if we don’t espousea religion? Are we naïve and unso-phisticated because we felt secureliving in this "most powerful nationin the world?"

I would describe my reaction toSeptember 11th as willfully inept. (Irely on that reaction quite often; it’sa staple in my emotional war chest.)Others have described it (myemotionless response, that is) as asort of cognitively absent "auto-pilot." Others apparently thoughtthat I secretly felt something verydark. Truth is, I didn’t have anemotional response. I assumed thatsomething on TV could not possiblyhave any significance in my triviallittle life. I had class that morning.

Estates and Trusts, 7:30-8:50. We leftclass and walked through thecommons whence we encountered averitable throng of students, facultyand staff surrounding the TV’s. Iasked a throngster what was goingon, and they responded that someonehad bombed the World Trade Centerand the Pentagon - something aboutcommercial airplanes. I kept walk-ing. Got in my car and was driving towork when someone called and toldme we the office was closing for theday. I went home and walked mydog, and people were coming out oftheir houses just looking at eachother blankly. I returned the favor inkind and continued to auto-pilotmyself home. Sorry idealists, this isnot the shock part of the story. Thisis me on a daily basis. And I wouldhasten to guess that it’s most of youtoo.

They closed the University ofMinnesota, and my sister, a studentthere, stopped by to camp on mynotoriously comfortable couch towatch my notoriously mesmerizing TVin the cramped little womb that I callhome. Womb it is. There, my sisterand I sat complacently and emotion-lessly watching the gut-wrenchinghuman trauma that was, and still is,September 11th, as narrated by a vari-ety of familiar looking talking-heads.So sad that this has to happen to"other people," out in that "otherplace."

And later, as the days passed, andour nation’s leaders decided to sendmilitary troops to the Middle East,again, we thought about how scarythat must be for "those people" and"their families." I thought brieflyabout my little brother who just gotout of the Marine Corps. I thought itwas a good thing he "got out whenhe did." And then I thought about

how "those people" over inAfghanistan might be the victims of anew breed of American terrorism."Those people" and "their families"were probably frightened and terror-ized too.

I didn’t used to think a lot aboutNew York or D.C. or Pennsylvania. Iinterviewed with a firm inPhiladelphia this summer. I thoughtabout Pennsylvania for a few weeksbefore and after that. For all intentsand purposes, I really didn’t considermyself to live in the same place asthose people I know who live on theEast Coast or the West Coast or inother countries. We live in different"places," and we exist at leastmentally in these unique places on adaily basis. There’s really nothingunifying about our existence besidesthe occasional visits, letters, post-cards, phone-calls, stupid spame-mail jokes. We "keep in touch," orwe "touch base" so that we can feelless separate but we don’t live in thesame "place" in any sense of theword.

But once I engaged in a cursoryinvestigation of my degrees of sepa-ration from 9/11, I saw theconnections. I lost the sense ofdisconnect that I otherwise deliber-ately maintain, that I don’t live inthe same "place" as "those people."I realized that those are "my people"and they are from "my place" wherewe all live uncomfortably closelytogether in "our world."

I have a cousin who worked atMorgan Stanley, in the South Towerof the World Trade Center. Heescaped relatively unscathed afterthe plane hit his building. Anothersecond cousin worked for theDepartment of Defense in thePentagon. She didn’t escape and she

Page 3The Opinion • Winter 2001

Editor-in-Chief: Jennifer D. Henderson

Business Manager: Jennifer Macaulay

Faculty Advisor: Douglas Heidenreich

Contributing Editors: Chris Frank, Dan Gilchrist, Tracy Harris,Mary Kilgus, Jennifer Macaulay, Patrick Ostergren

Non-student Columnists: Diane Lund, Mike Henderson

©2001 The Opinion, William Mitchell College of Law Student Newspaper

The Opinion is an independent publication of the Student BarAssociation of William Mitchell College of Law. The views expressed in TheOpinion are those of the authors and do not reflect the views of WilliamMitchell College of Law, its employees or its Board of Trustees unlessotherwise noted.

The Opinion is always seeking quality content for publication.Interested authors may forward articles of not more than 1500 words [email protected]. The Opinion also welcomes letters from read-ers limited to not more than 250 words at the same address. Pleaseinclude with all articles and letters your name and contact information,and note whether you are a student at William Mitchell. The Opinionreserves the right to edit submissions for clarity or space.

Please contact the Editor-in-Chief at [email protected] withspecific questions or comments.

Parties interested in advertising in The Opinion should contact theBusiness Manager at [email protected].

If you are reading this "From theEditor" column, then The Opinionhas, once again, been published.After the events of September 11th,it seems arrogant to assume that theworld will continue to go on as it didbefore. But for many of us, our dailylives remain - for the most part -unchanged. I don’t know about you,but that aspect of things is one ofthe most difficult for me.

Like most law students, I rushthrough each day, barely aware ofthe world around me. My schedule ofwork, class and homework requires it.But since September 11th, I’vewished for a stop to it all. I want tobe able to take time to think aboutwhat has happened and, in my ownway, to mourn.

As the events of September 11thunfolded, I was at work. After thesecond tower of the WTC fell, Iwanted desperately to go home - tobe with my husband in the safety ofmy own home. I waited, agitated, forsome announcement from myemployer that we could go home, butit never came. Eventually, I leftanyway. As I waited for my husbandto join me at home, I called WilliamMitchell, hoping my evening classwould be cancelled. It wasn’t; Iskipped. I stopped for a day buteverything around me kept going andkeeps going to this day.

They say that the best thing we

can do is to go back to our regulardaily lives but did we ever really doanything else? Our society doesn’tlike "down time;" it doesn’t want toallow time for absorbing unpleasantthoughts. The faster we run, the lesswe have to think about unpleasantthings like the fact that any one ofus could have been sitting around aconference table in the World TradeCenter on that day, at a real estateclosing or taking a deposition, oblivi-ous to the face that our lives wouldbe over within a few short minutes.

But why think about it, right?What good does it do? Thoughts likethat only serve to get in the way ofefficiency and the ability to buildwealth. Why shut down a business ora school just because the WTCcollapsed and the Pentagon is burn-ing? That would only give us time todwell on inefficient emotional thingslike sadness, shock, empathy andsympathy. These emotions have novalue, right?

I wouldn’t be surprised if theFederal Government declaresSeptember 11th a federal holiday toremember and mourn the people lostin the terrorist attacks. Too bad we’llall be at work that day.

Editor-in-Chief,Jen Henderson

From the Editor

continued on page 12

Page 4: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

International Human RightsFinancial EstoppelBy Philip Forsang Ndikum, WMCL-2L

United! Unité! Unidos! I have avision for a United States of Africa.My work on International HumanRights started five years ago inEngland where I studied for an

LL.B (Hons). Whilst in England, Iwon a scholarship to studyInternational Human Rights inStrasbourg, France. I graduated fromboth courses with highest honors andmy work is greatly inspired by thepolitical and legal super structures Iacquainted myself with while inStrasbourg.

In the current draft of my book(International Human Rights, UnitedStates of Africa, supervised byProfessor Michael Steenson, WMCLProfessor), I set forth a vision for aUnited States of Africa, seeing itsimplementation through the prism ofa human rights activist. My vision isthat a United States of Africa willcome about and sustain only whenthe process of African unity is carriedout in the following order. First,Africans should use internationalhuman rights treaties and the rule oflaw to establish principles to impactthe development of Africa. Oncethese principles are established, therule of law and human rights willmost likely guarantee a climate foreconomic prosperity. In this climate,political unity will be achieved andsustained as a matter of course.

While I clearly believe Africansmust take charge of their destiny, Ialso believe, with good reason, thatthere is an international conspiracyby some developed nations to under-develop Africa, thereby providing aclimate for the perpetual exploitationof this rich continent with impunity.It is in this light that I am developingmany legal principles to keep theinternational community in check. Istrongly believe that these principles

should be used by the eight hundredmillion citizens of the United Statesof Africa to question financial andeconomic transactions that have theappearance of impropriety to thedetriment of Africa. In my work, Iexpress much hope in an AfricanBankruptcy Law and an InternationalHuman Rights Financial EstoppelPrinciple for Africa. I believe that abankruptcy system and financialestoppel principles will offer theUnited States of Africa’s citizensopportunities to take business risksand avenues to fresh starts whenstart-ups fail, thus creating opportu-nities necessary for the sustainabledevelopment of the United States ofAfrica and a viable financial systemthat will spur development. Thisarticle is meant to introduce a newrule of law I propose for internationalfinancial transactions - InternationalHuman Rights Financial Estoppel.

Citizens of the United States ofAfrica (developing countries, so tospeak), can use this principle toenforce their newly acquired rightsunder International Human RightsTreaties. The new rule of law is aretroactive and prospective remedyfor loans granted or acquired topromote cold war political agendas.The new rule specifically targets loansgiven to developing countries(African countries at that time, butnow involving citizens of the UnitedStates of Africa) from 1960 to 1990by the developed countries, i.e., theUnited States, Britain, Germany, andFrance.

The new rule is based on an inter-national consensus that all peopleshave a right of self-determination.(See the International Covenant onEconomic, Social and Cultural Rights,G.A. res. 2200A (xxi), 21 U.N.GaorSupp. (No. 16) at 49, U.N. Doc.A/6316 (1966), 993 U.N.T.S. 3,entered into force January 3, 1976.)By virtue of that right, they freelydetermine their political status andfreely pursue their economic, socialand cultural development. The newrule, International Human Rights

Estoppel, works like this: When governments and financial

institutions grant loans to roguedictators and unscrupulous leaders indeveloping nations knowing full wellor having the slightest reason tobelieve that these loans are siphonedinto Swiss Banks and offshoreaccounts, and nevertheless accordadditional loans to these same roguedictators and unscrupulous leaderswithout evidence that the first loanshad been properly appropriated,International Human Rights Estoppelmust bar loan recovery.

In order for International HumanRights Estoppel to apply, I havedeveloped an eight-part test. Aspropounded, the InternationalHuman Rights Estoppel rule of lawapplies if any five of these questionsare answered in the negative:

First, are the parties who negoti-ated the loan agreement of equalfinancial strength?

Second, is the party granting theloan aware, or does it have reason tobelieve, that the government accept-ing the loan mismanages part andsiphons some of the loan money toSwiss or other offshore accounts?

Third, were officials bribed at thetime the loan agreements or financialtransactions were entered into?

Fourth, is the loan agreement bind-ing on citizens of the recipientcountry in perpetuity?

Fifth, is there a forum clausechoosing a forum in the borrowingcountry or a neutral third country toadjudicate disputes arising out of theloan agreement?

Sixth, does the loan agreementdesignate a neutral third party toadjudicate disputes arising out of theloan transaction?

Seventh, did the lender appriseitself of international human rightstreaties that require countries to takeinto account the welfare of citizenswhen conducting business in develop-ing countries?

Eighth, did counsel representingthe countries apprise parties of coun-try conditions, expectation, and

perceptions of citizens of the UnitedStates of Africa regarding the impactof the loan on their rights?

These questions shall be construedstrictly against the United States,Britain, Germany and France whenthose countries grant loans to theUnited States of Africa or otherdeveloping nations. These questionstrigger the principle of estoppel ininternational finance becauseconstructive trust principles apply.Under International Human RightsFinancial Estoppel, advocates shouldnote that it is malpractice to prepareinternational financial contractswithout taking into account theexpectations of citizens of theborrowing country and the humanrights treaties that accord them aright to development. Citizens of theUnited States of Africa would, at last,have a principle in their legal arsenalto seek remedies for loans which ofcourse did not benefit them in thecold war era in this "fix all" provi-sion, International Human RightsFinancial Estoppel.

Page 4 The Opinion • Winter 2001

Perspectives

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on taking your exams!Charles Whitebread will be

coming to William Mitchell todiscuss his 8 exam-taking tips!

When: November28th, 2001

Where: Room 319 Time: Time 9:30 am

This is FREE to all WilliamMitchell Students!

Sponsored by the Student BarAssociation and BarBri.

Page 5: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 5The Opinion • Fall 2001

By Dan Gilchrist, WMCL-4L

In September 1957, angry adultsviolently blocked children fromentering Central High School in LittleRock, Arkansas in the wake of Brownv. Board of Education. Federal troopscleared a path for the students toattend school. Pictures of thathistoric event evoke not only horrorand resentment, but also bewilder-ment. How can adults harbor suchrabid hatred and why do they directit towards children? In September2001, angry adults violently blockedeven younger children from enteringHoly Cross Girls Primary School inBelfast, Northern Ireland. Onceagain, bigots are violently tormentinginnocent schoolchildren.

On Monday September 3rd of thisyear, girls aged 4 to 11 set off for thefirst day of classes at Holy Cross, aCatholic school. Angry Protestantmobs attempted to block their entryto the school because they did notwant Catholics to walk on "their"streets. The Catholic school islocated adjacent to a Protestantneighborhood. The adults hurledinsults and missiles at the girls asthey walked down a 300-yard portionof Ardoyne Road. Photographs of theterrorized children and their frenziedtormentors are shocking and theyevoke memories of 1957. Sadly, theviolence did not end on September3rd. Each morning the innocent chil-dren faced growing mobs andheightened levels of terror. CNNReported: "Police used clubs andshields to force a clear pathway forparents to escort their children, someas young as four, through the frontentrance of the Holy Cross GirlsPrimary school." Over 200 stone-throwing bigots met 45 girls andtheir worried parents on the first twodays of school. By the third day ofclasses, 100 of the school’s 230 pupilswent to school and braved thebarrage. That day, September 5th,Protestant militants (the Red HandDefenders) tossed a bomb at the chil-dren and their police escort. Thebombers severely injured two police-men, but killed no one.

Anne Tanney, the head teacher atthe school, said many of the girlsarrived in "a terrible state of panic."Tanney told the Associated Press: "I'mreally horrified and disgusted thatthis kind of thing could happen tochildren. To think that someonewould throw a blast bomb is unbe-lievable." Unbelievable, but true.Amazingly, the bombing did not endthe daily torment. No shame befellthe Protestant mob. They continuedtaunting the girls throughout thenext full week. No history lesson ofthe so-called "Troubles" can explainaway the September 5th bombing orthe daily harassment. But, as withLittle Rock in 1957, history is thebest source of understanding thehatred – inadequate as it may be.

England has exercised control overportions of Ireland for hundreds ofyears. In the Sixteenth Century,after centuries of colonizationattempts, England expanded itsdomination over Ireland. QueenElizabeth I, a Protestant, oversaw

increasedpersecu-tions ofIrishCatholics.OliverCromwell’ssubsequentsiege ofIreland in1649 ended

with massacres of Catholics inDroheda and Wexford. Cromwellforced thousands of Catholics torelocate and stripped them of theirland. By 1691, Protestant supremacywas sealed when English King WilliamIII defeated the Catholic forces ofJames II.

Catholics in Ireland suffered greatlyin the subsequent period of Britishoccupation, enduring laws thatprevented them from bearing arms,holding public office and restrictingtheir rights to an education.Landless Catholics died en masseduring the famine of the mid-Nineteenth Century while Britishlandowners stood by as observers.Later, after some rights were eventu-ally restored, the animosity betweenCatholics and Protestants remained.

Irish Republicans (Irish Catholicssupporting an independent Ireland)won partial success in 1921 with theAnglo-Irish treaty. This treatyawarded independence to 26 ofIreland’s 32 counties. Those 26 coun-ties became the Irish Free State andlater the Republic of Ireland, thecapitol of which is Dublin. The othersix counties remained under Britishcontrol as Northern Ireland, withBelfast as the capitol. This partitionproved a workable compromise untilthe 1960’s when the Troubles eruptedin Northern Ireland between theCatholic Republicans and theProtestant Loyalists.

Like African-Americans in theUnited States, Catholics in NorthernIreland took to the streets in 1968 toprotest discrimination in votingrights, housing, and employment.Heavy police crackdowns followed.British troops joined the assault onCatholic protestors. The most infa-mous attack happened in 1972 whenBritish troops fired upon Catholicdemonstrators, killing 14. Themassacre, dubbed "Bloody Sunday,"was memorialized by U2’s song"Sunday, Bloody Sunday." A war ofsorts followed between the IrishRepublican Army and BritishLoyalists. Many innocent civilianswere killed in acts of terror. Neitherside’s hands were clean.

In the late 1990’s, peace talksyielded promising results. Britainagreed to allow Northern Ireland toonce again rule itself under aCatholic/Protestant power sharingagreement.

The Irish Republican Army agreedto disarm. The promise of a peacefulfuture slipped away however. Thesmoldering mistrust and hatred resur-faced. The sad result is that in theyear 2001, young girls were besiegedby shouting, spitting, stone throw-ing, and a firebomb on their way toelementary school.

By Mike Henderson

Students and staff at WilliamMitchell are blessed to have theirschool situated in such a lovelypart of St. Paul. The icing on thecake would have to be the varietyof great eateries within just a fewblocks of school. For those nightswhen you are lucky enough tohave time to dine together, I’ll tellyou about a few of my favoriteplaces near school to refuel,recharge and relax with my favoritestudent.

Since I mentioned cake, let’sstart with the restaurant that wasthe deciding factor when it came towhere my spouse would end upgoing to law school. She’ll tell youshe chose William Mitchell for itsgreat reputation and honorableprofessors, but make no mistakeabout it, Café Latte’s Germanchocolate cake sealed the deal.A bowl of the spicy chicken chilibefore the barrage of baked goodsis a great way to spend a winterhour. If tuition included a dailymeal at Café Latte, I’m sure WilliamMitchell would skyrocket to the topof the "Best Law Schools inAmerica" list.

Every hard working student (andhis or her significant other) needsa cold beer and plate of hot friesnow and then, and for that Billy’sis ideal. During the warm-weathermonths Billy’s has a lively deckthat makes it easy to forget aboutthat past-due term paper. Inside,Billy’s has pool tables, dart boardsand plenty of cold beer to takeyour mind off of school.

For me and my significant other,nothing beats a significant slice ofpizza from The Italian Pie Shoppe.The sauce is boss at this unpreten-tious pizza joint, where they excelat both thin crusted and stuffedpizzas. Their large pizza pairedwith an old fashioned vanilla cokemakes for a relaxing evening. TheItalian Pie Shoppe also has outdoorseating to calm "classroom fever"on warm September days.

Just a few blocks behind WilliamMitchell is Costellos, St. Paul’sversion of Cheers with above-aver-age bar food and spicy bloodymarys. It’s a friendly, neighbor-hood place, though if you walk inand everybody knows your name,you’re probably spending too muchtime in the bar or you did some-thing embarrassing the nightbefore.

Just down the street fromCostellos is the romantic W.A.Frost, with one of the city’s bestoutdoor eating spaces. Theterraced patio is a great place toget to know each other again aftera long semester. Indoors, the barserves a limited selection of food,including a terrific cheeseburgerthat you won’t find on the menu.It’s a cozy spot to talk aboutanything other than student loans,exams or class rank.

Bamboleo is a new Latin-themedrestaurant with warm red walls,soft candles and high- backed

booths. They have several tastyyet potent rum drinks of which theRum Bamboleo was my favorite.After two of these drinks you’llwish you were in the Caribbean,and after three Rum Bamboleosyou’ll think you are in theCaribbean. The El Cubano sand-wich is humongous and very good.The leftovers alone will get youthrough the next two days ofdinner-for-one while your spouse isin class.

Often my spouse and I find thatthe only thing that will get usthrough a grueling week of workand school is the promise of icymargaritas and cheesy enchiladason Friday night. To satisfy thatcraving, we head to La CucarachaRestaurante. The service is alwaysgood, as is the food. It’s a niceescape from the cold of winter, theheat of summer or whatever otherhardship you need to escape fromin order to justify blowing yourdiet. (We’ve learned to be creativewith our justifications!)

Down Grand Avenue towards thebright lights of Minneapolis is RedFish Blue. This is an inexpensiveseafood restaurant with dazzling,colorful walls and a nice selectionof fresh fish. Don’t go for a stiffdrink since the restaurant is tooclose to a school to be able to servehard liquor. Instead, enjoy yourfish tacos with a cold beer or glassof wine (but take my advice andskip the wine-based margarita.)

This brings me to my last selec-tion, The Lexington. This longstanding supper club is a throw-back to the days of Sinatra and theRat Pack with terrific steak andpotato dinners in an invitingsetting that is a timeless treasure.It’s a great place to dress up a bit,and celebrate graduating, finishinga semester, making it through aWednesday, remembering yourlocker combination… . I was myspouse’s witness for the final trialin Lawyering but was able to blockout the entire experience thanks topost-trial drinks and dinner at TheLexington. Now that’s a restau-rant!

Remember, be creative with yourjustifications and enjoy theseunique restaurants in the WilliamMitchell neighborhood.

Café Latte850 Grand Avenue

Billy’s On Grand857 Grand Avenue

Italian Pie Shoppe777 Grand Avenue

Costello’s Bar and Grill393 Selby Avenue

W.A. Frost374 Selby Avenue

Bamboleo162 Dale Street North

La Cucaracha Restaurante36 Dale Street South

Red Fish Blue1681 Grand Avenue

The Lexington1096 Grand Avenue

Bigots Target SchoolChildren - Again

Spouse’sSidebar

Page 6: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 6 The Opinion • Winter 2001

By Tracy Harris, WMCL-2L

Following the tragedies ofSeptember 11th prayer permeatedour nation. Remarkably it permeatedour government as well. After all thelegal warfare to keep religion out ofgovernment, the humanistic philoso-phy inspiring that movement did notseem to matter to a hurting peoplewho needed comfort beyond human.No line separated church and state asour President and members ofCongress called upon God. Any gainsby the American Civil Liberties Unionat squashing religious speech in thepublic arena were undone for a time.When our nation was shaken, manyonce again humbly acknowledged ourarrogance and insufficiency.

The Establishment Clause of theFirst Amendment proscribes Congressfrom making laws that respect anestablishment of religion or prohibit-ing the free exercise thereof. ThoughCongress is explicitly forbidden, thejudiciary seems to think it is not.Several court decisions have abro-gated our fundamental right toreligious speech at civic activitiesand within public forums, calling itunconstitutional. The real conflictconcerning the Establishment Clauseis not in discerning the spirit of thelaw, nor does it concern the correctinterpretation of the plain meaningof the text; it is about control. Thisis obvious in our schools where,against the beliefs held by parents,children are taught that evolution is

a fact. No other options arepresented because that would be"unconstitutional"—there is onebelief asserted. Instead of advocat-ing for "religious liberty," the courtshave attempted to establish anational belief system of secularhumanism where God is no longerwelcome.

Nevertheless, the EstablishmentClause did not stop religious invoca-tions under the rotunda after theterrorist attacks. Senator Jon Kyl (R-AZ) prayed: "The message again is toturn to God. He alone has theanswers." Representative John Lewis(D-GA) was also not intimidatedwhen he publicly prayed in a govern-ment building and in his capacity asan elected government official: "Ourpeople are hurting, help us, oh God.See us through this storm and holdus in the palm of your powerfulhand."

In the wake of crisis, a nation turnsto God. Attempts at resisting oursouls’ inclinations toward publicprayer, no matter the forum, deservethe same response given by aPharisee among the teachers of thelaw in the first century concerningreligious speech in the publicsquares: "[I]f this plan or action is ofmen, it will be overthrown; but if itis of God, you will not be able tooverthrow them; or else you mayeven be found fighting against God."(Acts 5:38-39)

America PraysBy Patrick W. Ostergren, WMCL-4L

When St. Francis of Assisi (1182-1226) met with Sultan Malik al-Kamil(1180-1238) during a lull in theCrusaders’ siege of Damietta in theNile Delta in September 1219, it wastruly a meeting of the minds betweentwo faiths that preached tolerance.Both men were labeled fanatics bythe Christian establishment.Nevertheless, both men commandedmovements rivaled only by the spreadof Catholicism.

The explosion of "Franciscanism" inthe Thirteenth Century and the rapidspread of Islam from the SeventhCentury onward propagated a faith ina single God. Both faiths preachedtolerance and understanding. A trueChristian walks in the footsteps ofJesus as Francis did. A true Muslimshares the simplicity that Francispreached and is tolerant of otherfaiths. To become a Muslim, onemust only say: "There is no God apartfrom God, and Muhammad is theMessenger of God."

That declaration is essentially thesame as the Council of Nicea’s famousdeclaration still uttered today atevery Christian service: "I believe inone God, the Father almighty –maker of heaven and earth – and inJesus Christ his only son, born untothe Virgin Mary."

The prophets’ names may be differ-ent but the complete devotion to asingle God is the same.

Today, just weeks after the attacks

on this country, and our subsequentattacks on Afghanistan, books aboutIslam are flying off the shelves. It isimportant for Americans to knowabout Islam. However, our desire tounderstand Islam may have come toolate and for the wrong reasons. I fearthe rush on books about Islam ismore an effort by Americans to sizeup an enemy than to truly under-stand another faith.

As Roger Du Pasquier said in hisbook, Unveiling Islam: "The West,whether Christian orde–Christianized, has never reallyknown Islam. Ever since theywatched it appear on the world stage,Christians never ceased to insult andslander it in order to find justifica-tion for waging war on it. It hasbeen subjected to grotesque distor-tions, the traces of which still endurein the European mind. Even todaythere are many Westerners for whomIslam can be reduced to three ideas:fanaticism, fatalism and polygamy."

The irony of America’s suspicionabout the Islamic world is thatChristianity has had a relationshipwith Islam since the time of theProphet Muhammad. The three greatreligions of the Middle East all sharethe same foundations. Islam,Christianity, and Judaism are reli-gions inspired by the same God, bornin the same land, shared by the samepeople and transcending the samefaith.

Islam is not some foreign concept

A Meeting of the Minds

continued on page 11

By Hassan Ali Mohamud

(Interview by Jennifer Macaulay)

Mr. Mohamud is a WMCL studentand Imam of Al-taqwa Mosque,located at 804 University Avenue West,St. Paul, Minnesota 55104. He partici-pated in the panel discussion,"Responses to Terrorism: Policy andHuman Rights" which took placeOctober 16th in the William MitchellAuditorium. Below, Mr. Mohamudanswers some questions posed byJennifer Macaulay. In the adjacentarticle, he outlines some of the funda-mentals of Islam.

Q. We all know better than tojudge others merely because of theirnationality or their religion. Theproblem we encounter is that manyof the terrorists responsible for theWorld Trade Center attack, includingbin Laden, believe they are followingGod's will. Are they lying? What arethey talking about? How do theycome to this conclusion?

A. In Islam, we have theconcept of fate or destiny or God'swill. It means nothing will happen inthis world except with God’s knowl-edge. For example, Almighty God

knew that the WTC would beattacked, but we human beings didnot know this because of our limitedknowledge. We just found outSeptember 11, 2001 when the inci-dent happened. In Arabic terms, thisis called "Al-qadar" or destiny or fate.In other words, it was in God's plan.The next question is how can weinterpret the action of the humanbeings who made this happen,whether they are Jews, Moslems,Christians or others? First, Islam sayseveryone is responsible for his or heractions - good or bad - and he or shewill be accountable before God in theDay of Judgment. This means thehuman being is given free will(within God's will) to act and there-fore he or she cannot make mistakesand then use God’s will as an excuse.For example, it is told that theProphet Mohamed and his companiononce made a mistake and Allah (God)revealed a verse of Koran saying: You(Mohamed) and your companion areresponsible for the mistake. (Koran:Chapter 4, verse 165.) Therefore,killing innocent people and destroy-ing buildings, homes and humancivilizations cannot be justified usingGod's will as an excuse. Whoeverinstigated the attack, they did it fora purpose and they must be broughtto impartial and international justicewhen the collection of genuineevidence is completed. As far Iknow, Islam, Christianity andJudaism are not religions of violence.

Q. How is our Moslem commu-nity in the Twin Cities reacting tothis new war against terrorism? Couldyou summarize the reaction you'veseen?

A. The Moslem Council ofMinnesota, which represents most ofthe Twin Cities’ Mosques, does notapprove of this war because we donot think violence and revenge arethe appropriate answers for thetragedy of September 11, 2001.There are other ways to bringsuspects to justice without more lossof life. As religious leaders, webelieve that the soul of the humanbeing is the most sacred creature onthe earth and that it must beprotected from harm. (Koran:Chapter 15.) Therefore, violence isnot the solution.

Q. What sort of response do youthink your religion would dictate toterrorism? For example, Christianitymight instruct that we should dounto others as we would have doneunto ourselves. Christianity is apeaceful religion too, but it stillallows for a "proportional response"to violence...i.e., an "eye for an eye, atooth for a tooth."

A. Islam also has the concept ofan "eye for an eye," but at the sametime, one of the meanings of Islam ispeace. The Taliban itself condemnedthe act of terrorism of September 11,2001. In Islam, we have the conceptof Jihad which is to fight againstinjustice, oppression, terrorism andany evil act that harms the existenceof human beings, the manufacturer ofcivilizations. Jihad, however, hasrules, principals and standards thatmust be met before an Islamic statemay call for it. Therefore, the firststep is to find out the most peacefulmeans for the world community tobring the suspects to court. It is upto the world community to explore

those means. I cannot see that weAmericans, or any other country,could come up with a single-mindedsolution without input from the restof the world. For example, if thesuspects were Jews, the worldcommunity should consult with theJewish scholars, their communities,their representative members of theworld community, the state of Israeland any other important group orperson who could participate to setup an international standard for asolution because we are fightingagainst international terrorists.Right now, I do not think the coali-tion has a strong basis to fightagainst world terrorists because thereare divisions among them in terms ofdefining who is a terrorist and how tobest fight terrorism. Many voiceswere not heard prior to the October7th attack on Afghanistan.

Q. If the United States is trulyintending to eradicate the Talibangovernment in Afghanistan, is itpossible for Moslems to support thisaction? Is this consistent with yourfaith?

A. It is not possible for Moslemsto support America’s attempts toeradicate the Taliban government forthe following reasons:

First, on this earth, no religionpermits the eradication of an ethnicgroup, a nation, a state or even asmall tribe. The purpose of all reli-gions is to protect the life of humanbeings in order for the world tocontinue to exist. If there are evilindividuals, there are means tocorrect them even if it means elimi-nating that individual, but not the

Jihad & Terrorism–An IslamicPerspective

continued on page 8

ReligionpoliticsFo

rum

Page 7: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 7The Opinion • Winter 2001

By Hassan Ali Mohamud

ISLAMIslam has two meanings: Whole

submission to the will of Allah (God)(religious meaning); and whole mean-ing of peace (linguistic meaning).People who follow the religion ofIslam are called Moslems. ImportantIslamic beliefs are divided into twoparts. The first part is the Five Pillarsof Islam, which are (i) to witness theexistence of one God (Allah) withoutequal or partner, who created andmaintains the world and to alsowitness that the prophet Muhammadwas the final prophet and messengerof Allah; (ii) to pray five times a day;(iii) to give two and one-half percentof one’s annual saving income in cashor in kind to charity; (iv) to fast fromdawn until dusk every day during themonth of Ramadan (the ninth monthof Islamic lunar calendar); and (v) tomake a pilgrimage to Mecca, SaudiArabia at least once if it is affordable.

The second part of Islamic belief isthe Six Pillars of the Faith (Iman)which are: (i) to believe in one God(Allah); (ii) to believe in all prophetsfrom Adam, Noah, Moses, Jesus andMuhammad as a final prophet andMessenger of Allah; (iii) to believe inall books God sent to humansthrough the prophets including Torahof Moses, Injil (Bible) of Jesus andKoran of Muhammad; (iv) to believein all angels, including Gabriel, andthat two angels attend every person;one records sins and the other, gooddeeds; (v) to believe the fate and thedestiny of every creature is plannedby God (Allah); and (vi) to believe inthe Day of Judgment.

ISLAM AND OTHER RELIGIONSIslam teaches that Moslems,

Christians and Jews are people of thebook. This means that these reli-gions share basic beliefs articulatedthrough three holy books: the Koran,the Bible and the Torah. One func-tion of Islamic law is to protect theprivileged status of minorities.Islamic law permits non-Moslems toshape their own courts which imple-ment family laws drawn up by theminorities themselves.

FIVE RULESThe Five Rules dictate the actions

of Moslems. These rules are: (i) theMandatory Rule which dictates whatthe obligations are (e.g., the fivedaily prayers); (ii) the PermissionRule which dictates what is permitted(e.g., everything that is not prohib-ited by rule five); (iii) theRecommended Rule states what isrecommended (e.g., to smile everyday); (iv) the Non- RecommendedRule which states what is not recom-mended (e.g., staying up after nightprayer or after eight o’clock atnight); and (v) the Prohibited Rulewhich says what is prohibited (e.g.,alcohol).

THE FIVE SACRED ASPECTS IN ISLAMIn Islam, the following five aspects

must be protected: (i) the humanbeing; (ii) religion; (iii) family; (iv)wealth; and (v) honor. The mostimportant creature is the humanbeing. (Koran: Chapter17).

FOOD & DRINKIn Islam, it is prohibited to eat and

drink anything related to pork oralcohol.

DRESSIn Islam, women should wear hijab,

which is to cover their body exceptfor the face and hands. Men shouldwear a dress that covers between the

waist and knees. WOMEN In Islam, women and men are equal

and they both came from single soul.Sura 4, Verse 1 (Koran).

MAIN HOLIDAYSMoslems celebrate two main holi-

days: The first one is the end ofRamadan, the fasting month, and thesecond one is 10th day of the lastmonth of the Islamic lunar calendar.

GREETINGWoman cannot shake a man’s hand

and vice-versa, except in exceptionalcases. For example, a man may shakethe hand of his sister.

EDUCATION & SCIENCEThe first verse that Allah revealed

is about education. Therefore, eachMoslem is required to be educated.

WORKOne must work for his or her daily

life in order to be forgiven by Allah.In one instance the prophetMuhammad kissed the hand of theman who just came back from work.

ARTSIn Islam, art is generally acceptable

except if it is against the principals ofIslam. For example, one may notdraw a nude person or sing a sexuallyexplicit song. In Islam, art shouldprovide messages that develop humanlife.

SOURCES OF ISLAMIC LAWThe four main sources of Islamic

law are the following: (i) the HolyKoran; (ii) Sunna (the tradition or arecord of deeds of the prophetMuhammad); (iii) Ijma (consists ofthe consensus of scholars on particu-lar problems for which the solutionscannot directly be found from Koranand Sunna; and (iv) Qiyas (reasoningby analogy and applying to all otherproblems for which the solutionscannot directly be found from the

other three sources). AL-JIHAD Jihad is an important concept in

Islam. In Arabic, it means strive,struggle and exert effort. It is acentral and broad Islamic conceptthat includes struggle against visibleand invisible evil (within oneself),struggle to improve the quality of lifein society, struggle in the war-fieldfor self defense, struggle to defend areligion or its people, or fightingagainst aggressors or oppressors orinjustice. The Islamic governmenthas authority to call for Jihad, theleader of the Islamic movement maycall for Jihad in the absence ofIslamic State, and other rules mayapply.

RULES OF JIHAD IN THE BATTLEFIELDDuring Jihad, it is prohibited to kill

children, women, patients, elders,priests, Rabbi, or any otherworshipers and animals. It is alsoprohibited to torture soldiers if theyare injured. It is prohibited todestroy houses, farms, water pipes,electrical pipes, and wells. It is alsoprohibited to run after the one whoruns away from the battlefield.

ISLAM AND TERRORISMIslam is the religion of peace not

violence. (Koran: Chapter 2)Therefore, Islam does not support

terrorism under any circumstances.BIBLIOGRAPHYHoly Koran (English Version) by

Allamah Nooruddin; Fiqi Sunnah(Arabic Version) by Sheik Sayid Sabiq;An Introduction to the Law of Islamby Rodolphe J.A. Seife;USATODAY.com; Forty Haddith(English Version) by Imam An-nawawi.

Fundamentals of Islam

By: Peter Erlinder , Professor of Law,William Mitchell College of Law andpast president of the National LawyersGuild.

[This article is reprinted with the permissionof the Minneapolis Star Tribune, which originallypublished the article on September 27, 2001.]

In his speech to Congress lastThursday, George W. Bush wasbrutally frank in preparing theAmerican people for a very long "waragainst terrorism and evil."

Spokespersons for the Bush admin-istration have repeatedly reinforcedthe message that, even if Osama binLaden is located and Afghanistan ispunished militarily, it will take many,many years to ferret out other"terrorists" who are scattered acrossthe globe, and who often look andact like anyone else.

This apparent candor was refresh-ing from Washington politicians, who

are known to offer a "quick fix" tocomplex problems in the interest ofshort-term political gain.

However, Attorney General JohnAshcroft had a completely differentmessage when he appeared before acongressional committee on Monday.

According to Ashcroft, the threat ofpolitically motivated domesticviolence was so great that the HouseJudiciary Committee has to "actimmediately" to pass the sweeping"anti terrorism" laws the JusticeDepartment submitted to Congressless than a week ago. The new law:

• Grants vast new powers to theattorney general himself to seizeproperly documented noncitizenswithout meaningful judicial review.

• Allows greatly expanded elec-tronic surveillance of all Americansand their computers, without tradi-tional judicial oversight.

• Allows indefinite incarceration oflegal noncitizens without trial.

• Allows secret searches of allhomes and offices.

• Allows the seizure of property ofanyone suspected of crime, even if itwas not related to "terrorism."

• Defines "terrorism" so broadlythat it would include many acts that,until now, have been consideredminor crimes or acts of civil disobedi-ence. Throwing a rock could result in

a life sentence.Not since President Richard Nixon

claimed unrestricted authority tocarry out wiretapping and electronicsurveillance in the name of "nationalsecurity" has any administrationsought such broad investigativepower. Even without considering theimplications of the new Office ofHomeland Defense, the JusticeDepartment is proposing nothing lessthan the elimination of many of thechecks and balances between execu-tive and judicial branches ofgovernment that have been claimedto be the genius of the Americansystem.

Earlier, hastily passed "antiterror-ism" laws provide evidence that theseproposals require thoughtful delibera-tion before they are imposed on theAmerican people. President BillClinton's Justice Department pusheda Republican Congress for rapidpassage of the 1996 AntiterrorismLaw to combat "foreign terroristorganizations" in the week followingthe Oklahoma City bombing. Onlyafter Clinton signed the 1996"Antiterrorism Bill" into law did welearn that it was Timothy McVeighwho had committed an act of domes-tic terrorism, not the "foreignterrorists" targeted by the bill. Underthe 1996 law:

• Legal noncitizens can be arrested,detained and deported based on"secret evidence."

• American citizens can be threat-ened with 10 years in prison if they

make a donation to the wrongforeign humanitarian program.

• Completely legal U.S. organiza-tions can be effectively shut down byhaving their assets seized, based onlyon the accusation that the U.S. grouphas ties to an outlawed foreigngroup.

The impact of the 1996 law on civilliberties is being felt by people ofMiddle Eastern origin -- more than 25people already have been locked upfor years without knowing theevidence against them. As the admin-istration's "either you're with us, orwith terrorists" policy is applied onthe domestic front in coming months,antiwar dissenters of all nationalitieswill likely feel its impact, too.

Just like the Bush administration,the Clinton Justice Department alsoargued that quick passage was neces-sary to give the government the"tools to combat terrorism."Unfortunately, we have learned that,in spite of the broader governmentalpower created by the 1996 law, the"tools" undermined civil liberties butwere unable to prevent the loss of lifeon Sept. 11. To his credit, Ashcroftadmitted in Congress that hisproposed Antiterrorism Law of 2001could not have averted the tragedyeither. If this is so, and the "war" willbe protracted, why the rush tochange the checks and balances onwhich our entire system of govern-ment is based, without a reasonedpublic debate on the benefits and

Congress Must ThwartJustice's Power Grab

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continued on page 11

Page 8: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 8 The Opinion • Winter 2001

AfghanistanAfghanistan has a population of

almost 27 million people and isapproximately the size of Texas. Thecountry suffers from enormouspoverty due to many years of war.The average life expectancy is 46years and the literacy rate is 31.5%.Afghanistan’s primary export isopium, which is used to make heroin.Its exports in 1996, not includingopium, were $80 million and itsimports were $150 million.

Afghanistan was invaded and occu-pied by the Soviet Union in 1979.After ten years of fighting, the SovietUnion withdrew. At least a part ofthe anti-communism support cameindirectly from the United Statesthrough supplies and training. Afterthe Soviet withdrawal, fightingcontinued in Afghanistan. To thisday, Afghanistan does not have astable political system. The Talibangovernment currently controls 90% ofAfghanistan. The United Nations andall but four nations refuse to recog-nize the Taliban as a legitimategovernment.

The TalibanThe Taliban are a group of Afghan

Islamic fighters trained in religiousschools in Pakistan. Many of themfought against the Soviet Union’soccupation of Afghanistan. TheTaliban formed as a group in 1994and took over the Afghanistan capitalcity of Kabul in 1996. The Talibanhave proven they are able to fend offthe various Mujahedin warringfactions of Afghanistan.

The goal of the Taliban governmentis to set up the world’s most pureIslamic state. The government imple-mented this agenda by banningtelevision, music and cinema. TheTaliban government enforces laws bypublic executions and amputationsand it has created many laws toprohibit women from working, receiv-ing an education, and from receivingcertain types of health care. Thegovernment also requires men tohave beards longer than their fist andwomen must be fully covered when inpublic.

The spiritual leader of the Taliban isMohammed Omar. Omar lost his righteye in the 1980’s while fightingagainst the Soviet Union. It isbelieved that Mohammed Omar’shome was purchased for him byOsama bin Laden and that bin Ladenplayed a large role in financing theTaliban take-over of Afghanistan.Omar’s close friendship with Osamabin Laden has isolated him and hiscountry from the rest of the world.Mohammed Omar is greatly removedfrom the public and leaves contactwith the public to his foreign minis-ter, Wakil Ahmad Mutawakkil.

The Region SurroundingAfghanistan

Afghanistan is bordered in the Westby Iran, the South and East byPakistan, and the North by theformer Russian states Uzbekistan,and Tajikistan.

Pakistan is one of the only coun-tries to recognize the Taliban as alegitimate government. The Pakistanigovernment has stated that itsupports a fight by the U.S. againstterrorism but will not join in military

action against Afghanistan. Pakistanhas also said that it will not becomea safe haven for Osama bin Laden.

Iran condemns attacks by the U.S.on Afghanistan but urges the UnitedNations to fight against terrorism.Iran will not allow U.S. planes in itsair space for retaliatory strikes andwill not join a U.S. led coalition.

Uzbekistan will allow the U.S. touse of one of its air bases for humani-tarian purposes. Tajikistan said thatit supports the U.S. but has notstated how it will show its support.

Additionally, Saudi Arabia recentlysevered diplomatic relations withAfghanistan to show its support forthe U.S., and Turkey offered the U.S.use of its air bases and air space inretaliatory strikes.

U.S. Retaliation for the WTCBombing

The first wave of American airstrikes began on Sunday, October 7,2001. The U.S. sought to secure airsupremacy by bombing all but oneAfghan air base, any ground airdefense facilities and al Qaeda terror-ist training camps. Additionally, theU.S. is said to have bombed the resi-dential compound of Afghan spiritualleader Mohammed Omar. The Talibanambassador to Pakistan asserts Omaris still alive.

The U.S. asserts it has nowachieved air supremacy inAfghanistan and can bring about airstrikes around the clock. The diffi-culty in attacking the Taliban is thatthere are no clear target areas. Thegovernment has no central military orcivilian areas. Based on Russia’sdefeat, it appears to be difficult toattempt to establish a regime in

Afghanistan. America can easilylaunch missiles from submarines andair craft but ground maneuvers wouldbe difficult in Afghanistan due therugged terrain. In order to specifi-cally target Osama bin Laden, SpecialForces will probably be necessary.Special Forces are described by theU.S. defense as those forces capableof performing extremely difficult,complex, and politically sensitivemissions on short notice, in peaceand in war, anywhere in the world.In this post-September 11th world,each passing day presents extremelydifficult, complex and politicallysensitive problems in a time of fearand uncertainty in the world.Godspeed to the Special Forces andeveryone else involved in the resolu-tion of these problems.

Related Websites:http://www.pbs.org/wgbh/pages/frontline/shows

/binladen/who/miller.html

http://globalresearch.ca/articles/CHO109C.html

http://news.bbc.co.uk/hi/english/world/

south_asia/newsid_155000/155236.stm

http://www.msnbc.com/news/627355.asp?cp1=1

http://www.cia.gov/cia/publications/factbook/

geos/af.html

http://news.bbc.co.uk/hi/english/world/

south_asia/newsid_1549000/1549285.stm

http://www.fas.org/irp/world/para/Taliban.htm

http://news.bbc.co.uk/hi/english/world/

south_asia/newsid_1550000/1550419.stm

http://www.cnn.com/SPECIALS/2001/

trade.center/coalition.maps/red.html

http://www.cnn.com/2001/WORLD/asiapcf/south

/09/26/ret.pakistan.military/index.html

http://news.bbc.co.uk/hi/english/world/

americas/newsid_1561000/1561295.stm

http://news.bbc.co.uk/hi/english/world/

south_asia/newsid_1551000/1551092.stm

Attack on America…continued from page 1

for public service scholarships andothers are considering endowmentgifts for this purpose. The amount ofannual income from these endowmentgifts, however, although significant, isfairly modest. A $100,000 endow-ment, for example, yields only $5,000of spendable income per year underour current policies.

Last fall I discovered that Vice DeanDavid Prince and Associate Deans MattDowns and Deborah Schmedemannshare my interest in increasingWilliam Mitchell’s LRAP assistance.We also share an interest in increasingthe number of Public Interest LawFellowship (PILF) summer clerkshipstipends available to our students.Currently students raise enoughmoney, primarily through a silentauction each spring, to support twoPILF summer stipends. The four deansput together a challenge grantproposal to the faculty. We agreed tocontribute $1 for every $2 the facultycontributes for LRAP grants and PILFsummer stipends over a five-yearperiod (this corresponds to the timeframe for pledges to the CentennialCapital Campaign).

Professors Ann Iijima and Eric Januswere in charge of soliciting the facultyand they did a superb job. The resultshave exceeded our expectations; andwe are very pleased, even though wenow have to give the maximumamount we stipulated in the challengeproposal! For this year the totalfaculty LRAP contributions will be$30,000. This money will be donated

to LRAP-MN, which will make LRAPgrants to eligible William Mitchellgraduates. These grants will be inaddition to the LRAP grants alreadymade to William Mitchell graduates byLRAP-MN. The faculty contributionswill also fund two additional PILFsummer stipends for William Mitchellstudents in the summer of 2002, onefor a public interest placement in theTwin Cities and a second for a place-ment in greater Minnesota.

Thirty full-time faculty membershave contributed so far to this effort.Our faculty, individually and collec-tively, has always been verysupportive of pro bono and otherpublic service efforts. Their extraordi-nary contributions to this program aretruly awesome. I am proud to be amember of a faculty that really “walksthe talk.” I don’t know of anotherlaw school faculty in the country thathas made gifts of this magnitude forLRAP and PILF grants.

The faculty contributions to thischallenge grant will not only helpWilliam Mitchell students and gradu-ates, but also will provide an examplefor our graduates and others tocontribute annual and endowmentfunds for LRAP and PILF grants.

In a future article I hope to provideyou with biographical sketches of thegrant recipients. This will enable allof us to appreciate more fully theimportance of gifts like this for ourstudents and graduates in publicinterest employment and the impor-tant contributions they make to thejustice system in Minnesota.

Faculty Support…continued from page 1

group. Therefore, I think not onlyMoslems, but also Christians and Jewswill never support the eradication ofone group of human beings such asthe Taliban government.

Second, In Islam, the Koran (theMoslem holy book) says all Moslemsare brothers and sisters so they mustprotect each other. Therefore, theMoslem world is responsible forprotecting the Taliban in one of twoways: (i) Moslems must support theTaliban if it is right or just, or (ii)Moslems must stop the Taliban's handif it is wrong and harming others forno reason. In Islam, there areprocesses to stop the wrong-doers.The last resort is to fight againstMoslem wrongdoers if they don'tconform. Right now, I think thatMoslem scholars and the Moslemworld would set up a process to stopthe Taliban and their wrong action ifwe (world Moslems and others) agreethat they are wrongdoers.

Finally, the Taliban is still therecognized government inAfghanistan so its sovereignty mustbe respected.

Q. If it were okay for the UnitedStates to eradicate the Talibangovernment, then would it be okayfor the Taliban to eradicate theUnited States government?

A. I would say it is not okaythat either one be eradicated.

Q. Scholars and reporters havehypothesized that this movement ofextremist terrorists (who happen tobe Moslem) began in refugee camps,

when people were starving, dehydrat-ing and watching their children die.Do you think this is what happened?

A. I have Afghan members inmy Mosque in St. Paul and they didtell me that if the Taliban receivesworld support, its government willmake Afghanistan’s dream real. Fromwhat I’ve seen and heard, the Talibangovernment is the only group tosuccessfully control most ofAfghanistan (about ninety-fivepercent). In terms of their interpre-tation of the Koran and Suna (thetradition of the prophet Muhammad),it depends on the school they arecoming from. In the Moslem world,we have two Islamic schools ofthought: moderate and non-moder-ate. Both of them enjoy respect inthe Moslem world although moderatetrends are more popular. I’ve heardabout the restrictions made by theTaliban with respect to the liberty ofMoslem women in terms of educa-tion, work, and other activities. Letme say this: Islam permits women togo to school, to work, to do all dailylife activities according to Islam.Even if the Taliban appears extremeon women’s issues, consider SaudiArabia: women cannot drive, go toschool, be members of parliament orheads of state departments. Theyhave no voice in the society. SomeSaudi scholars even believe thatwomen’s voices should not be heardby strangers, i.e., that women shouldnot speak in the presence of menother than their fathers, husbands,brothers, uncles, etc. Does this meanwe should eradicate Saudi Arabia?

Jihad And Terrorismcontinued from page 6

continued on page 13

Page 9: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

By Chris Frank

I am almost there. I am in my lastsemester of law school. I can see thelight at the end of the tunnel. Ishould be ecstatic. I should beproud. Instead, I find myself in theself-help section at Barnes & Noble,reading titles like "How to LearnPiano and Spanish in 5 Days with anew Bonus Chapter on the Meaningof Life, FOR DUMMIES" or "TheCOMPLETE IDIOT’S GUIDE to BeingRicher than Bill Gates and StillSpending More Time WatchingFootball than Doing Any OtherActivity." Why have I toiled for threelong years over the minutiae of lawwhen I could have accomplished somuch more by reading just a coupleof these "How To" books? Theinstruction manuals to everythinganyone could ever hope to accom-plish are right here in front of me -written so simply that even Idiotsand Dummies can succeed.

I try to decide which category willbring about the greatest results: TheIdiot category or the Dummy cate-gory. I am searching for the title

"How To Do Anything Besides PracticeLaw." It is not here, but I find "Howto Make a Zillion Dollars forDummies" and "The Complete Idiot’sGuide to Making Zillions." I askmyself why Idiots are able to makezillions, while Dummies are only ableto make one zillion. Which categorydo I fit under? I want to find out so Ibuy both books and go diligently towork.

I follow the instructions carefully.Step one requires me to start withsomething simple. The Internet, theysay, is a level playing field, so I regis-ter a website: Influenceclub.com. (Icame up with the name after discov-ering Chris.com was already taken. Itsounded like a name of somethingthat would make at least a zilliondollars, maybe even zillions.)

"The Idiot’s Guide for Avoiding AnyRealistic Examples for Making Money"says a successful business needspizzazz. It needs something to drawpeople in - like an air conditionedbuilding in July. But to add pizzazzto a website, I have to add interactiv-ity. I need to add forms where peoplecan enter information and the

computer can puke up (not a techni-cal term) information based on thecrap (not a technical term, either)that the visitor entered. So I comeup with an incredible idea of market-ing genius.

I decide that I will make a list ofpeople that will never, ever, beallowed to become members ofInfluenceclub.com. I call it "TheExcluded List." I decide to make it soanyone and everyone can go to mysite and Exclude other people bysimply entering the name of theperson they want to exclude, thenpressing ENTER, and - voila - thatperson’s name will be forever addedto the Excluded List. Unfortunately,I discover that implementing mygenius requires "HTML" and "Perl",the computer programming languagesof web pages. What? These are notthings that Idiots and Dummies knowabout. These are things thatComputer Geeks know about. Geeksare totally different than Idiots andDummies. But alas, for the sake of azillion dollars, I learn the HTML andPerl for Idiotic Geek Dummies. Icreate the Excluded List.

But now the "Stupid Idiot’s Book ofDumb Ideas" says I can’t make azillion dollars unless I actually havesomething to sell. I can’t make

money if people aren’t buyinganything from Influenceclub.com.That would have been nice to knowbefore I made the Excluded List. Whois going to want to buy somethingfrom Influenceclub.com after theyhave been excluded?

After some creative brainstorming,another genius idea illuminates thefog in my head. I discover thatAmazon.com has deal where, ifpeople click from Influenceclub.comto Amazon.com and buy a book, I geta commission. A five percentcommission! That sounds like a lotto me - I will be rolling in dough.And then more genius! - I will tellthe people on the Excluded List thereis only one way to get off of theExcluded List: the answer is in oneof the books sold at Amazon.com.Then they will buy all kinds of books;Zillions, I say.

I wait for the money to roll in. Iwait for the zillions. I wait. I wait.

I look at the web counter that tellsme how many people have visited mywebsite. Twelve, it says. TheInfluenceclub.com website has hadtwelve visits. Twelve? I am fairlycertain at least ten of them are fromme: One from my home computer,one from work, and eight from differ-

Page 9The Opinion • Winter 2001

By Kristi Angus, WMCL ‘98

Life after law school isn’t how Iimagined. I was an "older than aver-age" student entering WilliamMitchell in the fall of 1994. Unableto find a teaching job after fouryears, and unwilling to stay at my jobas an insurance adjuster, I decided toput my efforts into a new career. Ithought that with my background Icould market myself in the insurancedefense field.

Seven years later, I’m teaching MassCommunications and advising thestudent newspaper at a ruralCommunity College. How did thathappen?

I did the normal things lawstudents do. I got a clerking job – ata personal injury firm; they appreci-ated my insurance background. I hadfun with the client counselingcompetition; my partner and I evenmade it to the regional competition –twice. I moved to an insurancedefense firm. They appreciated myinsurance background AND my clerk-ing experience. I was even gettinggood grades! Everything seemed tobe falling into place.

But unforeseen events can affectjobs, priorities and perceptions. Mydaughter was born (on the last day offinals) during the fall semester of1996. My mom died eight days later.I ended up with postpartum depres-sion, albeit a minor case. I tooksome Prozac and recovered. Andthough my ability to do well inschool and my ability to parent didn’tsuffer, my relationships at work did.I was informed I wouldn’t have theoh-so-elusive offer I had hoped for.

I’ve always had an optimistic viewof life, and I bounced back from thatfairly well. I did the OCI thing (on-campus interviews), to no avail. And

then my husband and I decidedmaybe we’d raise our family out-state. We were both from the "lakesarea" and tired of the rush-rush ofcity life. Our priorities had changed.

At the time I interviewed for myfirst job, I was pregnant with baby#2. I got the job and we made plansto move after the bar exam. What arelief to have a job before graduation!Once again, everything seemed to befalling into place.

Four days after celebrating the factthat I passed the bar, my son wasborn. I’ve read that major life stres-sors (a move, a job change, a baby)can predispose one to depression; socan a prior episode of postpartumdepression. Perhaps the combinationof all of the above sent me spiralingdown. By the time I was supposed toreturn to work from maternity leave,I was in the depths of a major depres-sion.

It took nearly a year and a new jobto feel normal again. I began workfor Legal Services of NorthwestMinnesota in November of 1999,working under a grant from theViolence Against Women’s Act. Allmy clients were domestic violencevictims. Most people thought itstrange, but I loved my job. I didn’tmake a ton of money, but I got tohelp women who really needed help,when they needed it. Most of myclients were unbelievably scared atthe thought of leaving an abusivepartner, because of financialconstraints, children in common, orfear that leaving would not end theabuse. I was their support when theyneeded someone to trust, someonewho could reassure they would likelyretain custody, and sometimes some-one just to vent to about thesituation.

I got to go to court nearly everyweek, mostly handling Order forProtection hearings. They becameroutine, except for the fact that theadrenaline rush from a successfulcross-exam, or a well-spoken closingargument never went away. It justbuilt my confidence.

I had my first trial -– a three-daytrial. WOW! A landmark point in anyattorney’s career. I was certainly gladmy client was the respondent – itgave me a day and a half to watch,learn, and object, before I had topresent my client’s case. Then, ofcourse, I had to deal with opposingcounsel’s objections against me.

The best part about that job wasthe hugs. Yes, the hugs. When Isuccessfully obtained an OFP for myclient, secured supervised visitation,or succeeded in the court’s awardingmy client’s request to move out-of-state with her child, I got hugs. Thatprobably doesn’t happen in yourevery day real estate transaction. Ihad a job I truly enjoyed. Every daywas a learning experience. I workedwith people I enjoyed and, for thefirst time in my working life, I hadonly one W-2 to file with my incometaxes.

But, as I’ve said, life can throwcurve balls – and I was still at bat. InOctober 2000, I was diagnosed withInterstitial Nephritis – kidney failure– caused by an allergic reaction tomedication. A kidney transplantseemed imminent.

Although my kidneys recoveredsomewhat (they operate together at30%), the damage was permanent.Doctors believe a transplant isinevitable because of my age (thekidneys can’t function at 30% forever,and I’m only 32). It became clearthat I no longer had the stamina topractice law – at least not full time. Iwrapped up loose ends at LSNW,including an appellate case I got toargue at the Court of Appeals. But

living in a rural area makes trulypart-time work unfeasible.

Any attorney knows that adversitydoes not mean giving in. Rather, itmeans moving on – doing whatever isnecessary to overcome that obstacle.

Once my condition stabilized (and Iwas going nuts being at home everyday), I secured a long-term substituteteaching position as an Englishteacher at the local high school,teaching just three classes a day. Theschedule seemed to work well withmy medical restrictions. But howironic! It was my inability to find ateaching position 10 years ago thatled to my choice to attend lawschool.

During this time, a friend told methat Fergus Falls Community Collegewas looking for adjunct instructors.Although I didn’t have a Master’sDegree, they liked my backgroundand I started teaching this fall.

I work 10-15 hours a week – maybea little more if it’s a week when thepaper comes out. Outside of classtime, my office hours and preparationtime are flexible. My children, now 3and almost 5, spend minimal time inday care. I honestly have the best ofboth worlds – a lot of "stay-at-home"mom time and an intellectually stim-ulating job. Clearly, my perspectiveof what makes me happy haschanged.

I still try to offer help to the localcrisis center when I can. Perhapssomeday the part-time law thing willwork out. If it does, I hope I canreturn to serving domestic violencevictims.

I don’t know what the next obsta-cle in my life will be (now that bothof my kids are potty-trained). I doknow, however, that it is not theobstacle itself, but instead how Ichoose to deal with it, that is mostimportant.

So what if life after law school isn’thow I imagined?

Alumni Corner:Life After Law School

Random ThoughtsThe Complete Idiot’s Guide to the World, for Dummies

continued on page 11

Page 10: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 10 The Opinion • Winter 2001

Contributed by Diane Lund

During the month of June 2001,President and Dean Harry J.Haynsworth traveled to Istanbul,Turkey for the International LegalEducation Conference and then wenton to London for William Mitchell’sLondon 2001 CLE program. ThoseWilliam Mitchell alumni who wereable to attend were guests of theHaynsworth’s for a dinner at the St.James Club. Dean Haynsworth alsoparticipated in the ABA AccreditationCommittee meeting in Jackson Hole,Wyoming for the Thomas JeffersonSchool of Law in San Diego. DeanHaynsworth was the chair of the ABAInspection Team. During July, thedean hosted the annual barbecue forfaculty and staff. And at the end ofAugust, he began teachingProfessional Responsibility forWilliam Mitchell’s section 1 students.

Visiting Professor Aviva Breenrecently retired as head of theLegislative Commission on theEconomic Status of Women afternearly two decades. Among hermajor legislative accomplishments arethe Local Government Pay Equity Act,the Minnesota Parental Leave Law,the Higher Education Child CareFund, domestic abuse prosecutionplans and welfare reform educationprovisions. Professor Breen wasfeatured in the August 29th issue ofThe Women’s Press and also in a July30th article in the Minneapolis StarTribune.

Professor Peter Erlinder’s article,"Withdrawing Permission to ‘Lie withImpunity’: The Demise of ‘TrulyAnonymous Informants’ and theResurrection of the Aduilar/SpinelliTest for Probable Cause" has beenaccepted for publication as the leadarticle in the Fall 2001 issue of theUniversity of Pennsylvania Journal ofConstitutional Law. In June, he wasinvited to Pyongyang, DPR-Korea bythe Democratic Lawyers Associationto study the North Korean legalsystem and to discuss the possibleexchange of research materials andlawyer delegations. On September11, the Court of Appeals issued anopinion in the first case to decide thereach of personal jurisdiction fordefamatory statements sent over theInternet. Professor Erlinder is coun-sel for the prevailing party in Griffisv. Luban, the first civil rights suitbased on Minnesota Statute 481.10,which provides criminal penalties andstatutory damages for violations ofMiranda under a theory that was firstsuggested in his November 2000 arti-cle in the William Mitchell LawReview. On September 13, ProfessorErlinder was elected as the first co-chair of first Patient’s AdvisoryCouncil at the Moose Lake SexualOffender Facility that is being calleda "treatment" facility, but is operat-ing under prison-like rules andregulations. This is a precursor tolitigating the status of these facili-ties, which were first predicted in his1993 article, "Minnesota’s Gulag."Professor Erlinder is organizingprograms at UCLA, Loyola University(Los Angeles) and the University ofArizona to introduce a delegation of

Japanese lawyers to public interestofferings in American legal educa-tion. He has also been asked to jointhe American/Japanese legal teamthat is pressing the claims ofstudents and seamen killed by theAmerican submarine.

Aspen Publishing has justpublished Motion Practice, FourthEdition, by distinguished alumnusDavid F. Herr, Professor Roger S.Haydock, and Jeffrey W. Stempel, aformer adjunct. This text has becomethe national standard for civil litiga-tors and is the companion book toDiscovery Practice also authored byRoger Haydock and David Herr.

The Council for Legal EducationOpportunity, an ABA project, hiredProfessor Ann Iijima to developmodel curricula for its summer insti-tutes. These 6-week pre-lawprograms were developed to diversifythe legal profession by expandinglegal education opportunities forunder-represented groups. Her mate-rials will be disseminated for nextyear’s summer institutes. Last year,Professor Iijima developed and rantwo academic support programs forat-risk students. The results arepreliminary, but promising.Compared with similar cohorts ofstudents in previous years, thenumbers of first-year students whoexperienced academic difficulty (weredismissed or placed on academicprobation) decreased by two-thirds.

Professor Eric Janus published"Sex Offender Commitments and the‘Inability-To-Control’: DevelopingLegal Standards and a BehavioralVocabulary for an Elusive Concept" inVolume II of The Sexual Predator(Anita Schlank, Ed., Civic ResearchInstitute, Inc., 2001).

This summer Professor Ken Kirwinattended the ALI Annual Meeting atWashington, the Association of LegalWriting Directors Conference, and theDistance Learning Workshop atCornell, where he moderated thesegment on Electronic Submissionand Marking.

In August, Professor DanKleinberger attended the 2001Annual Meeting of the NationalConference of Commissioners onUniform State Laws, as Reporter (i.e.,principal drafter) for the Conference'sdrafting committee for the newUniform Limited Partnership Act.The Act received final approval fromthe Conference. ProfessorKleinberger’s article, "RUPA Is Coming– UPA– LLPs Beware," is beingpublished in the September issue ofBench and Bar of Minnesota. In addi-tion, Professor Kleinberger taughtBusiness Associations/Corporations Iat the University of Minnesota LawSchool over the summer.

Professor Peter Knapp andProfessor Roger Haydock conducted aprogram on the changing role ofjudges in the next century for theMinnesota District Judges Associationat their fall conference. Karen Kurth,a Civil Advocacy student, argued andwon a Court of Appeals case thissummer.

Professor Jayanth Krishnancompleted an article on Israeli public

The Good News ReportRecent Activities of the President and Dean, Faculty and Staff of WMCL

Student OrganizationsUpdates

continued on page 13

Student Bar AssociationUpdateBy Suzette Kusnierek, President

Well, the year is underway. I hopethat all of you are settling in to thesemester. I would like to congratu-late all of the new first yearrepresentatives to the Student BarAssociation; Liz Stinson, KristinOlson, Chanel Melin, and KellyOlmstead. There is one section thathas not had an election as of thiswriting, but that person should benamed soon. I look forward to work-ing with all of these peoplethroughout the year.

In light of the tragedy thatoccurred on September 11, 2001 Iwould like to remind everyone of thelecture series that the faculty isputting on. I would also like to letyou know that the SBA is working ongetting a panel together to deal withthe incredibly difficult issues of thatday and what the future may bring.We can all sit and listen to peoplespeak, but I am also urging people togive what they can. Donate blood,volunteer, donate food to the foodbank, anything that could helpwould be appreciated.

I would like to thank the first yearsection 3 for taking the initiative ofselling buttons to donate money tothe Red Cross. I know that manypeople are doing many things, and Ithank you all for that.

The SBA has had its first couple ofmeetings for the year, and passed thebudget for all student groups for theyear. This was a particularly difficultprocess because there was less moneycarried forward from last year butjust as many requests for that money.I would like to remind the studentgroups that if you did not get yourfull budget, but run into an areawhere you "need" money later in theyear, you may come and talk to theboard. The meetings are generallyheld the third Saturday of themonth, but they are also listed onthe SBA bulletin board and in TheDocket.

If anyone has any questions orissues, please feel free to call me at763-425-7463 or email me at:[email protected] a great semester!

Student Intellectual PropertyAssociation UpdateBy Gretchen Pesek, President

Greetings current and potentialSIPLA members, we want to thankeveryone who was able to come tothe meeting on September 5th – wewere very pleased with the great turnout and hope it was beneficial for allwho attended!

This semester we have some excit-ing events planned that should beboth interesting and helpful to you ifyou are planning a career in IP law orjust thinking about one.

Our first event really kicked thingsoff by providing an overview of theWMCL IP Program. This event wasdesigned to help you structure yourclass schedule so that you can getthe most out of your time at WMCL.The "Meet the IP Professors Social",was held on October 24th andincluded an official welcome toProfessor Ken Port, the newest addi-tion to the WMCL IP faculty.

In November we are entertainingthe idea of taking students on IP lawfirm tours. We would visit at leastone General Practice Firm and oneBoutique Firm, where students wouldhave an opportunity to speak withlawyers about their IP practice, thecareer paths at their respective lawfirms, and the like. In the months tocome, we will also begin gearing upfor our "roundtable" programs thatwill be held second semester. Theroundtable discussion typicallyinclude a panel of attorney’s from aspecific area of IP law, talking aboutwhat is new, what is hot and what ishere to stay. Not only are the round-table’s fun to plan…but they are agreat way to network with attorneysin the field – don’t miss the oppor-tunity to Sign Up to be on one ofthe Committee’s!

We are really looking forward to anexciting year with all of our upcom-ing programs and the infusion of ourmany new members! As always ifyou have any questions about SIPLAor our upcoming programs please feelfree to contact any one of us! Wehope to see all of you, at our nextmeeting. Watch for more informa-tion in The Docket!

Gretchen Pesek – [email protected] Randall - President-

[email protected] Nichols – [email protected] Cusick – [email protected]

SBA Congratulates Liz Stinson,Kristin Olson, Chanel Melin,and Kelly Olmstead as newfirst year representatives.

Page 11: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 11The Opinion • Winter 2001

First year students: Now that youare settled into your first semester oflaw school, now is a good time tostart thinking about legal careeroptions. We hope you were able toattend our kick-off event "From Hereto Attorney" on November 3rd. In thenear future you will all be receiving atour of our office and explanation ofour services during one of yourWRAP classes. We also look forwardto meeting with each of you individ-ually in January.

Part-Time Students: Don’t forgetto pick up your copy of our part-timestudent resource called "Lighthousein the Storm" which is available inthe Annex. This resource if full ofvaluable information regarding thefollowing career issues that part-timestudents face:

• Do I need legal experience beforeI graduate?

• Should I quit my full-time jobearly and get a clerkship?

• How am I supposed to afford totake a pay cut?

• Will employers value my currentexperience?

Fall 2001 OCI is coming to a close.We congratulate those of you whoreceived offers through this some-what stressful and time-consumingprocess. For those of you who didn’tparticipate in OCI or did and weren’tsuccessful, there is hope! We arehaving a Post-OCI Meltdown Partyon Wednesday, November 14thfrom 5:30 – 6:30, Room TBA.During this program we will provideyou with some good news and strate-gies for finding all of the manyclerkships that are still out therewith the legal employers who don’tparticipate in OCI. Remember: OCIgets a lot of hype, but it is only 2busy weeks out of the year andaffects about 10-12% percent of eachclass. That means the other 50weeks of the year we are diligentlyworking with 90% of the class! Stopin and make an appointment, attendthe dozens of programs we have tooffer, utilize the resources we haveavailable to you and remember…letus help you!

November is Judicial ClerkshipMonth: Look for important informa-tion about judicial clerkships in "TheScoop" the Career Services Annex aswell as the Federal Judicial ClerkshipLuncheon to be held in lateNovember.

Final Exams: Don’t forget to stopby our office for a M & M exambreak!

Best wishes on your final examsand happy holidays from the CareerServices Staff!

Career Services Calendar of EventsMonth Date Title Time Place

November11/1 Dean’s Round Table #3 11:00 a.m. Kelley Boardroom11/3 From Here to Attorney 9:00 a.m. Oppenheimer

1L Program11/9 Dean’s Round Table #4 7:45 a.m. Kelley Boardroom11/14 Post OCI Meltdown Party 5:30 p.m. Location TBA11/28 Dean’s Round Table #5 5:30 p.m. Kelley Boardroom

December12/8 - 12/19 FINAL EXAMS GOOD LUCK!12/24 - 1/1 College Closed HAPPY HOLIDAYS!

January1/15 Dean’s Round Table #6 12:00 noon Kelley Boardroom1/16 Tri-School Public 5:00 - 7:00 p.m. Auditorium

Interest Job Fair1/22 Sign up for 1L Mock Career Services

Interviews Begins1/26 Jungle Tactics Skills 9:00 a.m. Oppenheimer

Workshop1/29 1L Mock Interviews 5:00 - 7:00 p.m. 2nd Floor Interview Rooms

February2/1 Dean’s Round Table #7 7:45 a.m. Kelley Boardroom2/12 Dean’s Round Table #8 12:00 noon Kelley Boardroom2/20 Dean’s Round Table #9 7:45 a.m. Kelley Boardroom2/25 - 3/1 SPRING BREAK ENJOY

March3/6 Career Carnival 4:30 p.m. Auditorium3/14 Dean’s Round Table #10 12:00 noon Kelley Boardroom3/27 Dean’s Round Table #11 5:30 p.m. Kelley Boardroom

April4/3 Dean’s Round Table #12 5:30 p.m. Kelley Boardroom4/26 - 5/7 FINAL EXAMS GOOD LUCK!

May5/19 GRADUATION

CAREERCOLUMN

Judicial Clerkship

Month &

1L Career

Services Tours

The Career Services Officeis located on campus inRoom 103. The phone

number for Career Servicesis 651-290-6326.

Contributed by Kari Jensen Thomas,Associate Director for Career Services

dangers? The Clinton administration cyni-

cally used the domestic OklahomaCity tragedy to increase its ownpower to combat "foreign terrorism."This administration is acting no lesscynically in seeking to vastly expandits own power before the Congressand the American people have had adecent interval to recover from theshock and grief of this most recenttragedy.

Although President Bush's deliber-ate approach to foreign policy hasthe aura of statesmanship, hisJustice Department's haste to securepassage of this massive increase in itsown power is much closer to cynicalWashington politics as usual.

If Congress does not stop thispower grab, the American people willlose important aspects of the "way oflife" that Bush is asking us to defendwith the lives of our young, evenbefore the "war against terrorism"has really begun.

Post script: President Bush signed theanti-terrorism bill into law on Friday,October 26, 2001

Congress Must Thwart…continued from page 7

from a far-away land. Rather, itsorigins are the same as Christianity.Islam is one of the most popular,fastest growing and most tolerantreligions in the world. Interestingly,only eighteen percent of the world’sover one billion Muslims live inArabic countries. Indonesia is thelargest single Islamic country.

Christianity has had a relationshipwith Islam since Islam’s inception.In fact, that meeting between thetwo leaders in Thirteenth Centurycan shed some light on the relation-ship between Islam and the ChristianWest for us today.

What’s needed today is another"meeting of the minds" like that in1219 A.D. when Saracen metCrusader, not on the battlefield butin an exchange of ideals, ideas andfaith. That is the only way to ensurea lasting peace worthy of our "oneGod."

A Meeting of the Mindscontinued from page 6

Random Thoughtscontinued from page 9

ent computers in the WilliamMitchell computer lab to test if thecounter was really working. "TheTotally Worthless, Complete Moron’sStupid Guide to Wasting Your Time"says nothing on this matter. Whereare all the stupid Idiot customers?Where are those Dummies handingout fistfuls of money to the nearesttaker? Oh, how could I have beensuch an Idiot? Did I really think that"The Book with the Greatest Numberof Absurd Ideas and a SeeminglyLegitimate Title at the Time I BoughtIt" would make me rich?

Now I see! The only way to make azillion dollars is to write a book enti-tled "How to Make a Zillion Dollars,for Dummies" and sell it to all theIdiots. And the only way to makezillions of dollars is to write a bookcalled "How to Make Zillions" and sellit to all the Dummies.

Smart; Very smart, indeed.

Page 12: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

On the other hand, the Charter isrealistic enough to acknowledge thatsometimes armed force betweennations can be necessary for self-defense. Article 51 of the Charterallows states to engage in the "inher-ent" right of "individual or collectiveself-defense", but only in the eventof an "armed attack". In spite of thebroad loophole that this allowancemay appear to provide, most authori-ties would construe the phrase,"armed attack" narrowly.Accordingly, among other things,most authorities would probably holdthat the use of force in self-defenseunder Article 51 would only be legiti-mate to repel an armed attack thatwas continuous or ongoing.

What all of this means in terms ofthe September 11 events and theU.S.-led actions in Afghanistanbeginning on October 7 is relativelyclear. To some, it may also be lessthan reassuring, at least at firstglance. Unquestionably, the WorldTrade Center and Pentagon attackswould be Article 2(4) violations ifthey had been committed by amember state of the UN, since theywere incontestably impairments ofthe "territorial integrity" of the U.S.However, an armed response by theU.S. or its allies, acting as states, isonly justified if it constitutes "self-defense" against an "armed attack".

But all the armed activity consti-tuting the September 11 attacksoccurred only on that day. Theattacks themselves were not continu-ous or ongoing after their completionon September 11. Accordingly, mostauthorities would probably say thatthe self-defense exception underArticle 51 would not be available tojustify the U.S.-led actions thatbegan on October 7, nearly 26 daysafter the attack.

This result might strike some read-ers as exasperating. Doesn’t the U.N.Charter acknowledge, for example,that it might take time for anattacked nation to marshal itsdefenses? Doesn’t the Charter allow astricken country any time to discernfrom which state an attack mighthave been directed? And besides,weren’t all the moderates and peace-oriented activists urging the U.S. toadopt a slow and patient pace?Wouldn’t it be unfair for the commen-tators to urge a slow and patientpace, and then have the U.N. Charterforbid self-defense because theresponse was too slow and patient?

The answer is that the Charterviews the self-defense exception asbeing reserved for those truly rarecases in which a state must respondmilitarily to an attack while it isongoing, in order to mitigate casual-ties and repel contemporaneouslyinvading forces. As horrific as theSeptember 11 attacks were, they werenot a continuous armed invasionagainst which immediate militaryresponse to mitigate loss was possi-ble. And this is pretty much the onlysituation for which the Article 51self-defense clause was designed.

This arrangement in the UN Charterwas probably not an accident. Theframers of the Charter no doubtfeared that the self-defense clause, ifnot narrowly limited, would be an"exception" that "swallowed up the

rule" against the use of armed forcein Article 2(4). To allow open-endedpermission for military retaliation,even after a severe armed attack,could invite much abuse. An actionof self-defense not immediately tiedto a contemporaneous attack, butfollowing the attack by several weeksor months, begins to look more like areprisal or retribution than self-defense. And it is quite clear (atleast to most commentators) thatmere military reprisals and retribu-tion are now precluded by Article2(4).

All is not lost, however, in terms oflegal justification for these recentU.S. actions. Again, the UN Charteris sufficiently realistic to recognizethat sometimes the use of armedforce could be necessary, even if notin strictly-defined self-defense. TheCharter recognizes that rogue states,or violent non-state actors, canengage in destructive behavior thancan seriously threaten internationalwell-being even if the Charter’s strictpre-requisites for self-defense havenot been met. The Charter in factallows for the use of armed force tocounteract such threats in the provi-sions of its Chapter VII.

However, the key here is that anyuse of force in these more generalizedcircumstances must be collectivelyapproved in advance, at least in verygeneral terms, by the UN SecurityCouncil. Chapter VII authorizes theSecurity Council to direct the forcesof UN member states to engage inarmed intervention, under certaincircumstances, when the SecurityCouncil determines that there hasbeen a breach of or threat to peace oran act of aggression.

Accordingly, the Charter doesindeed recognize, to respond to therhetorical queries above, that anattacked state might need time tomarshal its military forces after anattack, and might need time to deter-mine which state was responsible.However, when these actions result inany appreciable lag between the timeof attack and the time of the respon-sive action, the Charter requires thatthe responsive action be coordinatedthrough the Security Council. Theextremely limited availability of theArticle 51 self-defense exception doesnot forbid later responsive action bythe stricken state. It merely has theeffect of requiring that the respon-sive action be undertaken with theconsent of the Security Council.

It is in part for this reason thatPresident Bush and many of ourdiplomatic and military officials havebeen consulting with other worldleaders and political figures in recentweeks. In order for the October 7response to be legitimate at interna-tional law, a sufficient internationalconsensus needed to be developed toallow for the Security Council’sadvance consent.

At least for the present purposes ofthe U.S. Administration, thatSecurity Council consent was proba-bly received on Friday, September 28.On that day the Security Councilissued its Resolution 1373 (2001).This is a 4-page resolution (relativelylengthy as such things go) thatcontains numerous grants of author-ity to UN member states to respondto the September 11 attacks, andterrorism in general, on variousfinancial, political and diplomatic

fronts. The language is also broadenough to allow the U.S.Administration to assert that theSecurity Council has authorized theuse of force.

In Resolution 1373, the SecurityCouncil directs the UN member statesto "take the necessary steps toprevent the commission of terroristacts" and "cooperate, particularlythrough bilateral and multilateralarrangements and agreements [suchas NATO], to prevent and suppressterrorist attacks and take actionagainst perpetrators of such attacks".This language does not mentionarmed force per se, but the languageis nevertheless sufficiently expansivefor governments that are so inclinedto infer an authorization to use mili-tary force to accomplish these aims ifrequired.

One reason that Resolution 1373 isnot more explicit in reference toarmed force is that the SecurityCouncil itself is a politically diversebody. Two of its current members,for example, are Tunisia and Mali,which are predominantly Muslimstates located in Northern andNorthwest Central Africa, respec-tively. In order to get all SecurityCouncil members to agree on a partic-ular text for any resolution that canhave such profound consequences, itis often necessary for all sides toaccept language that is less specificthan any would optimally desire toexpress its precise viewpoint.

Largely for these reasons, non-specific language of this type is not

unusual in situations such as this.For example, in November 1990, theUN Security Council unquestionablyintended to authorize armed forceagainst Iraq to repel its invasion ofKuwait. Nevertheless, its Resolution678 (1990), designed to provide thisauthority, did not specificallymention armed force either. The1990 resolution did mention "allnecessary means", which is languagetaken from a key provision of UNCharter Chapter VII, and this year’sResolution 1373 does not containthis phrase. However, the phrase "allnecessary steps", which (as notedabove) does appear in Resolution1373, may not be appreciably differ-ent from "all necessary means".Many would probably contend thatthe difference between the words,"steps" and "means" should not bedispositive.

Accordingly, it is quite open to theU.S. to assert that the UN SecurityCouncil had provided advance author-ization for the military response thatwas launched on October 7. Thisdoes not mean that the SecurityCouncil might not attempt to, or beasked to, provide a more specific orcomprehensive authorization incoming days or weeks. It also doesnot mean that other states and worldactors wouldn’t assert that Resolution1373 is not sufficient to support theactions that occur. However, when-ever bodies with legal power takemeasures authorizing others to act,whether those bodies are domestic or

Page 12 The Opinion • Winter 2001

left behind a husband and three chil-dren. Apparently after you’re donebeing enlisted in the Marines youmust serve in the Reserve Corps foranother four years. My brother wascalled to active duty. And the man Italk to nearly every day, the manwho buys treats and toys for my dog,the man who lives in the apartmentnext door, is seeking politicalasylum… from Afghanistan. A dearfriend and his family received threat-ening phone calls because they wereMuslim. Another friend was arrestedand "interrogated" by the police fortwo days based on the fact that heknew someone who knew someonewho was related to a man of Middle-Eastern descent who wanted to use aflight simulator.

I think we would all sometimesprefer to maintain our six degrees ofseparation from people outside of our"place." Not because of prejudice, orhate, or misunderstanding, butbecause we don’t necessarily wantthe foundations of our worldviewrocked… or even jiggled, if we canresist it. The frivolous notion thatunderlies all of this running to standstill is just that; that we could main-tain at least the illusion of long-termstability in our lives if we were leftmerely to our own devices. Theassumption is that the naturalentropy of the universe can beconquered swiftly with a Palm Pilot,a diligent sense of routine and ahealthy regard for status quo.

When things get really busy, likefor instance, every waking hour afteryou make the ill-advised decision toattend law school and be a worker-

bee for the rest of your life, thecognitive impulse to draw a clear us-them line in the sand becomes evenstronger. I don’t think it’s becausewe become more insensitive, orbecause we become even more heart-less than we were when we were stillcivilians. I think it’s because it’sstressful to open up the floodgatesand let the whole world be a part ofour cognitive reality. It’s agonizingto let the world be a part of ourworldview when our worldviewseemed so unbearably complex in thefirst place. The illusion of comfinessis at least a stable ideal. Can’t wejust keep that? Damn-it, my minddoesn’t open up wide enough to fitan entire world full of conflictingrealities inside.

When I look closely at the pain feltby people in my life, and your life,and the lives on Oprah and Dateline,I don’t think my reaction is one ofshock. I think that the dull, bland,incomprehensible hum that makes upmy thoughts is the background noiseof an overwrought intellect.Somewhere way back in the nether-regions of my brain, my longtimeworldview is trying to compensate forthe fact that it has become woefullyoutdated. In less than a week, areality that consisted of internationalpolitics, terrorism, bloodshed andwaiting lines for gasmasks laid wasteto menial chores, to-do lists, andlong-term plans and aspirations.Perhaps that noble goal of stabilityand predictability in a world of chaosand entropy is no longer one worthpursuing? Or maybe we just nolonger have the luxury of makingthat decision for ourselves.

Creaky Worldviewscontinued from page 3

The September 11 Assault…continued from page 1

continued on page 13

Page 13: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

interest litigation and the article hasbeen accepted for publication by InThe Public Interest – Buffalo PublicInterest Law Journal. The articleargues that along with additionalresources provided to Israeli organiza-tions as well as expanded legal rulesof standing, public interest litigationin Israel has increased also because ofa variety of motivational factors, avariable that till now has only beenaddressed in a cursory manner byscholars in this area. ProfessorKrishnan was also invited to write areview of Neil Duxbury's "Jurists &Judges: An Essay On Influence" thatwill be published by The Law andPolitics Book Review. Duxbury's studyexamines the degree to which legalscholarship affects judicial decision-making in the U.S., France, andBritain. Other projects ProfessorKrishnan is working on include anIndia project evaluating the perform-ance of various ADR institutions inIndia and a three-country study (onthe U.S., Israel, and India) thatexamines how religious rights organi-zations have been using the courts asa vehicle for advancing their policyagendas. Professor Krishnan will beinvolved with the immigration lawclinic during both the fall and springsemesters of the 2001-2002 academicyear. He also will be helping toorganize a series of colloquiums thatthe faculty will be conducting on thetragic events that occurred in NewYork, Washington D.C., andPennsylvania. In addition, he shallbe serving as a member of Mitchell’sdiversity committee, which will bechaired by Michael Jordan. And, hewill be serving as a voluntary advisorto the American Cancer Society’spolicy and advocacy center.

This summer, Professor ChristinaKunz presented a program entitled"Using Focused Lenses for CriticalReading" at the AALS Conference inCanada on New Ideas for ExperiencedTeachers entitled "We Teach But DoThey Learn?" In July, she was part ofa panel with Eileen Scallen and BertKritzer that presented "LanguagePatterns and Interaction StylesDuring Contact Negotiation Sessions:Power, Gender, and Race." at the Lawand Society Association conference inBudapest, Hungary . In August,Professor Kunz presented (i) "Are theRevisions of Article 2 and 2A Finishedat Last?" with Linda Rusch and EdHuddleston, and (ii) "Click-throughAgreements: Strategies for AvoidingDisputes on Validity of Assent" withMaureen Del Duca, Heather Thayer,and Jennifer Debrow at the ABAAnnual Meeting in Chicago. This Fall,Kunz will make presentations for theHennepin County Bar Association andfor the Minnesota Institute of LegalEducation.

The Washington Law Reviewaccepted Professor Richard Murphy’sarticle, "Punitive Damages,Explanatory Verdicts, and the HardLook" for Fall 2001 publication. Itexplores the power of courts torequire juries to explain the basis fortheir punitive damages decisions,why courts should use this power,and the analogy to judicial review ofadministrative discretionary policydecisions.

Over the summer, Professor Robert

Oliphant co-taught (twice) anInternet Research course for WilliamMitchell students with Professor MarkSteiner, South Texas College of Law,as part of the summer skills offeringsat WMCL. Professor Oliphant alsocompleted the section on Family Lawfor the Legal Systems of the WorldEncyclopedia. With the WilliamMitchell Law Review, ProfessorOliphant planned the May 2001Family Law Symposium. As part ofthat planning, he helped obtain threenationally recognized scholars for theprogram and local and regionalexperts to participate in the program.In addition, Professor Oliphantcompleted a Law Review article forVolume II of the William Mitchell LawReview on Custody Relocation. Alongwith professors Roberts, Kunz, andSteenson, Oliphant developed materi-als and programming for WMCL’s firstever all laptop wireless section. Thegroup met on many occasions withstaff and others to plan the project,which was launched on the first dayof school. The project is the first ofits kind in the nation to have a"team" approach to evaluating andexperimenting with technology andits use in the law school classroom.

Professor Kenneth Port wrote "TheCongressional Expansion of AmericanTrademark Law: A Civil Law System inthe Making" for the Winter 2000issue of the Wake Forest Law Review.He also wrote "Japanese IntellectualProperty Law in Translation:Representative Cases andCommentary" for the May 2001 issueof the Vanderbilt Journal ofTransnational Law. This summerProfessor Port worked on the secondedition of his book titled ComparativeLaw: Law and the Legal Process inJapan, which will be published in theSummer of 2002. On September 11,with Professor Niels Schaumann, Portpresented a CLE entitled, "The RulesAccording to E: Hot Topics in IP Law"at the Sixth Annual Minnesota Lawand Technology Show. He also putthe finishing touches on an articlethat will appear in the VanderbiltJournal of International Law inSeptember. On October 16, ProfessorPort, with Professor Schaumann,will present, the "Copyright andTrademark Case Update" at theMSBA/MCLE 2001 Computer LawInstitute, to be held at the MinnesotaCLE Conference Center, 7th Street andNicollet Mall.

Meanwhile, over the summerProfessor Niels Schaumann chairedthe Task Force on Electronic CourseMaterials that will report this fall onissues and recommendations regard-ing electronic course materialsdeveloped at the College. In June, hepresented a CLE program titled "FairUse from Sony to Napster" and he wasthe moderator on a panel thatpresented "Creating a ProfitableFuture for Your Law Practice" at theMSBA Annual Convention. Also inJune, Professor Schaumann presentedon behalf of Special Committee onSecurity Interests in IntellectualProperty at the ABA-IPL SectionAnnual Meeting. ProfessorSchaumann recently completed thefirst draft of a law review articlereviewing the recent book DigitalCopyright. In addition, he negotiateda contract to write a casebook oncyberlaw with Lexis-Nexis. The bookis scheduled to be published in

February 2004. Co-authors will beWMCL professors Kunz, Moy and Port.

On July 1, Professor DeborahSchmedemann presented a programon critiquing live performances (e.g.,interviewing, counseling) at theInstitute for Law School Teaching’sConference on Assessment, Feedback,and Evaluation in Spokane,Washington. She also served as areporter for one of the plenarysessions at the Association of LegalWriting Directors Conference on"Blurring Lines: Integrating the LawSchool Curriculum," in the Twin Citiesin July.

On June 13, Doug Blanke andSusan Weisman of the Tobacco LawProject gave presentations on tobaccoregulation on Indian reservations at aworkshop of representatives ofMinnesota’s tribal communities onthe Leech Lake Reservation in CassLake, Minnesota. Blanke assistedlocal officials and community groupsin Duluth and Cloquet in developingsuccessful proposals for new ordi-nances to control exposure tosecondhand smoke, and is now work-ing with community groups inHutchinson, Rochester and otherMinnesota communities. In addition,on June 27, Blanke gave a presenta-tion on secondhand smoke andworkers’ compensation liability at aDuluth seminar on SecondhandSmoke in the Home Community andWorkplace.

In collaboration with the US-ChinaPeoples Friendship Association(USCPFA), the WMCL Office ofMulticultural Affairs, and the Dean’sDiversity Advisory Council, JoeLaForte organized an exhibition ofphotographs by members of theBeijing Photographer’s Association, inthe corridor outside the Warren E.Burger Library. The exhibition ranfrom June 11th through July 11th andreceived wonderful feedback from thepublic, as well as William Mitchell

Staff and Faculty. The photos havebeen on loan from the BeijingPeople’s Association for Friendshipwith Foreign Countries and have beendisplayed in the home cities of vari-ous USCPFA chapters across theUnited States. The exhibit, "Focus onNew Beijing," documented the historyand culture of the Chinese capital,Beijing today, and the unique localflavors and colorful cultural rhythmsof new Beijing. The exhibit debutednationally, on June 5th, at the JimmyCarter Presidential Library complex inthe Carter Center in Atlanta, Georgia.

In addition to her regular duties asAdmissions Assistant for Operations,Jennifer Stratton spearheaded theregistration portion of Orientationand the preparation of the newstudent folders for the incoming fallclass. Jennifer, who has providedfour years of exceptional service toWilliam Mitchell, assumed many ofthe responsibilities for this year'sOrientation on August 13th when PamRichter, Assistant Director ofAdmissions for Operations,commenced an unexpected one-month medical leave.

From May through July, DavidWheaton taught a section of theIntroductory Finance course at theGraduate School of Business at theUniversity of St. Thomas to studentspursuing MBA degrees.

Page 13The Opinion • Winter 2001

The Good News Reportcontinued from page 10

Q. Do you think it is appropriatethat the United States is worried thatother Moslems will become angrywith the United States because of ourmilitary action in Afghanistan? Doyou think it is appropriate to worrythat otherwise peaceful Moslems willbegin to follow bin Laden's messagein this time of war?

A. Yes. Moslems are angrybecause this war will result in morebloodshed. If six thousand innocentswere lost in America, we may losemore innocents in Afghanistan. Rightnow, we don't know how many liveswe’ve lost because we cannot get fullinformation about what is happeningin Afghanistan. Yes, if Americacontinues the attack, more peacefulMoslems may change their position.

Q. Do you believe that all worldreligions represented in the UnitedStates can co-exist peacefully?

A. Yes. I know Islam respectsother faiths and their people andIslam calls for working togethertowards the wellness of humanbeings. If we have a healthy-mindedsociety, people can co-exist peace-fully.

Q. Do you think the same thingis possible in the Middle East?

A. If the Palestinian people gethelp from all freedom-lovers in theworld, including America, and obtaintheir rights and freedom from Israelioppression, then yes; they can co-exist peacefully.

international in character, there canbe arguments over the exact andintended scope of that authorization.

This also does not mean that, if thecourse of the military operations in

Central Asia becomes increasinglyalarming, particular states won’t besuccessful in persuading the SecurityCouncil to narrow the scope ofResolution 1373. Much may dependon what happens in the coming daysand weeks.

The September 11 Assault…continued from page 12

Jihad And Terrorismcontinued from page 8

Foru

mReligionpolitics

Page 14: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

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Page 15: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

Page 15The Opinion • Winter 2001

Winter Calendar

November11/1 Dean’s Round Table #3 11AM WMCL-Kelley Boardroom11/2 Dia de los Muertos; All Souls Day11/3 From Here To Attorney 1L Program 9AM WMCL-Oppenheimer11/6 Election day Get out there and VOTE!11/9 MPRE Exam WMCL and the U of MN11/9 Dean’s Round Table #4 7:45AM WMCL-Kelley Boardroom11/11 Veteran’s Day Lest we forget…Wear red poppy today. 11/12 Evening Of Words & Music Guthrie Theater - Downtown Mpls.

Benefit for Gyuto Tibetan Monestary11/14 CLE Seminar 3 - 5PM Firstar Building

“Everything You Always…” 7th Floor Conference RoomCost: $20 / RCBA members $35 / non-members

11/14 Spirit of ‘76 : Reunion 5 - 7PM Auditorium11/14 1st-OCI Meltdown Event 5:30-6:30PM WMCL-Oppenheimer11/15 Opinion publication day WMCL-Find your new Opinion today! 11/21 September 11 lecture series 12 Noon Auditorium

“Responses to Terrorism”11/22 Thanksgiving No classes. College closed.11/23 Day-after Thanksgiving No classes. College Closed.11/23 National Sinkie Day Visit http://www.sinkie.com for more info.

11/25 John F. Kennedy Day The only thing we have to fear is...11/27 Federal Clerkship Luncheon 1 - 2PM Room TBA11/28 Dean’s Round Table #5 5:30PM WMCL-Kelley Boardroom11/30 Blue Moon Night (DUH) In the SKY

December12/3 Make-up Day for Labor Day (Monday classes)12/4 Make-up Day for Thanksgiving (Thursday classes)12/5 Make-up Day for Day After Thanksgiving (Friday Classes)12/5 Last day of Fall Semester classes12/6 - 7 Reading Days12/8 - 19 Fall Semester Exams12/10 - 19 M & M Madness! Career Services Office12/22 - 31 Winter Break No classes. College closed.

January1/1 New Year’s Day No classes. College closed.1/2 - 6 J-Term1/7 Spring Semester classes begin1/15 Dean’s Round Table #6 12 Noon Kelley Boardroom1/20 Winter Commencement1/21 Martin Luther King, Jr. Day No classes. College closed.1/22 - 25 Sign-up for 1L Mock Interviews Career Services Office1/26 1L Skills Workshop 9AM Room TBA1/29 1L Mock Interviews 5:30PM 2nd Floor Interview Rooms

February2/1 Dean’s Round Table #7 7:45AM Kelley Boardroom2/12 Dean’s Round Table #8 12 Noon Kelley Boardroom2/20 Dean’s Round Table #9 7:45AM Kelley Boardroom2/25 - 3/1 Spring Break Have Fun!

March3/6 Career Carnival 4:30PM Auditorium3/14 Dean’s Round Table #10 12 Noon Kelley Boardroom3/27 Dean’s Round Table #11 5:30PM Kelley Boardroom

November11/10 to Field’s Auditorium Show: Marshall Fields Downtown - Mpls12/31 the Night Before Christmas Nicollet Mall11/16 to A Christmas Carol Guthrie Theater Downtown - Mpls12/30 at the Guthrie Theater11/23 to City Children’s Nutcracker State Theatre Downtown - Mpls11/2511/23 to Holidazzle Parade Nicollet Mall Downtown - Mpls11/2611/23 to Walk the Wild Lights Minnesota Zoological Dakota County12/31 at the Minnesota Zoo Gardens11/23 to Holiday Traditions Minneapolis Central - Mpls01/05 in the Period Rooms Institute of Arts11/30 to Holiday Magic Como Park Zoo Como Area - StPaul12/21

December12/11 to Black Nativity Fitzgerald Theater Downtown - StPaul12/2312/14 The Steeles’ Christmas Concert State Theatre Downtown - Mpls12/14 to Nutcracker - Ballet Minnesota O’Shaugnessy St. Kates - StPaul12/16 Auditorium12/16 Amy Grant & Vince Gill: Target Center Downtown - Mpls

A Christmas To Remember12/21 to Jingle Bell Doc Orchestra Hall Downtown - Mpls12/23 Doc Severinsen performs…12/21 to Loyce Houlton’s State Theatre Downtown - Mpls12/30 Nutcracker Fantasy 2001

If you have submissions for next issue’s calendar(April, May, June and July) please forward them tothe Editor-in-Chief at [email protected]

Special Holiday-type Events

MinnesotaTimberwolves

All games are HOME games at the Taget CenterDowntown Minneapolis.

WMCL Events

November11/13 VS Cleveland Cavaliers11/17 VS Orlando Magic11/24 VS San Antonio Spurs

December12/04 VS Seattle Supersonics12/08 VS Houston Rockets12/11 VS Golden State Warriors12/14 VS Sacramento Kings12/18 VS Dallas Mavericks12/21 VS Charlotte Hornets

January01/02 VS Milwaukee Bucks01/04 VS Utah Jazz01/07 VS Detroit Pistons01/09 VS Seattle Supersonics01/11 VS Los Angeles Lakers01/15 VS Washington Wizards01/26 VS Atlanta Hawks

February02/03 VS Sacramento Kings02/06 VS Portland Trail Blazers02/13 VS Phoenix Suns02/15 VS Denver Nuggets02/17 VS Miami Heat02/27 VS Los Angeles Lakers

March03/01 VS San Antonio Spurs03/11 VS Los Angeles Lakers03/13 VS Houston Rockets03/15 VS Indiana Pacers03/17 VS Utah Jazz03/19 VS Toronto Raptors03/23 VS Portland Trail Blazers03/26 VS Golden State Warriors03/28 VS Dallas Mavericks03/31 VS New Jersey Nets

Minnesota VikingsAll games are HOME games at the HHH Metrodome - Downtown Minneapolis.

November11/19 VS New York Giants11/25 VS Chicago Bears

December12/09 VS Tennessee Titans12/23 VS Jacksonville Jaguars

MinnesotaWild

All games are HOME games at theXcel Energy Center - Downtown Saint Paul.

November11/18 VS Los Angeles Kings11/23 VS Phoenix Coyotes11/25 VS Dallas Stars11/27 VS Vancouver Canucks11/29 VS Florida Panthers

December12/02 VS St. Louis Blues12/16 VS Colorado Avalanche12/18 VS Anaheim Mighty Ducks12/26 VS Detroit Red Wings

January01/02 VS Tampa Bay Lightning01/04 VS Nashville Predators01/06 VS Buffalo Sabres01/08 VS Montreal Canadiens01/11 VS Anaheim Mighty Ducks01/13 VS Dallas Stars01/26 VS New Jersey Devils01/28 VS Calgary Flames01/30 VS Los Angeles Kings

February02/08 VS Colorado Avalanche02/13 VS Detroit Red Wings

March03/05 VS New York Islanders03/10 VS Columbus Blue Jackets03/12 VS Ottawa Senators03/17 VS Phoenix Coyotes03/18 VS Calgary Flames03/20 VS Columbus Blue Jackets03/29 VS Chicago Blackhawks

GOVIKINGS

Page 16: The OPINION - Mitchell Hamline School of Law€¦ · King Abdul-Aziz University in Jeddah, Saudi Arabia. In 1989, after Russia withdrew from Afghanistan, he returned to Saudi Arabia

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