TheOPINION

William Mitchell College of Law Student Newspaper

on the web at www.wmitchell.edu/current/nonacademic/student_orgs/opinion.html Volume 47, Issue 1, Fall 2001

This summer, William Mitchell wasone of only three schools nationwideselected to host a pre-law summerinstitute sponsored by the Council onLegal Education Opportunity (CLEO).CLEO’s six-week summer institutes aredesigned to expand legal educationopportunities for members of under-represented groups, includingminorities, the economically disad-vantaged, those from inner city orrural areas, and those with low LSATscores and GPA’s. Up to 40 studentsparticipated at each of the institutesites this summer.

“We are proud to have beenselected,” says Harry J. Haynsworth,President and Dean of WilliamMitchell College of Law. “Hosting aCLEO Pre-Law Summer Institute atWilliam Mitchell has been a long-termgoal of mine. That William Mitchellwas chosen this year as one of justthree host schools recognizes the lawschool’s commitment to diversity andaccess to quality legal education.”

Host sites are chosen each yearbased on a law school’s proposedcurriculum and the level of need for asite in its region of the country.William Mitchell is the first law schoolto host the institute in Minnesota.Other host sites this year were DePaulCollege of Law in Chicago and theUniversity of the District of ColumbiaDavid A. Clarke School of Law.

The CLEO summer institute evalu-ates a student's capacity for learningthe law while simultaneously accli-mating the student to the law schoolprocess. Taught by full-time andadjunct law professors, the curricu-lum simulates the rigors of the firstyear of law school. Students briefcases, prepare outlines, practice theSocratic method, and learn the legalterminology that will enable them tobegin law school with an added boostof confidence. The institute atWilliam Mitchell also offeredethics, legal writing, and practicalskills training.

More than 6,000 students havebeen oriented to law school since1968 through CLEO summer institutesat ABA-accredited law schools acrossthe nation. CLEO fellows consist ofboth those already accepted into lawschool, and those needing placementassistance. Over 90% of all CLEOsummer institute participants go onto successful careers in the legalprofession.

CLEO is a nonprofit project of theAmerican Bar Association (ABA) Fundfor Justice and Education. WilliamMitchell is a member of the CLEO2000 Consortium on Diversity inLegal Education.

WelcomeBack

By Jennifer Macaulay

Pack up your golf clubs. Stow yourfishing gear and cover up the boat.Kiss your family and loved-onesgoodbye. Dust the cobwebs off of theuseful part of your brain. Yourfavorite law school is back in session.

The ‘01-02 academic year will beginwith Orientation, welcoming 315+new faces to campus. Our new crop of1-L’s follows a few notable trends,says Derek Meeker, WMCL AssistantDirector of Admissions for Recruiting.For the fourth year in a row, incom-ing female students will outnumberthe men, and the median age ofincoming students has dropped. (Themedian age of incoming students isnow 25.) Said Meeker, “incomingstudents are getting younger everyyear.” (Sounds like a marketingpitch…”WMCL=Fountain of Youth.”)

A chunk of this new crop, namelythose students in Section 3, will becharting new pedagogical waters asthe “experimental high techsection.” In an unprecedented effortto integrate the expanding role ofinformation technology into legaleducation, this high tech section willrely on wireless communication,internet tools like Blackboard,™e-mail, and downloadable lessons andquizzes. Students who volunteered toparticipate in Section 3, wererequired to purchase a laptop thatWMCL will outfit with a special wire-less card. Wireless transmitters have

been installed in the “high-tech”classrooms, as well as in the libraryand Hachey Commons.

Section 3’s high-tech classes willbe led by Professors Oliphant (CivilProcedure), Roberts (Property) Hogg(Contracts) and Steenson (Torts).The faculty will be team-teachingclasses in coordination withProfessor Sonsteng and AssociateDean Ann Bateson.

The goal of the new high-techapproach is to increase feedback fromstudents on their learning progressthroughout the semester. “Lack offeedback,” reports Oliphant, “can beone of the biggest weaknesses inlegal education.” Overall, the high-tech faculty team hopes to usetechnology to increase the effective-ness and utility of the students’overall learning experience.

This year also marks the end of

William Mitchell’s CLEO class of 2001

In This IssueWelcome Back. . . . . . . . . . . . . . 1The Forum . . . . . . . . . . . . . . . . 1CLEO . . . . . . . . . . . . . . . . . . . . 1Mea Culpa . . . . . . . . . . . . . . . . 3Emotional Distress. . . . . . . . . . . 5Good News Report . . . . . . . . . . . 6The Forum Pro/Con . . . . . . . . 7Death Penalty . . . . . . . . . . . . . 10Oh Canada . . . . . . . . . . . . . . . 10What You Missed . . . . . . . . . . . 11Perspectives . . . . . . . . . . . . . . 12

ColumnsFrom the Editor. . . . . . . . . . . . . 3Random Thoughts . . . . . . . . . . . 4Spouse’s Sidebar . . . . . . . . . . . . 5Calendar. . . . . . . . . . . . . . . . . . 9Cartoon . . . . . . . . . . . . . . . . . 10Student Organizations . . . . . . . 13Career Services . . . . . . . . . . . . 15

The ForumArbitration inEmployment

By Jennifer D. Henderson

This past spring, the U.S. SupremeCourt ruled in Circuit City v. Adamsthat the Federal Arbitration Act(FAA) applies to employmentcontracts. Perhaps you’re wonderingwhy this is news. Depending onwhere you live, it may not be a newdevelopment. Prior to the Court’s 5-4opinion, every federal court ofappeals except the Ninth Circuitbelieved contracts of employment fellwithin the FAA’s reach. But the NinthCircuit stubbornly refused to playalong. The Supreme Court overruledthe Ninth Circuit in Circuit City.

The Circuit City holding is signifi-cant because, despite the stronglanguage of the FAA, Americancourts historically have been hostileto arbitration. The FAA was enactedin 1925 because courts were refusingto enforce contractual agreements toarbitrate. The legislation specificallyprovided for the enforceability ofarbitration clauses in contracts. Butcourts continued to find ways to voidarbitration clauses. The SupremeCourt, for example, voided an arbitra-tion clause in 1953’s Wilko v. Swanbecause it feared the arbitrators werenot sufficiently competent to prop-erly resolve the legal issues.

Over time, however, as judicialdockets expanded and legal disputesbegan to permeate every segment ofsociety, the Court began to chip awayat the Wilko holding. First in thelabor setting, and then in commercialsettings, the Court began to recog-nize and enforce arbitration clausesin contracts. Finally, after almostforty years, the Court overruled Wilkoin Rodriguez de Quijas v. Shearson/American Express, Inc. in 1989.The Court called Wilko “obviouslyincorrect” and obsolete and withRodriguez de Quijas, cleared thepath for the rapid expansion ofarbitration.

But even after the Court’s 1989holding, the debate rages on. In1925, the scope of Congress’ federalpower was construed to be muchnarrower under the Commerce Clause.Since that time, Congress’ CommerceClause powers have mushroomed andas a result, so has the reach of theFAA. Many argue that Congress in1925 did not intend for the FAA tohave such a broad reach or affect asmany transactions as it affects today.Others argue that the exceptionstated in section 1 of the FAA, whichspecifically exempts “contracts ofemployment of seamen, railroademployees, or other class of workers

William Mitchell Hosts CLEOPre-Law Summer Institute

continued on page 6 continued on page 9

“We are proud to have beenselected,” says Harry J.

Haynsworth, President andDean of William Mitchell

College of Law.

Said Meeker, “incomingstudents are getting youngerevery year.” (Sounds like amarketing pitch… ”WMCL=Fountain of Youth.”)

Contributed by William Mitchell Public Relations

Extra Savings for Members ofthe American Bar AssociationLaw Student DivisionMember benefits include theStudent Lawyer magazine.

Valuable Money-Saving Couponstoward the purchase of careerbuilding books and programs.

The BarBri Multistate ProfessionalResponsibility Exam Review CourseOur popular full-day prep course, at noextra cost.

PLUS, We Will Freeze Your BarBri/Minnesota Bar Review Course Tuitionat today’s price regardless of when yougraduate.

BarBri knows the first year oflaw school can be a mystifyingexperience. That’s why BarBri,the nation’s leading provider ofstudy programs for law schooland the bar exam, has devel-oped a packageof time-savingmaterials totake themystery out ofthe first year.BarBri benefitsbegin with your first day of lawschool and can help yousucceed every step of the way.Just enroll in a future BarBriBar Review course (with a downpayment of only $100).

GET $200 WORTH OF VALUABLE STUDY

TOOLS TODAY!First Year Survival ManualCase briefing tips, abbreviations, outlin-ing advice, and good common sensesuggestions for making law schoolmore bearable.

BarBri First Year Review OutlinesThese thorough outlines have beenrelied on by thousands of first year lawstudents to help master the rules oflaw. They are totally exam-oriented tohelp you achieve top grades, and theyeliminate the need to buy six separatestudy outlines.

Downloadable StudySmart SoftwareDesigned for the first year of lawschool. Hundreds of simulated lawschool test questions to help you focuson the material you need to study—allkeyed to the BarBri First Year outlines.

Guide to Success on Law School ExamsProf. Charles Whitebread’s step-by-stepguide to maximizing your grades takesthe intimidation factor out of lawschool. Watch for his upcoming lecture.

The First Year Survival Kit

701 Fourth Avenue South, Suite 1710 Minneapolis, MN 55415

612-337-9080mnbar@barbrigroup.com

Page 3The Opinion • Fall 2001

Mea CulpaBy Jennifer Macaulay

As one of last year’s editors of TheOpinion, I would like to say a fewwords about our Spring ‘01 issue. Amea culpa is in order. Our last issue,as with all of our issues, was a resultof a culmination of efforts. Students,faculty and staff all dedicated timeand energy to writing articles, devel-oping layout, and helping us learn todeal with a new prepress-layoutprogram. In the end, because we werenot fully aware of the monumentalundertaking that this new programwould present, we dropped the ball inmany different ways. I would person-ally like to apologize to ourcontributors and to our readers forthese mistakes.

To understand the errors, a briefoverview of our publishing software isin order. Apparently, there is such athing as a “source file.” “Source files”are often “linked” to “main docu-ments.” To change something from a“source file” that appears in a “maindocument” one must open up the“source file” and change it. Simplymaking the changes in the “maindocument” does not work because,upon hitting “save,” the “link”

updates the “main document” withthe “source file” and any changesmade are overwritten.

Unfortunately, I learned theselessons too late. As a result, our lastissue of The Opinion was replete witherrors. Many of our editorial changes,corrections and layout revisions didnot make it into our final publica-tion. Because of the errors, some ofour articles did not appear in theirentirety, or contained errors thatwere inconsistent with the effortsthat our writers and editors put intoperfecting the final product. Some ofthe edits that didn’t make it into thefinal publication corrected errors andomissions in attribution. The over-whelming majority of these mistakesare due directly and specifically tothe fact that I didn’t know how touse our new software, and I was toostubborn to ask for help or admitthat I was struggling.

More specifically, please make noteof the following heinous and egre-gious errors: Although there may bemany different ways that we couldtry to spell it, Aaron Zitzelsberger’sname is actually spelled“Zitzelsberger.” We have yet to spellit correctly in any of our issues towhich Aaron has contributed. Aspenance, we will print it again:

“Zitzelsberger.”We are also very upset to see that

2-L Tracy Harris’ articles wereaffected by these errors. Any omis-sions or errata in her articles aresolely the responsibility of TheOpinion, and my ineptitude in partic-ular. Tracy is an extraordinarilytalented member of The Opinion staffand we are ashamed that her firstcontributions to the paper weremarred in any way by our editorialerrors.

Additionally, because much of ourattribution did not make it into ourfinal publication: Jennifer Ruiz, ofthe Medill News Service atNorthwestern should be credited forher contributions to the ForumIntroduction. Quotations from UnitedStates Supreme Court syllabithroughout the publication are notproperly cited. (No, it is not okay toslack off on this type of detail justbecause we’re not a law review.) Irelied heavily on Benjamin Dowling-Sendor’s Opening Your Schools in theMay, 1999 American School BoardJournal and various Supreme Courtcases in my article for the Forum.Where material is indicated in quota-tions or is set off, I am quotingSendor’s article directly, but theappropriate references do not appear.

Our article, “Time to Think SeriouslyAbout Plagiarism,” relies heavily onthe research and writing of ProfessorsDavid J. Shakow of the University ofPennsylvania School of Law, and TerriLeClercq of the University of TexasLaw School, and their contributionsto the Journal of Legal Education,Volumes 42 and 49, respectively.Moreover, in articles where authorsare referring to information availableon the Internet, the web addresses asreferenced, do not appear.

We would like to remind you thatwe are aspiring to create a newspaperthat William Mitchell students can beproud of. Because we are a student-run, student-managed, student-edited publication, we are vulnerableto the same inefficacies as all lawstudents, particularly those with thehumility to admit they’re not perfect.In the future, if you believe we’vemade an error, or if you have acomment, suggestion or complaintabout our reporting or writing, pleasebring it to the attention of ourEditor-in-Chief or our Faculty Advisorimmediately. We look forward to anexciting year and hope you willcontinue to be a part of The Opinion.

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

Copy Editor: Vanessa Hansen

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 toTheopinion@wmitchell.edu. 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 Jhenders@wmitchell.edu withspecific questions or comments.

Parties interested in advertising in The Opinion should contact theBusiness Manager at Jenmacaulay@qwest.net.

I was contemplating what to writeabout as I start my fourth year oflaw school and my first and onlyyear as EIC of The Opinion. I wantedto write the perfect “Letter from theEditor” – short and concise, butbrimming with literary brilliance –at once funny, but serious, profes-sional, but warm. But the onlythought I could muster was: Who amI kidding? I’m a law student. I haveno experience with newspapers orjournalism and most of you arebetter writers than I am. I started tothink about why I wanted to be EICat all.

It definitely wasn’t peer pressurethat pushed me. In fact, the generalconsensus went something like this:“You want to do what?! Are youcrazy?! You are going into yourfourth year of law school. Youalready have a job, you already didlaw review for two years, you’vemade it through three years of lawschool – why do more? Just take iteasy in your last year. Take easyclasses and coast through.” Andbelieve me, these arguments have alot of appeal.

Besides these persuasive argu-ments, there is also the fact that Iam terrified. Like most law students,I am a perfectionist. I want every-thing I am associated with to beperfect. Not only this column, butthe entire newspaper. Every space,font, headline, page number andarticle must be perfect. If it is not, Iam completely responsible andanswerable for that. This is veryscary because I know it will not beperfect. It will never be perfect. I

know this and must accept thisbefore I even start. That’s a hardthing to do.

So why do it? Because a wonderfulopportunity to learn something hasfallen into my lap and I would becrazy to let that opportunity go. Itis true that, right now, I know verylittle about newspapers or journal-ism. But by the end of this year,that will no longer be true. It is alsotrue that The Opinion will never beentirely perfect. But I will do mybest to make it good – really good –and to make each issue better thanthe last. When mistakes are made, Iwill learn from them and move on.At the end of this journey, I willhave learned a lot and accomplishedsomething that I will take pride in.

And then there’s the journeyitself. This year I’ll have the chanceto work with my peers and buildrelationships and memories that willenhance my life. I will meet people Iwouldn’t otherwise meet and I willdo things I wouldn’t otherwise dobut for this experience with TheOpinion. The same is true of the lawschool experience. While some willquestion your sanity for being here,you know deep down that yourexperiences here – the good, the badand the ugly – will enhance andenrich your life.

I hope you enjoy your journey—I know I will.

Editor-in-Chief,

Jennifer D. Henderson

From the EditorThe Journey

“It is good to have an end to journey toward, but it is the journey thatmatters in the end.” -Ursula K. LeGuin

Energy and Power

By Chris Frank

When it comes to the environmentI am neither a tree-hugging liberalnor am I a right-wing conservative. Irecycle if there is a clearly labeleddispenser that says “RECYCLABLESONLY.” If not, I throw my cans in thegarbage and feel moderately uneasyabout it for a second or two. But theheadlines have had me worried lately.California is having power outages,the media is constantly reporting onthe Bush energy policy or lackthereof, and there is even talk aboutstarting up nuclear power plants thathave been vacant for decades. So,have we run out of energy? Does thishave anything to do with my envi-ronmental policy? What is going on?

Let’s start with history. Sure, whenwe talk about power and electricitywe talk in kilowatts and megawattsand so on. But the delivery of poweris based on a very simple principle.Electricity will take the path of leastresistance. Thus was created thelargest machine known to man - theUnited States power grid.

When the power grid was originallyset up, distributors built plants inlocations where it was easiest todeliver energy to their customers.Therefore, the United States powergrid is essentially divided up intothree regions: a western region, aneastern region, and Texas. Each gridconsists of a hodgepodge of differentpower producers who connect lineswith other power producers through-out their respective regions. Powerproducers were regulated by thefederal government, and individuallyby the states they serviced, and localgovernments too. And so it went formany years… until deregulation.

In the 1990’s, the delivery of powerwas deregulated. What this meantwas that any supplier of power couldsupply power to any customer. Now,instead of having the HometownPowerplant supplying power to the

Hometown, the HometownPowerplant can deliver its power to ahigher paying customer anywhere inthe nation. Conversely, Hometowncan now contract with a cheaperseller. Sounds like the free market atits finest, right? Well, deregulationhas caused some problems.

In 1996, the Western grid linessnapped twice, blacking out elevenWestern states, including California.The problem arose because mosttransmission lines used to movepower from place to place wereinstalled years ago and cannot handlethe current capacity demanded ofthem. After the 1996 blackout,California placed restrictions on theamount of power that can be deliv-ered to the state. This has greatlyincreased California’s current powerproblems because the state’s powerdemand exceeds its power supply. Sowhat is being done?

On the positive side, the powergenerating capacity of North Americais supposed to grow 20% over thenext decade according to the U.S.Department of Energy. This is morethan enough to meet our foreseeablepower needs. However, the proposedconstruction of high-powered trans-mission lines would result in only a4.2% increase. Thus, we will be ableto produce enough power but we willnot be able to distribute that power.This is a problem. While an obviousresponse would be to construct moretransmission lines, no company is tookeen on going into the transmissionline-laying business. Who wants totravel neighborhood to neighborhoodconvincing people to allow high-powered transmission lines throughtheir backyards? Not a fun job, Iimagine.

So what else can we do? Onecompany is experimenting in NewYork with a new application of an oldtechnology. European engineeringcompany Siemens, has created agiant power switch that seeks tostabilize the amount of electricitygoing through a power line and thus

maximize its capacity. But the realfeat is that this switch would allowan over-utilized power line to sendsome of the load to a lesser-utilizedline - a feat never before tried.According to Peter Fairley in theJuly/August 2001 issue of TechnologyReview the process is equivalent to acoronary bypass at the heart of thepower grid.

Another proposed solution is newtechnology in the area of alternativepower sources. Much as computerswent from mainframes owned by afew large companies to personalcomputers, so may go the powerindustry. Solar power and wind powerare becoming increasingly more effi-cient and affordable. Although theycannot yet be used to supply all ofour power needs, they can certainlybe used as a supplement to minimizeour reliance on the grid.

Other alternative power sources arealready on the market from compa-nies like General Electric and Encorp.Available now, for the price of an

expensive car, are turbine powersources that can supply all individualpower needs. Another alternative is afuel-cell that is supposed to deliverclean and quiet power. Turbine andfuel-cell units are the size of a smallrefrigerator and have the potential tosatisfy all of our individual powerneeds so that someday we may notrely on the power grid at all. Rightnow, however, these alternatives arenot economical options for mosthomeowners but instead are aimed atbusinesses looking to remove them-selves from the grid.

While the move from taking powerfrom the grid, to having our ownpersonal power source is still a fewyears off, at least the technology ishere. In the meantime, I guess Iwon’t have to buy candles while Ianxiously await President GeorgeBush to finally decide on an energypolicy. But I sure hope he hurries.

Page 4 The Opinion • Fall 2001

William Mitchell Counseling Services

On-campus support for students, faculty, & staff�

❖ Test-anxiety assistance ❖ Stress-management help❖ Confidential v Convenient location

❖ Free initial consultation❖ $15 copayment for each office visit

❖ Free seminars & workshops

Call (651) 293-0979 for information or an appointment.

1278 Grand AvenueSaint Paul, MN 55105Phone:(651) 696-1666

Email: sales@hotmomo.com

Eve

rest on Grand

Random Thoughts

Page 5The Opinion • Fall 2001

By Richard Wagner, LICSW

Richard Wagner is a licensed independent clin-ical social worker and coordinator of the WMCLCounseling Services Center. He earned a Master’sDegree in psychiatric social work from theUniversity of Chicago in 1973. He maintains aprivate practice in Minneapolis and has been aconsultant for the Minnesota State BarAssociation. The following is an attempt tosummarize a considerable amount of informa-tion gathered by Mr. Wagner and the CounselingServices Center over the last several years ofworking with students. Other sources relied onare noted at the end of the article.

Data on Law StudentEmotional Distress

Law school is stressful.Consistently, data collected fromstudents who request counseling atWMCL show that they come in forseveral reasons, including anxiety,relationship difficulties, academicconcerns and depression. Judged byresearch performed elsewhere, theseproblems are consistent with theproblems experienced by law studentsnationally, among those who don'tseek counseling as well as amongthose who do. Alcoholism also oftenbecomes a problem for law students.The ABA Journal (March 1993)reported that “12% of (law) studentsbegin abusing substances in lawschool.”

Manifestations of Law StudentEmotional Distress

Despite the emotional issues lawschool brings out, students oftenwon’t talk openly about internalemotional experiences, however, theywill “demonstrate” distress through avariety of behaviors. Examples ofsuch behaviors include: obsessiveresearch (hyper-vigilance), littleresearch (premature closure), missingclasses, not speaking in class, testanxiety or frequent requests forinformation (e.g., support). First-yearstudents are often anxious, whilethird-year students are oftendepressed. Depression exhibits itselfwhen students appear lacking inenergy, in student pessimism, dimin-ished quality of work, and fatigue.Relationship difficulties are moredifficult to discern because they areless visible at school but studentsmay make passing references to argu-ments with friends or family or tomarital difficulties. Close relation-ships often take the brunt of thestudent’s adjustment to law schooland the student’s release of tension.Dealing with conflict and anger isanother struggle for students.Specific hostility may be couched inglobal "indictments" of law schooland the practice of law, but itssource is more likely a reaction tospecific events.

The Impact of EmotionalDistress on a Student’sAbility to Learn

The severity of emotional distresswe see in law students seems toimpair their ability to learn. Thisstatement is based on reports of thestudents we see who admit theiranxiety, depression and relationshipdifficulties affect their concentrationand energy levels. Their self-reportsindicate they would perform betterwithout the emotional distress thataccompanies law school.

Understanding CausativeFactors in Distress

The research that has been done onemotional distress in law studentssuggests that the WMCL students whoseek counseling represent a crosssection of all students, not just atWMCL but nationwide (contrary tosome notions that only strugglingstudents experience emotionaldistress). Research suggests that lawstudents are no more predisposed toemotional distress than other graduatestudents. However, law school is appar-ently the most stressful of graduateschool experiences. Once in law school,emotional symptom levels are elevatedsignificantly for many students. Aconclusion to be drawn from this isthat something happens to a studentwhile in law school that affectsemotional health and, as a conse-quence, affects the ability to learn.

Characteristicsof Law Students

Once a student makes the decisionto attend law school, and even beforeschool begins, some importantchanges are initiated that begin tounbalance the student emotionally.Often the student moves, leavingloved ones and encountering a newenvironment and new people.Financial status is often reduced andthe student has less time for otherthings. Next, a student arrives at thesteps of the law school with a set ofexpectations: to learn lawyering skills,to emerge “feeling like a lawyer” andthat law school will be similar to thestudent’s (previously successful)undergraduate experience. Littleprepares the student for the actualexperience that generally runscontrary to expectations.

I observe some other common char-acteristic of law students. These areindividuals who have usually beenviewed, and view themselves, asintelligent and successful in theacademic arena. Students often cometo law school with a sense of idealismand a wish to make a difference insociety. Another common characteris-tic that law students share involvesthe constructive expression of self-assertion - some students’ self-assertion becomes overly aggressive,while others hold back so much thatthey minimize their emotionalimpact. Once in law school, studentsbegin to question almost everythingabout themselves at some level: theirintelligence, their competence, theiridentity, their commitment and theirsense of belonging. Students areasked not only to rethink theirbeliefs, but also to “think” in adifferent way. The process itself asksthe student to question everything.While the student is in the process ofjettisoning much of how he organizedand stabilized his world, he or she isreceiving little, if any, immediatefeedback about how he or she isdoing in this new world. And theconsequences of this new venture aresignificant.

In addition, most students have acommon goal of developing a profes-sional (and for some perhaps apersonal) identity. In the process offorming a professional identity, many

of the lawyer’s skills are integratedinto the student's personality. Thisbecomes apparent in close relation-ships. The legal skills appropriate inthe courtroom can be inappropriatelyused in close relationships. While lawvalues logic and avoids emotion,close relationships value emotion. Inlaw, making a strong argument andhighlighting an opponent’s weaknessis necessary. These skills can bedamaging in a close relationshipwhere empathy and admission ofmistakes are necessary.

While these struggles are quitecommon, most students feel like theyare unique and alone. Little wonderthat the first-year student is anxious.

Characteristics of Law School In law school, time becomes very

important. The intensified use oftime often has an adverse impact onthe law student in at least twoimportant ways. First, a law student’ssocial life is often restricted to otherlaw students. Strenuous demands areplaced on a law student’s time andthe stress is often so specific that lawstudents choose to be with other lawstudents or they don’t have time todevelop outside contacts. Second,since time is in such demand, all timemay be seen as valuable for itsproductivity and not for anythingelse. The almost exclusive social lifeof like-minded people and the focuson time’s productivity value sets up aparticular kind of culture.

Psychologically, as stated above,most law students experienceemotional symptoms of some kind.Yet the prevailing attitude aboutemotional distress in law school isthat it reflects personal weakness.Rather than having an open discus-sion about the common experience,the pain is experienced alone. Theattitude that emotional distress isweakness is reflected in myriad ways,for example: how the common experi-ence is not openly acknowledged;how professors, for the most part,don’t explain their classes can indi-rectly promote anxiety; howprofessors and students don’tacknowledge their own struggleswith this aspect of learning to be alawyer; how many students admitthat they seek counseling with fearthat others may find out; and howpejorative comments about anxiety ordepression (like “if you can’t take theheat get out of the kitchen”)promote an insecurity about thesefeelings and serve to suppress anydiscussion of them.

Another universal law school expe-rience is the increased anxiety thatbuilds in human beings when wedon't know if we belong. This occursin law school in a number of ways.Students often have to wait into thesecond semester of their first yearbefore they determine if their abili-ties are sufficient. They have totolerate lack of personal attention inlarge classes and, correctly or not,often perceive their professors asuninterested (or worse, antagonistic)toward them. They have to toleratethree or more years of law school andmounting debt before they knowwhether they will find rewarding

By Mike Henderson

Top Ten Things to DoWhile Your Significant Other

Is in Law School1) Practice the art of argument. Your

spouse will be honing his or her skillsfor several hours daily at WilliamMitchell. Your only hope is to practice,practice, practice. Start off simplymemorizing key phrases such as “youare being defensive” and work your wayup to multi layered arguments andadvanced counter-argument techniques.

2) Pass time by cleaning the house,doing laundry, cooking, doing dishes,walking the dog, taking out the trash…basically all household chores. While itmay seem never- ending, school doesend in three to four years.Unfortunately, the student will forgethow to do the above chores by then.

3) Keep several photos of the lawstudent around. Special preferenceshould be given to photos where thestudent looks exhausted, unshaven,and frazzled. Look at these photosoften so you do not forget what thestudent looks like when he or shefinally comes home.

4) Think about getting a law degreeyourself. It may sound sick and twisted(two lawyers in one household?), butthink about it. For the next three tofour years you will be proofreading andtyping legal reports, doing research,quizzing your student… Why not takethe next step?

5) Build a shed, or better yet aclimate-controlled secondary garage tohouse all of the papers, law journalsand school books (not to mention valu-able back issues of The Opinion) thatthe student will collect. This will bemuch less painful than selling backthose $80 books to the school for $3.49.

6) Keep a running list of non-law-related topics to discuss for those rareevenings when you are able to havedinner together. Remember, thestudent will have an uncanny ability toturn virtually any conversation into alegal discussion that eventuallydegrades into a monologue concerninggrades, rank, employment and studentloans.

7) Speaking of student loans… aftertwo to three years, you will become anexpert at filling out the various applica-tions. Take advantage of thesenew-found skills and think about acareer as an accountant, governmentred tape expert or creative writer.

8) Get used to being the “Spouse” or“Significant Other.” Regardless of whatyou have achieved in life, be it Directorof Brain Surgery, CEO, or World Leader,at all school and legal gatherings (andthere are many) your rectangular whitenametag will say “Spouse” or“Significant Other” under your name. Inyour spare time I‘d suggest buying thenametags in bulk and filling them outahead of time.

9) Start updating your stationary,address labels, and any other printedmaterials with your spouse‘s name on it.From graduation day forward, thelawyer must always have his or hermiddle initial included in their name.This is a phenomenon primarily limitedto lawyers. Check out any legal publica-tion or law firm directory and you willfind that this is a necessity. Don‘t argueor fight it—even though it would polishyour arguementive skills—just do it.

10) Enjoy your three to four years ofsolitude. While the student is at WilliamMitchell day and night, learn to paint,play guitar, speak Danish, make potteryor write a novel. One important note: ifyou have children, skip this tip…andgood luck!

Emotional Distress in William Mitchell LawStudents and Its Impact on Learning

continued on page 6

Spouse’sSidebar

Page 6 The Opinion • Fall 2001

engaged in foreign or interstatecommerce,” includes all employmentcontracts and therefore employeesand employers may not agree to arbi-trate disputes.

While the Court in Circuit Citydisagreed with these arguments, theyare not dead. Congress continues todebate amendments to the FAA andother legislation that would putlimits on the enforceability of arbi-tration clauses. The debate continueshere at WMCL as well. JenniferMacaulay agrees that the decision iscorrect, but is nonetheless disap-pointed that the Justices betrayedtheir philosophical roots. Mary Kilgusargues the Court was wrong and thatarbitration should not apply in theemployment setting. What do youthink? Get involved in the debate…it’s not likely to be ending anytime soon.

The Forum debate is continuedon page 7 with Pro/Con.

The ForumArbitration in Employment

continued from page 1

legal jobs. This contrasts to medicalstudents, for instance, who endurethe same demands on their time,their sleep and their intellect, buthave the benefit of closer personalattention, immediate feedback, anencouraging atmosphere, a sharedassumption of graduating and thelikelihood of high financial rewardsfor their efforts.

Law school does not promoteemotional balance in general.Individuals find an emotional balanceand positive self-esteem in two direc-tions: striving for mastery andstriving for intimacy. Striving formastery has to do with competencyand effectiveness and is expressedoften through work. Striving for inti-macy has to do with closeness andemotional connection to others andis expressed through relationships.Frequently with law students, thestriving for mastery of law happensat the neglect of intimacy. This iscompounded by the increased satis-faction, praise and reward oneachieves at school and later workpromoting increased attachment towork and diminished attachment tofamily and friends.

Law School ProfessorsStudents often comment to me

during the counseling hour abouttheir feelings that they are of nosignificance to the professors or theschool. (Ironically this stands incontrast to various professors andadministrators who have madecomments to me.) Even the mostsensitive professor may come acrossas demanding and aggressive to ananxious or insecure student. Theemphasis that professors place onintellectual competence may over-shadow the emotional atmosphereexperienced by students. And likestudents, professors may struggleswith their own aggression, exhibitingtoo much or too little.

ConclusionWhile law school is stressful and

can create a great deal of emotionaldistress, there is no need to go italone. The Counseling Center offersconfidential assistance for WMCLstudents, faculty and staff. Please call(651) 293-0979 for more information.

Bibliography

Beck, Sales, Benjamin, LawyerDistress: Alcohol-Related Problems andOther Psychological Concerns Among ASample of Practicing Lawyers, Journal ofLaw and Health, Vol. 10-1, 1995-96;

Benjamin, Kazniak, Sales, Shanfield,The Role of Legal Education In ProducingEmotional Distress Among Law StudentsAnd Lawyers, 1986 American BarFoundation Research Journal;

Kofodimos, Joan R., Why ExecutivesLose Their Balance OrganizationalDynamics;

Watson, Andrew S., The Quest ForProfessional Competence: PsychologicalAspects of Legal Education, Delivered on11/15/67, Robert Marx Lectures,University of Cincinnati. Dr. Watson isProfessor of Law, Professor of Psychiatry,University of Michigan.

To contact William MitchellCounseling Servicescall 651-293-0979.All services are confidential.

Emotional Distress continued from page 5 The GoodNews Report

Recent Activities of thePresident and Dean,Faculty and Staff of WMCLContributed by Diane Lund

During April and May, Presidentand Dean Harry J. Haynsworth:• Attended the Student Honors

Program, a reception for theLaw Review Board, the HeritageSociety luncheon and seminar, andWMCL’s spring commencement;

• Participated in Peter Martin’sday-long visit to WMCL,culminating in Professor Martin’sPublic Square lecture;

• Hosted the Dean’s Round Tablewith Mark Briol ‘97 and areception for Professors Jones andMarino in the auditorium;

• Attended the Bar AdmissionsAdvisory Council Meeting, theMinnesota Federal Bar Associationreception, the reception for theMinnesota Fellows of theAmerican Bar Foundation, and ameeting with the Minnesota lawschool deans.

• Attended the Minnesota Zooboard meeting and annual fundraiser as a “Beastly Ball 2001:A Zoo Odyssey;”

• Attended, as a Commissioner forthe National Conference ofCommissioners on Uniform StateLaws, the NCCUSL Joint EditorialBoard meeting in Chicago and theRevised Uniform LimitedPartnership Act DraftingCommittee meeting in Boston;

• Traveled to Washington, D.C.,for the American Law InstituteAnnual Meeting and while at thatmeeting attended the ABA Dean’sBreakfast meeting.

continued on page 11

Page 7The Opinion • Fall 2001

Circuit City,So What?By Jennifer Macaulay

The thing that just alarms meabout the Circuit City case is the factthat employers make these argumentswith a straight face. I pulled the oralargument transcripts, and it doesn’tseem like the lawyers were laughing.(But they very rarely do.) This is myown standard, of course. My boss,Charlie Hvass calls it the “smell test.”I call it the “Can I keep a straightface and argue this?” test. Generally,we apply these tests to trial practice.We know that when our argumentsget too attenuated and illogical,jurors will smell the stink. And Iknow that a jury isn’t going to takeme seriously if I think my argumentis silly.

My point? Well, OF COURSE theFederal Arbitration Act applies toemployers. Are you KIDDING me???

I don’t have the time, energy ormotivation to pull up statistics onthis, but it seems to me that themost commonly buried arbitrationclause, or perhaps the most oft-unno-ticed by the unwary contractee,would be in an employment contract.And if the FAA is being used as asword, rather than a shield, onemight guess it would be used tocompel swarmy and unethical arbitra-tion clauses, hidden unmercifully inthe dense and incomprehensiblelegalese of a carefully draftedemployment contract. So, if I put onmy critical hat, I can see very clearlythat OF COURSE the FAA applies toemployers. The legislative recordsurrounding FAA makes it clear thatthe intent of the statute was to make

arbitration clauses easier to enforce.Which clauses were they thinkingabout? Bijilliion dollar mergers?Doubtful.

I recognize fully and happily,however, that this isn’t the entirestory. In fact it’s clear that thecontentious “clause 2” that is thesubject of this entire controversyrefers to interstate commerce.Hmmmm….why would they do that?Maybe because that’s the only thingthey had authorityto do?

If the FAA didn’t apply, the arbitra-tion clause would be reviewed undercontract principles, i.e., whether ornot it was “unconscionable” or a“contract of adhesion.” I wouldargue that most arbitration clausesincorporated into employment agree-ments are, at the very least,procedurally unconscionable. Therecan never be equal bargaining powerbetween an employee and anemployer. That is why we call one ofthem “boss.”

This is what Adams, the employeein Circuit City argued, but U.S.District Judge Charles Legge didn’tbuy it. Legge’s memorandum opiniondidn’t address the fact that theemployment “contract” contained adisclaimer that provided that it didn’t“form a contract of employmentbetween Circuit City and [Adams].”The Ninth Circuit didn’t seem to caremuch either. (I mention this becauseI thought it was sketchy.) On appeal,the Ninth Circuit unanimouslyreversed the trial court’s order thatAdams and Circuit City go to arbitra-tion. It held that the FAA doesn’tapply to employment contracts, andthat Adams’ contract was an “employ-ment contract,” and therefore the“district court… lacked the author-ity, as a matter of substantive law, tocompel arbitration because theFederal Arbitration Act does notapply to this case.”

When the U.S. Supreme Courtgranted certiorari on May 22, 2000, itlimited its review to the question ofwhether the FAA applies to employ-ment contracts, and whether the

state retains its right to regulatearbitration agreements. So, whocares? Why does it matter?

We know from ADR class thatemployers use arbitration becausearbitrators are statistically more likelythan courts or juries to reach acompromise, making the likelihoodthat an employer is liable for damagesless likely. And since employers draftthe contracts, employers set limits onthe terms and procedures of the arbi-tration, like eliminating discovery, orlimiting damages.

On March 21, 2001, the Court held5-4 that the Federal Arbitration Actapplies to employment contracts, sosince there was an arbitration clausein Adams’ contract, he can’t sue overharassment at work without firstattempting arbitration. The Justicessat in their assigned seats; DarkhorseKennedy wrote the opinion of thecourt, and he was joined by thetrickle-down-Justice Republicans:Rehnquist, Scalia, O’Connor andThomas. The ACLU, plaintiff-friendlyLiberals: Stevens, Souter, Ginsbergand Breyer were concerned with therights of individuals and dissented.

True to the scary jurisprudentialand epistemological flip-floppiness oftheir Bush v. Gore opinion, theSupreme Court forgot its roots. Ormaybe we have its “roots” wrong.

It is, in the end, about individualrights. There are four Justices inter-ested in individual rights, whetherit’s the state or federal governmentprotecting them. And there are fiveJustices interested in free-marketcapitalism who believe that thegovernment shouldn’t be allowed torestrict any business – be it that ofCircuit City, or that of the local donutshop – under any circumstances.

Now for as long as I can remember,law professors have taught us thatthere are two kinds of Supreme CourtJustices. They’re not “conservative”or “liberal;” they’re “federalist” or“anti-federalist.” And some profes-sors call the Rehnquist ideologicalclub the “federalists” and the Stevensclub the “anti-federalists.” This isbased on the notion that the federal-

ists should be wary of the federalgovernment’s attempts to take awaypowers that should rightly bereserved to the states. (I call it “posttraumatic Lochner disorder”). And theanti-federalists believe that thefederal government must exercisesome degree of supervisory authorityover the substantive due processrights of an individual.

So, what happened? What’shappening? Did they forget abouttheir labels? The Circuit City decisionis about as ideologically confusing tothis law student as Bush v. Gore. TheCircuit City decision allows the federalcourts to have enforcement authorityover state contracts of employmentwhen these contracts contain arbitra-tion clauses. I agree, as I insistedfrom the beginning that OF COURSEthe FAA regulates employmentcontracts. But should it? From theCourt that brought us cases likeLopez and the decision that allowsstates the discretion to jail soccermoms for failing to wear a seatbelt,we get this?!

I, for one, think that the federalgovernment has no business in thearena of employment contracts thatdon’t violate substantive due processrights recognized under theFourteenth Amendment, or relate tointerstate commerce. And no, I don’tjust think this because I work for aplaintiff’s lawyer. I think this becauseI read Supreme Court cases very care-fully. And when we uphold the rightto abortion, not because it’s legallyright, but because we’ve done it forso long that it doesn’t seem fair tochange it (Casey), I think the Courthas told us that we can rely on theirdoctrine, and their jurisprudence, tohave some degree of continuity.Scalia, Rehnquist, O’Connor andThomas have told us over and overagain, in no uncertain terms, thatthe federal government can’t do whatthey just ruled that it could.

By Mary Kilgus

The Supreme Court’s decision inCircuit City v. Adams is simply the oftcontended but never settled argu-ment over the scope of congressionalpower under the Commerce Clause.These days, the reach of federal legis-lation into our every day livesextends on and on, with nothingseeming to stop it.

The Court certainly wasn’t going tostop at the question of whether theexception in the Federal ArbitrationAct for “contracts of employment ofseamen, railroad employees, or anyother class of workers engaged inforeign or interstate commerce”applied to all workers or simply someworkers. The question in Circuit Citywas whether a contract for employ-ment at Circuit City, an electronicsretailer, which included a mandatoryarbitration clause, fell inside oroutside the FAA. Arguments centeredon section 2 (quoted above), andwhether the Court should read thestatute as including all employmentcontracts under the FAA with the

only exceptions being those named.The Court decided that all employ-ment contracts fell under the FAA.

The most compelling argument formaking this sweeping pronounce-ment, according to the Court, is thatall the circuit courts except the Ninthhave read the section as meaningonly transportation workers. I wouldsubmit that there are morecompelling arguments for the exclu-sion of your garden-varietyemployment contract from the Actthat the Court simply ignored.

There was a question, for instance,about what Congress intended withthis legislation. It is unanimouslyagreed that the FAA was enacted tocurb states’ resistance to arbitrationin commercial disputes. Employmentcontracts were never part of the soupuntil the Seamen’s Union demandedto be specifically carved out of theFAA. According to the hearing papersof 1925, there was some discussionthat employment contracts were notthe issue here and that Congressintended only commercial disputes tofall under the Act. To appease the

union, however, Herbert Hooversuggested the current language and itwas accepted. The Supreme Court inCircuit City said this history was notcompelling enough. How can officialhearings stating the congressionalintention for the FAA not becompelling?

Why didn’t Congress spell outdefinitively either that all employ-ment contracts were exempt, or thatonly those already under theCommerce Clause were exempt frommandatory arbitration? If Congressnever intended the FAA to coveremployment contracts, they shouldhave said as much. Perhaps thenotion of the their own congressionalpower was the reason they didn’t.

In 1925, the scope of congressionalpower under the Commerce Clausewas much more limited than it istoday. Because interstate commerce,including those workers involved ininterstate commerce, were alreadyunder the auspices of the CommerceClause, Congress likely did not imag-ine the need for exempting allemployment contracts from the FAA’s

scope. They would have not thoughtthose contracts were subject tocongressional power, since the Actwas intended to redress problems incommercial disputes in interstatecommerce. The Supreme Court,however, decides they really meant toexclude only transportation workersfrom mandatory arbitration ofemployment contracts, and everyoneelse’s employment contract fallswithin the FAA’s scope.

Is it just me, or does anyone thinkit’s at least interesting that theSupreme Court has no problemexpanding the scope of congressionalpower beyond what was intended bythat body some 70 years ago? Thereal question of course, is whetherthe FAA was intended to reach intoevery home in America and aimfederal legislation at two of the mostfundamental rights of anyAmerican—to work and to have theirday in court to settle their disputes.As a policy decision, Circuit City let usall down.

Supreme Court v. Average American

Foru

m PROCON

MORETHAN GREAT

BEER

AWESOME FOOD

HANDCRAFTEDBEER

FRESH BREWED VINE PARK BEER

ON TAP EVERY DAY

HAPPY HOUR$1 OFF VINE PARK PINTS

AND GLASS WINE

tuesday-friday 3-5 pm

tuesday-thursday 10-12 pm

BRUNCHSUNDAYS 10 am - 2 pm

PERSONALBREWERY

WHERE YOU & YOUR FRIENDS

CAN BREW YOUR OWN BEER

BEST PATIOIN TOWN

•B

RE

WI N

GC O M P A N Y

•

ST.

PA

UL

•VINE PARK

VINE PARK BREWING CO.242 west seventh street, st. paul

(651) 228-1355

located one block off grand avenue

and seventh street

Page 9The Opinion • Fall 2001

Fall CalendarAugust

8/18 Minnesota Renaissance Festival $15.95 for adults- (Weekends and Labor day) $6.95 for children

9/30 Visit www.renaissancefest.com/minnesota-main.htm for more information.

8/20 New Student Orientation August 20: 4 - 9:15PM- August 21: 12 - 9PM (picnic at 7PM)

8/22 August 23: 5 - 9PM8/22 OCI+ Training 12 - 1PM WMCL-Oppenheimer8/23 Fall classes begin!8/23 OCI+ Training 3:30 - 4:30PM WMCL-Oppenheimer8/23 Etta James O’Shaunnessy Auditorium8/23 Minnesota State Fair begins! State Fair Grounds, St. Paul- 9/3 Call 651-642-2200 for more info.

8/24 13th Annual Welcoming Celebration 9:30AM8/24 Saint Paul Saints v. Sioux City 7:05PM Midway Stadium

Season schedule available at: http://www.spsaints.com/

8/25 OCI Prep Program 9 - 12PM WMCL-OppenheimerThrough 8/26 Torch Song Trilogy Every Wed-Sun Jungle Theater

$8-$30. Call for showtimes.

Through 8/26 Improv in the Park 4 and 7 PM Sun Lake HarrietCall (612) 825-1832 for more info. (Weather permitting) Rose Garden

8/25 OCI+ Training 12:30 - 1:30PM WMCL-Oppenheimer8/27 LBJ’s Birthday and National Petroleum Day

Through 8/28 9 Nights of Musical Fun Tuesdays 6 - 8:30PM MN History Center8/28 Meet the Employers 5:30 - 7:00PM WMCL-Kelley Boardroom8/29 Meet the Employers 5:30 - 7:00PM WMCL-Kelley Boardroom8/31 Deadline to Submit OCI Forms & Bids WMCL-Career Services Office

Bids: 12:00 noon Forms: 6:30PM

September9/2 Full Moon9/3 Labor Day College Closed9/4 Sign up for OCI Mock 8:30AM - 7:30PM WMCL-Career Services

Interviews Begins9/4 Shake! Tuesdays through 12/31 9PM til close Brits Pub

Brits teams up w/ Let it Be Records for a Brit theme party.

9/5-9/9 Defeat of Jesse James Days Northfield, MNCall 507-645-5604 for more info.

9/7 Sweet Lou at the piano bar 8:30PM-close Nye’s Polonaise RoomFri&Sat Nights

9/8 National Iguana Awareness Day9/10 OCI Mock Interviews 5:30 - 7:30PM WMCL-Rooms TBA9/11 OCI Mock Interviews 5:30 - 7:30PM WMCL-Rooms TBA9/13 Second Annual Alumnae Tea 4-6:30PM WMCL Auditorium, Room 245

Info/RSVP: 651-290-6409 or jmiller2@wmitchell.edu

9/15-10/15 Hispanic Heritage Month begins today9/15-9/30 Fall Foliage Festivals

Floodwood, September 15 Call 218-476-2751 for more info.Lake City, September 15-16 Call 651-345-5355 for more info.Wykoff, September 29-30 Call 507-352-4011 for more info.Harmony, September 28-30 Call 800-445-6481 for more info.

9/15-9/16 The Tree Frog Music Festival Teepee Tonka Park, FaribaultCall 800-658-2354 for more info.

9/15-9/16 Minnesota Folk Festival Mounds ParkFree. Visit www.minnesotafolkfestival.org for more info.

9/15 Luciano Pavarotti Xcel Energy Center9/18 Rosh Hashanah9/18 OCI Interviews Begin!! Rooms TBA9/22 MN Minority Recruitment Conference Faegre & Benson9/27 Yom Kippur

Through 9/29 Capital City Cruisers Sat 6-10PM Kellogg Park

October10/1 Opinion submissions for November issue due today!!!!

If you were planning on submitting something clever or daring, thoughtful or pensive, etc.

to this, our own student newspaper, you should have done it by today.

Let your voice be heard

Send your stuff to theopinion@wmitchell.edu

10/2 Deadline to register for the MPRELate deadline (you have to pay more...) is 10/18.Remember you HAVE to take this to be a member of the MN Bar.For more information, check with Student Services or

http://www.ncbex.org/tests/mpre.htm

10/3 Minnesota Supreme Court visit 6:30-9PM WMCL10/3 National “Techies Day” Visit http://www.techiesday.org for more info

10/3 Dean’s Round Table #1 5:30PM WMCL-Kelley Boardroom10/4 OCI Callback Program 5:30PM WMCL-Room TBA10/7 Twin Cities Marathon Call 612-925-3500 for more info.

More than 7,500 runners participate in the Twin Cities Marathon.10/8 Columbus Day10/11 National Coming Out Day10/12 Dean’s Round Table #2 7:45AM WMCL/Kelley Boardroom10/17 International Day for the Eradication of Poverty10/18-19 Fall Break No classes10/20-31 Anoka Halloween Celebration Call 763-421-7130 for more info. Anoka10/26 Swearing in Ceremony Roy Wilkins Auditorium10/28-30 WMCL Annual Phonathon WMCL-Auditorium10/28 Daylight Savings time ends Change clocks BACK 1 hour!10/29 Goldberg Symposium TBA St. Paul UCC Church10/31 Halloween!

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. 11/15 Opinion publication day WMCL-Find your new Opinion today! 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...11/28 Dean’s Round Table #5 5:30PM WMCL-Kelley Boardroom11/30 Blue Moon Night (DUH) In the SKY

The term Blue Moon is used to describe the second full moon when a fullmoon occurs twice in the same calendar month. It happens once every 2.7years and never in the month of February because there are not enoughdays. The moon does not actually turn blue, though in late September1950, the moon in eastern North America actually did appear blue. Thisoccurred due to smoke from forest fires in western Canada.

Lawyering as we have known it, andthe debut of WR-Advocacy. Last year,instead of Legal Writing, 1-L’s tookWR-Advice, and WR-Persuasion. WR-Advocacy is the second component ofthe WRAP program. The most notabledifference between Legal Writing andLawyering and WRAP, is that thefirst-year courses no longer includean appellate advocacy component,and instead incorporate severalaspects of what used to beLawyering.

WRAP coordinators have also madeseveral changes to the first-yearWRAP classes in response to issuesraised by last year’s students. As theWRAP program continues to evolveand grow, student input and feedbackhas been very important. “I hope

that students know that we do valueand act upon their input,”commented WRAP coordinatorProfessor Deb Schmedemann.

This new academic year, WMCL willwelcome several new facultymembers, and will note the absenceof several familiar faces. ProfessorHamilton has left WMCL for the“greener” pastures at the new St.Thomas Law School. Professors Jonesand Marino celebrated their retire-ment last May. And just a few weeks

ago, we learned that Professor Gelpewill not be returning to WMCL.

At the same time, we are welcom-ing several new faculty members.Aviva Breen will be joining us as aDistinguished Practitioner inResidence during the Fall Semester.Until recently, Breen was theExecutive Director of the MinnesotaLegislative Commission on theEconomic Status of Women. Ms. Breenwill be teaching Legislative Advocacyand International Human Rights. Alsomaking a guest appearance, will beProfessor Kenneth Port. Professor Portwill be joining WMCL as a visitingprofessor during this academic year.Port has been a professor atMarquette University Law Schoolsince 1994, and has just returnedfrom a year at Tokyo University as aFulbright Scholar. Port will be teach-ing Property to Sections 4 and 5.

We will also welcome AssociateProfessor Raleigh Hannah Levine and

Assistant Professor Jay Krishnan tothe WMCL community. ProfessorLevine, who will join us fromColumbia Law School, will be teach-ing Torts. Professor Krishnan, whowill join us from UW-Milwauke, willbe teaching Torts.

With that, we welcome you back toan exciting new year at WMCL!

Welcome Backcontinued from page 1

“I hope that students knowthat we do value and act upon

their input,” commentedWRAP coordinator Professor

Deb Schmedemann.

If you have submissions for next issue’s calendar(November, December, January and February)please forward them to the Editor-in-Chiefat JHenders@wmitchell.edu

Page 10 The Opinion • Fall 2001

Oh CanadaBy Patrick Ostergren

Many crossed the border intoCanada to protest and avoid the warin Vietnam. Today more and moreAmericans, even the staunchsupporters of our cold-war policies,are beginning to rewrite our under-standing of that war and ourinvolvement. Nevertheless, many ofthe same frustrations with Americanforeign policy remain today. By wayof example, consider a practice thattakes place today, one that reflects agrowing dissatisfaction with – andeven fear of - American policies:When some Americans travel, theyattach Canadian flags to their appareland packs. While not fleeing thecountry, this practice reflects deepdissatisfaction with American poli-cies. Equally disturbing, it reflectsthe embarrassment, lack of patriot-ism, and lack of morale among manyof our citizenry, as well as their fearof being targets of terrorism abroadsimply because they are American.

From the missile system to theKyoto protocol, America has stoppedlistening to the world and to its owncitizens. A recent essay by relicWilliam Safire addressed the reasonsto push the missile system in the faceof growing world resentment.According to Safire, the most impor-tant reason for the U.S. to push it isto protect us from “rogue states”that can threaten us with a “manage-able” missile attack. Safire went onto say that, once the world realizes itis dealing with a serious man (Bush),nations will adjust their policies andprovide for our system.

Safire’s “fat cigar-smoking” attitudewill not do in a world that blamesAmerica for many of its problems.

Americans want peace and friendlyrelations – but what are we willing todo about it? Violent protests are inthe news each day as Genoa, Italyhosts the G8 Conference. The mainbeefs are “globalization” andAmerica’s retreat from Kyoto.President Bush recognizes that Kyotois not good for American businessand Texas oil, but the rest of theworld doesn’t see that as a justifica-tion for American business tosuffocate the world’s air or pollute itswater. When does the point comewhen things are bad enough that weneed to be drastic about environmen-tal regulation? That time came 20years ago.

As we face the future, Europecontinues to step up to the plate,both economically and as the worldleader in its recognition of humanrights, environmental policy anddiplomacy. Meanwhile, America idlesits motor and watches as Africa diesof AIDS. It negotiates with a heavyhand instead of being the worldleader in diplomacy. It blindly contin-ues support for an Israel thatcontinues to torment the Palestiniansin their own homeland, and it shieldsitself from its mistakes by building amissile shield.

What are we willing to do about it?Not much. We won’t run off toCanada in protest. We will merelyshow our quiet disdain by pretendingto be Canadians. This is a patheticresponse. Americans need to activate.We need to join the world in protestof ourselves. As we retreat from whatis right to what is good for us, theworld grows more and more weary ofAmerica. Soon there will be no doubtabout the U.S.’s need for the missiledefense. And soon Americans won’tbe able to visit the world anymore -with or without a Canadian flag toshield us.

By Dan Gilchrist

“An evil deed is not redeemed by anevil deed of retaliation. Justice isnever advanced in the taking ofhuman life. Morality is never upheldby legalized murder.”

- Coretta Scott King.

This June, after a two-generationabsence, the U.S. federal governmentleaped back into the business of judi-cially administered homicide. OnJune 11, 2001, on what would havebeen my father’s 70th birthday, theU.S. government killed TimothyMcVeigh. Eight days later, on June19th, the 10th anniversary of myfather’s death, the U.S. killed JuanGarza. Cruel coincidence sandwichedFather’s Day between those tworemarkable dates and McVeigh’s andGarza’s fathers received perverseFather’s Day gifts from Uncle Sam -those fathers became family membersof homicide victims.

I am not sad that Timothy McVeighis dead. The recently executed“Oklahoma City Bomber” was anunrepentant child murderer. McVeighcoldly planned and committed masshomicide. No, I am not saddened thathe is dead. But I am saddened by thediminished state of U.S. citizenssurviving Mc Veigh because we arenow killers too. Like McVeigh, wecitizens, through our representativesand our taxes, coldly planned andcommitted homicide. Eight days later,we killed again. After 38 years, U.S.taxpayers are once again complicit inthis systematic machinery of death.

I had looked forward to this June11th because it would be the 70thanniversary of my father’s birth. Iwanted to quietly celebrate hismemory. But I also dreaded theadvent of June 11th because it wouldmark the first-ever legal executioncarried out by a jurisdiction to whichI pay taxes. On June 11th, I wasforced to participate in homicide.

Until June, those like me, who wereborn after 1963 and raised inMinnesota, had escaped participatingin this business. Minnesota’s lastlegal execution was in 1906. WilliamWilliams’ gruesome 14-minute hang-ing prompted the MinnesotaLegislature to abolish the death

penalty in 1911. The United States’last legal execution was March 15,1963, when it hanged Victor Feguer.The U.S. Military executed its lastprisoner, Army Private John A.Bennett, in 1961.

During the 1960’s the deathpenalty fell out of favor. It appearedas though the U.S. was progressingdown the path of civility. Stateexecutions also ceased for almost 10years. But things changed in 1977when Utah shot Gary Gilmore. Since1977, about 700 prisoners have beenput down. State prison Death Rowsare bulging. The federal governmenthas also joined the act. There are nowat least 42 federal criminal statuesthat allow for death sentences.Several federal and military execu-tions are pending. Nineteen prisonerssit on federal death row, 14 of whomare African Americans.

Nonetheless, it may be true thatthe darkest hour is just before thedawn. With this execution resurgencehas come reflection and dialogue thatmay signal a turning point. This July,U.S. Supreme Court Justice SandraDay O’Connor spoke critically of thedeath penalty to a Minneapolis audi-ence. She said there are “seriousquestions” about whether the deathpenalty is fairly administered. Notingthat Minnesota does not have thedeath penalty, O’Connor said, “Youmust breathe a big sigh of reliefevery day.’’ Other prominent deathpenalty proponents have recentlyvoiced similar concerns in light ofevidence of race bias, class bias,undue expense, and erroneousconvictions. This reflection anddialogue may put us back on thepath of civility.

In 1995, I met and spoke withMikal Gilmore shortly after he chroni-cled his brother’s life and executionin Shot in the Heart. He described thepain, suffering, and humiliationinflicted on him and his motherbecause of his brother’s execution.The State of Utah changed theirstatus to that of family members ofhomicide victims. Cruel indeed.The federal government should showleadership and exit the business ofjudicially administered homicidefor good.

Also availableonline at:http://www.lawtoons.com

The U.S. FederalDeath Penalty Comes Alive

LawtoonsBy Suzan F. Charlton

Refer to page 15 for information about William Mitchell’s law journal.

• Attended the Consortium forInnovative Legal Education, Inc.(CILE) annual meeting held atWMCL. The CILE law schools areWMCL, New England College ofLaw, South Texas College of Law,and California Western Collegeof Law. He was elected secretaryof CILE.

On April 17, Professor Marcia R.Gelpe participated in a task forceestablished by the Ministry of theEnvironment of Israel to recommenda legal approach to dealing with theissue of contaminated land. She alsoprovided an opinion to the Ministryof the Environment on proposedchanges to the rules on environmen-tal impact statements.

West Group published Fundamentalsof Pretrial Litigation (4th ed.) writtenby Professor Roger S. Haydock,David F. Herr, and Jeffrey W. Stempel.Aspen is publishing Motion Practice(4th ed.) by Haydock, David F. Herr,and Jeffrey W. Stempel. ProfessorHaydock is teaching InternationalArbitration and Litigation at Oxford,England, this summer and directingthe Oxford program of the Universityof San Diego. He completed a booklettitled Get What You Want: How toNegotiate Successfully for the Institutefor Advanced Dispute Resolution. Healso completed the short articleDebunking Arbitration Myths for theNational Arbitration Forum.

On May 10, Professor Robert E.

Oliphant participated and lectured inthe Early Awareness program for K-12youngsters held at WMCL. TheMinnesota State Bar Association andthe Minnesota Association ofFinancial Aid Administrators spon-sored the program. He was the guestspeaker on May 1, 2001 at the RegionIV Conference of the InternationalAssociation of College LawEnforcement Administrators, inShakopee. He presented a PowerPointprogram on The Development andHistory of the Internet and the Law ofPrivacy in the United States. ProfessorOliphant and his spouse, Susan, werethe keynote speakers at the MidwestSeminars & Trade Show Conference inAlexandria, Minn., May 17. Theypresented a program on EmploymentSecurity Problems Created by theInternet. In June, Professor Oliphantparticipated in the Computer-AssistedLearning Institute’s (CALI) program,held at Suffolk Law School in Boston.

Professor and Vice Dean David J.Prince has been appointed to theMinnesota Pollution Control Agency’sEnvironmental Justice Advisory TaskForce. Over a six-month period, theadvisory group will develop recom-mendations to MPCA aimed atintegrating environmental justiceprinciples into all of the agency’sprograms and actions. The generalgoals of “environmental justice” arethat communities of color andeconomically disadvantaged commu-nities do not bear a disproportionateburden of environmental pollution orof the costs of environmental protec-

tion, that they are not denied equalaccess to environmental protectionbenefits, and that they have mean-ingful opportunity for participationin the development and implementa-tion of environmental programs. Thegoal is to counter the “garbage burn-ers are always located in poorneighborhoods” phenomenon. Theinitiative is funded by a grant fromthe U.S. Environmental ProtectionAgency. The task force of about 28people includes the heads of severalstate agencies and departments,representatives from the mayors’offices of St. Paul and Minneapolis,heads of several minority communityorganizations, representatives of acouple of citizens’ environmentalorganizations, and Professor Prince.

On June 14, Professor Niels B.Schaumann presented a CLE on FairUse: From Sony to Napster, at WestPublishing Company’s Town HallAuditorium. The program was wellattended, both by West attorneys andoutside practitioners. Written materi-als and slides totaled about 60 pages.On June 21, Professor Schaumannmoderated a program at the MSBAAnnual Convention. The program wassponsored by the Law PracticeManagement Committee and wastitled Creating a Profitable Future forYour Law Practice. ProfessorSchaumann attended the ABA-IPLSection Annual Meeting June 27-July 1, on behalf of SpecialCommittee on Security Interests inIntellectual Property.

On May 3-4, Professor Christine D.Ver Ploeg was a featured speaker atthe National Labor ArbitrationConference in Chicago, sponsored bythe Labor Arbitration Institute.

Anna Cherry is the author of UsingElectronic Research to Detect Sourcesof Plagiarized Materials,9 Perspectives: Teaching LegalResearch and Writing 133 (2001).

Gayle Keller McJunkin attendedand was a presenter at the AmericanBar Association Development confer-ence for deans and developmentprofessionals, May 30-June 1 inJackson Hole, Wyoming. Her topicwas Building the Annual Fund After aSuccessful Capital Campaign.

Kari Jensen Thomas spoke at theMinnesota Women Lawyers (MWL)Tips From the Bench CLE. On July 2,she attended MWL’s Annual Meetingand began her two-year appointmentto the MWL Board of Directors. OnMay 2-5, Thomas attended the 2001NALP Conference in Phoenix,Arizona. President Irena McGrathappointed her to the NALP MarketingAdvisory Council. During the nextyear, she will assist with the develop-ment of marketing strategies andideas to promote NALP resources,programming, and membership.

Page 11The Opinion • Fall 2001

What You Might Have Missed

“Judge Charlie Brown” was unveiled on June 8, 2001 by Judge Gary W.Bastian of the Ramsey County District Court. William Mitchell’s Dean andPresident, Harry J. Haynsworth assisted Judge Bastian with theunveiling. The statue is part of St. Paul’s “Charlie Brown Around Town”public-art project honoring cartoonist Charles Schulz.

Delegates from the BeijingPhotographer’s Associationwho attended the June 11opening reception posed fora photo.

William Mitchell hosted theexhibit “Focus on NewBeijing,” a collection ofphotographs of Beijing andits people between June 11and July 11, 2001.

Pictured here is one of the46 photographs on displayduring the exhibit.

Onlookers admire theChinese photographs. Theexhibit was organized bythe Beijing Photographers’Association to provideAmericans with insightinto the Chinese capitaland to encouragecooperation betweenthe U.S. and China.

Photos taken by Jake HouleWMCL Assistant Director of Public Relations and Publications

William Mitchell was hopping, even through the summermonths. Here are a few highlights, in case you missed them.

The Good News Reportcontinued from page 6

Page 12 The Opinion • Fall 2001

Perspectives - Looking BackPresented in this issue of Perspectives is a survey of several current WMCL students. I asked them to write with the first-year students in mind, to share their

experiences in order to ease the anxiety of those who are starting this fall. If you are a first-year student, I don’t know whether these articles will help, but atleast you can take comfort in the fact that everyone else is just as miserable as you are! — Jen Henderson

By Tracy Harris

It is like being thrown out into adeep sea, without knowing how toswim, waves crashing overhead, fear-ing you won’t be able to get yournext breath. This is the analogy Icame up with as my family andfriends began asking me about lawschool during those first few weeks.That’s exactly how it felt and that’sall I needed to say - a picture speaksa thousand words.

I read all the “Preparing for LawSchool - What to Expect” booksbefore coming to William Mitchell.Those books introduced me to legalanalysis, study techniques, and examstrategies. They also addressed myfears by demystifying the Socraticmethod, competition, and grades. Allof that information got my feet wet.Not one of those books, however,eased my anxiety on that first day.

Our first class was Torts. Theprofessor didn’t apply any pressure.She was nurturing, and understand-ing, giving us just a few pages toread in order not to overwhelm us. Atthe end of class I thought: “What’sthe big deal? This is not bad at all -I’m going to enjoy law school!” Thathappy haze lasted the entire ten-minute break between classes… untilCivil Procedure. I would have beenfine except for Civil Procedure.

The professor had a plan and it wascruel. Mr. Civil Procedure didn’t waitlong on that first day before hebegan calling on people to stand infront of the class to argue for theplaintiffs and defendants from thecases we had read. We didn’t have aclue about how to do that. The onlysolace was that most of us weredrowning. (You could tell who thesecond-year students were - they

were just riding the wave of intimida-tion.) I have never seen so many redfaces. It was terrible. I think theprofessor enjoyed it. After that class,despite my previous unwaveringresolve to be in law school, Ithought: “Why am I here?”

Nevertheless, as the year went on,it became foreseeable that a reason-able person in the same or similarcircumstance would make it to theend. Preparing for and attendingclass were stressful on most daysthroughout the entire year, but thatmode became familiar enough so thatI was no longer stressed about beingstressed - it was a way of life. Then, Iactually began to enjoy the intensityof school. I even started to enjoy theSocratic method. In what other rela-tionship or setting can you expressviews in a confrontational style with-out anger and without offending theother person? Usually, I approachdisagreement with caution andunease, but the Socratic method -once I began to enjoy it - allowed meto be combative without the usualsocial constraints. It didn’t evenmatter if my point turned out to bevalid, because I enjoyed developingthat new skill.

Now, as I reconsider the wholeexperience, I realize that not muchwas at stake during those first fewweeks. It felt vital, but I’ve discov-ered that feelings are most often apoor indicator of reality. You won’tget an “F” for turning red in class.You won’t even ruin your reputationbecause almost everyone in classshares the same anxieties. Early on,no grades are given (it only feels likeyou’re flunking). By the time youtake your first exam, you will havelearned how to swim - thank God!

Swimming in the Deep: The First Year of Law School

Mothers in Law SchoolBy Mary Kilgus

I originally set out to write some-thing to address the needs of new lawstudents who have children at home.I thought I could help them out. Ifigured I’d have something to sayabout the subject of handling moth-ering and law school since I am amother of three and in my secondyear of law school. Funny thinghappened on the way to Word,though. My steady walk slowed to astop. Wait a second. What was Idoing? What could I possibly say,after all? I saw a faux pas minefieldhiding behind every seemingly inno-cent phrase about being a mother anda law student.

What if I say the WRONG THING?What if I write about sitting in the

library studying and pausing to lookout the window and, without warn-ing, suddenly missing my kids somuch it physically hurts? How abouttrying to convey what it’s like not tosee them for five days in a rowbecause I’m in class night after night;

or how about what it’s like to missevery single one of your kids’ softballgames; or what it’s like to be bowledover at the door with bouncing,excited kids because they haven’tseen you in so long? “Mommy, willyou read us a story?!” “Mommy, lookwhat I drawed today!” “Mom! Mom!Look at me!” Some people might betempted to take a position on that.

Some people might be tempted tosay: “Women with young childrenshouldn’t go to law school;” or “Yourgoals aren’t as important as your chil-dren.”

But what if I write that law schoolis the most intellectually stimulatingthing I have ever done? What if Iwrite about how much I enjoy it, andhow sometimes, in the middle ofthinking something over, or arguingsome point at school, I’m not eventhinking of my kids’ softball game?Am I really a bad mother? Somepeople take a position on that too.

They might say, “You shouldn’t feeltied to patriarchal paradigms of some-one else’s choosing;” or “Some peopleshould never be mothers.”

And then it occurred to me that Idon’t really “handle” being a motherand attending law school as much as I“feel” my way through it - and itdoesn’t really matter what anyoneelse says about it. They aren’t theones trying to mold law school study-time around homework-helping time.They aren’t the ones refraining frommentioning law school for an entireday and breaking out the books onlyafter the last one is tucked into bedwith a story. They aren’t the onestrying to hold a family togetherthrough a very stressful time, a timewhen they are trying to do two(law school and family), and some-times three (work), big things at thesame time.

I guess I don’t have any pearls ofwisdom so I’ll just offer up what I tryto do. Do the best you can. Makespecific time for your kids. Rememberthat, after a while, “I’m busy” soundslike “I don’t want to.” Be sure tocarve out study time for yourself, andexplain to them clearly how muchtime law school takes. Let them knowspecific ways they can help you. Makelaw school a team effort. Hug them alot. There, that’s all I can say.

Letter to a 1LBy Chris Frank

The whole point of this letter is totell you that you have a lot to learn.

I read a particular category of bookthis summer know as a “novel.” Aperson writes a “novel” when theycompletely make up a whole world intheir head - people, places and every-thing - and write it down on severalhundred pieces of paper. Rarely arenovels cited in legal documents orused in support of a legal argument,by the way. One person that did aparticularly good job of making up awhole world in his head was KurtVonnegut, Jr. It is in the style of KurtVonnegut, Jr., and not in the style ofa 4L law student, that I shall writethe remainder of this letter.Everything that I write will be abouta world I made up in my own head.

There are many things that youdon’t know. The things that you don’tknow can be separated into two cate-gories. In the first category are thethings that you know you don’tknow. For example, I know that thereis such a thing as a piano. I alsoknow that I am not able to play thepiano. Thus, I know that I don’tknow how to play the piano. That isthe first category of things that youdon’t know.

There is also a second category ofthings that you don’t know. These arethe things that you don’t even knowthat you don’t know. One of thesethings is a Fodlefoofle. Not only doyou not know there is such a thing asa Fodlefoofle, but you didn’t evenknow that you didn’t know this. Youalso do not know that the Fodlefoofleis an instrument played theTypotodians of the planet Zhipthod,which exist only in the SeventhDimension. But that is not the end ofthe things that you don’t know.

You don’t know that all songsplayed on a Fodlfoofle by aTypotodian begin with the samenote. That note, when played in theSeventh Dimension, has an effect onthe Third Dimension that is equiva-lent to a cat rubbing up against yourleg while you sit on the couch read-

ing a newspaper. The last note of allFodlefoofle songs is also manifest inthe Third Dimension. The last note ofa Fodlefoofle occurs when you turnon a water fountain and it sprays youin the face. The Typotodians likesurprise endings.

Often you may find that a particu-larly good day is actually the resultof a particularly well-played song onthe Fodlefoofle. The most popularsong played on the Fodlefoofle thesedays is called “Lupy SploodleSepletemp” written and performed byFodlefoofle Master, Jon Jon 4567Flot, of the Zhipthod Ninth DistrictOrchestral School of Tulo. This song isthe equivalent of a Saturday after-noon when the weather is a perfect72 degrees and you are walking nextto the lake and you hear the icecream truck ring its bells announcingthe sale of a variety of perfectsummer treats, and much to yoursurprise you find in your pocketexactly $1.50 to purchase an icecream sandwich. On the other hand,a particularly bad day may be theresult of a teenage Typotodian takingout his anger on the Fodlefoofle. Atleast now you know you can end thisbad song by heading to the nearestwater fountain and spraying yourselfin the face.

Why do I speak of Typotodians andFodlefoofles? To this I reply: How isthis any more strange or obscurethan Promissory Estoppel, or TheRule Against Perpetuities, or Trover?From where you stand right now, allof these things you are about to learnmay as well have come from theplanet Zhipthod in the SeventhDimension. And so what if they do?I suppose I could have told you howto brief a case or write a legal memo,but I figure you can make up yourown world in your own head thatteaches you how to do that stuff. Atleast now you know that there aresome things that you don’t evenknow that you don’t know. Andanything you need to know from nowon will be a lot easier than playingthe Fodlefoofle in the SeventhDimension. Believe me.

Perspectives continues on page 13

Page 13The Opinion • Fall 2001

By Jennifer Macaulay

Law school hasn’t proved anythingto me that I wasn’t already quietlycontemplating. I haven’t had the sortof epiphany transposed through ScottTurow’s horror-thriller “One-L”. Ididn’t make a lot of friends. I didn’tgrow as a person. I didn’t learn newskills. I didn’t refine my style. I didn’tchange my position. And I didn’treally change…at all. It seems worth-while to sit around and think aboutit. Hmmmm….

I’m sitting around pontificating,because that’s what I do in my sparetime. (I used to tell people I wasmasticating, but too often peopleweren’t listening closely enough andI would get this look like, “God, Jen,that really isn’t relevant to thediscussion…”). I was wondering if Isomehow short-changed myself in lawschool. Did I miss out on the gist ofthings because I never mustered upthe fortitude to join up with the lawreview when I had the chance? Did Imiss the point because I wasn’t up atthe crack of dawn every morning tostudy? Or maybe I studied too much?Maybe I should have partied more?(This however, is doubtful. I’ll betthat in the time I spent partying Icould have built myself a house tolive in to replace the small duplex inthe ghetto I now call home.)

Welcome to law school. Please, foryour own good, take some time tolower your expectations. You will notnecessarily graduate a changedperson. If, when you graduate, youcan look yourself up and down in themirror and say that you havechanged, I would say that’s a shame.No matter what changed. I would saythat you have probably lost some-thing very important during thecatharsis. To quote a speech I heard(in relevant part) at the 2001commencement, “Where’s yourhumanity?”

If you look at the people, through-out history, who have beenenormously successful, noteworthy orinfamous, you’ll quickly notice thatthey all did something a little bitdifferent from the others.

It was only by freeing his mindfrom the constraints of science thatNewton was able to receive theprophetic apple on the prophetichead. It was enough, Newton prof-fered, to stand steadfast andconfidently on the shoulders ofgiants; you needn’t impersonatethem, physically, mentally, psycho-logically, emotionally or personally.

It was through introspection andfaith in unpopular principle that Dr.King came to realize his dream was adream worth talking about - worthsharing. The speech was not entitled,“Our Dream,” “His Dream,” “WhiteGuy Dream,” “A Dream That Lots OfPeople Have Told Me About,” or “TheDream Passed Down From GenerationTo Generation.” Martin Luther King,Jr.’s speech was entitled “I Have ADream,” and it is known as a speechthat can claim some credit for chang-ing the course of U.S. history as weknow it.

If capitalism appeals to you more

than science and politics, don’t forgetthat Napster and Windows were notprecedent (at least not in thelegal/doctrinal/jurisprudential sensenow all too familiar to copyright-happy software developers). Napsterand Windows were ideas espousedfrom the minds of crazy idealists.

I’m a little defensive about the factthat I haven’t changed. People treatme like I’m naîve. Like I’m immature,or silly. People look at me as if Ihaven’t fully ripened intellectually.People treat me like an idealist, andact as though idealism is a pejorativeterm.

I’ve asked myself more than oncewhether I should change, or whetherI should change the place. Time aftertime, I’ve opted for an attempt tochange the place. And let me tellyou, it’s been a royal pain. There’snothing fun about being differentwhen different is bad. And there’snothing fun about changing a placewhen its full of people who haveopted to change themselves to bemore like the place you’re trying tochange. While you run aboutproclaiming at the top of your lungsthe merit of original ideas, of beingyourself despite seemingly insur-mountable obstacles to your successat you-ness, the value of intellectualrevolution, the generational payoff ofindividuality, others seek to sink you,to take all of your accomplishmentsoff of the table, to discredit anddefame you, to make your self-ness,your you-ness a little less consequen-tial of your deliberate attempt to bejust that. And for a moment youquestion your resilience as an indi-vidual. You ask yourself if it would beeasier to just be like the place.

Think of Wonderbread. (There was a60’s Wonderbread commercial with asmiley Wonderbread cartoon charac-ter. He seemed playful and silly andhappy.) You’re a Wonderbread.Probably getting enough exercise.More than likely getting 3 squares.A nice place in the suburbs, maybewith a pool. 2-car garage. Nice greenlawn. Wife or husband. Requisitetrendy stuff in the garage andkitchen closet. You shop at all theright stores and go to all the rightparties. You have all the rightfriends. Kids go to the private schoolover on the hill (costs an arm and aleg but it’s worth it). Dog getsgroomed professionally every monthand his toenails clipped to avoid thatclicking sound on the highly shinedand varnished Italian marble floor.Every year beforeChristmas/Hanukkah/ Kwanzaa thekids get the newest, greatest, mostuseless but correspondingly expen-sive “thing.”

Every day, you wake up and go intothe office to do something that youdon’t care about, so someone else cando something that you don’t careabout, so at the end of the monthyou’ll get your healthy paycheck andgo on with your life. The in-lawscome to visit once a year and remarkupon your success. How wonderful tobe a Wonderbread?

And how comfortable? Nobody cancriticize you, because if they criticizeyou, they criticize themselves, which

would be hypocritical. Nobody canjudge you, because that would meanthey’d have to judge themselves asharshly. You will, as Spock predicts“live well and prosper,” until thedemons of difference lay waste to thedemons of indifference”. Rest assured,nobody will knock on your door andask you, like Rudy in The Rainmaker,“Do you even remember when youfirst sold out?” because they don’tlive in your neighborhood.

The only thing that will happen(and trust me, it will happen eventu-ally) is that your brain will start toitch”. You might muster up thecourage to quit your 100-hour-a-weekjob at the corporate legal defenseinitiative long enough to write anovel about your experience. Butnobody will buy it. And you’ll goback to work for “the man” for lackof a better alternative. And you’ll dieknowing that there’s something outthere that you really missed out on.

If you can’t see it, or you think I’moff base - if you think that changingfor “the profession of law” is not somuch of a sacrifice - ask yourself ifyou have changed? Have youchanged? Will you change? Shouldyou change? Or should you changethe place that makes you feel likeyou ought to change?

My favorite poem was written byScottish poet, Robert Herrick. You’llrecognize it when you see it. It’sentitled, To The Virgins, To Make MuchOf Time. It exemplifies my point (or Iexemplify its point) in prose that isso near to my heart I wonder if itdoesn’t make it’s way into my life inan ordinary way…

Gather ye Rosebuds while ye may,Old Time is Still a-flying;

And this same flower that smilestoday, Tomorrow will be dying.

The glorious lamp of heaven, thesun, the higher he’s a-getting.

The sooner will his race be run, andnearer he’s to setting.

The age is best which is the first,When youth and blood are warmer.

But being spent, the worse, andworst Times succeed the former.

Then be not coy, but use your time.And while you may, go marry;

For having lost but once your prime,you may forever tarry.

Make much of time now. Lookaround you now. Take a mentalpicture of yourself today. Who areyou? What do you believe in? Wheredo you stand? Where did you comefrom? What do you want to do whenyou grow up? How do you want to beremembered? Legal education issupposed to be a process. Don’t let itproceed over you like a steamroller.Keep your feet on the ground. Keepyour head on your shoulders. Payattention. And when mediocritysmacks you in the head, take a closerlook at where you’re standing.

To One-L’s: To Make Much of Time

Perspectives… Continued from page 12 StudentOrganizations

AILThe Association for International

Law (AIL) welcomes new and return-ing students for the 2001-2002academic year. AIL is a studentorganization committed to promotingawareness of international affairs,challenging students to think moreglobally, and educating studentsabout different legal systems andcustoms.

AIL wants to help build a networkin the public and private sector forstudents interested in internationallaw. AIL hopes to build local relation-ships with internationalorganizations, businesses, state agen-cies, and individuals who areinvolved in international activitiesand have international connections.AIL has an informal membership. AILmeetings and events are open to allinterested WMCL students. There areno membership requirements or fees.

During the 2000-2001 academicyear, AIL sponsored a few notableevents. AIL welcomed a representa-tive from the Mid-West Human RightsScholarship program. That organiza-tion awarded a summer human rightsscholarship to WMCL student KristiJohnson. AIL also sponsored a“Summer Study Abroad” program.AIL also welcomed Governor JesseVentura to WMCL to talk about theimportance of international trade toMinnesota. The governor sharedexperiences of his trade missions toJapan and Mexico. He also previewedhis missions to Canada and China.AIL offered the governor our servicesto assist on these missions. AIL alsosponsored a few informal meetingsand had a “holiday dinner” inJanuary. We welcome interestedstudents to join us this year and helpAIL achieve a memorable year. Formore information contact DanGilchrist (dgilchri@wmitchell.edu) orEric Gilbert (egilbert@wmitchell.edu).

ALSAThe Asian Law Students

Association (ALSA) is open to allstudents. So what is ALSA? First andforemost, ALSA is a peer group thatoffers friendship and support tofellow students during the gruelingand confusing times of law school.ALSA also organizes events forstudents to network with the Asianlegal community in Minnesota.Finally, ALSA is involved in manycampus activities. This past springALSA organized a panel discussionthat focused on immigration issuesfacing Asians in Minnesota. Thisevent brought together students fromthe William Mitchell and Hamline lawschools, members of the Asian legalcommunity, and community organi-zations that assist Asian nationals asthey adjust to their new lives inAmerica. A member of the ALSA alsoserves on the Dean’s DiversityAdvisory Council, a committee ofstudents, faculty and staff workingto foster diversity education andunderstanding on campus.

These are just a few highlights ofwhat ALSA is and does. To get thefull experience of ALSA you need toparticipate. ALSA welcomes you toWilliam Mitchell and hopes towelcome many of you as newmembers this year!Brook Mallak, ALSA President

More Student Organizations on page 14

Page 14 The Opinion • Fall 2001

BLSAThe Black Law Students

Association (BLSA), William MitchellChapter, is a member of the NationalBlack Law Students Association,created and designed to articulateand promote the professional needsand goals of Black law students. Withthe help of the national chapter andthe 208 affiliate members, BLSA’smission is to foster and encourageprofessional competence; to focus onthe relationship of African andAfrican-American attorneys and thoseentering the field; to instill in ourmembers a greater commitment tothe needs of our community; toutilize the members’ expertise toinitiate change within the legalsystem that will make it more respon-sive to the needs and concerns of theAfrican-American community; and todo any and all things necessary andlawful for the accomplishment ofthese goals.

Currently BLSA has an innovativegroup of progressive individuals dedi-cated to helping themselves and oneanother achieve their goals. BLSA isimportant to the African and African-American law student because itprovides a unique network of profes-sionals, students, and professorswithin the community and all overthe nation.

To promote the success of itsmembers, BLSA organizes studysessions, exam reviews, and legalwriting workshops led by prominentlegal professionals. BLSA also offerspeer mentors and counseling.

Because BLSA realizes that all workand no play makes for a dull lawstudent, we also schedule picnics,dinners, and other “study breaks” tobreak up the monotony of law school.

2001-02 promises to be anotherexciting year for BLSA. To keepupdated with scheduled events andother BLSA news please check ourwebsite at:http://wmclblsa.homestead.com/BLSA.htmlor contact Genhi Givings Bailey,President, at 651-222-2923 orgbailey@wmitchell.edu.

CLISAThe Chicano/Latino Law Student

Association (CLLSA) is an informalassociation that offers academicsupport for Chicano/Latino lawstudents at WMCL. CLLSA offersstudents the opportunity to meetwith other students of color at WMCL,as well as with various attorneys andjudges. Also, we attempt to respondto the needs and concerns of ourfirst-year law students. Overall, CLLSAencourages community involvementand offers academic support forfellow colleagues. CLLSA is open toall students. For more information,please contact Socorro Caballero atscaballe@wmitchell.edu.

JLSAWelcome new and returning

students! The Jewish Law StudentAssociation (JLSA) is a group of lawstudents who share a common inter-est in Judaism. Past activitiesinclude: a meeting with AlanDershowitz, brunch with other arealaw school Jewish Law StudentAssociations, and a dinner withspeaker Arthur Miller. As members ofthe JLSA, we also attend events spon-sored by the Cardozo Society of theTwin Cities (a group of local Jewishattorneys and judges). We are alwaysopen to new ideas and suggestionsfor programming. For more informa-tion, please contact Andre LaMere orKari Lapinsky.

Phi Delta PhiThe Court of Appeals of International

Legal Fraternity Phi Delta Phi has chosenKim Jung Ja Kantorowicz, Mitchell Inn,William Mitchell College of Law, St. Paul,Minnesota, as the winner of the 2001J. Will Pless International Graduate of theYear Competition. Kim will be invited toattend the 2001 Washington D.C. GeneralConvention as a guest of Phi Delta Phi andwill receive a three thousand dollar award.Congratulations Kim!Check out our homepage,http://www.phideltaphi.org to see why Kimwas named J. Will Pless InternationalGraduate of the Year.

SIPLAWhat is SIPLA you ask? I’ll give you a

hint. Think, patents, trademarks andcopyrights (you know, that thing that issupposed to keep people from photocopy-ing page after page from those booksinstead of buying them outright - admitit, we have all done it at least once!)SIPLA stands for the Student IntellectualProperty Law Association.

The purpose of SIPLA is to providestudents with a greater understandingof the technology and opportunitiesavailable in the rapidly expanding areasof copyright, patent, trademark, tradesecret, computer, and entertainment law.This shall be accomplished through,among other things, roundtable meetingswhich also give students an opportunityto meet with practicing attorneys andlearn more about these areas of thepractice.

What is a trade secret? And how dopatents, trademarks and copyrights relateto computers or blockbuster movies?Come find out for yourself! SIPLA is opento all currently enrolled students atWilliam Mitchell College of Law. The firstmeeting will be held in early September. Ifyou have any questions, though, please donot hesitate to contact one of the officersfor the 2001-2002 academic year.They are:Gretchen Pesek – President

Gretchen Randall – President Elect

Erin Nichols – Treasurer

Wendy Cusick – Secretary

We would welcome you into the organi-zation and there are even opportunities toget involved as we are looking for peopleinterested in being section representativesor committee chairs. Watch for more infor-mation in The Docket!

SBAWelcome to all incoming first year

students and welcome back to allreturning students!

Let me introduce myself, I amSuzette Kusnierek, the Chair of theStudent Bar Association for the2001-02 academic year. I am a third-year, full-time student, graduating inMay 2002. In addition to going toschool, I am also a mother and I workpart-time. Enough about me, the SBAis the student government at WMCL.Every student is a member of theSBA, and student fees paid by youfund the SBA. The SBA receives addi-tional income from food and vendingsales in Hachey Commons and theSBA used bookstore. The moneyreceived is used for many things suchas: the funding of student organiza-tions, the Students EncouragingStudents (SES) mentoring program,serving free pizza during finals andtwo semi-formal dances. We arehoping to plan some additional activ-ities this year.

The SBA currently consists of thir-teen members, called the Board ofGovernors. Four of those members areofficers. Each student has the oppor-tunity to become a member of theSBA. First-year students will elect onerepresentative from each section atthe beginning of the year. Shortlyafter school begins, an SBA represen-tative will come around to givefirst-year students more informationabout elections. All other representa-tive positions are filled in springelections. Students submit a petitionto get their names on the ballot.Once you are on the Board you mayrun for an officer position. Officersreceive a small stipend that is cred-ited to the student’s account. Irecommend that students thinkabout running for the SBA Board.Participating in SBA is a great way toget involved in student life at WMCL.

My goal this year is to continue tostrengthen relationships betweenprofessors and students and betweenthe SBA and students. The SBAwelcomes all students to attend ourmeetings. SBA meetings are usuallyheld on the third Saturday of themonth and you do not have to be onthe Board to attend. Please come andtell us about any concerns or ques-tions you have. If you can’t attend ameeting, but would like to have anissue addressed, you can either talkto your class representative or call meat home 763-425-7463 or email meskusnier@wmitchell.edu.

For first year students, the next fewmonths may be hectic and intimidat-ing; don’t worry, it will go by quickly.Remember to take the time for your-self and also remember your family -without them you would not bewhere you are. School is importantand demanding, but current relation-ships should not be forgotten. Thiswill be an exciting year! Enjoy it!

WLSAThe Women’s Law Student

Association (WLSA) is a network oflaw students working toward theadvancement, support, and develop-ment of women law students. WLSAoften hosts its own activities but alsoworks in conjunction with MinnesotaWomen Lawyers (MWL). MWL is theonly organized women’s bar associa-tion in the state of Minnesota and isthe sixth largest organization of itskind in the United States. MWLconsists of lawyers, judges, lawstudents, and law firms. MWL’s goalsare to support the professional andleadership development of womenlawyers, to advocate on behalf ofwomen lawyers within the legalprofession, and to support commu-nity action initiatives to enddiscrimination in the justice systemand promote equality of women insociety. A MWL student membershipfor one year is $25. Membership inWLSA is free. Students are encour-aged to be involved in MWL andWLSA as much as they wish. Bothwomen and men are welcome at allWLSA events.

Elections for selected officer posi-tions, including First-Year SectionRepresentatives, will be held in thefall of 2001. Each first-year sectionwill elect a representative who willwork with the current officers to planevents and who will keep her sectioninformed of upcoming WLSA events.Other WLSA activities for the 2000-2001 school year may include: theMWL student mentor program, apanel discussion by women lawyers invarious legal careers (co-hosted byMWL), an outlining workshop, a self-defense workshop, a pre-registrationinformation session and social, theMWL professional clothing drive,community service events and theMWL annual meeting.

Information about WLSA and MWLis available on the bulletin boardoutside of room 234, or by contactingco-presidents Susan Blodgett atsblodget@wmitchell.edu or Keely Zwartat kzwart@wmitchell.edu. WLSA eventsare announced in The Docket.

The OpinionThe Opinion is currently seeking

editors and staff. If you are inter-ested in being part of The Opinion,please contact Jennifer Henderson atJHenders@wmitchell.edu, or JenniferMacaulay at Jenmacaulay@qwest.net.

Student Organizations…continued from page 13

More Student Organizations on page 15

Page 15The Opinion • Fall 2001

Welcome to William Mitchell, firstyear students & Welcome Back allreturning students! The CareerServices staff is excited for the 2001-2002 school year and look forward toworking with you.

First year students: We want to getsettled into law school before weoverwhelm you with career-relatedinformation. Therefore, we will nothave any programming for first yearstudents until after November 1st.Keep you ears and eyes open for moreinformation about our kick-off event,“From Here To Attorney” which isscheduled for November 3, 2001. Youwill also receive a tour of our officeand explanation of our servicesduring one of your WRAP classes.Before then, you are more thanwelcome to attend the Dean’s RoundTable events that will begin October3rd. During these 1-hour events,distinguished alumni/ae will speakabout their experience at WMCL &how they have applied their degree.Seating is limited, so sign up foreach of these events in the CareerServices Annex.

Returning students: As you know,the fall OCI process is already under-way. If you haven’t attended one ofthe OCI+ Prep sessions, there are 3occurring during the first week of

school. Now is the time to get yourrésumé reviewed and register for OCI.The deadline to upload your résuméto OCI+ and bid for employers isFriday, August 31st at 12 noon.Included with this column is a calen-dar of events for the fall semesterwhich includes all of the importantOCI dates. Please stop by our officeif you have any questions. We areexcited for a successful fall recruit-ment season.

We will leave you with 11 Reasonsto “Love Your Career Services Office”from Kimm Walton’s Guerilla Tacticsfor Getting the Legal Job of YourDreams.

Often overlooked as a resource,your Career Services Office can helpyou in every aspect of the job search,including:

1. Helping you decide whatkind of job you want.

2. Helping you formulate (andreview) all of your writtenmaterials, like your resumeand cover letters.

3. Putting you in touch withalumni and practitioners whocan help you.

4. Matching you up withan alumni mentor.

5. Providing a library of resources,both in hard copy and on-line.

6. Giving you the insidescoop on employers.

7. Maintaining job listings.

8. Giving you workshops andseminars on every aspectof the job search process.

9. Teaching you interviewing skillsthrough mock interviews.

10. Making job listings availableeven if you go to anotherschool.

11. Providing a shoulder to cry on.

Career Services Calendar of EventsMonth Date Title Time Place

August8/22 OCI+ Training 12:00 – 1:00 Oppenheimer8/23 OCI+ Training 3:30 – 4:30 Oppenheimer8/25 OCI Prep Program 9:00 – 12:00 Oppenheimer8/25 OCI+ Training 12:30 – 1:30 Oppenheimer8/28 Meet the Employers 5:30 – 7:00 Kelley Boardroom8/29 Meet the Employers 5:30 – 7:00 Kelley Boardroom8/31 Deadline to Submit Bids: 12:00 Noon Career Services Office

OCI Forms & Bids Forms: 6:30 pm

September9/4 Sign up for OCI 8:30 – 7:30 Career Services

Mock InterviewsBegins

9/10 OCI Mock Interviews 5:30 – 7:30 Rooms TBA9/11 OCI Mock Interviews 5:30 – 7:30 Rooms TBA9/18 OCI Interviews Begin! Rooms TBA9/22 MN Minority Conference Faegre & Benson

October10/3 Dean’s Round Table #1 5:30 p.m. Kelley Boardroom10/4 OCI Callback Program 5:30 p.m. Room TBA10/12 Dean’s Round Table #2 7:45 a.m. Kelley Boardroom

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 Boardroom11/28 Dean’s Round Table #5 5:30 p.m. Kelley Boardroom

The William Mitchell Law Reviewis the school’s academic journal. Wepublish four issues each year. Theissues consist of articles from schol-ars, practitioners, and law students.Each issue focuses on a particulartopic. The first issue will be devotedto public interest law. The topics ofarticles include landlord-tenantdisputes, immigration law, the deathpenalty, and numerous other accessto justice concerns. The second issuewill be devoted to family law.Professors from around the countryhave contributed articles comparingMinnesota’s family law system toother states and countries. Theauthors of the articles will appear oncampus in May for a symposium. Thesymposium will be web-cast onWestlaw. The third issue will bedevoted to intellectual property law.All of the tenured intellectual prop-erty professors have contributedarticles ranging from cyber law tointernational trademark law. Finally,our last issue will be devoted to busi-ness law. Practitioners from some ofthe top business law firms in thestate have submitted articles. Thetopics include an analysis of recent

antitrust cases, a review of taxconsiderations when corporationsmerge, and an analysis of a majorityshareholder’s ability to block amerger that has been approved bythe board of directors.

In addition to publishing the jour-nal, the law review will be postingmany articles on our web site. Thefirst articles to appear on the site willfocus on women in the law. Theauthors include retired MinnesotaSupreme Court Justices Rosalie Wahland Esther Tomjanovitch, and currentMinnesota Supreme Court JusticeJoan Lancaster. To visit our site, justgo to:http://www.wmitchell.edu/current/nonaca-demic/student_orgs/lawreview/index.html.All in all, we hope to have a wonder-ful year. And we guarantee onething: lots and lots of footnotes! Ifyou’re interested, Subscription pricesfor one year of the law review are $27for students and $35 for all othersubscribers. If you would like tosubscribe, please send a check to:

William Mitchell Law Review,875 Summit Avenue, SaintPaul, Minnesota, 55105.

Student Organizations…continued from page 14

CAREER COLUMN

Judicial Clerkship

Month &

1L Career

Services Tours

First year students: We wantyou to get settled into lawschool before we overwhelmyou with career-relatedinformation.

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

Law ReviewPublishing

Great for class prep, examprep, and as a quick reference.Our guides provide brief butrigorous topic reviews that conveykey concepts with minimal legalese.

Helping thousands of law students andpractitioners to better understand the law.

Administrative Contracts & Sales

Bankruptcy

Civil Procedure

Commercial Paper

Constitutional Law

Copyright

Corporations

Criminal Law

Criminal Procedure

Environmental

Estate & Gift Tax

Evidence

Family Law

Federal Income Tax

Professional Responsibility

Property

Secured Transactions

Torts

Trademarks

Wills, Trusts, & Estates

…and coming soon to a lawbookstore near you:

Communications

Available Titles