School of Law
The Advisor April 19
Do you know how to spell…..?
So... you think you know how to spell
caterpillar and cemetery, huh?
Well… so did several spelling bee contest-
ants who were eliminated on their first at-
tempt at their first word. Their names will go
unmentioned, but they know who they are.
And so do the 40 something students faculty
and staff who were at the Women’s Law Asso-
ciation Annual Spelling Bee held on Thursday,
April 15th, at Fred’s in Old Town.
Professors Julie Greenberg and Thom Golden
were once again, the always professional, bee
1L Elizabeth Knowles went home as this
year’s spelling bee champion. Last year’s
champion, Andrea Monk, gave Elizabeth a real
run for her money coming in at first runner-up,
while Professor Julie Cromer-Young was sec-
All of the photos taken at Thursday night’s
spelling bee can be found on the TJSL Facebook
page! Become a fan!
Andrea Monk and Elizabeth Knowles
Sexually Violent Predators
By Jeremy Evans, 2L
The Criminal Law Society of Thomas Jefferson School
of Law (TJSL) held a panel discussion on Sexually Vio-
lent Predators (SVP) and related topics on Friday,
April 16. More than 40 TJSL students filled the
room as panelists Dr. Nikole Nassen, Professor Corey
Yung of John Marshall School of Law, Deputy Public
Professor Corey Yung
Defender Marian Gaston, and Deputy District Attor-
ney Rachel Cano provided the audience with their ex-
pertise on the law, clients, experiences, and words of
wisdom while in practice as attorneys. TJSL Profes-
sor Anders Kaye was the moderator for the panel and
helped tremendously with the organization of it.
The first question asked was "What are SVPs?" Dep-
uty District Attorney Rachel Cano responded that
SVPs are a distinct class of people: usually having
committed sexually violent crimes against more than
one victim, and having a mental disorder and a prior
prison term. When, if at all, SVPs are released they go
Deputy District Attorney Rachel Cano
before a panel of doctors and they decide if the indi-
vidual has been rehabilitated. If not, the SVP is civilly
committed to a mental institution. Dr. Nassen re-
sponded that SVPs count for less than 1% of criminal
offenders (10 in California). Professor Yung added
that there is a definitional problem for SVPs and that
overall existing and new legislation for sexual offend-
ers does not define the crimes clearly.
The panelists were then asked, "Why do sexual offend-
ers commit such crimes?" Dr. Nassen provided sev-
eral reasons: deviant sexual interests, anger towards
Dr. Nikole Nassen women, poor social skills, substance abuse, and the
various combinations of such behavior. Dr. Nassen
also discussed the pairing of pleasurable behavior
with criminal acts or "bad" thoughts.
The panelists discussed other topics from sentenc-
ing, existing legislation like the Adam Walsh Act and
Jessica's Law, to proposed legislation like Chelsea's
Deputy Public Defender Marian Gaston
Tasty Taco Tuesday!
By Lydia Rose, 3L
The Family Law Society has made a conscien-
tious effort to host events throughout the
school year aimed at providing a professional
yet relaxed setting in which students can
intermingle with legal professionals to
strengthen their networking skills. Last se-
mester, FLS successfully hosted the Speed
Networking Event with the help of several or-
On April 13, the San Diego tradition of “Taco
Tuesday” was brought to TJSL's campus from
6:30-8:30 p.m. During this time, students
and attorneys joined in a casual, yet profes-
sional setting that allowed students to en-
gage with attorneys over a traditional Taco
There was music, food, drinks, ice breaker
games, and tips on successful networking
given by eight local attorneys. The Family Law
Society looks forward to more promising
events next year. Please join the FLS TWEN
page to stay tuned!
Congratulations to the new executive board for the Sports Law Society!
President: Jessica Knowles
Vice President: Jeff Moriaty
Secretary: Ed Cheng
Treasurer: Parker Smith
Congratulations to the newly elected 2010-2011
Asian Pacific American Law Students Association Officers
President: Victor Tsoi
Vice President: Kimberly Bui
Treasure: Mei Owen
Secretary: Wade Tang
Diversity Chair: Alyssa Laib
Social Chair: Howard Marsilio
Congratulations to the 2010-2011 Informer Newsletter Staff
Editor-in-Chief: Katie Tooma
Managing Editor: Jonathan Cooper
Staff Editors: Chase Buzzell (writer), Scott Greenwood (writer)
Advertising Director: Lyla Askejian
Senior Staff Writers: Jenni Leys (Contributing Editor), Ian Van Leer (Contributing Editor),
Jennifer Goldman, Danielle Mor, Brandi Haefs, Courtney Darnell, Shelby Alberts, Amanda Litt
Design Director: Samantha Massau (Editor and Writer)
Staff Writers: Christine Chau, John Grant McCreary, Hunter Bjorkman, Trisha Bryniczka,
Sarah Stewart-Bussey, John Culver, Allyson Evans, Daniel Hall, Nikolas Antovich, Elizabeth Maughan,
Brian Nam, Sahzad Banth
Objections: Sterling Williams
2L Manifesto: Albie Masland
1L Manifesto: TBD (After Fall 2010 Orientation)
THE CC Writer: Martin Stratte
SBA Sports Writer: Zenovia Barnes
Congratulations to the TJSL Student Bar Association's New 2010-2011 Officers
President: Jeremy M. Evans, Vice-President: Katie Tooma, Treasurer: Nancy Astifo, Secretary: Marty
Stratte, Athletic Chair: Raj Matani, Assistant to the Athletic Chair: Brian Hassing, Social Chair:
Continuing 1L Class Representatives:
Part-time 1L Class Representative: Neda Shoushtari
3L Class Representative: Andre Zakari
2L Class Representatives:
Michael Hawkins (Part-Time)
ABA: Jennifer Poplin
SDCBA: Pejman Kharrazian
NCBA: Daniel Klett
Fundraising Chair: Vanessa Duisters
Judicial Chair: Vaughn Greenwalt
Student Organization Representative: Ian Van Leer
Parliamentarian: Cheri Aegertar
Academic Chair: Jonathan Cooper
Media Outreach/Web Design: William Sand
Public Relations Chair: Eric Shakelian
Alumni Relations Director: Elizabeth Ashton
Alumni Committee Chairs: Aaron Gorman, Douglas Link, Steven Riley
Committee Members (Barrister’s, Social, & Academic):
Courtney Darnell – Committee Coordinator
Congratulations to Published J.D. Students!
Several Thomas Jefferson J.D. students were recently published based on work performed through the
International Tax and Financial Services LL.M. program. Please congratulate these students for their
efforts on the publications!
Foreign Tax and Trade Briefs (a LexisNexis publication)
Dan Passmore (3L): Switzerland, Italy, Netherlands, New Zealand
Crystel Galin (3L): Mexico, Cyprus, Spain, Japan, Singapore
Whitney Drechsler (3L): Hong Kong, Canada, Saudi Arabia
Ho Kon Yoo (3L): Denmark, France, Italy, Turkey, Costa Rica, Korea
Emily Cohen (1L): Cayman Islands, Israel, Bahamas, Bermuda
Anti Money Laundering and Terrorist Financing (will be published in the Summer)
Michael Santos (3L): Chile, Colombia, Costa Rica, Cuba, Honduras, Paraguay, Peru, Uruguay, Venezuela
Tax Treaties (a LexisNexis publication)
Summer Jobs Available!
The International Tax and Financial Services LLM Department is hiring Federal Work Study students
for work on publications. The work would entail researching and editing a range of publications pub-
lished on Westlaw, Lexis, and Walters Kluwer publications (to name a few!). The subjects to work on
may include: taxation, money laundering, e-commerce, company law, or trust law.
Those chosen for the positions will learn new research skills; and, depending on the quality of work
submitted, may be published! All training will be provided. The hours are flexible, and you are even
able to work from home once trained! We have something for everyone at all levels, no tax classes
necessary (though preferred).
If you are interested in this position, send a resume to TJSL Alum Jason Fiske, Esq., LL.M. ('08) at
Student Meets Magic Johnson During Diversity Week at NBC Universal
3L Jakgeem Mays recently had the great opportunity to participate in NBC
Universal's first ever “Diversity and Inclusion Week” during the week of March
15th. As an extern this semester at NBC Universal, Mays was present for a "town
hall" meeting that week featuring: Jeff Zucker, President and CEO of NBC Univer-
sal; Paula Madison, Executive Vice President of Diversity at NBC Universal; and
Earvin "Magic" Johnson, former Los Angeles Lakers point guard and three-time
According to Mays, “Magic spoke at length about the importance of reaching out
to your target audience, and having diverse employees in positions of power to
reach out to these audiences. I worked the event, and got to meet and talk to him afterward.”
The externship at NBC Universal is one of several entertainment industry-related externships that Mays
has enjoyed while a student at TJSL. How does he do it? Visit http://www.tjsl.edu/mays_nbc to find out.
Easter Fun Day Success!
The Christian Legal Society sponsored event April 3, had good
food, pin the tail on the bunny, musical chairs, face painting, and
a scavenger hunt with prizes.
Students, faculty & staff and members of the community
brought their children to this fun filled event that served as a
great opportunity to get the word out about The Christian Le-
gal Society's Bible Studies and activities.
The festivities allowed the CLS to reach out to the commu-
nity with a family-friendly event which brought those in atten-
dance together right before celebrating Easter!
Dean Jeff Joseph’s Perspective piece on mediation practices
ran in the Friday 4/9 edition of the Los Angeles Daily Journal.
APRIL 9, 2010 | PERSPECTIVE
In Defense of an Evaluative Component
By Jeffrey Joseph
Mediation has become big business. Articles about mediation written by mediators appear in legal news-
papers on almost a weekly basis. A recurring theme stresses the need for a mediator to be "facilitative"
so that the parties arrive at their own settlement. This is appropriate since the essence of mediation is
self-determination of the parties in resolving their dispute.
However, the advocacy of a purely facilitative approach has taken on a near religious fervor, with some
asserting that any "evaluative" component of mediation, other than explaining settlement options, will
result in the mediator not being impartial. I respectfully disagree with this position and suggest that an
evaluative component to mediation is not only useful, but, in many cases, essential to resolving disputes.
In cases in which parties have an ongoing relationship, e.g. family disputes, neighbor disputes and some
business disputes, a "facilitative only" approach is often the best way to achieve long-lasting peace.
However, in litigated cases involving money where the parties may never see each other again, an evalua-
tive component can help the parties assess their risks at trial if they don't resolve their dispute. All of
litigation involves risk management. As an example, from a plaintiff's perspective, no settlement offer by a
defendant can be evaluated properly without considering the range of value of a case minus the probabil-
ity of losing, minus the costs in going to trial (not all of which will necessarily be reimbursed e.g. expert
fees). I refer to this as the Calculus of Risk Management, borrowing from Judge Learned Hand's "Calculus
When dealing with experienced lawyers and adjusters in personal injury cases, I am continuously amazed
at how close they are in assessing the probable "value" range of a case (sometimes referred to as the
value of the case "soaking wet"). Principal components are the injury itself, amount of special damages
and the residual effects of the injury. Another principal component of this evaluation is the credibility and
the likeability of the plaintiff. The great plaintiff's attorney, Mark Robinson Sr., once told me, "The most
important thing about a plaintiff's case is the plaintiff." Similarly, if a defendant is particularly culpable and/
or unlikable, that may affect the probable verdict range. The converse is true, of course.
The probability of winning or losing is somewhat more difficult to determine because juries are unpre-
dictable. But those who say trial is a "crapshoot" are overstating the matter. We can make educated
predictions on what juries will do, or at least be thinking about, on the basis of our collective experience.
For example, a low impact auto accident with little visible property damage is likely to result in a low
verdict. We know this from countless trials of these cases. Any plaintiff's attorney must take this into
account and they do. Statistically, a high percentage of all slip-and-fall and trip-and-fall cases going to trial
result in a defense verdict. Again, experienced attorneys must take this into account and they do.
An experienced mediator can help both sides assess these risks and enlighten lay people, most of whom
have never been in a courtroom and have no way of evaluating their case. It just doesn't follow that helping
people assess the merits of the case destroys neutrality. The mediator has no "ax to grind" for either party.
The mediator is simply assisting the parties in managing risk based on his/her experience in trying and re-
solving lawsuits. I sometimes tell lay people that settlement discussions can resemble the television show,
"Deal or No Deal." Everyone has seen a contestant defiantly slam the box down shouting, "No Deal" simply
to go bust when the next case opens. Trials can be like that.
I agree that an overly evaluative or "directive" approach is not only antithetical to mediation but not
particularly useful. Telling people what to do is unwise for two reasons. First, no one can predict what will
happen in trial with 100 percent accuracy. Every experienced trial lawyer has won cases that should have
been lost and lost cases that should have been won. Second, it's not the mediator's case or their money.
For these reasons, I always stress to the parties that it is their case and their decision. Like a "second opin-
ion" from a doctor, I merely attempt to assist them in their own risk assessment, should they seek this kind
Despite the plethora of articles exulting the "facilitative only" approach in every case, many experienced
mediators employ some form of the style I have outlined. I have heard and resolved hundreds of cases and
continue to do so. If a mediator is resolving cases, the mediator is being successful. One size doesn't fit all
and one mediation style doesn't fit all cases.
Jeffrey Joseph is Associate Dean and General Counsel at Thomas Jefferson School of Law in San Diego. He has served on the
San Diego Superior Court Mediation panel since 1994 and the Arbitration panel since 1983. He has extensive experience as a
trial lawyer with Caltrans trying personal injury, eminent domain, contract, employment and environmental cases and ran the
San Diego Caltrans Legal Office for numerous years. His opinions are solely his own. He may be reached at email@example.com.
San Diego's Original Fine Art Festival returns to Little Italy on April 24 &
25 from 11 a.m. - 6 p.m., bringing more than 300 visual artists from all
over the US and Mexico to show and sell their work. You will find the 26th
Annual Mission Federal ArtWalk a feast for both the eyes and the ears,
with 37 music and dance performances at 6 performance stage areas.
TJSL is a sponsor and will have a booth there both days providing information on our “Lawyers for the
Arts” Program and our Transactional Clinic which will open in our new Downtown campus!
The festival's popular KidsWalk area offers 17 different interactive art experiences from a drum circle, to
drawing and painting, to a circus school. KidsWalk takes place at the east end of Date Street near Union.
Come to Little Italy and spend the weekend surrounded by art of all kinds. Admission is free! Plan to dine
in this hip historic neighborhood and enjoy all that Little Italy's annual rite of Spring has to offer.
Parking is available at numerous lots throughout the area, see a map of the available lots here. Or, take
the MTS Trolley for a hassle-free transportation. The blue line's "County Center/Little Italy" goes right to
the heart of the venue.
For information, please visit www.missionfederalartwalk.orgor call (619) 615-1090.
The Environmental Law Society Presents:
Monday, April 19, 7:30 – 9 p.m.
MOVIE NIGHT: FOOD INC.
Location: CYB 100
The U.S. food supply is now controlled by a few corporations that put profit
ahead of health, work safety, the American farmer, and our own environment.
*Appetizers and Beverages will be Served*
Tuesday April 20, 10 a.m.-4 p.m.
The ENVIRONMENTAL LAW SOCIETY & LAW STUDENTS FOR REPRODUCTIVE JUSTICE
are Sponsoring a CONDOM and INFORMATION Tabling Event in the COURTYARD.
EXERCISE your FUNDAMENTAL RIGHT and LEARN WHY HUMAN EXCESSIVE PROCREATION THREATENS
Wednesday April 21, 11 – 12:45 p.m.
ENVIRONMENTAL LAW PANEL: THE FUTURE OF LAND USE IN SAN DIEGO
Location: CYB 200
Marco Gonzalez (Coast Law Group LLP)
Pamela Epstein (Sierra Club Att. & Intern Coordinator)
Wayne Rosenbaum (Partner at Foley & Lardner LLP & Professor of Law TJSL)
(Potential Speaker) Devon Muto (SD County Project Manager)
Saturday April 24, 11 a.m.
11th ANNUAL TJSL STUDENT/ALUMNI BEACH CLEAN-UP
Beach Clean-Up in Ocean Beach followed by a Networking Mixer with
Students, Alumni, Professors and Friends. EVENT INCLUDES: free
limited edition T-Shirt, and admission to a Networking Event held at
a house on Sunset Cliffs (Overlooks the Ocean) where Food, an Assort-
ment of Beverages, and a Jacuzzi awaits you.
*Email: Environmental@tjsl.edu or Reedmp@tjsl.edu for more information*
April 21, 11 a.m. - 12:45 p.m.
ELS Panel on the Effects of the San Diego Board of Supervisor’s General Plan Update
Location: CYB 200
The Environmental Law Society is hosting a panel regarding the San Diego County's Board of
Supervisor's General Plan Update. The panel will consist of four members of the San Diego legal, legislative
and academic community who will share their views on the San Diego County's Board of Supervisor's
General Plan Update. The panelists will discuss what the General Plan Update is as well as the impact
the recent update will have on San Diego residents and the surrounding environment. Each panelist will be
allotted fifteen minutes to put forward their comments and there will be time for questions from the audi-
ence at the end. Members of this panel include Marco Gonzalez, Pamela Epstein, and Professor Wayne
Marco Gonzalez is a cofounder of the Coast Law Group, LLP as well as a prominent environmental-
ist in San Diego County. Previously, Mr. Gonzalez has worked with San Diego Baykeeper and was the Chair-
man and Legal Counsel for the San Diego Chapter of the Surfrider Foundation.
Pamela Epstein is an attorney working with the Sierra Club. She is also the intern coordinator for
the San Diego area.
Professor Wayne Rosenbaum is a partner at Foley & Lardner, LLP as well as a professor of law at
TJSL, specializing in Water Law and Land Use Planning.
Professor Kass has kindly offered to moderate the discussion. Professor Kass is the faculty
advisor for the Thomas Jefferson Environmental Law Society and on the Editorial Board of NATURAL
RESOURCES & ENVIRONMENT, the ABA environmental law journal. She has also served as a Vice-Chair
of the Endangered Species Committee of the ABA Section of Environment, Energy, and Natural
Lunch will be served so come by, grab some food and meet talk with members of the San Diego
environmental law community.
For more information on the San Diego County’s Board of Supervisor’s General Plan Update:
April 21, 4 p.m. – 6 p.m.
Phi Alpha Delta Presents: Vincent Bartolotta, A Presentation on Closing
Argument Tips and Techniques
Location: LLB 300
Vincent Bartolotta is one of San Diego's finest trial attorneys. In this brief presenta-
tion, Mr. Bartolotta will talk about different tips and techniques used in closing argu-
ments through his experiences as a trial attorney for the past 30 years. For anyone
interested in Trial Advocacy, this is a must attend. Any questions or concerns please
contact Brett Goda at firstname.lastname@example.org.
Wednesday, April 23, 10-11 a.m.
Native American Law Students Association General Meeting
Location: CYB Conference Room
All students are welcome to attend.
Friday, April 23, 7 p.m.
The last day for the "Sick of the Homeless? So are They!" Clothing drive. All clothing is welcome, but
business attire is preferred. Clothing bins are located in the student lounge.
Friday, April 23, 3:30 - 5 p.m.
RSVP by Thursday, April 22
TJSL's American Constitution Society Presents a Panel Discussion: The Recent Supreme Court Deci-
sion in Citizens United v. Federal Election Commission, regarding the deregulation of corporate spend-
ing in Federal elections.
Location: LLB 300
Professor Bryan Wildenthal, Thomas Jefferson School of Law
LIST OF PANELISTS:
Pamela Wilson, Attorney at Wertz McDade Wallace Moot & Brower; David Blair-Loy, Legal Director
of the ACLU of San Diego & Imperial Counties; Gil Cabrera, Attorney & former chair of the San Diego
The discussion will include; a general overview of campaign finance rules and reform; an analysis of
the Court’s rationale in this case; practical implications and potential effects of the decision on
future elections; and any proposed responses to this decision including any possible legislative or
executive reactions. The discussion will be closed with an audience Q & A session. To RSVP or for
more information, please contact Jason Kaplan at email@example.com or Hannah Bingham at
Hannah.Bingham@gmail.com by April 22nd. Food and drinks will be provided.
April 27, 10 a.m.- Noon
Jewish Student Union Meeting & Elections
Location: CYB Conference Room
Next years events will be discussed as well as voting for the Fall 2010 - Spring 2011 executive
board positions. Bagels & refreshments will be provided! Please contact Hallie Tremaine at
firstname.lastname@example.org you have any questions.
This Week’s Specials
Hours of Operation:
Monday-Thursday 7:30 a.m. – 7 p.m.
Friday 7:30 a.m. – 4 p.m.
Daily soups - Spicy Chicken Tortilla & Vegetarian Black Bean
Soup of the Week - Corn & Bacon Chowder
SBA Special /OUTLAW
Black Bean Enchiladas with chipotle sour cream, cotija cheese and Spanish rice $6.99
Monday: Roast Beef Pannini with caramelized onions and cheddar cheese served with French fries
Tuesday: Pesto Chicken Sandwich on ciabatta with roasted peppers, feta, lettuce & tomato served with
pasta salad $6.99
Wednesday: Bacon Cheeseburger served with French fries $6.99
Thursday: Cajun Jambalaya with Andouille sausage & chicken $6.99
Friday: Shrimp Cobb Salad with gorgonzola, bacon, egg, tomato avocado and ranch dressing $6.99
Week ending April 16, 2010
Upcoming Rethinking the Promotion of Safe Work for Vulnerable Workers in a Post-
Presentation: Recessionary Word, Health and Safety and Vulnerable Workers in a Changing
World of Work, Middlesex University School of Business, London, United Kingdom,
June 8, 2010
Presentation: Decent Work in a Post-Recessionary World: Reconceptualizing Flexibility, Employ-
ment Protection, and the Regulatory Tools Used to Achieve Those Goals, Rethinking
Corporate Governance: From Shareholder Value to Stakeholder Value, Marco Biagi
Foundation, University of Modena, Modena, Italy, March 19, 2010
Presentation: Learning From Troubled Times: Pursuing Equality Outside an Anti-Discrimination
Law Frame By Rethinking the Promotion of Safe Work During the Bush Administra-
tion, Annual Jack Pemberton Lecture on Workplace Justice, University of San Fran-
cisco School of Law, Keynote delivered at the James R. Browning Courthouse,
United States Court of Appeals for the Ninth Circuit, San Francisco, CA, March 4,
Radio: Retirement of and replacement for Justice Stevens, Uprising, KPFK, Los Angeles,
CA, April 13, 2010
Radio: Retirement of Justice Stevens, Thom Hartmann Show, National, April 12, 2010
Radio: Retirement of Justice Stevens; FebruaryKilling of Pregnant Women & Cover-Up by
US military in Khataba, Afghanistan; US Apache Helicopter Firing/Killing Civilians
in Iraq in 2007 (Wikileaks), TalkBack!, WBAI, New York, NY, April 12, 2010
Presentation: Rules of Disengagement: The Politics and Honor of Military Dissent, Environmental
Politics class, UCSD, La Jolla, April 12, 2010
Presentation: Torture and Accountability in the United States, American Constitution Society
University of Florida Law School, Gainesville, FL, April 9, 2010
April / May
Sun Mon Tue Wed Thu Fri Sat
18 19 20 21 22 23 24
6 p.m. 10 a.m.-4 p.m. In 1970 the
11 a.m. - 12:45
Asian Pacific The ENVIRON- First Earth 11 a.m.
7:30 – 9 p.m.
MENTAL LAW Day was 11th AN-
Student SOCIETY & LAW ELS Panel on the observed in the
MOVIE NIGHT: Effects of the NUAL TJSL
Association STUDENTS FOR U.S.
Celebrates their FOOD INC. REPRODUCTIVE San Diego Board STUDENT/
2009-2010 Location: CYB JUSTICE of Supervisor’s ALUMNI
year! are Sponsoring a General Plan Up- 11 a.m. & 3p.m. BEACH
100 & 6 pm. Presenta-
Location: China CONDOM and date Location: 10-11 a.m. CLEAN-UP
Max, 4698 INFORMATION tion by Hadas Native Ameri-
Convoy Street, Tabling Event in Livnat, Circulation can Law Stu-
San Diego, CA the COURT- Librarian"The dents Associa-
YARD. Conscious tion Meeting
Consumer: Health CYB Conference
and Ecological Room
Issues in Con-
25 26 27 28 29 30 May 01