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Lies_ Damn Lies_ and Statistics Law School Rankings

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Lies_ Damn Lies_ and Statistics Law School Rankings Powered By Docstoc
					   Vol. 86 No. 2                                                                                                                              July 8, 2011




                              Lies, Damn Lies, and Statistics: Law School Rankings
                                                                      Todd Leahy, Copy Editor

                                           	     In	 January,	 we	 learned	 that	   other	 benefits	 not	 allowed	 under	 NCAA	
                                           Villanova	 cheated.	 	 Last	 term,	 I	   rules.	 	 Finally,	 Auburn	 University	 is	 still	
                                           was	 assured	 of	 my	 choice	 of	 law	   under	 investigation	 regarding	 a	 pay-to-
                                           schools	by	being	reminded	that	I	        play	 scandal	 involving	 Heisman	 Trophy	
                                           had	chosen	to	come	to	the	second	        winner	 and	 number	 one	 NFL	 draft	 pick	
                                           best	 law	 school	 in	 the	 country.		   Cam	Newton.		These	programs	know	the	
                                           What	was	all	the	fuss,	the	furrowed	     NCAA’s	 rules	 and	 have	 hired	 numerous	
                                           brows,	 and	 the	 under-the-breath	      compliance	officers	to	ensure	rules	aren’t	
                                           whispering	 about?	 	 Law	 school	       violated.	 	 Yet	 violations	 occur,	 and	 no	
                                           rankings,	of	course.                     program	 is	 beyond	 suspicion.	 	 Why	 do	
                                           	     We	all	checked	them.		When	        these	 programs	 violate	 the	 rules?	 	 Plain	
                                           we	 decided	 to	 attend	 law	 school,	   and	 simple,	 there’s	 too	 much	 money	
we	 got	 online	 or	 bought	 the	 magazine—US News and World Report.	           	   at	 stake	 not	 to.	 	 Millions	 of	 dollars	 flow	 into	 winning	 programs	 and	
They	were	the	end-all,	be-all	of	rankings.		Many	of	us	may	have	sought	             winning	programs	beget	more	winning	which	begets	even	more	money.	              	
out	 their	 rankings	 when	 making	 our	 undergraduate	 decisions.	 	 But,	         In	college	recruiting	and	player	retention,	money	is	the	great	motivator.	      	
when	we	spent	time	online	or	shelled	out	our	hard-earned	money	for	                 Although	the	money	is	less	(thousands	rather	than	millions	at	any	one	
the	paper	copy,	did	we	know	that	schools	were	manipulating	the	system	              time)	 the	 law	 school	 “recruitment”	 process	 and	 its	 accompanying	
and	that	the	criteria	used	was	set	up	to	reward	traditional	powers?                 ranking	system	is	still	driven	by	the	desire	for	dollars.
	       The	battle	over	rankings	has	been	long,	and	the	commentators	               	        The	system	is	corrupt	and	the	law	schools	know	it.		US News	(in	
numerous.		In	2007,	Time	ran	an	article	entitled,	“The	College	Ranking	             that	same	Time	article)	even	admitted	that	it’s	possible	for	schools	to	
Revolt.”		In	the	piece,	Time	noted	that	US News	(who	has	been	ranking	              game	the	system.		The	lingering	question	then,	is	US News	is	so	flawed,	
schools	 since	 1983)	 bases	 25%	 of	 its	 ranking	 on	 a	 survey	 that	 asks	     is	what	can	be	offered	as	an	alternative?		Enter	Thomas	M.	Cooley	Law	
school	 administrators	 to	 assess	 their	 peers.	 	 The	 survey,	 therefore,	      School	and	the	Brennan	Ranking	System	known	as	“Judging	the	Law	
rewards	reputation.		Thus,	schools	like	Yale	and	Harvard	find	themselves	           Schools.”
satisfying	one-quarter	of	the	survey	simply	by	being	Yale	and	Harvard.	         	   	        Recognizing	the	inherent	biases	in	the	US News	rankings,	our	
Further,	the	US News	survey	places	heavy	emphasis	on	low	acceptance	                distinguished	 founder	 constructed	 his	 own	 ranking	 system.	 	 In	 this	
rates	and	high	scores	on	standardized	tests	like	the	LSAT,	SAT,	GRE,	               system,	less	attention	is	paid	to	reputation	and	other	difficult	to	measure	
and	others.		The	US News	formula	gives	little	attention	to	what	really	             statistics.		In	this	system,	all	measures	are	given	an	equal	weight,	2.5%	
matters:	the	education	students	get	once	they’re	on	campus.                         each.	 	 Thus,	 reputation	 is	 2.5%	 of	 the	 total	 as	 are	 LSAT,	 GPA,	 and	
	       The	US News	formula	has	led	to	rampant	cheating	among	law	                  employment	statistics.		In	an	effort	to	get	closer	to	an	objective	ranking	
schools.	 	 Villanova	 University	 recently	 admitted	 that	 they	 falsified	       system,	the	Brennan	System	collapsed	all	statistics,	but	is	not	without	
LSAT	and	GPA	data	reported	to	the	American	Bar	Association	to	try	to	               its	faults.
influence	their	ranking.		In	the	US News	formula,	the	LSAT	is	12.5%	                	        In	 the	 recent	 edition	 of	 “Judging	 the	 Law	 Schools”	 Harvard	
of	the	school’s	ranking	and	GPA	accounts	for	10%.		The	magazine	has	                comes	out	on	top	followed	by	our	very	own	Thomas	M.	Cooley	rather	
consistently	ranked	Villanova	between	a	high	of	60	and	a	low	of	67.		A	             than	the	traditional	powerhouses	found	atop	the	US News	rankings—
22.5%	change	in	their	ranking	could	vault	the	school	into	elite	status,	            although	Yale	makes	a	strong	showing	coming	in	fourth	place.		What	
and	once	elite	status	is	gained,	those	pesky	reputation	points	begin	to	            accounts	for	a	school	like	Cooley	moving	from	US News’	fourth	tier	
kick	in.		If	the	system	rewards	a	stacked	deck,	are	schools	really	wrong	           to	number	two	in	the	nation?		The	inputs,	of	course.		By	manipulating	
when	they	attempt	to	stack	the	deck	in	their	favor?                                 the	data	used,	a	different	result	is	found.		Like	the	Yale’s	of	the	world	
	       Certainly.	 	At	every	law	school	in	 those	rankings,	a	course	in	           benefitting	 from	 tradition	 in	 the	 US News	 rankings,	 in	 the	 Brennan	
professional	 ethics	 is	 being	 taught.	 	 The	 law	 is	 a	 profession	 policed	   System,	Cooley	benefits	by	its	sheer	size	and	number	of	students.
by	other	lawyers.		Perhaps	the	same	should	be	true	of	law	schools.		Is	             	        “Judging	 the	 Law	 Schools”	 is	 not	 without	 its	 detractors,	 and	
it	 possible	 for	 law	 schools	 to	 police	 themselves	 and	 keep	 a	 rankings	    among	 the	 most	 vocal	 are	 those	 who	 dismiss	 this	 system	 as	 Cooley	
system	honest?		In	fact,	the	American	Bar	Association	could	ensure	that	            crying	 sour	 grapes	 about	 its	 US News	 ranking.	 	 But	 such	 is	 not	 the	
schools	can’t	manipulate	LSAT	and/or	GPA	data.		Every	law	student	                  case.		As	anyone	who	has	even	a	passing	knowledge	of	statistics	will	
submits	their	undergraduate	transcript	to	the	Law	School	Admissions	                tell	you,	you	can’t	(no	matter	what	system	is	used)	capture	the	quality	
Council	 (LSAC),	 this	 same	 body	 knows	 exactly	 what	 we	 all	 received	        of	a	school	in	a	single	score—too	much	depends	on	what	you	choose	
on	 the	 LSAT.	 	 Why	 let	 schools	 report	 this	 data	 themselves	 when	 an	      to	emphasize.		There	is	nothing	wrong	with	the	Brennan	System,	it	is	
outside,	objective	party	already	knows	the	truth?                                   not	a	lesser	system	than	US News.		However,	even	a	quick	glance	at	
	       It’s	too	easy,	however,	just	to	blame	law	school	administrators.	       	   the	 inputs	 will	 demonstrate	 that	 both	 are	 open	 to	 the	 same	 types	 of	
In	fact,	there	is	plenty	of	blame	to	go	around.		Almost	all	schools	talk	           manipulation.
about	how	much	they	hate	the	rankings	systems	(check	out	the	websites	              	        In	      February	       2011,	
and	dig	deep	enough,	you	can	find	it),	but	students	and	employers	have	             bestselling	 author	 Malcolm	
come	to	rely	on	US News	to	measure	the	future.		If	students	are	going	              Gladwell	 entered	 into	 the	 law	
to	determine	where	to	apply	based	on	the	rankings,	then	the	schools	                school	ranking	debate.		Like	those	
are	 going	 to	 continue	 to	 manipulate	 their	 place	 in	 those	 rankings.	   	   who	 rail	 against	 the	 BCS	 system	
Thus,	it	has	become	common	practice	among	administrators	to	justify	                and	want	a	playoff,	Gladwell	seems	
unethical	behavior	for	the	good	of	the	school.                                      to	 believe	 that	 another	 rankings	
	       Perhaps	 the	 most	 fitting	 analogy	 for	 what’s	 happening	 with	         system	 will	 end	 the	 argument	
law	 school	 rankings	 is	 NCAA	 football.	 	 The	 University	 of	 Southern	        about	who	is	the	best.		
California	 has	 been	 stripped	 of	 its	 2004	 BCS	 Championship	 and	             	        In	 his	 article	 “The	 Order	
Reggie	Bush	has	been	asked	to	return	his	Heisman	Trophy.		The	school	               of	 Things,”	 Gladwell	 ranks	 US	
violated	numerous	NCAA	rules	on	player	eligibility.		They	will	lose	a	              law	 schools	 based	 on	 just	 three	
number	of	scholarships	and	miss	the	chance	to	play	in	a	bowl	game	                  criteria:	 (1)	 value	 for	 the	 dollar,	
for	the	next	few	years.		A	similar	story	broke	recently	involving	Ohio	
State	 football	 players	 trading	 memorabilia	 for	 tattoos	 and	 receiving	                       ...Continued on Page 2               Malcolm Gladwell
2                                                                                                                                                                             The Pillar,	July	8,	2011


                                                                                                                             ANN ARBOR
                                                                      ...Continued from Page 1
          THE PILLAR                                                  (2)	 LSAT	 scores,	 and	 (3)	 faculty	


                                                                                                                            CAMPUS NEWS
          Thomas M. Cooley                                            publishing.	 	 In	 his	 final	 analysis,	
            Law School                                                the	 top	 four	 law	 schools	 were:	
            300	S.	Capitol,	Room	307                                  University	 of	 Chicago,	 Brigham	
            Lansing,	Michigan	48901                                   Young	 University,	 Harvard,	 and	
               517.371.5140	ext.	4009                                 finally	our	old	friend	Yale.
                  pillar@cooley.edu
                                                                      	        Gladwell	 argued	 that	
                                                                                                                              A Square Sitting on a Rainbow	
                                                                                                                                              Tabitha Harnage, Staff Writer
                                                                      the	 rationale	 behind	 his	 article	
                                                                      was	 the	 inherent	 bias	 in	 the	 US                 Recently	The	Motor	City	hosted	its	annual	“Gay	Pride”	day	and	
              Editor-in-Chief                                         News	 rankings.	 	 “Rankings	 are	           parade.		Being	a	straight,	conservative	woman,	to	say	I	was	apprehensive	
                                                                      not	 benign.	 	 They	 enshrine	 very	        to	attend	is	putting	it	mildly.		I	am	from	a	small	country-ish	town	in	
            Gabrielle Johnson
                                                                      particular	ideologies,	and,	at	a	time	       south	Florida.		There	are	very	few	homosexuals	there;	I	say	few	because	
           johnsong@cooley.edu                                        when	American	higher	education	              I	have	known	only	one	from	my	home	town.		
                                                                      is	 facing	 a	 crisis	 of	 accessibility	             While	“Joey”	and	I	were	on	I-94,	I	found	myself	wondering	what	
                                                                      and	affordability,	we	have	adopted	          sights	I	would	be	seeing	upon	our	arrival.		Rainbow	flags,	colorful	attire,	
             Faculty Advisor                                          a	 de	 facto	 standard	 of	 college	         techno	 music,	 drag	 queens	 “	 dancin’	 ”	 in	 the	 street	 in	 their	 6	 inch	
             Emily Horvath                                            quality	that	is	uninterested	in	both	        stilettos?		I	really	had	no	idea	of	what	to	expect.		The	little	knowledge	
                                                                      of	those	factors,”	Gladwell	wrote.	      	   of	gay	culture	I	have	stems	from	reality	shows	on	Bravo,	the	occasional	
           horvathe@cooley.edu
                                                                      Gladwell	 makes	 an	 inarguable	             fabulous	gay	I	see	walking	the	street,	and	my	new	BFF	“Joey”.		I’m	not	
                                                                      point;	 rankings	 are	 most	 often	          sure	what	is	going	to	happen	at	this	event.		Will	I	be	shunned	because	
                                                                      biased	 by	 the	 person	 doing	              I’m	straight?		Does	it	matter	that	I	voted	for	McCain?		When	I	see	a	
            Advertising Manger
                                                                      the	 ranking.	 	 Thus,	 the	 school	         man	in	drag,	can	I	stare	or	do	I	pretend	it’s	normal?	Can	I	ask	them	
             Matthew Pickens                                          that	 comes	 out	 on	 top	 is	 nearly	       questions?		Various	thoughts	were	running	through	my	head	constantly.
                                                                      predetermined	 by	 the	 time	 some	                   We	 parked	 and	 began	 our	 stroll	 towards	 the	 pageantry.	 	 With	
                                                                      statistician	 begins	 math	 that	 law	       the	hot	and	muggy	weather,	“Joey’s”	rainbow	face	makeup	stood	out	
                   Copy Editor                                        students	will	treat	as	gospel.		But	         screaming	“Beauty	is	pain,	people!”		We	arrived	just	as	the	festivities	
                   Todd Leahy                                         it’s	 a	 math	 we	 don’t	 understand	        began.		Hundreds	lined	Jefferson	and	Woodward	desperately	searching	
                                                                      and	seldom	take	the	time	to	look	            for	the	gay	insignia.		Where	were	the	floats,	the	flags,	the	queers	and	
                                                                      inside	of	the	numbers.                       the	queens?			As	the	parade	began,	people	began	marching	with	their	
                 Design Layout                                        	        In	the	end,	what	is	all	the	        non-Roy	G	Biv	rainbow	flags	down	the	street	towards	the	festival.		Some	
                 ASAP Printing                                        fuss	 about	 in	 the	 rankings	 wars?	   	   were	chanting	“equality”	and	“gay	rights”	and	handing	out	candy	and	
                                                                      I	 believe	 that	 Mark	 Twain	 said	 it	     Lays	potato	chips	to	the	children,	while	a	few	queens	would	strut	their	
                                                                      best,	“There	are	three	types	of	lies:	       stuff	down	the	pavement	in	a	faux	fashion	show	for	the	crowd.		The	
                                                                      lies,	 damned	 lies,	 and	 statistics.”	     parade	was	smaller	than	“Joey”	and	I	expected,	although	it	was	quite	
                                                                      The	great	American	humorist	was	             marvelous.
                                                                      on	 to	 something.	 	 Whether	 it’s	                  Following	 the	 street	 show,	 we	 found	 ourselves	 donating	 $5	 to	
                                                                      the	 US News,	 “Judging	 the	 Law	           enter	 the	 festival	 area.	 	 There	 were	 booths	 throughout	 Hart	 Plaza;	
                                                                      Schools,”	 or	 Malcolm	 Gladwell,	           some	 were	 offering	 advice	 for	 the	 HIV	 infected	 and	 information	 on	
                                                                      there	 is	 no	 objectivity	 in	 the	         churches	 one	 could	 become	 involved	 in	 if	 gay,	 where	 others	 offered	
                                                                      rankings	 game	 and	 certainly	 no	          rainbow	paraphernalia	and	Red	Bull	+	vodka.		We	strolled	throughout	
                                                                      gospel.                                      the	festivities,	trying	not	to	get	too	sunburned.
                                                                      	        Like	 the	 Associated	 Press	                Finding	ourselves	near	the	amphitheater,	we	perched	ourselves	
                                                                      college	 football	 rankings,	 law	           down	 on	 a	 wall	 and	 bore	 witness	 to	 the	 commitment	 ceremonies	
                                                                      school	 rankings	 are	 open	 for	            that	 took	 place.	 	 Following	 the	 sentimental	 exchanging	 of	 vows	 the	
                                                                      interpretation	 and	 manipulation.	      	   presentation	made	a	180	degree	turn	to	debauchery	with	a	drag	show	
                                                                      In	 the	 law	 school	 game	 it’s	 a	         hosted	 by	 a	 spunky	 host	 who	 was	 colorful,	 to	 say	 the	 least.	 Their	
                                                                      Villanova	reporting	fake	scores,	in	         makeup	and	apparel	were	applied	and	tailored	to	perfection.		I	found	
                                                                      college	football	it’s	players	having	        myself	wondering,	do	they	offer	MAC	lessons?		I	could	probably	use	
                                                                      eight	 cars	 in	 a	 three	 year	 period	     a	little	more	color	as	my	mother	would	say.		I	was	feeling	a	little	hot,	
                                                                      (really,	 Terrell	 Pryor?	 Really?).	    	   maybe	due	to	catching	too	many	rays	so	I	took	a	break	in	a	dining	hall	
                                                                      When	 ranking	 are	 important,	              near	the	stage.		“Joey”	had	met	a	few	friends	from	Mexican	Town	that	
                                                                      but	 come	 down	 to	 opinion	 and	           joined	 him	 in	 watching	 the	 show	 while	 I	 cooled	 off.	 	 I	 really	 admire	
                                                                      statistical	 manipulation,	 can	 we	         their	moves,	especially	since	they	are	wearing	the	6	inch	leather	heels.	        	
                                                                      blame	 schools	 for	 breaking	 the	
                                                                                                                   In	light	of	the	85	degrees,	all	I	could	think	was	“You	go	girl!”
                                                                      rules?	 	 What	 would	 we	 do	 if	 we	
                                                                                                                            Following	the	Lady	Gaga	stage	show,	our	“gay-tank”	was	filled.	         	
                                                                      were	in	the	same	position?
                                                                                                                   We	were	ready	to	head	back	to	Pleasantville,	USA.		We	took	in	a	last	
                                                                      	        In	 the	 final	 analysis,	
                                                                                                                   look	and	purchased	a	$4	bottle	of	water	before	exiting	the	celebration.
                                                                      US News	 is	 in	 the	 business	 of	
                                                                                                                            The	day	was	not	at	all	what	I	had	expected.		I	wasn’t	shunned	or	
                                                                      selling	 magazines	 (and	 web	
                                                                                                                   spat	on.		No	one	was	mad	because	I	liked	boys.		The	drag	queen	was	
                                                                      subscriptions).	 	 Would	 any	 of	 us	
                                                                                                                   happy	to	take	a	picture	with	me	and	the	D.J.	made	a	shout-out	to	all	
               Pillar Copyright Policy                                have	bought	a	rankings	system	that	
                                                                                                                   the	straight	women.		All	in	all,	it	was	a	good	day.		I	feel	like	I	have	been	
    All	 articles	 published	 in	 print	 and	 online	            	    said,	 “You	 decide”	 or	 “Depends	
    with	 a	 byline	 are	 copyrighted	 property	                  	                                                educated	and	enlightened.		My	horizon	has	been	broadened,	if	only	a	
                                                                      on	 what	 you’re	 looking	 for”?	 	 Of	
    of	 The Pillar.	 The Pillar	 reserves	 exclusive	            	                                                 tad.	
    rights	 for	 reproduction,	 both	 in	 print	 and	            	    course	 not.	 	 So	 rankings	 will	
    online.	 Other	 reproduction	 or	 distribution	               	   continue	to	be	used	to	make	law	
    of	 copyrighted	 material	 without	 the	 express	 written	
    consent	of	The Pillar	is	prohibited.	
                                                                      school	 decisions	 and	 law	 schools	
                                                                      will	 continue	 to	 manipulate	 their	
                        Disclaimer
    The	views	expressed	by	our	staff	do	not	in	any	way	
                                                                      place	 in	 the	 rankings	 in	 a	 quest	
    reflect	the	views	of	Thomas	M.	Cooley	Law	School	                 for	 our	 tuition	 dollars.	 	 Until	 the	
    or	its	administration.                                            American	Bar	Association	steps	in	
                                                                      to	regulate	rankings	the	way	they	
            Submission Requirements                                   regulate	 professional	 ethics,	 the	
    The Pillar welcomes	 articles	 and	 other	 submis-                world	 of	 rankings	 will	 continue	
    sions	 for	 publication.	 All	 submissions	 must	
    contain	 a	 signature	 and	 contact	 information.	
                                                                      to	 be	 an	 ethical	 morass	 where	
    Submissions	 can	 be	 emailed	 to	 pillarsub-                     the	 road	 to	 Hell	 may	 be	 paved	
    mission@cooley.edu,	 delivered	 to	 The Pillar	 	                 with	 the	 best	 of	 intentions.	 	 All	
    Office	Cooley	Center	307,	or	placed	in	The Pillar	
    mailbox	in	the	SBA	office.	The Pillar reserves	the	               we	 can	 do	 as	 students,	 when	 we	
    right	 to	 edit	 for	 length	 along	 with	 the	 right	 to	        look	at	rankings,	is	keep	old	Mark	
    make	final	editorial	decisions.
                                                                      Twain	in	mind,	and	proceed	with	
                                                                      caution.
The Pillar,	July	8,	2011                                                                                                                                            3


                           ANN ARBOR CAMPUS NEWS
                                    The Ann Arbor Campus: Miniscule or Magical?	
                                                                    Richard D. Jackson, Staff Writer

                                                By now most everyone familiar        atmosphere isn’t for everyone and
                                          with Cooley is aware that there is a       can be a bit too “small-town” for
                                          fourth campus located in Ann Arbor,        some. The beauty of Cooley is that
                                          Michigan. Beyond this solitary fact,       if you need a bigger campus because
                                          many reading this article might            that is your personality, then you have
                                          know very little about the Ann             options and can switch campuses
                                          Arbor campus, the place I like to          – no hard feelings. However, once
                                          call “Cooley’s best-kept secret.”          you leave Ann Arbor, you will have
                                          For example, most probably do not          found friends and future colleagues
                                          know that the Ann Arbor campus             that will have a special place in your            The Ann Arbor Campus.
                                          is located at the former Ave Maria         heart for a lifetime.
                                          Law School, or that the first start-to-             Of course nothing in life is 100% perfect; the Ann Arbor campus
                                          finish graduates of Cooley in Ann          is no exception. The problems we experience, though, are insignificant –
                                          Arbor will wrap-up in December             more like inconveniences rather than true issues. Stephanie Minzey is a
                                          of this year! No matter what you           Lansing student who graduates in January, but is taking her first class in
         Writer Richard Jackson.          know or don’t know about Cooley’s          Ann Arbor this term. Her feelings are that “[t]he people have been very nice
                                          new addition, upon witnessing the          and helpful, but I don’t like how there is no bookstore or other main offices
atmosphere for yourself, you are not likely to believe that you have entered         like Lansing that I am accustomed to. But I would probably take another
a law school – and that’s a good thing! We’ve all seen the movies, read              class here if I could.” I can attest to this inconvenience as I have taken two
the books, or heard the stories of how law school is meant to be a living            classes at the Lansing campus for scheduling preferences. I do like having
nightmare; a rite of passage for any aspiring attorney that must be conquered        multiple options for each course and the idea of having access to all the
before we can move on with our real lives.                                           support offices in one location. However, anything we need to submit to
         The problem with that law school stigma is that it just isn’t so on         Lansing can be sent by inter-office delivery the very next day and all we
                                                                                     have to do is drop the item at one central office location. The biggest issue,
the Ann Arbor campus. Sure classes are tough and the workload is hard to
                                                                                     in my opinion, is the lack of a bookstore on the Ann Arbor campus, but the
manage if you are not focused, but in Ann Arbor, the environment is one that
                                                                                     Lansing bookstore is always very helpful with shipping orders quickly and
fosters success through incessant encouragement. Ann Arbor’s first SBA               accurately, which helps to rectify this issue.
President, Max Coolidge, shares my love for the Ann Arbor campus. I asked                     In spite of small inconveniences, the Ann Arbor campus still has
Max for his feelings about our campus and he summed it up this way:                  a special flare that sets it apart from any other law school campus. I had
      I think the Ann Arbor Campus is destined to become – if not                    the opportunity this past weekend to assist in a presentation to the Board
      already – Cooley’s flagship campus. We’ve got fantastic                        of Directors during their meeting on the Ann Arbor Campus. I can only
      professors and we get all the benefits of a large law school with              speculate on the Board’s thoughts at the end of the presentation, but I
      the personal attention of a much smaller school. I think what has              assume it was a combination of impressed and pleased. The basic premise
      set the Ann Arbor campus apart from the beginning is our culture               was that as the Board members began their lunch, the students “studying”
      of positivity; Dean Vestrand has always called on us to find ways              in the library broke out into a flash mob and began singing to the Board.
      to lift people up and support one another. We’re competitive and               Following that was a PowerPoint presentation of different Ann Arbor sights
      strive for excellence, but we try to make sure we make ourselves               and activities. Did I mention that the presentation was a spoof and showed
      better without having to tear someone else down.                               scenes of students sleeping in class, classes being held in a Starbucks, and
         Most all on our campus can embrace Max’s sentiment as we observe            even a professor showing his book award answer of: “Because Professor
this positive culture on a daily basis, simply by walking the halls. What            Ray said so!”? From there, the Board witnessed more serious presentations
you will find here is the “open door” policy at its best, and just as it should      and speeches from students who are at different stages in their legal
be. Every professor, faculty member, and dean is eager to speak to all who           education. Dean Vestrand, with her astonishing support of all things Cooley,
decide to enter their offices. What’s more, they don’t limit the discussion          encouraged the idea.
to only the course’s subject matter or law school, so feel free to discuss                    While it was a funny and informative presentation, the conclusion was
practice experience, family, religion, jobs, personal issues, restaurants,           amazing. The students who worked with Dean Vestrand on this presentation
sports, or anything else you may have on your mind at the time. If this seems        surprised her and made a special presentation to her in appreciation for
too casual or even atypical, then that’s just because it is! The beauty isn’t in     everything she has done for our fledgling campus. At this point, I looked
how the Ann Arbor campus is like other schools or even like other Cooley             around and every student there (myself included) was teary-eyed and choked
campuses; the beauty of the Ann Arbor campus is, again, in how we all work           up. That moment caused me to understand that we truly have something
to set Ann Arbor apart from the typical law school stigma. Chris Jennings,           special here at Ann Arbor – something that can’t be explained in a simple
                                                                                     article or described in a five-minute discussion. It is a feeling fostered by all
a second-term student told me,
                                                                                     who work and matriculate here; an emotion which you have to live and be
      The Ann Arbor campus is nothing I was expecting; everything
                                                                                     part of to comprehend. We are a family.
      about it has been a wonderful experience. The professors make
                                                                                              One of the single largest advantages of Cooley is that we have
      coming to class enjoyable and even interesting, while the                      colleagues everywhere. If you want to work in Iowa and, for some reason,
      students here create a positive learning environment. The older                move to the U.S. Virgin Islands, you’re in luck! There are Cooley grads in
      students are always sharing advice. I had always pictured law                  both places and Cooley grads help other Cooley grads. The difference is that
      school being a more cutthroat atmosphere where everyone has to                 at the Ann Arbor campus, there’s a special kind of relationship. It’s more
      fend for themselves. Yet, here, in Ann Arbor, the professors and               to it than we simply graduated from the same law school, but we became
      other faculty, like the ARC [(Academic Resource Center)], go                   friends during our time in Ann Arbor. I came to Ann Arbor in January,
      above and beyond to help students achieve at the highest level. I              2010, from southern Kentucky where I have a home, a career in business
      am happy to be a part of the Cooley tradition and would not have               and banking, a wife, four children, and where I spent time as an elected
      it any other way.                                                              official as a City Commissioner. To leave all that behind for two years was a
         How does the campus make these lasting impressions on its students?         daunting prospect, one I wasn’t even sure was possible. Now, I am less than
It is what many call “old-fashioned” human courtesy and interaction. We              six months from my last law school final ever and am preparing to go back
treat each other as we wish to be treated; we speak to each other honestly           to my family and set-up a private practice in my home town. Could I have
and openly; we respect each other’s wishes, opinions, and lifestyles; we             accomplished this at another campus? Maybe. However, I am certain it
embrace the Honor Code; we support each other; we help each other in                 would have been a more difficult journey with a slimmer chance of success.
times of need; and we listen. So what, right? Doesn’t everyone do this in            Cooley – Ann Arbor has become a home for me – a place where I will always
their group of friends or their clique? Yes this is commonplace in a tight-knit      feel like I am welcome and where I was once part of something special;
circle of friends or family, but we live this way as an entire campus. You’re        something greater than myself and so much more than just an education. If
thinking this just isn’t possible, that I am speaking of a perfect place that        you don’t believe me, take a class here and see for yourself. While you’re
cannot be reality in today’s society. Well, I challenge you to come in with          here, pick up a copy of “Sweet Home Cooley – Ann Arbor,” then you’ll
an open mind and you’ll be amazed at how happy a place the Ann Arbor                 understand why we are happy to sing the verse: “Lord I’m coming home to
campus truly is.                                                                     you!”
         From time to time, I hear fellow classmates call our campus “Cooley
High School,” a reference to the small size of our campus and how it seems           (AUTHOR’S NOTE – I mean this article as a glimpse into the atmosphere
                                                                                     and ways of the Cooley Ann Arbor campus only – I intend no disrespect or
that everybody knows everything about everyone. I recognize that this
                                                                                     negativity towards any other Cooley campus whatsoever).
4                                                                                                                                               The Pillar,	July	8,	2011


                                                 CAMPUS NEWS
       First-Years Moot Court Competition                                             Let Lexis Help You Land a Future Job
                Approaching Soon                                                                              Tanu Chaturvedi, Staff Writer

                                                                                  	 On	June	3,	2011	at	the	Lansing	campus	of	Thomas	M.	Cooley	Law	
	 The	Thomas	M.	Cooley	Moot	Court	Board	is	pleased	to	announce	
                                                                                  School,	 Ms.	 Kirsten	 Winek	 of	 Lexis-Nexis	 provided	 students	 with	 an	
the	 First-Year	 Melissa	 Mitchell	 Criminal	 Procedure	 Competition	 for	
                                                                                  informational	 session	 on	 how	 to	 utilize	 Lexis-Nexis	 as	 a	 tool	 in	 their	
Trinity	2011.	
                                                                                  job	 search.	 	 Ms.	 Winek	 pointed	 out	 helpful	 information	 that	 can	 be	
	 Moot	Court	simulates	the	appellate	level	of	advocacy.		In	the	First-
                                                                                  accessible	through	Lexis-Nexis	for	law	students	and	Martindale	Hubble	
Year	Competition,	teams	of	two	will	argue	a	fictional	Fourth	Amendment	
                                                                                  which	is	owned	by	Lexis.		
issue	before	a	simulated	Supreme	Court	of	the	United	States.		Although	
                                                                                  	 Ms.	 Winek	 highlighted	 that	 there	 are	 links	 on	 Lexis	 that	 are	
competitors	come	prepared	with	their	arguments,	the	true	test	is	how	
                                                                                  accessible	to	all	Cooley	Law	students	that	would	be	able	to	assist	them	
they	handle	the	barrage	of	questions	they	will	be	confronted	with	by	the	
                                                                                  in	the	search	for	a	future	internship,	clerkship,	or	job	.		These	links	can	
judges.		It	is	not	only	a	hands-on	lesson	about	appellate	proceedings,	
                                                                                  be	found	under	the	Career	Help	Tab	on	the	main	screen.		Under	this	
but	it	is	a	test	of	a	student’s	ability	to	maintain	a	legal	argument	under	
                                                                                  tab,	one	can	search	for	the	title	Legal	Communities.	It	is	under	this	
enormous	pressure.		This	ability	is	vital	for	all	of	us	who	aspire	to	be	
                                                                                  tab	 that	 one	 can	 connect	 with	 the	 large	 legal	 community	 worldwide	
attorneys,	and	it	is	vital	no	matter	what	area	of	law	or	what	type	of	legal	
                                                                                  through	one’s	Lexis	account.		
practice	we	choose.                                                               	 Under	these	tabs	on	Lexis,	one	can	access	a	search	option	that	would	
	 Members	of	advancing	teams,	as	well	as	the	top-ten	advocates,	have	             allow	 a	 student	 to	 network	 and	 market	 with	 prospective	 employers.	      	
the	opportunity	to	enroll	early	in	the	Intra-School	Moot	Court	Class.	        	   Lexis	 has	 features	 to	 search	 employers	 by	 law	 schools	 attended	 by	
All	competitors	are	invited	to	apply	for	a	position	on	the	Moot	Court	            lawyers	within	their	firms	and	even	undergraduate	universities.		One	
Executive	Team,	or	become	a	General	Body	Member	of	Moot	Court.	               	   can	even	run	a	worldwide	search	by	geographic	location	or	practice	area	
Competing	 is	 also	 an	 excellent	 way	 to	 learn	 more	 about	 Criminal	        and	upload	one’s	resume	with	the	simple	click	of	a	button.		Further,	
Procedure	and	prepare	for	the	final	exam	in	class.		                              several	webinars	and	tutorials	are	available	on	job-hunting	performance	
	 The	competition	will	begin	for	students’	at	all	three	campuses	on	              tools.		Also,	through	Martindale	Hubble,	the	online	worldwide	attorney	
Friday,	 July	 8th	 and	 Saturday	 July	 9th.	 	 The	 Quarter	 and	 semi-final	   directory	owned	and	operated	by	Lexis,	one	can	create	an	online	profile	
rounds	will	be	held	on	Sunday,	July	10th	,	at	the	Lansing	campus.	The	            and	 use	 the	 website	 as	 a	 sort	 of	 “Linked-In”	 for	 legal	 professionals.	
final	round	will	be	held	in	Lansing	on	Monday,	July	11th,	at	5:00	p.m.	           There	are	also	job-postings	available	through	Lexis-Nexis.			
in	CC501.                                                                         	 However,	perhaps	the	most	useful	features	of	the	job	search	tools	
	 Everyone	is	welcome	and	encouraged	to	come	and	see	the	finalist	                available	on	Lexis	involve	the	ability	of	the	user	to	research	a	particular	
compete.	 	 If	 you	 have	 any	 questions	 about	 the	 competition	 or	 are	      firm	and	their	attorneys	in	precise	detail.		One	can	look	at	charts	of	
interested	 in	 helping	 out,	 please	 contact	 our	 First-Year	 Committee:	      their	practice	areas,	what	judges	and	courts	the	firm	has	 litigated	in	
Brandon	Abro,	Evan	Balmer,	Princess	Page,	Tauri	Thomas	from	Lansing,	             front	of	or	with,	pull	up	actual	cases	the	firm	has	litigated	and	one	can	
Autumn	 Nigro	 from	 Ann	 Arbor,	 John	 Kuzmich,	 Richard	 Shemanski	             actually	read	these	cases,	and	bring	to	light	all	of	this	information	in	an	
from	Auburn	Hills	and	Cody	Betush,	Katie	Sessions,	Christine	Welton	              actual	interview	which	is	likely	to	set	apart	the	candidate	who	utilizes	
from	Grand	Rapids.	You	may	also	contact	the	Moot	Court	Chairperson,	              these	tools	from	other	prospective	applicants	for	the	same	job.		
Julianne	Oliver	at	oliverj@cooley.edu.	                                           	 Lexis	 access	 is	 available	 to	 all	 Cooley	 students	 that	 are	 presently	
                                                                                  enrolled,	and	access	remains	active	six	to	eight	weeks	after	graduation	
           Relieve Sore Back & Neck Muscles…                                      from	Cooley.		Ms.	Winek	is	happy	to	set	up	one-on-one	sessions	with	
                                                                                  interested	students	that	need	more	information	or	further	assistance.	           	
                  Eliminate Headaches…                                            Her	contact	information	can	be	found	on	the	Lexis	website	home	page	
                 Increase Concentration…                                          for	all	Cooley	students.		


         For Your Health & Well-being…                                             Cooley Law School Professor Joins Panel
                                                                                            on Pentagon Papers
                     Massage                                                          Cooley Law School Associate Professor Devin Schindler participated
                                                                                  recently in a seminar at Grand Valley State University on the lasting impact
                                                                                  of “The Pentagon Papers” and the recent documentary, “The Most Dangerous

                       &                                                          Man in America: Daniel Ellsberg and the Pentagon Papers.”
                                                                                      The event, held at GVSU’s Loosemore Auditorium, was particularly
                                                                                  timely because on Monday, June 13, exactly 40 years after Ellsberg made
                                                                                  history with his explosive leak of the Papers, the 7.000-page report was

                     Wellness                                                     released in full by the National Archives. The Pentagon Papers was a secret
                                                                                  government study that chronicled deception and misadventure in the U.S.
                                                                                  conduct of the Vietnam War.
                                                                                      Ellsberg, at the time a Pentagon employee, spirited out highlights of the
                                                                                  Pentagon Papers, which were published in the New York Times on June 13,
                      (517) 203-1113                                              1971, in one of the most epic whistle-blowing events in U.S. history.
                                                                                      Participating with Schindler on the panel, which was held at the Gerald
                                                                                  R. Ford Presidential Museum in Grand Rapids, was Ellsberg, via Skype;
        www.massageandwellnessonline.com                                          as well as Gleaves Whitney, director of the Grand Valley State University
                                                                                  Hauenstein Center for Presidential Studies, and former U.S. Rep. Peter
                                                                                  Hoekstra. Schindler, a constitutional law and First Amendment expert, has
                      General Public: $55 / hour                                  been a member of the Cooley Law School faculty since 2007.
                                      $35 / half-hour
                                      $75 / 90 minutes

                      Students:            $45 / hour
                                           $30 / half-hour
                                           $65 / 90 minutes

        Conveniently located in downtown East Lansing,
    between Abbott and MAC at 201-½ E. Grand River Suite 19
                 Above Noodles & Company

                      *** Validated Parking ***                                    Former U.S. Rep. Peter Hoekstra, Director of GVSU Jauenstein Center Gleaves Whitney,
                                                                                                              and Professor Devin Schindler.
The Pillar,	July	8,	2011                                                                                                                                                                      5


                                                               CAMPUS NEWS
                                                       Sharing Outlawed                                                                                       Something to
                                           Cooley Law Review Interim Publicity Editor Geoffrey Weed
                                                                                                                                                              Smile About
	 In	 this	 modern	 era	 of	 online	 piracy,	 many	 lawmakers	 are	 concerned	 with	 drafting	 new	 statutory	                                                Dominque Vielle, Staff Writer
protections	for	intellectual	property.1	Those	who	support	such	measures	argue	that	they	are	necessary	to	                                               	 As	 future	 attorneys,	 we	 all	
combat	copyright	infringement,	especially	infringement	conducted	through	foreign	websites.2	But	others,	                                                know	 that	 in	 our	 future	 we	 will	
                                                                                                                                                        join	 a	 profession	 that	 helps	 and	
such	as	Senator	Ron	Wyden,	argue	that	some	of	the	new	protections	go	too	far,	infringing	on	free	speech	
                                                                                                                                                        serves	 others.	 Many	 of	 us	 enter	
and	posing	a	threat	to	electronic	commerce.3                                                                                                            law	school	with	the	intent	to	enter	
	 A	case	in	point	can	be	found	in	a	recently	passed	Tennessee	law	that	makes	it	unlawful	to	share	log-in	                                               into	a	profession	that	will	benefit	
information	for	websites	that	provide	users	with	“entertainment	content.”4	Popular	services	such	as	Netflix,	                                           and	change	the	lives	of	the	people	
Hulu,	Pandora,	and	Rhapsody	will	be	covered	by	the	new	law.5	In	describing	how	the	proposed	bill	would	                                                 in	our	communities.	
                                                                                                                                                        	 To	 help	 us	 start	 on	 this	
work,	its	sponsor,	Rep.	Gerald	McCormick,	told	the	Associated	Press	that	the	bill	makes	it	illegal	to	“send	
                                                                                                                                                        path,	 many	 of	 Cooley’s	 student	
your	username	and	password	to	all	your	friends	so	they	can	get	free	subscriptions.”6	But	while	the	bill	would	                                          organizations	 and	 offices	 present	
apply	to	everyday	consumers	who	share	log-in	information	with	family	members	or	friends	for	free,	the	true	                                             opportunities	        for	     students,	
legislative	intent	is	evidently	to	prevent	the	sale	of	log-in	information	by	criminals	on	a	large	scale.7                                               staff,	 and	 faculty	 to	 serve	 the	
                                                                                                                                                        communities	 where	 Cooley	 has	
	 The	Bill	was	first	introduced	to	the	Tennessee	legislature	in	February	2011.8	After	it	was	presented	to	
                                                                                                                                                        a	 presence	 by	 participating	 in	
Tennessee	Governor	Bill	Haslam,	he	promptly	signed	the	bill	into	law.9	It	will	take	legal	effect	on	July	1,	                                            support	 activities	 for	 volunteer	
2011.10	                                                                                                                                                programs	 and	 charitable	 causes.	
	 Under	 the	 new	 law,	 those	 who	 give	 out	 log-in	 information	 resulting	 in	 a	 theft	 of	 less	 than	 $500	 of	                                 The	 Center	 for	 Ethics,	 Service,	
entertainment	will	be	guilty	of	a	misdemeanor,	which	could	be	punished	by	a	jail	sentence	of	up	to	one	year	                                            and	 Professionalism	 encourages	
                                                                                                                                                        and	aids	students	to	participate	in	
and	a	fine	of	up	to	$2,500.11	A	felony	charge	and	even	harsher	penalties.12	Repeat	offenders	would	also	face	
                                                                                                                                                        community	service	by	identifying	
felony	charges.13                                                                                                                                       charitable	 opportunities	 and	
	 The	 recording	 industry,	 being	 familiar	 with	 digital	 piracy,	 strongly	 supported	 the	 groundbreaking	                                         matching	 students	 who	 want	
legislation.14		In	support	of	the	measure,	the	industry	pointed	to	the	fact	that	it	loses	billions	of	dollars	to	                                       to	 serve	 with	 organizations	
illicit	media	sharing.15		Another	rationale	advanced	in	support	of	the	new	law	is	the	hope	that	it	will	provide	                                        needing	 help.	 This	 summer	 the	
                                                                                                                                                        Center	 for	 Ethics,	 Service,	 and	
much-needed	protection	for	artists.16	Mitch	Glazier,	an	executive	from	the	Recording	Industry	Association	of	                                           Professionalism	 is	 coming	 to	 the	
America,	released	a	statement	expressing	his	opinion	that,	“[g]iven	the	significant	economic	contributions	                                             aid	 of	 a	 couple	 in	 need	 in	 the	
of	the	music	community	to	the	[State	of	Tennessee],	it’s	important	to	ensure	that	the	hard	work	of	artists,	                                            Cooley	community.
musicians	and	labels	is	protected	against	emerging	ways	to	steal	music.”17                                                                              	 For	 the	 past	 six	 months	
                                                                                                                                                        Professor	 Gell	 has	 been	 offering	
	 Of	 course,	 there	 are	 many	 who	 oppose	 the	 new	 legislation.18	 In	 an	 interview	 with	 CBS	 News,	 one	
                                                                                                                                                        pro	 bono	 assistance	 to	 a	 local	
Tennessee	college	student	described	the	new	law	simply	as	“stupid.”19	Others	have	offered	more	reasoned	                                                couple,	 for	 privacy’s	 sake	 we	 will	
critiques.20	 For	 instance,	 journalist	 Jared	 Newman	 argues	 that	 the	 law	 will	 be	 difficult	 to	 enforce.21	 He	                               call	 them	 Meredith	 and	 Eric,	
contends	that	because	subscription	services	that	stream	entertainment	content	are	intended	for	use	from	                                                with	 estate	 planning	 and	 end-of-
various	locations	and	on	different	devices,	it	will	be	difficult	to	determine	which	accounts	are	being	used	                                            life	 issues.	 	 Eric	 had	 just	 been	
                                                                                                                                                        diagnosed	 with	 cancer	 and	 given	
illegally.22	Likewise,	Newman	claims	that	the	legislation	is	unnecessary	because	subscription	services	already	                                         only	 a	 few	 months	 to	 live	 when	
have	adequate	legal	recourse	to	protect	their	interests.23	He	argues	that	civil	actions	against	violators	are	                                          Professor	 Gell	 met	 them.	 	 While	
sufficient	 and	 that	 there	 is	 no	 need	 for	 criminal	 sanctions.24	 Finally,	 he	 notes	 that	 subscription	 services	                             helping	 them	 out	 with	 putting	
already	have	the	ability	to	limit	the	number	of	devices	to	which	users	can	simultaneously	stream	content.25                                             Eric’s	 affairs	 in	 order,	 it	 seemed	
                                                                                                                                                        that	 assisting	 the	 couple	 with	
	 At	this	point,	it	is	unclear	whether	other	states	will	follow	Tennessee’s	lead	and	pass	similar	legislation.26	
                                                                                                                                                        their	 legal	 needs	 would	 be	 the	
Similarly,	 as	 the	 discussion	 above	 indicates,	 the	 wisdom	 of	 such	 legislation	 is	 fiercely	 debated.	 But	 it	 is	                            only	one	area	of	concern.	Looking	
abundantly	clear	that	the	music	industry	will	actively	lobby	for	governmental	action	and	protection.27	Either	                                          to	 the	 future,	 as	 most	 lawyers	
way,	whether	needed	or	not,	the	new	law	in	Tennessee	is	just	the	latest	shot	in	the	ever-intensifying	war	                                              do,	 Professor	 Gell	 realized	 that	
against	digital	piracy	–	a	war	that	began	with	the	inception	of	Napster	and	shows	every	sign	of	continuing	                                             Meredith	 would	 need	 a	 full-time	
                                                                                                                                                        job	 once	 Eric	 passed	 away,	 and	
on	indefinitely	into	the	future.28                                                                                                                      that	 her	 need	 for	 serious	 dental	
                                                                                                                                                        assistance	would	hold	her	back.		
1			See	Grant	Gross,	Senator Blocks Controversial Copyright Bill,	PC	World,	May	27,	2011,
					http://www.pcworld.	com/businesscenter/article/228841/senator_blocks_controversial_copyright_bill.html.                                            	 Unfortunately,	 Eric	 passed	
2			Id.                                                                                                                                                 away	 a	 couple	 weeks	 ago	 and	
3			Id.
4			Don	Reisinger,	Is Sharing a Log-in a Criminal Act?,	CNET	News,	Jun.	2,	2011,	http://news.cnet.com/8301-13506_3-20068233-17.html.                    Meredith	 is	 going	 to	 need	 that	
5			Chloe	Albanesius,	Share Your Netflix Password, Go to Jail?,	PC	Magazine,	Jun.	2,	2011,	http://www.pcmag.	com/article2/0,2817,2386316,00.asp.        smile	 more	 than	 ever.	 	 A	 dentist	
6			Id.
7			Id.
                                                                                                                                                        that	 volunteers	 at	 Mel	 Trotter’s	
8			Id.                                                                                                                                                 dental	 services	 program	 has	
9			Reisinger,	supra	note	4.                                                                                                                            agreed	 to	 do	 all	 the	 work	 at	 his	
10		Id.
11		Douglas	Stanglin,	Tenn. OKs Bill to Criminalize Sharing Passwords for Netflix-type Accounts,	USA	Today,	Jun.	1,	2011,                               cost,	but	additional	funds	are	still	
						http://content.usatoday.com/communities/ondeadline/post/2011/06/tenn-oks-bill-to-criminalize-sharing-passwords-for-netflix-type-accounts/1.       needed.		In	order	to	help,	Cooley’s	
12		Id.
13		See	H.B.	1783	(Tenn.	2011),	available at	http://www.capitol.tn.gov/Bills/107/Bill/HB1783.pdf.                                                       Center	 for	 Ethics,	 Service,	 and	
14		Ellis	Hamburger,	Tennessee Law: Sharing Your Netflix Password Could Land You In Jail,	Business	Insider,	Jun.	2,	2011,                               Professionalism	 is	 asking	 Cooley	
						http://www.businessinsider.com/netflix-login-sharing-tennessee-2011-6.
15		Tenn. Targets Sharing of Web Subscriptions,	Boston	Globe,	Jun.	2,	2011,                                                                             students	 and	 staff	 to	 help	 them	
					http://www.boston.com/business/	technology/articles/2011/06/02/tenn_targets_sharing_of_web_subscriptions/	(hereinafter	“Tenn.	Targets	Sharing”).   to	 reach	 their	 goal	 to	 raise	
16		Albanesius,	supra	note	5.
17		Id.
                                                                                                                                                        $500.00	to	help	her	get	that	smile	
18		See, e.g.,	Edecio	Martinez,	Sharing Netflix, Rhapsody Login Illegal in Tennessee,	CBS	News,	Jun.	2,	2011,                                           by	 donating	 your	 extra	 change	
					http://www.	cbsnews.com/8301-501465_162-20068350-501465.html;	Jared	Newman,	Live in Tennessee? Careful with that Netflix Password,	PC	World,
					Jun.	2,	2011,	http://www.pcworld.com/article/229283/live_in_tennessee_careful_with_that_netflix_password.html.
                                                                                                                                                        from	 pockets	 or	 couch	 cushions.	
19		Martinez,	supra	note	17.                                                                                                                            Collection	        containers	       are	
20		See, e.g.,	Newman,	supra	note	17.                                                                                                                   circulating	 the	 Cooley	 campuses	
21		See id.
22		Id.                                                                                                                                                 and	donations	are	being	accepted	
23		Id.                                                                                                                                                 in	the	Center	for	Ethics,	Service,	
24		Id.
25		Id.                                                                                                                                                 and	Professionalism	office.	In	the	
26		See	Albanesius,	supra	note	5	(quoting	Mitch	Glazier,	who	noted	that	the	Tennessee	law	in	question	is	the	first	of	its	kind).                        words	 of	 an	 old	 proverb,	 “If	 you	
27		See	Martinez,	supra	note	17.
28		See	Ed	Oswald,	Sean	Parker	Says	Music	Industry	Will	Rebound,	PC	World,	May	26,	2011,
                                                                                                                                                        see	a	friend	without	a	smile;	give	
					http://www.pcworld.	com/article/228806/sean_parker_says_music_industry_will_rebound.html.                                                          him	one	of	yours.”
6   The Pillar,	July	8,	2011
The Pillar,	July	8,	2011                                                                                                                                      7


                                                 CAMPUS NEWS
                                                     Alumni Profile: Kevin Meyer
                                                                   James Scalera, Staff Writer
    Law students often times face unique obstacles and become confused           determination and ambition Kevin moved forward with this idea, making
as to how best to succeed and where to focus our talents and abilities. We       several contacts in entertainment hubs like Los Angeles, New York, and
may sometimes wonder how we should approach a certain course, what kind          Nashville and drawing several notable artists and bands to the festival in the
of law we want to practice, where we find ourselves ending up after we           years to come. In the 1990s however the MSU Festival began to dwindle
graduate, or even what influenced our decision to pursue the practice of law.    and lose support, but Kevin refused to let the idea of such an event dissipate.
Some may have decided to attend law school to attain a better lifestyle for          This is what motivated Kevin to found the Common Ground Music
themselves and their families. Others may have been driven by a deep love        Festival in 2000. Branching off of the idea of the MSU Festival, Kevin
for law and the legal practice, while still others may have looked towards       believed that an annual music festival featuring national acts and centered in
the opportunities that a law degree can potentially provide. And some are        Lansing could assist in revitalizing the downtown area while generating an
simply motivated by ambition, dedication, and hard work because of their         economic impact for the Mid-Michigan area. The strong work ethic that he
own intuitive spirit. The latter is what seemingly best describes Thomas M.      developed over the years resulted in Common Ground becoming a reality.
Cooley Law School alumnus Kevin Meyer.                                           This year will mark the 12th year of the annual week-long festival that is
    Kevin’s journey through college, law school, and up to the present day       recognized as the premier summer event in the greater Lansing area with
has been marked by one amazing trait he possesses: the ability to remain         renowned performers, great food, and activities for individuals of all ages.
true to himself and continually pursue his passion for music.                    Kevin succeeded in making the idea of Common Ground become a reality
    As an undergraduate student at Michigan State University (MSU),              because he was able to advance an idea using his talent and insight. This
Kevin took some time off from school, forming a band with a few other            year’s festival includes several national stars such as Trey Songz, Lynyrd
individuals and traveling around the Great Lakes area to perform. Initially a    Skynyrd, LL Cool J, and Melissa Etheridge among many others.
business administration major at MSU, he decided to go pre-law because of            Kevin is the Executive Director of both Common Ground Music Festival
his ambitious attitude toward the music industry. He believed that if he was     and the Cavendish Beach Music Festival, which started in 2009 in Canada
not going to continue to be a performer, he could instead become involved        and features several famous country musicians annually. He is also the
in the field of entertainment law.                                               CFEE of Meridian Entertainment Group and continues to practice law in
    Kevin’s interest in music influenced him to continue performing with his     Lansing. While his clients in the music industry are separate from his law
band following graduation from college. He then refocused his skills and         clients, Kevin reiterates that he uses the tools and skills that he acquired at
work ethic to the area of law, deciding to attend Cooley. However, Kevin’s       Cooley each and every day. Whether negotiating a contract with a musician,
interest in music and the music industry never died as he found himself          applying his knowledge of intellectual property, or informing others of how
particularly interested in the fields of entertainment law and intellectual      the law applies in a specific context, Kevin has always utilized his knowledge
property. He was determined to continue to focus on the legal aspect of the      of the law throughout the years regardless of whether he is serving as a
music business and would often research entertainment law and intellectual       lawyer or working as a businessman. Amazingly, Kevin and his associates
property treatises in the Cooley library.                                        organize roughly 200 nights of entertainment acts each year in places around
      Then Kevin’s truly admirable work ethic influenced him to start a          the world, yet Kevin still finds time to practice law. His unyielding devotion
production booking company while simultaneously attending law school.            and integrity is undeniable.
He developed a network of proprietors and musicians and obtained a talent            Kevin’s advice to those of us currently at Cooley is to get hands-on
license from the State of Michigan. He then worked with others to book           experience whenever we have the opportunity. He feels that if there was
music events in Michigan, Ohio and Florida, booking as many 50 to 60 acts        something he could have done differently he would have participated in
per week in order to help finance his legal education. Kevin’s entrepreneurial   clinics, externships, clerkships, or other opportunities wherein a law student
spirit enabled him to both run a business and work towards obtaining a law       can get real world experience prior to starting a professional career. He
degree, meeting the demands that such an endeavor undoubtedly presented.         believes in focusing your talent in areas that interest you and networking
    Earning his law degree in 1985 and subsequently passing the bar              wherever possible in order to move to the next level.
examination in 1986, Kevin proceeded to start his own general practice.              All of us are unique; each of us will have our own distinct experience with
However, the demand for lawyers in the entertainment field was low in            law school and what is to come after graduation. But one thing is certain: as
Mid-Michigan and Kevin’s passion for music did not dwindle. He therefore         individuals who aspire to be lawyers,
continued to practice law while taking advantage of any opportunity to           we all strive to be leaders and to
become involved with the music industry that came his way.                       help others succeed, something
    In 1987, Kevin was asked to take part in organizing the MSU Festival         that begins with ourselves. Kevin            Marc P.
in East Lansing, Michigan, a music and arts festival established as part         Meyer’s story exemplifies that by
of the sesquicentennial celebration for the State of Michigan. Realizing         urging you to go your own way with         Mallory D.D.S.
Kevin’s potential, the organizers of the festival requested that he attempt      the skills you will acquire at Cooley
to draw national acts in the following year. Consistent with his uncanny         so that you too will succeed.                   General Dentist


                                                                                                                                 107 E. Washtenaw
                                                                                                                                   Ground Level
                                                                                                                                 Lansing, MI 48933


                                                                                                                            517-487-5666
                                                                                                                            www.marcmallorydds.com
8                                                                                                                                                                                        The Pillar,	July	8,	2011


                                                                CAMPUS NEWS
    Health Care Challenges Shine an Uncomfortable Spotlight on the Federal Judiciary
                                                                       Cooley Law Review Interim Publicity Editor Geoffrey Weed
	 It	 would	 be	 naïve	 to	 assume	 that	 the	 political	 beliefs	 of	 federal	                           	 Such	 seemingly	 lockstep	 political	 decision-making	 has	 led	 many	
judges	are	universally	subservient	to	the	rule	of	law.1	But,	in	the	harsh	                                to	the	conclusion	that	similar	decisions	will	continue	at	the	appellate	
light	 cast	 by	 the	 current	 challenges	 to	 President	 Obama’s	healthcare	                             level.13	 In	 fact,	 a	 great	 deal	 of	 the	 news	 coverage	 of	 the	 impending	
reform,	even	the	jaded	might	be	shocked	by	the	seeming	politicization	                                    appellate	review	has	centered	on	the	political	backgrounds,	leanings,	
of	the	federal	judiciary.2		Such	open,	tawdry,	political	bias	is	arguably	                                and	beliefs	of	the	various	circuit	court	judges.14
an	embarrassment	to	the	legal	profession	and	the	national	conscience.	                                    	 For	instance,	the	four	challenges	that	are	currently	on	appeal	include	
	 The	 trouble	 centers	 around	 the	 numerous	 challenges	 that	 have	                                   two	that	were	heard	by	a	Fourth	Circuit	panel	on	May	10,	2011;	one	that	
been	brought	against	the	embattled	Patient	Protection	and	Affordable	                                     is	scheduled	before	the	Sixth	Circuit	on	June	1;	and	another	to	be	heard	
Care	 Act	 (the	 “Act”).3	 Depending	 on	 one’s	 political	 inclinations,	 the	                           by	the	Eleventh	Circuit	on	June	8.15	In	discussing	the	Fourth	Circuit’s	
Act	might	more	commonly	be	called	the	“healthcare	law”	or,	for	those	                                     review,	one	article	opined	that	“Obama	could	hardly	have	wished	for	a	
oppose	the	legislation,	“Obamacare.”4	A	provision	that	is	particularly	                                   better	outcome,”	as	he	had	appointed	two	of	the	judges	on	the	panel,	
important	 in	 the	 pending	 challenges	 requires	 citizens	 to	 purchase	                                while	the	third	judge	was	a	Clinton	appointee.16	The	same	article	went	
health	insurance	by	2014,	providing	financial	penalties	for	those	who	                                    on	 to	 quote	 a	 law	 professor	 from	 the	 University	 of	 Richmond,	 who	
fail	 to	 do	 so.5	 Those	 challenging	 the	 Act	 argue	 that	 the	 legislature	                          said,	“This	was	certainly	a	favorable	draw	for	the	government	.	.	.	[a]
lacks	 constitutional	 authority	 under	 the	 Commerce	 Clause	 to	 force	                                ll	three	judges	appeared	more	skeptical	of	the	challengers’	argument	
Americans	to	purchase	insurance.6	Supporters	of	the	Act,	on	the	other	                                    and	 more	 accepting	 of	 the	 federal	 government’s.”17	 Indeed,	 with	 an	
hand,	 argue	 that	 because	 every	 person	 is	 a	 healthcare	 consumer	 at	                              apologetic	tone,	another	journalist	premised	his	analysis	by	stating,	“It	
some	point	in	life,	it	is	indeed	constitutional	for	the	federal	government	                               pains	me	to	partisanize	[sic]	things	in	such	a	manner,	but	the	fact	is	
to	mandate	the	purchase	of	health	insurance.7                                                             that	 Republican	 appointees	 have	 generally	 struck	 down	 the	 measure	
	 As	of	the	beginning	of	May	2011,	thirty-one	different	lawsuits	had	                                     and	Democratic	appointees	have	generally	upheld	it.”18	
been	filed	seeking	to	invalidate	the	Act.8	Federal	district	court	rulings	                                	 In	 fact,	 the	 political	 or	 ideological	 differences	 between	 those	
had	been	handed	down	in	five	of	those	cases,	four	of	which	were	poised	                                   challenging	 the	 Act	 and	 the	 Fourth	 Circuit	 panel	 were	 evidently	 so	
for	appellate	review.9	Sadly,	as	commentators	have	been	quick	to	point	                                   great	that	 one	 panel	member,	 Judge	 Andre	Davis,	 laughed	openly	at	
out,	 the	 polarization	 of	 the	 district	 court	 decisions	 strongly	 suggests	                         counsel	for	the	challengers	during	oral	arguments.19	But	what	is	not	a	
that	 those	 decisions	 were	 political,	 not	 jurisprudential.10	 Of	 the	 five	                         laughing	matter	is	the	tendency	of	such	behavior	to	bring	scorn	upon	
decisions,	a	federal	judge	appointed	by	a	democratic	president	heard	                                     the	judicial	branch,	to	erode	the	foundation	of	the	rule	of	law.20	
three	 of	 the	 cases,	 while	 a	 federal	 judge	 appointed	 by	 a	 republican	                           	 Whether	the	decisions	ultimately	reached	by	the	appellate	courts	
heard	two.11	Predictably,	the	democratic	appointees	all	upheld	the	Act,	                                  will	follow	strict	political	lines	remains,	of	course,	to	be	seen.21	Perhaps	
while	the	republican	appointees	each	ruled	that	it	was	at	least	partially	                                at	 either	 the	 Circuit	 Court	 or	 Supreme	 Court	 levels,	 the	 challenges	
invalid.12                                                                                                will	receive	a	truly	impartial	review.	Yet,	in	some	ways	the	damage	has	
1		See	Andrew	Cohen,	The	Health	Care	Law	Arrives	on	Appeal,	Atlantic	Monthly,	May	9,	2011,
                                                                                                          already	been	done;	the	clear	public	consensus	seems	to	be	that	political	
				http://www.	theatlantic.com/national/archive/2011/05/the-health-care-law-arrives-on-appeal/238550/    beliefs,	not	legal	principles,	reign	supreme	in	our	federal	courts.22
2		See	id.
3		Id.
4		See,	e.g.,	Paige	Winfield	Cunningham,	Federal	Appeals	Courts	Set	to	Hear	‘Obamacare’	Cases:            13			See,	e.g.,	Cohen,	supra	note	1.
			Requirement	to	Purchase	is	Challenged,	Wash.	Times,	May	9,	2011,	http://www.washingtontimes.com/       14			See,	e.g.,	id.;	Sack,	supra	note	9;	Larry	O’Dell,	Appeals	Court	in	Va.	Gears	Gealth	Care	Cases,
			news/2011/may/9/federal-appeals-courts-set-to-hear-obamacare-cases/;	David	G.	Savage,	Healthcare       						Denver	Post,	May	10,	2011,	http://www.denverpost.com/breakingnews/ci_18031831.
			Law	Showdowns	Loom	in	Appeals	Courts,	L.A.	Times,	May	10,	2011,                                        15			Sack,	supra	note	9.
			http://www.latimes.com/health/la-na-health-court-20110510,0,729942.story.                              16			O’Dell,	supra	note	14.
5		Bill	Mears,	Appellate	Court	Set	for	Health	Care	Review,	CNN.com,	May	9,	2011,                          17			Id.
				http://edition.cnn.com/2011/	POLITICS/05/09/health.care.courts/.                                      18			Cohen,	supra	note	1.
6		Debra	Cassens	Weiss,	Health	Care	Law	Gets	First	Appellate	Hearing	on	Tuesday,	ABA	J.,	May	9,	2011,     19			Garrett	Epps,	Will	Ken	Cuccinelli’s	Health-Care	Challenge	Be	Sidelined?,	Atlantic	Monthly,	May	11,	2011,
				http://www.abajournal.com/news/article/health_care_law_gets_first_appellate_hearing_on_tuesday/.      							http://www.theatlantic.com/national/archive/2011/05/will-ken-cuccinellis-health-care-challenge-be-
7		Cunningham,	supra	note	4.                                                                              							sidelined	/238714/.
8		Federal	Appeals	Court	to	Hear	Arguments	in	Va.	Health	Care	Overhaul	Challenge,	Wash.	Post,	May	9,	     20			See,	e.g.,	John	W.	Frost,	The	Topic	Is	Civility	–	You	Got	a	Problem	With	That?,	Fla.	Bar	J.	6,	Jan.
				2011,	http://www.washingtonpost.com/national/federal-appeals-court-to-hear-arguments-in-va-health-    						1997,	available	at	https://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/Articles/
				care-overhaul-challenge/2011/05/09/AFl6dBYG_story.html.                                               							2E51A0DE81102CC585256AD	B005D60FA.
9		Kevin	Sack,	Battle	Over	Health	Care	Law	Shifts	to	Federal	Appellate	Courts,	N.Y.	Times,	May	8,	2011,   21			O’Dell,	supra	note	14.
				http://	www.nytimes.com/2011/05/09/us/09appeals.html?_r=1.                                            22			See	id.;	Cohen,	supra	note	1;	Epps,	supra	note	19.
10		See	id.;	Cohen,	supra	note	1;	Savage,	supra	note	4.
11		Sack,	supra	note	9.
12			Id.




     The	 Thomas	 M.	 Cooley	 Moot	 Court	 Board	 is	 sponsoring	 a	 “baby	 drive.”	 We	 are	 collect-                                          A	box	will	be	in	the	moot	court	office,	room	
     ing	baby	items	that	will	be	donated	to	the	Hannah	House	in	Lansing,	Michigan.	Hannah’s	                                                    306,	for	all	donations.	If	there	are	any	ques-
     House	is	dedicated	to	providing	shelter,	food,	clothing,	classes,	and	mentoring	to	homeless	                                               tions,	comments	or	concerns,	contact:
     pregnant	women	in	an	effort	to	help	prepare	moms	to	effectively	rear	a	family.	All	UNUSED	
     and/or	GENTLY	USED	baby	items	are	needed.	Here	are	some	possible	suggestions:                                                              Katera Howard
                                                                                                                                                Moot	Court	Executive	Team:
     	                    •	Diapers	                                    •	Bottles                                                               Special	Projects	and	Philanthropy
     	                    •	Diaper	Bags	                                •	Pacifiers                                                             howardka@cooley.edu
     	                    •	Bibs	                                       •	Clothing
     	                    •	Rattles
The Pillar,	July	8,	2011                                                                                                                                            9


                                                      CAMPUS NEWS
            Alcohol, Rage & Jealousy –                                                    Cooley Law School Turns Out in Force
           The Cause of a Friend’s Death?                                                         for 2011 Kidney Walk
                           Ntandose Hlabangana, Staff Writer
                                                                                       	 Over	 100	 people	 from	 Cooley	 Law	 School	 recently	 participated	 in	
	 This	summer,	the	Thomas	M.	Cooley	Lansing	Mock	Trial	Board	held	                     the	National	Kidney	Foundation’s	2011	Kidney	Walk	this	month.	Team	
the	Lansing	Evidence	Competition,	which	is	a	competition	for	those	                    Cooley	 accounted	 for	 about	 20	 percent	 of	 the	 walkers	 in	 the	 annual	
students	 who	 are	 currently	 in	 Evidence	 or	 have	 already	 completed	             event	and	raised	$5,630.	Overall	there	were	550	walkers	participating,	
the	course.	This	term’s	competition	was	based	on	the	popular	drama	                    and	there	was	$52,575	raised	in	sponsorships	and	walker	money	to	date.
Beverly	Hills	90210,	where	Ms.	Kelly	Taylor,	Ms.	Donna	Martin	and	Ms.	
Brenda	Walsh	were	involved	in	a	vehicle	accident	on	a	New	Year’s	Eve	
night.	Ms.	Martin	died	from	the	accident	and	Ms.	Walsh	was	charged	
with	one	count	of	vehicular	manslaughter.
	 A	 competition	 such	 as	 this	 provides	 students	 with	 the	 dynamics	
of	 trial	 advocacy.	 This	 is	 where	 each	 competitor’s	 skills	 to	 argue	 a	
case	 and	 cross-examine	 witnesses	 are	 practiced	 and	 allows	 them	 to	
learn	and	understand	the	rules	of	evidence.	The	Trinity	2011	Lansing	
Evidence	Competition	winner	was	Thomas	Riley,	with	Alvin	Lee	from	
the	Ann	Arbor	Campus	taking	second	place.
	 I	 had	 the	 opportunity	 of	 witnessing	 Mr.	 Lee	 in	 the	 Preliminary	
rounds	of	the	competition.	As	any	participant	in	Mock	Trial	or	Moot	
Court	Competitions	would	say,	Mr.	Lee	expressed	that	the	most	valuable	
thing	he	gained	from	the	competition	was	experience.	In	his	words,	he	
highlighted	 that	 participating	 in	 the	 competition	 was	 one	 thing	 “no	                                   Team Cooley at the Kidney Walk.
amount	of	studying,	listening	to	lectures	or	planning	can	ever	give	you.	
                                                                                       	 The	 walk	 began	 and	 ended	 at	 Cooley	 Law	 School	 Stadium,	 home	
It	is	one	thing	to	read	about	trials	or	perform	short	exercises	in	a	class,	
                                                                                       of	the	Lansing	Lugnuts.	Walkers	could	do	a	1.3-mile	or	a	2-mile	route,	
but	 it	 is	 an	 entirely	 different	 animal	 to	 throw	 yourself	 into	 a	 hostile	
                                                                                       passing	 several	 Lansing	 landmarks	 along	 the	 way.	 Live	 music,	 games,	
setting	and	put	everything	on	the	line.	It	helps	you	learn	a	lot	about	                crafts	and	prizes	helped	round	out	the	day’s	events.
yourself	and	what	you	are	able	to	do,	as	well	as	develop	self	confidence	              Dr.	 Christopher	 Lewis,	 Director	 of	 Enrollment	 Programs	 and	 Student	
and	grow	from	your	mistakes.”                                                          Services	 for	 Cooley,	 coordinated	 efforts	 at	 Cooley	 with	 a	 group	 of	
                                                                                       students	and	staff.	Lewis	indicated	the	team	effort	raises	awareness,	as	
                                                                                       well	as	funds.
                                                                                       	 “It’s	important	for	the	entire	Cooley	community	to	realize	that	kidney	
                                                                                       disease	affects	so	many	in	and	outside	of	our	campus.	There	are	many	
                                                                                       individuals	living	with	this	disease	in	silence,	and	being	involved	in	this	
                                                                                       walk	is	just	one	way	in	which	Cooley	can	show	its	support.	Cooley	has	a	
                                                                                       history	of	making	a	difference	in	our	local	communities	and	we	hope	to	
                                                                                       continue	doing	this	far	into	the	future.”	
                                                                                       	 Cooley	Law	School	is	the	largest	law	school	in	the	nation.		Founded	
                                                                                       in	 1972,	 the	 private,	 non-profit	 law	 school	 operates	 J.D.	 programs	
                                                                                       across	Michigan	in	Lansing,	Auburn	Hills,	Grand	Rapids	and	Ann	Arbor.	         	
                                                                                       Today,	Cooley	Law	School	has	more	than	15,000	graduates	across	the	
                                                                                       nation	 and	 worldwide	 and	 also	 offers	 joint	 degree	 and	 master	 of	 laws	
                                                                                       programs.		Cooley	offers	enrollment	three	times	a	year;	in	January,	May	
                                                                                       and	 September.	 Additional	 information	 about	 Cooley	 can	 be	 found	 at	
                                                                                       cooley.edu.

               Mock Trial LEC winner Thomas Riley and Judge Vicky Coe.


	 Both	 Mr.	 Riley	 and	 Mr.	 Lee	 had	 some	 advice	 to	 give	 to	 future	
participants	in	the	competition,	which	may	also	be	relevant	to	those	
currently	taking	Evidence,	and	applicable	to	law	students	in	general,	
which	we	may	be	able	to	carry	forward	in	our	professions	when	we	do	
practice.	An	important	key	to	being	successful	at	anything,	especially	
as	law	students	and	in	our	profession	is	preparation	and	due	diligence,	
for	it	pays	off	in	the	end.	As	law	students	we	have	committed	ourselves	
to	be	where	we	are,	and	as	Mr.	Lee	states,	“it	is	paramount	that	you	
put	everything	you	have	into	it,	if	you	choose	to	commit	yourself	to	
something.”	 Because	 by	 choosing	 to	 commit	 yourself	 to	 something	
and	putting	your	all	into	it,	you	thrive	to	be	the	best	at	it	and	it	will	be	
reflected	by	the	work	product.	
	 “Knowing	 your	 rules	 of	 evidence,	 and	 knowing	 why	 they	 exist,”	
is	 a	 helpful	 note	 for	 future	 participants	 and	 those	 currently	 taking	
evidence,	as	they	prepare	for	finals.	“Also	when	looking	through	the	
affidavits	 during	 prep	 time,	 ask	 yourself	 four	 questions	 with	 every	
sentence,	1)	Why	did	the	case	drafters	include	this?	2)	Does	it	help	the	
Prosecutor	or	the	Defense	(or	both,	in	some	cases)?	3)	How	can	I	get	
this	into	evidence	when	I	am	the	attorney	for	the	side	the	information	
benefits?	4)	How	do	I	keep	this	out	of	evidence	when	I	am	the	attorney	
for	the	side	that	is	not	benefited	by	this	information?	These	are	wise	
words	to	take	heed	of,	from	Mr.	Riley.	Not	only	may	they	benefit	future	
participants	 but	 they	 too,	 may	 be	 used	 as	 a	 studying	 tool	 for	 that	
evidence	final,	in	a	few	weeks.	
	 Congratulations	to	Mr.	Riley	for	winning	the	competition	and	Mr.	
Lee	for	second	place.	These	are	two	examples	of	hard	work	and	due	
diligence	paying	off.
10                                                                                                                                                    The Pillar,	July	8,	2011


                                                     CAMPUS NEWS
                          Disaster Relief Legal Association Volunteers in New Orleans
                                                                 Khalilah Reed, DRLA President for The Pillar
While	many	students	were	on	their	way	home	after	finally	completing	                    every	morning	from	their	hotel	in	the	French	Quarter.		In	addition	to	
exams	 in	 week	 15,	 22	 DRLA	 members	 as	 well	 as	 advisors	 were	                  working	hard	students	were	also	able	to	experience	to	unique	culture	
preparing	 to	 travel	 to	 New	 Orleans,	 Louisiana	 for	 the	 week	 of	 April	         of	New	Orleans.				
17-21	 to	 volunteer	 their	 time	 doing	 Pro	 Bono	 Public	 Interest	 work.	   	       	       Students	that	volunteered	at	SLLS	worked	in	the	areas	such	as	
DRLA’s	mission	is	to	gain	practical	legal	and	life	experience	by	serving	               tax,	 foreclosure,	 bankruptcy,	 homelessness	 prevention,	 child	 in	 need	
those	 in	 need.	 	 While	 in	 New	 Orleans,	 the	 mission	 of	 DRLA	 was	              of	 care,	 and	 title	 clearance.	 	 Many	 students	 also	 accompanied	 their	
met.	 	 As	 you	 may	 know	 the	 city	 of	 New	 Orleans	 is	 still	 recovering	         supervising	attorney	to	court	proceedings,	and	did	client	consultations	
from	the	devastation	of	Hurricane	Katrina.	In	addition	to	the	physical	                 and	interviews	at	the	homeless	shelter	in	the	lower	9th	ward.		Students	
devastation	and	mental	devastation	that	the	city	faced,	many	important	                 at	the	Orleans	Public	Defender’s	Office	were	able	to	observe	and	assist	
records	 and	 legal	 documents	 were	 lost	 as	 well.	 	 New	 Orleans	 is	 still	       in	 voir	 dire	 hearings,	 murder	 trials,	 and	 client	 connotations.	 	 Many	
in	 need	 of	 passionate	 individuals	 who	 are	 willing	 to	 volunteer	 their	         students	also	did	jail	visits,	translated	for	some	of	the	Spanish	speaking	
time	to	make	the	city	a	place	where	people	can	call	home.	With	this	                    inmates,	and	transcribed	jail	phone	calls.			Whether	students	decide	to	
in	mind,	students	were	given	the	choice	of	either	volunteering	at	the	                  practice	in	the	private	sector	or	public	sector	this	experience	showed	
Orleans	Public	Defender’s	Office	or	Southeast	Louisiana	Legal	Services	                 them	the	importance	of	helping	people	in	need	and	how	fulfilling	that	
(SLLS).		Nine	students	volunteered	at	SLLS	and	the	remainder	of	the	                    can	be.		The	trip	was	extremely	successful	and	it	is	the	goal	of	DRLA	
students	volunteered	at	Public	Defender’s	Office.		Students	traveled	to	                to	 provide	 Cooley	 students	 with	 more	 life	 changing	 experiences	 like	
their	 worksites	 by	 catching	 the	 Streetcar,	 walking,	 or	 catching	 a	 cab	        these.

                                         Integrity in Our Communities Speaker Series
                                                                 Dionnie Wynter with Dean John Nussbaumer
	 On	Monday,	June	20,	2011,	the	Auburn	Hills	campus	of	Thomas	M.	                       	 Congressman	 Clarke	 credited	 the	 CLEO	 program	 in	 which	
Cooley	Law	School	welcomed	Congressman	Hansen	Clarke	as	the	Trinity	                    he	 participated	 years	 ago,	 with	 helping	 him	 succeed	 in	 law	 school,	
Term	2011	Integrity	in	Our	Communities	Speaker.		This	is	a	lunchtime	                   complimented	Cooley	on	its	commitment	to	graduating	students	who	
lecture	series	offering	students,	staff	and	faculty	an	opportunity	to	hear	             aspire	 to	 public	 service,	 including	 2010	 Cooley	 graduate	 Jacquise	
from	 attorneys,	 judges,	 and	 dedicated	 professionals	 who	 share	 their	            Purifoy,	his	Chief	Correspondent.		He	encouraged	the	CLEO	students	
experiences	on	the	topics	of	ethics,	service,	and	professionalism.		For	                to	consider	attending	Cooley	because	Cooley	values	faculty	members	
this	event	the	Center	for	Ethics,	Service	and	Professionalism	partnered	                with	a	heart	for	serving	the	community,	singling	out	Professor	Florise	
with	Edge	for	Excellence,	a	group	established	by	Cooley	Professor	John	                 Neville-Ewell	in	particular,	for	her	foreclosure	prevention	work.		He	also	
Taylor,	 which	 offers	 mentorship	 and	 encouragement	 to	 law	 students	              gave	credit	to	Cooley	for	the	work	the	school	has	done	in	changing	the	
who	are	men	of	color.	                                                                  image	of	the	legal	profession.		Ethics	and	integrity	were	stressed	and	
	 Approximately	 75	 people	 attended	 the	 event.	 	 On	 hand	 were	                   the	Congressman	reminded	the	students	to	be	themselves.	
students	 from	 the	 Council	 on	 Legal	 Education	 Opportunity	 (CLEO)	                	 Dean	 John	 Nussbaumer	 made	 welcoming	 remarks	 and	 Professor	
College	Prelaw	Summer	Institute	and	current	Cooley	students.			                         John	Taylor	thanked	everyone	for	attending.




      CLEO Pre Law Summer Institute Students and Members of Edge for Excellence                    The Congressman and members of Cooley faculty and administration.
                        and Faculty and Administration.

     The Military Veterans Law Student Association hosted a skeet shoot for their members and friends.
The Pillar,	July	8,	2011                                                                                                                         11


                                                           CAMPUS NEWS
                                                                                                                               Now
                                                                                                                               OPEN




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                                                                           Branch in Downtown Lansing
                                                                                           104 S. Washington Square
                                                                           As a student, faculty, or staff member of Cooley Law School, you
                                                                           are eligible for membership at MSU Federal Credit Union. MSUFCU
                                                                           is member-owned and is pleased to give back to the community.
                                                                           We are a proud sponsor of several Cooley Law School events.
                                                                           MSUFCU members enjoy:
                                                                            • Free checking with Totally Green Checking
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12                                                                                                      The Pillar,	July	8,	2011


                            CAMPUS NEWS
                                                                                             Book Edited by
                                                                                            Cooley Professor
                                                                                              Wins Award
                                                                                       	 Real Property Taxes in
                                                                                       Michigan,	 a	 book	 edited	 by	
                                                                                       Cooley	Law	School	Professor	Gina	
                                                                                       Torielli,	has	won	an	ACLEA	Award	
                                                                                       of	Outstanding	Achievement.
                                                                                       	 The	Association	for	Continuing	
                                                                                       Legal	 Education	 (ACLEA)	 is	 an	
                                                                                       association	 of	 the	 providers	 of	
                                                                                       continuing	legal	education.	It	was	
                                                                                       established	 in	 1964	 and	 includes	
                                                                                       members	 from	 the	 United	 States	
                                                                                       and	Canada,	as	well	as	the	United	
                                                                                       Kingdom,	Australia,	New	Zealand,	
                                                                                       Africa,	and	Mexico.
                                                                                       	 The	 book	 helps	 practitioners	
                                                                                       understand	the	law	and	learn	the	
                                                                                       best	 strategies	 for	 handling	 any	
                                                                                       real	property	tax	matter.
                                                                                       	 The	 Institute	 for	 Continuing	
                                                                                       Legal	Education,	which	offers	the	
                                                                                       book,	states	the	volume	can	help	
                                                                                       readers:

                                                                                       •	   Know	 what	 documents	 and
                                                                                       	    evidence	are	persuasive	to	the
                                                                                       	    local	 assessor	 and	 board	 of
                                                                                       	    review;
                                                                                       •	   Pick	 the	 best	 strategies	 for
                                                                                       	    appealing	 an	 assessment	 to
                                                                                       	    the	 State	 Tax	 Commission	 or
                                                                                       	    Michigan	Tax	Tribunal;
                                                                                       •	   Understand	 what	 triggers
                                                                                       	    uncapping	and	how	to	avoid	it;
                                                                                       •	   Structure	transactions	to	avoid
                                                                                       	    or	minimize	real	estate	transfer
                                                                                       	    tax;
                                                                                       •	   Know	 how	 a	 tax	 lien	 can
                                                                                       	    impact	your	clients’	interest	in
                                                                                       	    real	 property	 and	 how	 to
                                                                                       	    protect	their	interests;
                                                                                       •	   Prepare	 the	 best	 defenses	 to
                                                                                       	    a	tax	lien	foreclosure,	whether
                                                                                       	    at	the	administrative	or	at	the
                                                                                       	    judicial	proceeding

                                                                                       	 Several	 chapters	 of	 the	 book	
                                                                                       were	authored	by	tax	practitioners	


                              (517) 489-3086
                                                                                       who	are	either	Cooley	Law	School	
                                                                                       alumni	 or	 adjuncts	 with	 Cooley’s	
                                                                                       LL.M.	program.	The	book	can	be	
                              email: abbott@dtnmgt.com                                 purchased	 from	 the	 Institute	 at	
                                                                                       www.icle.org.




 HURRY IN FOR
 The Great Apartment Sale                            Pet Friendly

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                                           Patios and Balconies Available
 while supplies last                     DirecTV and Spartan-Net Available
                                                  Walk to Campus

      dtnmgt.com
                                             www.facebook.com/abbottpointeapartments            Professor Gina Torielli.
The Pillar,	July	8,	2011                                                                                                                                               13


                   AUBURN HILLS CAMPUS NEWS
                                             Meet the Auburn Hills SBA Executive Board
                                                                   Philip Kim, Auburn Hills Campus Editor

The	Auburn	Hills	campus	elected	             for	 office,	 she	 responded,	 “I	 was	 SBA Treasurer Andrew Rountree                  SBA Secretary Caitlin Pierce
its	SBA	Executive	Board	for	2011-            not	 ready	 to	 leave	 the	 SBA	 yet,	            (“Drew”)                                    (“Cupcait”)
2012.	 	 The	 “E-board”	 comprises	          and	I	wanted	to	help	the	incoming	
of	the	following	people:                     E-board	using	the	experience	that	
                                             I	had	gained	from	previously	being	
SBA President Anthony Johnson                on	the	Auburn	Hills	E-board.		But,	
            (“AJ”)                           in	fact,	I	feel	that	they	are	doing	
                                             a	 fine	 job	 on	 their	 own.”	 	 Erinn	
                                             is	 currently	 in	 her	 ninth	 term	 at	
                                             Cooley.

                                                   SBA Parliamentarian
                                                Richard E. Shermanski, Jr.
                                                   (“the Shermanator”)



                                                                                       Drew	 is	 from	 Beaumont,	 Texas,	
                                                                                       and	 he	 graduated	 from	 Great	
                                                                                       Lakes	 University	 with	 a	 degree	        Cupcait	     attended	         Oakland	
AJ	grew	up	in	Columbus,	Georgia	                                                       in	 Business	 Administration.	             University	where	she	received	her	
and	 attended	 Thomas	 Edison	                                                         Hence,	 Drew	 became	 Auburn	              degree	 in	 Psychology.	 	 Cupcait	
State	 College	 in	 Charleston,	                                                       Hills’	 current	 SBA	 Treasurer.	      	   was	 appointed	 Secretary	 by	 AJ	
South	 Carolina.	 He	 received	 his	                                                   Drew	 has	 been	 very	 active	 on	         during	this	term,	and	the	Senate	
B.A.	 in	 History.	 	 While	 receiving	                                                campus	since	his	first	term	of	law	        approved	 her	 unanimously.	            	
his	 college	 degree,	 AJ	 was,	 and	                                                  school	at	Cooley-Auburn	Hills.	In	         Caitlin	 was	 previously	 elected	
still,	enlisted	in	the	United	States	                                                  addition	 to	 being	 SBA	 Treasurer,	      class	 senator,	 and	 is	 in	 her	 third	
Air	 Force.	 He	 has	 been	 enlisted	                                                  he	has	served	on	the	Moot	Court	           term	at	Cooley.
for	 six	 years.	 	 AJ	 is	 currently	 in	                                             Board	 as	 the	 Judges	 Chair;	 the	
his	 sixth	 term	 of	 law	 school	 at	       The	Sherminator	is	from	Luzerne	          Mock	 Trial	 Board	 as	 the	 current	      SBA Director of Public Relations
Cooley.	 	 He	 ran	 for	 President	          County,	 Pennsylvania,	 where	            Competitions	 Chair,;	 he	 helped	                 Jessica Lashier
because	 he	 wants	 to	 leave	 the	          he	 previously	 ran	 for	 both	           start	 the	 Intramural	 Sports	                       (“Jess”)
school	 in	 a	 better	 situation	 that	      County	 Commissioner	 and	 State	         Organization;	he	currently	serves	
he	 found	 it;	 meaning,	 AJ	 wants	         Representative.		The	Sherminator	         as	a	T.A.	for	Torts	I;	and	is	also	a	
more	 student	 involvement,	 and	            attended	 Pennsylvania	 State	            R.A.	for	Professor	Aiello.	Drew	is	
better	 communication	 with	 the	            University	 where	 he	 received	          doing	 his	 externship	 for	 the	 U.S.	
administration.	 	 AJ	 recently	 got	        degrees	 in	 Political	 Science	 and	     Attorney’s	 Office	 in	 Detroit,	 and	
married	to	his	wife,	Annelise	(Le	           History.	 	 He	 decided	 to	 attend	      when	 he	 graduates	 he	 plans	 to	
Granger),	on	05/14/2011.                     the	Auburn	Hills	campus	because	          work	as	a	prosecuting	attorney,	or	
                                             he	 claims,	 “That	 is	 where	 all	 of	   in	the	Air	Force	JAG.	Drew	ran	for	
SBA Vice-President Erinn Sams                the	 cool	 kids	 are.”	 	 Shermanski	     SBA	Treasurer	because	“he	wants	
          (“Erinn”)                          decided	to	run	for	Parliamentarian	       to	 make	 a	 difference	 at	 Auburn	
                                             “the	 moment	 he	 was	 born”	 (I	         Hills…	no,	actually,	I	ran	because	
                                             believe	this	to	be	a	true	testament	      Phil	Kim	asked	me	to	do	so,	and	
                                             of	 the	 Sherminator’s	 life).	 	 The	    no	 one	 else	 opposed	 me.”	 	 (I	
                                             Sherminator	 has	 been	 a	 part	 of	      asked	Drew	to	run	because	I	feel	
                                             the	 AH-SBA	 since	 his	 first	 term	     he’s	most	responsible	candidate	to	
                                             at	 Cooley,	 when	 he	 was	 elected	      handle	the	student	funds).		Drew	
                                             Bushrod-Washington	          Senator.		   is	 currently	 in	 his	 sixth	 term	 at	   Jess	 received	 her	 B.A.	 from	
                                             He’s	in	his	fifth	term	at	Cooley.         Cooley.                                    Oakland	 University	 in	 Sociology	
                                                                                                                                  and	 attended	 the	 Auburn	 Hills	
                                                                                                                                  campus	 because	it	 was	closest	 to	
                                                                                                                                  her	house.		Jess	was	captured	by	
                                                                                                                                  the	 excitement	 of	 SBA	 elections,	
                                                                                                                                  and	 she	 decided	 to	 run	 right	
                                                                                                                                  before	the	petitions	were	officially	
Erinn	 is	 from	 Buffalo,	 New	 York,	                                                                                            due.	 	 This	 is	 Jess’s	 second	 term	
and	 she	 graduated	 from	 SUNY-                                                                                                  involved	 with	 the	 SBA,	 and	 she	
Buffalo	with	a	B.S.	in	Mathematics.	 	                                                                                            decided	 to	 get	 involved	 because	
Erinn	chose	to	attend	the	Auburn	                                                                                                 she	 wanted	 to	 get	 more	 involved	
Hills	campus	because	it	was	closest	                                                                                              with	 student	 organizations	 on	
to	 her	 home.	 	 Last	 year,	 Erinn	                                                                                             campus.	 Jess	 is	 currently	 in	 her	
was	 the	 SBA	 Director	 of	 Public	                                                                                              ninth	term	at	Cooley.	
Relations,	 and	 is	 currently	 the	
only	 returning	 E-board	 member.	   	
When	I	asked	Erinn	why	she	ran	
14   The Pillar,	July	8,	2011
The Pillar,	July	8,	2011                                                                                                                                    15


                                                     CAMPUS NEWS
              Understanding the Process:                                            The Red Cross Taps into Delta Theta Pi
             The Importance of Mediation                                                    and Cooley – Literally
                           Thomas Angelillo, Staff Writer                                                           Herold Jemison, Staff Writer

     If there is anything that I have learned from law school it’s the                Over the past several months one would be hard pressed to turn on a
importance of understanding the process. Although mediation is not a direct      television or read a newspaper article or more accurately, web feed or tweet,
application of the law, it is a valuable tool in reaching resolution in almost   not read about natural disasters wrecking havoc and destruction across the
every type of legal matter that comes your way. As the economy continues         nation and around the world. Graphic imagery of demolished homes or
to be depressed it is no wonder mediation has become a hot commodity,
                                                                                 sensational pleadings for financial help are but two factors of the aftermath.
showcasing its ability to reach resolve without the costly fees associated
                                                                                 Injured survivors of disasters often times need whole blood replacements.
with litigation. As the economy changes professionals must change as well.
Clients are pursuing litigation less and are seeking cheaper alternative ways    The American Red Cross is one of the primary organizations that help
to reach resolution. The answer to this economic change for law students         meet this need, often by teaming up with other community organizations to
and attorneys is mediation training.                                             coordinate co-sponsored blood drives.
     Mediation is a very extended and detailed process but involves no legal          Cooley’s Delta Theta Phi usually hosts a drive each term in conjunction
knowledge. It is more about finesse and composure then anything else.            with the American Red Cross of the Great Lakes Region, around week 10
Everyone is familiar with the age-old saying that “actions speak louder than     or 11. However, in response to an increased need of whole blood units the
words”; well those words couldn’t be truer. During mediation both parties        drive was moved up to week 7. On Monday June 13th from 12pm - 6pm,
want an equal bite at the apple. They don’t want to feel that the mediator is
                                                                                 students, faculty and staff had the opportunity to stop by room 911 of the
bias or pre-determined in there solution. As law students this is a difficult
                                                                                 Cooley Center to make a whole blood donation. The collection goal for this
task to undertake. We are trained from the very first day to think critically,
systematically and to reach a logical conclusion. You must separate your         drive was 33 units of useable whole blood. According to Kayla Byrd, Delta
desire to find the right answer, and replace it with the desire to come to an    Theta Phi Dean and Drive Coordinator, 37 potential donors showed up to
agreement that both parties can live with, because in mediation there is no      the drive and 31 useable units of whole blood were collected. This number
logical legal conclusion or right answer. The resolution, which is potentially   is slightly down from last terms 36 units collected but is still a respectable
reached, is one that both parties would subsequently think is best, based        number considering this is summer.
on the nature of their conflicting interests in the dispute. The role of the          Monica Stoneking, (Communications Manager for the Great Lakes
mediator is not as an award giver, as a judge is traditionally understood to     Region of the American Red Cross), says that summer months are typically
be. A mediator is simply present as a facilitator of two disputing parties’
                                                                                 difficult for collection of whole blood units. Vacations and increased
negotiations. In other words, it is a third party assisted negotiation, and
                                                                                 outdoor activities, contribute to decreased numbers at the draw centers. To
searches not for truth but for acceptable resolution.
     To understand the process a mediator must first formulate their             help continue to meet the needs of hospitals, the Red Cross is reaching out to
introduction. This serves as a roadmap on what the parties will be engaging      community members and asking for donations. Ms. Stoneking mentions that
in throughout the mediation. An example of such an introduction would be:        at times people don’t necessarily think of donation in terms of immediate
           Welcome. It is nice to finally meet you two in person. My             need which is understandable unless they have been directly impacted by
       name is Thomas Angelillo and I am a third year law student                such a need. This is why collaborated efforts with community organizations
       at Thomas M. Cooley Law School. I will be conducting this                 (such as churches, schools, and other businesses) are key to the Red Cross’
       mediation today. I commend the two of you both, for choosing              collection totals. These collaborations help increase community awareness
       mediation as a possible alternative to litigation.
                                                                                 of donation needs without which (according to Ms. Stoneking), the Red
           In participating in this mediation each party will be provided
                                                                                 Cross would not be able to sustain the procurement of life-saving whole
       a pen and piece of paper. While the other party is talking, please
       take notes so that no party is interrupted, this way every party          blood.
       will calmly be heard.                                                          In terms of immediate need, blood types B- and O- are in urgent demand.
           I do encourage you to talk to each other, just not over one           B- is very rare [only found in 2% of Caucasians, 1% of African Americans,
       another. If, during the mediation there are threats that I believe        1% of Hispanics and only 0.4% of Asians]1. O- is the universal blood type
       are creditable or threats of great bodily harm, then I must disclose      and in instances of extreme emergency, can be given to any patient without
       them to the courts. Also if information comes to light that has           having to first test them for blood type. The Red Cross would like to implore
       not been disclosed before then this information may become                individuals with these blood types to make a donation, as it may help save a
       discoverable as well.
                                                                                 life. For those unaware of their blood type, making a donation is an excellent
           Otherwise, this meeting is confidential and no information
                                                                                 way to find out and is useful information for one’s own personal medical
       unless specified above will be revealed from this meeting. There
       will be no surprises.                                                     knowledge.
           I want to make it clear that I am not here as a judge or a                 This summer, as an additional incentive the Red Cross of the Great Lakes
       decision-maker. I do not have that power or capacity in this              Region has partnered with Meijer and Best Buy to offer donors the chance to
       setting and further am not entitled to this opinion.                      win one of several gift cards. Donors have the opportunity to win a $125 gas
           Overall, this is an agreement that you will come too together,        card or $200 grocery card from Meijer, or a $500 gift card from Best Buy-
       and I am here to facilitate this. Each of you will get a copy of this     -drawings to be held at the end of each of the summer months. Donations
       agreement, if one is reached, and it is binding upon you signing it.      can be made at the American Red Cross’ donation center at 1729 E Saginaw
     Once the process is underway, you as the mediator must control the
                                                                                 in Lansing, MI, or to find a donation center or blood drive near you visit
situation and know that sometimes there are deeper underlying issues between
                                                                                 www.redcross.org and enter your zip code for a convenient location.
the parties that stall the process. In a deadlock, you as the mediator want to
facilitate mediation with the strategic move of calling a caucus in assisting         The American Red Cross is one of the nations primary emergency response
parties to come to their own agreed resolution. Either a party or mediator       organizations, offering assistance during disasters both domestically and
that is involved in the dispute can call a caucus. Caucuses are meetings with    internationally. For additional information about the American Red Cross,
each party that individually seeks out what lies at the root of the party’s      visit their website at www.redcross.org.
emotions and their interactions with each other to get to resolution.                 Delta Theta Phi is a legal fraternity whose mission statement is “To
     Overall, Mediation is a very detailed process and this article is just a    foster lifelong friendships and professional affiliations through legal
snapshot of what training and being a mediator is all about. As mediators        education, international networking and mutual respect.” In addition to the
we are expected to exhibit preparedness, confidence and impartiality when
                                                                                 blood drive DTP coordinates a variety of academic, philanthropic and social
utilizing this process for it to successfully work. Mediation has become a
                                                                                 events throughout the school year. For additional information on DTP, visit
great tool to be able to offer clients in our current economic time. As law
students we must recognize the importance of the economic trends and how         them on the portal or contact them via email at deltathetaphi@cooley.edu.
it impacts our careers. The use of mediation training is one way of moving
                                                                                 1			http://www.redcrossblood.org/learn-about-blood/blood-types
with this changing tide.
16   The Pillar,	July	8,	2011

				
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