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					Colbert and Stewart Rally                                                              Dont Ask, Dont Tell, A Marine’s
  in Washington D.C.                                                                    Perspective
                Page 8




School of Law Newspaper Since 1970                                   Tuesday, November 16                                                                  Volume 41 Issue 2




Judge Ware Promoted to Chief
Jessica Jackson                             us how you were chosen for this posi-     The Ninth Circuit Judicial Council.            ment oversight. Regarding strategic
                                            tion?                                     Thus, in addition to serving as Chair          leadership, I will be situated to lead
    You might                               A. The position is open to the most se-   of meetings of the District Court, I           the District Court in determining
see him stroll-                             nior active District Judge of each Dis-   will also serve as a member of the             administrative policies and actions
ing through the                             trict. The Administrative Office of the   Ninth Circuit Judicial Council.                the Northern District should initiate,
student lounge                              U.S Courts has designated many op-        Q. What additional duties will this job        continue, or discontinue. The Chief
on a Monday                                 erational tasks to the various District   have?                                          Judge, primarily through oversight of
or Wednesday                                Courts                                                                   A. The          the court executives, ensures that the
evening. Or maybe you had him as            and the                                                                  Chief           Court operates effectively. This re-
a professor and are familiar with his       Chief                                                                    Judge’s         sponsibility includes making sure that
big smile and complex power point           Judge                                                                    official and    laws, regulations, and court policies
presentations. Maybe you’ve even            oversees                                                                 unofficial      are followed, that the needs of court
been one of his externs. Judge Ware         these op-                                                                responsi-       employees are properly addressed, and
is an invaluable part of the Santa Clara    erational                                                                bilities fall   that administrative tasks are carried
Law community and we have recently          functions.                                                               into sev-       out.
learned that he has been promoted to        The Chief                                                                eral basic          In terms of case management
Chief Judge of the Northern California      Judge                                                                    categories;     oversight, statutes and rules provide
District Court beginning next year. I       is also a                                                                strategic       the Chief Judge with limited author-
was lucky to speak to Judge Ware and        member                                                                   leadership,     ity over the Court’s assignment of
hear from him first hand about the          of the                                                                   Court man-      cases. However, I will be responsible
promotion.                                  governing                                                                agement         for monitoring caseloads and trends
Q. We have all heard about you              author-                                                                  oversight,      and trying to identify problems- either
becoming Chief Judge when Judge             ity for the                                                              and case        See JUDge WaRe, Page 9
Walker leaves the court, can you tell       Circuit,                                       Courtesy of Nikki Corliss manage-



2010 Midterms: The More Things Change...
Marc Wiesner                                    Forty-one-point-five percent of       in 2008 has new responsibilities. With           century: the budgetary super-majority.
    The state                               total eligible voters turned out No-      the passage of Proposition 20, and an            California now joins the 40-plus states
known for lib-                              vember 2, up from 2006’s 44 percent       almost 60 percent rejection of Propo-            allowing a budget to pass by a simple
eral leanings has                           turnout.                                  sition 27, which would have eliminat-            majority vote.
become a bit more                               One area where the youth vote         ed the Commission, the Commission                    However, in the same breath, vot-
blue. Having a                              was thought to be key was the pass-       will now be redrawing California’s               ers approved Proposition 26. Prop. 26
Governor known                              ing of controversial Proposition 19.      congressional district boundaries. This          requires state and local fees to muster
as much for his                             Prop. 19, which would have legalized      takes the traditional responsibility of          super-majority approval because,
movies as his politics had some perks.      the sale and tax of marijuana, failed     drawing congressional districts out              under Prop. 26’s amendments, fees
Brown’s defeat of the well-funded           by more than a half-million votes.        of legislative hands and gives it to a           are now considered taxes. Why might
Whitman wagon is a welcome relief           According to Professor Uelmen, who        14-person Commission. Any Califor-               voters have made it easier to pass a
to the 4,040,873 Californians vot-          teaches Criminal and Drug Abuse Law       nia voter who has maintained the same            budget while more difficult to pass a
ing to bring Brown back. After more         at Santa Clara Law,                                                                             fee? Members of the “No on 25
than 30 years out of office, this will      Prop. 19 lost a lot of                                                                          / Yes on 26” Coalition are prob-
be Brown’s third term as California’s       support by prohibit-                                                                            ably wondering the same thing.
Governor. Mayor of San Francisco,           ing employers from                                                                              Interestingly, the largest Coali-
and Santa Clara alumnus, Gavin              discriminating against                                                                          tion contributor was Chevron
Newsom will be joining Brown in             users without proof it                                                                          with 3.25 million dollars. While
Sacramento as Lieutenant Governor.          actually impairs job                                                                            debate continues over whether the
To date, Brown’s former position as         performance.                                                                                    double-yes vote reflects a lack of
Attorney General is still too close to          “That suggests the                                                                          understanding of the propositions
call. Just a fraction of one-percent sep-   employer would have                                                                             or general dissatisfaction with
arates Democrat Kamala Harris from          to wait for an accident                                                                         government business, any result
Republican Steve Cooley. Results may        to happen,” explains                                                                            indicating money does not buy
not be out until the official deadline      Prof. Uelmen, who                                                                               votes is laudable.
for counting—November 30.                   suggests a showing                                                                                  Proposition 22 passed as one of
    This election cycle saw the youth       of “potential impact”                                                                           the most approved propositions.
vote take a surprising downward turn.       would be sufficient.                                                                            Prop. 22 stops the Legislature in
While voter turnout during midterm          While its 1.4 billion                                                                           Sacramento from borrowing from
elections never reaches levels seen         dollars in estimated                                                                            local government treasuries. So,
during presidential years, what Time        tax revenue was a                                                                               even if it is more difficult to pass
magazine called the “Year of the            contested number,                                                                               a fee, at least more taxes will be
                                            research from the                                                     Courtesy of Nikki Corliss available to pay city expenses.
Youth Vote” in 2008 seems accurately
exclusive to the 2008 election. Though      RAND Corporation estimated its pas-       party affiliation for five years and has         Two other failing Propositions,
overall voter turnout increased slightly    sage would have lowered the street        voted in two of the last three statewide         Prop. 21 which would have levied
in 2010 over the last midterm vote in       price of marijuana by up to 80 percent,   general elections may be eligible.               an eighteen-dollar-per-year vehicle
2006, only 20 percent of registered         at least temporarily decreasing the          As for the financial propositions,            licensing surcharge earmarked for
voters under age 30 cast their ballot       flow of illegal drugs into California.    the passage of Proposition 25 ends a             state parks, and Prop. 24, which would
on November 2; down from almost 25              The California Citizens Redistrict-   California tradition that’s been carry-          have prevented about one-point-three
percent in 2006.                            ing Commission that Prop. 11 created      ing on for nearly three-quarters of a
                                                                                                                                     See eLeCTIONS, Page 2
2 / News                                                               THE ADVOCATE                                                                     November, 2010

               STAFF

           Editor-in-Chief
                                         State, Nation and World Report
           Dominic Dutra                        STATE & LOCAL             Santa Clara County Ex-           allow those suffering from       expelled from school in
                                         Happy Meal Toys Banned           tends Smoking Ban                pre-determined “debilitating     Pennsylvania’s Lancaster
        Managing Editor                      The City of San Francisco       Santa Clara County ap-        diseases” to grow a specified    County for hitting another
         Nikki Corliss                   recently banned the use of       proved an extensive smoking      number of plants or purchase     student without provocation.
                                         toy giveaways in children’s      ban last week. The County        two and one half ounces of       Gosselin of reality televi-
                                         meals with low nutritional       supervisors approved the ban     marijuana every two weeks.       sion show John & Kate Plus
  Executive Managing Editor
                                         value. Beginning in 2012,        that would prohibit smok-        California was the first state   8 says she plans to home-
         Martin Behn
                                         kids will no longer receive      ing in apartments, condo-        to do so in 1996.                school both children. Gos-
                                         a free toy with their happy      miniums, townhouses, and                                          selin was reportedly “embar-
            News Editor                  meal. Santa Clara County         outdoor restaurant areas.              INTERNATIONAL              rassed” by the incident.
           Lyndsey Eadler                passed a similar ordinance in       This ban will take effect     Scale Down of Troops in
                                         spring 2010.                     in 14 months. The supervi-       Afghanistan Announced            Sarah Palin Reality Show
 Feature/ Entertainment Editor               “McDonald’s use of toys      sors are also expected to meet       The Obama administra-        Premiers
          Robyn Morris                   undercuts parental authority     to discuss imposing further      tion revealed its plan to wind       Sarah Palin’s new show,
                                         and exploits young children’s    taxes on businesses that sell    down troop deployment in         Sarah Palin’s Alaska re-
           Opinion Editor                developmental immaturity —       tobacco during their Nov. 23     Afghanistan and begin trans-     cently premiered on TLC.
           Alex Nowinski                 all this to induce children to   meeting.                         ferring security duties in se-   The docu-series attempts to
                                         prefer foods that may harm                                        lect areas. The plan consists    portray the Palin family amid
                                         their health. It’s a creepy                NATIONAL               of several phases, spanning      the beautiful wilderness and
          Staff Writers
                                         and predatory practice that      Arizona Approves Medical         a four-year period. The plan     wildlife of Alaska. The pilot
         Gregory Williams                warrants an injunction,” says    Marijuana                        is supposedly modeled of the     episode, “Mama Grizzly,” re-
          Janavi Nayak                   the Center for Science in the       Arizona became the 15th       approach taken near the end      portedly portrayed the former
            Hieu Tran                    Public Interest’s litigation     state in the nation to approve   of the Iraq War in 2007.         Alaskan governor and family
            Amy Askin                    director Stephen Gardner.        medical marijuana this No-                                        in a positive light. However,
                                         Mayor Gavin Newsom may           vember. Arizona’s Prop 203        PURE ENTERTAINMENT              the episode did contain a sub-
         Guest Writers                   veto the ban.                    passed by a narrow margin,       Gosselin Children Expelled       plot wherein Palin strongly
       Matthew Clendenin                                                  winning by fewer than 5,000         Two of Kate Gosselin’s        criticized the media.
        Matthew Dedon                                                     votes. The measure will          six-year-old children were



                                         Refund, Please: Boston College
         John-Paul Deol
         Jessica Jackson
     Prof. Bradley Joondeph
      Rohit K. Pothukuchi

           Editor Emeritus
            Allonn Levy
                                         Law Student Wants a Do-Over
                                         Robyn Morris                                    Santa Clara 3L Cameron Cole can
The Advocate is the student news and         Law student                             understand the student’s fears but be-
  literary publication of Santa Clara    frustrations are                            lieves requesting a refund at this stage
 University School of Law, and has       coming to a head                            of school is not the solution:
a circulation of 1,000. The Features,    during a time of                               “The BC student’s letter simply un-
Opinion, & Entertainment sections of     dismal job pros-                            derscores the plight and added stress
The Advocate are articles that reflect   pects and unnerv-                           law students are currently facing.
the viewpoint of the authors, and not    ing certainty about                         However, I also believe that request-
 the opinion of Santa Clara Univer-      the future. With mounting debt and          ing your tuition back due to dismal
sity, The Advocate or its editors. The   disheartening employment statistics,        job prospects is frankly absurd. In
 Advocate is staffed by law students.    law students are grasping at straws         the simplest sense, it’s analogous to
Printing is contracted to Fricke-Parks   and looking for someone, anyone, to         eating 3/4 of a meal that you willfully
    Press of Union City, California.     blame for their current situations.         ordered at a restaurant and then asking
                                             Recently, a 3L at Boston College        for a refund. Not because the food
Article submissions to The Advocate      Law School has made a creative, if          was inadequate, but rather you simply
 are encouraged and welcomed from        not desperate, attempt to erase the last    changed your mind.”
all law students, faculty, alumni, and   three years. In dire straits due to mas-        This incident is one of many recent      ativity, initiative, and persistence are
  administrators. Please contact the     sive debt, a baby on the way, and no        stories of law students lashing out at       indispensable for a successful career,
Editor-in-Chief about format require-    pending job offers, the student wrote a     the legal education system that’s often      perhaps now more than ever. And the
 ments and submission dates. Letters     letter to Interim Dean George Brown         been dubbed a “scam.” However,               path to accomplishing goals is rarely
to the Editor are encouraged. Letters    with an interesting proposition. The        instead of pointing fingers, now is the      smooth. Cole agrees.
  should not exceed 250 words. All       student offered to leave Boston Col-        time for the current generation of law           “Stuff happens. That’s life.”
submissions are published at the sole    lege without a J.D. in return for a full    students to prove their worth. Cre-
 discretion of The Advocate and may
                                                                                       Midterm Elections Review
                                         refund of his tuition. Citing “empty
  be edited for length, grammar and      promises of a fulfilling and remunera-
                clarity.                 tive career” and a less than helpful
                                         career services department, the student            CONTINUeD fROm Page 1                 growth in Green. Most funds support-
If interested in placing an advertise-   argues his premature departure would        million dollars in business tax cuts         ing Prop. 23 came from Texas refin-
   ment with The Advocate, please        actually benefit the school since his       seem to echo Prop. 22’s message: Do          eries while the opposition underdog
contact the Editor-in-Chief by e-mail    lack of legal employment will not be        more with less.                              found citizen contributions, which
 for advertising rates. The Advocate     factored into the law school’s ranking.         Overall, what do these budget            out-funded supporters almost eight-
  reserves the right not to accept an        The Dean, perhaps unsurprisingly,       measures look like? Is this Califor-         hundred-to-one.
    advertisement for any reason.        was not amenable to the idea. Brown         nia conservatism in tough economic               Was there a biggest winner? Con-
                                         acknowledged the challenges faced by        times? Less excuses from Sacramento,         sultants and media groups may have
                                         law students in one of the most diffi-      less charging, less borrowing, more          been grinning slightly as confetti was
     Santa Clara University              cult employment climates in 70 years,       earning?                                     swept and the last hand shaken. This
          School of Law                  but noted that the institution never            The largest rejection is certainly       year’s slight increase in voter turnout
       500 El Camino Real                guaranteed a job after graduation.          worth mentioning. Proposition 23             was far from free. Midterm spend-
   Santa Clara, CA 95053-0426            Instead, the school merely promised to      failed by more than 1.7 million votes.       ing rose more than one-billion dollars
                                         provide the best education they could       Prop. 23 would have suspended the            over 2006, according to The Center
                                         to assist the budding lawyers. Brown        Global Warming Solutions Act until           for Responsive Politics, with total
     Contact The Advocate at
                                         was sure to enumerate the steps taken       unemployment stayed below 5.5                spending by candidates, parties, and
    SCUAdvocate@gmail.com
                                         by the school to aid students in their      percent for four consecutive quarters.       interest groups reaching almost four-
                                         job search including individual coun-       Supporters of Prop. 23 spent about           billion dollars. Holding the record was
                                         seling sessions, public interest inter-     eight million dollars telling people go-     Meg Whitman. Harvard might want
           Copyright 2010.               view programs, and expanding the            ing Green(er) would stunt job growth.        that MBA back.
                                         career services office to accommodate           In contrast, Californians heard a
                                         growing demand.                             35 million dollar message espousing
November, 2010                                                                  THE ADVOCATE                                                                            News / 3



Supreme Court To Decide Fate of
Violent Videogames                                                                                         Russell is correct. An
                                                                                                        unbroken line of State and
                                                                                                        Federal cases denying the
                                                                                                        State’s ability to regulate the
                                                                                                                                          Court to hold for the State in this case,
                                                                                                                                          they would be creating a new category
                                                                                                                                          of unprotected speech,” says Gulasek-
                                                                                                                                          aram.
Matt Dedon                                     ciation, then known as the Video Soft-        sale of violent videogames indicates            The Supreme Court has been
                                               ware Dealers Association, opposed             that the trend will continue. But the
   On November                                                                                                                            loathe to narrowing the rights of free
                                               the law, and an injunction was quickly        mere fact that the Supreme Court has
2, the Supreme                                                                                                                            speech in the past. Perhaps the big-
                                               granted. A permanent injunction was           heard Entertainment Merchants has
Court heard oral                                                                                                                          gest hurdle that the 2005 regulation
                                               granted in 2007 based on free speech          raised some eyebrows.
arguments in                                                                                                                              has to overcome is confining itself to
Schwarzenegger                                                                                                                            the videogame medium. Should the
v. Entertainment                                                                                                                          law pass, what would stop the state
Merchants, a case                                                                                                                         from banning violence in other forms
that may affect                                                                                                                           of media? Members of the Supreme
the future of videogames in America.                                                                                                      Court expressed concern over this
Entertainment Merchants concerns                                                                                                          issue during oral arguments. Justice
a series of California laws passed in                                                                                                     Scalia expressed his concern to the
2005 that aim to regulate the sale of                                                                                                     State: “Some of the Grimm’s Fairy
violent videogames to minors. These                                                                                                       Tales are quite grim. Are they OK?
laws impose a rating system which                                                                                                         Are you going to ban them too?”
requires a 2x2” sticker to be posted                                                                                                         The State has had a hard time
on the front of cases for videogames                                                                                                      proving any sort of causal relationship
deemed excessively violent. Further,                                                                                                      between violent videogames and harm
the law makes it criminal to sell such                                                                                                    to minors. Although studies have
games to minors.                                                                                                 Courtesy of Matt Dedon   shown a correlation between video-
    These laws were originally drafted         concerns. The State appealed to the               “We’re all wondering why the             games and aggressive behavior, the
in 2005 by Leland Yee, a California            federal court and was recently heard          Supreme Court took the case.” Rus-           scope of the studies has not been large
Senator and child psychologist, who            by the Ninth Circuit in 2009. The             sell remarks.                                enough to show violent tendencies or
was concerned about the effects that           lower court’s decision was affirmed.              The Supreme Court presented two          harm among all minors that play vid-
violent videogames have on minors.                 Riley Russell, General Counsel            issues to both parties:                      eogames. The Merchants Association
The laws were eventually codified              for Sony, commented that the lower            Is the State barred from restricting the     has put forth its own studies showing
in the California Civil Code sections          court’s decision wasn’t particularly          sale of violent videogames to minors         that videogames cause no such ten-
1746-1746.5.                                   surprising.                                   by the First Amendment?                      dencies or harm among minors.
    In an industry where first-day prof-           “This isn’t the first time a case like    If the violent videogames are protect-          The Merchants Association also
its of a game can top the total earnings       this has appeared. Other states have          ed under the first amendment and the         strongly argues that videogames al-
of most motion pictures, this regula-          tried to pass similar laws and every          standard of review is strict scrutiny,       ready have competent regulation. The
tion was a huge concern. Less than a           time it has been ruled unconstitutional       is the state required to demonstrate         Entertainment Software Ratings Board
month after the law went into effect,          as a free speech violation,” says Rus-        a causal link between violent video-         (ESRB) is a self-regulatory organi-
the Entertainment Merchant’s Asso-             sell.                                         games and harm to minors before the          zation that has existed since 1994.
                                                                                             state can prohibit the sale of violent       Similar to the regulatory body of the

Zoom in SCU’s Zipcars                                                                        games?
                                                                                                 Professor Gulasekaram, a constitu-
                                                                                             tional law instructor at SCU, explains
                                                                                                                                          movie industry, the MPAA, the ESRB
                                                                                                                                          assigns age and content ratings to
                                                                                                                                          games. All videogames sold through a
Hieu Tran                                      car might not be as hard as you think.                                                     retail outlet are marked by the ESRB,
                                                                                             that the key case the State has relied
                                               Through SCU, Zipcar brings conve-                                                          denoting which age group the game is
                                                                                             on is Ginsburg v. State of N.Y. There,
    Reducing your                              nient transportation right to Bannan                                                       appropriate for. The issue of violence
                                                                                             the Court held that the State had a
carbon footprint                               Hall’s doorstep--literally. After a $35                                                    in videogames is one that the ESRB
                                                                                             right to protect minors from obscen-
in the Bay Area                                yearly membership fee, Santa Clara                                                         has long been aware of. “I’m very
                                                                                             ity, defined as sexual materials. In
can be pretty easy                             students can become a Zipcar member                                                        proud of the industry because they
                                                                                             Entertainment Merchants, the State is
when you have                                  and access a Honda Insight, a Toyota                                                       stepped up and flagged this issue.”
                                                                                             attempting to regulate violence, which
BART, Muni, AC                                 Prius or Matrix. With your magnetic
                                                                                             currently does fall under First Amend-
Transit, and CalTrain. However, these          membership card, you can access the                                                        See VIDeOgameS, Page 4
                                                                                             ment protection. “Were the Supreme
earth friendly resources are just not          cars parked in the visitor parking lot
as prevalent in the South Bay. Sure,           next to the parking structure.
there are VTA trains in downtown San               Aside from the membership fee,                               SUDOKU CHALLENGE
Jose, and a decent bus system, but it          (which is applied as a credit toward
simply does not measure up to the op-          reservations in your first month), the
tions further up the 101 and 880.              rental rates are $8 per hour or $66
    We may not be like UC Davis                per day (Monday - Friday) and $9
or UC Santa Cruz, but Santa Clara              per hour or $72 per day (Saturday
does have our fair share of bikers and         through Sunday.) Unlike traditional
skateboarders cruising to and from             rental places where you need to be
campus. The rest of us are devoted to          25 years of age, you only have to be
our four-wheeled gas guzzlers be-              20 to get a         Zipcar. The best part
cause we cannot                                                    of Zipcar is that the
imagine getting                                                    gas is INCLUDED.
groceries in the                                                   There is no deposit or
rain or learn-                                                     commitment to use the
ing to navigate                                                    cars with your mem-
the surrounding                                                    bership, but the cars
areas using the                                                    are there if you need
sparse public                                                      them. Cars may be
transportation                                                     driven up to 180 miles
available. Let’s                                                   per day (each addi-
not forget the                         Courtesy of Nikki Corliss tional mile is 45 cents).
laptop, casebooks, and supplements             Day trips are completely feasible with
we lug around all day. Living and              the City only about 40 miles away, or
working close to campus might solve            Napa which is about 80 miles. With
these issues, yet Northern California          airline ticket prices on the rise, road                           reTracTioN From LasT issue
offers so much within driving distance         trips might be the way to go...plus as          iN The LasT issue a FroNT page sTory was iNaccuraTeLy TiTLed “my
that a car can come in pretty handy to         the Bar Exam, debt repayment, and               cLieNT’s LasT miNuTes oN deaTh row.” cLearLy ms. JacksoN, as a
run errands or to relieve all that stress      the real world looms closer for some           sTudeNT, caNNoT represeNT cLieNTs yeT. The headLiNe was a creaTioN
from the school week.                          of us, the opportunity for fun is dwin-       oF The advocaTe, aNd we apoLogize For misrepreseNTiNg ms. JacksoN,
    Getting around without owning a            dling by the day.                                                  aNd her sTory iN This maNNer.
4 / Feature                                                                  THE ADVOCATE                                                                 November, 2010



Ochoa Gives First-Sale Crash Course
Rohit K. Pothukuchi                         applies to a ‘copy’ of the software, and     an original work of art is sold, the art-   academic debate concerning the first-
                                            the word ‘copy’ is defined as a mate-        ist must be paid a certain percentage       sale doctrine. One of the economists
    Q. Can you de-                          rial object in which the work is fixed.      of the sales price. In California, an       presented data estimating the eco-
fine the doctrines                          Thus, the question is whether there          artists resale royalty right is present     nomic effect of the doctrine, and found
of first sale and                           has been a “sale or other transfer of        in Cal. Civil Code 986. However this        that for books, the consumer welfare
exhaustion for                              ownership” of the copy, or whether           statute is rarely enforced, and most        generated by the sale of used books
us, and tell us a                           there has been a “rental, lease, or          artists aren’t even aware of it.            vastly outweighed the harm to copy-
little bit about the                        lending” of the copy. The court as-          Q. In your opinion is the First-Sale        right owners; but for used CDs, there
history of these                            sumed that a license was similar to          Doctrine a good thing? Does it re-          was much greater harm to the copy-
doctrines?                                  a rental, lease or lending, instead of       quire any changes?                          right owners. There was also vigorous
    A.“Essentially, if you purchase a       looking at the economic reality of the           I am a big fan of the first-sale        debate between those who thought
patented article, a copy of a copy-         transaction.                                 doctrine. I think it is good for consum-    that End User License Agreements
righted work, or a good bearing a               The same Ninth Circuit panel that        ers and good for society. However,          should be enforceable as copyright
trademark, then you own that particu-       decided Vernor has two additional            at the conference we sponsored last         infringement, and those who think that
lar article, copy, or good. You can         first-sale cases pending. One is UMG         Friday on the doctrines of exhaustion       the court should look at the economic
use it for your own purposes, and you       v. Augusto, where the district court         and first-sale, there was a vigorous        realities of the transaction.”


                                                                                         Lounge Larceny:
can sell it without the permission of       held that used CDs that bore a label
the owner of the intellectual property      For Promotional Use Only; Not for
right. The owner of the intellectual        Resale” could be resold without
property exhausts his or her right of       permission, because the unsolicited
distribution in a tangible object by
selling you that object.
    The doctrines are useful for two
reasons: It defines the scope of the
                                            distribution of an items is a gift, and
                                            therefore a transfer of ownership.
                                                Yet another difficulty is ‘cross
                                                                                         Myth Busted                                 Pepsi was prominently placed in the
                                            border exhaustion.’ Is the IP exhaust-       Matthew Clendenin
intellectual property right. It enables     ed when the owner sells the goods                                                        fridge. While not going so far as to
                                                                                             With the state                          install electronic surveillance (I hear
secondary markets in used articles,         outside of the US? Here, the three dif-
                                                                                         of the economy,                             its inadmissible evidence anyway), I
copies, or goods.                           ferent doctrines have diverged.
                                                                                         chances are you                             feverishly checked on the test subject
    This is good for the buyer, because         The Federal Circuit has held that
                                                                                         know a friend                               several times a day. On Friday, I was
there is no restraint on the alienation     patent rights are exhausted only upon
                                                                                         affected by office                          enjoying the liquid benefits my test
of the property. The doctrine also          first sale in the US.
                                                                                         fridge theft. In                            subject had preserved for the entire
helps regulate the cost of goods, be-           For trademarked goods, importa-
                                                                                         fact, studies show                          week – free of theft.
cause it forces new goods to compete        tion of goods bearing the trademark
                                                                                         that a growing                                  Before drawing any hasty conclu-
with used ones.                             is permitted if they were sold by the
                                                                                         percentage of employees are willing to      sions, and to bolster research integrity,
    The first copyright case where the      U.S. trademark owner, or if the foreign
                                                                                         pilfer your hard-earned edibles.            a second week-long experiment was
first sale doctrine is seen is Bobbs-       trademark owner is under “common
                                                                                             But does this epidemic of dishon-       conducted. This time, perhaps in
Merrill Co. v. Straus in 1908. In that      control” with the U.S. trademark
                                                                                         esty affect our law school? With the        violation of SCU’s pack with the Pepsi
case, Bobbs-Merrill, the publisher          owner, and the goods are not physi-
                                                                                         recent addition of a communal fridge        devil, a single, unmarked, Diet Coke
of a book, printed a condition on the       cally and materially different from
                                                                                         to the student lounge, Santa Clara has      was placed in the lounge fridge. By
back of the title page of a book that       the goods sold in the U.S. Even if the
                                                                                         been put to the test. In fact, faculty      the end of the week, the results were
it could not be sold for less than $1.      goods are physically and materially
                                                                                         already report infrequent but chronic       the same; an un-stolen, cold beverage.
Straus, the defendant, was the owner        different, the Customs Service permits
                                                                                         thefts from the fridge in the                                 While some may
of Macy’s department store. Macy’s          their importation if they are clearly
                                                                                         Bergin Hall Faculty lounge.                               question the validity of
sold the book for less than $1 and the      labeled as different.
                                                                                         But what about Santa Clara                                the research in question,
U.S. Supreme Court held that the $1             For copyrighted work, the U.S.
                                                                                         students themselves?                                      hopefully this will put
minimum resale price condition could        Supreme Court granted certiorari in
                                                                                             To investigate further,                               many fears to rest. Your
not be enforced by copyright law.           Costco v. Omega to address the issue
                                                                                         yours truly undertook                                     valuable goodies are safe
    The history of doctrine of ex-          of whether or not the first-sale doc-
                                                                                         a highly scientific case                                  in the fridge! (At least un-
haustion in patent law goes back to         trine applies when goods are manu-
                                                                                         study. Last Monday morn-                                  til Friday, when the fridge
Bloomer v. McQuewan in 1853 and             factured and sold outside the US. The
                                                                                         ing, a single, unmarked                                   is cleaned and emptied.)
Adams v. Burke in 1873. The leading         Court previously stated in dicta in the

                                                                                         Violent Videogames Tried
case for trademarks is the Champion         Quality King case that the statutory
Spark Plugs case. In that case, the         codification of the first-sale doctrine,
Supreme Court held that the word            which uses the words ‘lawfully made
‘Champion could be left on the used         under this title,’ applies only to goods           CONTINUeD fROm Page 3
spark plugs as long as the seller made                                                                                               there is no guarantee that there would
                                            lawfully made in the United States,
                                                                                         Russell says.                               be any standard to the new regula-
it clear to the buyer that they had been    because title 17 is not extraterritorial.
                                                                                             Retail outlets that focus on selling    tions, and keeping track of the varia-
repaired.’                                  This is terrible policy, because it en-
                                                                                         games take these ratings very seri-         tions, however slight, could prove to
Q. What are some of the difficulties        courages copyright owners to manu-
                                                                                         ously. GameStop, one such retailer,         be a headache.
faced when applying this doctrine?          facture copies outside of the United
                                                                                         imposes very harsh penalties for em-            The problem may prove moot. The
    Well, first the doctrine applies only   States. In the Omega case, the Court
                                                                                         ployees caught selling games marked         California law is geared towards regu-
when the trademark or copyright own-        will decide whether that interpreta-
                                                                                         as “Mature” to minors. “I’d get fired,”     lating and marking the physical cases
er has sold you a good. So it doesn’t       tion, which distinguished copies made
                                                                                         one employee remarks, “and my boss          that games are stored in, yet, with
apply if the good is rented or leased to    inside the U.S. from copies made
                                                                                         might get fired, and maybe his boss         the way industry advances, in a few
you. It only applies if there has been a    outside the U.S., is correct.
                                                                                         too.” As it stands, the rate of violent     years, physical cases may not be used
transfer of title.                          Q. What are some exceptions to the
                                                                                         videogames sold to minors from vid-         anymore. “Everything’s going to be
    In the case of software, which is       First-Sale Doctrine:
                                                                                         eogame retailers is very low.               digital in a few years,” Russell says.
generally accompanied by an End                 The doctrine is not absolute in the
                                                                                             One problem, however, is stores         As the law is written, it may have a
User License Agreement (or EULA),           US. Commercial rental of computer
                                                                                         that do not sell only videogames. In        hard time regulating games sold and
the courts have tried to regulate li-       programs and music is prohibited,
                                                                                         stores such as Target and Wal-Mart,         delivered digitally.
cense agreements opposed to actually        because these items were being rented
                                                                                         the rate of violent videogames being            The videogame industry is still a
looking into the difference between a       to people solely for the purpose of
                                                                                         sold to minors is much higher. Per-         young one, but it has shown a tremen-
lease/rental and a sale.                    making copies at home. It could be a
                                                                                         haps the problem is that many em-           dous amount of growth in the past
    The recent decision of the Ninth        major threat to the copyright owner’s
                                                                                         ployees in stores that do not specialize    twenty years, and is now a multi-bil-
Circuit in Vernor v. Autodesk dealt         business model if these items could be
                                                                                         in videogames are just not aware of         lion dollar industry. As a result, issues
with the issue of whether or not            rented. Outside the US, some nations
                                                                                         ratings, or the content of the games        such as the current one will inevitably
the first sale doctrine will apply to       give copyright owners public lending
                                                                                         they are selling.                           arise. No matter which way the Su-
software sold under a ‘shrinkwrap li-       rights. This allows for copyright own-
                                                                                             Should the California Legisla-          preme Court rules, it is likely that the
cense’. The court held that the license     ers to get paid every time when their
                                                                                         tion pass, it may herald a new trend        industry will simply take it in stride.
agreement prevented title from being        works are checked out of a public
                                                                                         in regulation across the country. “I            “There’s always going to be some-
transferred, so the software could not      library.
                                                                                         wouldn’t be surprised to see other          one who pushes it to the extreme,”
be resold without the permission of             Yet another exception is the ‘Droit
                                                                                         states setting new regulations,” Rus-       Russell says, “but there will always be
the copyright owner. In my opinion,         de Suite’ or artists resale royalty right.
                                                                                         sell remarks. This would pose a large       responsible people in the industry to
the court got it wrong. The doctrine        According to this exception, every time
                                                                                         hurdle to the videogame industry, as        take care of it.”
November, 2010                                                             THE ADVOCATE                                                                          Feature / 5



Prof.’s Corner: Joondeph on ACA
Prof. Bradley Joondeph                     to those of the states. However those          Medicaid funding to the states’ respec-    declaring significant parts of the ACA
   The professor’s                         raising distinct claims, unrelated to          tive budgets means they have little        unconstitutional—and perhaps even to
corner is a new                            constitutional structure, are beyond           practical choice but to implement the      invalidate the entire Act (if the un-
space in our paper                         the scope of this analysis).                   ACA’s Medicaid directives. And the         constitutional provisions are deemed
to feature some of                             The two lawsuits make a variety of         Constitution forbids Congress from re-     inseverable).
the pieces our pro-                        constitutional claims. Some involve            quiring the states to govern their citi-       In the end, what really matters is
fessors are working                        the structural principles of federalism:       zens according to the federal govern-      whether five justices of the Supreme
on.                                        they argue that, by forcing the states         ment’s instructions. Hence, the Act’s      Court would find these arguments con-
    This feature is entitled: “Federal-    to take certain actions—to provide a           Medicaid provisions could constitute       vincing. And several factors critical
ism and Health Care Reform:                certain level of health coverage for           an impermissible “commandeering” of        to that inquiry will remain unknow-
Understanding the States’ Challenges       their employees, to establish so-called        the states.                                able until the case actually reaches
to the Affordable Care Act”                health insurance “exchanges,” and to               Second, current law might be           the Court. Those include which party
    On March 23, 2010, President           substantially expand their Medicaid            understood as dictating that the           controls the House of Representa-
Obama signed into law Public Law           programs—the ACA unconstitution-               minimum coverage provision, ACA            tives and the Senate, who occupies the
111–148, better known as the Patient       ally infringes on the independent sov-         ß1501(b), exceeds Congress’s enumer-       White House, the popularity of health
Protection and Affordable Care Act         ereignty of the states. Other claims           ated powers. The United States has         care reform with the American public,
(or the ACA). Whatever its merits as       concern the Act’s so-called “minimum           defended ß1501(b) as a valid exercise      how lower courts have ruled on the
a matter of policy, it was a historic      coverage provision,” which requires            of Congress’s powers to tax and to         issue, and the degree to which the Act
legislative achievement. No prior ad-      all persons legally residing in the            regulate interstate commerce. With         has already been implemented (which
ministration had successfully pushed       United States (with some exceptions)           respect to Congress’s taxing power,        could create practical obstacles to ef-
national health reform through Con-        to acquire minimally adequate health           a court could well view the exaction       fecting a judicial invalidation).
gress, despite several attempts, and       insurance by 2014. The states contend          imposed by the ACA on those failing            Still, the temptation to speculate is
Obama had largely staked his presi-        that this individual mandate violates          to acquire qualifying coverage not as      hard to resist, especially on a matter
dency on the legislation’s passage.        the Due Process Clause of the Fifth            a bona fide “tax” (in a constitutional     of this magnitude. So in the conclud-
Understandably, the mood in the Rose       Amendment and exceeds Congress’s               sense) but instead as a regulatory         ing section of this essay, I try my hand
Garden at the Act’s signing ceremony       enumerated powers.                             “penalty.” And with respect to the         at prediction. In particular, I contend
was festive, even raucous.                     Several of these claims have little        commerce power, Congress’s regula-         that, because vindicating the states’
    Not all Americans were as excited      chance of success on the merits;               tion of the failure to obtain health       challenge to the ACA’s Medicaid
as the President. Within hours, the        unless the Supreme Court overrules             insurance—an omission that argu-           provisions would entail some signifi-
attorney general of Virginia filed suit    some well-entrenched precedent,                ably constitutes no more than passive      cant and disruptive implications for
in federal court claiming the ACA          governing law poses too much of a              inaction—might exceed Congress’s           constitutional law, it is unlikely the
is unconstitutional. The attorneys         barrier. But two of the states’ claims         authority to regulate conduct substan-     justices would invalidate the ACA
general of 12 other states (since joined   pose a legitimate threat to the ACA.           tially affecting interstate commerce,      on this ground. But because strik-
by nine more) filed a similar action       First, the states can plausibly argue          either because the conduct is not an       ing down the minimum coverage
that same day, also contending that the    that the Act’s amendments to Medic-            “economic activity,” or because, no        provision as exceeding Congress’s
ACA is unconstitutional. Both law-         aid—and specifically, its requirement          matter the context, this sort of man-      enumerated powers would have only
suits are currently winding their way      that the states expand eligibility to all      date can never be a “proper” means to      a minimal impact on constitutional
through the lower federal courts, and      legal residents under age 65 earn-             regulating commerce.                       doctrine—and because it would invali-
one or both seem destined to reach the     ing up to 133 percent of the federal               To be clear, the point is not that     date the aspect of the ACA Americans
Supreme Court. (Eighteen other law-        poverty level—effectively force them           these are necessarily the best readings    seem to find most objectionable, for
suits have been filed in various federal   to implement a federal legislative             of the Constitution or current doctrine.   roughly the same reasons they find it
courts, raising claims nearly identical    program. The significance of federal           Rather, the point is that these under-     objectionable—there is a good chance


People on the Street
                                                                                          standings are sufficiently plausible to    the Court will declare ß1501(b) un-
                                                                                          form the basis for a judicial decision     constitutional.

                                                                                                                         Student Polls
Law students are queried: What is your personal Thanksgiving tradition?

“A big dinner with the                     “My personal tradi-
fam. Then we like to                       tion is to crash other
go rat hunting.                            families’ Thanksgiv-
- John Allen                               ing dinners. Ever
                                           since college, I’ve
                                           only had Thanksgiv-
              “We usually have             ing with my family once.”
              Thanksgiving de-             - Crystal Long
              pending on whoever
              invites us over first.
              Last year we had                             “ I usually cook
              two back-to-back                             the whole meal
Thanksgiving dinners.                                      (turkey curry).                                                                              The WINNeRS Of The
                                                                                                                                                       STaRbUCkS gIfT CaRDS
- Marie Sobieski                                           The key is not
                                                                                                                                                       fOR TheIR PaRTICIPaTION
                                                           to overcook the                                                                             IN OUR SURVey aRe 1LS
                                                           bird! Our whole                                                                                  Devani aDams
                                           family eats, and then we watch                                                                                       aND

“This year I’ll spend                      football. Then my mom yells at                                                                                Kiyomi yamamoto
time with my family.                       me to start studying.”
All my siblings are                        - Neil Banerjee
coming home. Also,
we always buy our
gravy from KFC.”                           “We generally deco-
- James Ly                                 rate the Christmas
                                           tree the day after
                                           Thanksgiving. Who
                                           wants to go out on
                 “The tradition is         Black Friday?
                 good friends and          - Dan Keese
                 excessive red
                 wine.”
                 - Johnathan Opet
                                                       Photos Courtesy of Nikki Corliss
6 / Halloween   THE ADVOCATE                               November, 2010



                               bar review sceN
                               Santa Clara Law Students dress up a
                               Bar Review, held at the Agenda Lou




                                             All Photos Courtesy of VeePee De Ve
          November, 2010                   THE ADVOCATE   Halloween / 7



Ne oN                  haLLoweeN
and let loose at the annual Halloween
unge in downtown San Jose this year.




 erA,   sArAh Whitney, AnD nikki Corliss
8 / Feature                                                               THE ADVOCATE                                                                     November, 2010



Stewart, Colbert: Rally to Restore
Sanity and/or Fear in America
Amy Askin                                  the age group that gives the                                                                       against the umpire whose bad
                                           Democratic Party the major-                                                                        call cost him a perfect game.
    On October 30, 2010, Jon Stewart
                                           ity of their votes.                                                                                Colbert responded with the
and Stephen Colbert drew a crowd
                                               The rally was part                                                                             “Stephen Colbert Fear Award,”
of about 215,000 to their “Rally to
                                           comedy show, part music                                                                            which depicted a naked man
Restore Sanity and/or Fear” in Wash-
                                           festival and part pep rally,                                                                       running with scissors. Mark
ington, D.C. Attendees represented
                                           which included perfor-                                                                             Zuckerberg received the award,
a colorful mix of goofballs and the
                                           mances by Yusuf Islam                                                                              in absentia, because according
politically disenchanted; some dressed
                                           (formerly known as Cat                                                                             to Colbert, “people no longer
up as Big Bird, robots, bears, and
                                           Stevens), Ozzy Osbourne,                                                                           say you’re crazy when you
bananas. In mid-September, Stewart
                                           John Legend and the Roots,                                                                         think someone is tracking your
announced the rally on his nightly
                                           Kid Rock, Sheryl Crow, Jeff                                                                        every move. They just say ‘Oh,
satirical “fake news” program, The
                                           Tweedy, Mavis Staples, and                                                                         you’re on Facebook.’”
Daily Show, suggested a mock motto
                                           Tony Bennett. There were                                                                               Amidst all the hilarity, the
for the rally: “Take it down a notch for
                                           appearances by actor Sam                                                                           “Rally to Restore Sanity and/
America,” and proposed a protest sign
                                           Waterson, who read                                                                                 or Fear” carried a more virtu-
with the message “I disagree with you,
                                           a poem written by Colbert                                                                          ous message about Americans
but I’m pretty sure you’re not Hitler.”
                                           extolling fear, and comedian                                                                       turning their backs on hate and
In response, Colbert unveiled his plans
                                           Don Novello, who reprised                                                                          working together towards uni-
for the “March to Keep Fear Alive” on
                                           his SNL character of Father                                                                        ty. Towards the end of the rally,
a subsequent episode of his show, The
                                           Guido Sarducci to deliver                                                                          Stewart conveyed a more seri-
Colbert Report. Colbert blasphemed
                                           the benediction. Kareem                                                                            ous tone and through a mono-
Stewart’s call to restore reason and
                                           Abdul Jabbar and R2D2                                                                              logue, reflected on the theme
exclaimed that, “Now is the time for
                                           also made appearances in re-                                                                       of “sanity.” He admitted, “We
all good men to freak out for free-
                                           sponse to Colbert’s pretend                                                                        live now in hard times, not end
dom!” Although initially promoted as
                                           act to distrust all Muslims                                                                        times” and then praised the
separate events, Stewart and Colbert
                                           and robots.                                                                                        majority of American’s abil-
teamed up to combine Stewart’s mod-
                                               In one memorable per-                                                                          ity to work together and make
erate rhetoric and Colbert’s mocking
                                           formance, Stewart invited                                                                          compromises, despite differ-
conservative bravado.
                                           Yusuf on stage to play an                                                                          ences of opinion.
    Largely viewed as a response to                                                                                   Courtesy of Amy Askin
                                           acoustic rendition of “Peace

                                                                                        ABA Fall Leadership Summit
Glenn Beck’s conservative “Restoring
                                           Train.” Moments into the performance
Honor” rally held in August, Stewart
                                           Colbert interrupted the folk legend
and Colbert aimed to poke fun at the
                                           to “pull the emergency brake on this
24-hour news cycle’s propensity to                                                      John-Paul Deol
                                           rainbow, moonbeam choo-choo!”                                                             view process, Judge See had several
promote divisive politics, fear-mon-                                                        At this year’s ABA Fall Leadership
                                           With that, Osbourne hit the stage with                                                    important suggestions that often get
gers and doomsayers. The rally was                                                      Summit law student representatives
                                           his heavy metal classic “Crazy Train”                                                     overlooked. First and foremost, know
to provide a venue for the majority of                                                  from the western portion of the United
                                           and a battle for control of the stage                                                     everything you can about the judge to
Americans, “the 70-80 percenters,”                                                      States came together in Los Angeles
                                           ensued. The two icons put up a good                                                       whom you are applying. It is espe-
who lack extreme political views and                                                    to discuss issues of importance to law
                                           fight but eventually gave up, but not                                                     cially important to know your judge’s
are unheard over the vocal and more                                                     students as well as to take part in a
                                           before leaving the audience with a                                                        political philosophy so that any poten-
extreme segment of Americans who                                                        day of professional development.
                                           great performance. As Stewart and                                                         tial clashes can be avoided. Second, sit
“control the conversation” in politics,                                                     One of the highlights of the confer-
                                           Colbert argued about the “train” mal-                                                     in on a trial or hearing with the judge
said Stewart.                                                                           ence was a speech by Los Angeles
                                           functioning, the chorus of the O’Jays                                                     to observe how they think and work.
    Although Stewart stated he was                                                      County Superior Court Judge Ramona
                                           “Love Train” ended the battle and                                                         Third, do not submit a whole brief as a
committed to a non-partisan rally and                                                   G. See. As a ranking member of the
                                           wooed the crowd.                                                                          writing sample. If you choose to sub-
jokingly referred to it as a “sign-mak-                                                 American Bar Association’s National
                                               For the majority of the rally, Stew-                                                  mit part of a brief, make sure you only
ing convention,” it was of no coinci-                                                   Conference of State Trial Judges,
                                           art and Colbert assumed their roles                                                       submit the most relevant and helpful
dence that the rally took place within                                                  Judge See encourages all law students
                                                                                        to pursue judicial clerkships and ex-        part. For the interview, bring along the
                                                                                        ternships. “You will learn more in one       entire brief in case your judge is inter-
                                                                                        or two years working for a judge than        ested in reading the whole thing.
                                                                                        you will in five years of practice,”             Judge See provided each attendee
                                                                                        said Judge See. As she explained to          with a packet containing information
                                                                                        us, not only does having a clerkship or      and links about judicial clerkships.
                                                                                        externship under your belt attract em-       Anyone interested should feel free to
                                                                                        ployers but it will make you the go-to       contact me (jdeol@scu.edu) and I will
                                                                                        person when your co-workers need to          be happy to provide a copy.
                                                                                        file a motion or
                                                                                        appear in court.
                                                                                        You will be able
                                                                                        to tell them how
                                                                                        to navigate what
                                                                                        could potentially
                                                                                        be a young law-
                                                                                        yer’s nightmare.
                                                                                        Furthermore,
                                                                                        you will gain
                                                                                        familiarity with
                                                                Courtesy of Amy Askin   various areas of
days of the mid-term elections on No-                                                   the law and be-
                                           on their respective Comedy Central
vember 2. Earlier that week, President                                                  come extremely
                                           shows: Stewart protected reason from
Obama became the first sitting presi-                                                   confident in
                                           the school yard bullies while Colbert
dent to appear on The Daily Show                                                        your skills of
                                           pimped out fear. Stewart honored
to make what appeared to be a frank                                                     writing and
                                           individuals who exercised reason in
appeal to midterm voters. According                                                     analysis.
                                           unreasonable circumstances. The
to the New York Times, approximately                                                        Regarding
                                           notable recipient was Armando Galar-
2.8 million viewers tuned in to watch                                                   the applica-
                                           raga, pitcher for the Detroit Tigers,
Obama’s interview, almost 1.7 million                                                   tion and inter-
                                           who did not commit an intentional tort
were between the ages of 18 and 49 –
November, 2010                                                            THE ADVOCATE                                                                        Opinion / 9


4th Annual Student Health Law Conference
Sarah Mercer                               ing force in her current work. She          lations through the Food and Drug           house counsel positions, the speakers
    I recently at-                         is responsible for monitoring health        Administration, health information          emphasized business related courses
tended a confer-                           insurers and providers’ compliance          technology, hospital accreditation, and     as well as traditional law school
ence on careers in                         with state regulations.                     joint ventures between hospitals and        classes. The government attorneys
Health Law spon-                               In the private practice of health       physicians as “hot” emerging areas.         suggested Administrative Law as an
sored by Seton                             law, panelists spoke about the various          The practitioners that attended         important tool to regulatory legal
Hall University.                           business-related transactions they are      had great advice for law students in        practices.
While I have had strong interest and       involved in, such as hospital mergers       getting the most out of law school.            Lastly, the attorneys suggested that
passion for health law and policy for      and acquisitions, negotiating managed       First, most of the speakers emphasized      finding that perfect practice requires
years, I admit that I was at a loss for    care contracts and contracts between        volunteer work or internships be-           a balance of security and excitement,
understanding what a “legal career” in     health-maintenance organizations and        cause this gives students the ability to    and when you find that job that you
health law would entail. Thus, I was       physicians, hospital licensure, and the     participate in the legal process as well    really want, be authentic in how you
greatly looking forward to hearing         defense of fraud investigations. These      as opportunities to shadow attorneys.       promote yourself with a future at-
from practitioners about how their         are all areas that either large law firms   Many speakers encouraged students           torney. Speakers suggested attending
career trajectories brought them to this   offer to their clients or where small       to ask to attend meetings, depositions,     networking events, setting up informa-
field as well as developing a greater      boutique firms have developed to            mediations, and any other activities        tional interviews, joining the Ameri-
understanding of careers in health law.    address the specialized needs of the        that can provide important learning         can Health Lawyers Association or
     National healthcare reform has        health care system.                         opportunities. Additionally, speak-         other interest-based legal associations
established a number of opportunities          One speaker predicted the follow-       ers touched upon law school classes,        to meet local attorneys, and be tuned
in the regulation of fraud, compliance,    ing list of areas: fraud and abuse of the   encouraging students to take courses        into industry related information and
and physician reimbursements for           reimbursement systems, intellectual         related to areas in which they want to      employment opportunities.
government programs like Medicaid          property as it pertains to the life sci-    practice, such as health law or elder
and Medicare. Additionally, “Elder         ences, as well as life sciences regu-       law. For individuals interested in in-
Law” is a burgeoning field that will
become increasingly important as the
Baby Boomer population ages. The           When Grandparents Ask About PPACA
Public Policy Institute of California      Amanda Gordon
estimates that by 2030 the senior                                                      to get extras like free eyeglasses?        reimbursement?
population will double and one in              Ever been at that awkward fam-          Lily: Well, it depends. Congress plans     Lily: PPACA created something called
five persons in California will be over    ily dinner, where your grandma leans        to create $136 billion in savings from     the Medicare Warranty in Section
the age of 65. According to panel-         over and asks you some arbitrary            reducing the subsidies paid to Medi-       3601(a). This provision says that noth-
ists at the conference, this population    question about the law, on the assump-      care Advantage plans (about 1 in 4         ing in the Act can cut current Medicare
will need legal services that include      tion: “hey, my granddaughter is in law      people in Medicare are on a Medicare       benefits.
Medicare assistance and advocacy,          school, she will know the answer?”          Advantage plan). Currently, those en-      Grandparent: Will the recent changes in
estate planning, long term care and        But then you’re stumped. Because if         rolled in Medicare Advantage receive       the political makeup of Congress repeal
home health assistance, elder abuse,       you are a 1L you’ve spent the last 3        about 14 percent more in reimburse-        PPACA?
and family law. Health law and elder       months cramming information about           ments.                                     Lily: Likely not. The only real option
law are significantly intertwined and      Learned Hand and some weird sinking             In 2012, the government is going to    available would be to defund discretion-
population trends indicate a growing       cargo boat. Or you’re a 2L/3L and the       stop overpaying the Medicare Advan-        ary spending. Congress cannot change
need for specialists in this area.         only law you know by heart is rule          tage plans and the providers may cut       the entitlement sections of the legisla-
    Hospitals also provide tremendous      10.2 for bluebook. (*I will NOT blue-       your benefits. However, the new law        tion without changing the law and any
opportunities for legal careers. Hospi-    book for food).                             does guarantee basic Medicare ben-         entitlement benefits are going to be
tals are a business entity with employ-        Regardless of who you are, here         efits. So, short law school answer is of   fairly immune from defunding.
ees, corporations or non-profits, all      is a cheat sheet to answer any picky        course, it depends.                        Grandparent: Thanks grandchild! This
while providing health-related servic-     questions from your relatives about         Grandparent: If Congress plans on          was a very informative and useful con-
es to patients. Panelists spoke about      Health Care Reform (Patient Protec-         saving $390 billion how can they do        versation. Lets’ go buy you that Pony/
the role of in-house counsel at hos-       tion and Affordable Care Act Pub. L.        that without cutting in to Medicare        iPad/Business Suit now.
                                           No. 111-148).
                                                                                       Judge Ware Promotion
pitals and health insurance agencies.
The panelists explained that they not          It is true that after reading this
only handle many of the investigations     article you may be thinking that these
and lawsuits with hospital patients,       health care reforms only relate to                CONTINUeD fROm Page 1
but also provide legal expertise in        entitlement benefits so why should I
all areas of human resources such as       care. Here is my pitch, those eligible      systemic or ones affecting the individ-
compensation and benefits, employee        for Medicare (your parents/grandpar-        ual judges. Fortunately the Northern
relations and wage and hour laws; the      ents) often buy presents to support the     District is well run and I look forward
financial management and succession        age old tradition of giving and maybe       to continuing many of the practices
planning of the business; and various      this info will earn you that coveted        established under my predecessors.
other legal concerns that impact the       iPad this winter break. Probably not        Q. How long will you be the Chief
hospital as a business entity, such as     though.                                     judge?
formulating and implementing organi-           Context: Thanksgiving/Hanukkah/         A. I am eligible to serve for seven
zation goals. Therefore, there is a role   Christmas Dinner                            years, however, the actual length of
in health law for individuals interested   Grandparent: What’s up with Obam-           service might vary.
in becoming in-house counsel as well.      acare?                                      Q. Will you change chambers to San
    In addition to establishing policy,    Lily Law Student: PPACA is one com-         Francisco?
government agencies play an impor-         plicated law. Let me try to break down      A. There is a Chief Judge’s Chambers
tant role in health law. A speaker         some of the basics for you, Grandpar-       at the Courthouse in San Francisco. I
with the Food and Drug Administra-         ent. The new legislation was designed       will consider moving my Chambers
tion spoke about the agency’s role in      to keep entitlement benefits from           after a District Judge is appointed to
promoting and enforcing food safety,       doubling in the next decade. Medicare       take my Chambers in San Jose.
prescription drugs, medical devices,       spending has grown over eight               Q. What advice can you give 2L’s who
and cosmetics. She explained that          percent annually over the last twenty       are considering applying for clerk-
working for the government after law       years, and this law was created to slow     ships?
                                                                                                                                                      Courtesy of Jason Doiy
school immediately steeped her into        down this annual increase in spending.      A. In my view, the students who
the legal practice, providing her with     PPACA attempted to cut down on              have demonstrated skills in research        basis. Consequently, students should
opportunities to manage and partici-       future increases and so hopefully the       and writing are better positioned to        look for those opportunities as well as
pate in cases. Thus, the regulatory and    services you need will not be cut. In       compete for a position as a law clerk.      for externship opportunities.
compliance role in medical supplies,       fact, the new legislation guarantees        Not every student will have such an         Q. Will you be able to continue teach-
food, and other consumer products is       basic benefits for everyone enrolled in     interest. The best demonstration of         ing at Santa Clara?
an area where a law degree is benefi-      Medicare and starting in 2011 you are       course, is a law review article or a        A. One of the benefits of being a Dis-
cial. An attorney with the Office of       guaranteed an annual physical and           highly regarded moot court brief.           trict Judge is the freedom to lecture at
Legal and Regulatory Affairs for New       preventative services.                      Faculty recommendations are ex-             local law schools. I will continue to
Jersey’s Department of Health and          Grandparent: Have I lost all my Medi-       tremely important, particularly from        look for such opportunities, particu-
Senior Services discussed how her          care Advantage benefits that allow me       faculty who has had an opportunity to       larly at Santa Clara University School
former career as a nurse was a driv-                                                   work with students on a one on one          of Law.
10 / Opinion                                                              THE ADVOCATE                                                                 November, 2010



Following “Don’t Ask, Don’t Tell”
B.P. Broadmeadow                           their military branch, they swear           albeit under a cloak of anonymity as       nates. The current administration has
    I am 2nd                               that they “will obey the orders of the      to their sexual orientation.               the opportunity to pursue a strategy of
Lieutenant in the                          President of the United States and the          Today, President Obama, like           repealing DADT through the courts
United States                              orders of all officers appointed over       President Clinton, campaigned to           or in conjunction with Congress. The
Marine Corps.                              them” and, that they “will support          repeal DADT, but has not yet done so.      military is not a place of politics.
I should qualify                           and defend the Constitution of the          Congress has stalled, waiting upon         While the military does inform legis-
that this article is                       United States.” Upon entering into the      reports and studies before voting upon     lators concerning the debate of DADT,
not a reflection of                        Marines, my personal beliefs became         DADT in the coming months. In the          it does not conclude the debate.
any official Marine Corps or military      secondary to my duty and commit-            absence of action, lower federal courts        Law Career Services was wrong to
policy regarding 10 USC Section 654,       ment to the Constitution. That duty         attempted to address the issue.            assume that it is military policy that
more commonly known as “Don’t              entails following any law passed by             In the recent case Log Cabin Re-       drives discrimination of homosexuals
Ask, Don’t Tell” (DADT). Rather, I         the President and Congress.                 publicans v. United States, the Ninth      openly serving. Instead, the school
want to present an academic discus-                                                                         Circuit Court of      should have spoken out to Congress
sion of DADT considering the nature                                                                         Appeals found         and the President, rather than stating
of the military and federal law.                                                                            DADT to be un-        that the military “chooses to discrimi-
    This opinion piece was prompted                                                                         constitutional and    nate” against gays and lesbians. The
sometime ago by an email the SCU                                                                            issued a nation-      military will follow the law, whether
Law Community received from the                                                                             wide injunction       derived from the Articles of War that
Law Career Services informing the                                                                           of the Act. How-      banned homosexuals from outright
student body of a United States Navy                                                                        ever, the Obama       service or the current law that permits
Judge Advocate General (JAG) infor-                                                                         administration        gays and lesbians to serve so long
mation session. The email stated “[t]                                                                       has asked for and     as their sexual orientation remains
he Law School does not support the                                                                          has been granted      anonymous. The military will follow
military’s policy against the gay and                                                                       a stay against the    the law if and when public officials
lesbian community and is only provid-                                                                       injunction. In        allow homosexuals to openly serve.
ing this forum because it is obligated                                                                      deference to the      Discriminating against the military
to do so under the Solomon Amend-                                                                           President’s de-       based upon their observance of federal
ment.”                                                                                                      sire to see DADT      law does not address the true root of
    There are those in the military who        DADT is a law. Military policy          repealed through an act of Congress,       the issue. If the university does not
believe that gays and lesbians should      must support the law. When the              the Supreme Court denied review of         support DADT, it is more appropri-
be allowed to serve openly, and there      Clinton Administration implemented          the case. This places the responsibility   ate to turn down federal funding than
are those who do not. However, just        DADT, it was viewed as a progressive        squarely in the hands of the Executive     limit military recruitment access.
as Career Services was obligated to        step forward. Since 1916, homosexu-         Branch and Congress.                           In light of DADT, the military still
host the JAG information session by        als were banned from serving in the             To my point, it is not the military    wishes to recruit at our campus. If the
federal law, my fellow servicemen and      military based upon an anti-sodomy          that continues to discriminate against     military chooses to recruit upon our
women are obligated to follow DADT,        clause in the Articles of War. Since        gays and lesbians openly serving. It is    campus, why should we deny them an
regardless of our personal beliefs.        the early 1990s, DADT has allowed           federal law, enacted by legislators and    opportunity with our diverse student
    When servicemen or women join          homosexuals to serve in the military,       elected officials, which so discrimi-      body?


Letter to the Editor: Rankings Ridicule
    I am writing in response to the        pletely wrong way. First and foremost,      our worst enemy. We are in one of          take this exact school and move it to
“SCU Law Falls in ‘Best’ Rankings”         the school’s focus should not be on         the most highly coveted areas to live      a place like Utah or Iowa, where there
column written by Hieu Tran in the         compiling groups of people to try           in and one of the most vibrant legal       are only a few schools and almost no
Wednesday, October 6, 2010 edition         to manipulate nonsensical rankings,         markets in the country. This provides      competition for jobs, we would most
of The Advocate.                           made for elites by elites, in hopes that    us with a lot of opportunity but also      likely have higher employment rank-
    At first when I read this column I     it will move up. Rather the school          a lot of competition. Aside from the       ings, and thus a higher ranking score.
didn’t think much of it, but the more I    should be focused on providing its          hordes of newly minted law gradu-          That is partly why you see schools
thought about it, the more it bothered     students with the best practical skills     ates coming from outside of the Bay        like Utah and Iowa consistently above
me to the point where I felt compelled     and theoretical knowledge in order          Area, trying to crack the Bay Area         us in the rankings.
to respond.                                to make them the most marketable            legal job market, we are competing              Basically the point I’m trying
    There are a few things I found         students to legal employers. More-          for jobs with students from 5 highly       to make is that we are in a highly
disturbing. First, I really question the   over, the school should be focused on       regarded institutions in our own           competitive job market and without
judgment of The Advocate’s edito-          giving its students the skills to hit the   backyard (Stanford, Berkeley, Da-          proper training and skills to make our
rial staff for putting this story on the   ground running in a highly competi-         vis, Hastings, and USF). Taking out        students stand out from the crowd, we
front cover of the newspaper and           tive job market. What would be even         students from out of the area vying        can spend all the money we want in
then plastering the paper all over the     more concerning is if the school’s ad-      for legal jobs, these 5 schools prob-      trying to game a rankings system, but
campus. Nothing says, “come join the       ministration is actually paying what-       ably put out close to over 1000 law        it will inevitably have some limita-
SCU Law community” to prospec-             ever group it is compiling. I couldn’t      graduates every year. Assuming that        tions due to the flawed nature of how
tive law students touring the campus       see a bigger waste of student’s tuition     each of these students wants one of        these rankings are calculated.
like a headline in your law newspaper      and/or endowment money (money that          the coveted “mid to big-law” firm jobs         What this school’s administra-
saying “SCU Law Falls in Rankings.”        could go toward scholarships, hiring        and assuming that there are about 100      tion needs to actually do is take the
If your goal is to scare off prospective   faculty, or establishing clinics). Going    of these firms in the Bay Area and         time, effort, and money it is wasting
students this is a sure way to do it.      out and chasing rankings indicates, at      these firms only hire on average 3-4       in chasing rankings and invest it in
    Putting aside this first observation   least to me, that the administration is     first year associates every year (in a     programs that will help us stand out
and concern, I found the entire prem-      wholly lost and doesn’t know what it’s      good legal market mind you), out of        from the crowd and make us competi-
ise of the article and the school admin-   doing.                                      over 1000 home grown students, only        tive for jobs employers are looking to
istration’s comments to be highly dis-         Our school’s ranking is more            300-400 will even be in a position to      fill. A look at what some other schools
turbing. The column, in a roundabout       reflective of the oversights in the rank-   get these jobs, thus leaving 600-700       are doing provides good guidance. For
way, says that one of our school’s top     ings themselves than anything else.         looking for other opportunities. Now       example, Stanford Law School has
concerns and focuses should be on          For example, the rankings take into         add the students from outside the area     a Supreme Court Litigation Clinic,
raising our US News & World Re-            account things like employment statis-      that come here from Harvard, Yale,         which gives students an opportunity
port law school ranking. What’s even       tics without regard to factors such as      Chicago, etc., and you will see that       to work on real Supreme Court cases
worse is the response from our dean        competition or legal market.                the job picture looks more bleak for       by representing parties and amici
that “the law school takes this ranking        Since job placements are an im-         many students and the fact that firms      curiae, having students actually write
seriously,” and that it is compiling a     portant factor of these rankings, small     only look for the best and brightest       the briefs petitioning for certiorari,
committee (basically, to find ways of      deviations in employment statistics         and those that have something unique       and work on briefs for cases that have
gaming the rankings) in the hopes that     will go a long way in determining a         to offer their practices and you will      actually been taken up by the Supreme
it can find ways to have us move up        school’s rank. We have to take a step       see that the job picture looks more        Court. American University Washing-
the rankings.                              back and just look at the reality of        bleak for many students, especially        ton College of Law has its Intellectual
    In my view, the school’s adminis-      our situation. Our geographic loca-         in light of the fact that most students    Property Law Clinic, which allows its
tration is going about this the com-       tion is probably our best asset but         at SCU wish to stay local. Now, if we
                                                                                                                                  See LeTTeR, Page 11
November, 2010                                                            THE ADVOCATE                                                                         Letters / 11



Rumor Mill... Exam Season Arrives
Dean Erwin                                 the software. Our tech guys were the        things or if your computer decides to        injured to take their exams will need
    It’s begin-                            O.G.’s (Original Gurus) and were the        implode during hour two of the exam,         to provide a doctor’s note. Do NOT
ning to look                               official tech guys when the California      be prepared to hand write!                   talk to your professor as you may be
a lot like . . .                           Bar first started using the system. We          Rumor Topic Number Two: Exam             compromising your anonymity and
Exam Season!!                              know the system pretty well. That           Reschedules/Illness/Emergency. We            they won’t be happy to hear from you.
That annual rite                           said, Examsoft has changed hands,           refined the exam reschedule request          Do NOT no-show for an exam, as you
of passage for                             has upgraded almost every year and is       procedures this year, which has lead         will most likely get an F.
law students                               now ready for Macs. Our tech support        to some confusion. We have heard                And, lastly, my annual advice all of
that includes                              and faculty support offices worked          that the deadline has passed for ALL         you as you head into finals:
exciting events                            hard to stay informed, trained and          reschedule requests, that the adminis-           Double check your exam days and
like the “Heafey Law Library Germ          ready to help.                              tration won’t let you reschedule so you      times; you don’t want to actually live
Fest,” the “My-Paper-is-Due-by-5-              You all need to do your part to         have to ask your professor now, and if       through the nightmare of missing a
pm Demolition Derby,” and the ever         make sure the process works! Read           you are sick and bomb your exam you          final! At least one of you does it every
popular “What-Do-You-Mean-the-             the emails from Lisa Willett and Al-        can just ask for a do-over.                  year!
Exam-was-this-Morning Freak Out.”          lan Chen. (If you missed the most               The deadline to apply for an                 Be aware that a ton of you get sick
This month’s edition of the Rumor          recent installments, go to the Official     Administrative Conflict (reschedules         this time of year and then infect ev-
Mill will be dedicated to all things       Announcements Blog - http://law.            due to exams in conflict with each           eryone else. Don’t cough on people,
exam related.                              scu.edu/blog/officialannouncements/         other) has passed. If you find yourself      wash your hands, eat right and sleep!
    Rumor Topic Number One: Ex-            index.cfm - and read them! Allan            needing a reschedule due to a Personal           Please remember that we are here
amsoft. We’ve heard that Examsoft          sent one about getting your computer        Conflict (reschedules due to illness or      for you. If you start feeling over-
doesn’t work on Macs/PCs/Vaios/            ready and Lisa sent one with a To Do        emergency), you just need to talk to us      whelmed, please come see me.
Leapfrogs/etc; that Tech Support is/       List to prepare for exams.) If you get      before your exam begins. Contact the             If you have an emergency, come
is not available during exams; that        emails telling you to download soft-        Law Student Services Office at (408)         see me. If you get sick, come see me.
the new Mac version is guaranteed          ware or exam templates – download           554 – 4766 or lawstudentservices@                Be nice to each other, everyone is
to work/won’t work; that we are very       them immediately! If you are having         scu.edu. If you are ill at the time of       just as tired, stressed, and over-caf-
helpful/not helpful at all; and that you   problems with your computer – get           your exam, you should consult the            feinated as you are.
can download everything you need 10        it checked out now! Write “Don’t            head proctor or Law Student Services
minutes before the exam begins!            Forget to Bring Power Cord and Bat-         BEFORE opening your exam packet!              have a quesTioN you’d Like
    SCU was one of the beta schools        tery” on your windshield or forehead        Once you look at your exam, you can             us To ask deaN erwiN?
for Examsoft. We wrote some of the         or study partner . . . whatever it takes    not reschedule and we don’t allow
original procedure manuals used by         to make sure you remember them!             do-overs.
                                                                                                                                             emaiL us aT
many schools and helped improve            And, if you forget to do one of these           Note: Students who are too sick or         scuadvocaTe@gmaiL.com



Registration Frustration Stunts Our Education
Martin Behn                                appointment are able to waitlist as         high waitlists. Those are some pretty            If the initial registration period
    Registering for                        many full classes they want. For un-        solid stats for the waitlist.                only included the first couple of units,
classes is almost                          derclassman being thirtieth or higher           Dean Erwin, like any good fantasy        sans waitlist, students would be more
identical to draft-                        on a waitlist during their first round      football commissioner, maintains the         discriminate about the classes they
ing a fantasy                              of registration is frustrating. Without     waivers, shuffles people around, and         chose, and more students could plan
football team. We                          definite picks, it is hard to plan around   makes sure they keep moving. She             up-front what type of classes they
have plans for                             jobs, extracurricular activities or life    explained the rationale as taking the        want to take.
what players we want, and contingen-       in general.                                 burden off of the professors to micro-           Others who were looking to get
cies for when those other guys in our          In defense of the long waitlists,       manage administrative details, so they       into a class, or jump on the waitlist,
league swipe our third round pick.         the league-commissioner Dean Erwin          can focus on teaching class on the           will be less discouraged about adding
But now that registration is over, and     has said that students generally find       first day. It seems like this could also     their name later on, or at their chances
our ECAMPUS accounts are reflect-          their way into the classes they want        help prevent any form of collusion as        of getting into class.
ing balances for next semester, all we     by the start of the semester. The Dean      to who gets into the class. She also             Just like the beginning of fantasy
have left are waiver pickups (wait-        also forwarded some helpful statistics      informs me that the law department is        football season, registration can be
lists).                                    about waitlists that hover around 15-       the only school at the university still      painful. No matter how adequately we
    Those of us on waitlists probably      30 dwindling down to zero by the start      maintaining a waitlist.                      plan for it, chances are the class that
are not seeing much movement right         of classes.                                     It seems petty to whine about the        we really want is going to be stocked
now. We all know the pecking order:            Only a few of the core classes,         waitlist after all this information. But     full before we get an initial crack.
seniority rules. While there is nothing    Constitutional Law II and Advocacy          after learning about how the system          Reducing the first-round ‘waitlist’ pick
wrong with that on its face, there is      still had waitlists by the start of this    works, it does not change the initial        can save us from making potentially
a problem with the now well-known          semester. Of the elective courses,          problem: students are indiscriminate         huge changes in our academic plans.
backdoor: the ability to waitlist 100      only seven kept waitlists up by the         about their use of the waitlist initially.   Trust me, as somebody going 8-2 in
hours.                                     beginning of the semester with 13           And there are no trade offers like in        my fantasy football league, I should
    Those with an early registration       classes increasing their cap due to         fantasy football.                            know.


Letter to the Editor
                                                                                                               CROSSWORD SOLUTION

      CONTINUeD fROm Page 10               them unique experiences that help
students to work on projects similar       them stand out in the highly competi-
to what the Stanford Supreme Court         tive job market. Implementing similar
Clinic, except in the intellectual prop-   programs at SCU should be the focus
erty context.                              of the administration, not compiling
   What these schools have done            groups to improve rankings.
by implementing these innovative
programs is to give their students a       Roozbeh Gorgin 4LE,
competitive advantage by providing         Big Law Secure

 iF you wouLd Like To respoNd To aNy arTicLes
   or opiNioNs preseNTed iN This issue, pLease
    wriTe us a LeTTer To The ediTor, aNd we
   wouLd be happy To pubLish your respoNse.
 No aNoNymous LeTTers wiLL be pubLished, aNd
    pLease LimiT Them To 250 words or Less.
12 / Sports                                                              THE ADVOCATE                                                                              November, 2010



Giants Bring Gusto Back to the Bay
Dominic Dutra                              in 6 games in the first round. The
                                           excitement and frantic support from
    After 56 years                         the entire Bay Area was a glimpse
of torture and                             into the true character of fans that had
disappointment,                            never received the kind of recognition
the San Francisco                          that fan-bases in cities like New York,
Giants finally won                         Chicago, Philadelphia and Boston
the World Series,                          have. However, the Bay Area faithful
and in doing so brought back the feel-     were not fully vindicated until Brian
ing of magic that Bay Area sports fans     ‘The Beard’ Wilson struck out Nelson
have not experienced in over 15 years,     Cruz swinging on a blistering high
when the 49ers won the Super Bowl in       fastball for the final out of the 2010
’95. Yet, this victory was bigger than     World Series.
perhaps any championship since the             The monumental surge through the
49ers first super bowl victory in 1981,    post-season finally brought national
when “The Catch” was forever memo-         attention to a legion of fanatical Gi-
rialized in Bay Area sports lore.          ants fans, waking the east-coast media
    We have seen glimpses of this          from their biased slumbers. Bill Sim-
kind of energy over the past decade,       mons, a best-selling sports journalist
perhaps never more viscerally than         and member of the lifelong Red Sox
2007 when the Warriors, flying on the      faithful, described AT&T Park as one
wings of “We Believe” mania pulled         of three parks in baseball that “give
off the biggest upset in NBA playoff       me chills in person,” and lauded the
history, dispatching the Dallas Mavs       Giants fan-base, observing that even       Henry Schober, a lifelong Phillies fan, was so inspired by the Giants’ postseason magic that he
                                                 the nearly comatose Fox TV           hopped on their bandwagon. “The Giants were simply superior to the Phils in every facet. I could no
                                                                                      longer lie to myself about my love and admiration for the best team in baseball.” Said Schober.
                                                 announcer Joe Buck, “actually
                                                 sounded excited to be there…         electrifying.                                       epitomized the club’s synergy, two
                                                 Now that’s saying something.”            At the root of this exhilarating                players who were not regular start-
                                                 Having attended Game 1 of            run and jubilant exertion of support                ers during the season, stepping up on
                                                 the Division Series as well as       from long-suffering fans, was a team                baseball’s biggest stage and playing
                                                 Game 1 of the World Series, I        scripted like a Hollywood screenplay.               their part. Every day there was a new
                                                 can confirm Simmons’ observa-        Universally described as a cast of                  hero, a testament to an anti-Yankee,
                                                 tions. They were quite literally     castoffs and misfits, the chemistry and             anti-Superstar formula that worked to
                                                 the two most exciting events – of    ‘likeability’ factor of this squad fueled           perfection through the end of the year
                                                 any kind – I have ever witnessed     the fans in a way that no Bonds-era                    It was a true underdog story all
                                                 and the ballpark could not be        team ever would. League Champion-                   season long, and in the end, these
                                                 described as anything less than      ship Series MVP, Cody Ross, and                     underdogs put the bite back into Bay

College Playoffs? No, We’re
                                                                                      World Series MVP Edgar Rentaria                     Area sports.
                                                                                                                  CROSSWORD PUZZLE

Talking About the BCS
Veepee De Vera
    BCS = Bowl                             pid. There are six computer ranking
Championships                              systems: 1) Anderson & Hester, 2)
Suck. Or Bowl                              Richard Billingsley, 3) Colley Matrix,
Championships are                          4) Kenneth Massey, 5) Jeff Sagarin,
Stupid. Either way                         and 6) Peter Wolfe. Each computer
you look at it, the BCS acronym fits       ranking system calculates the top 25
and the BCS must go.                       teams in their own way, but still gives
   You may think that I, a proud San       25 points to the #1 team, 24 points to
Diego State alumnus, am just upset         the #2 team, and so on. The best and
because the mighty Aztec football          worst rankings are thrown out, leav-
team still was not ranked after going      ing the middle 4 computers scores to
7-2 and now will not have any shot of      be added and divided by 100, which is
getting ranked after losing to #3 Texas    the maximum amount of points a team
Christian (that game was filled with       could get.
B.S. calls against San Diego State, but       Why do I care? Because this BCS
I digress).                                and rankings system is, for lack of a
    First, let me attempt to explain to    better word, stupid. Schools such as
you the BCS. The BCS standings are         Utah in 2008 and Boise State in 2007
composed of 3 main components,             and 2010 went undefeated during
each weighted equally (33.33 percent).     the regular season yet still were not
Those components are 1) the Harris         given a chance to play for the national
Poll, 2) the Coaches Poll, and 3) the      championship. Even though Boise
computer rankings. Let’s go in some        State’s incredible win in 2007 against
detail to each component.                  Oklahoma was one of the best bowl
    The Harris Poll is comprised of 114    games I’ve ever seen (2005 Texas vs.
voters. Who they are I do not know.        USC was the greatest ever), I would
Each voter, in their own opinion,          have loved to see Boise State continue
ranks the top 25 teams in the nation.      on to be a Cinderella team like in Col-
Teams that receive a #1 ranking get 25     lege Basketball’s March Madness. Ba-
points, the #2 team gets 24 points, and    sically, the BCS takes away from the
so on. The teams’ total points are then    fun and thrill of watching your team
divided by 2,850, which is the number      have a shot and progress through the
of points a team would get if they         playoffs, then winning the champion-
were ranked #1 by all the voters.          ship. Would the San Francisco Giants
    The USA Today Poll is calculated       have won the World Series if the MLB
the same way as the Harris Poll except     employed a BCS system? I think not.
there are 58 voters and the team’s total      The BCS must go and be replaced
points are divided by 1525.                with a playoff system. Even Obama
    The Computer Rankings are stu-         wants a playoff system. Enough said.

				
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