David Kohler, Courtesy of Southwestern Law School

By Sarah El Ebiary

We were all shocked and saddened to discover the recent passing of our beloved professor David Kohler. As one of the founding members and a former managing editor of Southwestern’s student newspaper, The Commentator, I wanted to run a special tribute section in his memory. For this section, I collected submissions from several past and current students who wanted to contribute either a couple of sentences of thanks or a couple of paragraphs of what he meant to us all as a professor. While a public memorial is still being planned, The Commentator is still collecting submissions so please feel free to contribute your thoughts and personal messages in memory of professor David Kohler.
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I have been fortunate enough to have the rare opportunity of working with Tamara Moore in the Donald E. Biederman Entertainment and Media Law Institute and as Professor Kohler’s research assistant for the past four years. Our little “institute family” grew close over the years, however, I never had the chance to tell Professor Kohler (aka: “Dave”) how much of an inspiration he was to me personally.
He was always available when I needed advice with regard to job interviews, golf clubs, or you name it. At the various institute events and conferences, Dave introduced me to some of his friends – the smartest minds in the field of media law and lead counsel from landmark first amendment cases we learned in class.
He encouraged me to compete in the First Amendment and Media Law Diversity Moot Court Competition administered by the American Bar Association Forum on Communications Law. At first, I really did not want to do it as I always thought of myself as pursuing a more transactional career. But after my partner and I placed second in the national finals (Yale took first), the confidence I gained from the competition was unlike anything I ever experienced throughout law school, and it was all due to his support.
Dave was my boss, my professor, my externship faculty advisor, my moot court coach, my mentor, and my friend.  I was really looking forward to having Dave as a colleague in the field of media law. Nonetheless, I am truly grateful that Dave played an integral role in shaping my career and my life. He left with me invaluable knowledge, wisdom, and confidence that I will always hold dear. Most of all, I think I’ll miss his loud, hearty laugh that upon hearing you couldn’t help but smile. Those who knew him best would agree.

Sarah El Ebiary, Juris Doctor Candidate, May 2010
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It is always sad to hear when a fellow member of a community passes away. Professor David Kohler was no doubt an integral part of our community at Southwestern. Moreover, he was a great mentor and advisor for students interested in entertainment and media law.
My interaction with Professor Kohler started long before I attended my first doctrinal class at Southwestern. I was put in contact with Professor Kohler through a family friend my senior year of college. Not only was Professor Kohler willing and eager to tell me all about Southwestern and the various classes and programs in entertainment and media law, he even went so far as to have a meeting with myself and my family to discuss all the options Southwestern had to offer as well as answer any questions.
Professor Kohler went above and beyond in assisting me with my decision to come to Southwestern. His love for the law and education was readily apparent whenever you interacted with him. Although I never had the opportunity of having him as a professor, he will always be considered a friend.
His passing is truly sad, and he will be missed and remembered. I am sure I am only one of many who have a special memory of Professor Kohler to give thanks for.

Maxwell Briskman Stanfield, 2L Part-time Day

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I had the opportunity of taking “Representing Journalists” with Professor Kohler in Spring 2009. Professor Kohler’s experiences and course inspired me to specialize in Entertainment and Media Law, as well as to pursue a career in this field. I will be forever thankful. He will always be in my family’s prayers.

Francisco Ramirez, LLM student

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David Kohler was the rare professor who could make technical and procedural aspects of law interesting and relevant. I have used lessons learned from him many times in my work. He will be missed.

Alex DiBona, Class of 2009

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Professor Kohler was a consistent champion for the success of Southwestern’s students.  His extensive experience in the field of media law combined with his enthusiasm for teaching will be greatly missed. He was not only a cutting legal mind, a dedicated professor but a genuine and welcoming person.  It was a privilege to have known him.

Aleksandra Urban, Juris Doctor Candidate, December 2009

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I was extremely saddened to hear of Professor Kohler’s passing.  He was such an interesting professor and kind mentor.  He was able to bring the legal practice to life for his students with real world examples and stories.  He will be sorely missed.

Jessica Gonzalez, Class of 2007

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It is a rare skill to establish genuine rapport with someone without ever really knowing them on a personal level. It is a skill possessed by political candidates, by the finest thespians, by those who transmit a veritable “cult” of personality, that preternatural something that leaves you rapt, hanging on their every word. Professor Kohler cast such a spell on me two Falls ago in the course of our Mass Media law seminar. In fact, his effortless charisma, keen sense of humor, and infectious enthusiasm for the material inspired me to do something that I had never done before and would never do again: read the assigned cases in full. It was with great sadness that learned
Professor Kohler’s passing this week, but he will not pass so easily from my memory. His memory will linger with the same robustness he exuded when walking into a room, eternally endowing us with gusto, and charm, and unflagging vitality.

Matt Walerstein

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Professor Kohler was an outstanding, dedicated and passionate professor whose zeal and
ardent love for both the students of Southwestern and the entertainment industry was one of a kind. Thank you so much for all of your hard work and wonderful contributions and for inspiring so many people. You are in our thoughts and prayers, and will be greatly missed. God bless.

Kateri DeMartino, Class of 2009

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I had the privilege of working for Professor Kohler at the Biederman Entertainment Institute and he was one of the best professors at Southwestern. He made the office a great place to work as he was continually patient, humble, and humorous. Professor Kohler was always available to sit down and chat with students when they dropped by and did not hesitate to help students out. His passion for Entertainment and Media touched the students, faculty, and staff here. He will be greatly missed but forever and most fondly remembered.

Lucy Chan Derby

Jerry Brown, photo courtesy Thomas Hawke via flickr.

by Michael Joy, 2L

Although a year away, candidates and voters are preparing for the next California gubernatorial election. The Democratic primary could bring a lot of media attention and could be politically costly for the winner. The Republican primary is shaping up to be just as strenuous, except it may prove to be even more politically and financially costly than the Democratic primary.

The only Democratic candidate at the moment is current California Attorney General Jerry Brown, who is expected to declare his candidacy soon. Although Brown has not declared his candidacy yet, he is ahead in all the polls, both against Democrats and Republicans. Brown brings a great deal of political experience to his campaign, having been governor from 1975-1983, a former Mayor of Oakland, and currently serving at California Attorney General. Brown’s reputation as an unconventional politician has won him supporters, but has also strengthened criticism against him.

The Democratic primary was going to be challenging for Brown, but his opponent, San Francisco Mayor Gavin Newsom, recently dropped out. Unless a new opponent mounts a campaign, it is likely that Brown will coast to the Democratic nomination. This heavily favors Brown because he will not have to spend much money in the primary and he will not be beaten up by his own party opponents. Nasty primary tactics between Steve Westly and Phil Angelides in the primary severely weakened Angelides in the last general election.

Republicans are offering three candidates for governor. Former eBay CEO Meg Whitman, former Congressman Tom Campbell, and current California Insurance Commissioner Steve Poizner are all vying for the Republican nomination. The three Republican candidates will be campaigning against the backdrop of an intensely unpopular Republican governor, Arnold Schwarzenegger. The Schwarzenegger problem might be a non-issue because the Republican base widely perceives the current governor to be a moderate rather than a true Republican.

Meg Whitman brings very strong business credentials, immense personal wealth, and popularity among Republicans to the race. She will be running during a still weak California economy, and her successful record as CEO of eBay will be a very strong point for her. Alternatively, Whitman brings no political experience to the race and has faced minor criticism for her lack of voting participation.

The second candidate for the Republicans, Tom Campbell, is competing with Whitman in early polling. Campbell brings experience as a former Congressman and experience representing the people of California. Although Campbell brings voter recognition, he is going to have to fight against Whitman and Poizner’s spending abilities in order to be competitive in the primary.

The third Republican candidate, Steve Poizner, brings his success as a business figure and current position in California politics to the race. Poizner also brings wealth to the campaign, which will allow him to go head-to-head against Whitman. He will have to overcome his low early polling numbers and will have to introduce himself to voters in order to be competitive.

The Republican primary, with three leading candidates, will be a difficult race. Two of the candidates, Whitman and Campbell, are polling closely. If the race heats up, it may become an endurance contest, which could be financially and politically expensive for the winner. Whitman holds the financial advantage compared to Campbell, but will have to fight against his experience to be successful.

Jerry Brown leads the polls against all current and potential candidates, Democratic and Republican. Brown will be campaigning in a state that is highly disapproving of the Democratic controlled state legislature, but just as disapproving of the Republican governor. If Brown runs unopposed in the Democratic primary, he will hold a large advantage in the general election because he can start his campaign for governor early, focusing on his Republican opponents. To keep the general election close, Republicans need to choose their candidate quickly, conserving financial and political resources.

Matt Kemp, Courtesy of dizbuster319 via Flickr

By Matthew McConnell

So the 2009 Dodgers’ season did not have a happy ending. That means it’s back to the drawing board as the front office start starts laying the ground work for next season. However, the Dodgers are in a unique position because they have very few holes to fill. The Dodgers have a young nucleus of talented players in which GM Ned Colletti should build around by adding a couple of starting pitchers and a second baseman. These are the top five guys from 2009 who will play pivotal roles in the 2010 Dodgers’ quest for a World Series.

1. Andre Ethier

Before the season began, manager Joe Torre compared Ethier to his former All-Star Paul O’Neil. For my non-baseball savy readers, O’Neil was Torre’s right fielder during the Yankees’ Championships in ’96 and ‘98-2000. Like Ethier, he was left-handed, could hit, and was never afraid to show frustration (see record for most water coolers thrown onto field.) While Ethier has always carried himself like O’Neil, most Dodger fans figured we would have to wait a few years until he produced like him. However, in 2009 Ethier did his best O’Neil impression and led the Dodgers in homeruns (31) and runs batted in (106) while also serving up six electrifying walk-off hits. Ethier hasn’t even turned 28 yet and is entering the prime of what has the potential to be a stellar career. Just to compare, O’Neil never hit 30 homeruns in a season and didn’t drive in 100 or more runs until he was 34.

2. Clayton Kershaw

When most of us were 21, we were clowning around our college campus celebrating the fact we could finally drink legally. What was Clayton Kershaw doing when he was 21? Oh nothing special. I mean he only led ALL National League pitchers in opponents batting average against (.200), had the fifth lowest earned-run average (2.78), the fifth highest strikeouts per 9 innings pitched (9.74), and second lowest homeruns per 9 innings pitched (.37). Case in point, Kershaw went toe-to-toe with Cardinal’s ace Adam Wainright in game 2 of the NLCS and only allowed 1 run over his first 6 innings pitched. Days later in game 1 of the NLDCS, he held the Phillies to zero runs through the first 4 innings. Last year Kershaw was simply one of the best pitchers in the National League, despite the fact he was the third-youngest player in the league! Once Kershaw conquers his control problems (third in walks allowed and sixth in wild pitches) and pitches into the seventh inning of games, he will be a true “ace.”

3. Matt Kemp

Kemp’s nickname is appropriately “The Bison.” No, not because he went to SW, silly. It is because he is big, fast, and strong. In 2009, Kemp slugged 26 homeruns and drove in 101 runs while playing stellar defense in centerfield. Centerfielders are supposed to be scrawny guys who steal bases. While the Bison is not scrawny, he was third in the National League in stolen bases (34). Once Kemp develops better plate discipline, he will become one of the elite players in the game and form a dynamic duo with Ethier in the outfield. Also, Kemp is only 25 and still entering the prime of his career.

4. Jonathon Broxton

Big Jon (6-feet-4-inches and 290 pounds) is an intimidating closer. In 2009 he ranked sixth in the National League in saves and led all relief pitchers with 114 strikeouts. To cap off his remarkable season, he allowed less than 1 base runner per inning pitched. Because Broxton has blown two straight NLCS game 4s to the Phillies, some critics focus on Broxton’s failures as a closer. That isn’t fair, nor accurate, because more often than not Broxton is one of the premier closers in the game and strikes fear into the hearts of opposing hitters. If Broxton ever conquers his fear of Matt Stairs, or the Canadian slugger gets deported, Broxton has the potential to lead the Dodgers to the World Series. He is also only 25 and should only become more dominating.

5. Chad Billingsley

It was a tale of two seasons for Billingsley. At the All-Star break, he was the Dodgers’ “Ace” and arguably one of the top three pitchers in the National League (3.34 earned-run average and was selected to the All-Star team). However, Billingsley fell apart in the second-half of the season (5.20 earned run average) and wasn’t even given a chance to start in the postseason. Have no fear Dodger fans. In 2007, a left-handed pitcher on the Indians had a 5.38 earned-run average through his first 16 starts, was optioned down to the minor leagues, and eventually left off the Indians’ postseason roster. This lefty came back in 2008 and had an amazing season as he won the American League Cy-Young Award. That pitcher is the Phillies’ Cliff Lee, who pitched an absolute gem against the Dodgers in game 3 of the NLCS. Moral of the story is you do not give up on young talented pitchers too early. Billingsley is only 25, has a career earned-run average of 3.55 and throws hard with a good breaking ball.

Southwestern Students enjoying a game of craps at the first ever Casino Night/Live Auction. Photo Courtsey of Garen Aliksanian

By Jaspreet Klar, 3L

First Southwestern Casino Night and Live Auction a huge hit

Public Interest Law Week (PILW) raised the stakes this year with the first ever Casino Night and Live Auction. The event was held on October 23, 2009 in the Louis XVI Room from 7pm to 11pm, and was co-sponsored by the Public Interest Law Committee (PILC) and SBA.  All proceeds went to the Public Interest Law Summer Grants.

In previous years the Live Auction was the last event of PILW, and was combined with a Variety Show.  But this year the week began with a bang with Casino Night as the PILW kick-off event.  The evening signaled the start of the many exciting Public Interest Law fundraising events to come.

ìSince it was our first ever Casino Night, there was a lot of work to do leading up to the event for everyone involved,î said Stephanie Herrick, Vice President of PILC.  ìThe event turned out better that we could have imagined.  Everyone did an amazing job, and we are so grateful for all the support we were given to make this happen.î

General Admission to Casino Night included food, drinks, music and one hundred dollars in ìCasino Moneyî to play at several tables including black jack, roulette, and craps.  If luck was not on your side that evening, additional playing chips were provided in exchange for a small donation.  Tickets to the Poker Tournament sold out days before Casino Night, and the well-organized tournament was well received.

Over seventy people competed in Southwesternís first ever Texas Holdíem Poker Tournament.  The tournament was held in La Directoire, or the ìFrench Roomî adjacent to the Louis Room.  Participants in the tournament arrived early to take their seats in what turned out to be a competitive night of poker play. The rounds got more intense as the field of players kept getting smaller throughout the night.  The tournament lasted the entire evening with flashy trophies and Southwestern Baskets donated by Institutional Advancement (IA) being awarded to the top three finishers.  First place went to first year student Shen Yen, who will also get a brick donated by IA on the Promenade and received books donated by Prof. Norm Garland.  Second place went to 3L Melissa Swayze and third place went to Prof. Garlandís wife, Melissa Grossan.

“Casino Night was a HUGE success! We had a bigger turnout than we had hoped for and we have been getting a ton of positive feed back,î said Danielle Foster, Vice President of SBA.  ìAll-in-all it was a classy affair: low-lighting, sparkling cocktail dresses, roars of excitement from the craps tables, a thrilling live auction, great food, cocktails, raffles, lots of laughter and smiles, and all in the name of raising money for Public Interest.”

Midway through the event, all table gaming ceased and the Poker Tournament took a recess in order to hold the Live Auction.  Eight great items were auctioned off including a Barbri course, two tickets on Delta airlines to anywhere in the continental United States or Hawaii and hotel and restaurant packages just to name a few.  One of the most exciting items auctioned off was a Fancy Dinner Party with Professor Popovich and Professor Carpenter at her home for eight students.  A bidding war ensued and ultimately the dinner was won by a group of 1Ls for $1,350.  In all $7,700 was raised in the Live Auction alone.

As gaming resumed and for the rest of the night, all the black jack tables were full and cheers coming from the craps tables could be heard all through the building.  Even though gaming was scheduled to end at 10:20pm, everyone was having such a great time and did not want to leave that SBA extended playing time until 11pm.

At the end of the night, guests were able to turn in their chips for raffle tickets.  Every twenty five dollars worth of chips equaled one raffle ticket.  Players could then either place all their tickets into one drawing or spread them throughout the over twenty items that were raffled off.

In past years the Live Auction has been the biggest fundraising event during Public Interest Law Week,  and this year was no exception.  With lady luck on their side, PILC was able to raise money for the Summer Grants while putting on a fun event with SBA.  The success of the night would not have been possible without the hard work of the Public Interest Law Committee, the SBA, Student Affairs, Institutional Advancement, General Counsel, the volunteers, and all the guests that attended and contributed.

By Ashton B. Inniss, 3L

Staff Writer

The invited speaker and panel moderators reach a consensus: the future of the exclusionary rule is fading, shrinking.

On Friday, Oct. 9, the Southwestern Journal of International Law brought together U.S. and international scholars to discuss international applications of the exclusionary rule and the future of the rule in United States. Essentially, the exclusionary rule excludes admission of evidence at trial gathered in violation of the accused constitutional rights.

Following an eloquent and gracious introduction by Dean Bryant Garth, SW Prof. Karen Smith moderated the morning’s first panel on the “Current State of the Exclusionary Rule.” “There has never been universal support for the exclusionary rule,” declared Loyola Law School Prof. Laurie L. Levenson. Levenson discussed the recent Supreme Court decision Herring v. U.S. In that decision, handed down on Jan. 14, 2009, the Court extended the good faith exception and denied exclusion of evidence gathered after an arrest based upon an expired warrant in a negligently maintained warrant database. While the warrant for the defendant’s arrest was not valid, the Court permitted admission of the evidence based on the arresting officer’s good faith based on the information given. The professor was frequently referenced by other speakers throughout the symposium. Levenson concluded that the Court’s decision created an “unworkable, bizarre standard.”

Prof. Jody David Amour discussed the admission of a defendant’s fear of minorities to explain the defendant’s state of mind at the time a violent offense was committed when approached by an African-American. Amour termed this phenomenon “Negrophobia.” He found that those of his students who would admit this evidence would suppress evidence of a woman’s battered wife syndrome to explain why she acted violently toward an abusive spouse, and vice-versa.

Prof. Ellen S. Podgor, a former prosecutor and criminal defense attorney, finished the first panel. When discussing the rationale behind the exclusionary rule, Podgor described the justification that exclusion deters police from violating defendants’ rights “as just a façade.”

Prof. Máximo Langer, in moderating the second panel, “International Perspectives on the Exclusion of Evidence,” suggested that the U.S. should look to foreign models for guidance on our exclusionary rule. Canadian Prof. Don Stuart described Canada’s discretionary approach to exclusion where the jurisprudence for evidence is treated as a “living tree.” As a corollary, the decisions to exclude or admit evidence, as applied, often depend on individual judges who may never, or always, exclude evidence based on personal principles. Stuart recognized that individuals have no other effective remedy when the police violate their rights, besides exclusion.

Prof. Binyamin Blum discussed Israel’s fledgling exclusionary rule. While Israel does not have a constitution, the state has adopted a series of basic laws and has a judicially created exclusionary rule. As in Canada, the determination of exclusion relies upon determinations of individual judges. The more severe the crime, the more likely evidence gathered in violation of a defendant’s rights will be considered at trial. As Israeli criminal trials are not tried before juries, but before professional judges, there is a greater aversion toward admission based on the rationale that these judges will give the evidence an appropriate amount of weight. In Israel, the national security interest has eroded its already weak exclusionary rule. Blum criticized the deterrence rationale as based on empirical research that no one has collected.

Prof. Stephano Maffei expressed concern regarding the public’s escalating tolerance for state violations of individuals’ rights. Maffei discussed a recent case on appeal before the European Court of Human Rights to illustrate that balancing tests for admissibility of evidence promote majoritarian values. However, the true value of fundamental rights is that they are anti-majoritarian, he said.

Prof. Stephen C. Thaman, a former public defender and comparative law scholar, decries the lack of appreciation for constitutional rights by U.S. courts. The exclusionary rule arose in a time where the wrongs done by the state were more often worse than those acts committed by criminals. Today, the state can avoid the penalty of exclusion of relevant evidence because the state “can get all the evidence they need legally.” With palpable irony, Thaman asserted that “Americans are against big government in every aspect except when it comes to wiretaps, search and seizure.”

The symposium’s final panel, “Future Predictions on the Validity of Exclusion,” was moderated by SW’s recent hire, Caleb Mason. The panel’s first speaker, Prof. Andrew E. Taslitz, expanded upon Supreme Court Justice Ruth Bader Ginsberg’s concerns as expressed in Herring. Namely, denying exclusion for evidence gathered based on negligently maintained police warrant databases sends the wrong message to law enforcement entities. Specifically, when the state profits from its negligence, or wrongs citizens, it can cause a loss of faith in the justice system. Additionally, the Court’s decision creates an incentive for law enforcement agencies to maintain poor computer data about warrants as arrests made on expired warrants will lead to admissible evidence based on the arresting officer’s good faith. Taslitz framed the exclusionary rule as a public check on the government where “the perfect monitorial citizen, in the Fourth Amendment context, is the criminal defendant . . . [as a result of] strong motives to challenge” governmental intrusions.

Forecasting the future of the exclusionary rule, Prof. James J. Tomkovicz asserted that, “the past predicts the future of accelerated erosion of accelerated erosion” of privacy rights protected by the exclusionary rule. Lamenting the decline of the exclusionary rule, Tomkovicz lectured that “a mere ‘exclusionary rule’ that is not a constitutional right is much easier to erode.”

The symposium’s final panel speaker, Prof. David A. Sklansky, made three predictions about the future of the Fourth Amendment and exclusionary rule 10 years from now. First, the scope of events leading to exclusion will continue to shrink. The Herring decision made clear that only flagrant abuses would trigger exclusion. Also, abuses in police departments that engendered a strong exclusionary rule half a century ago do not occur as often today. Second, the exclusionary rule in the U.S. will still exist, and it will be stronger than its foreign counterparts. Third, the contours of the exclusionary rule will be as clear in 10 years as they are today.

Ultimately, suppression motions are the primary methods by which we send a message to the police about their behavior, although it is an imperfect message. Addressing practicalities of criminal practice, a former prosecutor for the U.S. Attorneys’ Office, Mason pointed out that “plea bargaining is always done against the backdrop of a potential suppression motion.”

By Matthew McConnel, 3L

OK, so it is the beginning of October, and we are about half way through the semester, but the real stress is about to kick in. No, I am not talking about LAWS problems or midterm papers, I am talking about baseball playoff season: the postseason. As predicted, the Dodgers finished ahead of the pack and won the National League West. Their rivals, the hated San Francisco Giants and pesky Colorado Rockies put up a valiant effort, but the Dodgers won critical August and September series against each team to extend their lead.

Now the Dodgers need to win 11 games against the best of the best. In true law school fashion, I will brief the case that is the 2009 Los Angeles Dodgers.

Issue: Do the Dodgers have what it takes to win the World Series?

Rule: In order to win the World Series, a team must have starting pitchers who give their team a chance to win, an offense that is capable of scoring runs, and a bullpen that can get outs and protect leads late in the game.

Analysis: Starting rotation: On paper, the Dodgers’ starting pitchers might not be as recognizable as other teams. The Phillies have all-stars Cliff Lee and Cole Hamels, the Cardinals have former Cy Young award winner Chris Carpenter and Adam Wainright. Starting the season, Chad Billingsley was supposed to be the ace of the Dodgers staff. However, his second-half struggles (3.38 E.R.A first half, 5.34 E.RA. second half) have left Randy Wolf (2.87 E.R.A second half) and Clayton Kershaw (2.43 E.R.A. second half) fighting for the “ace” label. While Wolf and Kershaw might not have the name recognition the other teams have, a close look at their stats show that they can get outs and keep the Dodgers in games. A healthy Hiroki Kuroda (3.23 E.RA. second half) and a return to form from Billingsley would give the Dodgers a very formidable 4-man rotation for October.

Lineup: Rafael Furcal, James Loney, and Russell Martin underperformed all year. Leadoff hitter Furcal struggled to get on base all season (.320 OBP in 09 v .348 career), Loney forgot how to hit for power (.403 SLG in 09 v .455 career), and Martin became a glorified singles hitter (.338 SLG in 09 v .469 in 07). As you can see, one-third of the Dodgers hitters were almost automatic outs all season. Thankfully, Casey Blake (.365 OBP, .471 SLG) and Orlando Hudson (.354 OBP) have been solid while Matt Kemp (.362 OBP, .500 SLG) and Andre Either (.365 OBP, .531 SLG) have emerged as genuine offensive stars. The Dodgers will need Manny Ramirez to perform closer to his first half stats (.487 OBP and a .699 SLG) than his second half (.380 OBP and a .492 SLG). Against some of the best arms in baseball, the Dodgers will need contributions from everybody in the lineup, something that has been hard to come by all season.

Bullpen: The Dodgers have the best bullpen in baseball. Jonathon Broxton has arguably been the best closer, averaging less than a base runner per inning and striking out well more than a batter an inning. Throw in the deadly lefty combo of George Sherrill and Hong-Chih Kuo and right-handed flamethrowers Ronald Belisario and Ramon Troncoso, and the Dodgers will be able to get outs late in the game and protect leads.

Conclusion: Last year the Dodgers were not supposed to get out of the first round of the playoffs. This year, they will wind up being the underdog against good Philadelphia and St. Louis teams. However, over a 162-game span, the Dodgers had the best record in the National League not by accident. They had the best pitching staff and an offense that can put some runs on the board. Whatever the outcome, it will be an exciting October.

SW’s campus will expand to include the building to the west of Bullocks Wilshire. Photo Credit: Liz Reinhardt

By Stephanie Herrick, 2L

Southwestern Law School prides itself on being an excellent Public Interest Law school. Public Interest can include working in areas of the law such as immigrant rights, children’s law, homelessness prevention, housing, consumer rights, disability rights, and any number of social justice issues that lawyers can be a part of litigating and creating policy for to advance the rights of individuals.

“There are several reasons why students should consider working for a public interest law organization,” Prof. Ronald Aranovsky, Chair of the Public Interest Law Committee, said. “Above all, the work is important. Large segments of our community need legal services to deal with important problems in their lives but cannot afford an attorney. Students who work in public interest firms help meet this need.”

Students should get involved in public interest legal work because it will benefit them as people as well as lawyers. “Working for a public interest firm can provide excellent training opportunities, including client interviewing and legal writing and research skills development as well as the chance to work closely with and learn from experienced lawyers,” Prof. Aranovsky said. Anyone who takes the time to give back to the community and help others should feel good about their work and know it was time well spent.

In addition, Southwestern has sought to further its commitment to public interest law by creating the Public Service Program. This program rewards students for the volunteer hours they give during their law school career.

Students can get credit for PSP hours either through on campus or off campus volunteer opportunities. A full list is available on the PSP TWEN site. Below are some of the opportunities students can get involved with right here on campus.

General Relief Advocacy Project (GRAP)

GRAP is a program that was developed by Public Counsel’s Homelessness Prevention Law Project. A Public Counsel attorney supervises the law school program but it is run by the students. Volunteers for GRAP advocate on behalf of pubic benefits recipients at the local Los Angeles County Department of Public Social Services offices. The program includes a training that covers information about the reality of homelessness in Los Angeles County, the legal basis for GRAP, and what volunteers need to know when they advocate for clients in the field. Outings to the DPSS offices are then arranged on Friday afternoons once a month throughout the school year. Students ask clients about their needs and provide them with assistance. This assistance usually includes advocating for a client’s rights regarding receiving public benefits, helping clients through the process of applying for benefits, or giving legal referrals or other information, such as where to find homeless shelters and medical care. Students learn client counseling and negotiation skills when advocating on behalf of clients, and are given an opportunity to see what they can do using the legal knowledge and advocating skills they have acquired.

Sign up sheets for GRAP trainings and outings are available on the GRAP TWEN page.

Teen Court

Teen Court is a juvenile diversion and prevention program with the intent to reduce recidivism and encourage first time juvenile offenders to accept responsibility for their actions and to stay out of the juvenile court system. The hope for the program is that a juvenile offender will not continue their criminal behavior after participating in a judicial process in which a jury of their peers, which are other teenagers, decide the verdict and recommend disposition orders. Law students who participate visit local high schools to observe Teen Court trials and assist with jury instructions and jury deliberation. Students who participate in Teen Court have the opportunity to learn more about the juvenile delinquency system while making a difference in the community.

The trials are on Wednesdays or Thursdays from 3pm to about 5:30pm. Sign up sheets are available on the Teen Court TWEN page.

Volunteer Income Tax Assistance (VITA)

VITA is an IRS program that is run at Southwestern by the Tax Law Society. The purpose of VITA is to offer free income tax preparation to low income and elderly tax payers. Volunteer preparers will work on campus Saturday afternoons, February 6 through April 10, 2010. All preparers must pass a basic certification test through the IRS website. This experience gives students the opportunity to learn how to do their own taxes and those of their friends and family, as well as gives them practical professional skills that will be very useful upon graduation. Students who participate not only learn a great deal, but also help others in need.
For more information on training and participation, students should sign up for the Tax Law Society TWEN page.

Chad Derby, 3L

On Wednesday, September 6th, Professor Laura Cohen, along with the SBA Community Affairs Committee, held a well received informational meeting about Southwestern’s new Public Service Program. The PSP is designed to promote student’s involvement in public interest legal work and to reward them for their service.

“The Public Service Program encourages law students to use their legal skills to help others both on and off campus,” Professor Cohen said. Participating in Public Interest legal work is a way for students to gain experience and develop legal skills, enhance exposure to substantive law, as well as build relationships with attorneys and local community organizations. Southwestern encourages all students to perform at least twenty-five hours of pro bono public service each academic year.

Representatives from various public interest organizations attended the meeting and provided information about what their organization does, and how students can get involved. On campus organizations present included Teen Court and GRAP. The community legal organizations included Public Counsel, the Legal Aid Foundation of Los Angeles, Neighborhood Legal Services, Harriett Buhai Center for Family Law, Bet Tzedek, and the Alliance for Children’s Rights. All of these public interest law firms offer volunteer opportunities during the year for which students can earn PSP hours. A complete list of opportunities on and off campus is available on the PSP TWEN site.

“I am here to answer questions and to help find volunteer opportunities in our community,” Professor Cohen said. “My hope for students who get involved is that you will learn a lot while doing the volunteer work now, as well as come away with a sense of responsibility and understanding of your role to society as future lawyers.”

Students who complete twenty-five hours of pro bono public service in a year will receive a formal letter of recognition from the Dean and be invited to attend an end-of-year banquet. Additionally, students who perform at least seventy-five hours of public service throughout their law school experience will be recognized at commencement ceremonies and a notation will be placed on their law school transcript.

To qualify, the public service work must be performed under the supervision of a licensed attorney or faculty member, students may not receive compensation or academic credit, and the public service work must be law related.

For more information please sign up for the “Southwestern Public Service Program” TWEN or stop by the Legal Clinic, 4th floor Westmoreland Bldg., and review the bulletin board.

By Cynthia Castellon, 3L

Public Interest Summer Grant Program

Public Interest Law Week is just around the corner, and the importance of the event is greater this year than ever before. With the down turn in the economy, the need for public interest law has increased while the number of available paid jobs for law students has decreased. The week of events will raise awareness about the public interest legal field as well as raise the funds needed for the Public Interest Law Summer Grant Program.

Since the vast majority of public interest firms are unable to pay summer interns, the grant gives students an opportunity to work for public interest agencies for pay. Many of these firms see students as a necessary part of their services. As more and more people fall on hard economic times, more of them are qualifying for public services. An increase of people qualifying also comes with a increased need for volunteers and student workers.

“The summer public interest law grants provides students with opportunities to work with a nonprofit organization that provides free or low-cost legal assistance to low-income or marginalized individuals or underserved communities,” Ronald Aranovsky, Chair of the Public Interest Law Committee, said. For nineteen years the goal of the week has been to raise as much money as possible in order to provide as many grants as possible. Every year the number of applicants outnumbers the number of grants available, and this year does not look any different.

“One way for students to improve their chances of receiving a grant is to become actively involved in Public Interest Law Week fundraising activities,” Prof. Aranovsky said. “It also helps if students have already received a summer clerkship offer from a qualifying organization, or at least applied for a clerkship, by the time they submit the summer grant application.” Applications for the grant are due in the Spring once students have started applying for jobs or have a summer job lined up. The committee that determines which students will receive the grant takes into consideration whether students volunteered and helped in the planning of Public Interest Law Week and took part in the events.

Public Interest Law Week

Public Interest Law Week will take place from October 23 through October 29 and will be filled with fundraising events and informational sessions.

The week will kick off on Friday, October 23 with the first ever Casino Night/Live Auction co-hosted by the SBA. The event will take place in the Louis XVI Room from 7pm to 11pm. There will be table games, a poker tournament, drinks and appetizers, and great items auctioned off. Tickets to Casino Night will be sold the week prior to the event in front of Westmoreland. All students, faculty, and community members are welcome to attend.

The following Monday, October 26, Leslie Starr Heimov, Executive Director of the Children’s Law Center, will be the Public Interest Law Week Keynote Speaker. The event will take place in room W311 at 12:30pm, and is intended to raise awareness about public interest opportunities that are available. Monday will also be the start of the Bake Sale that will be in front of Westmoreland and will run through Wednesday, October 28. Additionally, pre-bids for the silent auction will begin on Monday. The silent auction bid binder will be available in front of Westmoreland.

Tuesday, October 27 during lunch will be the always exciting Trivia Bowl. Twenty teams of up to 5 people will have the opportunity to test their knowledge on legal topics and pop culture. Whether it’s by forming a team or cheering on your friends and professors, the Trivia Bowl always proves to be an entertaining event.

The Exercise-A-Thon will be held on Wednesday, October 28 during lunch at the fitness center. Deans, professors, and students will run on the treadmill or elliptical machine for pledges as students watch and cheer them on.

The week will conclude on Thursday, October 29 with the Public Interest Career Fair and the Silent Auction. The Career Fair is co-sponsored by the Career Center and will include employers and information about job opportunities in the Public Interest Field.

The Silent Auction finale will be held in the Salle Moderne from 4pm to 6pm, and this will be the final opportunity to show support and place bids on the great items being auctioned off.

Public Interest Law Week is made possible by the hard work and dedication of the Public Interest Law Committee who begin in the summer preparing for all these events. The success of the week is made possible by everyone who volunteers or contributes, whether it is by buying an item at the live auction or buying a cookie during the bake sale. To find out how you can get involved add the Public Interest Law Committee TWEN or email sherrick@swlaw.edu.

Teen Court

Franklin High School

SW’s campus will expand to include the building to the west of Bullocks Wilshire. Photo Credit: Liz Reinhardt

October 29

November 19

December 17

Dorsey High School

October 28

November 11

Fairfax High School

October 21

November 18

GRAP Outreach

October 2

November 13

Public Interest Law Week

Friday, October 23 – Casino Night/Live Auction co-sponsored with SBA

Monday, October 26, Tuesday, October 27, and Wednesday October 28 – Bake Sale

Monday, October 26 – Keynote Speaker – Leslie Starr Heimov, Executive Director of the Children’s Law Center

Tuesday, October 27 – Trivia Bowl

Wednesday, October 28 – Exercise-a-Thon

Thursday, October 29 – Public Interest Career Fair 12:20 – 2

Silent Auction – 4 to 6