Sandra Day O'Conner speaks at Pomona. Photo Courtesy of Stephannie Herrick.

By: Stephanie Herrick, 2L

Former United States Supreme Court Justice Sandra Day O’Connor spoke about the importance of judicial independence and education during the Distinguished Speakers Lecture at Bridges Auditorium at Pomona College on Tuesday, March 30.

An audience of roughly 1,000 people enthusiastically greeted the retired justice, who served on the U.S. Supreme Court from 1981 to 2006.

“When I retired from the U.S. Supreme Court, I had become aware of a serious problem in the United States that affects our nation’s courts, both state and federal,” O’Connor began. “There are a great many people in the U.S. today who think that judges are just politicians in robes.”

She said that the general view among Americans is that judges are “activist, secular, godless humanists trying to impose their will on the rest of us.” As a retiree of the court, O’Connor said she felt she should discuss this issue. She said that the courts play a vital role in our country. “It’s clear to me that we have to care about the judicial branch,” she said.

“Having your day in court in this country means standing before an impartial judge or panel of judges, and having the merits of the case decided without passion or prejudice. It means that there is at least one safe place, where being right is more important than being popular. And where fairness trumps strength,” O’Connor said.

“I worry that this ideal of having one’s day in court is being eroded by the ever increasing threats to judicial independence across the country.”

O’Connor then discussed the importance of judicial independence, the modern day threats to it and how she believes people might better defend against those threats. She stated that these problems should concern not only state but also federal judges since people see judges as a group, and do not separate them by city, state, appellate and federal. She said one major problem is how to choose judges.

“Should our judges face recurring elections, or do their jobs require a higher degree of insulation from popular reprisal? Should judges have a life term or specific term limits?”

She said that these problems are not easy to answer, but we might look to how our founding fathers decided to choose Supreme Court justices as a guideline.

“Many Americans today do not even see the need for independent judges. Many tell us they prefer a judiciary that merely acts as a reflex of popular will,” said O’Connor. “A great majority of our state court judges are elected. California still elects some of its judges. No other nation in the world has chosen to elect their judges.”

“This system has had a harmful effect on how the public perceives judges and their role.” O’Connor stated that a system that relies on popular elections to select judges destroys the respect people have for judges.

She said that if she could do just one thing to improve the reputation of this country’s judiciary, it would be to convince states to stop having elections and instead switch to merits selection or some other appointment system.

“The single greatest threat to judicial independence is fairly modern and uniquely American,” she said. “And that is the flood of money that is coming into our courtrooms by way of increasingly expensive and volatile judicial campaigns. One reason for this is well-organized special interest groups who have strong preferences in the outcome of certain kinds of cases.”

“Campaigning for a state judicial office is often as expensive as campaigning for a seat in the United States Senate,” she said.

O’Connor discussed a case where a single donor contributed more than $3 million for a judicial campaign – and how the judge elected voted in favor of the donor, who was also a party to a case pending before the court. She said that judicial campaigns and cases like this breed distrust in citizens.

“The mere appearance of such a gross impropriety drastically undercuts the public respect for the judiciary,” she said.

“Voters in states that elect judges are more cynical about the courts, and . . . are less likely to believe that judges are fair and impartial.” She said that some studies show that judges are, in fact, influenced by campaign contributions.

“An independent judiciary is critical for all citizens, and unregulated judicial campaigns threaten Americans’ trust in the process.”

O’Connor went on with her next main point, which was that ignorance about the role of the judiciary is a big problem in this country. She said that the long-term solution to this problem is education.

“We have to bring real and meaningful civics education back into our classrooms. Knowledge of our system of government is not handed down through the gene pool,” O’Connor said.

“According to the Annenberg Public Policy Institute, two-thirds of Americans know at least one of the judges on American Idol, but only 15 percent can identify the chief justice of the United States,” she said.

To help combat this problem, she launched the website www.ourcourts.org, which features free interactive online games about civics targeted to middle school students. In one of the games, students play a law clerk to a Supreme Court justice and help decide a case, and then students can help write the majority opinion. In another game students help run a Constitutional Rights law firm, advising clients of their rights. The website also has resources for teachers, online videos and information, and a forum to discuss civics topics.

After her lecture student audience members were given the chance to ask questions directly to O’Connor. She made the audience laugh many times throughout the question-and-answer period.

“I thought it was great, I was surprised how much I laughed. She was funny. I love her wittiness and quick comebacks,” said Caroline “Tina” Morales, who graduated from Southwestern in 2003.

By: Natalie Wright 3L

On March 27, 12 SW students boarded the REAL Justice Bus, bound for a two-day trip to San Luis Obispo County. The mission: to provide pro bono legal aid to one of California’s most underser

Justice Bus participants arrive in San Luis Obispo. Photo courtesy of Natalie Wright.

ved rural communities.

For two days, the students –representatives of several SW programs and class levels– interviewed rural clients and, supervised by licensed attorneys, provided legal advice on consumer credit and housing-related legal issues. The students benefited greatly from the practical experience in interviewing and client-counseling, while the clients benefited from a rare opportunity to receive free legal counseling on complex legal issues.

Justice Bus was a collaboration between SW’s Community Outreach Director Laura Cohen, the Public Interest Clearinghouse, or PIC, a nonprofit legal aid foundation based in San Francisco, and the California Rural Legal Assistance nonprofit corporation.

PIC was founded in 1979 by a group of law students. PIC created the Rural Education & Access to Law, or REAL, Project to expose urban law students to the tremendous need for legal services in rural areas of California and to inspire them to provide pro bono work when they become lawyers.

The student volunteers worked alongside attorneys Julie Mercer Ingram, Mike Blank and Abby Lassen of California Rural Legal Assistance, a federally funded nonprofit legal aid organization with offices throughout California. Students counseled clients directly and conferred with the attorneys in a closed-off area to preserve confidentiality. The intake process and funneling of legal issues made it possible for the attorneys to advise more clients in a short period of time.

Clients’ problems are often too complex to solve in a few hours. Instead, REAL Trip clinics serve to triage each client’s most urgent legal needs and inform clients of their legal rights. Debt and housing issues, including foreclosure and eviction, can be very emotional and overwhelming, especially when students have never met with clients before.

That said, the clients were very grateful for the support – even those who received unfavorable legal prognoses. They seemed to truly appreciate the volunteers’ time and effort, knowing that without it, they may never have a similar opportunity to such legal access. Likewise, the student volunteers were gracious and enthusiastic about the opportunity to help. The experience of putting hard-earned skills to practice was extremely rewarding, especially in a setting where they could have such a visible impact.

To date, the REAL Project has engaged more than 230 law students from more than 15 law schools to address the legal needs of more than 600 rural clients and their families.

While this was SW’s first Justice Bus trip, based on its success and the sheer enthusiasm from applicants, it will not be the last. The 12 participants were selected from a pool of more than 40 candidates – the most applicants ever received for a REAL trip. Students were chosen based on the quality and timeliness of their applications. REAL trips are no cost to law students. Food, accommodations and transportation are provided. Additionally, students who participated received 25 public service participation hours. Keep your eyes out for the next REAL Justice Bus trip! Here is what some of the participants had to say:

Quotes:

- “The Justice bus was amazing because it allowed me to have an unscripted real-life client interaction. More such programs that create a similar experience would go a long way in preparing students for real-world legal practice.” – Jessica Wright, 3L

- “I’m a 1L Evening student, and I have to say the Justice Bus was a great experience. Not only was I involved in helping real people with real problems, I learned a tremendous amount from both the participating attorneys and my fellow students. I’d do it again in a heartbeat.” – Lorenzo Callender, 1L

- “The Justice trip is a great experience for 1Ls since we really don’t get real-life client experience in class. It’s a great way to gain experience of working with clients while understanding how much you can help another person’s life as an attorney.”
– Vanessa Manzi, 1L

The Tower Bridge in London. Photo courtesy of Chad Derby.

By Lucy Chan Derby

As a student who participated in the International IT Law Program in London last summer, I highly recommend this experience for anyone who does not already have summer plans. Sure, you can take summer school courses on campus, but keep in mind that the school generally offers the same courses each summer so you certainly would not be missing out. Why not earn your units attending class in London instead? The full cost of the program is $7,250 for six units for five fabulous weeks in London, with housing and breakfast included. You do not have to be a mathematician to realize that $7,250 for six units is cheaper than taking six units on campus, which currently totals $7,350, not taking into account the likelihood that tuition will increase by 4 percent effective summer 2010.

Students will be staying in a dormitory where they each get their own bedroom with a personal bathroom, internet access, weekly housekeeping, and a complimentary traditional English breakfast of sausage, hash browns, eggs and fruit every morning. The dormitory is just a short walk to the University College London, where classes are held from Monday through Thursday every week. Yes, that’s right . . . you get a three-day weekend to maximize your studying time – of London that is! Did I also mention that classes are only half-day, from 9 a.m. to 1 p.m.? Studying abroad is just so hard.

The four courses being offered this year are Comparative Information Privacy Law and Regulations; Comparative Electronic Commerce Law and Regulations; and Interviewing, International Cybercrimes, Counseling and Negotiating (ICN) in the IT Sector. Comparative Information Privacy Law and Regulations and Comparative Electronic Commerce Law and Regulations are taught by non-SW professors who have expert knowledge in their fields and presents students the international laws and arising concerns.

The other two classes are taught by two favorite professors at SW. Our own Prof. Michael Scott, an expert in the area of technology law, will be teaching International Cybercrimes this year. I greatly enjoyed this class last summer because it was interesting and simply different from anything else in law school as I learned about hacking, malicious spyware, the Fourth Amendment as applied to computers and software, and more. Another SW favorite is Prof. Nyree Gray, who will be leading a hands-on course in teaching students how to negotiate agreements, interview, and counsel clients. A winning SW combination makes this program hard to pass up.

Now, onto more important matters such as sightseeing, activities, and traveling inside and outside of the United Kingdom. London has a plethora of attractions from free museums and vast, green parks to historical monuments and buildings. Less than a block away from the dormitory is the renowned British Museum, which holds some of the world’s most precious treasures like the Rosetta Stone and Greek Marbles. You can spend days there taking in the rich history and all for free, of course. Hyde Park is a park that one could get lost in, but a popular place for summer concerts and Sunday soapbox preachers. Parliament is breathtaking in all its splendor, and if you are lucky, you may even be able to sit in on sessions of the House of Lords or House of Commons. And do not forget to visit the Tower of London where Anne Boleyn and a few other wives of Henry VIII were beheaded.

Transportation via the Underground can transport you in a matter of minutes to all the tourist attractions and shopping spots. Students should buy an Oyster card, which allows them to put on as much or little value as needed and simply gets deducted as they tap their card at each station. London has amazing sales during the summer, and if you have an eye for couture, be sure to check out Harrods, Selfridges, and Bond Street. Flea markets Camden Market and Notting Hill offers a full day of browsing clothes, souvenirs, accessories, books, antiques, and more. If you love Shakespeare, the Globe Theater is a must, and tickets can be easily ordered online. This year is power-packed with Macbeth, Henry IV, Henry VIII, and more. Be forewarned that it is highly recommended you purchase your tickets as soon as possible if you want to see a particular production with good seats.

Visiting other parts of the U.K. is a breeze now that the Oyster is valid on National Rail, allowing you to visit other famous cities like York, Oxford, Edinburgh, and more via train. Another alternative, if you are brave (or crazy) enough, is to consider driving in the U.K. by renting a car and splitting it amongst a group. We found it more economical and timesaving to rent a car and drive out to Stonehenge and then Windsor Castle on the way back. Travelling outside of the U.K. is also quite easy as students often take extended weekend trips to Amsterdam, Barcelona, Prague, Scotland, Ireland, France. The Eurostar is a short fast-speed train ride to Paris through the “chunnel” in two and a half hours.

Two participants of the 2009 IT London Program share their thoughts. “The program was the chance of a lifetime! I loved the classes, my professors, and I had a blast traveling all over Europe and learning about different cultures,” said Jennifer Carter, 2L,. Also, Mark Feriante, 3L, shares, “IT Law is fascinating. Prof. Scott was so accommodating, and he set us up with the leading experts in the field.” You will not regret this summer if you sign up for the International IT London Program. Technology and international law is where our future is heading. So why not take advantage of learning from the brightest minds in the field while seeing the history of where our country originated from.

Southwestern Law School

On Jan.12, the unthinkable happened: at approximately 4:53 p.m. local time, a 7.0 magnitude earthquake struck the Ouest Province, about 15 miles from Port au Prince, the capital city of Haiti, according to the U.S. Geological Survey.

The quake directly affected Port-au-Prince, Carrefour and Jacmel, as well as other areas to the west and south of Port-au-Prince. Cities and towns in the earthquake’s radius suffered overwhelming amounts of physical damage, as buildings collapsed through the region.

The quake caused a substantial amount of damage in part because the earthquake itself was very shallow, centered only 8.1 miles beneath the surface. The quake’s energy released very close to the surface, causing violent ground shaking. Unofficial UGSC reports indicate that the quake may have lasted up to a minute long.

Prior to the earthquake, Haiti’s infrastructure was particularly fragile. In 1804, Haiti became the first independent Latin American country and the first Black-led republic to eliminate slavery with the successful Haitian Revolution from the French. However, since that time, Haiti has suffered from numerous occupations, interventions, and coups as well as from weak national leadership. Haiti is the poorest country in the Western Hemisphere. And in 2008, Haiti suffered a rapid succession of Hurricanes: Fay, Gustav, Hanna, and Ike, which occurred within a four-week span. The 2008 hurricane season flooded and destroyed major areas of the country and displaced nearly hundreds of thousands of persons.

Haiti’s poor economic system and fragile infrastructure will face significant obstacles in the days, months, and years ahead. Many of the buildings and other structures in Haiti were not constructed with sufficient earthquake resistance. The New York Times reported as of Jan.28 that 20,000 commercial buildings and 225,000 residential building had collapsed or were severely damaged and need to be demolished.

To date, the death toll is unknown. Estimates range from 150,000 to 250,000 people dead. The numbers are even higher for people wounded, trapped, missing, displaced, or homeless. More than a dozen strong aftershocks of a 5.0 magnitude or larger have exacerbated the catastrophe, including a 5.9 magnitude quake that struck on Jan. 20. Domestic and international efforts continue to search for those still missing amid the rubble.

Beyond the loss of people and property that have occurred in Haiti, future fears include the potential losses to the Haitian culture. As CNN’s Soledad O’Brien reported, in Jacmel alone, Haiti lost at least 4,000 people, many of whom were involved in Haiti’s film festival, its music studios, and the paintings and masks that draw tourists and Haitians to this seaside town. The quake destroyed two buildings to the country’s only film school, and mountains of sheet music for the classes at Ecole Musique were scattered in the rubble. Art galleries and museums in Port-au-Prince were extensively damaged, including the city’s main gallery Centre d’Art and the Holy Trinity Cathedral, home to interior murals painted by some of the best-known Haitian painters of the 20th Century.

Government buildings damaged include the Palace of Justice, the National Assembly, the Supreme Court, and the National Palace, official home to Haitian Pres. Rene Preval. And according to Joel Jean-Pierre, Haiti’s Minister of Education, the educational system has suffered a total collapse. The three main universities in Haiti and about half of the country’s schools have been damaged by the quake.

While earthquake experts have warned for some time that the region may suffer a major earthquake, the sheer force of this quake destroyed even some of the strongest structures in Port-au-Prince, including the president’s palace. Haitians have remained resilient through previous catastrophes, as they have an unassailable strength of survival.

Much has been made of how individuals relied upon new technologies like Twitter and YouTube to broadcast locations and videos of survivors. Less reported were the successes of lower tech methods. Signal FM, a local Haitian radio station, struggled to remain on the air during and after the earthquake. Fortunately, the station’s studios and broadcasting tower withstood the quake intact. Additionally, the station had multiple generators to provide continued electricity. Quickly, Signal FM became one of the few places to which Haitians could turn for information and updates in the earthquake’s aftermath.

With the help of the U.S. and the rest of the international community, Haiti and its people will come back from this tragedy. Almost immediately after the quake struck, individuals and organizations mobilized in response to the quake. Organizations that are accepting donations for aid to Haiti include: Partners in Health, the Red Cross, the Clinton Bush Haiti Fund, and the Yele Haiti Earthquake Fund. Get involved through donations and through sharing stories of survival in Haiti. While more than $560 million has been raised so far for Haiti earthquake relief, much more will be needed. The scope and magnitude of destruction in Haiti will require a long-term commitment. The rebuilding of a country begins.

Written by Derrick Alan Everett, LLM Staff Writer

Kaiser provided free regular flue shots to Southwestern students covered under the school health insurance plan. Photo courtesy of Shadi Sed.

The H1N1 virus (commonly known as Swine flu) is a strain of the flu that was first detected in April, 2009 in the US and in many other countries. The virus has since reached Pandemic proportions. This means that the virus has spread through human populations across the globe. However, this has not been the first time this virus has appeared. In 1918 and 1957, Swine flu, or variants of the virus circulated in pandemic fashion, claiming many lives. Fortunately, we know a lot more about the Swine flu today, and our government has responded by declaring a national emergency with respect to the Swine flu.

Swine flu is contagious, spreading from person to person, but not from eating pork products. Most people that have contracted the virus have recovered without need for medical treatment, and those that did go to the hospital usually had other medical conditions. For Swine flu patients with significantly weakened immune systems, doctors administer anti-viral drugs that help physically prevent the virus from multiplying in the body. These drugs are usually unnecessary for recovery in average healthy adults, and are used sparingly to prevent the Swine flu from developing resistance.

Besides getting vaccinated, extremely important ways to prevent the spread of Swine flu are simple everyday hygienic practices. Some good practices include:
• Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
• Wash your hands often with soap and water, especially after you cough or sneeze. If soap and water are not available, use an alcohol-based hand rub, such as those available near the elevators in the Westmoreland and BW buildings.
• Avoid touching your eyes, nose or mouth. Germs spread that way.
• Stay home if you get sick.
Source:
http://tinyurl.com/mk3htu

The Swine flu vaccine is available in two formats and uses the same time-tested, safe techniques that are used to generate most vaccines. The traditional flu shot contains proteins separated from the flu virus. Those proteins are part of the shell that encapsulates the virus, and can’t cause illness. But your immune system learns to recognize them, and mounts a protective reaction if a real live flu virus tries to infect you. In contrast, the nasal spray version of the vaccine contains a live flu virus that has been weakened to the point that it can’t cause the flu. This nasal spray can be more effective for children.
Source:
http://tinyurl.com/ybb8amd

On the policy front, President Obama declared the 2009 H1N1 Pandemic a national emergency
on October 24, 2009. As a result, the Secretary of Health and Human Services “may exercise the authority under section 1135 of the [Social Security Act] to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency.” Before exercising this authority, “the Secretary shall provide certification and advance written notice to the Congress.”
Source:
http://tinyurl.com/yhap3cx

While Swine flu is a serious disease, we are fortunate to have modern medicine on our side, and a government working aggressively to curb its spread. Coupled with vaccination and common sense hygiene practices, we will be able to keep ourselves and our families healthy as we ride out this pandemic.

Written by Earnest Kwong, 2L Staff Contributor

Ben Sheets has a good chance if he takes an incentive-laden deal. Photo courtesy of Matthew Schnell.

The Dodgers are in a very perplexing position this offseason. They have a nucleus of talented young players and very few holes to fix. Going into next year, the Dodgers need to add a couple of starting pitchers, a second baseman, and a couple of bench players. However, general manager Ned Colletti’s job is going to be much more difficult. Anybody who has been following TMZ knows that the owners of the Dodgers, Frank and Jamie McCourt, are experiencing a messy public divorce. This column has always been devoted to hard-hitting statistical economic analysis and, in true fashion, will not divert into the kind of substance that readers used to be able to find in this paper’s former Variety section. However, rumor has it Colletti has been told to make only cash neutral transactions until the divorce is finalized. Therefore, his hands are tied, and barring a financial bailout from Pres, Barack Obama, Colletti will not be able to add salary to next year’s roster. However, lucky for him, I have contributed my two cent towards how to fix the starting rotation.

Have: Clayton Kershaw, Chad Billingsley, and Hiroki Kuroda

Possible Internal Options: James McDonald, Scott Elbert, and Ramon Troncoso
Interesting Realistic External Options: Edwin Jackson, Randy Wolf, Ben Sheets, Rich Harden, Erik Bedard, Vicente Padilla, Jon Garland, Doug Davis, Justin Duchscherer,
The Dodgers’ strength last year was their pitching staff. However, it was the failure of the Dodgers starting pitching to pitch deep into games that doomed their World Series chance. The Dodgers have an ace in the making in Clayton Kershaw, a very talented Chad Billingsley and, when healthy, a very effective Hiroki Kuroda. Therefore, Colletti does not need to turn water into wine here. He just needs to add some capable arms that can keep the Dodgers in games, give them a chance to win, and get the bullpen the ball in the later innings.
If the rumors are true, and the Tigers are willing to trade Edwin Jackson for George Sherrill, Colletti should have made this trade yesterday. Jackson, a former Dodger prospect, is only 26 and had a breakout year last year in the tougher American League. The Tigers reportedly want Sherrill to be their closer next year. I like Sherrill, but if you can acquire a starting pitcher who will give you 200 above average innings for a relief pitcher who will only you around 70 of the same quality, you pull the trigger and don’t think twice. The cherry on the cake is that Jackson and Sherrill will earn the same salary in 2010.

Ben Sheets is interesting. He missed all of 2009 due to injury but was outstanding in 2008. If he is willing to take an incentive-laden deal, I would take a flyer on him. Erik Bedard and Rich Harden can be electric, but they are also rarely healthy. Randy Wolf had a career year but is approaching his mid-30s and is supposedly looking for a 3 year deal. If Wolf is willing to discuss reasonable money for two years, Colletti should listen to him because he eats up innings and is a grinder. In the postseason, it seemed like Vicente Padilla was sent from a divine hand to save the Dodgers’ season. However, statistics show he is just an average pitcher (4.33 career ERA), and I am not too excited about him. Doug Davis is intriguing. He is an above-average left hander and eats up innings. However, while watching him pitch, I just wonder how he gets it done with his repertoire of slow junk. Justin Duchscherer was outstanding in 2008 (2.54 ERA in the American League) but like others was hurt all of 2009. Jon Garland is capable of pitching 7 to 8 innings every start, but he will also give up close to 4 runs.

Result: Dodgers need at least one of McDonald, Elbert, or Troncoso to develop into a starter from within the organization. Look for Elbert to stay in the bullpen, especially if Sherrill is traded. If Sherrill is traded, hopefully Jackson is back in Dodger Blue. Colletti needs to do his homework and monitor the recoveries of Bedard, Sheets, and Duchscherer. If promising, he should entice one or two of them to pitch in Dodger Blue. Then sign an innings eater like Davis, Padilla, or Garland.

While at any time during the season the Dodgers will have four to five starters in the rotation, fans need to remember it often takes seven or eight arms to start 162 games. Case and point, in 2009, 11 different pitchers started a game for the Dodgers. Therefore, when going into the season, it is pivotal to have a rotation in place and know the contingency plan . . . and the contingency plan to that contingency plan and so on.

Written by Matthew McConnell.

ALSA president, Stella Pogosyan, surrounded by the panel. Photo courtesy of Garen Aliksanian.

On October 10, foreign ministers from the nations of Armenia and Turkey signed a historic set of protocols aimed at normalizing relations between the two countries. Hostilities between the two nations have been in existence since Armenia gained its independence in 1992, and ties have been severed completely since 1993.

The path to negotiations began in August with the announcement of a roadmap towards normalizing relations, and culminated in the signing of the protocols. Nevertheless, there is much contention about whether the protocols are causing more harm than good. Much of the Armenian Diaspora, in the U.S. and around the world, believes that the Armenian nation is making too many sacrifices. (Insert Quote)

In response to the heated debates surrounding the issue, Southwestern’s Armenian Law Student Association (ALSA) held a discussion on November 5 to discuss the topic. Stella Pogosyan, ALSA President and moderator of the discussion called the talks “One of the most important and beneficial events the Southwestern Armenian Law Student Association (ALSA) and the Southwestern Law School’s Diversity Affairs Office held this academic year.”

Pogosyan then introduced the two speakers. First was Yeghig Keshishian, Director of the Armenian Assembly of America (AAA) Western Region, who spoke in support of the protocols. He was followed by Steve Dadian, former Chairman and current adviser of the Armenian National Committee Western Region Board, who spoke out against the document.

Keshishian’s speech concentrated mainly on getting the audience to understand that both sides were making concessions during the negotiations of these protocols, and that the document was beneficial despite opposition from political parties and interest groups in both countries. “In Turkey there is lots of opposition,” said Keshishian, “but we will get more from opening the borders, if we don’t then Turkey wins.” Keshishian is referring to the economic blockade Turkey currently enforces against Armenia, and the hopes that lifting the blockade will bring economic prosperity to the Armenian people. Keshishian did state, however, that we should still “proceed with caution,” because to do otherwise would “be naive.”

Dadian’s speech was far more skeptical of the negotiations. He described the protocols as “an issue that has shocked this community since its announcement.” Dadian stressed that the protocols were first and foremost a legal document that would be controlling in both states, and that this controlling nature might constrain Armenian interests in the future. “The two states are of unequal bargaining power and really unequal political, military and economic power,” said Dadian.

Throughout the discussion both men brought up some of the more controversial paragraphs in the protocols, such as the call for “an impartial and scientific examination of the historical records and archives to define existing problems and formulate recommendations.” This point is clearly in reference to the recognition of the Armenian Genocide, a cause which Armenians have been working towards for many years. While Keshishian was adamant that the AAA would continue to push for the recognition of the Genocide in the U.S., and that the sub-committee would be fair due to the involvement of the Swiss who already accept the Genocide, Dadian urged that it would be dangerous for the Turks to be allowed to take what has been a political controversy and revert it back to a historical controversy.

Towards the end of their speeches Keshishian insisted that the “Armenian community should be forward looking … should look for short, mid, and long-term goals.” In Keshishian’s perspective, the signing of the protocols would open up new opportunities for both nations. In contrast, Dadian warned that the passing of the protocols would “eliminate the possibility of Armenia becoming a viable state in the future.”

With Dadian’s final words, the discussion then opened up to questions from the audience, who seemed truly engaged in the topic. “The event successfully achieved its goal, in that it presented student an objective analysis of the issue, and allowed them to formulate their own opinions on the issue,” said Pogosyan, “only through such open, honest, and balanced talks can we achieve progress and results.”

Written by Garen Aliksanian, Writer/Editor 2L

They gather every Saturday. They bring their signs, their family members, and their undeniable convictions. Just a few blocks from SW at the intersection of Westmoreland Avenue and Sixth Street, pro-life and pro-choice protesters gather outside of the Family Planning Associates Medical Group. Women from all over Los Angeles visit this medical office to obtain information about family planning services. The most appealing draw of the clinic, however, is the abortion procedure that it offers. At the entrance to the clinic, chants from an ongoing prayer circle can be heard. Pro-life protesters

Planned Parenthood clinic on Westmoreland causes a stir down the street from Southwestern Law School. Photo courtesy of Nicole Abboud.

gather together with their “Stop Abortion Now” signs as they pray the rosary out loud for all to hear. With their informational pamphlets in hand, they make sure that all visitors recognize what they consider to be the immorality of their actions. One pro-lifer, who wished to remain anonymous, explained how she has been successful in convincing numerous women out of having their planned abortions. However, the pro-lifers do not protest alone. Those advocating for a woman’s right to choose, the pro-choice activists, make their presence outside of the clinic known as well. These advocates stand as a firm reminder to women that the private decision to have an abortion is one they should not feel guilty about.
Abortion is one of the most controversial topics in America, and the emotions that the subject evokes can be described as nothing less than provocative. An abortion induced to preserve the health of the mother is called therapeutic abortion, and an abortion induced for any other reason is called elective abortion. Abortions have been practiced since ancient times in various creative ways. Everything from energetic jumping to riding animals were methods believed by the ancient Greeks to have helped women terminate pregnancies. Surprisingly, abortion is one of the most common medical procedures performed in the U.S. each year. According to the Center for Bio-Ethical Reform, more than 40 percent of all women will terminate a pregnancy by abortion at some point in their lives.
There are various available abortion methods, and procedures range from $350 to $900. The type of abortion performed depends chiefly on the gestational age of the embryo or fetus. While non-surgical pharmaceutical drugs like mifepristone are commonly used during the first 9 weeks of pregnancy, surgical procedures like dilation and evacuation, or D &E, are performed up to 22 weeks. This procedure, offered at the Family Planning Associates Medical Group, consists of dilation of the cervix and surgical evacuation of the contents. There are also partial-birth abortions, but these have been banned in the U.S. through the Partial-Birth Abortion Ban Act of 2003.
Just like any other highly debated issue in America, there are always two sides to an argument. In one corner of this proverbial boxing ring are pro-life advocates who represent the fetus and the life that it deserves to live. They consider abortion to be murder of the fetus. According to one of the pro-lifers at the clinic, abortion is murder because the baby’s life is ended in the womb. Of course, this begs the question: exactly when does life begin for a fetus? Is it at the moment of conception? Is it with the first heartbeat? According to National Right to Life, most pro-life supporters believe that a fetus is considered a “new human being from the moment of fertilization.” From a religious point of view, pro-life advocates argue that abortion is morally wrong and goes against the word of God. According to one pro-life protester at the clinic who carried with her a huge anti-abortion sign, most women who come to the clinic seeking abortions are lost and just “need a sign from God.”
In the other corner, there are the pro-choice activists, who favor access to abortion procedures. Pro-choice advocates believe every woman should have the right to choose what she does with her pregnancy; after all, pregnancy is a burden that the woman alone will have to bare. Pro-choice advocates believe that no woman should have to resort to dangerous back-alley procedures due to a lack of access to safe abortion clinics with medical experts. The pro-choice advocates also believe that a woman, who becomes pregnant as a result of rape or an incestuous relationship, should not have to suffer further by carrying a fetus to term. Furthermore, many pro-choice advocates believe that although access to abortion should be available, other overarching health care changes are required, such as increasing availability and accessibility of contraceptives and teen sex education.
The history of abortion in the U.S. has been a tumultuous one. In 1973, the landmark U.S. Supreme Court case of Roe v. Wade was decided. The Court held that a Texas law prohibiting abortion was invalid, thus allowing access to abortion during the first trimester, or 3 months, of pregnancy and access to abortion during the second trimester, 3 to 6 months of pregnancy for women whose health was at risk. The Court based its decision on a woman’s right to privacy found in the Due Process Clause of the Fourteenth Amendment. In 1992, the Supreme Court in Planned Parenthood v. Casey upheld the basic right to abortion provided in Roe but introduced the notion of fetal viability in determining when a state can restrict the right to abortion. A more recent Supreme Court case, Gonzales v. Carhart (2007), upheld the Partial-Birth Abortion Ban Act of 2003.
It is clear that abortion will remain a hot topic issue in America and will certainly provide a platform for debate from pro-life and pro-choice advocates for many years to come.

Written by Nicole Abboud, 2L Day

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.