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

David C. Kohler, Professor of Law and Director of the Donald E. Biederman Entertainment and Media Law Institute at Southwestern, passed away on October 15 after a long battle with cancer. He was 56. Appointed to the full-time faculty in 2003, Professor Kohler came to Southwestern following a long and distinguished career as a media attorney, including nearly a decade with TBS and CNN where he was senior vice president and general counsel. He taught the First Amendment Seminar, Mass Media Law, Media Litigation, and Representing Journalists in addition to directing the Institute, supervising Entertainment Practicum externships and overseeing the Entertainment and Media Law LL.M. Program. “Dave Kohler contributed significantly to the advancement of the Biederman Institute and the expansion of our entertainment and media law offerings into what is likely the most comprehensive curricula in this area of any law school in the country,” said Dean Bryant Garth. “He was an inspirational mentor to our students and a reasoned voice in crucial First Amendment issues. His extensive network of colleagues around the globe is a direct reflection of the tremendous respect he garnered as a prominent figure in the entertainment and media industries. Above all, he was a consummate professional, embodying the values that best represent what we aspire to in our graduates. All of us in the Southwestern community will greatly miss his warmth, generosity, dedication and enthusiasm.”

Professor Kohler was a veteran of more than 25 years in the field of media law where he worked with a variety of broadcast, cable and print media companies. He played a major role in some of the most significant media cases of the past two decades, including several resulting in key Supreme Court decisions. As director of Southwestern’s Biederman Institute, Professor Kohler worked with faculty, staff, alumni and other members of the entertainment and media bar to promote the programs of the Institute and expand opportunities for Southwestern students and graduates in these industries. Building on the foundation established by Donald Biederman, he recruited leading entertainment law experts from around the world to serve as advisors, adjunct faculty and guest lecturers. Professor Kohler continued the Institute’s popular “A Conversation With…” series of in-depth live interviews with prominent industry experts; organized annual symposia with the Media Law Resource Center, the Los Angeles Copyright Society and the Los Angeles County Bar Association; and oversaw the entertainment and media law summer programs in London and Los Angeles as well as Southwestern’s program for the Master of Laws (LL.M.) in Entertainment and Media Law, the first post-J.D. degree of its kind in the country.He was also instrumental in establishing the Journal of International Media and Entertainment Law that is co-produced by the Institute and the American Bar Association Forums on Communications Law and the Entertainment and Sports Industries.

Professor Kohler produced numerous scholarly articles on copyright and First Amendment issues, the most recent of which appeared in Duke Law and Technology Review, Hofstra Law Review, Hastings Communications and Entertainment Law Journal, Federal Communications Law Journal Forum and Oregon Law Review. His book, co-authored with Lee Levine, Media and the Law, was published by LexisNexis/Matthew Bender in 2009.

A magna cum laude graduate in Anthropology at Duke University where he also earned his law degree and served on Law Review, Professor Kohler was a member of the Georgia and Virginia State and District of Columbia Bars.

The funeral for Professor Kohler will be held in Virginia. Information regarding a local memorial service is pending.

by Caroline Page 3L and Garen Aliksanian, 3L

Best Drama

Hands down, my favorite drama (and movie in general) of all time is “Braveheart.” Now mind you, this is before Mel Gibson had his infamous drunk rant and tarnished his reputation. The story follows the people of Scotland in the 14^th century in their mission to gain freedom from England, under the rule of King Edward I (“Longshanks”). This is a great date movie, too, because while there is plenty of drama and action for the guys, there is a very powerful romance that inspires the main character of William Wallace in his fight. The movie powerfully illustrates the age-old underdog story and keeps you invested in the characters throughout. As the film comes to an end and Wallace yells “Mercy!” in the most powerful scene of the movie, you may need some tissues nearby. If you are in the mood for a truly powerful story, pop this one in the DVD player and enjoy!

Best Comedy

There are so many comedies to choose from that it’s really hard to pick the “best.” When I think of a movie that makes me laugh every time I watch it, one of my favorites has to be “Role Models.” The comedic chemistry between Sean William Scott and Paul Rudd is absolutely hilarious. Rudd plays the bitter, cynical, “I hate the world” character perfectly and his sarcastic comments keep you laughing throughout the film. Scott’s interaction with child actor Bobb’e J. Thompson is equally hysterical, to the point that you forget this little kid is only 10 years old. “McLovin” himself, Christopher Mintz-Plasse, plays the nerdy kid once again, offering a perfect comedic match to Rudd’s character. To round out the cast is the always funny Jane Lynch, who keeps the insults and awkward laughs coming all movie long. If you’re in the mood to laugh, this is my “best” choice!

Best Horror

This is a hard category for me to rank because I feel like most “horror movies” are just stupid and anything but scary. I mean seriously, do you remember the hype for “The Blair Witch Project”? I wanted a refund of my ticket money 10 minutes into the mess. If I think of all the horror films I’ve seen, the one that sticks out in my mind is “The Texas Chainsaw Massacre.” I realize there are numerous versions of this movie, but the one I found the most “scary” would be the 1994 version entitled “The Return of the Texas Chainsaw Massacre” starring then-unknown Renee Zellwegger and Matthew McConaughey. The creepiness of McConaughey’s character and the Leatherface mask really freaked me out. Then the story in general was scary because it reminds you how many crazy people there really are in this world that enjoy torturing and killing innocent people just for fun. This horror film will keep you on the edge of your seat and force you to keep one eye open when you go to bed!

Best Drama

I have to give this title to none other than the many award-winning “Forrest Gump.” The film follows the story of a ‘simpleton’ whose life is full of great adventures, great accomplishment, and great happiness, but also with great hardships and great sorrow. The story is told as a narrative, and the audience lives all the most intimate moments of Forrest’s life in such vivid detail. This film is my favorite drama because it’s a feel good movie that takes you on an emotional rollercoaster, and it doesn’t hurt that it has gifted us with a chain of shrimp restaurants, Bubba Gump Shrimp, and more catchphrases than we can shake a stick at.

Best Comedy

My favorite comedy of all time has to be the 1992 cult classic, “Brain Donors.” Well, at least it’s a classic to me. This whacky flick follows a lawyer, a taxi driver, and a handyman as they team up and convince a rich widow that they would be the perfect match to run her ballet company, all in hopes of making their millions. Of course the three know nothing about ballet, or about business, which leads to about an hour and a half of pure hilarity. This film is heavy on the slapstick comedy, which I think people need every once in a while.

Best Horror

Now this one is tough. There are so few horror movies that are truly scary. Therefore I’ll go with the always fun, yet still somewhat scary, “Freddy v. Jason.” Any movie that mixes in horror legends Freddy Krueger and Jason Voorhees with a cast of twenty-somethings is bound to be great. This film is also known as Kelly Rowland’s big break onto the Silver Screen, unless we count her appearance as Girl #2 in 1999’s “Beverly Hood.” Overall, the film provides us with the suspense that scary movies thrive on, the back story of two of the greatest horror films franchises ever, and comedic relief placed appropriately throughout.

By Jasmine Abrams 2L

1. Debbie Rowe, the mother of Michael Jackson’s children, filed suit against Rebecca White for defamation. During an interview on television, White claimed that Rowe sent her an email stating “Do I want the kids? Hell no. Does it look good for me to ask for them? Absolutely.” Rowe is asking the judge to issue a default judgment for $490,000. Who knew lying about Debbie Rowe could cost so much?
2. In February, Elite Maids, a cleaning service company, sued Courtney Love for unpaid services. Love failed to show up in court on and the judge entered default against her in the amount of $3,058.48. Let’s hope her home is spic-and-span by now!
3. The production company that officiates the Miss California pageant filed a cross-complaint against former Miss California Carrie Prejean to recover the $5,200 the pageant provided her with for her breast augmentation. Apparently these alleged “private facts” ceased being private the minute she walked onto the stage in a bikini.
4. The Los Angeles-based 220 Laboratories is suing Kate Hudson for misappropriation of trade secrets and breach of contract, among other things. 220 Laboratories had an oral contract to develop a hair product line with Hudson and a friend. They claim that once Hudson found out about their secret volcanic ash ingredient, she took the samples and ran. That explains her unkempt hair!
5. Roy Pearson, Jr., a judge in Washington, sued a dry cleaning shop for $54 million for losing his pants. A U.S. district judge found for the defendants; and Pearson said he would appeal.
6. Huseyin Kalkan, the Kurdish Democratic Society party major of Batman, a city in southeastern Turkey, sued Christopher Nolan and Warner Bros. for royalties from “The Dark Knight.” He accused the producers of the hit film of using the city’s name without permission. Batman first appeared as a comic book character in 1939, but I guess no one from the town thought to take legal action until recently.
7. Aging German playboy Rolf Eden, who is known for having been a star in the Berlin nightlife scene in the ‘50s filed charges against a 19-year-old ageist. The two spent the night out and when they came back to his home she said that he was too old for her and refused to sleep with him.
8. In 2008, a married Stephen Chang, an investment broker in his 30s, sued a midtown strip club in Manhattan. As he was getting a lap dance, the dancer swung her leg around and her heel hit him in the eyes causing him “to sustain serious injuries.”

By Timothy Sutton, 1L

Going to the movie theater is an American cultural past time. For some, the act is a semi-spiritual pilgrimage ritually observed more frequently than attendance at mass or temple. Many of us went to the movie theater for our very first date. At that age, some of us even had our parents purchase the tickets. So how can we choose the “best theater,” where we spend $15 and 90 minutes paying homage to the stars of the big screen? After reviewing numerous online editorials, blogs, and trashy celebrity rag tags, I came up with a general guideline for ranking the top two theaters for SW students. The rankings are based on a set of criteria listed in order of most heavily weighted in importance, to icing on the cake. Here is my list: Distance from school, price of ticket, visual and audio quality, demographics, and parking accessibility.

(1) Pacific ArcLight Hollywood, “The Dome.”

Hands down, this is the most exciting movie experience in Los Angeles. The Dome is conveniently located 4.5 miles from campus, which is about a 10-minute drive up Rossmore Avenue. Tickets range from $12 at “non-peak,” hours to $14.50 on weekends. The gigantic 32-feet-high and 82-feet-wide dome is the largest movie screen in Los Angeles. The Dome has been renovated with more than 40 computer-enhanced surround sound speakers and state-of-the-art digital image projectors. The historic loge seating accommodates more than 800 guests and creates a distinct hum of excitement on the opening night of a blockbuster film release. Moviegoers select their seating location similar to the electronic reservation system of an airliner. This unique feature tends to filter out the casual movie watchers, who are likely to make lewd or disruptive comments during an Oscar-winning performance, and attracts more serious movie aficionados. A multi-level parking structure sits just behind the theater and is accessible at all hours of the day for a nominal parking fee. The icing on the cake at the ArcLight Hollywood is the well-dressed 30-somethings enjoying a snack and a cocktail at the Café bar. This lounge element really distinguishes the ArcLight as a mature viewer’s destination.

(2) AMC Century City 15

Eight and a half miles west down Wilshire Boulevard, you can find this hidden gem at the Westfield Century City Mall. I am a personal fan of AMC theaters because of their awesome Moviewatchers Rewards Membership. Every qualifying ticket purchase earns you points, which can be redeemed like CVS bucks, for discounts or even free movie tickets! About every 10 purchased tickets will earn you one for free. Movie Gold Passes can be purchased from Sam’s Club or Costco for $7 a ticket and have no restrictions on date, time or showing. Full-price tickets range from $12 to $13, depending on your choice of self-service or teller- assisted payment options. Stadium-style seating here is the real deal, with plush red seats that recline and a cup holder in each arm rest. Oh, the little luxuries we hold so dear. The sound system is THX digital madness that melts your ears during car chases and battlefield scenes. The digital projection is flawless, and the overall experience is very “black box,” serious cinema. It is not out of the ordinary to sit next to a celebrity – Creative Artists Agency is across the street – but this theater will fill up quickly on weekends. The crowd is Beverly Hills High School Musical meets Octo-mom, but somehow it feels California dreamy. The staff here is not particularly friendly, but parking is uber-convenient with the upgraded red-light/green-light, parking space indicators, which help you quickly locate open stalls just before the credits roll. Not that you’re ever late!

By: Sheila Hassani, LLM

SW offers its students a chance to go beyond the traditional classroom method of learning by giving them opportunities to experience the attorney role first-hand. Through the externship program, students have a variety of on-site placements to choose from. One of those options is placement within the entertainment industry.

Entertainment externships are highly competitive. Previous and current placements have included Comedy Central, Rhino Entertainment, Screen Actors Guild, and CBS Television Studios.

Since the focus of this issue is best of, we asked some students who are currently doing entertainment externships about their placements, and here is what they had to say:

Sheila Hassani, an LL.M. student in the entertainment and media program, is currently externing at CBS Televisions Studios. “I deal with a lot of contracts at CBS and I do a lot of drafting,” she said. Hassani works with production lawyers at CBS on new (“NCIS: LA”, “Melrose Place”, “The Good Wife”) and current shows (“NCIS”, “Numb3rs”). She assists with location agreements, editor/producer agreements, and equipment agreements.

“I have really learned a lot in the short time I have been at CBS. You cannot really ‘learn’ what you need to know in the classroom. The majority of it comes from actually practicing and being here has given me firsthand experience,” she said.

Christian Eimer, an LL.M student in the entertainment and media program, is externing at Warner Bros. International Television Distribution, Inc. Christian is learning about the specific procedures at WBITD when it comes to distributing Warner Bros. content to networks and motion picture companies in international markets. Most of the contract partners of WBITD are located in countries other than the United States, especially in Canada, Europe, but also Asia.

Currently, Eimer is researching whether the terms and conditions of a special WBITD web site designed exclusively for international business partners needs to be updated to satisfy certain technological developments.  This requires the comparison of the existing terms and conditions with those of the main Warner Bros. web site as well as with those from third parties doing business in a similar field.

Danielle DeRose is externing at Fox Broadcasting Company in the Legal Affairs department. As a 3L who will graduate this spring, DeRose had a different goal in mind when choosing to extern.

“The reason I wanted to work at Fox is because I am hoping to figure out, once and for all, if entertainment is the route I want to take after law school. I graduate this spring, and I still have no clue what I want to do with my life. I’m hoping this in-house experience will shed some light for me,” she said.

While at Fox, DeRose has mainly been drafting and reviewing contracts. Specifically, she works on special events agreements, promotional agreements, winner releases, as well as other things as they come up.

Bernetta Hardy externs at Rhino Entertainment, a subsidiary company of Warner Music Group, where she primarily drafts synch licenses.

“I have learned a lot about language during my externship. I learned that the entertainment industry has its own special language. Words and expressions commonly used in daily conversations, often times have different meanings and significance within the entertainment industry,” she said.

By: Bernetta Hardy, 4L

In 2009, the world watched numerous musicians dramatize their personal and professional conflicts within the legal arena. Domestic disputes, record label battles, and nightclub brawls seemingly consumed the music industry throughout the year. Nonetheless, although lawsuits involving musicians dominated the internet and airways, a select group of legal actions stood out amongst the rest.

The year began with the best domestic dispute of 2009: the domestic violence suit between Rhianna and Chris Brown. During the Grammy’s, media outlets and music fans diverted their attention from the flashy performances to reports of pop singer Rhianna filing domestic violence charges against her long-time boyfriend, R&B singer Brown. Allegedly, after a pre-Grammy party, an intense argument between Brown and Rhianna escalated into a physical confrontation. After the altercation, photos displaying Rhianna’s bruised face and vicious allegations of physical abuse from both parties bombarded the media outlets. Once the dust had settled, Brown pleaded guilty to all charges and received 180 days of labor service in Virginia, five years of probation and mandatory attendance in domestic abuse program. Although Brown and Rhianna appear physically distant, their professional lives remain intimately linked as evidenced by the release of Brown’s new single 24 hours following the public exhibition of Rhianna’s new song from her new album.

The best record label battle and the best intellectual property suits of the year quickly followed on the heels of the Brown and Rhianna incident. For years, Warner Music Group threatened to sue YouTube for copyright infringement because the site disseminated music from Warner artists without obtaining permission from the record label. After months of tough negotiations, the renowned record label and powerful entertainment-multimedia site finalized a licensing agreement that allowed YouTube users access to the label’s full catalog and user-generated content involving Warner artists.

The best intellectual property suits of the year were pursued by Lil’ Wayne and Courtney Love. This summer, Lil’ Wayne sued an independent film company that shot a documentary chronicling his life. The director of the project submitted the documentary, “The Carter” to the Sundance Film Festival, and the film was selected for screening. However, when the director refused to remove unsavory scenes from the film, Lil’ Wayne filed for an injunction that was swiftly denied by a Los Angeles Superior Court judge.

Rock star Love initiated the second noted intellectual property suit against video game publisher, Activision. Love claims that the company’s controversial portrayal of her late husband, Kurt Cobain, in the “Guitar Hero 5” video game, constituted a breach of contract. The explosive rock star publicly proclaimed her plans to “sue the pants” off the video game publisher.

Despite Love’s colorful language and behavior, the most shocking legal incident of 2009 revolved around the demure English pop star, Leona Lewis. Lewis gained fame and fortune after becoming the 2006 winner of the “X-Factor,” the English counterpart to “American Idol.” Following her commercial success, Lewis wrote an autobiography titled, “Dreams” and engaged in an international book tour. During a book signing in London, Lewis was punched in the face by former “X-Factor” contestant Peter Kowalczyk. Subsequent reports noted that Kowalczyk waited in line for five hours to attack Lewis and laughed hysterically when the singer fled the scene. Kowalczyk was charged with common assault and is currently being held in a psychiatric hospital. Since the traumatic assault, Lewis has suspended her book tour and refrains from public appearances.

The alarming violence demonstrated against Lewis shocked the public and propelled Lewis to seek legal redress against her assailant. Similar circumstances prompted celebrity blogger, Perez Hilton, to sue Black Eyed Peas producer Will.I.Am for assault following a physical altercation outside of a Much Music Video Awards after party. Hilton alleged that the artist’s manager punched the celebrity blogger in the face after Will.I.Am berated Hilton for his negative comments toward Black Eyed Peas member, Fergie. Will.I.Am later denied the allegations, while Hilton pressed assault charges against both Will.I.Am and his manager. This legal action between Hilton and Will.I.Am constituted the best legal incident involving a media personality.

The Perez Hilton and Will.I.Am quarrel concluded the year’s best legal dramas involving music industry professionals. The listed lawsuits describe colorful and astonishing legal actions that demonstrate the extent in which many talented musicians and music industry professionals rely on the legal profession to resolve their personal and professional conflicts.

By: Sarah Mazkoori, 3L

Even though two months still remain, 2009 has already had enough juicy celebrity headlines to warrant this article. In fact, there are just too many stories to recount in the pages of The Commentator without printing a double issue. So, here are the top 10:

10. Michael Phelps gets caught smoking pot. You would think he’d still be high off of winning all those gold medals, not to mention landing millions in endorsement deals. Guess not.

9. Miss California Carrie Prejean lands on the list for her response to Perez Hilton’s question about gay marriage during the Miss USA pageant, in which Prejean said, “Well I think it’s great that Americans are able to choose one way or the other. We live in a land where you can choose same-sex marriage or opposite marriage. You know what, in my country, in my family, I think I believe that marriage should be between a man and a woman, no offense to anybody out there. But that’s how I was raised and I believe that it should be between a man and a woman.” Prejean became an instant celebrity; even more famous than the actual winner of the pageant. Does anyone even remember her name?

8. Jon Gosselin makes the list, basically just for being an all-around jerk. Okay, some people argue that he is not a celebrity. I disagree. The TLC hit show featuring the Gosselin gang has plunged Jon, Kate, and their eight kids to celebrity status. Jon’s screw-up? There are just too many to list here, but they include leaving his wife, getting engaged two months later, constantly wearing Ed Hardy T-shirts, and fighting to remain on the show, even though no one wants to see him anymore.

7. South Carolina U.S. Rep. Joe Wilson heckles Pres. Barack Obama during a speech to a joint session of Congress. Wilson shouted, “You lie!” in response to Obama’s statements on illegal immigrants. How can you think this behavior is acceptable, Joe Wilson? Were you raised in a barn? Wait – you are from South Carolina; maybe you were raised in a barn.

6. Two members of the Kardashian family make the list. They must be so proud! Kourtney is No. 6 on this list for getting pregnant with ex-boyfriend Scott Disick, after breaking up with him because he cheated on her multiple times. That poor baby.

5. Khloe Kardashian is No. 5 on the list for “marrying” Los Angeles Laker’s forward Lamar Odom in a lavish and expensive ceremony when their “marriage” could not even be finalized because the pre-nup was not ready in time. Apparently, not being able to agree on a pre-nup will not stop anyone from getting “married.”

4. Any celebrity who signs on to be a part of any werewolf or vampire movie or television show. Okay, this one may be just a personal pet peeve, but hasn’t the world had enough already? Yes, it has!

3. Chris Brown makes the list for beating up Rihanna – which leads us to No. 2:

2. Rihanna for getting back together with her abuser – even for a short period of time.

1. The No. 1 celebrity screw-up of 2009? It has to go to Kanye West, for grabbing the microphone out of Taylor Swift’s hands at the 2009 VMAs. With the thousands of viewers who caught the act live while watching at home, along with the millions who viewed the clip on YouTube, this screw-up probably received the most buzz of any other 2009 celeb faux pas. Congratulations, Kanye!

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.

On Saturday, September 26, the Oscar-winning filmmaker Roman Polanski was arrested in Switzerland on his way to the Zurich Film Festival, where he was to receive a lifetime achievement award. In 1977, Polanski pled guilty to drugging and raping then 13-year old Samantha Geimer in Los Angeles, in order to obtain a lesser sentence as part of a plea bargain.  Before sentencing, Polanski fled the United States and has been living in France as a fugitive for the past 31 years in order to avoid prison time.  Swiss police were able to arrest Polanski because of an international warrant for his arrest issued by the United States.
State and federal prosecutors in the United States have attempted to bring closure to this case by keeping a close eye on Polanski, and with his wide acclaim, it is hasn’t been difficult to track him down.  However, the difficulty lies with the extradition treaty between France and the United States, which states that, “either country may refuse to extradite its own citizens.”  As a born citizen of France, Polanski has enjoyed a comfortable life under the protection of this treaty.  Even outside the protection of France, Polanski has been able to travel regularly across Europe without any fear of being arrested.
However, after Polanski’s attempt to dismiss his case in December, the United States made a stronger effort to pressure European authorities for his arrest.  In learning of his visit to the Zurich Film Festival, Swiss officials decided to comply with the arrest warrant issued from the United States.  Polanski, now 76 years of age, was taken into custody by Swiss police upon his arrival to the Swiss airport.  The U.S. expects Switzerland to extradite Polanski under bilateral treaties. If the Swiss courts carry out the extradition, Polanski will have to face sentencing in the United States.
There is a wide gap in the emotions expressed amongst U.S. and French citizens on whether Roman Polanski should be punished for his crime.  The majority in France have used his career as an Oscar–winning filmmaker to gloss over the seriousness of his crime.  The widespread public opinion in France is that Polanski is “the victim of an obsessive U.S. justice system that is ready to pluck him up and drag him off to prison.”  Europeans in general feel that because Polanski is a talented artist and celebrity he deserves a break from something that happened 31 years ago.  According to Paris intellectual Karim Emile Bitar, “there is an obvious underlying assumption: that talent and artistic genius should allow someone to get a free pass and be above the law.”  While this may be the cultural view in France and Europe, it is not the sentiment appreciated in the United States.
In the meantime, the French cinema industry and Hollywood, including directors Woody Allen and Martin Scorsese, are outraged and are petitioning for Polanski’s release.  There have been mixed reactions among many world leaders as well.  Polish Prime Minister Donald Tusk said, “the case involves a great director but still, it is also a case of rape, of sex with a child.”  While it is easy to get carried away with the varying sentiments which are spread across continents, U.S. Secretary of State Hillary Clinton reminded the media that, “the 1977 sex crime charge is a matter for judges, not diplomats, to handle.”  This is an important factor to keep in mind, but it is also important to focus on the moral aspect of the case.  This is not about Roman Polanski, or about Hollywood or the French government; this is about a 44-year old who raped a 13-year old child.  As the New York Times explained, “this case has nothing to do with Mr. Polanski’s work or his age.  It is about an adult preying on a child. Mr. Polanski pleaded guilty to that crime and must account for it.”