Vol. 83 No.

4 February 24, 2010

Cooley Hosts the 6th Circuit ABA Law Student Division Conference
Tawni Lara, Staff Writer

On Saturday February 13, 2010, Cooley Law School hosted the 6th profession, we will be judged by our own house.” He offered three things that law
Circuit American Bar Association Law Student Division Conference. Students students can do to achieve a more diverse community: (1) take advantage of your
from various law schools including MSU, Rutgers, and Cooley came to participate. school’s alumni database and contact alum in your hometown; (2) demand that
The ABA/LSD presented various panels focusing on community leadership skills, law firms look beyond the “elite” schools; and (3) get involved in high schools
diversity in the workforce, and important issues for newly hired attorneys. The and undergraduate programs and inspire students from diverse backgrounds who
panels were comprised of successful attorneys, professors, and community leaders might think that becoming a lawyer is impossible. Dr. Vidu Soni added, “Just
including Janet Welch, Executive Director of the Michigan Bar, and Representative because you have a law degree doesn’t mean you have diversity competence.”
Rick Jones of Michigan’s 71st district. The panels focused on how to become the Every lawyer and law student must do their part to achieve diversity and cultural
best lawyer you can be. competency in the legal profession.
The Community Leadership The last panel discussed important
Panel focused on the importance of issues for newly hired attorneys. The panel
building a strong reputation so that you focused on the role that social networking
can be an effective community leader. sites can have in the employment process.
Ms. Welch said, “Because you are a They noted that it is not uncommon for
lawyer, you are a leader.” Attorney A. prospective employers to Google your
Seibert added, “The way you conduct name. While the members of the panel
yourselves in your everyday activities will agreed that social networking sites can be
be incredibly important to how you are beneficial for marketing purposes, they also
viewed in your profession.” The panel stressed that all attorneys and law students
also focused on how the media affects should be careful with the information
community leadership. When asked what they are putting on the internet. Dean Toy
the single most important piece of advice said, “People watch you, they learn from
they wish they were given, Rep. Jones what you do.” Attorney Robert W. Stocker
and Dean Charles Toy agreed that media II added, “You are in sales, you’re selling
ABA converges at Thomas Cooley
training and knowledge is essential. Rep. your skills.” How you act and the things
Jones said, “If you’re going to be a leader, your behavior may be on the front that you publish on social networking sites can impact your employer and clients’
page.” The panel agreed that in order to be an effective community leader, you perspective of you.
must find a cause that you are passionate about. Professor Hicks added, “Find your The ABA/LSD also held elections for 2010. The current ABA/LSD governor
passion, then find a mentor.” for the 6th Circuit is Cooley student MaryEllen Farrell. She will pass the torch to
The Diversity Panel focused on the importance of equity and fairness in Sara Hawkins, also a Cooley student, at the ABA Conference in New Orleans in
the workplace. The theme was focusing on understanding culture, not only for March. The ABA/LSD hosts various events throughout the year, be on the lookout
clients but for the legal profession as well. Dean Nussbaumer said, “As a legal so that you can take advantage of the great opportunities they offer.

BLSA Takes Over of the Midwest Inside:

Zeely Stewart, BLSA President, Contributing Writer
The Thomas M. Cooley
Lansing Chapter of the Black Law
Students Association sent fourteen
student members and two faculty
advisors to the Midwest Regional
Convention in Minneapolis, MN,
February 17-21, 2001. The members
arrived in Minneapolis, excited and
ready to make a major impression on
the organization – by the end of the
weekend everyone was talking about
Thomas M. Cooley Law School in a
very positive way. Several Cooley
BLSA students drove for twelve hours
to Minneapolis and immediately
participated in community service at
an alternative school – exhaustion will
never stop BLSA from helping others.
The students reported that this was a
valuable and rewarding experience.
Thanks to the hard work
and creativity of Sherrill Marshall
(1L – BLSA Historian) and Keára
Richardson (2L - BLSA Fundraising
Director); Cooley BLSA had an
impressive showing in the chapter of
the year competition. Sherrill, Keára,
and Luc El-Art Severe represented
Cooley BLSA in the chapter of the year
interview and the panel members were
highly impressed by these students
and reported that Cooley was within
points of the title, chapter of the year.
Although, Cooley BLSA did not win,
they will continue to host events and
volunteer throughout the community
because activities are important to the
organization.
The Cooley Litigation
Department sponsored two competition
teams, Mock Trial: Marquita Gordy,
Roodgine Rosemberg, Charles
Organization News ...............2
Johnson, and Alecia Jones; Moot
Court: Benaejah Simmons and Dennis
McCloud. Both teams advanced to Legal News ...........................3
the quarter-finals and after a long
fought battle were barely edged out of
the semi-finals. Benaejah and Dennis Sports .................................12
were awarded Best Petitioner’s Brief
– there outstanding legal research
and writing is a testament to the Entertainment .....................25
quality of education students receive
here at Cooley. Please congratulate Community News ...............26
these students; they worked tirelessly
for weeks to prepare and they made
Cooley proud.
Zeely Stewart is the Midwest mock trial competition this or any
Director of the Thurgood Marshall other region has seen in years.” Marla
Mock Trial competition; she organized Butler, partner with Robin, Kaplan,
the competition over the last year by Miller & Ciresi L.L.P., said, “I’m highly
solicitng attorney-judges from all over impressed by the organization, detail
the region. Many commented that the and professionalism I’ve seen in this
seamless competition was “the best ...Continued on Page 8
2 The Pillar, February 24, 2010

THE PILLAR
Thomas M. Cooley
Law School
LETTER FROM EDITOR
300 S. Capitol, Room 307
Lansing, Michigan 48901
517.371.5140 ext. 4009
Letter From the Editor
Chris Duczynski, Staff Writer
pillar@cooley.edu
Faculty Advisor
Donna J. McKneelen People crushed governed by a set of rules – but leaving you jaded, cynical and
mckneeld@cooley.edu by laws, have by our own internal compasses unsatisfied – consider a different
Editor-in-Chief
no hope but to that will guide us to professional legal career. Follow your passion,
Cavita Sharma evade power. growth, personal humility and the paycheck will follow. If you
sharmac@cooley.edu If the laws are self-less philanthropy. are unsure of what your passions
Managing Editor
their enemies, are, talk to attorneys and your
Agnes Igodan they will be As attorneys, we will professors, see where their
igodana@cooley.edu enemies to the inherit an immense amount of inspiration came from. If you’ve
Features Editor
law; and those power. People will entrust their found your passion, write articles
Thomas Myers (AH) who have most to hope and lives and liberties in exchange on the topic, research leaders in
myerst@cooley.edu nothing to lose will always be for our loyalty, faith and the field and remember to reach
Assistant Features Editor
dangerous. - Edmund Burke competence. Our profession is out. No one can help you if you
Chris Duczynski afforded many privileges – but don’t ask.
duczynsk@cooley.edu It has been two years the amount of professions that
Sports Editor
since I stepped through the front can claim such privileges are You will come across
Zakari Kurtz doors of Cooley. The education few – think doctors and the people that will be hostile
kurtzz@cooley.edu I received from the professors, clergy. With these privileges, towards attorneys – we make too
Advertising Manager
the experiences I’ve shared with we have an even greater set of much money, we free criminals
Homa Yahyavi my peers, is irreplaceable and responsibilities. As our time to roam the streets, life would be
yahyavih@cooley.edu invaluable. This is my chance to here draws to an end, keep in easier without attorneys. What
Design Layout
share with you my thoughts, as mind that although our paths people do not realize is that we
ASAP Printing shaped through my experiences. may part – our will for justice give a voice to the voiceless.
will not waver. Activist Gloria Steinem said it
Staff Writers
Tamee Baldwin We have been best that “law and justice are
Ryan Ballard indoctrinated from the Keeping honor and not always the same.” Without
Heidi Carroll
Emmanuella Cole beginning that – as attorneys – humility in our profession lawyers, who would check that
Ieisha Evans
MaryEllen Farrell we are held to a higher standard. is directly correlated to our laws are fair and uniformly
Travis Hawkes Our behavior, or the lack of, passion exuded during our enforced?
Christopher Higgins
Shane Hobbs can be a weighing factor in waking hours. As the old proverb
Michelle Horvath
Gabrielle Johnson getting our first jobs. The bar goes, if we do what we love then After we leave, let us
Tawni Lara associations of our prospective we’ll never work a day in our not forget where we started.
Eli Luna
ReeJade Mitchell states will determine if, based lives. Everyone we cross paths Together we fought our battles,
Jeffrey Noe
Carter Perry
on our “character” we are “fit” with will see right through us if term after term. I am happy to
Will Shapiro to practice law. Our professional we spend our days ‘just dealing call Cooley my home and my
Jessica Sutton
Jimmy Swinder standards should not only be with it’. If you find a job that is peers, friends.
Dominique Vieille

Contributing Writers
Marla Neufeld
Constantine Benetos
Josh Hershberger
Lansing Office Hours
Bridgette Whitmore
Christopher Reed
Kirsten Shumway
(Weeks 3-13) CC307 The Pillar
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Shawn Donnelly

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The Pillar, February 24, 2010
The Call Sam Studio:
Michelle Horvath, Staff Writer
As any good Michigander,
one thing that I look forward to come
October is the start of the Detroit Red
Wings hockey season. It’s a three-
hour escape from law school that I
look forward to every couple days
during the week. Even though certain
law school subjects seem to creep
up while watching these games–the
tax consequence of a player’s bonus,
the assumption of risk when a puck
deflects into the stands, issues about
immigration and work visas—it is not
often that a professional responsibility
(PR) question arises from watching a
hockey game—until now.
Many of the games that the
Red Wings play in are broadcasted on
a television station called Fox Sports
Detroit (FSD). In between periods
of the game, like most other sport
broadcasts, FSD analysts dissect the
game and offer commentary from a
network sound studio. In the case of
the Red Wings broadcasts, the action
is “thrown back” to the “Call Sam
Studio.” When I first heard of the Call
Sam Studio, two things went through
my mind. My first thought was the
name of the studio was going to get a
bit annoying, almost like a continuous
commercial. My second thought was a
legal one—could this be a PR violation?
“Call Sam” is the tagline used
by The Sam Bernstein Law Firm, a
personal-injury law firm. The law firm
is well known around the state in part
because of the legal services that it
provides, but more so because of its
charismatic namesake and the catchy
advertising that the firm has engrained
into its image. Almost Pavlovian, when
the name of Sam Bernstein is said,
the immediate thought or response is
1-888-CALL SAM. 1-888-CALL SAM is
not only the telephone number of the
firm, but is also what all advertisements
and individuals in the advertisement
gleefully say after they explain how
they have been helped by Sam. The
notion of CALL SAM is so connected
with The Sam Bernstein Law Firm
Does Congress Have the Power to Mandate Health Insurance for All?
A key component of President
Obama’s health-care reform is
requiring that all Americans have
health insurance1 or face a fine.
However, critics argue that the United
States Congress does not have the
constitutional power to enact such a
provision.2 They find that neither the
Commerce Clause, nor the taxing and
spending powers enable Congress to
mandate that individuals own health
insurance.3
Opponents argue that since
Congress’s powers are limited by the
LEGAL NEWS
Brilliant PR or PR Violation?
that a Google
search of “call
sam” will list
the firm’s
official website
as its first hit.
Figuring that
the only reason
the studio
was called
the “Call Sam
Studio” was
because The
Sam Bernstein
Law Firm paid to name the studio in
an attempt to advertise its services,
I dug out my PR outline to take a
look at Model Rule 7.2 (c). The rule
states that “[a]ny communication
made pursuant to this rule [about
advertising] shall include the name
and office address of at least one
lawyer or law firm responsible for its
content.”1 I figured that, even though
“Call Sam” is so closely related to The
Sam Bernstein Law Firm, the fact the
full name of the firm was not given,
nor the full name of a lawyer for the
firm or office address, would surely be
offensive to the rule.
But then, I remembered that
this was just the model rule. Looking
to Michigan’s adopted PR rules, and
the rule pertaining to lawyers and
advertising, I learned that Michigan
does not require that the name of the
lawyer even be in the advertisement.2
So I started to look at a few other
advertising rules that I thought would
be applicable, such as the rules about
solicitation, unjustified expectations,
and references by those not familiar
with the law firm’s work. However, I
focused on Michigan’s PR Rule MRPC
7.2(c)(i) which states that “[a] lawyer
shall not give anything of value to a
person for recommending the lawyer’s
services, except that a lawyer may pay
the reasonable cost of advertising or
communication.”3
Brigette R. Whitmore , Interim Publicity Editor, Thomas M. Cooley Law Review
Constitution and the United States
Supreme Court’s interpretation
thereof—any attempt of Congress
to utilize the Commerce Clause to
mandate health-care insurance will
fail under a constitutional challenge.4
They argue that those who do not have
health-care insurance are not engaged
in economic activity and, thus, would
be regulated for the mere fact that
they exist.5 These opponents find that
Congress would be forcing people to
engage in economic activity, which is
an unprecedented and inappropriate
Figuring that
the naming
rights to a
studio for a
professional
sport are
a bit more
expensive
t h a n
purchasing an
advertisement
in the Yellow
Pages, on a
bus, or even
airtime for
a commercial, I contacted FSD to
investigate the cost of purchasing
naming rights to a studio.
While Marcia Turner, FSD
General Sales Manager, could not
release the specifics of the contract
that created the Call Sam Studio,
she was able to provide general
information that confirmed my initial
hunch. According to Turner, the
cost to purchase the naming rights
for a studio range from $200,000 to
$1,000,000 and usually requires a
multi-year commitment.4 While the
price for the naming rights could
include the right to name anything
from a high school state-broadcasted
event to one of Michigan’s four
professional athletic team’s official
studio, it would be a logical assumption
that the more recognizable the event,
and the more frequent the event, the
more likely that the naming rights
1
Am. Bar Assoc. http://www.abanet.org/cpr/mrpc/rule_7_2.html (last visited Feb.
8, 2010).
2
State Bar of Mich. http://www.michbar.org/generalinfo/pdfs/mrpc.pdf (last vis-
ited Feb. 8, 2010).
3
Id.
4
E-Mail to Marcia Turner, Gen. Sales Manager, Fox Sports Detroit. Jan. 5, 2010.
2:29 p.m.
5
Telephone Interview with Rep. from The Sam Bernstein Law Firm. (Jan. 22,
2010).
6
Id.
use of Commerce Clause power.6
Critics believe that an
insurance mandate passed pursuant
to the Commerce Clause would be
similar to the Gun Free School Zone
law that was struck down by the
Supreme Court.7 In United States v.
Lopez, the Court found that Congress’s
powers are inherently limited and that
Congress cannot use the Commerce
Clause to regulate activity that is not
economic in nature.8 Further, the
Court found that Congress does not
have general police power and the
3
would fall on the higher end of the
spectrum. With over 80 games in the
regular professional Red Wings hockey
season and a dedicated fan base, it
would then follow that it is likely that
The Sam Bernstein Law Firm is paying
close to a million dollars per year, in
a multi-year contract, for just this one
advertisement. If that is the case,
then I would argue that one million
dollars for a single advertisement must
violate the standard of reasonableness
inherent in MRPC 7.2 (c)(i).
Trying to see if the Michigan
Bar Association had issued any
advisory ethics opinions about what
would constitute a breach of this
reasonable-cost standard, I found that
the opinions did not specifically give
a dollar amount for what would be
considered unreasonable.
I attempted to contact
The Sam Bernstein Law Firm for a
comment on this article and to ask if
they thought that their advertisement
on FSD violated MRPC 7.2 (c)(i). I
was told by a legal assistant named Ed
that the individual that could comment
on this, or make any official comment,
was a gentleman named Mark Pickolo,
who was currently “recuperating from
surgery,” and would be “out for a few
weeks.”5 While Ed stated that he was
“unable on [his] level to help [me]
at all,” he did state that the firm was
“scrupulous in following the rules
when the rules are changed.”6
Commerce Clause is not infinitely
expansive.9
Opponents argue that the
practice of medicine is not commercial
in nature, but is for the maintenance of
one’s own health.10 For over a century,
states have been regulating the
practice of medicine, and the delivery
of health services rarely crosses state
lines.11 Some Federalists declare that
national health-care reform infringes
on the states’ sovereignty to deal with
this important issue, and the Tenth
...Continued on Page 8
4 The Pillar, February 24, 2010

CAMPUS NEWS
Lessons in conversation and self-grooming from the U.S. Court
of Appeals for the D.C. Circuit
Elizabeth Smokay, Staff Writer

Part of the
reason I chose to
intern in D.C. was
because I wanted
to visit the federal
and local courts
and the government
institutions. I’ve three-ringed binders. The tallest stack
slipped into the
back of a courtroom at the U.S. District
Court on a few occasions for a quick
listen, but dedicating a morning to oral
arguments at the U.S. Court of Appeals
for the District of Columbia was next
on my list. After spending almost two
months at the U.S. District Court, I
was surprised to discover that the U.S.
Court of Appeals hears oral arguments
on either the third or fifth floor of the
very same courthouse. So, last week I
went to work as usual, but pressed the
button for the fifth floor instead and
entered the courtroom for the Court of
Appeals. Both the court security officer
and the courtroom deputy warned
the visitors to power off all electronic
devices. Three law clerks sat at a desk
on the far right side of the courtroom,
This obelisk-like work of art stands outside argument, and wasted almost two
the U.S. District Court for the District
of Columbia and symbolizes the rights
guaranteed by the U.S. Constitution and
the Bill of Rights. The Trylon has three
sides, and the side featured in this photos
depicts the right to trial by jury, freedom
from cruel and unusual punishment, and
freedom from illegal searches and seizures. back to her argument.
See History of the E. Barrett Prettyman
Federal Courthouse, U.S. District Court for to give my suit a quick glance-over
the District of Columbia, http://www.dcd.
uscourts.gov/court-history.html (last visited after I watched an appellate
February 22, 2010).
and hovered over their laptop screens,
somewhat obscured by the stacks of
paperwork next to their computers.
Each clerk’s stack of documents was
different. One clerk had medium-sized
stack of small binders. Another clerk
had a slightly smaller stack of large
belonged to the third clerk, and was
made up of about seven comb-bound
books.
Besides the formidable clerk
and resources table, the courtroom
atmosphere was different from the trial
courtrooms at the district level. The
tension that crackles in the air of a
trial courtroom isn’t nearly as potent
in an appellate courtroom. There is
also a greater emphasis on tradition
and formalities. The courtroom deputy
called the court to order by calling
“Oyez” loudly three times before
admonishing all with business before
the court to draw near. However,
regardless of the amount of pomp and
circumstance, the simple principles of
etiquette and consideration apply in
any courtroom.
The interchange between
the judges and the attorneys drove
home the importance of answering
the questions addressed to the
attorney by those wearing the
black robes – even if the attorney
does not particularly like the
question. One of the attorneys
refused to answer one of the
judge’s questions, because it wasn’t
helpful to her argument, and each
time she began to make a different
argument instead of answering the
question, the judge stopped her
and politely but firmly repeated
the question. On the fourth re-
iteration of his question, she finally
answered him in a roundabout
way, and again launched into her
argument. Instead of conveying
the image of an effective advocate,
she created a long and painful
break in the continuity of her
of her ten minutes, forcing her to
continue beyond her time limit in
order to conclude her argument. I
know that this might not always be
the case, but in this instance she
would have been much better off to
answer the first time, and then get
I also made a mental note
before entering the courtroom
attorney approach the lectern with
a tissue stuck to the
back of his right leg.
It seems foolish that
something so small
and inconsequential
could distract an
entire courtroom
from the brilliance
of the argument,
but it did. After I
noticed the tissue,
I looked around
me to see who else
saw it, and believe
me, everyone did
– including the law
clerks, who I am
almost positive were The Trylon of Freedom, by Sculptor C. Paul Jennewein
IM-ing their judges. in my own speech, I stop myself when
Also after viewing oral I want to pause mid-sentence and go in
arguments, I’m making a concerted a different direction or provide greater
effort when I speak to complete one detail, and force myself to conclude
thought before I begin another. One the sentence so that I do not de-rail my
of the attorneys spoke as if she was listener. Although it’s no consolation
reading and editing a written document. to those attorneys, not that they
Although one could understand the need consolation, or maybe it’s not
general concept and direction in which even nice to insinuate that they need
the sentence was to progress, she consolation, because after all, I would
continually broke off, circled back, and probably wouldn’t do nearly as well as
either corrected, made an additional they, I hope we may all learn from their
point, or tried to take a statement back. mistakes. Oops, I did it again! In all
It was extremely frustrating to listen to seriousness, I would encourage you to
this pattern of speech, and it made me take mental stock of your own speech
painfully aware of how often I do the patterns, and determine if you verbally
same thing when discussing a project edit yourself, or could become more a
or issue with the attorneys in the pro se more succinct speaker. Because we all
unit. Now that I’ve noticed this problem know, brevity is the new eloquence!
The Pillar, February 24, 2010
CAMPUS NEWS
Carnival in Vienna - A Time to
Celebrate
Dominique Vieille, Contributing Writer
Life is a carnival, and in
the month of February, cities
all over the world celebrate life.
Vienna is no exception. This
last week, Vienna and cities
all over Europe and South
America celebrated the season
of Carnival. In parts of East and
South Germany and Austria, the
carnival celebration is called
Fasching.
Carnival is a festive
season which occurs in the
coming weeks before Lent, and
a majority of the main events
are usually around the second
or third week of February. The
celebration of Carnival typically
involves a public celebration,
such as fireworks, or parade
combining some elements of
a circus, mask, and public
street party. People often dress
up or masquerade during the
celebrations, which mark an
overturning of daily life. For
Americans, it is the closest
Europe has to Halloween - minus
the trick or treating.
In Vienna, the Carnival
celebration begins with the
Vienna Opera Ball (or Wiener
Opernball in German). The
Vienna Opera Ball is an annual
Austrian/ Viennese society event
which takes place in the building
of the Vienna State Opera on
the Thursday preceding Ash
Wednesday. Together with the
New Year Concert, the Opera
Ball is one of the highlights of
the Viennese carnival season.
Each year, almost overnight,
the auditorium of the Vienna
State Opera is turned into a
large ballroom. On the eve of
the event, the rows of seats are
removed from the stalls, and a
new floor, level with the stage, is
built.
The dress code is evening
dress: white tie and tails for
men and floor-length ball gowns
for women. Like most special
events, local Viennese television
stations such as ORF and BR,
broadcast live from the ball for
several hours each year. Like the
Olympics, for those who can’t
get into the celebration can at
least watch it from home and
have fun judging what everyone
is wearing. Like Carrie Bradshaw
once said, “We all judge. That’s
our hobby. Some people do arts
and crafts; we judge.”
The highlight of
celebration is called Fastnacht,
which means “Eve of the
Beginning of the Fast”. In the
States we call it “Fat Tuesday”.
On Tuesday, as I headed to
work in the morning I noticed
people in the streets wearing
costumes, dressed in bright
colors, or wearing wigs, already
celebrating. Several department
stores in the city had a special
section devoted to the Carnival
celebration by selling costumes,
wigs, make-up and other
instruments of celebration.
At the office, one of
the senior partners brought
Krapfen to celebrate Fastnacht.
Faschingskrapfen are much
like a paczki but are filled with
the famous apricot marmalade
called Aprikosenmarmelade
and are dusted with sugar. So
before we started our work we
all gathered in the kitchen and
enjoyed a small celebration.
Personally, I was celebrating
and thankful for the amazing
opportunity of getting to work
and live in this amazing city.
Going home at night, I
was just in time for the nightly
celebration of fireworks. As I
made my way down the main
street the sky was filled with the
crackling of fireworks and the
laughter of children and adults
alike. As I looked at the sky, I
couldn’t help but smile. After all,
life is a celebration.
5
Delta Theta Phi Helping the
Community
Christopher Higgins, Staff Writer
Delta Theta Phi Law Fra- male.
ternity, International, is one of the On March 8, Delta Theta
various law fraternities in the Unit- Phi will also be hosting their Blood
ed States. It boasts over 130,000 Drive, in CC 911 from 12 pm to
members across the country and 6 pm. The Red Cross will be tak-
worldwide. In addition, the fra- ing donations of blood, as well as
ternity is the only legal fraternity registration for the National Bone
with an authoritative law review, Marrow Donor Program. If Delta
the Adelphia Law Journal. The Theta Phi meets its goal, the Red
fraternity is organized into a va- Cross will be donating anything in
riety of student senates, which excess directly to Haiti.
serve as the governing body of These events will be posted
the fraternity chapters at each law on the Portal as it gets closer to the
school. The senate at Cooley Law date, and there will be posters in
School is called the Percy J. Power the lobby of the Cooley Center and
Senate. library. Be sure to tell your friends
A few terms ago, the Pow- and come out March 4 and 8!
er Senate instituted its VIP Party,
which is held during Week 9 at a
location in downtown Lansing. A
nominal cover is charged, with
the proceeds going to charity. In
the Michaelmas 2009 term, the
party took place a few weeks be-
fore Thanksgiving. Delta Theta
Phi’s tribune, Jose Torres, decided
that the best way to use the pro-
ceeds was to purchase Thanksgiv-
ing dinner baskets for local fami-
lies through Christian Services in
Lansing. The party netted a total
of $100, and approximately 5 to 6
bags of food were purchased. Mr.
Torres and several other mem-
bers then delivered the food to
one area family on Thanksgiving.
The feedback from the family was
positive, and Mr. Torres decided to
continue this practice for the Hil-
ary 2010 term.
In light of the recent trag-
edy in Haiti, the Student Bar As-
sociation set up a large initiative,
which included created a charity
account for all monies donated
to the SBA for charity purposes.
Mr. Torres has elected to donate
all proceeds from this term’s VIP
Party to that cause.
This term’s VIP Party will
be held at Rum Runners on East
Michigan Avenue on Thursday,
March 4, from 8 pm until 2 am.
Free food is provided to students.
No cover is charged with your
Cooley ID until 11 pm. In addi-
tion, this term’s party has an 80s
theme, and prizes will be awarded
to the best dressed male and fe-
6 The Pillar, February 24, 2010

CAMPUS NEWS
Grand Rapids Senate Report
Heidi Carroll, Staff Writer

The meeting was called to order at 5:03 p.m. Roll call was taken The Student Interest Committee will be holding a student-faculty forum.
immediately for voting members. As a reminder, any voting member is allotted two This is to address issues on campus across departments from administrative to
excused absences per term without being subject to dismissal from SBA. First on vending. This forum will be held on Thursday, March 11 and Saturday March 13.
the agenda were current announcements. There will be a fundraiser held at Buffalo Also the committee is still working on getting student discount cards for Cooley
Wild Wings on February 22, 2010, to assist the Haiti earthquake victims. The event students. The goal is to get as many downtown businesses to sign up which will be
will last from 11 a.m. to 7 p.m. A few Cooley administrators will be coming for doubly beneficial for the students and the business.
about 3 hours. President Brigman urged SBA members to petition other professors The Grand Rapids Pillar is beginning to organize their end of the term
to come. There are flyers with the event information in the SBA office. party. To be included in the party, please email Heidi Carroll if you have been
The SBA Summit meeting will be held in Lansing on February 27, 2010. a contributing or staff writer this term on Pillar. Her email is Heidicarroll1984@
The Summit meeting takes place each term and is designed to discuss cross- gmail.com.
campus issues among all four Cooley Law campuses. All executive board members Lastly on the agenda was Public Comments. WLAM is holding a dinner
should be in attendance and any other voting member is welcome. The Summit in honor of Women’s History Month on March 2nd at 5:30 p.m. in room 529.
is a full day event so for those planning to stay overnight, hotel rooms are $59.00 Historian Jo Ellyn Clarey is coming to speak about the first Grand Rapids female
for a double room. President Brigman will pair individuals together who would like attorney Elizabeth Eaglesfield. The dress is business-professional. The goal of the
to stay overnight. After the meeting, the Lansing SBA will be taking the campuses dinner event is to celebrate the advancements of women in the law, but also to
to dinner. The cost of dinner is $15.00. Lansing SBA will be subsidizing the rest facilitate a learning opportunity about various local organizations that are assisting
of the meal. in the aid and advancement of women, and provide an opportunity for Cooley
Treasurer Kevin McDonald noticed a slight change to the minutes from students to connect with these local organizations and with area attorneys. Tickets
the last meeting to which he wanted clarification. Otherwise the minutes were are $15 for attorneys or members of the public, and $7.50 for students. Please
approved, with changes. e-mail WLAM-GR@cooley.edu to RSVP for this event! We will sell tickets at the
Onto officer reports, President Brigman would like for students to start door, but we need your RSVP by Friday, February 26.
utilizing the calendar on the portal main page. Changes can be made by anyone The meeting adjourned at 5:43 p.m.
and it is a great way to advertise your upcoming events. Vice President Hamming
has updated the spreadsheets with student organization information; he also
announced that the Cooley Running Group is now in full compliance, and has
turned in all their necessary paperwork. Treasurer McDonald stated that the
current ledger balance for SBA is at $14, 447.89. This number is notwithstanding
any outside transactions. SBA still hasn’t received all student activity fee funds
yet so the number may actually be slightly lower than what the available balance
reflects. If groups are going to be requesting money in the coming weeks, it is best
to do so before week 12. Once finals are underway it will be difficult to get a hold of
the treasurer, thus if your group needs immediate funding, plan well, and seek the
treasurer in the next couple weeks before time runs out. Director of student affairs
Brendan Bauman also urged the use of the portal calendar to highlight upcoming
events and announced that new SBA members will be elected in week 8. The
events committee is planning a Mega 80’s night at The Intersection on February
26th. They requested $200 up front for 30 pre-sold tickets. The events chair was
offered a deal that if we bought 20 tickets, we would get 10 free. The tickets would
be resold to students for $3. Also, planning for the annual fall Barrister’s Ball
has begun. The Barrister’s Ball is an opportunity for local judges, Cooley faculty,
and students to come together, get to know one another, and network. There is
a planning meeting on the 22nd at Buffalo Wild Wings. The goals of this year’s
Barrister’s Ball are to raise money for the Richard Steinberg Memorial Foundation
and raise awareness for mental health issues and overall wellness. This foundation
helps to offset the costs of mental health treatments for lawyers in need of mental
health assistance. Also at the Barrister’s Ball a professor is recognized for impacting
the Grand Rapids student body in the 2009-2010 school year.
The Academic Committee has decided what this term’s scholarship essay
topic is going to be and will be releasing the information on Monday, February
22nd. Professor Vuletich, Professor Hastings, Shannon Acklin, and committee
chair Mike Adams will all be judging the writing this term. The award has been
raised to $300.
The Volunteer Committee is looking for help organizing Barrister’s Ball.
The plan is to have six chairs: The Main chair will facilitate communication,
paperwork, and be an overall “go-to” person. The Solicitation chair will solicit firms
in town and organize the silent auction. The Publicity chair will promote the ball to
the community and Bar Associations. The Alumni Relations chair will coordinate
with local alumni to involve them in the planning and attendance of the ball. The
Logistics chair will develop a timeline for events planning and coordinate with the
venue. The Awards chair will develop and implement the program of awards for the
evening’s presentation. The Entertainment chair will obtain the evening’s speakers
and entertainment. It is recommended that the logistics and entertainment
chairs work together. There will be two meal options, one chicken and the other
vegetarian. The cost for a single student will be $30 and doubles/tables of 10 will
be $25 each. A motion was made to approve the tentative Barrister’s Ball budget,
motion passes.
The Pillar, February 24, 2010
Delta Theta Phi Sponsors Blood
Drive in Lansing
Nicole Fortino, Contributing Writer
On Tuesday, January 12,
shortly before 5pm, Haiti was hit by
its most powerful earthquake in over
a century. The earthquake, which
measured a 7.0 magnitude and lasted
between 35 and 40 seconds, was
followed by at least ten aftershocks,
including two measuring about a
5.0. It was centered about ten miles
southwest of Haiti’s capital city of Port-
au-Prince and could be felt in eastern
Cuba, more than 200 miles away.
The images we have seen
since that fateful day have been
devastating. Although the numbers are
still being debated and are unofficial,
the Haitian government is estimating
that more than 212,000 people have
died and more than 300,000 are
injured. According to U.S. Agency for
International Development estimates,
three million people were affected and
more than 700,000 in Port-au-Prince
alone were displaced.
Whether it was a $10 text
message donation or a phone call
to a celebrity during the telethon,
people everywhere have been stepping
up to help out in any way they can.
Unfortunately, our current economic
situation may make it difficult for some
people, especially law students living
off loans, to do as much as they would
like to do to help out these people so
much less fortunate than us in their
great time of need. Luckily such an
opportunity has presented itself.
Delta Theta Phi law fraternity
is sponsoring the American Red Cross
Blood Drive on March 8 from 12-6 in
Cooley Center 901. The American Red
Cross has set the fraternity’s goal at 35
ILS Announces Globe Trotter!
Constantine Benetos, Contributing Writer
Dear Students and Faculty,
On behalf of the International
Law Society, we are now welcoming news
article submissions of all types for our
“Globe Trotter” Newsletter. This is an
informational Newsletter that will be in
print from the International Law Society,
depicting and articulating current events
regarding legal issues taking place
around the world. We welcome all
type of articles varying from fascinating
topics that may interest you personally,
International or Domestic related issues
currently taking place, or perhaps a
personal experience that you may have
encountered during your travels!
CAMPUS NEWS
units. Every unit collected above the
35 goal units, the American Red Cross
will send the blood to Haiti. Red Cross
Blood Services are especially looking
for donors with Type O negative
blood, which will be very useful for
emergency situations in Haiti because
it is universal and compatible with any
type of blood for transfusions. Please
keep in mind that one donation can
help up to three people, so it is very
important to the people of Haiti that
not only that the goal of 35 donors
is surpassed, but also that plenty of
Type O negative blood is collected,
so every donation counts. Cultural
anthropologist Margaret Mead once
said, “Never doubt that a small, group
of thoughtful, committed citizens can
change the world. Indeed, it is the only
thing that ever has.” Cooley may not
be a considered large law school, but
we are a special group of people and we
can make a difference to the people in
Haiti.
Sources:
Haiti Earthquake Update,
http://www.redcrossblood.org/
Blood Facts and Statistics,
http://www.redcrossblood.org/learn-
about-blood/blood-facts-and-statistics
Simon, Mallory, et al., 7.0
quake hits Haiti; ‘Serious lose of
life expected’, http://www.cnn.
com/2010/WORLD/americas/01/12/
haiti.earthquake/index.html
Kastenbaum, Steve and
Myers, Chad, Fact Check: Haiti by
the Numbers (2010), http://www.cnn.
com/2010/WORLD/americas/02/12/
fact.check.haiti.numbers/index.html
Please feel free to email your
articles, perspectives or experiences
to Constantine, editor of the “Globe
Trotter” at Benetosc@cooley.edu. The
“Globe Trotter” will be available in both
print and on-line. Article submission
requirements are word documents,
attached in an email of 12 point, Times
New Roman font. For more information
please visit our website at: Ils.tmc.cooley.
edu. On behalf of the International
Law Society, we are looking forward to
hearing from you!
Best Regards,
“The Globe Trotter”
The International Law Society
7
SBA Black & White Social
Mary-Ann Girgis, Contributing Writer
The Cooley Auburn Hills SBA
introduced for the first time the
‘SBA Black & White Social’ as their
first event of the Hilary 2010 Term
on Saturday February 13th, at The
Hamilton Room in Birmingham.
Students got a chance to dress up
and guests enjoyed raffle prizes,
appetizers from Chen Chow and
Quattro, a private cash bar, and a
DJ throughout the evening!
It was a successful event with many
positive aspects including:
¾ An amazing turnout of almost
150 students!
¾ The SBA presented Professor
Nussbaumer an overdue and
much appreciated THANK
YOU and a 25th anniversary
award!
¾ Students participated in a fun-filled raffle and were able to raise a total
revenue of $900 for Haiti Relief!
The purpose of the SBA is to promote and facilitate activities that promote
professionalism and the SBA Social was a great opportunity for students
to network and socialize with one another, professors, the SBA Executive
Board, and everyone had a GREAT time!
Year after year...
bar takers rate Kaplan PMBR’s
supplemental MBE course practice questions
more test-like
than our main competitor’s.*
Every Point Counts
In most states, the MBE portion accounts for
And now, you can ge
40% to 50% of your overall bar exam score. t Kaplan
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Many who fail the bar exam miss getting a tal MBE courses
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as part of our full se
rvice
So answering a few extra MBE questions
Complete Bar Revie
correctly can make the difference between w Course.
passing and failing the bar exam.
*In Kaplan PMBR’s surveys of its July bar exam
students in 2007, 2008, and 2009, students who
took the Kaplan PMBR MBE Foundation and/or
MBE Final Review course reported that they found
Kaplan PMBR’s MBE practice questions to be more
like the actual MBE than BARBRI’s. MBR04896
8 The Pillar, February 24, 2010

BLSA Takes Over Mandated Health Care?

...Continued from Page 1
competition.”
Several 1L students attended
the convention to represent both
BLSA and Cooley: Sherrill Marshall,
Shakeena Melbourne, Beveraly
Wallace and Mobi Kwankwo. These
students were poised, articulate,
professional, and well prepared to
discuss important issues in educational
seminars, and shared the needs
of their fellow students in plenary
sessions. Beveraly was elected by
her peers as Sub-Regional 1 Director
for the Midwest Region. William “Q”
Cowan (2L – BLSA Public Relations
Director), promoted Cooley’s chapter
of the Black Law Students Association
in the various educational seminars,
plenary sessions, and as a bailiff for
the mock trial competition.
BLSA thanks our membership and
the faculty advisors who coached our
teams and accompanied them to the
convention – Professor Kevin Scott
and Professor Mark Dotson.
...Continued from Page 3
Amendment protects the states from
the federal government forcing reform
upon them.12
Supporters of the insurance
mandate argue that there is a strong
enough relationship between health
insurance and the national economy
to justify a congressional mandate
via the Commerce Clause.13 They
find that health-care costs have a
substantial effect on the national
economy. In recent years, health
care expenditures have grown to over
sixteen percent of the gross domestic
product. 14
Supporters also argue
that the Commerce Clause has been
invoked in the past to regulate those
who were not engaging in commercial
activity or refusing to engage in
commercial activity.15 Proponents
point out that under the Commerce
Clause, Congress has regulated hotels
that have refused business to African
Americans, and also has regulated
personal, medicinal marijuana, even
if it was not involved in a commercial
transaction.16
Proponents further argue that
it is misleading to characterize the
health-care reform as regulating the
practice of medicine.17 They find that
the reform effort is rooted in the impact
that insurance premiums and unpaid
medical bills of the uninsured have on
the national economy.18 Supporters
of the mandate argue that the federal
government is already involved in
health care by means of the Food and
Drug Administration, as well as the
Drug Enforcement Administration.19
And while federalism is an important
component of our Constitution, the
Tenth Amendment cannot serve as a
shield from all federal policies.20
Supporters and opponents
of the mandate also disagree on how
the limits of Congress’s taxing and
spending power may impact health-
care reform.21 Supporters of the
mandate argue that the fine collectable
by the IRS for not complying with the
mandate is well within Congress’s
recognized powers to tax and spend
for the general welfare.22 However,
critics note that Congress cannot use
taxes to regulate conduct they do not
otherwise have power to regulate.23
They argue that if the purpose of the
fine was solely to raise revenue, it could
pass as a general-welfare provision;
however, if it appears that the fine is
set as a penalty to ensure compliance,
it would be an improper use of the
taxing and spending power.24
The political fate of the
insurance mandate remains uncertain.
Whether any constitutional challenge
would gain traction in Congress or the
courts is speculative as well. Congress
is given great deference as to what is
“Necessary and Proper” and what
taxes may be levied for the general
welfare.25 However, because of the
divisive nature of health-care reform
and the scope of federal power, it
would not be surprising if a federal
mandate for the purchase of health
insurance would be voted down by
Congress or struck down by the courts
on constitutional grounds.

1
See President Barack Obama, Remarks by the President to a Joint Session of Con-
gress on Health Care (Sept. 9, 2009), available at http://www.whitehouse.gov/the_
press_office/Remarks-by-the-President-to-a-Joint-Session-of-Congress-on-Health-
Care/. See President Barack Obama, Remarks by the President to a Joint Session
of Congress on Health Care (Sept. 9, 2009), available at http://www.whitehouse.
gov/the_press_office/Remarks-by-the-President-to-a-Joint-Session-of-Congress-on-
Health-Care/.
2
See Orrin G. Hatch & Mark Shurtleff, Opinion, Healthcare Legislation is a Threat
to Liberty, L.A. TIMES, Jan. 20, 2010, available at http://articles.latimes.com/2010/
jan/20/opinion/la-oe-hatch20-2010jan20; see also George Will, Opinion, Constitu-
tional Questions Block Health Care Reform, DETROIT NEWS, Jan. 17, 2010, available
at http://detnews.com/article/20100117/OPINION03/1170304/Constitutional-ques-
tions-block-health-care-reform; see also David B. Rivkin Jr. & Lee A. Casey, Illegal
Health Reform, WASH. POST, Aug. 22, 2009, available at http://www.washingtonpost.
com/wp-dyn/content/article/2009/08/21/AR2009082103033.html.
3
See Rivkin & Casey, supra note 2.
4
See id.
5
See id.
6
See id.
7
See Andrew P. Napolitano, Opinion, Health-Care Reform and the Constitution, WALL
ST. J., Sept. 15, 2009, available at http://online.wsj.com/article/SB100014240529702
03917304574412793406386548.html.
8
See id.; see also United States v. Lopez, 514 U.S. 549 (1995).
9
See Lopez, 514 U.S. at 566-67; Rivkin & Casey, supra note 2.
10
See Napolitano, supra note 7.
11
See id.
12
See Ed Hornick, ‘Tenther’ Movement Aims to Put Power Back in States’ Hands, CNN.
COM, Feb. 10, 2010, http://www.cnn.com/2010/POLITICS/02/10/tenth.amendment.
movement/index.html?iref=allsearch (last visited Feb. 15, 2010); see also Hatch &
Shurtleff, supra note 2; see also George F. Will, Opinion, Unlawful Health Reform
?, WASH. POST, Nov. 19, 2009, available at http://www.washingtonpost.com/wp-dyn/
content/article/2009/11/18/AR2009111802697.html.
13
See Robert A. Schapiro, Opinion, Federalism is No Bar to Health Care Reform, AT-
LANTA J. CONST., Nov. 2, 2009, available at http://www.ajc.com/opinion/federalism-
is-no-bar-182808.html; see also Erwin Chemerinsky, Health Care Reform is Consti-
tutional, POLITICO, Oct. 23, 2009, http://www.politico.com/news/stories/1009/28620.
html (last visited Feb. 15, 2010).
14
Chemerinsky, supra note 13.
15
See id.
16
See id.
17
See Mark A. Hall, Letter to the Editor, Health-Care Reform is Constitutional, WALL
ST. J., Sept. 24, 2009, available at http://online.wsj.com/article/SB100014240529702
04518504574417371508861600.html.
18
See id; see also Schapiro, supra note 13; see also Chemerinsky, supra note 13.
19
See Hall, supra note 17.
20
See Hornick, supra note 12; see also Schapiro, supra note 13.
21
See Will, supra note 12; see also Chemerinsky, supra note 13; see also Rivkin &
Casey, supra note 2.
22
See Chemerinsky, supra note 13.
23
See Rivkin & Casey, supra note 2.
24
See id.
25
See Sonzinsky v. United States, 300 U.S. 506 (1937); see also M’Culloch v. Mary-
land, 17 U.S. 316 (1819); see also Will, supra note 2.
The Pillar, February 24, 2010 9

CAMPUS NEWS
Trust or Truth? Time for the Court to Decide
John Hohmeier, Contributing Editor

Under the Federal Rules of
Evidence, hearsay statements are
usually kept from a jury because it
is likely impossible for the jury to
calculate the trustworthiness of the
statement – all they can do is try and
decide whether the declarant is lying.1
But there are many exceptions to the
hearsay rule. The excited utterance2
is treated in the court room as a ‘well
founded’ hearsay exception3; however,
in light of recent discoveries in the
fields of Psychology and Neurobiology,
it is becoming clear that excited
utterances are not so reliable, and the
trusty foundation used by the court
to justify it is becoming meaningless.
After all, what good is trust without
truth?
There have been many
arguments supporting this position.
Explanations range from hormones to
stress to panic, and though all of these
are right, to one extent or another, in
our practice, we prefer to subscribe
to Occam’s razor: when there are
multiple explanations for one thing,
deference must be given to the simpler
one. And the simplest reason that the
excited utterance should not be trusted
is cortisol. But perhaps this is putting
the cart before the horse.
A common misconception
about memory is that it is a distinct
entity. For example, most people
believe that we are all equipped with
a memory, and that this memory is
produced from an intake of the senses
and that it is simply stored somewhere
waiting to be recalled. But the process
of consolidating memory is served by
multiple systems and various parts of
the brain – most notably the amygdala
and the hippocampus which are part
of the limbic system.4 Upon receiving
sensory information, the amygdala
determines what and where memory
fragments received from the senses are
to be stored in the brain; consequently,
the amygdala is also involved in the
secretion of hormones like cortisol as
well.5 The hippocampus on the other
hand sends memories out to certain
parts of the cerebral hemisphere for
long-term storage and also retrieves
them when necessary.6 What we call a
memory is not one thing: it is multiple
nerve stimuli that are first recognized
and then consolidated by the brain.
Cortisol is a chemical hormone
secreted naturally by the adrenal gland
in response to stress.7 The adrenal
gland is not in the brain, but it is
controlled by the limbic system. When
we encounter an exciting or stressful
situation, our body reacts immediately;
however, another common
misconception is that as soon as we
are challenged by stressful or exciting
stimuli, we resort to the primitive “fight
or flight” response. Actually, the first
thing that we do is freeze, and when we
freeze we naturally narrow our focus.8
Under high-stress situations we are
unable to distinguish important details
from unimportant ones, and we resort
to primitive use of our limbic system
instead of the high powered reasoning
of our neural cortex.9 Once the limbic
system kicks in, all of our responses
are reactory and without much (if
any) reflection. Such seems to be the
justification for the courts treatment of
excited utterances – they are reliable
because the declarent has no time to
consciously manipulate what their
experience.
In order for the excited
utterance to be allowed into evidence,
the statement must be spontaneous
or impulsive (among other things) as
opposed to being the result of careful
reflection or deliberation.10 Courts treat
excited utterances as an exception to
the hearsay doctrine precisely because
they are made without reflection:
“Statements made while
under the influence of a startling
event are considered reliable because
excitement is thought to still the
reflective capacity and give rise to
trustworthiness. Commentators have
noted that excitement may also give
rise to error, but this has generally
not detracted from the admissibility of
these statements.”11
Both the court and the
commentators are right; however,
the commentators are closer to the
truth than the courts are. Though
it is true that excited utterances
are made without much (if any)
conscious reflection, the unconscious
physiological process’ that takes place
in the brain is inherently mysterious to
us. In fact, recent investigations are
showing that when cortisol is released
to the brain, it actually inhibits
cognitive functioning.12 To be clear:
while in a situation of elevated stress,
the brains ability to index memory
or recall it properly is hindered by
cortisol,13 and our perception of the
stressful event becomes much cruder,
lacking any specificity or complexity.14
Incoming stimulus such as
sight (registering in the brain as a
nerve stimulus) is partially processed
by the thalamus which is part of the
limbic system as well. 15 These sensory
perceptions are rough and basic, so
the information is sent to other areas
of the limbic system, like the amygdala
and hippocampus, for processing and
coding.16
Sensory perceptions like what
we see are really just electric impulses
that register and travel via neurons.17
Neurons are the informational highways
of our brain, like telephone wires
with various terminals along the way.
Neurons link each part of our brain
which allows our brain to communicate
with the central-nervous system;
Neurons are specialized to transmit
electronic information throughout our
bodies.18
The hypothalamus (also part
of the limbic system) regulates the
adrenal glands.19 The adrenal glands
are responsible for the secretion of
hormones, most notably cortisol.20
Cortisol is secreted in high amounts
during the body’s fight-or-flight
response and is itself responsible for
counteracting stressful changes to the
physiology of the body.21
So when high amounts of
cortisol are secreted during a high-
stress situation and begin to race
through the brain, nearly the entire
limbic system is involved all at once.
The incoming electric stimulus
provoking the excited utterance, or
alternatively the messages sent out
from the hippocampus to retrieve the
coded memory, is competing with the
cortisol and may be broken up or even
changed on its way to processing .
This cortisol-induced inhibition of the
nerve stimulus can result in coding
errors or even false recall (utterance)
of a properly formed memory. And
this limbic process is completely
involuntary and happens with no
conscious reflection or chance that
the potential declarant will contrive or
willfully manufacture his own version
of the events.
The precarious and extremely
volatile process that is involved in
the storage of veridical memory is
itself done involuntarily and without
reflection; however, this does not
guarantee the truthfulness of such a
perception and its subsequent recall.
The courts justify excited utterances
by saying that they are trustworthy
because they are spontaneous and
made without reflection. But isn’t
the umbrella purpose of the rules of
evidence to uncover the truth of the
matter at hand?
The court is now faced with
the issue of separating trust from
truth, because sometimes they are
two different and competing concepts.
As investigations in Neurobiology
and Psychology continue to uncover
the mysteries of the human brain,
studies are showing that just because
something is trustworthy, does not
necessarily mean that it is true.
1
2
155 A.L.R. Fed. 583, *2a.
Fed. R. Ev. 803(2).
3
State v. Davis, 64 P.3d 661 (Wash. Ct. app. Div. 1
4
2003).
W. Jake Jacobs & Lynn Nadel, Commentary:
Neurobiology of Reconstructed Memory, 4 Psych.
Pub. Pol. and L. 1110, 1111 (1998).
5
Regina Bailey, Limbic System (visited on February
9, 2010), http://biology.about.com/od/anatomy/a/
aa042205a.htm.
6
7
Id.
Paul D. Drew & Janet A. Davis, Inhibition of
Microglial Cell Activation by Cortisol, 25 July
2000, http://www.sciencedirect.com/science?_
ob=ArticleURL&_udi=B6SYT-40TH5Y0-C&_
user=10&_rdoc=1&_fmt=&_orig=search&_sort=d&_
docanchor=&view=c&_searchStrId=1143481791&_
rerunOrigin=google&_acct=C000050221&_
version=1&_urlVersion=0&_userid=10&md5=e82bd
09619be9a3e5ae55b55395fd885.
8
9
Id.
Alan M. Lerner, Using Our Brains: What Cognitive
Science And Social Psychology Teach Us
About Teaching Law Students To Make Ethical,
Professionally Responsible, Choices, 23 Quinnipiac
L. Rev. 643, 679 (2004).
10
Fed. R. Evid. 803 (2), see also U.S. v. Clemmons,
11
461 F.3d 1057 (8th Cir. 2006).
4-803 Federal Rules of Evidence Manual 803.2
12
Leslie Larkin Cooney, Therapeutic Jurisprudence in
Clinical Legal Education and Legal Skills Training,
17 St. Thomas L. Rev. 407, 420 (2005).
13
Renate N. Caine & Geoffrey Caine, Making
Connections: Teaching and the Human Brain 17
(Ronald S. Brandt, ed., Dale Seymour Publications
1994) (1991).
14
Steven Johnson, Mind Wide Open: Your Brain and
the Neuroscience of Everyday Life 150-57 (Simon &
Schuster Adult Publishing Group 2004).
15
Regina Bailey, Limbic System (visited February 9,
2010), http://biology.about.com/od/anatomy/a/
aa042205a.htm.
16
Id.
17
Walter J. Freeman, The Physiology of Perception,
Scientific America, Vol. 264 at 78-85 (February
1991).
18
Kendra Van Wagner, What is a Neuron? (visited
February 9, 2010), http://psychology.about.com/
od/biopsychology/f/neuron01.htm,.
19
Id.
20
Elizabeth Scott, Cortisol and Stress: How to Stay
Healthy (updated January 12, 2010), http://stress.
about.com/od/stresshealth/a/cortisol.htm.
21
Id.

Student Organization to Host Debate on Same-Sex Marriage

Joshua Hershberger, Contributing Writer

On Friday, March 5th, Jay Kaplan, a specialist from the American Civil Liberties Union (ACLU), and Jordan Lorence, a well-known speaker from the
conservative Alliance Defense Fund (ADF), will debate the question of whether state lawmakers or the federal government should pursue legislation defining marriage
as between one man and one woman. The debate will be held in the auditorium on the 6th floor of the Temple Building at 3p.m. Admission is free. As the host
organization, the Christian Legal Society (CLS) is dedicated to providing an objective, academically informative look at this issue enveloped in a very emotional
controversy and propelled to the national spotlight by Proposition 8 and the resulting state and federal cases. The CLS would like to invite the Cooley community to
join them as Jay Kaplan and Jordan Lorence provide a polished and thought-provoking look at both sides of the debate.
The Lansing CLS Chapter is a student organization dedicating to cultivating spiritual growth through weekly Bible study and prayer, expressing the love
of Christ to the Cooley campus and the Lansing community through academic discussions such as the one mentioned in this article and community service, and
educating law students to integrate faith and law through Biblical exposition and conferences. The CLS meets on Thursdays at 1pm in a location indicated each week
on the Cooley portal and has regular activities such as bowling, volunteering at a local homeless shelter, and off-campus fellowships.
10 The Pillar, February 24, 2010

COMMUNITY NEWS
Credit & Financial Fitness: Where do you stand?
Cavita Sharma, Editor-in-Chief

The National Best Selling
Author, David Bach, shares a story
about a person attempting to schedule
an airline flight to Paris, but in his
frantic voicemail he fails to tell the
travel agency the departure city and
is, unfortunately, stranded the next
day. If you don’t know where you are,
how can you get to your destination?
The same holds true for finances.
How can you realistically achieve a
goal if you do not know where your
starting point is located? Most of us
have trouble keeping up with outlines,
classes, and extracurricular activities;
the last thing we can do is effectively
manage finances without a solid plan.
If you had a blank sheet of paper, could
you list every bank account, student
loan, interest rate, asset, and liability
accurately? Probably not.
The first step is to obtain a
current credit report. Every consumer
should know the contents of their credit
report. It is a great starting point to
see where you are financially. When
the information is reported accurately,
a credit report gives snapshots of credit
lines and current total debt. Whether
you have color-coded files for all of
your financial documents, or utilize the
shopping bag method, the most crucial
part is organizing all the documents
with financial data.
Bach recommends an
electronic system, such as Quicken.
However, to begin, he also suggests
a simple filing method using file
folders labeled: (1) “Tax Returns”, (2)
“Retirement Accounts”, (3) “Social
Security”, (4) “Investment Accounts”,
(5) “Savings and Checking Accounts”,
(6) “Household Accounts”, (7) “Credit
Card Debt”, (8) “Other Liabilities”,
(9) “Insurance”, (10) “ Family Will
or Trust”, and (11) “Children’s
Accounts”. Once all these documents
are organized it is easier to complete
a financial summary worksheet or an
“inventory planner”. Bach proposes
some basic information to consider
in the “inventory planner”. The
first section, cash reserves, will list
accounts, current balance, and interest
rates. Included in the cash reserves,
list and organize any fixed income, such
as stocks, annuities, and brokerage
accounts. Second, categorize all
retirement accounts by company
name, type of plan, approximate value,
and the percent you contribute. It
is also important to document dates
of employment and know who the
beneficiary is on the account. Self-
directed retirement accounts are listed
in section two as well and include IRAs,
Roth IRAs, SEP-IRAs, and SAR-SEP
IRAs.
Third, document real estate
regardless of whether or not you
rent. If you own a home calculate the
approximate value of the house, loan-to-
value ratios, loan specifics, and taxing
authorities. The fourth category is
estate planning. Law students should
have a will or living trust in place and
know exactly where to obtain this
information for family members. Bach
also proposes that life insurance and
tax planning information is slotted in
under estate planning. The beauty and
practicality of an inventory planner is
invaluable.
The fourth category in the
inventory planner is cash flow. Cash
flow is a fluid amount that will change
(hopefully) after graduation. In
the mean time, you should track an
estimated monthly income, annual
income, and expense, which are the
basics of accounting principles. One
of the goals is to determine net cash
flow and net worth.
To determine net
cash flow subtract the
amount spent from
the amount earned
after taxes. Net worth
is easily calculated
by subtracting total
liabilities from total
assets.
Goal setting is vital to financial
health. It can be challenging to
determine financial objectives when
swimming in student loan debt, but
simply ask: what are my current financial
goals and objectives? If there are
pressing financial concerns, prioritize
those and use reliable resources for
help when you need it. Anticipate and
plan for major life changes that will
require money after graduation – bar
prep courses, emergencies, medical
costs, and a six month reserve for
living expenses. Overall, reflect on
the financial decisions that produced
positive outcomes, and those which
you would do differently – this is your
opportunity!
Napoleon Hill was a master
motivator who said that to achieve your
dreams you have to focus on what you
want your life to be about. Hill studied
some of the most successful people of
his time noting that prioritizing time,
effort, and money will lead to success
and fulfilling those dreams.

ADR, Mock Trial, and Moot Court Mock Trial Board is accepting
Cordially invite you to attend the
donations to Eve’s House as part of
Hilary 2010 our community service for the term.
Litigation Banquet For every three items you donate you will receive
1 membership point.

Items We Need Today • Spiral Notebooks

• Standard Size Pillows • Black Shirts Size L or XL
• Deodorant/ • Cleaning Supplies
Antiperspirant • Personal Needs
• Hand Sanitizer • Women’s Socks
• Powder or Liquid • Women’s underwear
Laundry Soap sizes 7-10
• Dryer Sheets and Bleach
March 13th, 2010 • Paper Towel Ongoing Needs
• Toilet Paper • 30/33 Gallon Trash Bags
6th Floor Temple Building Auditorium • Paint, Paint and more
5:30 p.m.- Social 6:00 p.m.- Dinner Counseling Program Paint!
• Positive Themed Framed • Paint Roller Covers,
Pictures or Landscapes Painters Tape, Trim
Tickets are $5 and on sale now in the for updating counseling Brushes and PAINT!
CC lobby and the ADR, Mock Trial, spaces • Shampoo & Conditioner,
and Moot Court Offices • Journals!!!!! Body Lotion
Non-Residential Program • Liquid Dish Soap
Join us for: • Daily, Weekly and
Organizational Awards and Slideshows, Monthly planners
the chance to win a discount off a Bar-Prep Course, and more!
The Pillar, February 24, 2010
COMMUNITY NEWS
How to Buy a Car
I’ve bought two cars in the last month.
One for me, one for my daughter. By
doing two days of negotiating, I saved
myself in excess of $3,000. If you want
to save money on your next (first?) car
purchase, read on.
1. Nobody pays sticker. Don’t be duped
into paying what the sticker price says.
The sticker price means nothing when
you’re buying a car. Find out what the
dealer’s invoice price is (lots of services
will do this—Consumer Reports is
one). This information may cost you
a bit to buy, but it’s well worth it. Use
the dealer’s invoice price as where you
start negotiating. Negotiate up from
there, not down from the sticker.
2. Negotiate only one variable. If you
are trading a car in and buying a new
car, the dealer will try to use both of
these variables to confuse you and
charge you a higher price. As quickly as
possible, get to the point where you’re
negotiating only one variable. This will
be either be the purchase price of the
car you’re buying or what the dealer
will give you in trade for your car. If
you try to negotiate both at once, the
dealer can easily inflate one to make it
seem like you’re getting a great price
on the other.
3. Don’t tell them what they need to
know to work against you. On both
of my purchases, I used an employee-
discount program. That means the
discounted price I paid for the new
vehicles I purchased was fixed. The
only variable was how much I would
get for the cars I traded in. Every
dealer wanted to know immediately
either what I wanted for the trade
or what I had already been offered.
They asked this because knowledge
is power. I always gave an evasive
answer, something like, “I know what
the NADA value is, so I expect to get
something within range.” Another one
that worked well was, “I have a good
strong offer already, so make a strong
offer.” If I told the dealer a price that
was too high, he or she would have
known that I didn’t know what my car
was worth. If I told the dealer a low
price, it removed all incentive for them
to make a strong offer.
4. Go to numerous dealers. Don’t go
to only one dealer, even if you think
your first dealer gave you a great offer.
I started out with a very good offer
from a dealer who offered me $7,200
for my truck on trade-in. The next one
offered me $6,500 but quickly upped
the offer to $7,400 when I told him I’d
Olen Noe, Contributing Writer
already been offered $7,200. The next
couple of dealers low-balled at $6,000
and $6,500. The next one made a first
low-ball offer of $6,000. I told him I’d
already been offered $7,400 and was
still shopping. He asked if I’d buy from
him if he matched $7,400. I told him
he’d have to do better. That’s when the
offer went to $7,800. This offer was
within the range I wanted, and I was
tired of driving to dealers, so I took the
offer.
5. Watch out for tricks. Whether
it’s justified or not, car dealers don’t
have a sterling reputation for ethics.
Maybe they don’t try to trick you,
but buyer beware. Know what your
payment should be. Read contracts.
Question what doesn’t make sense.
When I bought my first car right out
of undergrad, I walked into my loan
closing knowing what my payment
should be. When the payment wasn’t
what it should be, I questioned it. As
it turns out, the “F and I” (stands
for finance and insurance) guy had
“mistakenly” added credit life and
credit-disability insurance to my loan.
I had told my salesman I didn’t want
this. The F-and-I guy tried again to
talk me into it, but I told him I didn’t
want it. He then said he wasn’t sure
I could close on the car that day if I
wanted this “change” made because
he didn’t think he had time to retype
the documents. But after I told him I
would either wait or go somewhere else
to buy the car, he changed his tune and
got the documents retyped.
This same F-and-I guy tried to pull
another fast one. He tried to get me
to sign a loan that was not a “simple
interest” loan. Simple interest means
the borrower pays interest only on
the outstanding balance of the loan.
The loan the F-and-I guy tried to get
me to sign calculated interest in the
“double declining balance” method.
This means I paid more of the interest
up front than I would under simple
interest. This amounted to a large
prepayment penalty.
6. Negotiate for add-ons if you want
them. When you have struck the
best deal you can, your salesman
will introduce you to the “F and I”
person (also known as the “business
manager”). The best advice is to hold
onto your wallet here. The F and I
person’s purpose is to make money off
you in every way they can. Don’t forget
this. Of course, everybody at the
dealership has this same goal. But if
you are not vigilant, the F-and-I person
11
can catch you off guard and prey on
your lack of knowledge or insecurity.
The F-and-I person will try to sell you
fabric protections, paint protections,
rust proofing, GAP insurance, and
extended warranties. The only thing
worthwhile here is an extended
warranty. And if you buy an extended
warranty, negotiate the price. I said no
thanks to the extended warranty and it
suddenly became $300 cheaper.
7. Don’t be afraid to walk away. You
may not get the deal you want. Don’t be
afraid to walk away. My dad was great
at this. I recall as a teenager going with
him to buy a truck. He didn’t want to
pay more than a set price for the truck.
I watched my dad negotiate to within
a couple hundred dollars of the price
he wanted. The dealer wouldn’t budge
any farther. My dad said ok, wished
the gentleman a good day and left. I
couldn’t believe it. After all that, he
was going to walk away over a couple
hundred dollars? When we got to the
car, to my surprise, the salesman came
running out after us and told my dad to
come back in. They met his price right
there on the spot. I’ve put this lesson
into practice many times. And I tell
the dealer right up front also to give
me their best deal because I’m going
to shop around.
8. Don’t forget to get the best rate.
Don’t forget to shop for the best rate
on your loan. If you walk into a car
dealership without knowing what kind
of a rate you can get on your own (i.e.,
from your local credit union), you
may get taken. The F-and-I person at
one dealership I went to told me their
“best rate” was in the 7% range. After
I mentioned the rate I had already
been approved for at my credit union,
suddenly, they had a rate that was
much lower. The dealer was probably
“bumping” my rate. This is where a
bank sets a rate at a certain percent—
let’s say 5%. If the dealer can get
someone to take a 7% rate instead of
5%, the dealer pockets a nice bonus
for “bumping” the rate. Watch out for
this.
I traded-in two vehicles. One was a
mini-van. The lowest offer was $1,500.
The best offer was $3,400 for the trade-
in. The other was a pick-up truck. The
lowest offer was $6,000. The best offer
was $7,800. It took an investment of
one day’s time for each deal, but for
the $3,700 I saved, it was well worth
the time.
12
COMMUNITY NEWS
The Lifestyle Lawyer:
Alternative Spring Break Destinations: Costa Rica
With spring break soon approaching,
Thomas Cooley law students deserve
a hard-earned break from the books.
Instead of your archetypal MTV hot-spot
Spring Break destination like Panama
City or Cancun, Costa Rica is an exotic
alternative, at ‘student friendly’ prices.
Costa Rica’s rich and natural diversity,
pristine beaches, lush rainforests, and
tropical wildlife make it an ideal place
for any law student to visit as a reprise
from school. Costa Rica offers miles of
white beach coastlines coupled with a
winterless climate.
For the law student aspiring
to pursue a career in real estate
development, Costa Rica offers
lucrative real estate investment
opportunities to peruse and perhaps
potential clients. Costa Rica is
currently a developing country;
however, its stunning atmosphere has
established it as a top travel destination.
Its ever increasing infrastructure and
accessibility are constantly attracting
investors and triggering explosive real
estate growth. There are no capital
gains taxes, coupled with low property
taxes, thus enhances this growth. This
is an influential incentive which makes
Costa Rica an attractive haven for
major corporations, private real estate
investors and world-class resorts such
as Marriott and the Four Seasons.
Costa Rica’s excursions include
a smorgasbord of outdoor activities for
students of both the Gen-X adrenaline
junkies and the more tranquil ‘stop
and smell-the-roses’ types. Activities
include:
1. Visiting Arenal, the Land of
the Active Volcano: The Arenal
Volcano is the only volcano in
Costa Rica constantly active since
awakening after 40 years ago with
the explosive 1968 eruption. The
volcano now produces huge ash
columns, explosions and glowing
red lava almost every day. It is
considered one of the ten most
active volcanoes in the world.
After a day of touring the volatile
volcano, and a wish to spend a
special day at a mountain side
hotel, with a superb view of the
majestic Arenal Volcano just
outside, Volcano Lodge, is the
ideal place. (www.volcanolodge.
com).
2. Relaxing in Natural Hot Springs:
Marla Neufeld, Esq., Contributing Writer
Located at the foot of the grandiose
Arenal Volcano, lays the tropical
paradise of nature, Tabacon Grand
Spa Thermal Resort. Geologically,
Tabacon’s hot springs, which are a
series of waterfalls hiding amongst
lush landscaping, are 97 percent
rain-based and 3 percent magma-
based. In Spring Break terms that
means 100 percent relaxation.
While there are many hot springs’
destinations around the world, few
offers this special balance set in a
gorgeous natural paradise, truly a
water park for adults. Tabcon offers
a variety of day visit packages,
which allow you to spend time
relaxing in the thermo-mineral
springs, experiencing Costa Rica’s
top spa, or enjoying a cocktail in
one of the world’s only 98 degree
wet bar. (www.tabacon.com).
3. Canopy Tour in the Rainforest:
For the more adventurous traveler,
strap on a harness and glide
through the rainforest with Arenal
Canopy, where you can sail through
the tree tops using pulleys and
harnesses on horizontal traverse
cables. The tour starts embarks
with an exciting adventure with
either a horse-back or ATV ride
of about 40 minutes through a
farming and pasture area. The
journey then continues with a short
hike through a tropical rain forest
where you may encounter various
species of wildlife such as white-
faced monkeys, howler monkeys,
agoutis (rodent species that inhabit
areas of Central America), and a
great diversity of birds and plants.
The zip-lines for the canopy tour
feature seven platforms connected
with five traverse cables with
various lengths ranging from 60-
170 meters.( http://www.canopy.
co.cr/).
4. Canyoning Waterfall Rappelling:
For an adventure more confronting
than a 1L contracts class,
experience waterfall rappelling
with Pure Trek Adventures.
With Pure Trek you can journey
through the forest on magical
trails that lead to some of the most
spectacular waterfalls in Costa
Rica – which you then proceed
to jump off of!! This exhilarating
adventure includes rappelling
down from the top of the waterfall
into the picturesque canyon below,
which is reminiscent of a scene
from the Lord of the Rings or
Avatar. This adventure includes
four rappels, three of which are
along waterfalls, and one dry rock
face. Along your path through
the rain forest, see tropical birds,
monkey and thousands of different
kinds of plants and flowers.(
puretrekcostarica.com).
5. Surfing in Jaco Beach: Instead
of learning how to ‘draft memos’,
learn how to ‘hang ten’ with
Waves Costa Rica. Learn to surf
on the beautiful Jaco Beach, with
qualified and expert instructors.
With Waves, you will learn basic
ocean knowledge, including how to
read the waves, the tide, the swell,
and the wind. The expert surfers
will teach you the fundamentals:
an array of paddling methods, how
to ‘duck dive’, and how to get to
your feet. For beginners, there
are numerous spots in the area
conducive to novice surfing. The
staff at Waves, which includes
some of the best surfers in Costa
Rica, will have you surfing in no
time. (www.wavescr.com). A laid
back bustling town, Jaco has one
of the most popular Costa Rican
beaches. One of the town’s major
attractions is the fantastic surfing,
as the waves are consistently big
and the breaks are ‘tubular’. A
yearly international surf contest
is hosted at their nearby beach,
Playa Hermosa, and attracts many
surfers from around the world. In
Jaco you will find accommodations
to suit ever budget, including
Hotel Balcon Del Mar. The hotel,
located directly on the ocean,
is a great place to watch the
beautiful sunset or try out your
new surfing skills on the big waves
just outside your front door. (www.
hotelbalcondelmar.com).
6. White Water Rafting: Ride
down the Naranjo or Savegre River
with Iguana Tour’s white water
rafting excursion. “Welcome to our
office,” the rafting guides exclaim
as you float down the sparkling
pristine river. But do not get too
relaxed, because Level II, III, and
IV white water rapids eagerly
await you. All trips are geared
towards ecology, safety education,
The Pillar, February 24, 2010
and adventure, offering two
unforgettable river adventures with
internationally trained, bilingual
guides and safety trained kayakers.
(www.iguanatours.com).
7. Animal Sightseeing at Manuel
Antonio National Park: Take a
leisurely hike with a professionally
trained, well-educated Costa Rican
naturalist guide through the exotic,
bio-diverse tropical rain forest,
Manuel Antonio National Park. No
matter which direction you look,
you are surrounded by amazing
wildlife such as sloths, numerous
species of monkeys, silky anteaters
and iguanas just resting in the
tropical rainforest. While strolling
through the park, enjoy the songs
of the various birds as they glide
above you. And if you are lucky,
you might spot one of the only
1,000 remaining endangered Mono
Titi or squirrel monkeys, who are
only located at Manuel Antonio.
After a long walk in the park, sip
a freshly cracked coconut while
sitting on the white sand beach.
(www.manuelantoniopark.com).
8. Specifics: Currency in Costa
Rica: Costa Rican colon (CRC).
Roughly $1US= 558.11 Costa
Rican Colon. The official language
is Spanish. Traffic in Costa Rica
is dangerous, so be careful. Roads
tend to have many potholes and
are also full of twists and turns.
Do not forget to bring your
Dramamine and to call Sunset
Tours to safely take you on your
travels anywhere in Costa Rica.
The drivers are proficient in
English, are knowledgeable about
the destinations, and make travel
through Costa Rica an enjoyable
and safe experience.(www.
sunsettourcr.com).
From studying for exams, to
finding the perfect summer job, Thomas
Cooley law students have enough to
think about. As the warmhearted Costa
Ricans jubilantly say: “Pura Vida!”
which is the motto to live by during
spring break. You will not find the
definition in Black’s Law Dictionary.
Pura Vida, meaning “pure life”, really
explains how Costa Ricans happily live
each day to its fullest, as should you on
your spring break “adjournment” as we
say in the legal world.
The Pillar, February 24, 2010
COMMUNITY NEWS
American Lawyer
in Central Europe
Chris Duczynski, Staff Writer
Imagine being in Central Europe - 4000
miles away from home - and looking to
get hired as a U.S. attorney. The idea
sounds daunting, near impossible for
most of us. I had the opportunity to
speak with one such person.
Mr. Paul Fogo is an American attorney,
whose journey to Poland began in 1997
when he enrolled in a summer study-
abroad program - studying European
Union Law and International Trade in
Krakow. That summer he fell in love
with the country and everything it
encompassed. After finishing his law
degree at the Catholic University of
America in 1998, Mr. Fogo passed the
Virginia bar and worked as a contract
attorney during his first year out of
law school. With memories of Poland
in mind, Mr. Fogo mailed out dozens
of resumes to Polish law firms while
working in the United States, but
received little response. Undaunted, Mr.
Fogo flew to Warsaw where he knocked
on doors; that resulted in interviews
with 9 law firms and 5 job offers. Polish
firms were attracted by the idea of
an American-educated attorney to assist
them in dealing with their western-
based clients as well as to expand their
knowledge of the American legal
system. For nearly 10 years Mr. Fogo
has worked in Warsaw, Poland, where
he primarily handles commercial real
estate transactions. For the past 7 years
Mr. Fogo has worked out of the Warsaw
office of Miller Canfield Paddock
& Stone, with offices in the United
States, Canada, Mexico, China as
well as three offices in Poland. He
offers the following advice for law
students wishing to begin their legal
careers abroad:
(I.) With large trans-national law firms
feeling the pain of the global financial
crisis, focus your job search on medium
size law firms that have multiple offices
throughout Europe.
(II.) For jobs in Poland, target Polish
based law firms that do not have
international offices.
(III) Mr. Fogo sees an increasing
demand in the area of Intellectual
Property in Eastern Europe; and,
general increased demand for western
trained attorneys in the Balkan states
and further east into the former Soviet
republics.
(IV.) For the students worried about
their class rank and grades; European
firms focus on your accomplishments
in the workplace and extracurricular
activities. Grades are important but
are not the determinative factor in the
hiring process.
Mr. Fogo, still thousands of miles away
from Virginia, calls Warsaw home,
where he is happily married and a
proud father.
Yoga
Homa Yahyavi, Ad Manager
TREE (Vrikshasana)
Purpose: The ability to be relaxed
and stable while standing on one foot
requires the development of internal
balance, physiologically as well as
psychologically. This posture, while
relatively simple, develops the body-
mind connections that form the basis
of all the standing and balancing
postures.
Ready position:
Stand with your shoulders relaxed and
your arms by your sides in a position
of ease. Align the center of your feet
so they are parallel and on axis with
the centerline of your ASIS bones.
Rock forward and back, then side to
side until your weight is centered over
your arches. With your knees slightly
bent to release hyperextension,
exhale and release all holding in your
buttocks, perineum, groin, and belly.
Entry and hold:
• Inhale, and as you exhale,
engage mulabandha and
straighten your legs. As a
result, feel your feet press into
the ground, your quadriceps
lift, your chest raise, and your
crown lift.
• Focus your gaze at a point on
the ground about eight feet in
front of you.
13
• Shift your center of gravity
over the centerline of your
left foot at the same time as
you bend your right knee
and place your right foot as
high on the inside of your left
thigh as comfortable.
• Continue the intention of
lifting in your chest and
crown, and slowly raise your
palms into prayer position in
front of your heart (see figure
1)
• Hold and breathe at your edge
of comfort.
• Once you are strong and
comfortable, lengthen your
arms up, straighten your
elbows, and stretch up (see
figure 2)
• Hold on this position, at the
edge of your comfort. Smile
to yourself
Return:
• Exhale, return your palms
to your heart and then to
your sides, return your right
foot to the ground, release
mulabandha, and relax.
REPEAT this for the other side.
**notes taken from Narvena Yoga
school, BC. Canada
14 The Pillar, February 24, 2010

COMMUNITY NEWS
The State Bar of Michigan
Animal Law Section
will conduct its annual Join the members of the ABA for a panel presentation “Finding
symposium from noon to 5 p.m. a Job in Today’s Economy: What the ABA Can Do for You”
along with panel members of the “Small Firm & Solo Practice
on Friday, March 5, 2010 Fair” to learn what you need to consider before opening your
own firm. Both panels will be speaking at a combined event on
at the Michigan State University Wednesday, March 3rd beginning at 5:00 p.m. with a networking
College of Law Castle Boardroom. reception to follow.

This presentation will take place at the Lansing campus in Room

Symposium speakers will address a number of topics related
to current issues in animal law. The purpose of the event is to
educate attorneys, but paralegals, law students, and members of
the general public are encouraged to attend. Highlights include:
· Updates on and successes from the Animal Legal Lifeline
· A look at practical considerations related to litigating animal
law disputes and updates on torts related to animal law, by
Julie Fershtman, vice president of the SBM Board of Directors
· A discussion of veterinary malpractice liability in the area of
companion animals by Chris Green, vice-chair of the ABA
Animal Law Committee
911, but will be broadcast to the Grand Rapids campus in Room
305, the Ann Arbor campus in Room 114 and the Auburn Hills
campus in Room TBA.
Dinner will be provided at the Lansing campus. Reservations
are required. Please contact the Career and Professional
Development Office at the location you would like to attend:
Lansing: (517) 371-5140, ext. 4110 or cpdoffice@cooley.edu
Grand Rapids: (616) 301-6800, ext. 6709 or kowalkok@cooley.edu
Ann Arbor: (734) 372-4900, ext. 8776 or edwardsn@cooley.edu
Auburn Hills: (248) 751-7800, ext. 7778 or kirbyje@cooley.edu

· A discussion of veterinary malpractice cases and developing

and running an animal law practice by Bellingham,
Washington based attorney Adam Karp, who has an extensive
animal law practice.

· Thinking about legal rights for wildlife

The cost to attend the symposium is $20 for law students

and $30 for attorneys and others who sign up on or before
Monday, March 1. The registration fee after March 1 is $30 for
law students and $40 for all others. Participants can register
online, fax the registration form and credit card information to
the State Bar at (517) 346-6365, or mail the form with check
or credit card payment to:

State Bar of Michigan

Attn: Seminar Registration
Michael Franck Building
306 Townsend Street
Lansing MI, 48933

Materials will be available after the seminar for those who are
unable to attend.

Questions can be directed to Anna Scott, SBM Animal Law

Section chair, at (517) 663-7909 or anna.m.scott@gmail.com.
The Pillar, February 24, 2010 15

COMMUNITY NEWS
Suggestion Box
Sherida Wysocki, Staff Writer

Policies and procedures are set to accommodate and service our student
body while addressing the smooth and effective business operations of the
institution. To that end, we found it necessary to set Tuesday following
exam week as the cut off date for late registration. Following are some of
the reasoning behind the decision.
Financial aid funds begin to come in electronically to Cooley 10 days prior
to the start of classes. The Financial Aid office cannot adequately, nor
timely, disburse funds until the late-add period ends. And, of course, we all
know that getting your money in a timely manner is very important! This
is the primary reason we moved the deadline to the previous term – so that
we would not interfere with you getting your aid as soon as it is available.
To hold up everyone’s financial aid to accommodate a very few students
who want to add later did not make sense to us.
Many of the courses are skills courses in which a good deal of information
is provided in the very first class. You miss this information, and you are
immediately behind the eight ball.
If you add during the first week, you may have already accrued one
absence. As stated in the policy manual, “Classes missed by reason of late
registration are treated as absences…”
Late registration affects your initial preparedness for the class. It is
unprofessional and inconsiderate to the professor and classmates to show
up unprepared. In the words of a wise sage, “If your beginning foundation
in the class is not solid, the edifice is slanted.”
We understand that, at times, this may not serve everyone. While this may
be considered a difficult and unreasonable policy, it is consistent with first
professional and graduate-school practices. On a related note, it will assist
you in preparing for the practice of law. Planning, being prepared, and
knowing how to handle challenging situations and people with aplomb is
part of the process you will find necessary in your future career.
Enrollment and Students Services
Response to Suggestion Box Submission:
Q: Why can’t classes be added once the term begins?
A: Last month, one of the suggestions/comments that was placed
in the suggestion box on the 2nd floor of the Cooley Center was:
“I think students should be able to still add classes once the
term begins.” In direct response to this is the administration’s
reasoning as to why it is not feasible. The article is written by
Assistant Dean and Registrar, Sherida Wysocki.
We appreciate the suggestions and comments by students thus far
and encourage everyone to take advantage of the suggestion boxes
located at each of our campuses. Let your voice be heard!

Celebrity Medicine—
What’s the Price?
Unless you have been hiding under
a rock somewhere, it is highly likely
that you are at least mildly familiar
with the involuntary manslaughter
case launched against Michael
Jackson’s last doctor, Dr. Conrad
Murray. This case will bring the
almost secretive world of celebrity
medicine to the national forefaront.
To many, celebrity medicine is
known to involve “doctor-shopping”
by famous or wealthy people until
they find a doctor willing to give
them practically any drug they
request.
Prosecutors in this case must prove
that Murray was grossly negligent
or reckless in the way he treated
Jackson. In order to prove that
Murray was negligent or reckless,
this will require expert witness
testimony from doctors and medical
experts who can explain what the
ordinary standard of care would be
for a patient in Jackson’s condition
in order to gauge whether Murray
met or failed to meet the standard
of a reasonable, prudent doctor.
The prosecutors will likely say that
Murray’s treatment of Jackson
was so far from the accepted
standard of care that it deserves
to be punished as a crime. The
defense, with expert witnesses of
its own, will respond by saying that
Murray’s treatment of Jackson does
not amount to a crime punishable
by years in prison.
As curious minds stay glued to
Murray’s trial, the debate between
all of these medical experts
almost certainly will educate
the American people about the
extent to which some doctors
are willing to sell themselves
out to patients who can pay any
price for the medicine they want.
Should Dr. Murray have refused to
treat the superstar as aggressively
as he did? Probably. Would Jackson
then have found another doctor
to give him the drugs he desired?
Probably. Is this a problem that
extends far beyond Hollywood?
Definitely.
16 The Pillar, February 24, 2010

COMMUNITY NEWS
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The Pillar, February 24, 2010
COMMUNITY NEWS
Given the right audience, a “negative” can be positive.
Recently, I have been in
desperate need of a pocket-sized Navy
to English Dictionary. For this reason,
I have begun to compile the random,
scribbled acronyms that make their
way into the margins of all my notes,
and I thought I might share some of
the more useful phrases, but only FYSA
(for your situational awareness).
Article 32 Hearing: Preliminary,
probable cause hearing
GCM: General Courts Martial
Head call: to use the restroom.
SJA: Staff Judge Advocate, who
advises the admiral or commander of
the region on legal issues.
Government Trial Counsel: The
Navy version of the Prosecutor’s Office
for a given region
RLSO: Region Legal Services Office,
the department that contains both the
Government Trial Counsel and the
SJAs.
Squid: slang for sailor or member of
the Navy.
BOI: Board of Inquiry, convened to
determine whether an officer should
be separated from the Navy.
Admin Board: Administrative
Separation Board, the enlisted version
of the BOI.
Accused: Criminal defendant (unless
appearing before an Admin Board
or BOI, in which case the criminal
defendant is referred to as the
Navy fighter jet on display at the Smithsonian
National Air and Space Museum that took off a delighted two-year old who
from the USS Bon Homme Richard.
17
Elizabeth Smokay, Staff Writer
“respondent”). behavior that in
turn elicited a
NCIS: The CBS action drama that
spontaneous and
airs Tuesday nights. Just wanted to
positive reaction
see if you were paying attention. True
in the doting
definition: Naval Criminal Investigative
parent. `Last
Service.
week, I was asked
Deck: Floor a question, and
Bulkhead: Wall absent-mindedly
r e s p o n d e d
XO: Executive officer of a command or “Negative,” because
unit. I decided some
NJP: Non-judicial punishment, one of time ago that saying
the methods of punishment outside a “negative” provided
courts martial. an interesting
Captain/Admiral’s Mast: A form of alternative to the
non-judicial punishment issued by the boring “no.” To
captain, admiral, or commander on a my surprise and View of the Potomac River from Mount Vernon, home of
ship. automatic delight, George Washington.
this elicited a “very
Navy jargon, and it fell on appreciative
nice!” from the querying officer, and ears. Who knew – a negative can be
There is an overwhelming I realized that instead of just adding
ratio of acronyms to “real words” in positive – if the term falls on the right
some pizzazz to the mundane one- ears in the right context.
Naval conversational language and a word response, I had unwittingly used
strong inclination for “military-speak.” a phrase considered to be part of the
For instance, I say “three-thirty,” and
“January 12th,” while the JAG officers
say “fifteen-thirty,” and “12 January.”
However, I’m starting to accept it as a
normal pattern of speech more quickly
than I thought possible.
Although this is a slightly
morbid mental image, it reminds me
of the story in which a frog slowly boils
to death in a frying pan of water. This
occurs as the water is gradually heated
up over a period of time, allowing the
frog to adjust to each increase in the
temperature, before he realizes he
is being burned. In a sense,
I’m becoming attuned to the
military jargon, and I no longer
react to it with an internal
“seriously?” as I might (I do
not admit actually thinking
this) have done in the past.
For example, if I understand, I
simply nod, and say, “ok,” “yes,”
or even, “I understand.” I don’t
say, “I’m tracking.” But, if you
stop and think about it, not so
very long ago, you might have
thought that reflecting on the
habits of “a reasonable prudent
person,” or the amazing abilities
of the “fertile octogenarian,” or
proposing a “26(f) conference”
instead of a “study session”
sounded more stilted that useful
or reasonable. The truth is, given
enough time, the terminology
grows on you.
I recently felt like
accidentally stumbled upon a
18 The Pillar, February 24, 2010

SPORTS NEWS
Olympian Luger Dies: Inexperience or Negligence?
Shane Hobbs, Contributing Writer

A 21-year-old Georgian
luge racer, Nodar Kumaritashvili,
died last week during a trial run
at the Olympics in Vancouver.
The tragic event triggered world-
wide debate whether the ice track
and the Olympic Committee are
at fault.
Olympic officials blame
the athlete. They point out that
the racer’s lack of experience and
expertise directly contributed to
the fatal accident. This view is
shared by a fellow Olympian racer,
Ruben Gonzalez, who believes
that it was a clear case of “pilot
error.” However, Gonzalez also
contends that a barrier protector
would have prevented the death.
Following the accident,
the Toronto Sun and Orange
County Register argued for
greater safety improvements.
Both newspapers raised the issue
of quality control, stating that the
Olympic organizers did not take
proper precautions which would
have prevented Kumaritashvili’s
death.
A legal question remains
whether the family or estate
of Nodar Kumaritashvili has a
valid cause of action against the
Olympic organizers or the course
designers. The family does not
wish to pursue a lawsuit, but of
course this could change overtime.
Olympic athletes like the
Georgian luger signed a waiver
of liability against those involved
with the event. By signing this
agreement, the athletes assume
the risks. So, as a general
proposition, the luger assumed
all the risks involved – including
death. Thus he (through his
family) is barred from bringing
a claim. But, this “assumption
of risk” is not an absolute bar to
recovery.
This presumption
assumption of risk barring
recovery - may be overcome by a
showing of recklessness or extreme
negligence on behalf of the track
designers or others involved. A
professor at Duke Law School says
that Kumaritashvili’s may have a
case if it can be shown that event
organizers “knew or should have
known of abnormal dangers, but
failed to make the track safe.” For
instance, the conditions may be
abnormally dangerous if the track
organizers knew that the height
of the wall was too low or that a
protective barrier was appropriate
as compared to similar tracks
under similar conditions. These
examples would be abnormal
risks not inherent to the activity of
luging, and therefore not assumed
by the participant.
However, overcoming this
– assumption of risk standard is
difficult. The fact that the Olympic
organizers made changes following
the accident cannot be used as
evidence of a problematic track.
This follows our public policy
to urge entities to fix problems
rather than worrying about the
legal implications of such.
Many believe that the track
designers are at fault in the racer’s
death, and media sources across
the globe are crying foul against
the Olympic event organizers.
However, it is unlikely anything
will come about regarding this
tragic accident, furthering the
notion that the legal system is not
built on consensus or popularity.

O’Bannon v. NCAA: Opening Doors for Your Kids????

Zak Kurtz, Sports Editor

The emergence of a very
popular and consistent college fan
base, along with the video game
industry, apparel, DVD’s and other
merchandise, has allowed the NCAA
to continually profit from the likeness
of amateur athletes. The NCAA
brings in over a billion dollars a year
in revenue and gives nothing back to
the college athletes. The discussion
over whether college athletes should
have their images used by the NCAA
for commercial purposes AFTER they
have left their institutions and moved
on in life has been infecting the brains
of great college athletes for years.
Some moved on to play professional
sports, others work as doctors, lawyers,
insurance salesmen, gym teachers
or even sell cars like Ed O’Bannon.
O’Bannon is important here because
he, unlike many other former NCAA
student athletes, saw the NCAA
using his likeness and decided to do
something about it.
After leading the UCLA
Bruins to a championship as the
team’s leading scorer, O’Bannon was
drafted 9th overall by New Jersey as
a lottery pick in the 1995 NBA draft.
Knee injuries bothered O’Bannon,
as he struggled to stick in the league
for two years until he was released by
Orlando. Since his departure from the
NBA in 1997, O’Bannon played pro ball
in Europe, earned his college degree,
and has since been working for an auto
dealership near Las Vegas, where he
lives with his family.
One day, while playing NCAA
Basketball 2009 with his friend’s
child, O’Bannon noticed a stylish left
handed point-guard with the same
number he wore, playing on the “1995
UCLA Bruins” team in the EA Sports
videogame. After making a comment
about the similarities, O’Bannon’s
teased and commented, “It’s a shame
you’re not getting paid for that.”
O’Bannon thought about those words
for a little, before making the decision
to sue the NCAA, and on July 21st
of 2009. Ed O’Bannon, along with
thousands of other former college
athletes filed a class action lawsuit
against the NCAA in federal district
court in San Francisco, California.
Several weeks ago the first
ruling by the court was handed down
and it was an important one. On
Tuesday, Feb 8, the federal district
court’s denied the NCAA’s motion to
dismiss in the O’Bannon case.
The implications of
O’Bannon’s complaint surviving the
NCAA’s motion and the court’s ruling
are huge for O’Bannon and student much more. However, amongst all the
athletes in years to come. SI.com hoopla with the courts early ruling, it
Legal Analyst and Vermont Law School is highly likely that this case settles
Professor, Michael McCann said, “If outside of court like most of the
O’Bannon and others prevail or receive litigation matters against the NCAA.
a favorable settlement, the NCAA, The recent settlement in Oliver v.
along with its member conferences NCAA emphasized the NCAA likes
and institutions, could be required to to settle before an influential ruling
pay hundreds of millions of dollars in against them can bring light on their
damages, specifically because damages business matters. This one is special
are trebled under federal antitrust because the plaintiff survived summary
law. A victory would also necessitate judgment and the discovery process
substantial changes in the relationship was allowed to be conducted. A first
between the NCAA and student- against the NCAA.
athletes. Namely, the NCAA could be
required to advise student-
athletes of the importance
of legal counsel and of ways
in which student-athletes
can obtain counsel. “
To put it simple, this
decision could mean that
your children could have
a lot better “relationship”
with the NCAA when
playing collegiate athletics.
This could mean the
availability of legal advice
from a lawyer before
deciding to play college
ball, future incentives,
royalties, merchandising Ed O’Bannon has the spotlight on him again. Will he
and apparel deals, and succeed like he did in the 1995 NCAA Tournament?
The Pillar, February 24, 2010 19

CAMPUS NEWS
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20
Math Teacher a Hero after Tackling Gunman
at a Colorado Middle School
What would you do when
placed in a life-threatening situation?
Would you risk your own life in an
attempt to save the lives of so many
others? Or would you run away
and hide, hoping to save yourself,
while guaranteeing others will not
make it out alive? I believe that it is
important to take a lesson from the
actions of others. Sometimes, the
lesson to take is to not act as another
has acted. But other times, someone
does something so courageous, so
sacrificial, and so heroic that we all
should take a lesson and learn by
that person’s example. Would you be
a hero?
On Tuesday, February 23,
2010, the school bell rang at 3pm,
just like it had every other day.
Middle school students grabbed their
book bags and rushed out of the
school doors, anxious to get home.
Meanwhile, a 32-year-old man was
walking through the school parking
lot with a hunting rifle. One 14-year-
old student was just outside the front
door of the school when he saw the
gunman ask another student whether
he attended that school. The student
simply answered, “yeah”, and the
The Pillar, February 24, 2010
CAMPUS NEWS
Shane Hobbs, Contributing Writer
man opened fire with a the day but didn’t know why. He was
high-powered rifle. also inside the school shortly before
Moments later, a the shooting. He will likely face at
57-year-old Math teacher least two counts of attempted murder.
named David Benke, Deer Creek Middle School
who was monitoring the is located in Littleton, Colorado,
parking lot, noticed that which is less than three miles from
the gunman was trying Columbine High School. The local
to reload his bolt-action sheriff, who is obviously familiar with
rifle. Benke realized his tragic school shootings, hailed Benke
opportunity and charged as a “hero”. Benke, who is the father
at the gunman, tackling of 7-year-old twins and a 13-year-
him to the ground. old girl, fought back tears and was
Another teacher jumped thankful he was able to help out.
in as a third teacher 57-year-old Math teacher, David Benke, hailed Benke was teaching at a
pulled the gun out of the a “Hero” after tackling a gunman at his Middle nearby school when the Columbine
shooter’s reach. A pair of School. school shooting occurred. Over the
bus drivers hustled to the years, Benke has discussed a plan of
scene and helped Benke hold down incident. However, the gunman’s action with his students in case such
the man. Someone else entered father said that his son “heard a tragic incident was to happen again.
the scene with plastic “zip” ties and voices” and struggled financially. He would tell his students, “I just
shackled the gunman’s ankles. He is believed to have a history of hope that I would have the courage”
The gunman, named Bruco mental issues. Additionally, the to do something.
Strongeagle Eastwood, shot several gunman has an arrest record dating We can all take an important
students. Fortunately, no students back to 1996, including incidents life lesson from Mr. Benke’s heroic
have died as a result of the gunshot where he was accused of assault, story. When faced with a similar
wounds, but one remains hospitalized domestic violence, driving under the life-threatening situation, if given the
in critical condition. Apparently, infl uence, and threatening another opportunity to save the lives of so
the gunman was a student at Deer person with a weapon. many others, I encourage you to do
Creek Middle School in 1992. The Investigators said the one thing: be a hero.
gunman has given no reason for the gunman visited the school earlier in
The Pillar, February 24, 2010
ENTERTAINMENT
Crossword
Eli Luna, Staff Writer
Across
3. verb. Abate; abrogate.
4. verb. Annul; abjure.
7. noun. Abettor;
accomplice.
9. verb. Carry away.
11. noun. Desertion.
14. verb. Extinguish.
16. noun. Abandonment.
18. verb. Concede; abide
by.
19. noun. Accessory;
accomplice.
20. verb. Accept;
acknowledge.
21
Mock Trial: Prison Visit
Date: Tuesday March 9, 2010
Time: Tour – 9 a.m. to 11 a.m
Lecture – 12 p.m. to 1 p.m.
Mock Trial will be venturing out to Ionia to visit one of their
maximum security facilities. After there will be a lecture where
Professor Bretz will inform us of the sentencing guidelines and a
second speaker will tell us about scoring.
This event is limited to 40 people and it is a first come first
serve basis. In order to attend you must fill out a LEIN form and
read the appropriate attire document. Both of these can be found
in the office (CC305) or on the website under the events and
community service tab on the social event page.
Down
1. verb. Avoid; bolt,
depart.
2. noun. Abstainment;
abstemiousness.
4. verb. Acquire, be
derived, become due,
become enforceable.
5. verb. Acquit; adjudge
innocent.
6. verb. Amass;
agglomerate; aggregate.
8. verb. Physically leave.
10. noun. Arrest;
cessation.
12. verb. Abandonment.
13. noun. Address;
domicile.
15. noun. Ableness.
16. verb. Adjoin; attach,
be adjacent to.
17. noun. Nonattendance.
22 The Pillar, February 24, 2010

COMMUNITY NEWS

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The Pillar, February 24, 2010 23

COMMUNITY NEWS
24 The Pillar, February 24, 2010