By Columnist:  Caitlin Broo

Hello, allow me to introduce myself; I am the confused person walking with one heavy backpack. I am the scrambling person trying to make it Professor Lind’s class on time and yes, I am terrified of being late. I try and look like I know what I am doing but I really don’t. I don’t get the Long-Arm Statue test. I don’t know how to phrase a holding in my case brief. Sometimes, I don’t get what I am doing here and I am paranoid about being called on. Mostly, I am just your average, typical, confused, and fabulous 1L.

Here, I have decided to chronicle my first year misadventure. What does this mean? It means that this lovely column is a confession booth. It is where I hope I can articulate my feelings, and maybe your feelings as well, about this whole process called law school. And if I have a lot of one thing right now, it is these jumbled up emotions.

After nearly two full weeks of class, I have only one major thought: if this was how anyone imagined law school, then I think they have a fudged up imagination. When I decided to take the plunge and become a lawyer, I had some thoughts about what it would be like. I pictured something a little closer to my undergraduate experiences. But this, this is madness.

Classes were a major surprise. I have never been in a setting where there is not always an answer. The “what if” is beginning to make my head spin. Don’t even get me started on Contracts. If I had a clue in this class, then I would probably have one clue. Damage, breaches, restitution formulas, the UCC… Arrrrg! There is so much and it seems too little time in the day. Needless to say, I am still waiting for my “ah ha” moment in Contracts. Two weeks into the semester, I am beginning to worry.

Sometimes, I lie awake with the never-ending guilt that I went to bed too early and left too much undone. Currently, I am tied up in knots about writing an outline. I don’t even know where to start. When do I need to do it? Where do I need do it?  How do I make one? Most importantly, what is an outline? My fellow 1Ls, if you know, than either you’re a liar or you have a lawyer in the family. But, I hold out hope these mythical study tools will reveal themselves in a golden glow or at least through the kindness of 2L or 3L.

So, I am overwhelmed and wondering what I got myself into. Do I belong here? I think it is safe to say, I think I do and I hope the rest of my fellow 1Ls feel the same about themselves. But do I miss my old life? Maybe a little, at least I never had to think about things like when is it ok to breach a contract or whether I can sue a New York company for my car exploding in Oklahoma.

But, I can safely say that it hasn’t all been highlighters and laptops at VU Law thus far. I’ve made a friend or two and discovered a few gems of the Valparaiso Community. Like the Blackbird Café, they have one heck of a sandwich.

Currently the most elusive thing about law school? The study group. I need one, preferably in Contracts.

Until Next time,

Kate.

By:  Dean Conison

From the Dean—National Standards for Law Schools

The Valparaiso University School of Law is accredited by the American Bar Association.  As an accredited school, we must comply with the ABA Standards for Approval (http://www.abanet.org/legaled/standards/standards.html).  These Standards deal with fundamental subjects important to ensure law school quality, including faculty, library, financial resources, curriculum, and facilities.  The Standards are currently undergoing a comprehensive review and there are likely to be changes adopted within the next two years.  I wish to describe some of the changes that are being considered, but before doing so, I will first explain how law school accreditation is overseen.

The Section of Legal Education and Admissions to the Bar is the part of the ABA with authority over accreditation.  That authority comes from the United States Department of Education and legally it must reside in the Section, not the ABA as a whole.  The governing body of the Section is the Council, and it is the Council that has ultimate authority for promulgating accreditation criteria.  Another committee, the Standards Review Committee, is charged with drafting and proposing Standards for Council consideration.  A third committee, the Accreditation Committee, is responsible for enforcing the Standards and does this by, among other things, evaluating each law school every seven years.  (I am currently the Chair of this committee.)  We were last evaluated in 2006 and came through the process very well.

At this time, the Standards Review Committee is considering drafts of possible changes in the Standards.  This review process is very transparent, meetings are open, and you can see the various drafts of proposed changes at http://www.abanet.org/legaled/committees/comstandards.html.

One set of possible changes under consideration deal with curriculum. The centerpiece of these revisions would require that:  ”A law school shall identify, define, and disseminate each of the learning outcomes it seeks for its graduating students and for its program of legal education… The learning outcomes shall include competency as an entry-level practitioner…”

And that:  ”A law school shall offer a curriculum that is designed to produce graduates who have attained competency in the learning outcomes identified [above].”

These revisions would involve a shift in the curricular requirements for law schools.  They would move the Standards from emphasizing specific subjects or types of subjects that must be taught to requiring outcomes—competencies that the program of education must be designed to develop.  It is too early to say whether these changes will be adopted or precisely what impact they would have on curriculum.

Another set of proposed changes relate to consumer information.  There is a strong view among the ABA committees which oversee accreditation that students and prospective students should be provided with full and accurate information to allow them to make the best decisions possible about what law school to attend (or whether to attend law school at all).  Specific proposals have not yet been put forward, although they should be soon.  It is widely agreed that the Standards should give more attention to information law schools provide students.

Yet another set of possible changes relate to law school admissions.  One of the most interesting proposals would eliminate the requirement that every applicant to law school take an admissions test.  If this change is adopted then, although a law school could require applicants to take the LSAT, it would not have to do so.  The rationales for this proposed change are that the LSAT is not necessary for schools being able to assess the likelihood of an applicant’s succeeding in the program; that the LSAT has an adverse impact on law school diversity; and that the LSAT is widely misused.

There are many other proposals under consideration.  They are motivated by the goals of ensuring that law schools provide a sound program of legal education; they continue to have the flexibility to adapt to changes in the legal profession, the legal environment, and the economy; and that students and prospective students are properly and fairly served.  I hope you will continue to follow developments, as the various proposals are refined and debated, and as some of them are adopted and implemented.

By Dean Mary Persyn

News from the Library

Best wishes for a productive academic year!

Following are several pieces of information that you might find of interest.

1)  We have changed the Law Library policy on food.  We are allowing food in the Library.  In exchange, we ask you to PLEASE let us know if something spills, so that it can be cleaned up as soon as possible.   We still request that you have your drinks in sturdy closed containers – cans, bottles, cups with lids – in order to limit the amount of spillage.

Please also clean up after yourselves.  Use the waste baskets for your trash.  I have requested recycling containers and larger trash cans for the Library, but we are still waiting on their arrival.

2)  If you haven’t met our newest librarian, Sarah Glassmeyer, yet, stop by her office in Room 262 and say hello.  You can also contact her via email sarah.glassmeyer@valpo.edu, Twitter, LinkedIn, or other social media.  All her contact information is on the wall outside her office door and on her website.

3)  We have added two major legal information databases to the Law Library.  The first is from the Bureau of National Affairs and the second from Commerce Clearing House.

a)  The Bureau of National Affairs (BNA) database contains all of the 104 titles published by BNA.  The subjects include professional responsibility, health care, banking, tax, family law, chemical regulations, and the Supreme Court as just a small sample.  In addition to reading full text of these publications on line, you can sign up for daily or weekly electronic headlines or alerts.  The frequency depends on how often the title is published.  For example, Family Law Reporter is issued weekly, but Daily Report for Executives comes out daily.

You might be particularly interested in signing up for Supreme Court Today which keeps you up-to-date on the happenings at the U.S. Supreme Court.

To see the list of BNA publications, research particular topics, or sign up for e-newsletters, go to http://www.valpo.edu/law/library/bna.php.

b)  The other new subscription is Intelliconnect from Commerce Clearing House, which is a database of federal and state tax materials.  Its coverage is broader than what is available on Lexis or Westlaw.  Currently, you need a password to access Intelliconnect.  If you are interested in searching this product, contact one of the librarians for a password.

Please feel free to contact one of the librarians if you have questions.  You can find our contact information at http://www.valpo.edu/law/library/info/directory.php.

By Columnist:  Jessica Fabiszak

Pearls are considered to be the natural treasures of our world. Tiny, luminous and rare assets resembling the best of what is hidden from the world. What is even better is that the pearls of our lives are waiting to be discovered. Pearls have fascinated me because who would have ever believed that something so radiant could be created by something with such a rough outer shell like an oyster? Looking around, I have found that many aspects of life can be described similar to that little pearl in the oyster shell. As students and professionals in the law, it is important for each of us to realize that what appears on the outside may not even compare to what is waiting to be discovered on the inside.

Pearls and politics are two gems of our earth both signifying the essence of law in our society. Politics often it represented as the outer layer of our embodiment of law. Many criticize it. Many refuse to take a stand in regard to it. And many wish that the whole realm of it would just go away. Like a pearl though, politics is an everlasting fortune that cannot be destroyed too easily. The political shell waiting to be cracked open is questioned by those of us with or pursuing a background in law. To crack the barrier outside, we can enrapture the potential beauty of the pearl within. Hidden pearls of politics will mean different things to different people and each month will be dedicated to the newly discovered current pearl in our world of politics.

As for now, politicians are counting the days until the big elections in November. The duty bestowed upon each of us is to crack our hesitant hearts of resisting involvement and search for the rare pearl that can make a difference in the political world. Pearls are not necessarily only the ones worn around the necks of politician’s wives or on female political figures. An absentee ballot is the first pearl to be discovered. These next few months, Americans around the country will be diving into the sea of politics searching for that rare pearl who will be the one they can count upon to focus on their needs as constituents. For those of us interested in the law and those of us already in the world of law, it is our task to help crack the shelled image of the shelled image of the dirty world of politics to uncover where the remarkable pearls rest. Not having time to vote is no longer an issue. Check out http://www.sec.state.ma.us/ele/eleifv/howabs.htm to find out more information on the pearl of this month’s article, absentee ballots. Take advantage of the natural treasure of your world, go out and vote.

By Columnist:  Weston Bohall

It is commonly said that “the Lord works in mysterious ways,” and this concept is no different when looking at how the Internal Revenue Code (IRC) treats clergy.  In fact, VU Law professors may exclude the fair market value of their rental expense from their gross income so long as they become ministers of the Lutheran faith. This is truly a great opportunity for promoters of tax shelters, since few promoters can boast both substantial tax savings as well as the promise of everlasting life.

Most people learn about IRC § 119 when they take Federal Income Taxation. This provision codifies the case of Bengala v. Commissioner, and states that amounts provided by an employer to an employee for housing located “on the premises of the employer” for “the convenience of the employer” are excluded from gross income. The rationale behind this section is clear, if one’s job requires her to be on the business premises of her employer for an extended period of time the employee does not have a choice and should not be taxed.

What most people do not know is that there is a similar provision in the Code that exempts the fair market rental value of a home if one is a “duly ordained, commissioned, or licensed” to be a minister performing services “in exercise of his ministry.”Put simply, clergy may receive nontaxable housing allowances.   Knowing this, one would have to ask, could one receive these same benefits if she worked at VU as a law professor but also happened to be an ordained Lutheran minister?

Retired IRS attorney, Michael L. Gompertz, states that so long as the college or university can be considered an “integral agency” of the religious institution, any person holding themselves out as a minister will be able to acquire these tax benefits even if their work is primarily secular in nature. For instance, “Math teachers and basketball coaches at these favored colleges receive tax benefits simply because they happen to be ministers.”

Not everyone agrees with this.  In Flowers v. United States, the Northern District of Texas held that Texas Christian University (TCU) was not an integral agency of the Christian Church, because the Christian Church cannot force TCU to act on the church’s behalf.  Many agree with this court’s result, but the Service directly opposes it.  In Rev. Rul. 70-549, a college is considered an “integral agency” of a church for tax purposes even if the church cannot force the religious college to act on its behalf.  Given the fact that the IRS in its revenue ruling basically stated that it would not enforce the provisions of the “integral agency” test in the restrictive manner applied by the Eastern District of Texas, the Flowers opinion is largely disregarded.

The most successful attack on this section of the Code was when IRS argued that Reverend Richard Warren was liable for amounts he excluded from gross income under §107(2) that exceeded the fair rental value of his home.  Professor Erwin Chemerinsky attempted to intervene as a party to challenge the constitutionality of this Code provision, but as “a taxpayer with only generalized interests” the court found that he lacked standing under Flast v. Cohen. The Court also never had the opportunity to rule on the constitutionality of § 107, because Congress passed the Clergy Housing Allowance Clarification Act of 2002 before the culmination of the trial which made housing allowances taxable to clergy if they exceeded the fair rental value of the residence.

As a result, IRC § 107 still remains in place today, and is available to any person looking for a tax break.  This just goes to prove that the Almighty still looks after the tax preferences of his messengers.  How else could such a provision exist when it is clearly a violation of the establishment clause because it provides clergy with special tax benefits, is an impermissible accommodation of religion, and creates excessive entanglement between religion and government?

Welcome to another year of law school!  The summer proved to be a very busy one for the members of the Valparaiso University Law Review.  Under the leadership of Editor-in-Chief Josh Reece, the Law Review’s group of editors worked tirelessly over the past several months to admit a new class of Notewriters into the Law Review.

Each individual participated in the annual case comment competition following their May final exams.  The Notewriters had only three weeks to thoroughly research and write a twelve-page comment on a recent Supreme Court decision.  The editors of the Law Review evaluated each submission and, through a combination of their writing scores and grades, the top submissions have been selected to participate in the review.  Additionally, congratulations to Arie Lipinski who received the highest score on his case comment.

The Notewriters, after deciding upon topics, are in the process of writing their Notes.  Since the new members will write on their chosen topics for the next seven months, the selection of their specific areas of law was an intimidating one.  However, these individuals have dedicated themselves to the Law Review and we congratulate them on their success and commitment to the school.

The Law Review is publishing four issues this year, and we are currently in the process of preparing Issues One and Two for publication.  In addition to articles submitted by outside authors and professionals, the Volume 45 issues will include Notes by the following Law Review members: David Marusarz, Josh Reece, Candy Kilpinen, Billy Horvath, Leah Provost, Erica Hoodhood, Gabriela Brizuela, Brian Borchert, Ross Brennan, Nicholas Cronauer, Joey Hoflander, Nick Hood, Brittany Smith, and Bradley Turflinger.  Congratulations to these diligent writers for achieving the publishable standard!

If you have any questions about the Law Review or if you want to learn more about the organization, feel free to stop by the Law Review office or contact Erica Hoodhood at Erica.Hoodhood@gmail.com.

Congratulations!  Volume 45 – Law Review Notewriters

Michelle Alyea, Brenda Ambrosius, David Bogaerts, Melissa Croom, Nicole Cudiamat, Cheryl Evans, Mark Frantz, Benjamin Geelan, Paul Gehm, Dylan Grady, Sonny Hodgin, Jamie Kauther, Dustin Klein, Jessica Levitt, Arie Lipinski, Shea Maliszewski, Matthew Passalacqua, Katie Patrick, Alex Planeto, Ryan Powers, Jonathan Sichtermann, Preston Sisler, Travis Stegemoller, and Anne Zygadlo.

By Tim Billick (1L)

Staff Reporter

Students from a myriad of different cultures and nationalities filled the Harre Ballroom to help celebrate the twenty fifth day of Ramadan with the Muslim Student Alliance (MSA).  The student group provided delicious food and an open forum for any and all questions relating to Islam.

Opening remarks were made by the officers of MSA. Waseem Mateen (3L) acts as the group’s treasurer and explained what Ramadan means to him in the form of a familiar acronym, VALPO, which stands for Vigilance, Abstinence, Love, Patience, and Observance. For Mateen, these components must be present for the fruitful celebration of Ramadan.

Answering the questions posed by the crowd was Faisal Kutty, assistant professor of law at Valpo. Kutty serves as the advisor for MSA and teaches Comparative Law, Islamic Law, and International Law among many other classes.  Kutty began his speech with an Islamic blessing, promptly followed by an explanation: “Bismillahi Rahamani Raheem.  In the name of God, the most merciful, the most compassionate.  I figured I should translate that quickly so people didn’t think I was going to blow up or something.”  This cleared the air of any tension that would have been present that evening.  He made certain that no one in the room felt uncomfortable about asking any question at all about Islam or Islamic Law.  Kutty’s depth to his answers prevented him from addressing the volume of questions he received, but it was a necessary tradeoff, given the format of the evening.  He expressed his frustration with the fact that the entire nation of Islam will always have to answer for the radical acts committed by the overwhelming minority of Muslims on “the fringe” of Islam.

The Sunnah, the sayings and the living habits of the prophet Muhammed, and the Qur’an partially make up the Shari’a, which is essentially the law of Islam. But according to Kutty, the majority of Islamic Law comes from secondary sources, and is therefore open to very dynamic and flexible interpretation.  With nearly every question received, he clarified that the Qur’an is not to blame for the horrific acts of some Islamic states.  There isn’t even anything written in the Qur’an promoting the use of an Islamic form of government, according to Kutty.  “There’s a quote in the Qur’an that essentially says, ‘I made you into nations and tribes to know one another, not to despise one another,’” Kutty said.  Unfortunately, what we know about Islam is fed to us by what the media reports on violence in the Middle East.  Kutty cautioned against believing reports on Islamic violence, for those are the acts of states who misinterpret the Qur’an and Islamic Law, not the acts from the Qur’an itself.

For more information on Faisal Kutty’s works and essays, consult his blog at www.faisalkutty.com or his faculty profile on www.valpo.edu/law/faculty/fkutty.  For more information on joining MSA, talk to Professor Kutty or MSA website at www.valpo.edu/student/msa/about.html.

For any comments or concerns about this article, email Tim Billick at Tim.Billick@valpo.edu

By Michael Barnett, Amy Hyndman, & Rich Mitchell

During the first week back to school, our classes were temporarily interrupted by our attendance at Lavender Law.  Lavender Law is a conference organized by the National Lesbian, Gay, Bisexual and Transgender Bar Association (NLGBT), an affiliate of the American Bar Association.  The annual conference celebrates diversity in the law.

The conference was held August 26-28, 2010, at the Loews Miami Beach Hotel and Conference Center.  Thursday, the first day of the conference, was a career fair.  Here, law students could sit with employers and discuss possible employment opportunities with companies that specifically seek out LGBT law students for employment.  Firms, large and small, spoke with the hundreds of law students in attendance at the conference, discussed the various opportunities available within their firms, and described the benefits of working for an openly welcoming firm that actively seeks of LGBT employees.

The second day of the conference was loaded with workshops and sessions on a variety of topics.  For example, the morning sessions featured “Don’t Ask, Don’t Tell and the Transition to Repeal,” “LGBT Pro Bono at the Highest Echelons of Private Practice,” “Intellectual Property Basics and Hot Topics,” and “Policing, Prosecution and Punishment of LGBT People.”  A wide range of opportunities were readily available.  After lunch sessions included, “Social Networks/Social Justice,” “The Legal Profession and the Judiciary,” “Marriage Rules Meet the Family,” and “Preventing Peer and Teacher Harassment of LGBT Students:  Innovative Strategies for lawyers in the Safe School Movement.”

The final day of the conference provided many continued opportunities for meeting other LGBT attorneys and general networking.  Each night of the conference offered a “meet and great” at a local bar sponsored by a different organization or law firm.  All in all, an excellent experience for all of us who attended.

Mike, Amy, and Rich were pleased with the wide array of options to choose from throughout the conference, as well as its exceptional organization.  We attended this conference on behalf of Lambda, Valparaiso’s LGBT student organization.  If there was a disappointment to be had, it was the apparent “intensity” of the competition between law students.  We attributed it to the tight job market, but were expecting better from our LGBT colleagues.  Still, after a cocktail or two, most people relaxed and some new friendships were established.

The three of us would like to take this opportunity to recommend conference attendance to all 1L’s who are just beginning their law school careers.  Get involved with the organizations here on campus and spend some time reviewing the ABA’s available leadership opportunities as well.  You will find financial support for attendance at these conferences, which will not only improve your professional knowledge, but will increase your opportunities to meet others interested in moving the law forward in your particular area of interest.  We also would like to express our thanks to the folks at VUSL who make our attendance possible at these events—including, but not limited to, Joe Baruffi, Ann Weitgenant, and Dean Adams.

The basics of the Federalist Society:  We are an intellectual society geared towards understanding and conserving America’s liberal foundation (life, liberty, property, pursuit of happiness).  We believe in the importance of the separation of powers, which includes the important role states play in checking federal power.  All across the country, the Federalist Society provides a forum for provocative debates by people from across the political spectrum; these debates are nationally esteemed for their serious yet collegial atmosphere, as well as for fostering dialogue between professionals with diverse beliefs.  The Federalist Society is not monolithic and it is not synonymous with, or an arm of, the Republican party, the Tea Party, or any other political party.  The primary goal of the Valparaiso University Chapter of the Federalist Society for the 2010-2011 school year will be to explore the liberal ideas intrinsic to conservative intellectual movements.  The Valparaiso chapter executive board is made up of Bradley Turflinger (president), Luke Krizek (vice president), Ben Ogier (secretary), and David Marusurz (treasurer).

By:  Bradley Turflinger

Valparaiso University School of Law offers great opportunities to study abroad in either South America or Cambridge.  Certainly, both of these opportunities are nothing less than a fantastic way to grow as a lawyer and as a person.  What many students may not know is that there are countless other ABA approved study-abroad programs put on by law schools all over the country in which law students from any school can participate.  Israel, France, Italy, Mexico, Poland, China, and Russia are just a few of the possible locations where students can earn credits towards their law degrees (check out http://www.abanet.org/legaled/studyabroad/foreign.html for a full list of programs).  Last July, I studied in Madrid, Spain through one such program offered by William and Mary Law School.

The potential reasons for choosing to use another school’s study-abroad program are numerous.  Maybe you have family in Germany, or you want to practice your Chinese, or you want to see Venice while it is still around.  From a more professional angle, maybe the program you are interested in offers classes for the area in which you want to practice.  Scheduling conflicts with Valparaiso’s South America program led me to William and Mary.  For ILs who want to be on law review, Valparaiso’s South America trip takes place at the same time as the case-comment competition.  While you can still write your comment in South America, the ability to write a quality comment may be diminished.

Obviously, many classes offered in these programs deal with international law.  The classes I took in Madrid—The E.U. Legal System, European Human Rights Law, and Comparative Civil and Constitutional Law—exemplify the international flavor of classes taken abroad.  The professors in many programs are also exceptional and may be another reason to take a specific program.  My experience offered an advisor to the drafting of the E.U. Constitution, another who advises the Spanish Parliament, and yet another advisor for the Spanish Prime Minister.  In the same vein, programs often offer trips to government institutions.  My program took me to the Spanish Senate and the Spanish Constitutional Court.

Then, of course, there are the food and spirits, music, smells, sights, history, cathedrals-temples-mosques, and proximity to other cities and countries that all coalesce into a unique and life-affirming encounter with the world.  For one month, I regularly had siesta by the pool.  I ate caramelized goat-cheese, onion, and tomato tapas.  I experienced world-class jazz, dive-bar flamenco, and roof-top club music.  On weekends, I went to Retiro Park (Madid’s Central Park) and watched people row boats in front of a gigantic columned monument to a former monarch.  I saw Goya’s “Saturn Eating His Children” and Bosch’s “Garden of Earthly Delights” (along with works by Raphael, Rembrandt, etc.) at the Prado museum, and Picasso’s “Guernica” at the Reina Sophia.  I took a day trip to see Roman Aqueducts and eat roasted suckling pig in Segovia.  Other adventures took me to Toledo (home of “El Greco”) and the century old walled city of Avila (home to St. Teresa).

And what is left after a study-abroad; what is the take-away?  I earned six credits, took hundreds of beautiful pictures and made many friends from law schools all over the country.  I now have a Spanish flag I wore like a cape in an endless sea of red (250,000 people) as I watched Spain win the Word Cup.  I bridged the divide between the intangible and tangible by walking in the formerly abstract (to me) palace from where Isabella and Ferdinand ruled; I have a familiarity (as concrete as a memory can be) with the Royal Palace that fills my mind when I think about Columbus seeking financing for his venture/crusade.  I know in detail just how fascinating the European Union is – it rivals the United States in its idealism, lack of historical precedent, and provocative nature (what is sovereignty?).  More than anything, I am inspired to make certain that this in not a “once in a lifetime” experience; the world is big, people are beautiful and creative in ways that cannot simply be read about, and I will not be content to coast through the rest of my life on the fumes of this past summer.  But, studying abroad is a start – a start this writer encourages all law students to consider.