By:  Derrick Augustus Carter

Professor of Law

                In 2006, there were posters on the walls of the newly formed (New) Orleans Public Defenders’ office about justice and civil rights.  Now, in 2010, those posters are gone, and there is a large Everlast punching Bag and Speed Bag – reflecting the attorney’s frustrations in the pursuit of justice and civil rights.  As John Bayard’s article reflects, there were sixteen Valparaiso University School of Law (VUSL) students working in the Orleans Public Defenders’ office this spring break; four students working in the New Orleans Legal Aid office; and two students working at Juvenile Regional Services, the New Orleans juvenile public defenders’ office.   

                Our trips during spring break started after Hurricane Katrina.   Initially, some of us worked on gutting homes destroyed by the flood.  Soon thereafter, former VUSL student Anne Abrell (then a 1L) approached Professor Carter with a picture of a lone student working in the newly established and beleaguered public defender’s office.  Anne’s mother sent the picture to her.  Prof. Carter is a former public defender from the Michigan Appellate Defender Office.   So, Anne asked Prof. Carter, ‘’shouldn’t we do this?’’ 

                In 2006, a centralized public defenders’ office, Orleans Public Defenders, was created in New Orleans, ending the old contract attorney system.  The office was quite receptive to our approach.  There were only 22 public defenders and 87 prosecutors.  So, Prof. Carter organized a team of 10 students to work during spring break.  The students covered their entire expenses: travel, hotel, food and other incidentals.  

                Since 2006, over 95 students have attended during their law school spring breaks, with about 22 students attending each year.  Each year is different and each year leaves a legacy.  There are both many sad and funny stories.  The students see how the criminal justice system is aligned against the poor; how the criminal justice system is funded by the number of arrests; how people are hit with major sentences just for possessing drug paraphernalia.  The students see how many arrestees can’t make even the smallest bond and wait in jail for 45 to 60 days before their case proceeds.  Ultimately, many of the cases are dismissed for insufficient evidence or faulty evidence.    

                Students have seen inmates crying for help.  Former VUSL student Anthony Nwaneri felt the desperation of one inmate, who clung to Anthony and begged him for help.  Students have seen attentive jail guards and also those guards who could care less.  One guard was going to let a female prisoner defecate in her uniform, until Anne Abrell convincingly advised the guard that it would be in the guard’s best interest to avoid a stinking mess.  Another former student, Brian Bennett, held the head of an inmate as he suffered an epileptic seizure on the jail house floor.  One year, Heather Looby was determined to help an inmate dying from AIDS, who was isolated and without his medication. 

                VUSL students have written and filed wonderful briefs for the attorneys they have worked with on the trips.  Then, they have seen the attorneys win their arguments in court based on new ideas set forth by the students’ careful research and brainstorming with their peers.  Every year, the students attend death penalty trials and hearings.  The students interview the clients, and call the families.  The students meet the famous attorneys in the courthouse hallways during the trials.  The students work late into the night and become involved with the issues the trial attorneys will face for the next day.  Surrounding the Orleans Public Defenders’ office are dilapidated homes and abandoned factories.  The area is immersed in poverty, forlorned people walk the surrounding streets lined with ragged fast-food joints.  Ryan Rowan counted the number of people stopped by the police throughout the city:  every 5 minutes, someone is arrested.     

               Many students gain new friendships with each other on these life-changing trips.  We learn of individual talents:  students who are musicians, poker players, former bartenders, athletes and river dancers.  Last year, the Villanova students left their own group to hang with VUSL students - the Joe Bent effect.  After work, and late into the night, we remain together and have fun.  The laughs are memorable.  The times are precious.  Can you imagine going to a rockin’ city with 22 friends and some professors, working hard for justice, playing hard at night, and springing into action the next morning while waiting for the Love Taco to arrive?

                Some students found it exhilarating to do research in the beautiful library of the Louisiana Supreme Court.  There are monuments to critical cases in our nation’s history in that courthouse:  a monument to Plessy v. Ferguson.  Some students ran errands to the infamous 5^th Circuit Federal Court of Appeals. 

                VUSL students attended death penalty hearings and many hearings concerning prosecutorial misconduct in cases of withholding critical exculpatory evidence leading to wrongful convictions.  The students have seen some good attorneys, mediocre attorneys, and really bad attorneys.  The students discuss issues with the trial attorneys in the offices where they are assigned to work.   The students add to their portfolio. 

                Many professors come on the trip.  Prof. Carter organizes and reviews the each student’s research and writing before it is turned in to the attorneys.  For students working in the Orleans Public Defenders’ office, there is an orientation session led by attorney Benjamin Plener, that would make any legal writing program proud.  Students are introduced and simulated interviews are conducted.  There is much discussion about legal research. 

                Valpo Law Professor Paul Brietzke came twice and concentrated his efforts on the malfunctioning levees built by the Corps of Engineers.  A federal judge recently held that the Corps of Engineers is liable for their negligence.  Prof. Carter and Prof. Brietzke interviewed Chief Judge Hunter and news reporters for the New Orleans’ daily newspaper, The Times-Picayune (at a discreet, late party).

                VUSL always comes prepared.  Criminal Procedure students conduct creative and solid research within 24 hours, and then go to the next assignment.  Other law schools send students, but the students have little idea of what they are doing.  The trial attorneys have little time to explain the issues.  Our specialty brings experienced students to the table.  Prospective employers love to talk to students about their experiences in New Orleans. 

                A few years ago, Prof. Carter added a legal aid component where some 1L students could work in the New Orleans Legal Aid office.  This year, Prof. Alan White worked with the trial attorneys on foreclosure issues.  He addressed some of the faculty at Tulane Law School on similar issues.   Also, this year, Prof. Geneva Brown added a juvenile defender component, and two 3L students worked with her in that office. 

                We wish to thank Dean Conison, Associate Dean Mark Adams, and Ann Weigenant for substantial financial help this year.  Because of this help, many poor law students were able to attend this important program. 

                Students should know that the Orleans Public Defenders’ office and New Orleans Legal Aid office is hiring for the summer.  Last summer, VUSL student Korin Knutson worked in the Legal Aid Office. 

                The Orleans Public Defenders’ Office and the courthouse are about 3 miles from the French Quarter and this year we moved around in a beautiful, big, black, federal-lookin’ Chevy Tahoe, like the Secret Service.  Students crammed in the three rows, so we started calling it “the Love Tahoe.”  Of course, in the back, they couldn’t quite hear, and thought we said “the Love Taco.”  Just as fitting. 

                Many gorgeous memories:  The strange woman who fell in love with Joe D’Onofrio’s eyebrows (now, it’s impossible to ignore Joe’s eyebrows); Tony Howard’s muscles and deep laugh, including his sudden urges to hit the heavy bag in our research office and scare the living daylights out of every one – he hits like George Foreman; Melissa Macchia, who now knows what crimes against nature are – hint, it’s not littering; Sal’s Place bar across the street from the defenders’ office - dumpy on the outside, but shiny, big screen TVs and a nice pool table on the inside; the old cemetery – what better place to take a nap; the restaurants; the night clubs; the Hornets’ game; the casino – Shauna Lange’s skills at fast-track roulette; Praline, the amazing soul food restaurant we ate at; visiting the 9^th ward; and the play at the end of the week:  ‘’Ameriville,’’ a hip-hop jazz play about Hurrucane Katrina and current issues, and discussion with the cast after the play. 

                We have kept a brief bank of our legal issues filed with the attorneys.  And some students have written articles on New Orleans. 

                The following students attended this year’s trip and worked at the Orleans Public Defenders’ office at 2601 Tulane Avenue: Ryan Rowan, Tony Howard, Elizabeth Plank, Melissa Wartak, Melissa Macchia; Joe D’Onofrio, Waseem Mateen, Tim Scheiderer, Sonny Hodgin, Shauna Lange, Nicole Goheen, John Bayard, Colleen Price, Amanda Hires, Amale Booth. 

                Four students worked in the New Orleans Legal Aid office at 1010 Common Street:  Cristal Cabrera, Elizabeth Hollingsworth, Terri Quartucci, and Monica Jones.  Two students worked at Juvenile Regional Services, the juvenile defenders’ office on St. Charles Street: Heather Looby and Breanne Bucher.  

                All – Criminal Justice Warriors!    

Professor Carter can be reached at Derrick.Carter@valpo.edu.

The 1L Chronicles: May Edition

By Dan D. Hallberg

Managing Editor

I remember when I was in high school thinking as I entered my sophomore year, “Wow, there is no better feeling then not being a freshman anymore.” Well I was wrong, because I am quite sure that there is no better feeling in the world then not being a 1L anymore.

If I remember correctly from orientation, there were a lot of copies of The Forum lying around and to kill the time many of us read through them several times. Well, I hope some of you incoming 1Ls are reading this column now because this column is for you. In fact this column could even be yours next year. I mean, I can’t write it, so someone has to. So here you go, a little advice for you just cutting your teeth in the law school world from someone who just finished the year.

Words of Wisdom for the Valpo Law School Class of 2013

1.  Don’t hoard books.

This won’t make any sense to you right now, but in a week or so you’ll have your first legal research assignment. First off, I’m sorry. Second off, if you need a book, don’t take it to your desk; just write down the answer or the info you need in a notebook or something in the stacks where you found it. If you don’t, everyone will hate you.

2. Make outlines, don’t collect them.

The whole reason you do outlines is so that you review the material as you write them. There’s nothing wrong with having a few others to compare with, or even well organized one from someone else for use on open book exams. However, you don’t need to start up a collection of them, there is such a thing as too much information.

3. Don’t be late to Civ Pro.

If you have Prof Lind she will kick you out. No joke. Other than that, she is a delightful person.

4. Don’t worry about grade normalization.

I know a lot of you have been getting A’s for the better part of your scholastic career. What you’re going to find out is that that’s not going to be the case here. We have a thing called grade normalization going on here and it kind of works like a bell curve. Other law schools will have a curve or something like that, but a grade system like this is not that uncommon. You won’t ever understand it, it won’t affect your grade too much, and you have have absolutely no control over it, so don’t worry about it.

5. Everyone’s first writing grade sucks, just take a deep breath and deal with it.

You’ll be getting your first writing assignment soon, and you’re going to work very hard on it. You’ll put in tons of effort and try to work in things you learned from writing in undergrad and think that you did a good job adjusting to the new writing system that we use in law school. Then, about a month later when your prof finally grades it, you’ll see that your paper is hemorrhaging pen ink. Don’t be discouraged, it happened to all of us, and we’re still here. Also, don’t forget the honor code, that’s 10 points right there.

So that’s it guys, for those of you leaving good luck getting jobs, and for those of you coming in, heed my words. Trust me, they’ll do you a lot of good.

Dan is a 1L and can be reached at forum@valpo.edu.

By:  John Bayard

Staff Writer

This month I met with Professor Vandercoy and discussed many aspects of his law career and life.

John: So Professor Vandercoy why did you decide to give up your flourishing career as a folk singer and become a law professor?
Professor Vandercoy: I found it was easier to lip sync to a class of law students than to sing real music in front of a live audience. I also heard that you get higher admission prices with law students than concert attendees. It was a natural move since most of songs are about legal ethics anyway.

John: While you were here at Valparaiso University School of Law, you created a new sport involving Law Students. Can you tell our readers more about it?
Professor Vandercoy: While I actually created two sports. The first involves not placing enough seats in the law library and than watching as students struggle to find a place to sit. The second is actually a running bet between the faculty in which I place answers to exams in several of the tort books in the law library and see how long it takes for students to find them. As of this date, no students have even opened those books.

John: Can you describe the time you managed to take down a 500 lb Grizzly Bear using only the rules of evidence?
Professor Vandercoy: What a fun time that was. First I confined the bear with hearsay evidence rules and then smothered him with the new pocket part of Title 16 of the United States Code. However I realized that the statute I was smothering the bear with was a new subsection of 16 U.S.C. §1538 which prohibits smothering of Grizzly Bears with the United States Code. Fortunately enough for myself I was walking my man-eating shark at the time (I was a bio-engineer before becoming a great folk singing legend and had been able to engineer a shark that can breath out of water) and the shark fought off the bear for me. Congress is currently amending the statute to prohibit law professors from bio-engineering man-eating sharks. What’s next, prohibiting law students from bio-engineering man-eating sharks?

John: What do you feel is the best teaching method? Teaching students while scuba-diving or while sky-diving?
Professor Vandercoy: Personally, I prefer scuba-diving. The oxygen rich breathing suits really help the students focus more. Further, they are more incline to answer questions quickly when surrounded by my bio-engineered man-eating sharks.

I like to give my thanks again to Professor Vandercoy for agreeing to have this interview.

John Bayard is a 2L and can be reached at forum@valpo.edu

By Mike Wild, Gripe Columnist

That’s right Sweet Valpo High. Nothing’s grinding my gears lately. The entire world is sunshine and rainbows with candy and sprinkles on top. Even though under Comrade Obama’s new health care overhaul, candy and sprinkles are now illegal.

Seriously, nothing’s upsetting me lately. Jersey Shore is on hiatus, meaning that I don’t have to see those buffoons embarrass states that touch the Atlantic Ocean. Heritage Hall is no longer a hole in the ground, even if it isn’t actually historic anymore, it’s not a hole in the ground either. I know where to find Northwest Indiana’s best burgers. People who drive token luxury cars that they didn’t pay for aren’t parking across three spaces. I don’t study in the library anymore, so I don’t have to watch the 1Ls running around like headless chickens panicking about Legal Research assignments. The Bills overhauled their coaching staff with plans to put talented players on the offensive line. Most importantly, the only remaining Super Bowl commercials that I still see on TV are beer commercials. Things must be looking up.

April Fools. You think I’d get a gripe column if I was always happy? Yeah right. I’ll be back next month with an actual gripe.

Mike is a 3L and can be reached at forum@Valpo.edu.

New Year, New Perspective on Clients and “Interruptions”

By:  Rich Mitchell

Staff Writer

I always love starting a new year—all the opportunities for resolutions to “fill in the blank.”  We hear that many of the resolutions go by the wayside by March, if not sooner.  The new year has provided me with a new perspective on, of all things, “being” a lawyer.  I share it with the hope that others might seek out the opportunities available to experience what it could mean to “be a lawyer.”

With finals over on December 18, I had the opportunity to return to the small, one lawyer  firm that I work for one day per week during the school year.  During the week preceding the start of the spring semester of law school, I worked almost every day of the week, all day.  I was trying to complete about a dozen Section 341 files (required to be sent to bankruptcy trustees prior to their Section 341 meetings with creditors).  Being in the office all day, I saw how unpredictable the office really is.  I felt as if I couldn’t get anything done.  The phone rings all day long.  Clients come in with various problems and concerns, interrupting my train of thought.  I just could not make headway on the files, which have to be accurate and complete, or the trustee continues the 341 hearing, delaying the client’s discharge or plan confirmation.

By Friday, however, I realized that I had been concerned about paperwork, and had lost perspective on the really important stuff that had gone on during the week.  At lunch on Friday, the office staff and I started talking about what we had done during the week.  We had all engaged in trying to find the time to work on our files, motions, and memos and were frustrated with our inability to complete them as quickly as we knew we could do without all the “interruptions.”  But we had also done other things.  For example, we had reassured new clients, who had called in droves, to consult with the attorney about bankruptcy and/or divorce (or sometimes both).  You could sense the clients relaxing, simply by being encouraged by us that they had made the right decision to call the office, and get their questions answered.  People often call us in times of great distress, and as attorneys, it is a great gift to be able to reduce their stress simply through a smile, a handshake, or an encouraging word on the phone.

We had a boyfriend/girlfriend come into the office.  The boyfriend had been through four attorneys and had gotten nowhere with his soon-to-be ex-wife, who was threatening to take one of their five children and move to Alabama.  Within a few hours of consulting with the attorney, a police report had been filed and a restraining order drafted, prohibiting the ex from taking the child out of the state.  They were thrilled to write the check to the attorney to take on the concern.  As it turned out, the ex had also decided to not make payments on their family home, and it had entered the foreclosure process without his knowledge.  A few calls, an appearance filed in Lake County Circuit on the client’s behalf, and the process was halted.  Talk about helping to reduce the man’s stress.

We had a Hispanic gentleman come in on Wednesday whose house was to be sold at sheriff’s sale on Friday.  On Thursday, the bankruptcy was electronically filed in federal court.  We faxed the case number to the sheriff’s office and on Friday, while houses were sold at the sale, our client’s house was not among them.  Again, we not only reduced the man’s stress, we saved his family’s home, at least for now.

And my favorite story of the week was hearing from two of our clients that their two cars had been repossessed on Thursday night.  The attorney dropped everything, e-filed their Chapter 13, and then had me contact the creditors.  I was amazed that within three hours of filing the Chapter 13, I had one of their cars on a flat bed being delivered to their driveway; the other will be delivered on Monday.

We are becoming lawyers.  After this week, that means something qualitatively different to me.  I quoted Dean Curt Cichowski in another article where he said something to the effect of “that’s what this lawyering thing is all about,” in talking about the importance of the law clinic.  I get it now—this “lawyering thing.”  It is not about paperwork.  While that’s important to get done eventually, the “interruptions” are the essence of why we become lawyers.  We change peoples’ lives.  We are counselors, not only in the legal sense of that word, but actually very much in the psychological sense of it as well.  We reduce stress.  We solve problems for people.  And I can’t describe how good it felt to be a part of all that.  I could feel the gratitude from these clients.  I could sense them relaxing.  And when I called to let the client know his car was on its way back to his driveway, and he said, “Thank you for all your help getting this done today,” I knew that I didn’t care that the 341 files weren’t completed.  That’s for Saturday now.

As we start back with a new semester in a new year, I’m going to approach it with renewed enthusiasm for the work we do here in anticipation of the work we’ll do “out there,” where this “lawyering thing” becomes very real and very human.

Rich is a 2L and can be reached at forum@valpo.edu.

By: Christy Commers

Columnist

For this issue, I want to discuss whether police should be able to take a suspect’s DNA with the same ease as they can take a suspect’s fingerprints. The Indiana Supreme Court is deciding this issue in a case where Valparaiso University students were victimized.

Auturo Garcia-Torres, a 36- year-old illegal immigrant, was convicted in Porter County Superior Court in 2008 for rape, two counts of burglary, and attempted rape and was sentenced to thirty-six years in prison. In the summer of 2004, he raped a VU student who had just walked back to her apartment from a friend’s. The victim heard an individual frantically ringing her doorbell. As she opened it slightly, Garcia-Torres pushed his way inside the apartment. The victim struggled with Garcia-Torres before being raped. DNA evidence found on the victim tied Garcia-Torres to the crime.

Less than a year later, Garcia-Torres entered another student’s apartment through an open window and attempted to rape her. The victim screamed as she struggled with her attacker. These screams prompted neighbors to call the police. Garcia-Torres fled the scene once he heard a police officer identify himself. Through the help of Garcia-Torres’ roommate, police were able to identify him. DNA evidence found at the second victim’s apartment, one of Garcia-Torres’ shoes left behind, tied him to the second crime. The police also found Garcia-Torres’ cell phone blocks from the victim’s apartment.

Garcia-Torres was brought to the station for questioning. There he was interviewed by two Valparaiso detectives, one about the 2005 attempted rape and the other about the 2004 rape. During the 2004 rape interview, Garcia-Torres was interviewed and questioned by two separate detectives about the assault and attempted assault, and one detective requested and received consent to collect a DNA sample through a cheek swab. Garcia-Torres also made incriminating statements during the interviews, which were suppressed due to Garcia-Torres not receiving a proper translation of his Miranda rights in Spanish. At the same time, he made a second motion to exclude the DNA evidence collected during the interview, which was denied by the trial court.

In his appeal, Garcia-Torres states that the trial court abused its discretion in admitting the DNA test results obtained during the interview. While he argues that the test should be suppressed on three grounds, I will focus on whether Garcia-Torres’ 4th Amendment right against unreasonable search and seizure was violated.

The Court of Appeals held that “a police officer can stop and detain a suspect if the officer has a ‘reasonable suspicion,’ supported by articulable facts, that criminal activity may be afoot, even if the officer lacks probable cause.” It found that a cheek swab falls under a limited search that only requires a reasonable suspicion and, thus, could be done without a warrant. The Court also noted that a cheek swab is likely less invasive than other types of searches done under the reasonable suspicion standard.

The Court then had to determine whether the officers had reasonable suspicion to obtain the DNA sample from Garcia-Torres. Reasonable suspicion, the Court held, must be determined on a case-by-case basis by analyzing the totality of the circumstances and requires officers to “have more than an inchoate and unparticularized suspicion or hunch, but need not have the level of suspicion necessary for probable cause.” Based on this analysis, the Court found that the officers had more than a reasonable suspicion to obtain a DNA sample from Garcia-Torres. The police found his cell phone near the scene of the attack, a shoe similar to those which he owns was found in the victim’s apartment, and he matched the victim’s general description of her attacker.

And now for the opinion of the Commers Court… I agree with the Court of Appeals that, in this case, obtaining a DNA sample from Garcia-Torres did not require a warrant. The police already had enough evidence tying him to the second crime to get a DNA sample from Garcia-Torres. However, I am unsure if the Court of Appeals would come to the same determination if the other evidence tying the attacker to the crime was not as strong. Suspects should only be required to give a DNA sample when there is sufficient evidence to show they likely committed the crime.

Christy is a 3L and can be reached at christen.commers@valpo.edu.

By:  Christen Commers

Columnist

The Valparaiso University Volunteer Income Tax Assistance (VITA) Program provides tax preparation services to students and low- to moderate-income individuals in our area.  Appointments are still available for those seeking to have their taxes done by an IRS-certified preparer.

To have your taxes prepared, please visit the Valparaiso VITA homepage at http://www.valpo.edu/law/vita or call (219) 465-7900.  Please direct all questions to Valpo.vita@gmail.com.

Attention all Former and Current Criminal Procedure Students….

Please contact Professor Carter if you are interested in working at the New Orleans Public Defender Office over Spring Break from Monday, March 1 through Friday, March 5, 2010.

Details are forthcoming, but please send Professor Carter an email indicating your interest.

Preference will be given to Professor Carter’s “repeat” students. These students will have more time to explore New Orleans and will help with monitoring work.  Of course, all are welcome to come “hang out” with us in NOLA  after working hours.

Professor Derrick Augustus Carter can be reached at Derrick.Carter@valpo.edu.

By:  Robert Elliott, Andrew Erickson, Hunter Noble and Chas Koop

Sports Writers & Columnists

Winter is here and that means one thing.  It’s time to stop running 5.06 mi on 11/16/2009 at 7:15 PM with a pace of 7′18″/mi and start concentrating on packing on those essential pounds necessary to get you through the Valpo winter. 

Since the writers of Barely Legal and Fried Football Report have been preparing themselves for winter cuddling, we’ve decided to work together to pump you up.  Did we say pump you up? We meant plump you up.  That’s a good joke. Trust us.

Here’s some tips on winter survival taken from lessons learned from Mother Nature herself.  And what’s the greatest beast in all of nature? Da Bear(s)! 

It’s important to study the bearhavior of Russian bears since many say that the Russian winters rival those of Valpo.  It’s common knowledge that every Russian family trains their bears in the arts of unicycle riding, small hat and vest wearing, and the sweet science of boxing. However, their staunch adherence to socialism (aka laziness) leaves it unprepared for winter, often making them depend more heavily on a liquid rich diet. Rocky may have existed amongst the Russian winter elements, but this bear has neither the heart of balboa or fear of facing a man with a 10,000 PSI punch.

Now, since the Valparaiso University School of Law is one of the most diverse law schools of all time in the history of Northwest Indiana, it’s only proper to relay the winter survival tips learned from studying winter “bearhavior” across all cultures.  We’ve analyzed the most successful bears since the Mesopotamalithic time era and have pitted them against each other in a Battle Royale of survival that would make even Bear Grylls shed a tear of jealousy. We hope that you can incorporate these bearhaviors into your own Valpo winter survival scheme. But, if that’s too much responsibility for you to handle then simply do what the European bear does and call in the American bear for relief.

Russian Bear

Unlike more self-sufficient bears, European bears generally depend on the kindness of other stronger, more-well prepared bears. Most European bears store their food in purse-like shoulder bags instead of caves or dens. The most fashionable of all the bears, European Bear has set the standard for everything sassy, fashionable and fun during the winter months. While this bear may not win any war without the help of others, this trendy species has created a Pax Romana of sorts amongst both bears and crepe eating Elton John enthusiasts alike.

European Bear

Although often criticized during the off-seasons for his lackadaisical attitude and gluttonous diet, his stocky legs provide him with a stable frame to carry his weight and excel in everything cool and tough. When frightened, the American Bear fights not flights…obvi! Other skill sets include but are not limited to: open paw fishing, frying things, steel working, negotiating union disputes, posing for 15th century Italian art, crew cuts, making Smores, telling scary camp fire stories, being a leader on the internet blogging stage and building national monuments. These skill sets have pushed American Bear to the forefront of all things awesome, patriotic and free.

American Bear

Koala Bear

Panda Bear

Best Bet: If you’re looking to survive NW Indiana you’re definitely going to have to Bear Down. While all of these bears possess unique and desirable characteristics, a bear that appreciates freedom, toughness and the fine arts is your best bet towards braving the cold. 

Winner: Beara Americana (Latin for survivor).

The 3 Stooges Plus Chas are all 2Ls and can be reached at Robert.Elliott@valpo.edu.

As the song goes, “It’s the Most Wonderful Time of the Year.” Is it really? Come to think about it, it is probably one of the least wonderful times of the year. With finals, travel arrangements, gifts to buy, dealing with cold and flu season,  bills, and hearing (or not hearing) back from job prospects, it can be one of the most stressful times of the year.
So the question is, “Should we be happy when faced with all these difficulties?” In my viewpoint, yes.
My mother would always tell me when facing difficulties that life is not fair. It is more than likely that at least once in your life, you will be mistreated, ignored, have you heart broken, and have a dream or two taken away from you.
Wait, I thought this is supposed to be an inspiring article!
Don’t worry, I’m getting to that part.
The struggles and pains of life are important. However, one should be mindful of what a struggle in life really means. Now, not to put down anyone’s accomplishments in law school, but it’s kind of funny when I hear students complaining about some of their “problems.” Comments like “I’m so worried about this reading assignment,” or “I’m having so much trouble writing this Law Review Article” are particularly hilarious. Why might you ask? Because in the end, we choose to come to law school, and we chose to take up this mantle. Above that, you might have also chosen to apply for Law Review, Moot Court, or even run for SBA, so fighting for the prize, and then complaining after you win the prize carries little weight in my mind. Now, this is not saying that awards can’t bring further problems, as in fact they often do. What I am saying is that in the face of everything, many of our so called “problems” are but grains of sand.
We have all achieved much, as evidenced by the fact that we are here in law school now. The fact that we often fail to see is that the big picture often hurts us more then it helps. We get lost in the small details and despite our achievements we seem less well off then when we started. Today’s fast pace and stressful society only increases that problem.
So is there an answer? Is it possible to keep the big picture in mind or keep our spirits up given all the difficulties we face everyday? Yes, but its not an easy one to understand. It requires us to remind ourselves everyday of why we are in law school or anywhere in life’s journey for that matter. We must take all of life’s small things and be able to fit it to our goals. This is not always an easy task, but the pursuit of such goals often define us more than reaching such goals. The real problem one faces in life is if you get to a point and can not fit those pieces into a bigger picture. For these people, they have no goals and the little things in life become truly pointless.

John Bayard
Chaplain, Christian Legal Society

John is a 2L and can be reached at forum@valpo.edu.