This year MLSA continued its tra­dition of providing Thanksgiving bas­kets for underprivileged families in the Valparaiso area. This is MLSA’s largest event of the year, and many of its mem­bers feel that it’s the most meaningful.

The event was hosted the night of November 18th in Tabor, and the baskets were delivered right before the Thanksgiving break on November 21st to the Hilltop Community Center. Dire economic times have hit Northwest Indiana and the Center especially hard this year; currently, it’s averaging two new families in need of assistance a week. In times like these, every little bit of charity helps.

Weeks before the Thanksgiv­ing Basket event took place, however, MLSA and other student groups from Valparaiso University School of Law were already hard at work organiz­ing this event. Through selling pizza at Chapel Break to hungry students in Professor Lind’s Civ Pro class to do­nating money themselves, MLSA and other groups put together the necessary funds to create these baskets and spread some much needed holiday cheer to lo­cal families going through a very tough time.

This year, the baskets contained a wide array of holiday foods. While the baskets were being stuffed, wrapped, and festively decorated, the volunteers placed everything from rolls to stuffing to marshmallows inside of them. In ad­dition to the side dishes, the baskets also contained coupons which the families could use to buy a turkey. Each basket contained everything anyone would need to have a very special Thanksgiv­ing holiday.

When all was said and done, ten huge baskets were ready to be donated. Each basket goes to a different fam­ily once delivered to the Hilltop Center – thanks to the hard work of MLSA and other VUSL groups, ten families got to enjoy a well-deserved Thanksgiving dinner.

David is a 1L and can be reached at Forum@Valpo.edu

1) If you could teach any class you wanted in Law School, what would it be?

A seminar on Law and Language. See, e.g., Roger W. Shuy, Language Crimes: The Use and Abuse of Language Evi¬dence in the Courtroom (Blackwell 1993).

2) What’s your favorite color?

Blue

3) Which actor played the best James Bond?

Sean Connery. By far.

4) If you had to be a professional Pi¬rate or Ninja, which would you be?

Ninja – it’s closer to the martial art that I’ve practiced and taught.

5) Assuming both were in their prime, who do you think would win in a box¬ing match: Abraham Lincoln or Ted¬dy Roosevelt?

Could we get a Democrat, please?

6) Because it’s that time of year, what was the best/coolest/most original Halloween costume you ever wore?

Vampire.

7) You get to play a round of golf with any Supreme Court Justice, past or present, who do you pick?
John Marshall.

You’re granted 1 wish, what do you choose?

The classic — 3 more wishes.

9) Star Trek or Star Wars?

Star Trek.

10) Hypothetically, could God micro¬wave a burrito so hot that he, himself, could not eat it?

God cooks? Do you have any authority for that, counsel?

Griffith was appointed to the D.C. Circuit Court in 2005 by President George W. Bush. Since accepting his commission, Griffith, who received his law degree from the University of Vir­ginia School of Law, has presided over many cases that have made national headlines. In March of 2007, Griffith was a part of the majority decision in District of Columbia v. Heller, which ruled that the District’s strict hand gun law was unconstitutional under the Second Amendment. The decision sub­sequently grabbed headlines when it stated that the Second Amendment pro­tected the individual’s right to bear arms as opposed to the collective right of a state militia. More recently, Griffith ruled against the Bush administration in the case of Huzaifa Parhat, a Chinese Muslim, being held at the Guantanamo Bay detention camp, saying that the evi­dence against him was spurious.

In presenting his speech, Griffith argued Bork’s stance of judicial neutral­ity in which a federal judge, in order to uphold the freedoms of both the major­ity and the individual, must have a firm understanding of the scope of judicial power as defined by the Constitution of the United States. Instead of decid­ing cases that would advance outcomes that he or she believes desirable, a judge must apply the law as it is written. Any­thing less, would be an abuse of power that would make the judiciary a “naked power organ.”

“Sometimes the values chosen by the American people and expressed in law is flat out wrong,” Griffith ex­plained. “Sometimes it is not just, sometimes it is not fair, but is not the role of the judge to correct the faults of the American people.”

Griffith peppered his talk, which lasted for about 40 minutes, with stories of his own experience on the bench, as well as quotes from a plethora of his­torical sources, all of which he tied into the central theme of judicial neutrality. He also at one point he entertained the audience by acting out a scene from Robert Bolt’s play, “A Man for All Sea­sons.”

In concluding his talk, Griffith answered the question that his talk set out to answer. “I believe Judge Bork is right, judges must be neutral. Oth­erwise, the system of democratic gov­ernance fails.”

The talk became contentious during the question and answer ses­sion when numerous professors took Griffith’s speech to task. Griffith with good humor, however, held firm to his opinion.

“The American people have made their value choices and expressed them into law,” he claimed. “My job as a judge is to use all the skill I can mus­ter and apply that value choice to the dispute before me. If I use my own contrary views – what is right, what is wrong, what is just – I undermine the careful law making process of the con­stitution.”

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

McArdle is Professor and Director of Legal Writing at the City University of New York (CUNY). Her speech fo­cused on different writing techniques for professors in the classroom and writing techniques for students to use outside of the classroom.

McArdle explained that although first year writing is rigorous it is the core of professional formation for be­ginning law students. She explained the need to reinforce the deep learning that occurs in the first year and how the le­gal education should draw on a broader range of writing roles.

Some of her various approaches are specifically designed for professors to enhance students’ understanding of the law through writing, but there were also some points for students to take away. She explained that for students, especially in the first year, additional writing may seem impossible but it would be invaluable to a deeper under­standing of the law.

McArdle explained that creative writing seems removed from legal writ­ing but it allows students to step back while reinforcing a beneficial process for learning the law. There were two suggestions for students to try as a new approach to legal writing.

The first was to do legal writing separate from the legal form. Write about legal topics, cases and areas of the law in a free-flowing natural form and not in the form followed by typi­cal cases briefs or memorandums. The second was to use the legal form but not the legal content. McArdle recommend­ed taking the legal form and choosing a topic unrelated to the law.

She explained that by following that particular format students would gain insight and understanding of what legal concepts they were missing or the points they need to strengthen. She had a student who used the legal structure of writing but wrote about a relationship. A topic familiar to that particular stu­dent, but she followed a structure out­side of her usual practice which enabled a deeper understanding of the points to cover in her own legal writing.

McArdle suggested to professors that affording space for this type of writing would be beneficial in learning the law and explained that law schools would do well to allow more pervasive writing in courses.

McArdle has shaped the devel­opment of the writing-intensive cur­riculum as director of the legal writing department at CUNY Law School. Be­fore joining the law school faculty she taught in the Lawyering Program at the NYU School of Law where she guided development of its legal writing curric­ulum. In addition she was coordinator of the NYU Lawyering Theory Work­shop, and developed an interdisciplin­ary faculty workshop series to provide a framework for thinking about how lawyers work.

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

Senator Obama described the anxiety, fear and panic many Americans feel now, but explained that we can overcome the challenges by American resolve. The Senator related why he believes the country will succeed. He stated that Americans have the “funda­mental belief that here in America, our destiny is not written for us, it is written by us. We make the decision about how we’re going to move forward.”

He went on to provide specific de­tails of his education, tax cut and health­care plans. He spoke passionately of his mother’s battle with ovarian cancer and struggles she had with her insurance company.

While Senator Obama spoke to Hoosiers in Indianapolis, his opponent, Senator John McCain, was in Pennsyl­vania speaking to his own supporters.

Referencing the second debate and sticking to one of the campaign’s main talking points, the Senator said, “In last night’s debate, John McCain and I each had the chance to make the case for change – to talk about what we would do differently from the last eight years… But all we heard from Senator McCain was more of the same Bush economics that led us to this point.”

Senator Evan Bayh, once rumored to be a contender for the Democratic Vice Presidential nominee, opened for Senator Obama. Prior to introducing Senator Obama, Bayh announced to a thunderous crowd,”In three and a half months, the Bush administration will be done, gone, finished forever.”

Democratic gubernatorial candi­date Jill Long Thompson also spoke to the large crowd. Long Thompson is running against Republican incumbent, Mitch Daniels. While supporters waved “Ditch Mitch” signs, Long Thompson shouted, “We can’t afford four more years of George Bush, John McCain and Mitch Daniels.”

The state of Indiana has not voted for a Democratic presidential candi­date since Lyndon Johnson in 1964. President Johnson was also the last Democratic Presidential nominee to campaign in the state, forty-four years ago. According to The Star Press, Sena­tor McCain is leading in the state with a three point advantage offi­cially making Indiana a key battleground state. In the lead up to election day, the state has been visited again by Sena­tor Obama, Michelle Obama and Republican Vice-Presidential nomi­nee, Sarah Palin.

The Big Ten Battle­ground Poll has Obama leading McCain in Indi­ana by nine points. Other polls, like the Indiana General Election Poll of Polls, show a tighter race. CNN reports that Obama has spent approxi­mately $11,823,690 advertising in this state.

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

First, the students met to hear three oral arguments before the In­diana Supreme Court re­garding criminal issues: Pendergrass v. State, Gray v. State, and State v. Arnold. The Pendergrass case was the most related to a procedural issue, involving the question of whether the trial court erred in admitting several exhibits related to DNA results without the testimony of the technician who per­formed the testing, or if this admission violated the defendant’s confrontational rights under the Sixth Amendment. The Supreme Court justices will likely rule upon this issue within the next 180 days.

After the hearings, the students had a chance to ask questions of Justice Rucker of the Indiana Supreme Court, Justice Riley of the Indiana Court of Appeals, and Justice Vaidik, also of the Court of Appeals and a Valpo Law alumnus. Several recent Valpo Law alumni are current clerks for the various justices and also answered questions re­garding their positions, including Dino Pollack, Jeffrey Earl, Josh Van Gorkum, and Jessica Yoder. Professor Carter also arranged for Valpo Law alum Sebastian Smelko, a member of Governor Dan­iels’ staff, and alum Heather James, who works for the firm of Ice Miller, to come to the State House to discuss their positions.

Subsequently, the students trav­eled down the street to the United States District Court for the Southern District of Indiana to meet with Valpo Law alumnus Tim Baker, a Magistrate Judge for this federal district court. After a substantial question-and-answer session regarding federal law, the students took a brief tour of the historic courthouse and ceremonial courtrooms.

The students next headed to the Marion County Prosecutor’s and Public Defender’s Offices. First, they spoke with Valpo Law alumnus Carl J. Brizzi to gain his perspective on the status of crime in In­dianapolis and his legal journey from Valpo Law to becoming the elected Prosecutor of the largest county in Indi­ana. To gain the perspective of the other side to criminal law, the students headed across the block to meet with Robert J. Hill, the head of the Indianapolis Public Defender Agency.

Professor Carter is known for his mobile classes. Last year, he took a group of fifteen Criminal Procedure students to the United States Supreme Court in Washington, D.C. to hear oral arguments. During that trip, the students explored the Supreme Court building and visited U.S. Acting Attor­ney Craig Morford. Professor Carter also visits the New Orleans public de­fender office annually with his Criminal Procedure students. Professor Carter is attempting to solidify a continuous rela­tionship with the legal institutions in In­dianapolis. ”The Indianapolis attorneys and judges love Valparaiso students,” said Professor Carter, “now the students see it for themselves and will prepare accordingly.”

All students enjoyed the trip, and agreed that it was helpful to meet with such successful alumni and gain advice in pursuing employment. Third-year Nathan Robinson stated, “Even for a student not particularly interested in working in Indiana, I appreciated Pro­fessor Carter’s endeavors to not only open networking opportunities for his students, but also to improve the rela­tionship between Valpo and the various legal and judicial systems in the area.”

The students participated in other activities in Indianapolis, visiting res­taurants and urban watering holes to discuss issues with law students. How­ever, as the purpose of the trip was ex­posure and networking, every Judge, prosecutor, public defender, and politi­cal administrator recited a similar theme that they hire many attorneys through internships and externship programs. ”Most of all,” said Professor Carter, “you must not be timid. Be visible, take a stand and make your mark.”

Professor Carter hopes to make this trip an annual event. For contact information of any of the alumni met during the day, please email Professor Carter at derrick.carter@valpo.edu.

Abigail is a 3L and can be reached at forum@valpo.edu.

“You have a choice between a pol­itician who puts his faith in government and a leader who puts his faith in you” Palin informed the horde of people who filled the Verizon Wireless Music Cen­ter in Noblesville, Indiana.

The Alaskan Governor and for­mer mayor of Wasilla, Alaska wasted no time in her thirty minute discussion calling for Senator Obama to release all of his dealings with ACORN (As­sociation of Community Organizations for Reform Now), a group under law enforcement scrutiny and investigation in several states for voter fraud. Noting her affiliations and efforts to clean up Alaskan government, Palin shared that, “associations are important, and they go to the heart of someone’s judgment and truthfulness.”

The crowd at Palin’s rally was di­verse. According to 2L, Mike Duffy, the attendees, “seemed to be a real cross section of people and a lot of differ­ent ages were out there too.” Indiana’s Lieutenant Governor Becky Skillman, in her introduction of Governor Palin, invoked Senator Obama’s comments to a San Francisco group describing those in rural America to be clinging to guns and religion. “Those are the strong con­servative values that have made Indiana and America great.”

Those values and others were on the minds of attendees who shared their thoughts with Valparaiso University School of Law 1L, Donnie Metlovski. “The enthusiasm and excitement there was high, and people were upset with the brutal media coverage that she has been receiving,” Metlovski said. “Peo­ple wanted to hear about real issues, such as what are Obama’s policies re­garding wealth redistribution and what radicals has and is he continuing to as­sociate himself with.”

Nathan is a 2L and can be Nathan.Vis@valpo.edu

This was the second year the University had its own Day of Caring. At the end of August, before school was in session, the Porter County United Way

held its fifth annual community wide Day of Caring, where community members from around Valparaiso would work on a project. The University Day of Caring was started with the intention of giving University students the chance to participate in the event since most students had not returned from summer vacation when the community event was held.

The day started off with a breakfast of doughnuts, orange juice and coffee at 8 a.m. in the Student Union. Valparaiso University President Mark Heckler spoke to the assembled volunteers. He praised the volunteers for their dedication to helping others, say

ing their dedication confirmed his belief that this generation of college students was dedicated to volunteering unlike any that had come previously. After his speech and a group picture, the Valpo Law volunteers, representing 12 student organizations, piled into cars and fanned out to the six sites around town.

Two of the sites, the Porter County Animal Shelter and Alice’s Halfway House for Women, were new to this year’s event. The other four sites, the

Hilltop/Reiner Community Center, St. Agnes Adult Day Service Center, the Caring Place, and Family House were involved in last year’s event. Some clubs were matched with a site based on their particular interest while other clubs were simply assigned to sites where help was needed.

The six sites were not-for-profit

organizations that rely heavily on public funding, donations, and volunteers. Most do not have the time or funds to do general maintenance, which was one way Valpo Law students made a difference for these organizations. The organizations were grateful for the work that the Valpo Law volunteers were doing.

“We do not have enough time to do general cleaning. Our schedule is constantly full,” explained April Cinko, the Director of Family House, which supervises visitation of children under the jurisdiction of the Welfare Department with their non-custodial parent(s). “The Day of Caring is good because it allows us to get things done that usually do not get done.” As she spoke, upstairs in the house’s visitation rooms, members of Phi Alpha Delta and Phi Delta Phi were busy cleaning hundreds of toys with sanitation wipes. Other volunteers were outside raking and weeding.

Pat Jackson, the administrative assistant at the Porter County Animal Shelter, was ecstatic about the work the volunteers from Valparaiso Environmental Law Society and Student Animal Legal Defense Fund were doing. “I am so happy. How can you ask for better help? They’ll do anything you ask,” she said, referring to the foul business of cleaning the dog runs.

“Valpo Law students make a huge difference. We are lucky to have such a large number involved,” Britta Neinast, the United Way Volunteer Coordinator for Porter County, noted.

The mood among the volunteers was lighthearted despite the tedious nature of the work. At the Caring Place, which provides service and shelter for victims of domestic abuse, volunteers from the Black Law Student Association, Women Law Students Association and the Equal Justice Alliance joked among themselves as they pulled waist-high weeds. At St. Agnes Adult Day Service Center, Student Bar Associa

tion officers posed for pictures in colorful hats they found while organizing the center’s kitchen and pantry. The mood was similar at Alice’s house, a halfway house for women recovering from alcohol and drug abuse, where members of the Christian Legal Society tried to cram old computers into the back of a pickup truck. At the Animal Shelter, volunteers were covered in fur from holding the kittens and playing with the dogs.

Second-year student, Lucy Wess, the Philanthropic Chair for the Sports and Entertainment Law Association, provided a reason for the cheerful atmosphere. “People are really grateful,” she said as she took a minute off from

cleaning a banister at the Hilltop/Reiner Community Center. “This is great for the community.” Sheetz agreed but also believed that volunteering helps the law student. “Most law students are not from around here. [Volunteering] makes them feel a part of the community.” As she finished her inspection of the different sites, Sheetz was upbeat. “This year is a success.”

Since the 1970’s, California has struggled in the battle to grant marriage rights to same-sex couples. In 2005, California’s legislature approved a same-sex marriage bill. This catapulted the controversy surrounding granting basic rights to people who identify as Gay, Lesbian, Bisexual and Transgendered (GLBT) into the mainstream. The Governor of California vetoed the Bill, and left the decision up to the courts. In 2006, several same-sex couples petitioned the California Supreme Court to review their case. In April 2006, the California Supreme Court decided to consolidate and hear all same-sex marriage cases before the court. (In Re Marriage).

Perez v. Sharp, the California Supreme Court held that the state’s interracial marriage ban was unconstitutional. The Court found that equal respect and dignity of marriage is a basic civil right.

Furthermore, the Court held that it was unconstitutional to prevent same-sex couples from getting married because GLBT individuals are a protected class, and discrimination on the basis of sexual orientation should be subject to strict scrutiny under the Equal Protection clause of the 14th Amendment.

In Re Marriage opinion finally takes into account that all men are created equal and equality is the essence of freedom. In the midst of this historic decision, the faculty at Valparaiso University School of Law stood behind VU’s GLBT student organization and supported their efforts to attend the 20th Annual Lavender Law Conference in San Francisco, California held from September 4-6.

The Lavender Law Conference takes place annually, and welcomes all interested legal professionals and law students. This year, the Valparaiso LAMBDA Student Organization was

able to send six students to the Conference in early September. Dean Conison and the faculty were very supportive of the organization’s efforts to network with other GLBT students and professionals. During the conference Valpo Law students were greeted by members of the National Gay Lesbian Law Association, and were introduced to one of California’s best Gay hot-spots, the Castro. The first day of the conference consisted of a career fair, where students had the opportunity to meet and greet with 167 law firms in their efforts to secure summer associate positions for 2009. The second and third days were dedicated to conducting workshops concerning the current legal battles facing the GLBT community. Valpo Law students attended Continuing Legal Education workshops led by many of the nation’s top legal scholars. Topics included marriage and dissolution, the Military’s “don’t-ask-don’t-tell” policy, how to come out on your resume, and ways to have a presence at your law school. The six students who attended the Conference were able to maximize the benefits of this conference by attending all daily workshops, and network with a large number of law firms. More importantly, students at Valpo Law School who identify as GLBT and their allies were able to celebrate the community’s success in the ongoing fight for equality achieved through the California Supreme Court’s decision to legalize same-sex marriage.