Robert A. Elliott II and S. Hunter Noble

Congratulations Forum readers! For the next few months you’ve been awarded the pleasure of reading the most in-depth, up to date football news available. Put away your newspapers, log off your computers and set down your remotes. All the information you need is available in this convenient monthly column.
Actually, that’s a lie. You won’t receive any unbiased, truthful, or even logical news during your time reading our column. What you will get is a wealth of useless banter and ramblings from a portly bear and a stocky stallion that both hail from lands where the catfish swim free, the deer run wild and camouflaged Busch Light’s flow like the falls of Niagara. To all the so-called sports pundits who roam the halls of Wesemann and are already anxious to slander this pearl of an article…save your opinions for John Bayard’s columns. He takes criticism much better than us.
Over the course of this football season, we’ll be providing you with expert answers on stimulating questions like: Why is the SEC better than the Big Ten? Is roasted corn really as cool as roasted hog? How many ounces of sweat does Rob produce in a week? Does Hunter love anything more than processed pork and encased meat? These are all questions we can happily answer.
In this month’s edition, we’ve analyzed every major team in every major conference down to the age and country of origin of their water boys. We know more about the 2009 football season than Professor Bushbaum knows about treatises and pocket parts. Be on the lookout for next month’s edition when we enlighten you with a whimsical read about our adventure to a Valpo High football game.
For now, turn your air conditioner on blast, go put on your furry underwear, start a cozy fire, put on the melodic sounds of Europe’s “Final Countdown” and prepare to be entranced by the soothing literature of the Fried Football Report…

Rob and Hunter’s Fearless 2009 College Football Forecast

Pac-10
Favorite: USC-What has 4 legs, is smoother than a Kenny Loggins’ song and will totally crush you? Two fold answer, a sabre-tooth tiger and the offensive tandem of Joe McKnight and Matt Barkley. The early loss to Washington definitely hurt, but expect the Trojans to tear through the rest of their schedule like a gang of bloods bullying the intellectual property club.

Dark Horses: California-With USC coming into Berkley with more injuries than the 7th Calvary after Little Bighorn, this game could have upset potential. Washington-Not only is Seattle home to Starbucks and grunge hippies, it is also home to the most well kept secret in college football. QB Jake “white vick” Locker is keeping the houseboat fans of Seattle begging for more. Oregon-Unless they change their name to the Mighty Ducks and Emilio Estevez comes in to coach, don’t expect much out of the Nike darlings.

ACC
Favorite: Virginia Tech-Chesapeake Bay speed + Lane Stadium = ACC Championship. Look for Tyrod Taylor and the rest of his 757 cronies to run the table. If you’re unlucky enough to draw an invite to Lane after the sun goes down, be sure to bring nunchuks and a coat of armor because the Hokies turn into werewolves at night.

Dark Horses: Georgia Tech-There’s a lot to love about the Jackets this year. They have a rushing attack that is angrier than an old man sending back his soup at Jimmy’s Cafe and former Navy coach Paul Johnson has his team on their P’s & Q’s.
Miami-While football stars in the Midwest are munching down corn, gridiron heroes in South Florida are chasing down rabbits and trying to make a difference. Rick Ross isn’t the only one moving things in the MIA. Coach Randy Shannon has the “swagga” moving back to the “U.”
Florida State-Once upon a time, Seminole players could shoplift at their leisure and Coach Bowden was as regal as King Poseidon. Nowadays, the ‘Noles are like a roast beef dinner. You still think it’s good, but you don’t get excited about it.
North Carolina-Tobacco and basketball. That’s what North Carolina does. Right? ACC champions they are not, but look for them to be the best team east of Tennessee, north of South Carolina, and south of Virginia.

Big Ten
Favorite: Ohio State- Coach “I wear a vest because it looks awesome” Tressel always seems to be the belle of the ball in the Big Ten. Terrelle Pryor may be young and inexperienced, but he still has enough talent to stomp all the other Big Ten donkeys. Look for the Buckeyes to be taking care of the rest of the Big Ten’s proverbial dates at the end of the party this season.

Dark Horses: Iowa-So you pulled an upset against an overrated team coached by a 163 year old man. Big deal.
Penn State-Admit it, you want Joe Paterno to be your grandfather.
Michigan-“Yo, Matt Barkley, I’m really happy for you. I’m gonna let you finish, but Tate Forcier is one of the best freshman quarterbacks of all time!”
Michigan State-Ford’s stock has started to rebound. Why can’t the Spartans?
Wisconsin-We don’t actually believe the Badgers have a shot, but we really like cheese.

Big East
Favorite: Who really cares?

Dark Horses: Just for the sake of writing, we’ll pick Cincinatti to win the Big East. For the record, we have no respect for the Big East and the only reason we chose ‘Nat Town was because we both really enjoy Skyline Chili.

Big 12
Favorite: Texas-While the beaches of Corpus Christi and the oil patch towns of West Texas might be more unattractive than Andy Erickson in a neon speedo, the gridiron heroes from Austin actually look pretty good this year.

Dark Horses: Oklahoma-Everything is bigger in Texas. Sorry Okies.
Oklahoma State-Recruiting violation? How did you guys land Dez Bryant?
Kansas-Attention: Jayhawk football players, stop fighting the basketball team. They’re the only thing that’s ever happened to Lawrence.

SEC
Favorite(s): Florida-Brett Favre’s illegitimate kid, known to most Americans as Tim Tebow, literally walks on pristine lakes of Gatorade. This kid could probably play 11 on 1 and still score. In the very least he would lose the game, hold a press conference with President Obama and promise to win the next 50 games, cure global hunger and find a way for snaggled tooth pre-teens to straighten their teeth without braces.

Alabama-Julio Jones, who is apparently of both Mexican and African American descent as his name suggests, has the quickness of a puma and the strength of a wild lion on HGH. Even though the Tide lost the massive mound that was Andre Smith, don’t be surprised to see the boys from Alabama doing the stanky leg in post-game celebrations come early December.

Darkhorses-Ole Miss- Coach Spurrier made it known to the world that Jevan Snead was NOT the best QB in the SEC. Turns out the Ole Ball Coach can still call it.
LSU and South Carolina have a chance to contend. However, the odds of that happening are about as promising as Rob and me taking Beyonce and Scarlett Johansson out to nice seafood dinner.
Tennessee-Coach Kiffin, you have an inferiority complex.
Georgia-Choke artists.

Robert and Hunter can be reached at robert.elliott@valpo.edu and samuel.noble.valpo.edu respectively

Looking back on these past four months, I recall the excitement that I, along with so many of my colleagues, experienced having finally reached the light at the long dark tunnel we all knew as “law school.” Despite the stern warnings about the bar exam from the December grads in our class, the celebration continued and we all looked forward to the one month period of doing absolutely nothing that lay ahead of us. Some went to Mexico, some went to Europe. I stayed at home and got ready for bar classes because New York started the Monday after graduation. The following months, however, would confirm what others have called the worst summer of their lives.

hindsight, I realize how really insignificant that accomplishment was.

fingerprints, and your criminal history.

briefly go over it in roughly two hours.

My point for the 2Ls is to spend more time taking what you’re interested in than worrying about what’s on the bar exam. Barbri has got your back. When you study, you will need a study buddy. Yes, some of you study better alone and are at the top of your class. Forget it, this is a whole new ball game and you will need someone to keep you in check. The bar exam is rightfully dubbed by Barbri as a marathon, which means somewhere along the road, you will question your ability to go through with it. You will need a study buddy to keep you motivated on those “glass is half empty days” and in return, keep your study buddy motivated when he or she is having one of those days. My study buddy and I were not that close at Valpo, but after having gone through the hell that is the bar exam, it’s as though we were brothers at war.

in mind is that with your first job, you should find a position where you can learn everything, not get the bling. Sure the bling’s nice, but that should just be a bonus.

In closing, I hope this has given most of you 3Ls a picture of what to expect at the end of your most glorious year. There is a light at the end of the tunnel, but there are even more tunnels that lie ahead. But in the meantime, enjoy your final year because it will be over in the blink of an eye. Good luck and maybe I’ll catch you at Barrister’s.

By Dino Pollock, Guest Writer

As a man of African-descent living in the United States, I often wonder what life in our nation would be like if we (African Americans) were not here. Would we be missed? Would anybody care? While reading this article, ask yourself the question, would you miss us, do you really care? My answer to these questions is always a resounding “YES!” we would be missed, and many people would really care, regardless of race. The question arises because sometimes I believe this country and some of its people take us for granted, or even worse, scapegoat us for all problems American. While I quickly add that many of my white, Latino/a, and Asian friends and colleagues would shutter the thought, still others I am not at all convinced that is the case.

Because the scourge of racism unfortunately still infects and affects most of our lives in ways that manifest both overtly and subtly, I challenge each and every one of us to have an open and honest conversation with ourselves about our own biases and prejudices. These are often unspoken, sometimes unconscious, but always present on or beneath the surface of our often polite yet shallow and perfunctory interactions, whether we admit it or not. I often wonder how we as bright and gifted people could allow ourselves to be so passionate about material and inanimate objects like iPods, cars, and rings but so incredibly dispassionate about human suffering, our environment or our governance as a people. Well, fortunately for me, I descend from a long and strong legacy of achievement and excellence that I claim and celebrate as knowledge of self and inspiration to all to passionately seek a higher ground.

Charles Hamilton Houston, the eminent dean of Howard University Law School once wisely opined, “A lawyer is either a social engineer or a parasite on society.” I choose to be the former and reject the latter. Dean Houston’s admonition to us requires that we use our divine talents and our rigorous legal training to advance the causes of truth and justice in all that we do. As African Americans we owe a great debt to our ancestors and elders to continue a legacy of excellence that is an example to all people. The intelligence and expert tactics of our forbears have benefited not only our community, but everyone in our nation. The works and brilliance of the likes of Dean Houston, Thurgood Marshall, Constance Baker Motley, Percy Sutton, Lewis Meyers, R. Eugene Pincham, Johnnie Cochran, Willie Gary, William Hastie have inspired many more to achieve great heights in our noble profession. Lawyers are leaders and change-agents who can inspire others to great heights.

Revolutionaries like Mahatma Gandhi, Nelson Mandela, and Fidel Castro, all lawyers who sought and accomplished fundamental changes in their own societies. Let us not forget our own Richard G. Hatcher ‘56 and Robert D. Rucker ‘76 to name but two history-makers who continue to inspire a new generation of African Americans and VUSL students. In 1966, at the zenith of the Civil Rights Movement and Black Power Movement, Richard Hatcher became the first African American mayor of a major American city when he took the oath of office in neighboring Gary, Indiana. Mayor Hatcher also taught on the faculty of our law school for many years after his tenure in office.

Justice Robert D. Rucker was the first African American to be appointed to the Indiana Court of Appeals and only the second African American to sit on the Indiana Supreme Court after his appointment in 1999. He currently sits as an Associate Justice on our state’s highest court. They both stand on the broad shoulders of a powerful dynamo named Hilbert Bradley who in 1950 became the first African American to graduate from our law school. Hilbert was absolutely instrumental in helping Mayor Hatcher win his election in 1966 and was integral to the movement to have Justice Rucker appointed to the Indiana Court of Appeals. Hilbert Bradley is an accomplished attorney, community activist, husband, father, and friend and still practices law in Gary to this day. What if we had no Hilbert Bradley? Would there be a Mayor Hatcher? Would there be a Justice Rucker?

If there was no Charles Hamilton Houston to train and inspire a Thurgood Marshall to achieve great heights and vanquish mighty opponents, would there ever have been a book report for me, a then-ten-year old from the south side of Chicago to write on one of my heroes? Would I have been inspired to come to law school, to become a lawyer? To clerk for Justice Rucker? Would anybody miss me? Would anybody care? Do you care? If you are reading this and you have even the slightest bit of passion inside you that resonates and lives to serve others with integrity, to see victory when all others see certain defeat, to seize transcendent moments and make them compelling forever more, or to simply advocate for those who cannot do it for themselves, then reproduce yourself everyday by giving something back. Do you really care? Because if you do, you will do what our foremothers and forefathers did to afford us the opportunity to be here and prosper: sacrifice; serve someone other than yourself; and care enough to get involved with making our nation a more compassionate and just place for all. Service above self is the price we pay for the freedoms we seek to secure to our posterity. “We the People” starts with me the person.

That’s how I see it from the “Black Letter of the Law”, how do you see it? Contact me at dino.pollock@valpo.edu . Peace and Power.

By Brian Bennett

If law school taught me anything about arguments it would be that I learned to know the facts better than the opposition. I learned to respect the capabilities of others in advance of reliable information to the contrary. May it Please the Court, and Distinguished Readers…

Justice Scalia’s recent visit to VUSL was one of the most amazing events in my professional life. It was a combination of what I refer to as the “Santa Complex” and the Italian pride instilled by my immigrant family. Like a young child seeing Santa for the very first time, I watched in awe as Scalia answered our questions with conviction and enthusiasm. I imagined the cases he witnessed first-hand, offering potentially life-changing results through his opinions. With admiration I watched as Dino Pollock exchanged commentary with this important man with great confidence, knowing himself to be one of the future legal stars of VUSL.

Briefly I felt my “complex” again as I realized how much of Scalia’s words and insight into the Court I learned from my professors. It seemed at the time, this was about to become the emotional culmination of a man who waited many years to become an attorney – who was only weeks from graduation. Justice Scalia changed all that. Instead, I fought with everything I knew to keep quiet. I felt compelled to prove to him I knew “these” case facts far better. Instead, I reserved my beliefs for another time – this time.

It is funny how things work out. As a single father of two sons nearly ten years ago, I accepted I would not attend law school. Life was too hard, my sons too young. My oldest son caused me to look into the possibilities as I lost yet another argument to him. And here I am. Less than a month from graduation! This emotional journey was inevitable, but Justice Scalia’s visit was the catalyst. The facts in this case are clear. Justice Scalia inaccurately stated VUSL is a “lesser school.” A top ranked VUSL student may be equaled, but certainly NOT out-performed! Scalia was not properly informed of the caliber of professors or students at VUSL. If Scalia received vitae’s on Lind, Brietzke, Carter or Whitton [to name just a few] he would have asked himself the question, “why are these professors at such a ‘lesser school’?” Maybe he would have processed this answer through to conclusion before misstating the facts. VUSL holds some of the brightest minds, talented professionals and future stars anywhere in the world!

I do not fool myself into believing I am one of VUSL’s best. I recognize my limitations and know my strengths lie in my conviction to help others, intensity, and high personal demands. But, as a non-traditional student with a family, I learned the first week of classes I was not nearly as intelligent as I originally believed. I blamed it on age and inability to recall lists of facts from memory – but I knew otherwise. The first time Professor Lind called on Heather James, or Rickey Glover spoke in Criminal Law – I knew with conviction I was in trouble. Work ethic had always been the tool I used to make up for those smarter than I, but I was not prepared for the fact that there were some in the world with both incredible intelligence and work ethic. I had the great fortune of meeting and getting to know Shelby Byers early in my arrival. For the first and only time in my life I listened to a person set her goals – of being her very best. Nearly three years later, Shelby accomplished each and every detailed objective she outlined – not only being her best, but one of the best.

At VUSL, our administration and faculty demand the best. Not only in the classroom but in preparing their students to best serve society. Professor Carter, for example, continues to bring the students to the law – unlike a traditional method of instruction, he creates once-in-a-lifetime opportunities for students to experience the law. One of his projects enabled me to work with indigent prisoners in New Orleans. Trust me, meeting and aiding a woman who lost her children in Katrina is far more influential than reading about her in a case. Professor Carter is one of those who makes the journey through law school one of great challenge and growth. His ability to inspire us to become great leaders and attorneys is almost matched by his ability to make us feel equal. This is no easy task for students who know better – anyone of us would be fortunate to attain his accomplishments.

I find it unimaginable that there is another Professor Lind anywhere. Although I admit I came pretty close to getting hives more than once in Civil Procedure, I never met someone who wholeheartedly expected the best from all. She treats students as though we should all be in the top 1% – she requires us all to know it, believe it and live it. My greatest disappointment in law school has been my inability to meet her expectations and I wonder how many of Scalia’s “better students” could meet her challenge?

VUSL’s legal writing program enabled me to obtain a paid law clerk position at the close of my first year. I challenge any law school to produce a skill immediately marketable in their students. This successful civil and criminal practice is owned by VUSL graduates with 30+ years as practitioners who remarked constantly on the research and writing quality I learned. Like every VUSL graduate I met, they share support and offers of assistance to their following comrades. Superior, if not comparable to any “better school” alumni program. Attorney, Professor and former Magistrate John Shanahan is just one example of an accomplished VUSL alum who literally enjoys helping us become attorneys. Few others at any school are as competent or eager to encourage a developing legal mind. Thanks to Professor Stuart, I learned to prepare legal briefs worthy of the clients he served and I know how to prepare for exams to improve my GPA.

As a clinic intern, I am part of a program helping hundreds of families with real issues – from the potential homelessness of a family with children to a delinquent convicted of reckless homicide, VUSL’s mission of serving their community is not a slogan – it is real. Supervising Attorney Gail Tegarden handles thousands of cases – each with the same dedication as the one before it. As a VUSL grad, her daily life is consumed by helping youth find their way to a better future. Sure, an Ivy Leaguer may participate in a pro bono effort, but I challenge any program to show how it is a way of life.

Valparaiso University School of Law is really a family. Yes, there are those of us who are still growing into maturity, and those of us who wish we were still youthful enough to grow, but take it from someone who no longer has extended family, we are fortunate to be a part of this familial history. Ann Weitengant and Darlene Leatz opened the door for many students here and made it possible for many of us to remain. I credit the admissions office not with the job they do every day, but with the care and attention they pay to opening the door to our futures. Tony Credit has always been an inspiration. Few “better schools” can have staff members who actually care about their students. It can be no easy task to share with potential incomers what life is actually like at VUSL. Especially when the common knowledge of “what a ‘better school is’ is distorted. How do you tell applicants how VUSL’s open door policy works? How Professor Vandercoy always available regardless of the case on which he is working? Or that professors like Professor Levinson, who has been involved in historical cases personally, is ready to see you?

For me, graduation arrives in less than a month from the time this was written. I watch each event pass with enough emotion to last a lifetime. As a twelve-year-old boy in a women’s shelter a long time ago, I hoped to someday be able to come to the aid of others as someone once did for my family. I was not certain what that meant, only that it meant everything to me. Over the course of my life I made many errors, most of which I did not completely understand until arrival at law school. I am not certain what my future holds, but I know this, I will never be able to forget the powerful memories created here. I will never be able to repay my gratitude for professors who listened to my analysis and questions without causing me to feel inadequate. It is because of you I learned and grew far more than I anticipated. And will forever be grateful. Thank you VUSL!

By Amy Riederer

Reasonable people think that a woman’s sexual history is relevant to an allegation of rape. For those readers who may be aghast at that proposition, consider that Indiana is one of four states that have not adopted so-called rape shield statutes. Even though the statutes allow for a defendant to admit evidence of past consensual sex with that defendant, opponents still contend that any sexual relations, with any man, are relevant to a charge of rape. Is this logical? Consider this simple illustration: I flip a coin in math class and it lands “heads up”. I flip it again and it lands “heads up” again. My ninth grade teacher asks me what I think will happen the next time I flip it and why. For all of you that passed basic probability in high school, you know that if my answer is “it will land heads up because it landed that way twice before,” I fail the test. Apparently, most people don’t equate sexual intercourse to flipping a coin (although some may disagree), but in this respect they should.

Now consider a more analogous illustration: A person defaces a city statue, and is prosecuted and convicted of criminal mischief. Two years later he finds another statue, smashes it and is convicted again. Three years later this same man comes before a court accused of destroying yet another city landmark. The prosecution wishes to introduce evidence that he has been convicted of criminal mischief two times before. How will the judge rule? If you said inadmissible, you deserve a cookie. A general maxim of evidence is that, absent crimes of dishonesty, evidence of prior bad acts and character traits is inadmissible to show action in conformity therewith. The purpose of the maxim is to prevent a jury from giving more weight to the fact of a person’s prior similar crimes than it should. The question is not, “is this man mischievous,” the question is “was he mischievous on this occasion.” By analogy, opponents to rape shield statutes believe that a quarter that lands “heads up” ten times will do so every time thereafter, and that the evidentiary protections society affords to those accused of a crime do not extend to those who are victims of crime.

Anyone who has witnessed a rape trial will admit that it is unlike any other trial. Even with rape shield statutes, the victim’s sexual history inevitably seeps into trial in some way. In states like Indiana, women know that bringing rape charges include bringing every sexual exploit, no matter when, or under what circumstances, into the community arena. Although the victim is not the one on trial, it often looks like she is. Her private life becomes court record, her sexual history likely the lead story on the nightly news in a high profile case. While rape shield statutes originally sought to protect the victim only in the courtroom, current legislation also intends to protect victims from the media microscope in a further effort to encourage women to report rape without fear of retribution.

Opponents of rape shield statutes contend that an allegation of rape is all it takes to ruin a man’s life. They point to Kobe Bryant as an example of a man who has been branded a rapist without ever really being proven to be one. In response, I would say that if you want to see a person’s reputation dragged through the mud, a person’s past smeared in her face, a person’s name branded forever in the public conscious, look not to the man who allegedly committed the crime, but to the woman who pointed the finger.

By Jeffrey Marden

With the exception of homicide, rape is perhaps the worst possible crime one person can commit against another person. In this instance, the aggressor (usually male) forcibly penetrates the victim (usually female) against her will. Even though the victim is still physically alive, she will never be the same as a result of the violation.

Because the act of rape is so heinous, the vast majority of jurisdictions have passed a rape shield law which prevents a defendant from cross-examining the victim about her past sexual behavior. However, not only are rape shield laws unconstitutional, they are completely prejudiced against men. To defend against a rape charge, only two defenses exist: alibi (it was somebody else) or consent. If the defendant’s DNA is present on the victim, then consent is his only defense. But, the act of rape is extremely easy to assert and extremely difficult to prove.

The Constitution permits those who are accused of crimes to present the best possible defense. As a result, by refusing to allow a defendant to establish some critical evidence of the victim’s state of mind, the government is in effect preventing a defendant from defending himself. The theory in allowing the evidence is that if the woman had sexual intercourse with several people after a rape, she would not have been traumatized: most likely because the rape did not occur. Take, for instance, the Kobe Bryant trial: he was charged with raping a worker at a Colorado facility where he was seeking rehabilitation for an injury. Although the defense had evidence that the victim had sexual intercourse with several men the same night as the “rape,” Bryant was subjected to Colorado’s rape shield law.

Furthermore, the rape shield laws are completely biased against men. Granted, the vast majority of rapes that are committed in this country are perpetrated by men against women; however, that fact does not entitle women to accuse any person of a great injustice, and then not allow him to rebut the charges. Based on the rape shield laws, most jurisdictions do not permit a defendant to admit evidence of specific instances of the victim’s prior or subsequent sexual conduct, including opinion evidence or reputation evidence. As a result, a woman may consent to sex, claim that she was raped, and then prevent the defendant from discussing or analyzing her past sexual tendencies and history.

The federal rules of evidence are based upon the propensity of people acting in a particular manner given a specific situation. Additionally, the rules were drafted with the belief that a person will behave in a reasonable way given a certain set of facts. This intent, however, is completely destroyed by the rape shield laws because the history of the victim is not allowed to be entered into evidence. In our society, the victim is not supposed to be on trial; the defendant is. However, in cases such as rape where the case becomes “he said, she said,” the character of the parties is the determinative factor in swaying the jury. Therefore, at the risk of further traumatizing the victim, the lesser evil is to allow an innocent man to spend the rest of his natural life in prison based on inconvenience.

Going back to the Bryant case, several reputable sources have cited the progression of the lawsuit as follows: Bryant had consensual sex with the woman; she then blackmailed him for money and threatened to charge him with rape if he refused to pay; he did not acquiesce, and then she brought the rape charge. While admitting that this situation is in the extreme and not the norm, this woman was protected at the expense of an innocent man (notwithstanding the fact that Bryant committed adultery).

Finally, regardless of whether a man is acquitted of rape, the stigma will follow him for the rest of his life (see Bryant and the Duke Lacrosse team). Although a raped woman deserves to be protected, this protection should not occur at the expense of a man who is entitled to try to salvage his own life, especially when he is innocent until proven guilty.