By Mike Wild, Sports Editor
It’s been about two months since the Super Bowl ended. It’s unclear if the City of New Orleans has officially ended its celebration yet either. I suppose that our illustrious colleagues who had a chance to work in New Orleans’ Public Defender’s Office over Spring Break would have a better perspective on the topic. But, I digress.
Outside of free agent acquisitions, the biggest NFL news from this offseason are new overtime rules and a proposal to make late season games more interesting. Let’s start with the overtime rule. In response to Brett Favre sinking his team’s Super Bowl dreams by throwing a critical interception in the NFC Championship game that subsequently allowed the Saints to win by a field goal in overtime, the NFL competition committee changed the rules for overtime in playoff games.
Instead of pure sudden death in, if the team who scores first in overtime scores a touchdown, the game is over. If the team that scores first in overtime scores a field goal, then the other team gets possession. If the other team scores a touchdown, the game is over. If the other team scores a field goal, then the game reverts back to pure sudden death. If that sounds overly complicated, it is.
Essentially, the NFL wants overtime games to be decided by touchdowns. Touchdowns add dramatic flare to overtime games, and drama sells more officially licensed NFL television footage and merchandise. This isn’t about actual competition, it’s about dragging overtime out to increase the chances of an unlikely or improbable ending to an overtime game so the NFL gets more revenue. Unfortunately, the rule is too concerned with promoting a dramatic finish and less concerned with common sense.
I still contend that if the NFL wanted to maximize its chances for both revenue and dramatic finishes while still maintaining a simple rule, there is only one choice: The Texas tie breaker, better known as the college overtime rule. Each team is guaranteed at least one possession and you play until somebody wins the game. It’s simple, and every NFL player who played in college knows the rules. The NFL game got much more exciting to watch when it borrowed the two point conversion from college football, so I see no reason why borrowing the college overtime rule wouldn’t also make the NFL more exciting.
In other competition committee news, there is a lot of talk this offseason about discouraging the teams who are guaranteed playoff spots from resting their star players in late season games. Again, this is not about player health and safety (another perennial hot topic as of late), but is instead solely intended to generate revenue. The players on the higher caliber teams have worked hard all season to guarantee their team a spot in the playoffs. Those same players are all playing with some kind of injury. There is no way that any human being can take the punishment of an NFL training camp, preseason and regular season without some kind of injury. Yet, the competition committee wants to interfere with the coaches’ prerogatives to rest their players by proposing to make all games in week 16 and 17 divisional matchups.
I think this is completely bogus. When one of the NFL’s star players gets carted off the field on a backboard or on the meat wagon in an otherwise meaningless week 17 divisional matchup, to possibly never walk again, the competition committee will realize that it shouldn’t meddle with the coaches’ decisions to rest their star players for the post season. Frankly, if your team guarantees itself a spot in the playoffs, you earn the prerogative to rest your star players and give them time to stay healthy. This proposal jeopardizes player safety and runs completely afoul of other player health and safety programs that the league is investigating, namely its new efforts to reduce new concussions and study the long term effects of existing ones.
Wow, I used a lot of space to rant and rave about the rule changes. Now I have almost no space left to talk about free agency. So I’ll just hit the highlights.
The Bears opened free agency by signing Julius Peppers, Chester Taylor and Brandon Manumaleuna, instantly adding depth on both sides of the ball. They also showed their hand that their coaching staff and front office are on the coaching hot seat unless the Bears return to the winning ways of recent seasons past. Meanwhile, the Lions made a splash too. They signed Kyle Vanden Bosch and Nate Burleson. The Lions instantly added depth to their team, but still leave big questions about line depth on both sides of the ball.
Mike is a 3L and can be reached at forum@valpo.edu.
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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.
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MMA Monthly Matchups: April
By Dan D. Hallberg
Well, it’s a first for MMA Monthly Matchups: this month, they’re all title fights! That’s right, everyone is coming full force and gold is on the line. Who keeps it and who loses it? Well here we go!
5. Champion Anderson Silva (25-4) v. Damian Maia (12-1), UFC 112, 4/10/10
It’s been nearly a year since pound-for-pound kind Anderson Silva defended his title. Unfortunately for us fans, original and more worthy contender Vitor Belfort had to step out due to injury. That leaves Damian Maia as the winner of the “who gets a title shot” lottery. That doesn’t mean that Maia isn’t a threat, but right now the biggest weakness in his game is his striking and striking defense. Now he’s up against the best striker on the planet. Hard to see this ending in any other way then a decision or TKO for the champ.
4. Champion B.J. Penn (15-5-1) v. Frankie Edgar (11-1), UFC 112, 4/10/10
And the pound-for-pound list makes a second appearance as B.J. Penn takes on up and comer Frankie Edgar. I like Edgar, he’s an impressive kid with good boxing, wrestling, and okay jiu jitsu skills. He’s on the rise and could be Champion some day. Unfortunately April 10th isn’t that day. Edgar on paper is very similar to Kenny Florian, but he does focus more on his boxing. That could help Edgar provided he doesn’t shoot for takedowns. In the end though, it’s B.J. Penn, and he doesn’t lose to people his size. Penn by submission in the championship rounds.
3. Champion Jose Aldo (16-1) v. Urijah Faber (23-3), WEC 48, 4/24/10
WEC is live on pay per view for the first time, and they chose a fantastic card to start with. Time for the biggest star in the WEC to try and reclaim his titled against the fierce Jose Aldo. Faber’s style is weird to say the least and hard to explain. But it doesn’t really matter. The only thing that matters is that Jose Aldo is the baddest man in the WEC. He is 145 pounds of butt-kicking wonder. If he doesn’t destroy Urijah Faber I will be shocked. Knockout, early.
2. Champion Jake Shields (24-4) v. Dan Henderson (25-7), Strikeforce: Nashville, 4/17/10
Jake Shields is a good champion and a great young fighter. A prospect that will eventually get to the UFC and make a real challenge for the belt. The problem is that he’s a welterweight pretending to be a middleweight because Strikeforce’s competition is lowsy. That was until they landed number two middleweight Dan Henderson. Like Shields, Henderson has crossed into different weight classes, except he went up from middleweight rather then down. He even held his own against Big Nogueria. Again, it would be a huge shock if Shields wins this and the only way he could would be if he grinded out a decision, which he won’t do because Henderson is such a great wrestler. This fight will probably be on the feet because of the cancelled wrestling, and Henderson’s huge right will be the deciding factor.
1. Champion Benson Henderson (11-1) v. Donald Cerrone (14-2), WEC 48, 4/24/10
It’s the rematch of last years Fight of the Year, and this time it’s for the real title. This fight could very well go just like the last one, but I don’t think it will. Cerrone has learned that his slow starts have been costing him his decisions, so look for him to come out swinging. This could play into Henderson’s favor. He’s got the reach and moves to play a patient game which will frustrate Cerrone. Henderson has new confidence and has been working hard and even helped B.J. Penn train for Diego Sanchez. Cerrone put on an impressive show in his last fight, but I have to keep with Henderson. The man with the smallest waist in MMA retains his title in a five round thriller.
Dan is a 1L and can be reached at forum@valpo.edu.
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Funnier Than You Might Expect
By: Ross Brennan
Columnist
Garry Marshall, the man who brought you Pretty Woman and who I guarantee you would recognize even if you cannot picture him right off the bat, now brings you Valentine’s Day. Marshall’s latest take on the RomCom is a funny piece that tells the romantic stories of numerous of people and couples, all of which are nicely intertwined. Think Crash, but with a much lighter subject matter.
There really is not a main character in the film, despite the previews that make it appear as if Julia Roberts is the focal point. Thus, I will try to give you a quick rundown of what is going on and what to expect. Ashton Kutcher is in love with Jessica Alba. Jennifer Garner is best friends with Kutcher, but is in love with the very married McDreamy, who plays a doctor (what a stretch). McSteamy, who plays a pro football player whose story is not-so-loosely based on Brett Favre, is in love with a mystery guest, as are Julia Roberts and Bradley Cooper. Jamie Foxx and Jessica Biel both hate Valentine’s Day, respectively. Topher Grace is in love with Anne Hathaway. Taylor Swift is in love with Taylor Lautner. Hector Elizondo, another face you would recognize even though you do not know the name, is in love with Shirley MacLaine. George Lopez is in love with his wife, although we do not get to know her. And Queen Latifah and Kathy Bates are sprinkled in, but without objects of desire.
If that was hard to follow, I apologize. It was the best I could do. While Valentine’s Day has some sappy moments that are cliché-ridden, there are some genuinely funny parts. A particularly funny scene involves two high-schoolers who are planning to make this Valentine’s Day extremely special. As expected, a parent comes home. Obviously predictable, but still a fresh take on a funny scene. Jamie Foxx has some good scenes, and Topher Grace shines as a native Hoosier who is now a L.A. transplant. Viewer beware, there are some jokes that involve Indiana as a punch line.
Overall I would recommend Valentine’s Day. For the gentlemen out there, if you have the will power to walk past Edge of Darkness and actually have a seat in the Valentine’s Day theater, you will discover a few jokes you appreciate. For the ladies, I do not have to tell you that the movie is geared towards your tastes. Enjoy the 125 minutes of romance, and take it for what it is worth.
Ross is a 2L and can be reached at Ross.Brennan@valpo.edu.
NEWS FLASH: 1L, Adam Claudy is taking over as our Forum movie reviewer next month!!!
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MMA Monthly Matchups: March Edition
By Dan D. Hallberg
February was a somewhat uneventful, but still entertaining month of fights, particularly if you enjoy geriatrics getting crushed by other geriatrics. But March has tons of interesting battles, so lets take a look.
5. Miguel Torres (37-2) vs. Joseph Benavidez, WEC 47, 3/4/2010
Miguel Torres is back, and it’s a good thing. It wasn’t too long ago that Torres was in the discussion for top pound for pound fighter in the world. Unfortunately that all faded away after his stunning knockout loss to Brian Bowles. Now he’s trying to get back in the saddle against a tough opponent and top bantamweight fighter in his own right, Joseph Benavidez. Benavidez is a scrambler, ala his teammate Urijah Faber, so it will be interesting to see how he deals with Torres’ jiu jitsu. However, I still think the Bowles loss was a fluke. Torres wins and with it gains a shot at his old title.
4. Champion Georges St. Pierre (19-2) vs. Dan Hardy (24-6), UFC 111, 3/27/2010
This is the lowest I’ve ever ranked a title fight on my list and there is a simple reason why: Dan Hardy has no business fighting GSP. He’s only getting the fight because GSP’s beaten everyone else. I mean, Hardy has a punchers chance, but ever since the Serra loss GSP has been on guard for that. Pretty much Hardy will be taken down again, and again, and again, until he gives up a choke or gets decisioned.
3. Jon Jones (9-1) vs. Brandon Vera (11-4), UFC on Versus, 3/21/2010
For all intensive purposes, Jon Jones DQ loss to Matt Hamill was not a loss, and the UFC is not treating it like one. He takes a serious step up in competition as he faces fellow young gun Brandon Vera. It seems like every time Vera gets close to cracking into title contention he drops the ball. If he doesn’t win this fight it’s going to be hard for him to convince anyone that they should care about him. The thing is, I don’t care about him now, and haven’t seen anything in him to justify the multiple chances that the UFC likes to give him. Jones on the other hand is a highlight reel in the making. Jones by knockout in a pretty spectacular fashion.
2. Frank Mir (13-4) vs. Shane Carwin (11-0), UFC 111, 3/27/2010
Mir shut my mouth a few months back by decimating his last opponent, lets see if he can do it again. The former champ added on an extra 40+ pounds of muscle in an attempt to prepare for the bigger stronger Brock Lesnar. Now we get to see if his methods will work in a test run against the equally big and strong Shane Carwin in a matchup for the Interim Heavyweight championship. Carwin is essentially Lesnar with less wrestling credentials and without the attitude, so this should make for an interesting fight. Despite being wrong last time, I’m going to go against Mir in favor of Carwin. Mir seems to be doomed to be stuck in the “not quite championship material”zone for the rest of his career; this fight will show that.
1. Champion Brian Bowles (8-0) vs. Dominick Cruz (14-1), WEC 47, 3/4/2010
This fight has almost every element one needs to make a great title fight. Both men can throw, both men have great stamina to go into late rounds, both men are lightning fast, and both men are deserve to be where they’re at. Bowles is undefeated and won his title from top pound for pound regular Miguel Torres and Cruz is undefeated at bantamweight, and his only loss came to then featherweight champion Urijah Faber. I’m actually torn on where to go for this one, and when that happens, I have to go with the champ. Bowles pulls out a decision, leading to his rematch against local boy Miguel Torres.
Dan is a 1L and can be reached at forum@valpo.edu
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By: Derrick Augustus Carter
Professor of Law
Twenty-four Valparaiso University Law students will accompany Professor Derrick Carter to the New Orleans Public Defenders’ Office during spring break. The students will conduct bond hearings, interviews, research, write briefs, and observe death penalty trials.
Four students will work in the legal aid office with Professor Alan White and the legal aid attorneys. Professor Geneva Brown will explore work in the Juvenile Defenders’ Office.
Professor Carter can be reached at Derrick.Carter@valpo.edu
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By: Joanna Lekkas and Erika Nelson
Moot Court Executive Board Members
Attention all 1L & 2L’s! Are you looking to become involved with a competitive team next year? Are you looking to get more practical legal experience beyond the books? Are you looking to shine and refine both your written and oral advocacy skills? Then tryout for the Moot Court Society this Spring! Moot Court is a team comprised of second and third year law students who compete in both intraschool and national competitions. It is an intense and competitive team that requires fine tuned oral argument skills as well as clear and concise writing at the appellate level. A number of employers require or strongly recommend that potential applicants have this team or law review on their résumés.
The highlight of the fall semester is the annual Swygert Competition where members receive a legal problem, write an appellate brief and then argue both on and off brief in front of panels of judges. All members participate in the oral arguments, and judges advance competitors to subsequent rounds based on both their advocacy skills and written briefs. The number of competitors then decreases for the Sweet Sixteen, Elite Eight, and Final Four rounds. The final four competitors argue in the final round of competition. The final round is judged by actual judges and justices. In fact, two years ago Supreme Court Justice Antonin Scalia participated as a member of the panel for the final round!
The second semester mostly involves preparation for national competitions. Team members travel to competitions across the country. Teams write appellate briefs together, travel to their competition location, and compete against numerous other high profile law schools in the country. This year, our team placed third in a Trademark competition in Chicago while outshining top law schools!
If you are interested in trying out and hopefully joining this team, please come to our informational meeting during Chapel Break on April 1, 2010 (date subject to change) to learn more and ask any additional questions. Tryouts will take place April 19th and April 21st. (times TBA). The first round of tryouts involves arguing for 10 minutes on brief. There will be a cut after the first round of tryouts. Those who make it to the second round of tryouts will argue 10 minutes off brief. Those who are successful in the second round of tryouts will become members of the Moot Court Society.
Remember, all are encouraged to tryout and we look forward to seeing YOU at the informational meeting on April 1, 2010. Please contact Joanna Lekkas (Joanna.Lekkas@valpo.edu) or Erika Nelson (Erika.Nelson@valpo.edu) with any further questions.
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By: Danyel Robbins & Megan Flaherty, Advice from People who have Actually been in Relationships
We welcome any questions that anyone would like to submit.
1. My girlfriend and I have been together for over a year now but she lives back home which is a couple hours away. I love her to death but I also love this freedom I have here at school. I feel like I’m starting to doubt our relationship. What should I do? Can we really make it work while I’m in law school? From Loving from a Distance.
Of course you can make it work! And to be perfectly honest you should do everything in your power to make it work. The grass always seems greener on the other side and almost NEVER actually is. This freedom that you feel at school probably just means that you need to make sure you and your girlfriend still have your own “things.” Take time to go play basketball or hang out with the guys every once in a while and encourage her to do the same with her friends. If you and your girlfriend spend every waking moment together the walls will quickly close in on you. As for the hesitation you are having in your relationship right now, you can rest assured that you are probably making a mistake if you think you are going to find your soul mate in Valparaiso, Indiana. If you ever decided to date another law student it would probably only take a matter of weeks before you realized you wanted the person you really love back. It is absolutely possible to make things work long distance. You have to make sure you keep yourself focused on your school work during the week and keep yourself occupied in any down time with your good friends here. Make the extra effort to be with your girlfriend on the weekends and it will definitely be worth it in the end. That being said, only you know how you truly feel about your current girlfriend. If you do not see yourself being with her in the long run then there is no reason to drag things on and cause more heartache in the end. Good luck with this decision because it will affect the rest of your life!
2. I have been dating this guy for a few months but I am starting to become concerned about the fact that I feel like I am also dating his family. Does this guy have some sort of separation issue that he will get over or should I take this sign and head for the hills? From
The first thing you have to decide is if you are willing to date someone who is so close with their family. You have to remember that having a close family is probably all they know and it is not their fault. At the same time you are worried about how close your hunky new boyfriend is to his family, he is probably worried about how you are not. The door swings both ways. The main thing is that you both have to be willing to give and take. You have to understand that he is close to his family but he has to be understanding that at the end of the day he is dating you and may be marrying you, not his family. If this guy lives and dies by what his family says and always chooses them over you then that may be a sign that the relationship is not right for you guys. He has to realize that he will never be able to maintain a relationship if he doesn’t start putting the person he loves before everyone else. If you really care about this guy then sit him down and talk to him about it. All good things are worth waiting and fighting for. Be understanding, but be reasonable!
Xoxo
Aphrodite & Ares
Danyel and Megan are both 2Ls and can be reached at forum@valpo.edu
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Professor Profile
This month I interviewed Professor Sy Moskowitz. Professor Moskowitz has been a Law Professor at Valparaiso University School of Law for over 30 years. Originally he never thought that he would be a Law Professor. His interest was in labor law and civil rights. It is these interests that drove him to become a lawyer. After graduating at Harvard Law, where one of his classmates was Justice David Souter, he started and was the first director of VUSL’s clinical program. During his time as director, he developed an interest in teaching law.
When asked about teaching, Professor Moskowitz said, “Some teachers changed my life and forced me to think about my own ideas. Teachers should make students think about their belief and make them challenge their own beliefs.” Moskowitz added that teaching is a sacred calling.
Moskowitz teaches administrative law, constitutional law, family law, and also teaches family law practicum with a sitting judge. Moskowitz stated that the most important thing students should learn in law school is how to become professional students. “This includes an increased demand upon students and obligations to serve clients with that sense of professionalism.” Moskowitz said. For those students looking for employment, Professor Moskowitz said the more a student is involved with lawyers and the practice of law, the better they know what it means to be a lawyer. His final advice was to 1L’s saying that they should aim at maintaining a balance in life between work and enjoyment in order not to be overwhelmed.
Besides teaching, Professor Moskowitz enjoys a variety of other interests. He enjoys hiking, rafting, camping, and yoga. He also loves listening to music, especially jazz and classical. He still involves himself with some law cases in Indiana.
Originally from New York, Moskowitz has four children of which three are married. He also has four grandchildren. His oldest daughter is a lawyer who works in IP law. His wife was an attorney and later became a nurse and midwife.
“Some of the things I enjoy most about being a teach is being with students and colleagues. I learn about things myself through research and writing and teach people how to learn. I think teaching people how to learn is the most important part of law school. Once students know how to learn, they can go out and learn anything about the law on their own.” Moskowitz said.
John Bayard is a 2L who can be reached at forum@valpo.edu
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While you are worried about upcoming finals or getting job or internship interviews, Amelia Peterson not only shares your concerns but also prepares to help her home country of Zimbabwe and care for her newborn.
“This sounds crazy, but my brain seemed to work a lot better when I was pregnant,” says Peterson while laughing.
Peterson, 30, is a second-year student at Valparaiso University School of Law in Indiana. With a successful first year under her belt, she had planned to try out for her school’s law journal, but giving birth to her daughter during the write-on period nixed that plan.
She says juggling her law school life with her home life is not as difficult as some may think.
“After 5 p.m., I’m a mom,” Peterson says. “I pretend I’m at work from 8 to 5 in the law school. I don’t study at home, which surprises a lot of my classmates. It’s discipline and a time-management thing, and so far it’s working for me.”
Peterson arrived in the United States in 2002 and earned her undergraduate degree in international business from Johnson & Wales University in Colorado, where she met her husband, who is also from Zimbabwe.
“When I started international business, I became very interested in globalization and the behavior of U.S. companies when they manufacture goods in third world countries, and my thesis was about that and sustainable development,” Peterson says. “I became interested in rights of people who were being profited off of by big U.S. companies and felt like those were the people who were being forgotten. I want to push for better working conditions for people like that.”
Peterson said she and her husband look forward to moving back to Zimbabwe within the next decade but not too soon. “If we were to go back to Zimbabwe right now, we wouldn’t be able to get jobs,” she explains. “With the trade embargo against Zimbabwe right now, everything is in shambles, and it’s a difficult place to live in at the moment.”
So Peterson plans to finish law school and gain relevant job experience while her husband finishes his work to earn a Ph.D. before moving back to Zimbabwe. She dreams of using her law degree at the national level in her home country to help formulate policy with nongovernmental organizations to address human rights issues.
“Back in Zimbabwe I want to help with establishing the rule of law,” Peterson says. “I’d like to work to establish a fair and balanced judiciary system that isn’t biased. Right now people are being murdered in Zimbabwe, and victims’ family members have no legal recourse that is working.” In addition to helping people gain better working conditions and have access to a reliable judicial system, Peterson says she also wants to work with charities to provide meals to thousands of children before their school days begin.
Growing up in Zimbabwe with a father who was a road engineer and a mother who was a nurse, Peterson says she and her five siblings had the “best childhood anyone could’ve ever asked for,” even though there was a lot of unrest in the country.
Peterson says there are still relatively safe places left in Zimbabwe, and she looks forward to having her daughter experience the same school systems in which she flourished.
“People in Zimbabwe have a strong sense of community,” she says. “Neighbors love your kids like their own. My husband and I attended boarding school in Zimbabwe, and the education I received there is comparable to good U.S. schools.”
Peterson says she and her husband are hopeful that Zimbabwe will emerge from its economic collapse a better country in terms of more opportunities for its people, and that its government will provide the basics for its citizens—such as security.
“I’d like for people to know that I was born at the height of my country’s war for independence, so things like gunfire and burning villages… I’m familiar with those things,” Peterson says. “Living now in a small American town where it’s safe and kids are running around everywhere—it feels like an alternate universe.”
Peterson says she appreciates everything the United States has to offer, including its system of institutions of higher learning and its friendly people.
“I really appreciate this country and its people for expanding my mind and helping me to help my home country,” Peterson says. •
Hays Burchfield
Hays Burchfield is a third-year law student at the University of Mississippi School of Law.
Do you know a distinguished law student who would make an interesting subject for Spotlight? E-mail suggestions and contact information to studentlawyer@abanet.org (subject line: Spotlight).
88 I STUDENT LAWYER I January 2010
www.abanet.org/lsd I American Bar Association
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