The Forum

By:  Jolene Cieniawski  Editor-in-Chief

This Spring, the Property Law Society provided a valuable service to VUSL students by hosting the Property Law Review Series at the law school.  The objective of the Series was to provide review and question/answer sessions to VUSL students so that they can be better prepared for finals or for this summer’s bar exams.  Each review session was hosted by either a VUSL professor or local attorney who was proficient in land use and property law.  Students who attended the sessions commented that the reviews were a great platform to begin to studying for finals or were a great refresher of property concepts learned in their previous years’ classes.  The review sessions began on Thursday, February 17, 2011, with “Future Interests & Rule Against Perpetuities” led by Professor Linda Whitton.  This was followed by “Leasehold Estates (Landlord/Tenant Law)” on Monday, March 28, 2011, led by Professor Zachary Calo.  The third session was held on April 14, 2011, with “Land Transactions” led by Attorney J. J. Stankiewicz.  The fourth and final review session concluded the series on Friday, April 22, 2011, with “Land Use & Servitudes” led by Professor David Hollenbeck.  Overall, the property review series were a great success and the Property Law Society would like to thank all VUSL students who attended, and would like to especially thank Professors Whitton, Calo, and Hollenbeck, and Attorney J. J. Stankiewicz for devoting their time and efforts toward these sessions.

By:  Jolene Cieniawski – Editor-in-Chief

Picture is in the Forum May 2011 file

On Thursday, April 7, 2011, the Valparaiso University School of Law had the honor of hosting Judge Juan Guzmán Tapia as the featured speaker for the Tabor Lecture, presented by the Tabor Institute on Legal Ethics.  Judge Guzmán addressed the university and the public through two lectures titled:  The Bench and Bar Lecture:  The Ethical and Public Responsibilities of Judges and The Public Lecture: The Ethical and Public Responsibilities of Lawyers.

Judge Guzmán is a practicing attorney in Chile and is a former judge who is best known for his prosecution of many state agents for human rights abuses, including General Augusto Pinochet.  In Chile, and throughout the world, Judge Guzmán has been recognized for his advocacy of human rights and has received Honoary Degrees from the Catholic University of Louvain, Belgium; Oberlin College, Ohio; Haverford College, Pennsylvania; and the Monterey Institute of International Studies.

Judge Guzmán’s lectures focused on the arrest and kidnapping of thousands of Chileans during the 1970s – 1990s and the courts’ denial of numerous habeas corpus petitions concerning these missing citizens.  At a time when the military controlled the government under General Pinochet, citizens were being arrested and/or kidnapped if they showed any sort of resistance or were known to the government to have ideals that opposed to the newly created government.  Most victims were unaware of the reason for which they were being arrested.  The judiciary in Chile continued to exist as it did before the Coup d’ Etat of the government, but was under strict control of the military.  Therefore, tens of thousands of habeas corpus petitions to release prisoners from unlawful detention were denied without judiciary investigation into the alleged places where victims were being held.  During this time, over 3,000 victims were assassinated and over 1,200 disappeared.  According to Judge Guzmán, during this oppression, it was bad taste for judges to investigate too diligently into such matters because many feared being labeled as radical, therefore jeopardizing their legal career and possibly their life.  Therefore, petitions continued to be denied and lives continued to be lost.

In October 1988, Chileans voted in a presidential referendum to end Pinochet’s bid for eight more years as president, and in 1989, Patricio Aylwin Azócar, was elected president and he lead the reconstruction of Chile and the reconciliation of its people.  President Aylwin spoke publicly about the atrocities of the Pinochet administration and the judiciary under its command, saying that the judges who denied the numerous petitions lacked moral courage and had a duty to investigate all claims in an attempt to find the truth.

Ten years later, in 1998, Judge Guzmán gained international recognition for receiving the case brought against Pinochet for the past crimes against humanity.  Judge Guzmán had apprehensions about receiving the case, but felt that as a judge, it was his duty to “give the best of (him)self and to seek the truth and bestow upon the people what was theirs.”  The Court of Appeals of Santiago and the Supreme Court decided that Pinochet should be stripped of him immunity as a current Chilean senator and allowed him to be indicted.    In December 2000, Judge Guzmán formally charged Pinochet for kidnapping during his 1973-1990 dictatorship, and questioned him for two hours in January 2001 after doctors said he was fit to undergo interrogation. That same month, Judge Guzmán placed the general under house arrest.  By the time of his death in 2006, about 300 criminal charges were still pending against him in Chile for numerous human rights violations, tax evasion and embezzlement during his 17-year rule and afterwards.

This incredible story set the platform for Judge Guzmán’s lecture on ethical and public responsibilities of judges, and in his second lecture, of lawyers.  According to Judge Guzmán, if the judges who had wrongfully denied the habeas corpus petitions had had ethics, courage, and honesty, the oppression would have been less deadly and victim’s lives could have been saved.  Although under oppressive control, the judges still had a duty as representatives of the people to seek the truth and to oppose the wrongdoing.  Judge Guzmán further reflected, “we must obtain justice for every person, but we must not use it for purposes that are not just.”  According to Judge Guzmán , in regards to lawyers, the question is:  Do lawyers have the ethical duty to defend people whose rights have been violated by the state?  Judge Guzmán’s answer was that lawyers, too, should seek the truth, and for those especially who advocate for human rights, “defending people whose rights have been violated doesn’t necessarily make a lawyer an activist, or dangerous to society.”

After insightful question and answer sessions with the audience, Judge Guzmán left both lectures with powerful concluding words that not only apply to the ethical duty of judges, but to that of lawyers, as well: “The knowledge of happiness depends on how we serve our neighbor.  By serving him with love, or at least respect, we’ll be giving the best of ourselves, and this performance will allow us to do ethical justice.”

It’s hard to believe that it is time to write the Forum Graduation Special.  This experience has been like no other.  After dedicating countless hours to briefing, researching, writing, studying, and extracurricular activities, it’s hard to fathom the journey coming to an end.  We have all experienced the many emotions law school brings out, but the whirlwind is finally over.  It is scary, but invigorating feeling to know that we will soon be departing the walls of the school and entering the real world.  As I write this article, it is clear that we are not the 1L’s who entered Valparaiso University School of Law three years ago, we are a family that has grown professionally, socially, and intellectually.

Taking the advice of the departing 3L’s in 2008, friends, family and many others, we all had to determine what worked best for our personalities.  When we entered 1L orientation we were told many life-changing stories and were fearful of the drastic changes that lay ahead.  Afraid the time commitment law school requires would end relationships and longtime friendships, we still persevered and despite the initial sacrifices, pushed through and developed new relationships and friendships along with professional and social skills.  We will always remember the countless positive experiences of bonding during nights out at Passtimes, Northside, Pepe’s, Martini’s, Paparazzi, and overnight stays in Chicago.  Overall, the late night study sessions paired with the occasional fun filled weekend, helped prepared us for the world to come. Learning to see the forest and not the trees, or accepting the fact that just because you were an amazing writer in undergraduate, doesn’t mean you’ll get A’s on those first research and writing assignments were valuable lessons learned.  In all, the experiences of law school have prepared us for our amazing futures. 

The 100-Day Red Carpet Party started our count down to the day we have all been patiently awaiting…May 21, 2011.  On April 18th, we took the streets of Valparaiso for the Annual Cane Walk where our Class Advisor, Dean Adams, addressed us.  Just three years ago he welcomed us into the law school and at the Cane Walk, he welcomed us into the legal profession.  While hearing his amazing and encouraging remarks, I realized that this was one of the last good times we would have, and I began to reminisce.  However, the good times are not over, we still have four more events to look forward to which include the Cubs Game, Black and White Ball, the Champagne Toast, and yes, GRADUATION!!!

The Steering Committee worked tirelessly to plan graduation composites, cap and gown fittings, the December Grad Party, 100-Day Party, the Cubs Game, the Cane Walk, and Black and White Ball.  We hope that our classmates have enjoyed all the events so far.  The Steering Committee has devoted so much time outside of studying, working, families, and extracurricular activities to ensure that our graduation events were memorable, successful, and enjoyable.  I would like to give special thanks to:  Mecca Anderson, Lindsay Davenport, Robert Elliott, Kelley Flinn, Megan Ham, Eric Loggin, Karrah Miller, Chirs Nunley, Lizet Rivera, and Artur Zadrozny for making our graduation events extraordinary.  I have enjoyed my experiences as a law student, and I will always cherish my time as Chair of the Class of 2011 Steering Committee.  I will never forget the many lessons I have been taught over the past three years.

On behalf of the Class of 2011, I would like to thank the Faculty and Staff who have counseled us and invested their time and wisdom into our lives.  To the Professors who were interested in us as individuals, offered up their offices as a safe harbor, and wanted to see us progress professionally, and socially, the Class of 2011 sincerely cherishes your support, energy, and dedication.

As stated by Orrin Hatch, “there is a good reason they call these ceremonies commencement exercises. Graduation is not the end; it’s the beginning.”  So with that, I wish the Class of 2011 the best in all of our future undertakings.  Congratulations to my classmates and now, colleagues.

Sincerely,

Roxie Atkins

Chairperson

2011 Steering Committee

This is the last paper of the school year and my last article as a law student.  Soon, my 3L peers and I will leave the nurturing bosom of Wesemann Hall and enter the dangerous world.  Pitfalls and traps abound!  Some of us will come face to face with the usual problems confronting lawyers:  alcoholism, drug addiction and suicide.  Of course, these dangers can come upon as fast and ninja like and take us away while our friends and family sit aghast and unprepared.  But my guess is that they are often more subtle (like a thousand paper cuts or hangnails, or carbon monoxide poisoning).  For those unfortunates among us, these things probably are not what will actually kill us; they’ll only finish us off after we collude with biglaw or “winning the case” to suffocate our soul.  That pesky and insubordinate soul!  How dare it want to live!  How dare it urge us to be with our families!  How childish of it to yearn for leisure.  Doesn’t it know?  There are no such things as human rights!  We have debt!

There are other dangers, ones in which we may not be so complicit.  There are menaces like Muslims and gays!  And we must watch out for others, too, like RINOs and bluedogs, communists and fascists, teabaggers and libtards, baby-killers and women-haters!  Even our friends and family are potential drags; they will all have “favors” to ask of us, something that we could “just help” them with.  Our friends and family are already sketchy.  They bombard us with every email and every joke that has the word “lawyer” in it (Q:  What does a lawyer use for birth control?  A:  His personality!  Q:  How can you tell if it is really cold outside?  A:  A lawyer has his hands in his own pockets).

Everyone is going to look at us with suspicion.  We are despised and misunderstood as a class, and yet we cannot openly acknowledge this because it is a sign of weakness, and weakness doesn’t win!  We must all be Charlie Sheens and pretend like we are winning (google “Lap Dance Lou” to see how the Charlie Sheen analogy could even go further).  But because we must pretend like we are winning, we make others we encounter feel like losers.  And now, by even loosely implying that non-lawyers are losers, I have only reinforced why people don’t like lawyers in the first place.  It is a vicious cycle from which there is no escape.  Nobody knows what we went through.  We deserve our own Title VII style protection in the world at large.

And if all of this isn’t enough to worry about, we are all entering the labor market together—the non-existent labor market.  We’re not mathematicians, but we can figure it out:  five people cannot all get one position.  We love each other, or like each other, or at least think each other nice enough.  But kind feelings only go so far.  Now, we are each other’s competition.  What are the rules for this competition?  What kind of sabotage is permissible?

It is not all gloom and doom (I’m no Glenn Beck, although gold does sound like a good investment).  It’s not too late!  We can save the world and ourselves at the same time; two birds, one stone.  It’s now imperative for Valpo grads to implement Phase II—world domination.

America is a superpower run from Washington.  Chicago now has a foothold in Washington, and Valparaiso has a foothold in Chicago.  Can’t you see how this can be done?  Set aside petty politics and let us together embrace the Chicago machine.  Our strength lies in each other.  We all know—we have been told—that our school is unique because of our writing program.  We have moot-court warriors and rock-star professors!  Let’s take our legal writing pain, our sleepless nights preparing for competitions, and the charismatically charged lectures with which we have been infused for three years and turn it into pure, unadulterated Valparaiso glory.  Let’s out-brief, out-litigate, out-argue, out-sophisticate and out-school all those other complacent law-school graduate-others.

“Yeah, right” you say.  Well I say, “Yeah, right!”  Think about it.  Governors are the top political officials of a state, the executives in charge, and yet how many Illinois governors can even stay out of jail?  We’re smarter than that.  Let’s infiltrate, stay out of jail, activate our sleeper-cells, and ride that gravy train right in to Washington.  Obama set the example and he cleared the path.  We have to jump while the timing is right.  He didn’t wait to get experience.  We shouldn’t wait either.

I know what you are thinking.  Washington doesn’t control America, Wall Street does.  True, but Obama has that covered as well.  He’s working that revolving door.  Larry Summers, Tim Geithner, what?  Really, it’s all there.  All the groundwork is laid.  The Chicago machine is doing its part.  Now it’s our turn.  Chicago has the controlling shares in Washington.  Now, it’s time for a hostile takeover of Chicago.

Job Market 2011 – Making the Most of the Marketplace

By:  Christine Corral, Executive Director – Career Planning Center

Have you been concerned about the job market?  Are you aware of the opportunities available for students and graduates in the 2011 job market?  The news is promising!

Sources such as Robert Denney Associates, Inc. (December 2010), the National Association for Legal Professionals (March 2011), Client Advisory from Hildebrandt Baker Robbins (2011) and Recruiting Trends 2010-2011 from the Michigan State University Collegiate Employment Research Institute are reporting that the employment market is showing a modest rebound.  The collective voice of the current job market trends from these sources follows:

The U.S. economy will continue its recovery even faster than some experts predict and global expansion will continue.  Further, entry-level recruiting is up slightly and there’s an increased need for mid-level associates as the economy begins to recover.

Have I gained your attention yet?  Here’s more positive news, global hiring will increase by 8%.  International markets that you should find of particular interest for expansion include:  Brazil, Russia, India, China, Singapore, Luxembourg and Sao Paolo.  Domestic hiring will increase by 5%.  Domestic markets that you should find of particular interest for expansion include:  Chicago and Texas.

Looking for even more positive news?  You may be asking yourself, “What industries are hiring?”  The industries targeting individuals with master’s and professional degrees include:  manufacturing, information technology, finance/insurance, health services, non-profits and professional services.  Specific practice areas for individuals seeking “attorney” positions include:  regulatory, health care, alternate dispute resolution, white collar crime, bankruptcy, energy, labor and employment, public finance, litigation, immigration and emerging companies.

How have some of these positive changes in the marketplace affected Valparaiso Law?  The Career Planning Center has seen a 23% increase in the number of employment listings this academic year compared to last year – and the year is not over yet.

Next question, Have you been actively applying for employment opportunities?  While the Career Planning Center has seen a respectable increase in employment listings, there has been a decline in the number of applications with some employers only receiving two or three applications.  The Career Planning Center team encourages students and recent graduates to continue to actively apply for employment opportunities as the job market continues its recovery.

Do you feel prepared for your job search?  If you have questions about preparing your job search materials, interviewing, negotiating offers and more, the Career Planning Center team is ready and available to assist.  Please contact the Career Planning Center at 219-465-7814 or visit Wesemann room 125.

May Trivia
Enjoy my last set of trivia questions.
John Bayard
Outgoing Executive Editor

1. Who founded the Order of the Garter?
2. The Indianapolis 500 was first raced when?
3. The Ashley Whippet Invitational World Championship is the world championship of this sport? (Let Rover know)
4. Who is listed in the Guinness Book of World Records for the world’s shortest movie review; his two-star review of the 1948 musical Isn’t It Romantic? consists of the word “No”.
5. Silvio Berlusconi is a member of this Italian political party.
6. Angkor Wat is found in this country?
7. Mike Quade is the current head manager of the Chicago Cubs. Who was the head manager before him?
8. Prince William of Wales obtained a degree from what University?
9. Memorial Day was formerly known as this?
10. What’s my middle name? (Yeah there’s a real trivia question for you)

Answers
1. Edward III
2. 1911
3. Dog Frisbee
4. Leonard Maltin
5. The People of Freedom
6. Cambodia
7. Lou Piniella
8. University of St. Andrews
9. Decoration Day
10. Peter

Chinese Intellectual Property
John Bayard
Outgoing Executive Editor

I was nervous giving an introduction in Chinese. It seems strange now to think about it. Nearly all of the students who attended the presentation did not know any Chinese. If anything I was really worried about how my Chinese language professor would think. In the end, the presentation went well and the native Chinese speakers thought my Chinese were very fluent.
When the new forum staff asked me to write an article about my presentation on Chinese Intellectual Property law I felt it would be more appropriate for someone to write it. However they convinced to write the darn thing since it was well attended and no one else knew anything about the subject.
People asked me why I wrote a 50 page single space paper on Chinese Intellectual Property law I responded by telling them to read the news. Our economy’s future and nation’s prosperity lies in our creativity. The inventions and technologies also well as literature and art are what drives a nation’s prosperity. That creativity must be protected, not just for their creators, but for the nation as a whole. To rebuild America’s economy, we must look to foreign shores for new markets and new opportunities. The emerging economies of China, India, Brazil, etc. provide such new opportunities. Therefore it is important to protect our creativity overseas.
The problem is not that China does not have Intellectual Property laws. It has in fact numerous laws that conform to various international agreement guidelines and World Trade Organization standards. The problem is enforcement. This is not to say that the central government in Beijing does not care about enforcement. Far from it, the central government spends billions each year combating such violations. The real difference is between how the central government acts and how the local provincial leaders and businessmen act. The title of my paper was The Local Snake v. The Mighty Dragon: Enforcement of Intellectual Property in China. An old Chinese saying is the local snake is more powerful than the mighty dragon. This means that a local provincial leader or businessmen is usually more cunning in being able to circumvent laws then the central authority has the ability to enforce them. This has been the case throughout all of Chinese history.
The problem of enforcement is also not unique to China, although its effects is perhaps more profound. For example, a large segment of Americans (in particular younger Americans) download illegal copies of music from the internet everyday. In China 95% of music is illegally downloaded. On University campuses, students can find complete photocopied versions of textbooks that have been illegally copied and are worth pennies compared to the cost of the original.
China’s own innovation and technological development might strengthen enforcement of its Intellectual Property laws. However this remains to be seen. What is certain is that for the protection of jobs here in America, Intellectual Property must be protected and defended everywhere including overseas.

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

The final ‘Confessions of 1L’ has given me pause. I can scarcely believe this crazy 1L is just about over. When I announced my intentions to attend law school every person I knew offered a cornel of advice. I ignored some of it, however, I am still struck by the most useful piece of advice I was given. My brother, fountain of all law school wisdom, had warned me that law school would be a little like going back to high school. Of course I rolled my eyes and assured him that I could handle it. Well, it was not so much about handling it but rather trying not to chuckle as his words came true.
It seems to me that every high school cliché has been embodied in my law school experience from the bulletin boards decorated to attract club members to cliques that quickly formed first week. Of course we have the popular kids with their female offshoot of the traveling pack of blonds. They spend more time gossiping and pretending every little thing in their lives matters to everybody around them. There are the quiet ones in the back of the room who refuse to answer questions unless forced. There are the “bros” who are still striving to be too cool for school and still caring about drinking games on the weekend.
There are the Facebook people. They are potentially my favorites at the law school. They are the ones who spend more reading and checking their Facebook page in class than actually taking notes. In fact, they spend so much time on the Facebook that you know more about them then you do about members of your own family. It’s not a habit I wanted before I went to law school. But sometime the computer screen in front of me is more interesting and I cannot help it.
There are so many to list and only a few lines left in this column. So, yes as this school year winds down I am still thinking about all the funny quirks of our class. I can honestly say that the vast majority in our class have been an absolute pleasure to know. And I cannot have imagined my year without the people I have met at Valparaiso. Mostly, I am grateful for the experience of meeting everyone whether or not it has been a major flashback to my far go high school days. So, this is big thank you to each one of you that made a fantastic year and those who read this column. I look forward to next year with everyone.

By Jon Kohlscheen

As we get closer to summer, the presidential campaign cycle is starting to ramp up and potential Republican candidates are beginning to test the waters and decide whether they have what it takes to challenge President Obama. And to be honest, the list of mainstream candidates is pretty boring. And then there’s Donald Trump. Yes, the real estate mogul and star of NBC’s reality TV show The Apprentice has indicated that he might want to run for president. Many people are skeptical, claiming that he isn’t really serious about running. But dismiss him at your own risk. He could very likely be in it to win it.

First, Trump has no shortage of self-confidence. He speaks as if he is running the country already and is never bashful about his success, intelligence, or business prowess. Trump has no qualms whatsoever about self-promotion, which is basically what a presidential campaign is. Granted, most candidates are more nuanced than he, to say the least. But many Americans are tired of political correctness and may appreciate his bluntness.

He’s also not a politician or a “Washington insider.” He’s a wealthy businessman whose can speak with more authority on economic issues than many other candidates could. In this stale and sagging economy, there might be a significant portion of Americans who might hear him out.

Just as important, Trump could actually run a serious campaign. He recently said that he would be willing to spend $600 million of his own fortune on a presidential campaign and he would enter the race with gigantic name recognition and celebrity. He’s also leading in the polls. A recent Gallup poll put Trump tied for first with Huckabee, and that’s not the first poll to put Mr. Trump out in front.

Then there is the “birther” issue. Many people are quick to dismiss Trump’s prospects because they believe that no serious candidate could go around claiming that Barack Obama wasn’t born in the United States. But keep this in mind: a recent New York Times poll revealed that 47% of Republicans believe that Obama was not born in the United States and 22% were unsure of where he was born.

Some say “The Donald” is only running as a publicity stunt, perhaps as a way of boosting the ratings for his reality TV show. But has he ever had trouble stirring up publicity in the past? It doesn’t seem to me like he needs to pretend to run for president to get attention because his larger-than-life personality gets him all could ever need.

Others say that Americans wouldn’t take a reality TV star seriously as a candidate for the presidency. I beg to differ. Americans love American Idol and Dancing With the Stars, they get their news from The Daily Show and Glenn Beck, and our politics seem more like soap operas than reality. I say the Donald would fit right in.

By Emily Pattison

By now, there has been enough rumbling about Donald Trump that pretty much everyone knows of his interest in running for President as the Republican candidate in 2012. He has emerged on various news sources including Fox and The Wall Street Journal proclaiming his intentions to impose a 25% tariff on all Chinese imports and to “take the oil from Iraq.” Add to that his personal campaign to reignite the birther issue and you have the makings for one very lucrative question: Is this guy for real?

In terms of running a real estate business, launching a successful reality television series, and creating for himself a net worth of over $2.5 billion, the man seems to have his ducks in a row. He’s also well versed in the marriage thing by now, too. Third time’s a charm, but I digress. Based on recent interviews yielding vague answers to questions about his political leanings in the past, Trump seems more intent on ruffling feathers than providing concrete answers. He has no real policy proposals and avoids addressing real issues. He’s simply courting the media by saying the most controversial things he can.

This type of political publicity is not new to Donald Trump’s repertoire. In the 2000 presidential elections, he contemplated running as a third-party candidate, seeking the endorsement of the Reform Party. He gave numerous interviews and even wrote a book, “The America We Deserve,” with David Shiflett, in which he advocated universal healthcare. Before voters began to take him seriously, Trump backed out of the campaign and went back to running his business.

One of his primary problems this time around will be gaining a constituency. He seems passionate about his ideas, but he could very well just be doing this for publicity. Trump was once quoted saying, “Show me someone without an ego, and I’ll show you a loser.” How will he ensure Republican support when he has made significant contributions to Democratic campaigns and when he has voiced support for universal healthcare in the past? (Granted, Trump is about 50/50 on campaign contributions to but Republicans might not be so willing to overlook his past healthcare decisions).

His poll numbers seem impressive but being first in a recent poll doesn’t mean very much. At this stage in the game, polling well simply correlates to name recognition, of which Donald Trump has plenty. The people in the lead, such as Mitt Romney and Mike Huckabee, are the same men who ran last time. A lot of other candidates ranking lower in the polls simply aren’t as well known yet. The point is, high poll numbers at this point do not mean Trump is more liked or more qualified, it just means the other candidates aren’t as well known yet. In the coming months, these numbers might change as other candidates being campaigning and promoting themselves.

But for now, Donald Trump is the greatest self-promoter out there.