December 1983, Vol. 7, No. 2 The EXORDIUM Indiana University School of Law, Bloomington, Indiana Telefund surpasses goal Last year the first I.U. Law School Tele-fund was so successful that the program was run again. This year the results were even better. Over 300 law school alumni, who previously had not contributed to the law-school made pledges during the two-week drive. More than $26,000 was pledged this year, $17,000 of which represents "new" money for the Law Fund. The Law Fund is unrestricted money for the law school which helps fund activities such as scholarships, Moot Court competition, student travel and faculty research. The main purpose of the Telefund is to gain contributions from alumni who have yet to give to the Law Fund. A secondary goal is to increase the gifts of alumni who already contribute. Prior to the first Telefund last year, only 472 alumni contributed to the Law Fund, which represented about 7% of the school's total alumni. During the 1982 Telefund over 250 new contributors were added. When all the contributions for the 1983 Telefund actually arrive the number of alumni contributors should reach 1,000, or over 20% of total alumni. Since most first-time gifts are not large amounts, the total amount of new money pledged is not quite as important as the number of new contributors. However, it is important to get the alumni into an annual pattern of giving. This year's pledge averaged approximately $50.00 per alumni, up from last year's average of $38.00. Last year the majority of alumni who were contacted were Indiana residents, as well as Chicago area alumni. This year's effort focused on alumni residing outside Indiana. Most of the alumni contacted were at least pleased to hear from their alma mater, even if they did not pledge a gift. Callers working on the Telefund did not receive many of the colorful, and sometimes hostile, responses which marked last year's calling. The 1983 Telefund effort, headed by Mark Wagner, Greta Gerberding, and Seott Brown, operated on the third floor of the law school and appreciated the use of professors' phones. A special thanks to callers: Susan Wilson, Leslie Mead, Carol Nolan, Lance Clark, Kalhteen Sweeney, Kathy Stratton, Lucinda Delph, Beth Ahlmeyer, Cherri Branson, Bonny For-rest, Kevin Brooks, John Lawson, Elizabeth Powell, John Larson, Johann Smith, Dennis Stutsman and Jesse Patton. Remember, when you graduate, start making the bucks and a hard-working law student from I.U. calls—be generous. Lance Clark was one of many law students who solicited for telefund. Parents & partners Kathy Stratton and Beth Powell dialing for dollars On November 5, the Law School sponsored its second annual "Parents & Partners Day" activities here at the Law School. It was a Saturday morning that began at 9:00 with Orientations being given by both Dean Plager and Dean Fromm, included presentations by various faculty and staff at noon. Parents & Partners include parents, spouses, family and virtually anybody interested in attending. Programs are devised that would be of interest to the guests, including actual classes in session, a Moot Court argument, resolution of doctor/lawyer hypothetical conflicts and job placement information. The design of these activities is to make those participating better aware of the programs offered here and promote a different perspective of what their student is going through. "We try to get the point home," says Dean Fromm, "that everybody is going through a similar experience, and that despite what the person may say to parents on the phone, he or she has the capacity and ability with perseverance to make it through the year successfully." A number of faculty members participated in the program, including Professors Bethel, Heidt, Pratter, Schornhorst and Mary Kay Moody. While Bethel and Schornhorst conducted class sessions, Heidt and Pratter conducted programs specifically geared to the audience; and Mary Kay Moody explained xxx job placement procedures and opportunities. Professor Heidt, who has participated in both Parents & Partners Day activities, led a program that directly involved those that attended. He drew a hypothetical medical situation, opened the floor to discussion, then offered possible resolutions to the questions through two students, one representing the medical, and the other the legal viewpoint. "While the response to this format was not as emotional as the previous year, I think a number of people left the room with something to think about," added Heidt. This year, Parents & Partners Day was tied into the university by its Parents Day and the Ohio State football game. Last year, it was held in the Spring. "I think the fall is the best time to do something like this," said second year student Kevin Brooks. "I spent the morning here at the school with my parents, had lunch, then went to the football game. We had an enjoyable day — except the football game!" The response was a little better than anticipated. While almost 130 people pre-registered their intention to attend, the actual number that did show was closer to 150." On the whole, the feedback was very positive. The turnout has been good these first two years and we are optimistic about continuing this type of program in the future, "said Fromm. Since the majority of people who will at- (Continued on page 7) Dean's Corner Self-esteem is a psychological concept that permeats our existence on a daily basis in cognitive reflection and in our emotional life. Behavorial scientists generally agree that few factors are more important or central to our development, motivation, and aspirations, than the estimate we place on ourselves. This estimate is more likely to be in the form of a conscious judgment. Ayn Rand suggests that self-esteem involves both self-confidence or an assertive sense of control over matters of perceived importance and self-respect or a sense of personal worth. Scientists of most persuasions as well as our common sense tell us that self-esteem seems inherent in our nature — we simply need it. Equally certain is that the attainment and maintenance of a positive self-image and self-esteem is a constant battle, often unconscious, for all of us. Significantly compounding this search for self-esteem by law students is a host of factors seemingly inherent in legal education, factors that assault their sense of worth and confidence. The scenario is a familiar one. Law students generally have a history of academic success, measured not just by exam-taking ability and grades, but also by classroom performance, interactions with teachers, organizational abilities, effective use of time, and a variety of ways of positive self-evaluation in comparison to peers. This prior academic success, coupled with the actual experience of law school, sows seeds of anxiety and potentially weakened self-esteem. Most law students have to admit that their self-esteem is at least partly a function of academic success and grades. I have observed over and over that realizing that past patterns of academic success will not prevail in law school still does not prepare students for the psychological shock and trauma of diminished academic success. It can be particularly difficult for those that excessively measure their self-worth, -confidence, and -esteem by such success. In short, realizing the reality of a fact and being able to incorporate it emotionally and wholly are two very different things. What worsens this academic success/self-esteem syndrome is the rampant myth, one tenaciously held by many students, that the future (translation: a job), is dependent upon graduating in the top ten percent of the class. Fueling this syndrome on occasion is a sense of perfectionism that may be self-defeating. By perfectionism here, I do not mean the sense of motivation that helps in striving to attain high standards. Rather, it takes the form of a compulsive perfectionism that drives students to attain impossible goals, ones that are beyond their ability and potential. Law students consumed by these elevated aspirations define standards and excellence almost solely by the attainment of top grades. Although understandably difficult, their inability or unwillingness to look at current "facts" and reappraise their goals often results in lowered self-esteem. Having very briefly sketched only the outlines of certain forces affecting self-esteem in law school (all students upon reflection can add their own), what steps can be taken to alleviate the problem? At one level, realizing that all experience the anguish of this internal battle may provide temporary solace. It can help generate positive energy to work on the problem, but it is hardly a solution. To say and truly believe that our self-esteem is not and should not be dependent on particular successes or failures, since these may not be under our control, power, or ability, is to state the solution. However, simply acknowledging the solution is not enough. It does little to explain how and why such a simple solution is so elusive. How do you get from here to there? David Burns, a psychiatrist, has written a book called Feeling Good: The New Mood Therapy. Dr. Burns extends and builds on the work of Albert Ellis and Aaron Beck, two well-known rational-emotive theorists. Their basic premise is that many problems of self-esteem, compulsive perfectionism, and depression are caused by a disturbance in thinking patterns or simply thinking errors. I believe law students are especially susceptible to thinking errors because of the assorted anxieties and tensions inherent in the law school experience. We all know it is one thing to think clearly and accurately when calm and relaxed, but an entirely different matter whan agitated or anxious. Under stress, feelings and emotions can easily color or skew normal thought processes. Often feelings, under those circumstances, actually can dictate how we think. In his book, Dr. Burns discusses ten different forms of cognitive distortion that he has identified in his research, some with law students. Dr. Burns defines these cognitive distortions as follows: 1. ALL-OR-NOTHING THINKING: You see things in black-and-white categories. If your performance fails short of perfect, you see yourself as a total failure. 2. OVERGENERALIZATION: You see a single negative event as a never-ending pattern of defeat. 3. MENTAL FILTER: You pick out a single negative detail and dwell on it exclusively so that your vision of all reality becomes darkened, like the drop of ink that discolors the entire beaker of water. 4. DISQUALIFYING THE POSITIVE: You reject positive experiences by insisting they "don't count" for some reason or other. In this way you can maintain a negative belief that is contradicted by your everyday experiences. 5. JUMPING TO CONCLUSIONS: You make a negative interpretation even though there are no definite facts that convincingly support your conclusion. a. Mind Reading. You arbitrarily conclude that someone is reacting negatively to you, and you don't bother to check this out. b. The Fortune Teller Error. You anticipate that things will turn out badly, and you feel convinced that your prediction is an already-established fact. 6. MAGNIFICATION (CATASTROPHIZING) OR MINIMIZATION: You exaggerate the importance of things (such as your goof-up or someone else's achievement), or you inappropriately shrink things until they appear tiny (your own desirable qualities or the other fellow's imperfections). This is also called the "binocular trick." 7. EMOTIONAL REASONING: You assume that your negative emotions necessarily reflect the way things really are: "I feel it, therefore it must be true." 8. SHOULD STATEMENTS: You try to motivate yourself with shoulds and shouldn'ts, as if you had to be whipped and punished before you could be expected to do anything. "Musts" and "oughts" are also offenders. The emotional consequence is guilt. When you direct should statements toward others, you feel anger, frustration, and resentment. 9. LABELING AND MISLABELING: This is an extreme form of over-generalization. Instead of describing your error, you attach a negative label to yourself: "I'm a loser." When someone else's behavior rubs you the wrong way, you attach a negative label to him: "He's a goddam louse." Mislabeling involves describing an event with language that is highly colored and emotionally loaded. 10. PERSONALIZATION: You see yourself as the cause of some negative external event which in fact you were not primarily responsible for. All of us undoubtably will recognize our own distorted thinking patterns in one or more of the above. Constant awareness of our errors and concomitant personal insights can go a long way toward mitigating self-esteem damage we may be inflicting on ourselves. Even though parts of Burn's book are simplistic, it has a practical thrust and avoids the excessive theorizing and psychological jargon of many books of this type. I recommend this paperback for students who are facing self-esteem issues and generally for all students who are concerned with their emotional development vis a vis law school and professional life. Such development is certainly an important, yet often neglected, component of learning how to become a productive and happy law student and lawyer Benton Moot Court Quarterfinalists Indiana University successfully participated in the Benton National Moot Court Competition held on October 27-29 at John Marshall Law School in Chicago. Bill McKinzie, Allen Reed and Jeff Wilhite represented the law school and were quarterfinalists with a win-loss record of 3-0 in oral arguments. The team was coached by Professor Richard Lazarus. Oral arguments were held in the pierkson Federal Court Building. Judging at the competition was by State and Federal appellate court justices. Thirty teams from across the country competed, including teams from New York, California, Massachusetts, Texas and Florida. Participating schools included Boston College, College of William and Mary, Northwestern University and Ohio State University. The team started preparation before classes started, around August 15. A brief was submitted near the end of September. The team wrote six drafts before compiling the final copy. The team then began practicing for oral arguments. In addition to working with each other, the team was assisted by faculty and other students. Professors Heidt, Bethel, Condlin, Sinclair and Lazarus, as well as six students, served as judges in practice rounds. Team member Wilhite said, "Support from the faculty and our fellow students was tremendous. Their assistance was both appreciated and very helpful." Reed added, "After arguing in front of faculty who tried everything to throw off the team in practice rounds, we were very well-prepared for the federal judges in Chicago. It was a great experience." The principal issue of the competition was whether a bank should be held liable for harms resulting from the accidental release of computer records to a governmental investigatory agency. The topic required Indiana to argue for and against a negligence standard to be applied to the bank's conduct and that the standard of strict liability for abnormally dangerous activities be expanded to include computer data processing. The Exordium Staff wishes you Happy Holidays Advisor Dean Len Fromm Editor in Chief Denise Sejna Managing Editors: Beth Powell Gretchen Wehrenberg Business Manager Stuart Katz Copy Editor Gall Zeheralis Organizations Editor: §ue Wilson Staff: Deniee Torres, Charles Stewart, Tod Groff, Kurt Panzer ABA Law Student Division The Law Student Division, with membership in excess of 43,000, is one of 30 Sections and Divisions of the American Bar Association. The ABA is an unincorporated voluntary membership association of attorneys which boasts more than 300,000 members. The Law Student Division is one of three Divisions; the others are the Young Lawyers Division and the Judicial Administration Division. Law Student Division members may join any of the twenty-nine Sections and Forum Committees at considerably reduced membership rates. The Sections are devoted to a particular area of substantive law or of legal concern. Examples of Sections are: Administrative Law, Criminal Justice, Family Law, Economics of Law Practice, General Practice, Labor Law, Litigation, Natural Resources Law and others. There are also Forum Committees, for example, Sports and Entertainment Law and Standing Committees such as Environmental Law. Law students may become involved in a section or forum committee by joining and communicating directly with the Chairperson of the section. The Law Student Division appoints liaisons to nearly all of the Sections. The liaison communicates Section activities to the Law Student Division and initiates programs within a Section that call for increased student involvement. Liaisons also lobby for recommendations which the Law Student Division desires to be ABA approved. Liaison applications will be due in February. The Law Student Division, through its Resolution process, may take a position on any issue and release it to the news media. Its policy statement must be approved by the Law Student Division and Board of Governors and by the President of the ABA or the ABA Board of Governors. Law Student Division policy statements may be adopted by the ABA itself by approval of its House of Delegates or Board of Governors. Any law student may propose a Resolution for adoption by the Law Student Division and perhaps by the ABA. A complete description of the resolution process will be carried in a following edition. Your membership dues of $8.00 actually covers one-third of the cost of your membership. The rest is subsidized by the ABA. Membership includes subscriptions to the Student Lawyer magazine and the ABA Journal. In addition, Law Student Division members are eligible for car rental discounts, special discounts on renter's insurance, life insurance, and Blue Cross health insurance. Members also receive a 30 percent discount on the Preliminary Multistate Bar Review (PMBR) seminars. Membership also allows further involvement through the Sections, the ABA Section Liaison program as well as other programs. The ABA's Law School Services Fund provides matching funds of up to $750 for any single law student initiated law school related project.* Grant applications are available throughout the Law Student Division representatives or the Division. The remaining grant application deadlines are February 1 and April 1. *Last year these funds helped to provide a special one day seminar on ethics. Those of you planning to graduate this year, do not let your membership lapse. By becoming or by remaining a member during your last year before graduation, you will receive your first year's membership in the ABA and its Young Lawyers Division free. Further inquiries or applications for membership in the Law Student Division or any of the Sections, may be obtained from Greta Gerberding of the ABA Membership Department. ILAC GOALS ByJeffWilhite What is the real purpose of the Inmate Legal Assistance Clinic? A) to provide financial assistance to,inmates so they may live a more fruitful life B) to provide spiritual assistance for those inmates needing guidance C) to provide home cooking for the malnourished inmate population D) to devise escape plans to assist the free flow of commerce E)none of the above "E" is the correct answer. The Clinic provides legal assistance to inmates in the form of individual interviews, opinion letters, representation at administrative hearings and drafting of motions and briefs. But the primary task of the Clinic is to teach law students how to be lawyers. Interest in helping inmates is not a prerequisite to this goal. The substantive areas that the Clinic works in (administrative law and a little constitutional and criminal law) are simply means through which the process of lawyering can be learned. Benjamin Franklin wrote in Poor Richard's Almanac that, "Experience keeps a dear school, but a fool will learn in no other." As a "legal fool" I can attest that Ben's philosophy applies to learning how to be a lawyer. First, second and third year students in the Clinic develop valuable skills not taught in class, but the Clinic recognizes that its role is supplemental. Traditional legal education in the classroom is and must be given priority, but the Clinic attempts to offer a forum in which students can synthesize and exercise their learning. If the Clinic simply advanced the time for students to enter the real world, participation could not be justified given alternative demands on our time and money. Instead, the Clinic adds an element to beginning the practice of law not found in the real world — academic supervision emphasizing learning. The Clinic offers the best of two worlds — the practical and the academic. It is helpful to see the real world of lawyering, yet our supervising attorney ultimately insures a quality work product should we make mistakes at this early stage of our career. Interns gain confidence that they too might be able to fill the shoes of a lawyer, yet at the same time take advantage of the academic-clinical arena to critically evaluate and improve weaknesses before entering a world where learning is, unfortunately, not always a top priority. The Clinic, then, really is the law school's Halway House of Lawyering. Approximately 40 students have been involved with the Clinic this year. This level of participation makes the Clinic the largest in the law school. I certainly do not expect, nor encourage, students to begin participation in the Clinic this close to finals. Instead, for those students interested in investigating the opportunities in the Clinic, perhaps the beginning of next semester would be most appropriate. The Clinic could not reach the same number of students, nor provide the same quality of teaching without the support of the law school faculty and administration. The faculty have demonstrated their support through their willingness to supervise interns wishing to obtain B710 academic credit. And, all of the deans of the law school have offered their guidance to help insure a top-rate Clinic. Those of us administering the Clinic pledge in return — to students, faculty and administration — a quality professional program conducive to developing competent attorneys. Introducing... A hefty 1-lb baked potato served plain or with your 'choice of 3 toppings! Check it out at the IMU Commons or the Main Library Cafeteria! HOSOUTH INDIANA 339-5020 Indiana Memorial Union It's that time of year again By CHAS.STEWART For some, all there is to worry about is the impending apocalypse of finals. While this is a valid concern, to be sure, one segment of the law school population is calm. These people are known as the Third Years. They have en-dured the rigors of inane tutorial assignments; they have survived the hardships of 8:30 tax classes; With bodies ravaged by the toxic waste served from the vending machines in the guise of coffee, and with minds vandalized by the notions of future interests they look forward to what will be... The Final Semester. The change that occurs in a person over the course of a law school career is nothing less than astounding, especially in physical appearance. It is given that all first years resemble E.T. clones dressed in the latest fashions from the Sears Put-On Shop. Two years later and these same refugees from carnival sideshows are mistaken for Hollywood stars and even have ties to match their lavender Ralph Lauren shirts. No one is quite sure how this transformation takes place except that it has something to do with second years. Aside from this, however, second years are as irrelevant as wind chimes in a hurricane. One trademark of a third year student is his familiarity with the faculty. This comes from being of almost equal stature academically with them. You can even tell who's a third year by how he greets the faculty, for example: "Hi Mike" (Mr. Carrico); "Hi Craig" (Mr. Bradley); "Good Afternoon Prof. Schornhorst" (no sense taking chances). Other means of identifying Third years include: (1) the way they have unlisted locker numbers; (2) putting their address in the law school register as Nick's, and (3) being constantly accompanied by an undergraduate pre-law who they have adopted as a personal valet and gun bearer. Of paramount importance to those in their last semester is what classes to take. Decisions abound. Is it better to take the seminar on Zen as Applied to Proximate Cause, or instead write a B706 paper on the best written Supreme Court opinions of Sherman Minton, which you intend to title "Sherman's Greatest Hits." The problem with the latter being trying to find any opinions of Sherman Minton; he may not have been much of a Justice, but he had a great name for a moot court competition. Were it not for old Sherm it would probably be the Hoagy Carmichael Moot Court Competition. But if neither of those two course selections entices you, there is always the possibility of taking something outside of the law school. For instance, four semester hours of an undergraduate volleyball course can always be rationalized as follow-up research to Prof. Pratter's law and sports class. With all the power and prestige that accompanies being a third year, many lower classmen have been inquiring as to how to become one. Aside from the necessity of paying several thousands of dollars in tuition and fees, this is a difficult question to answer. Some things that will help are not signing the seating chart so you won't be called on, and buying used books, so you can save time by only reading the highlighted parts. For some of you first years who still don't know a circuit court from a circuit breaker, a little prayer may also be in order. While those of us who are third years do appreciate the respect and admiration showered upon us by the other students, there is one thing you could do to make our last few months here a bit easier. Please, don't kneel in our presence, it makes it so hard to get down the hall between classes. Legal terms redefined The following are legal definitions you will not find in Black's Law Dictionary. Abatement: A portion of the house below ground. Abode: A professor at IU Law School. Ad dammnum: A naughty Latin word. Answer: What you never have when called on in class. Affirm: A type of a mattress, opposite of asoft. Arrest: What we all need. Assault: Seasoning normally used with pepper. Bailee: A person who dumps water out of a boat. Bar Examination: Taken at Nick's and required for graduation. Bodily Heirs: Found on all humans, but usually in greater profusion on males. Class Action: Drinking beer. Collateral Attack: A mugger on either side of you. .Common Carrier: A low class pigeon. Concurrence: One judge heaping B.S. on another's B.S. Copyright: What you should do with someone else's notes. Dispositive: Negative. Dissent: The only word Justice Rehnquist knows. Drunken Driving: The only way home. Duress: Feminine attire. Forum: As in, "That's good enough forum," A fortiori: A small Ferrari. In re: Name of numerous English kings, most notably "in Re the Eighth." Indispensable Parties: No keg, bring your own. Intent: Where campers sleep. Joinder of Parties: Combining one, drunken brawl with another. Jointly: A form of entertainment, as opposed to a beerly. Jurisdiction: Reference to clearness of speech by judges.' Jurisdictional Amount: What it takes for the judge to see your things your way. Mensrea: Lavatory for males. Mistake: Going to law school. Motion: Something Supreme Court Justices do on occasion to assure lawyers they are not dead. Necessary and Proper Clause: Santa at Christmas. Negligence: A flimsy nightgown. Passing Title: An action which is not acceptable in public. Pendant Jurisdiction: A jurisdiction which hangs around your neck like a rock. Pleading: A technique to get class notes and outlines. Prior Possession: A charge against a pusher after he sells you the dope. Roe v. Wade: Two forms of travel in water. Socratic Method: A form of torture. Stare decisis: An eye condition which develops after reading too many Marshall opinions. Statute: What birds perch on in the park. To Wit: A misspelling of twit. Use of Force:" Only justifiable if your name is Luke Sky walker. Writ of Mandamus: What started the whole mess. European studies For those students interested in studying in Europe this summer, we received the following information. California Supreme Court Justice Stanley Mosk and J. Skelly Wright, Chief Judge of the United States Court of Appeals for the D.C. Circuit, will teach in European programs sponsored next summer by the University of San Diego Law School. Justice Mosk will teach in Dublin, where the program concentrates on international human rights problems. His course will discuss the use of international human rights norms in state court litigation in federal systems. Justice Mosk has served on the court for more than a decade and has written some of its most important decisions in fields as diverse as criminal procedure and commercial law. Judge Wright is well known for his opinions in Edwards v. Habib and numerous administrative law decisions. He will co-teach Comparative Administrative Law in Paris with Professor Tnerese de Saint Phalle. The course will compare Administrative Law in the U.S. with that of France, which has been the model for much of European administrative law, including that of the EEC. USD will present summer programs this summer in Dublin on international human rights, in London dealing with international business transactions, in Mexico City treating law of the Americas, in Oxford on anglo-American comparative law, in Paris on international and comparative law generally, and in Russia and poland on socialist law and east-west trade. Clinical opportunities for placement with law firms are available in Dublin, London, and Mexico City. All classes are approved by the ABA. For further information, write Mrs. Coursey, Law School, University of San Diego, Alcala Park, San Diego CA 92110. DWINKELHOFF & SNUCKER Attorneys at Law P. O. Box 4782 Poclunk, New York 10000 Phone: Unlisted / We are a mediocre firm of several dozen lawyers engaged in a horrendously dull practice. Our firm is divided into five departments: Corporate, Tax, Litigation, Real Estate and More Tax. Our corporate practice is unbearable. Young lawyers looking for intellectual challenge and extensive client contact are advised to look elsewhere. All of our corporate work is routine and repetitive, and associates can expect to develop valuable xeroxing skills. In addition, weekly in-house training sessions are provided to teach new associates how to proofread, staple and lick stamps. Our litigation department specializes in moving violations. Immediately upon passing the bar, an assoicate can expect to appear in court for purposes of tendering a bribe to the judge. Our real estate department generally sells nonexistent parcels of land to gullible widows. Our tax department is a disgrace to the profession. Almost all of our tax lawyers have been indicted at some point in their careers, and most have been convicted. Our tax associates are primarily involved in name changes, because we feel that changing one's name is the best way to remain hidden from the IRS and the U.S. Marshall. We do not have a formal policy with regard to pro bono work; however, we would never allow it. Our summer program is a disaster. The program usually consists of ten to fifteen summer associates, most of whom quit after the first week. We do not believe in paying a salary. Each associate must obtain payola from oppsing counsel. Many of our attorneys are graduates of a law school. We hope you will see us when we interview on campus. Lance Clark was on of many law who solicited for telefund. Innerview Bob Condlin is a visiting professor at Indiana University. During the spring semester he will be teaching seminars in Civil Practice and Negotiations. He also will be teaching a clinical education course at Student Legal Services. Professor Condlin has incorporated the use of videotapes into his method of instruction. ByKURTPANZER Exordium: Where did the idea of using videotapes for clinical instruction develop? Condlin: I don't know who first used it, but the idea behind using tape is quite traditional. Videotape is a substitute for the casebook. In traditional courses, doctrine, policy and the way they are manipulated in court decisions are the subjects. In clinical study, the subject matter is lawyer operations. What is needed is some source of information about common patterns in lawyer operations equivalent to the source of information about doctrinal development found in opinion excerpts in casebooks. Videotape provides that kind of information, in a manageable form that can be used in the classroom and edited to take out asides, repetition, and unimportant parts. Exordium: Is your preparation for these classes much different than preparation by other professors for their classes? Condlin: I don't think the form of the preparation is much different. Yet I probably have to prepare more than most other professors because the materials in my field is not yet as well settled as in traditional fields. A professor who has command of doctrine in, say civil procedure or torts, probably isn't surprised by day to day developments in the field. Most of the developments are probably at the margin. But it could happen in my field that someone could come along with a totally new conception of part of the subject and could be right in large measure, and I would have to rework my class radically. This has happened a number of times in negotiation, in particular, in the last few years. Exordium: Your teaching methods allow students to both view videotapes of others and also allow students to review videotapes of themselves while interviewing or negotiating. The student can look at behavioral patterns and take steps to correct that behavior. Is that type of learning appropriate for a law school? Condlin: The basic notion underlying this kind of teaching is that of confronting contradictions. Students are usually able to tell you what they are trying to do, in effect, tell you their theory of what it takes to be effective at the task at hand. Often these theories are undeveloped and need work, but also they usually contain ideas that are sound. If you put this theory (the student's own and what is added to it) up against the patterns that appear on the students' videotapes, invariably you will find contradictions. With all of us, our ideas are usually out in front of our behavior, or should be. Almost all education is based on this idea of the non-confirming experience and clinical instruction using videotape, is no different. Videotape of clinical practice presents slightly different information in a slightly different format, but the underlying instructional theory is very traditional. First year legal instruction, the so-called socratic dialogue is based on the same idea and ironically, is mostly clinical in nature. One of the major objectives of the first year is teaching students to "think like a lawyer." I don't say that this is all of first year instruction, but it is a major part of it. In one (significant) sense, this thinking process is an analgam of analytical skills (e.g., making distinctions, synthesizing bodies of data, teasing out underlying rationales), and teachers are interested in students being able to use these skills, not describe them, and not even criticize them as methods for understanding a body of material. They want students to think like lawyers, not talk about thinking like lawyers. Professors drill students in the use of these skills by using them themselves in response to positions students take in class. The hope is that with enough repetition the skills will take hold, even when students are unaware that this is happening. This type of instruction is no more (and no less) theoretical than clinical instruction, and is every bit as practical because the analytical skills taught in the first year are present in everything one does in law practice. 1. two regular faculty members teach clinical course as part of teaching load. 2. clinical teacher has appointment on general faculty of University. 3. clinicaI teachers have long-term contracts with renewal rights. Source: adapted from interview with Prof. Condlin 2 Moot Court Teams Compete in Chicago On November 17-21,1983 the Moot Court Board participated in the Regional Moot Court Competition in Chicago, There were two teams-the first was Tracy Larsen, Jeff Petrich and Ariane Schallwig; the second was comprised of Kirk Wilkinson, Lee Silver and Greg Easter. The issue this year involved a RICO question and a securities question. The competition involved several Midwest Law schools including University of Wisconsin, Marquette, Northwestern, Chicago-Kent, Loyola, De Paul, Northern Illinois, University of Illinois, Notre Dame, Valparaiso, I.U.P U.I, and I.U Bloomington. The IU team of Larsen et al. advanced to the semi-finals before being eliminated by the University of Wisconsin's team. The teams spent several weeks practicing. Professors and students served as judges for the various practice rounds. Professor Richard Lazarus, the sponsor for Moot Court, was very helpful. The Moot Court Board and Professor Lazarus will be running the Appellate Advocacy class this spring. Any one who is interested in this or has questions can contact any of the Moot Court Board members Visiting Professor Robert Condlin A selection of law schools offering clinical education instruction clinical courses taught by: Law School Harvard Michigan New York University Pennsylvania Stanford UCLA Virginia Yale U. of Chicago Full-time faculty & adjunct instructors Adjunct instructors Organizations SAC The Student Activities Committee has assumed functions carried out by the Student Bar Association in past years. Various social events are under consideration by SAC. Alan Loudermilk, ad-hoc chairman of SAC, has invited students to make suggestions to him about social activities that SAC might sponsor. Beginning in January, SAC will meet to discuss various proposals: All interested students are invited to attend. PDF Greetings & Salutations! PDP would like to extend a sincere Good Luck to students going through The Process of landing a Summer Job in a reasonable situation (firm, pay, location, etc.). PDP is a group of law students interested in utilizing their legal education to become involved in current issues. Founded in 1869 POP presently has 50,000 members and enjoys the support of faculty advisor Roger Dworkin. To correct an image of an assemblage of stuffed shirts, PDP is actually comprised of a fairly diverse cross section of the law school community, ranging from future corporate lawyers to future public defenders. The Purpose of PDP is to articulate & promote the professional needs & goals of all law students, and to facilitate an atmosphere conducive for the intellectual development of both law students and the legal community as a whole. ' PDP was established for the following noble reasons: 1) to assist in the recruitment and retention of capable law students from diverse backgrounds, 2) to represent student interests in both the law school and the university; 3) to provide a forum for discussion of legal topics, 4) to emphasize the necessity for Professional Ethics, and 5) to pursue Truth, Justice, and the American Way. The PDP charter mandates that the group educate the law school & University community of issues of local, law school, & professional concern. In this capacity, PDP has helped sponsor several relevant activities. Last year PDP sponsored a forum on the revised ABA Code of Professional Ethics. PDP wasted little time this semester getting down to business. Our first activity this year was helping to sponsor a speech by former Senator Birch Bayh, who spoke on the Insanity defense and the criminal law. PDP will be On the Move once again this year, with several activities planned. While several questions remain unresolved, meetings have created a vehicle for increased future communication & interaction among law school organizations to achieve a more cohesive & united student body. In addition, PDP may sponsor guest & student speakers from time to time. Congratulations are in order for all PDP's who were awarded loans through our national organization. Additional scholarship & loan awards are possible in the future. The next meeting is scheduled for next semester. For more information contact any of the following officers: R.J. McConnell, Maurice McClung, Ted Parker, Tom Witkop, or Ken Weller. We encourage all students to become involved. SLA The following students have been appointed to law school committees: Academic Regulations Beth Alhemeyer Thomas Dudley Admissions/Financial Aid Allison Gallo Regina Scrivener Faculty Appointments . Rebecca Cook Barbara Fruehling Building ChipLardman Vicki Pargoris Clinical Education Kurt Pantzer Lynda Walker Educational Assistance Program Sherri Alien Denise Velly Educational Policy Barb Brugmaux Angie Johnson Lectures Marilyn Manzel Jim Snyder Library Steve Riggs Carl Yirka Placement Cherri Branson Rick Kissel Scheduling Committee Karen Jordan Karol Krohn Kurt McDaniel Jill Reifinger Kathy Roudebush (Continued on page 7) Briefs, Memoranda & Law School Paperwork In recent weeks LLSA has worked to develop the law school's awareness of Hispanic issues. Future activities are planned with this primary goal in mind. For example, in January LLSA will send a representative to the annual race awareness retreat. In March a delegation will go to Des Moines, Iowa where Drake will. host the La Raza conference. A recruitment trip is being planned by the LLSA board; LLSA members will be going to the East Chicago area in an effort to reverse last years Hispanic enrollment numbers. The board is also in the process of selecting speakers for the April awards banquet. Finally, LLSA would like to congratulate Rudy Chapa on his seventh place finish in the New York marathon. SLA (Continued from page 6) Frank Valledares Students are strongly encouraged to express their concerns to the appropriate student committee member or student Law Association representative. Also, a 'suggestion box' will be placed to permit students to freely make comments, suggestions and criticisms about 'anything' in the law school that is of concern to them. These comments, suggestions and criticisms will be read, considered and appropriately acted upon by the Student Law Association. In an effort to increase the communications to students about various activities, events and items of general information, a weekly bulletin will be made available to students beginning next semester. The deadline for all notices which are to appear in the Monday bulletin will be 5:00 p.m., the preceding Wedneday. Notices should be turned into Lynn, Dean JFromm's secretary. Gong showed hit By RANDY NIXON As a result of the passage of time, and valiant efforts to uphold tradition in the face of overwhelming student apathy, the BALSA Gong Show has become an event to which every member of the law school looks forward. Indeed, the Gong Show has been described as the longest running, continuous non-academic exercise of futility in the history of the institution. This description is derived, no doubt, from efforts to distinguish the show from other, more mundane practices which retain the thin veneer of scholastic pursuits, such as the presumed teaching and practice of Jaw. This year's futile exercise was held not at Bear's Place, BALSA'S Annual Gong Show, held Friday October 28, at Rathskellers in Bunnkirk Square was a tremendous success. This year's show was hosted by 2nd year law students, Johann Smith and Cherri Branson. Gong Show act participants performed to a capacity crowd, and highlights of the evening included a rousing accordian Medley by Dean Fromm and Jeff Thinnes, and a magic trick by magician, Jesse Villalpando in which, audience participant, professor Terry Bethel did not lose his head! Taking highest honors in this year's show was R&B band The Gang of Four in 1st place. Members of the group are Cindy Reichard, John Judge, Tim Boeglin, and George Carver. First place winners received the traditional Rusty Gavel Award. Jesse Villalpando and Kurt Pantzer were 2nd and 3rd place winners respectively. BALSA would like to thank all students, faculty, and staff for participating in this years Gong Show. where it had taken place since its inception in 1979, but at the Rathskeller in Dunnkirk Square. The move was necessitated by the increasing popularity of the Gong Show, and the correspondingly greater numbers of people it attracts every year. Past Gong shows were hosted by the incomparable Mar-va Leonard (now elevated to the BALSA Hall of Fame). There was some doubt that a worthy replacement could be found. The call went out, and two BALSA members — Johann Smith and Cherri Benson — were ferreted out. Well briefed in techniques of riot control, Johann and Cherri succeeded in entertaining a relentlessly abusive crowd, introducing acts, and providing comic relief. This year's Rusty Gavel Award for the best act ended in a photo-finish. The prize was awarded to the Gang of Four, for their tunes, "Go Ask (Prof.) Alex," "I Fought the Law and the Law Fought Back," and "I Don't Want to Go to Jail." It was rumored that the lyrics to these songs were derived from personal experience. Very close behind in the balloting was magic virtuoso, the ever popular "Amazing Villalpondo." This year, "Amazing's" act was highlighted by a guillotine, the authenticity of which was discovered first hand by Head Judge and Gong Master Prof. Terry Bethel. Other Acts included Kurt, Glen and the Golf'Carts, San-dra Day and the O'Connors, Ron Harris, the Bloomingtori Braumeisters, and the Mr. Frank Show, starring Frank Martinez. Mr. Martinez, the first performer in the history of the Gong Show to be "gonged" all three years in which he has performed, deserves special thanks from BALSA for displaying a willingness to subject himself to ridicule, physical abuse, and possible torture — all for the sake of a good cause. Faculty judges included the aforemntioned Terry Bethel, Craig Bradley, and Tom Kite. Student judges, representing various law student organizations, included Eric Ponader, Greg Jordan, Denise Sejna, and David Lewis. Given the relative paucity of talent displayed by the contestants, the job of the judges was difficult indeed, and they should be commended. A portion of this year's proceeds have been donated to the Denver Smith Memorial Fund. CLS CLS groups have been meeting regularly throughout the semester and will continue to meet next semester at the times posted on the bulletin board across from the library. Newcomers (both students and professors) are always welcome as are questions and suggestions. (Call 336-8644). CLS will sponsor its first question-n-answers discussion on Thursday, Nov. 14. Topic: Can a Thinking Law Student Be a Christian? Hope some of you will have attended. Watch the bulletin board for further announcements. Parents Day a Success (Continued from page 1) tend this function will be with first or second year students and will probably only attend one time, one possible way to change the program might be to have it only once every other year. This will assure a greater response each time it is done and not burden the faculty quite as markedly. 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