February 2003 Docket. Reading Room. Georgia State University College of Law. Georgia State University College of Law.

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1 Gorgia Stat Univrsity Cog of Law Rading Room Th Dockt Pubications Fbruary 23 Fbruary 23 Dockt Gorgia Stat Univrsity Cog of Law Foow this and additiona works at: nstitutiona Rpository Citation Gorgia Stat Univrsity Cog of Law, "Fbruary 23 Dockt" (23). Th Dockt This Artic is brought to you for fr and opn accss by th Pubications at Rading Room. t has bn accptd for incusion in Th Dockt by an authorizd administrator of Rading Room. For mor information, pas contact mbutr@gsu.du.

2 GSU LAW L MAR 4 23 DOCKET DEBATE NSDE Join us for our nxt Dockt K Faturcs...,..2 Dbat on forcd busing. Dat Point / Cowitq~o~nt... 3 aid introducing Profssor wi Ediorias...4 b announcd by mai. Organizations...5 Lunch wi b providd. SBA GSU COLLEGE OF LAW NEWSPAPER Carrs Studnt Voic Voum 12, No. 4 8 pags By Matt Knoop An intrsting fact of th possib war with raq prsnts a qustion to th ga schoars among us -who has what typ of authority in forign affairs? Artic 11, sction 2 of th ~onstitutibn bgins by procaiming th Prsidnt th Commandr-in-Chif of our armd forcs, whi Artic, sction 8 stats that Congrss has th powr to dcar war. Our sparatd systm of powrs dmands such chcks and baancs among govrnmnta branchs that oftn find thmsvs diamtricay opposd. Rcnt history dmonstrats numrous commitmnts of troops to batt1. in spit of Congrssiona sinc,' and this action raiss qustions about our xcutiv offic's prsnc in an ara txtuay committd to th gisativ branch. Prsidntia authority ovr forign affairs has rmaind a cntra issu in sparation of powrs schoarship sinc th xcutiv branch committd troops to th confict in Vitnam. On Januay 3 1st th Gorgia Stat Univrsity Cog of Law wcomd to its annua Symposium a pan of distinguishd schoars to spak about prsidntia authority in forign affairs. Two pans of spakrs discussd various constitutiona issus, and Prof. Jffrson Pow of Duk Univrsity issud a rspons at th concusion of th morning and aftnoon sssions. Prof. Pow has pubishd numrous books on constitutiona intrprtation, and his Mormhg Pan Pai*ticipants, ji to i+gjrt: David Adi; Robrt Dahunty, Louis Fishr, Ti-sa Hosborougz, and Jffiasorz Pow rsponss to th pan discussions favord an ad hoc approach to th spit of authority, with history nding its position to th Prsidnt. H maintains that both Kora and Vitnam wr wars and th Prsidnt's commitmnt of troops to ach indicats th xcutiv offic's authority ovr for2n affairs. During th moming pan two spakrs favord Congrssiona aocation of powr in forign affairs. Prof. David Adr, an author of numrous books on constitutiona intrprtation, argud that if th Foundrs had wantd to crat a monarchy, thy woud hav don so. n choosing to instad crat a rpubic, thy indicatd thir prfrnc for sparation of powrs. Dr. Louis Fishr, a snior spciaist in sparation of powrs with th Congrssiona Rsarch Srvic of th Libra~y of Congrss argud a tx tuaist position. Bcaus th txt givs Congrss th powr to dcar war, th Prsidnt cannot command troops in war unti Congrss has actd. Prof. Robrt Dahunty, th Dputy Gnra Couns of th Whit Hous Offic of Homand Scurity, disagrd compty and favord constitutiona aocation of powr to th xcutiv offic. H advocatd a position basd on contxt. For xamp, th Fdra Army at th cration of th Constitution had svn hundrd sodirs. Th nation facd ncroachmnt on a bordrs. For this rason, th Foundrs intndd that Congrss provid th Prsidnt with th powr to rspond to thrat quicky and fxiby. Trsa Rosborough, a itigation partnr in th Atanta offic of Suthrand,Asbi & Brnnan, providd a practica rmindr that much of constitutiona aw is thoy. Th poitica powr of th various actors in any givn situation dictats th division of powr, which is th product of compromis and ngotiation. Th aftrnoon pan discussd th mans by which powr is aocatd in th absnc of a firm Constitutiona standard. Prof. Phiip Bobbitt, th A. W. Wakr Cntnnia Chair in Law at th Univrsity of Txas, advocatd that Prof. Pow pubish a book on th us of gnra constitutiona princips in crtain Congrssiona procdings, such as impachmnts and confirmations. n this mannr our govrnmnt's foundationa princips woud dictat how Congrss coud qustion an individua. Prof. Na Dvins, th Acting Dirctor of th nstitut of Bi of Rights Law, argud that crtain govrnmnta actions, ik bringing back th draft, woud forc th pubic to bcom mor ngagd in th poitica procss. Prof. Micha Grhardt with th Wiiam and Mary Schoo of Law providd constitutiona and fiistorica anaysis of th fdra impachmnt and appointmnt procsss. Prof. Lash LaRu, th Cass of 1958 Aumni Profssor of Law at Francs Lwis Law Cntr, concudd th aftrnoon pan with a discussion of his xprincs as a tria awyr in Mississippi in th at 196s. H caimd that in ordr to invov th pubic in constitutiona aw, th narrator nds to t a good story. n this way, h nabd pop in Mississippi to rcogniz th bnfits that nfranchising backs woud bring to th South. Th Law Rviw thanks its distinguishd spakn and gusts for a truy outstanding 23 Symposium. By sook Si1vst~or.i~ Th Facts Snat Bi 44 (SB 44), passd in 19!24, rquirs chidrn btwn th ags of 13 and 17 to b proscutd as an adut if th chid is accusd of committing on of th offnss cad th "svn dady sins" in Gorgia. Undr SB 44 th "svn dady sins incud: murdr, rap, annd robbry (with a firarm), aggravatd chid mostation, aggravatd sodomy, aggravatd sxua batty and vountay mansaughtr." Athough chidrn undr th ag of 13 1 can b proscutd as aduts in Gorgia, th dcision to do so is dtrmind by th juvni court, as was th cas for chidrn prior to SB 44. Onc convictd in Suprior Court'undr SB 44, SB 441 attachs and imposs a minimum sntnc of 1 yars without th possibiity of paro. n som circumstancs juvnis coud actuay nd up saving if in prison without th possibiity of paro. Equay grim is th fact that ths chidrn srv thir intncs in adut prisons. DL2 Th Raity Sinc 1994, many hav hopd, prayd and vn obbid for SB 44's th juvnis ar kpt sparat from th rpa, but th gisators wr not wi- aduts. Howvr, parnt aftr parnt ing to istn. Fortunaty, that a changd tod th gisators that thir sons wr on Januay 17, 23 whn Snator in fact bing xposd to and harassd Vincnt Fort sponsord apubic haring by th aduts at Atrnda. On mothr on th issu, in ordr to har from th said, "my son's 'frind' is 46 yars od." community about th ra if ffcts of And a 15 yar-od was tod by a prison SB 44. guard, "if you don't want to b th vic- At 7pm sharp room 3 17 of th tim, you must bcok a prdator." An- Lgisativ Offic Buiding was arady othr mothr, whos son was snt to fid byond capacity. Th rainy wathr prison at ag 15, tstifid that sh paid outsid coud not kp this crowd from xtortion mony to adut inmats in orth opportunity to spak out against SB dr to sav hr son's if, aftr h was 44 to gisators who wr finay wi- dcard th "proprty" of an odr ining to istn. Thr wr 6 gisators in mat and sod for sxua favors. attndanc and th crowd was prima- Furthrmor, a rprsntativ iy comprisd of thos whos ivs, both from th Southrn Cntr for Human profssiona and prsona, hav bn Rights tstifid to an incidnt that hapdircty affctd by SB 44 - mothrs, pnd at L Arrnda prison in which fathrs, sibings, attornys, crgy, and -svra juvnis wr scortd to a judgs to nam a fw. fid outsid and strip-sarchd in front Th famiy mmbrs spok of thir adut countr-parts whi cars about th sam tragic circumstancs that passd by on th sid of th road. A fac kids incarcratd undr SB 44. awsuit is curnty pnding against th n fact, th gisators wr particuary prison on faiur to protct grounds. intrstd in whthr, contrary to th word of th Dpartmnt of Corrctions, Th Answr aduts hav accss to juvnis in prison. Svra mothrs from th or- n Gorgia, L Arrnda ganization Mothts Advocating Juvni prison houss juvnis convictd undr Justic (MAJJ) tod th gisators that SB 44 unti thy turn 17. Supposdy, thy wi not b satisfid unti SB 44 is compty off th books. MAJJ has bn diignty fighting to rpa SB 44 for yars, and thir diignc just might pay off. Mr. Schindr, an attorny with th Youth Law Cntr in Washington D.C., informd th gisators that thr is absouty no rsarch to support SB 44 and othr bis ik it as an ffctiv way to rduc juvni crim. And not-ony is it inffctiv, it dosn't work. Th rsarch shows that juvnis convictd and sntncd in th adut systm ar mor iky to r-offnd and to do so by committing mor srious crims. At th haring, 6 gisators bcam awar of th horrors this bi imposs upon our socity, our famiis and particuary, our chidrn. And as soon as thy bcam awar, thy a vowd to do somthing. Now, w hav to mak th othr 23 gisators awar of th raitis of SB 44. Mayb thn th juvnis in th "justic" systm of Gorgia just might hav a chanc.

3 Pag 2 THE DOCKET Faturs vacy advocats ar concsnd that as it othr fons of ctronic connunicastands now, Fdra aw wi not provid tion. n his cassic nov " 1984," sufficint safguards to protct privacy Th ntrnt transfrs data in Gorg Ow dscribd a word n rights against advancs in monitoring packts, fi-potions ofa unifon siz. which vy movmnt of ordinaty citi- tchnoogy. Th rcnty passd USA A arg fi is brokn into many packts, zns was trackd and tracd by an omi- Patriot Act mandats that onin whi a smar on has fwr packts. nous computr systm dubbd "Big sarchs and sizurs of infonation ar ncudd in th packt ar routing infor- Brothr." H may hav bn about 7 not subjct to th mation, contain in^ - yars off th mark, but many privacy traditiona stan- th addrss's P advocats and civi ibrtarians ar ask- dard of probab addrss and whr ing whthr O~w's vision of th fu- caus, but rathr th fi originats, tur may finay hav com tru. ar prmissib so and som of th ac- Much ik th word of" 1984," ong as Fdra tua fi's contnt. vy movmnt a prson maks onin agnts biv that Congrss and th is tracd and trackd th instant it is th information courts hav misunmad. Evty mai a prson snds, v- sought is "rvant drstood th natur ty post mad on a forum, vy instant and matria to an ongoing crimina in- ofpackts, anaogizing thm to traditiona mssag rcivd and vy wbsit a vstigation." tphon cas. Howvr, this anaogy prson visits is cataogud on ari SP On of th nwst toos in c- is incowct bcaus th routing inforsrvr for an indtrminat ngth of tronic survianc, Carnivor (or mation of a phon ca (.g. th numbr tim. That infomation is usd for a num- DSC 1 as it is officiay namd), is an caing and th numbr bing cad) can br of puposs ranging from rativy advancd monitoring and fitring sys- b sparatd from th contnt of th ' harmss intma markting to stuffing tm dsignd by th Fdra Burau of convtsation. Du to th natur of packinnocnt wb-surfrs' maiboxs fu of nvstigation to countr th incrasing ts, sparation of addrss infomation span Many hav argud that ntrnt us of th ntrnt by criminasand tr- from mssag contnt is impossib. monitoring shoud b mad iga. Ths rorists. Opponnts of th systm argu This distinction is ciucia bargumnts hav bn mt with mixd that it dos not satisfy th particuarity caus of th importanc th courts hav succss givn that courts hav ygt to rquirmnt of th Wanant Caus and pacd on protcting th contnt of comadquaty addrss what, if any, xpc- aso cit th probabiity that th systm munications. Undr Fdra aw, poic tation of privacy a prson has whi us- coud b utiizd to monitor random hav accss to th routing information ing th ntmt. ntrnt usrs in th absnc of prob- of tphon usrs without a warrant. Th vnts of Sptmbr 11, ab caus. n ordr to undrstand Car- Th rasoning bhind this ru is simpy 2 1 and th gisation nactd as a nivor, on must first undrstand how that tphon numbrs do not fa into rsut hav swd to furthr muddy th ntmt transfrs data and how that th catgoy th Fousth Amndmnt is ths arady murky watrs. Som pri- function is fundamntay diffrnt from dsignd to protct. Howv]; undr th Fdra wirtapping aws, poic must attain court approva that is actuay mor stringnt than that of a traditiona warrant in ordr to rcord.actua1 convrsations. This standard is asiy appid to tphon communications sinc th routing information and contnt of th convrsation is asiy sparab; howvr, it is not appicab to ntrnt communications. Nonthss, Congrss has inappropriaty appid th standard of phon numbr tracing to packts in drafting rcnt gisation and as a rsut onin privacy rights may hav takn a, trmndous bow. Dspit th ambiguitis surrounding th issu of onin privacy, on thing is abundanty car: th currnt aw is inadquat to nsur that th individua usr's privacy is not compromisd. t is invitab that tchnoogy wi continu to improv and that coporations, individuas and th govrnmnt wi. hav mor fficint mans of avsdropping on ntrnt usrs. Whi it is urgnt to ' dvop ffctiv toos to monitor and protct against potntia thrats,, Congrss must not forfit th individua's right to privacy in th procss. Congrss and th courts must rcogniz th urgncy this issu prsnts and must mak a concrtd ffort to undrstand th compxitis of nw tchnoogis so that Gorg Orw's Big Brothr dos not bcom a raity. On Monday, Januay 13th, th 23 sssion of th Gorgia Gnra Assmby opnd with many nw facs in and around th Capito, and som havy poiticking btwn both poitica partis ovr adrship undr th god dom Th Dmocratic Pasty sti hods a strong majority in th Gorgia Stat Hous, but thir contro ovr th ntir Capito has com to an nd for th first tim in 13 yars. Th Govtnorship and th Stat Snat ar now in th hands of th GOP du to th Novmbr ctions and som pasty switching that oc- Cntr that incudd a spcia apparanc by Ray Chars. Th rmaindr of th first wk of th 23 sssion was not quit as xciting as Monday's vnts, but continud to kp th Lgisators, obbyists, and staff mmbrs at th Capito on thir tos. On Wdnsday, Govrnor Prdu announcd his c~~rrpd aftr th ---- On Monday morning, Trry ctions. n th budgt proposa Coman a Dmocrat from Eastman, Stat Snat, th for suppmnta was ctd Spakr of th Hous of Dmocrats hav 23 and fisca Rprsntativs rpacing th ong rign- rtaind th tit yar 24. To th ing Tom Murphy who ost his r-c- of Prsidnt of surpris of many, tion bid for th Gorgia Hous in No- th Snat, with th Govrnor anvmbr. Th Spakr's rac was a Liutnant Gov- nouncd tax inhatd contst that bgan aftr th rnor Mark Tay- crass to countr ~mocratic Caucus mt back in No- or prsiding. th stimatd budvmbr and ctd Coman, a ong- Howvr, Eric gt shortfa of standing Rprsntativ and Chairman Johnson, a R- $62 miion for - of th ~~~robriations Committ, as th pubican fiom Sa- th upcoming candidat for Spakr. n th days af- vannah who was ctd Prsidnt Pro- yar. Th Govrnor's proposd tax intr Coman's nomination Rprsnta- Tmpor of th Stat Snat, has as- crass incudd a "sin tax" on cigartts tiv Larry Wakr, a Dmocrat from sumd many of th Lt. Govrnor's pow- and acoho, and a rais in proprty taxs Pny and th Majority Ladr in th rs as th Rpubican controd Snat by owring th currnt proprty xmp- Hous, squard off against Coman for adoptd svra ru changs on th first tion rat. Mixd motions foowd th th Spakr's gav. Wakr was haviy day of th sssion. announcmnt most notaby from Rndorsd by Govrnor-Ect Sonny Pr- Th GOP now contros a ma- pubican Lgisators who wr upst that du, who was sking a furthr incras jority in th Stat snat for th first tim a nwy ctd Rpubican Govrnor in GOP contro at th Capito by pushing sinc Rconstruction. Th grand fina woud mntion th words "tax" and for Wakr's ction to crat a biparti- to th sssion's first dg firworks was "rais" in th sam sntnc. san Stat Hous. Th contst ragd on Govrnor Sonny Prdu's swaring in. Both th Snat and Hous up unti th hours bfor th fina vot, Govrnor Prdu, a Rpubican from adrship spnt much of th first wk whn Wakr's candidacy was finay Bonair, was sworn in as Gorgia's 81st dciding on Committ Chairmanships abandond by th Govrnor-Ect and a Govrnor. Prdu dfatd incumbnt and assignmnts for mmbrs. No signwy forgd GOPDmocratic coai- Govrnor Roy Barns in th Novmbr nificant gisation was votd on during tion. n th fina vot, Rp. Coman ction, and his ction has bn toutd th first wk of th sssion, but ovr dfatd Lynn Wstmorand, a Rpub- as on of th biggst upsts in Gorgia 1 bis wr introducd in th Stat ican from Sharpsburg, by a 19 to 7 poitica history. Monday ndd with an Hous and ovr 2 wr introducd in margin for th position of Spakr of th inaugura cbration for th nw gov- th Stat Snat. Gorgia Hous. hor at th Gorgia Word Congrss As for th top issus this gis- ativ sssion, th budgt is th biggst.issu that vtyon is taking about. Most of th 23 gisativ sssion wi b spnt ttying to baanc a budgt shortfa in th currnt down conomy. Of cours th fag dbat, which is arady on many pop's minds, wi probaby b intsoducd during th sssion, as w as th possibiity of r-opning th rdistricting dbat. Both of ths issus coud probaby mak it out of th GOP controd Snat, but wi b hard to pass through th dmocraticay controd Hous. Othr significant issus that ar xpctd to com up this sssion wi b a r-visitation of prdatoty nding poicis, tort rform rating to mdica mapractic suits, and thics rform. Govmor Prdu has arady issud xcutiv ordrs to his staff rgarding thics rform, and thr is a good chanc h wi push th-lgisatur to do th sam. Th Gnra Assmby was in rcss for th wk of January 2ch to aow tim for Appropriation harings. Th Lgisatur r-convnd on Monday, January 27th for th 6th day of th rquird 4-day sssion. Th Lgisatur assmbd Monday vning to har Govrnor Prdu's Stat of th Stat addrss. This yars sssion wi b an xciting on to watch, so stay tund!

4 Pag 3 THE DOCKET. Fbruary 23 Countrpoint By Brian Mc Carthy. n 1992, th Suprm Court struck down forcd busing in th cas of Frman v. Pitts, 53 U.S Th court iustratd that whn th schoo systm bgins with a good faith basd commitmnt to dsgrgation and th rsgrgation is basd on privat choics, thn th actions do not hav constitutiona impications. Studnts shoud not hav to bbusd across th county or city in ordr to assur a dsgrgation v. Many communitis tak of th "whit fight" to suburban aras and support that th rsuting rsgrgatd schoos must b rmdid by th courts through forcd busing of th studnts. As th court in Frman iustratd, if rsgrgation is th rsut of fr choic, i.. whr to iv and rais your famiy, thn ths actions do not prsnt any constitutiona impications and cannot b rmdid by th courts. A of this, of cours, assums a good faith adhrnc to dsgrgation by th schoo systm. Th schoo systm in Frman was actuay DKab County hr in Atanta. Th schoo systm had iustratd a good faith adhrnc by minority hiring practics and dis- PONT: BUSNG SHOULD NOT BE USED TO OVERCOME DEMOGRAPHC FACTORS tribution of funds toprdominanty mi- coms to raising a famiy and choosing nority schoos. As a rsut, th vioations a community. Human bings naturay which occurrd in 1969 bcom too at- gravitat to nighborhoods and commutnuatd for th court nitis with whom thy to find that thy wr shar common vaus. A th dirct caus of any famiy shoud b aowd currnt rsgrgation. to choos a nighborhood Justic Knndy ius- basd on thir own famiy tratd this pbint in vaus and' thn xpct Frman by stating "as that thir chidrn-back th d jur vioation or whit-wi not b bcoms mor rmot busd to som othr comin tim and ths d- munity in ordr to assur mographic changs in- a racia baanc. Many ditivn, 'it bcoms ss vrs and succssfu comiky that a currnt ra- '. munitis ar basd on dcia1 imbaanc in a schoo district is a mographic choic rathr than any sort vstig of th prior d jur sustm." ofc'whit fight." biv that th Suprm Court Th basic argumnt for.forcd mad th right dcision in iminating th busing cntrs around th bif (and forcd busing practic for a varity of raity in many cass) that th minority rasons. First, pop shoud b aowd schoos rciv ss funding than thprto iv and rais thir chidrn whr thy dominanty whit suburban schoos. On choos. Scond, thr ar othr rm- rmdy, instad of forcd busing, that dis avaiab to th court and commu- th court coud instrumnt woud b a nitis bsids forcd busing. And third, chang in how th schoos ar fundd. thr ar studis which actuay show Currnty in Gorgia, as is th cas with that Brown.rmdis hav som tims most stats bsids Caifornia, th hurt th ducation which minoritis r- schoo systm for acommunity is fundd civ. through th oca proprty taxs. Thr- Th bottom in for m rvovs for, th wathir th ara, th bttr around a frdom of choic whn it th schoo systm. W, what if th proprty taxs wr pood togthr and thn distributd quay to a th schoos? Woudn't that assur a guarantd v of quaity without any forcd busing? Lasty, according to an artic by Jacquin rvin, "Back Studnts and Schoo Faiur: Poicis, Practics, and Prscriptions," som studis hav indicatd that back studnts' ducation may actuay b hurt by som factors ratd to intgration of schoos. Ths findings incud back studnts may os confidnc and prform mor poory in intgratd schoos than in aprdominancy back schoo bcaus of factors incuding poor tachr attituds, ack of ro mods, and biass in th administration. f ths studis ar found to b scintificay accurat and rpatab, which is mor important to th minority studnt, dsgrgation or cassroom ducation and prformanc? - '!$v?im.~dtir~s 197s, many stats incuding Gorgia trnds. found a soution in busing systms. Un- Th ong and dp-rootd hisv ~ s stand hr and ook out drthis Suprm Court-authorizd pro- toy of racia subordination in this counth thousands of~gro facs, and gram, back chidrn ar busd to pr- ty is bing ignord, and instad w ar th thousands of whit facs, intr- dominaty whit schoos and vic-vrsa. bing fd socia and ga faacis that ningd ik th watrs ofa rivr, s This systm was th prvant mthod stat that ga quity is th sam as ony on fac - th fac ofth futur." of nsuring intgration, and njoyd a actua quity. Th ffct of this ogic is Martin Luthr King, Jr. spok high v succss- an ssntia "throwing up of th hands"; ths infamous words bfor a Youth Now, ovr four dcads aftr as ong as th Stats ar not opny sup- ~~~~h for intgratd schoos on ~ ~ Brown, ~ ipubic schoos in this country ar porting sgrgation, thr is nothing that 18,1959, ritrating his dram for racia mor raciay sgrgatd than bfor d- th aw can do. intgration. sgrgation programs bgan to tak f- f this wr tru in actuaity, th n 1954, th suprn court fct. A study by Harvard's Civi Rights dcision rndrd in Brown woud hav mad grat strids towards gtting this Projct of schoo po~uation Pattrns no tth whatsovr. nstad, schoo nation on stp cosr to an intgratd finds that whit studnts in th US com- systms shoud tak th ncssaty afsocity with its historic ~ing on Brown ~ds 6~rcntof ~ubic-schoo popua- finnativ stps to nsur th dsgrv. ~~~~d of Education. ~ fsing t vi- ~ tion ~ and go to schoos whr 8 pr~nt gation of our pubic schoos. Thr ar dnc that sg&gation rsuts in apoorr of cassmats ar whit; and backs, svra rasons why th govtnmnt of ducation and th owring of Latinos and Amrican ndians aso gn- must continu to b invovd in schoo th sf-stn of minoity chidrn, th dy go to schoos whr thy ar ma- dsgrgation. Court found that sparat cannot b joi@. Fiwt, in Brown v. Board of Eduqua undr th Constitution. Back studnts now typicay go cation, th Suprm Court cary r- ~f~~~ dsgrgation was man- to schoos whr fwr than 3 1 prcnt jctd th sparat but qua doctrin, datd, it bcam that pop woud of thir cassmats ar whit, th nw hoding instad that sparat ducationa not honor th aw unss it was nforcd Haward study found.that is ss con- faciitis ar inhrnty unqua. ndd, by th govnmnt. Tn yars aftr th tact than in 197, a yar bfor th Su- th Court prmisd its hoding on th in- Brown dcision, ony 2.3'~ of back prm Court authorizd th busing that quaity ngndrd by intangib facschoo chidrn in th South wr attnd- bcam a prinay way of intgrating tos. According to th Court, sparating ing intkatd schoos. ~ h and forc ~ SC~OO~S. ~ ~ This t is bcaus ~ courts continu chidrn on account of rac "gnrats wr usd to kp schoos sgrgatd; to dcras mandatd intgration r- a fing of infriority as to thir status th stats and its citizns wr in opn quirmnts for schoo districts undr th in th community that may affct thir dfianc of th nqw dsgrgation aws. bif that such wd sgrgation is harts and minds in a way uniky vr Ths trnds continud unti th not th ~ ZSU~ of ittttina g O ~ ~ ~ to ~ b undon." ~ t n 1968 th Suprm nnt was forcd to intrvn. n th action, but of uncontroab socita Court confimd in Grn vs. County Schoo Board ofnw Knt County, Va., that schoo boards had an "affirmativ duty" to nsur "racia discrimination woud b iminatd root and branch." Th sam is iv now as was tru thn. Scond, a w dvopd body of rsarch supports that dsgrgation, at ast undr crtain circumstancs, has producd tangib ducationa bnfits for minority chidrn with no dtrimnt to whits. Controing for th rvant masurab variabs, schoo dsgrgation appars to incras ducationa achivmnt for minority studnts and nhanc thir "if chancs" as masurd by a varity of socia indicators. Guiy Oijid, Susan E. Eaon, arzd Th 'Huivurd Prujci on Schoo Dsgrgaiion, Dismaniirig Dsgsguiori: Tz Qif Rvisa qf'bi.owri v. Board uf Edmaiorz ( 1996). This 'countty has mad grat strids towards ducationa quaity sinc th dcision in Brown, and w can hop that thr wi b a tim whn intgration may somday ndur without a forcd govrnmnt ffort to prsrv it. Yt, it woud b naiv to argu that tim has com. Thirty yars may sm ik a ong tim, but in th history ofamricaon th hs of 9 yars of Jim Crow and 2 yars of back savry-it's nothing. ronicay, busing wi bcom unncssary ony whn no on continus to oppos it.

5 Pag 4 THE DOCKET Fbrua~y 23 Editorias By Brian McCarfzy Managing Edior am not sur about th 1L or 3L cass, but hr in th and of 2Ls w hav had a pthora of rcnt ngagmnts announcd by happy studnts. Upon brif momnts of rfction, hav dcidd to d-cassify many of my scrts rgarding th surviva skis ncssary to actuay mak it through th wdding panning and gt marrid on that spcia day. Just so vryon knows whr my vast xprinc coms from, on March 2nd wi hav bn marrid a of m yar. Now, sur that dos not rprsnt any sort of mdaion annivrsaw -. by any - mans, but was ab to trick my wondrfu brid into saying " do" aftr ight ong months of wdding panning. That in and of itsf is on hck of an accompishmnt. Thrfor, f it is my duty, my rsponsibiity, to tak som of ths young hopfus undr my wing and guid thm to th wondrh institution of marita biss. First and formost, gntmn, nvr, and man "NEVER, say th words " don't car." Whthr it is a rcption chair covring that is whit or bon, biv m - you car. You must SURVVAL TPS FOR aways b awar of th fact that whi you hav spnt a of fiv minuts thinking about th crmony, your ovy bndto-b has bn draming, thinking, contmpating hr wdding day sinc sh was a 4th gradr and got to b a fowr gir for som distant rativ. f you say " don't car," thn that mans that you do not car about th wdding which in th gir's mind mans that you-ar having scond thoughts and that is not a convrsation you want to hav in th midd of th Rich's brida rgistry dpartmnt. So guys, you can s th tight rop that you wi hav to wak for th nxtsvra months. On on sid you do not want to gt too invovd, bcaus thn you coud b spnding hours choosing which typ of napkin wi bon th tab. Or wors, you coud b accusd by th futur brid of "taking ovr" th wdding and trying to mak it just ik your frind's wdding that th two of you wnt to a fw months ago. - Onth othr sid is th forbiddn " don't car." Th asist way to surviv is to ask your ovy brid-to-b for hr top thr choics in vrything. Thn you can pick which on is your favorit and you hav don th rquisit participation and shown a modrat v of intrst in which siz win gass to rgistr for. You can appy th "Rank- EDDNG PLANNERS ing Mthod" to any of th mundan -choics you wi b facd with in th comkg months: napkin siz, napkin' ruff ngth, - tabcoth ngth - ovr th rcption tabs, fin china sctions, vryday china sctions, fin sivr, viyday sivr, crysta, vryday ciysta, fin pots, viyday pots. You gt th ida. Whi th "Ranking Mthod" did manag to kp m san ovr thos ight months of wdding panning (that's anothr thing, mak th ngagmnt as short as possib, mayb vn op to Vgas if sh is up for it. But ony ask for this ONE tim), th scond most important scrt woud b to rgistr at a th stors on th sam day. Othrwis th procss coud drag on for months. Hit a th stors-rich's, Ross Simons, Crat & Barr--on th sam day. Now, you may nd som major guy tim aftrwards, but it wi bworth it whn it is a don and you nvr hav to do it again. Som of th stors actuay ar not a bad - at Rich's you vn gt this itt gun thing, but unfortunaty no hostr. Third, you want to try and kp your mothr out of it as much as possib. Thr ar going to b nough comparisons ovr your if tim and a kinds of Odipa rfrncs that you do not want to hav thm bgintwo wks aftr you gt ngagd. Off th top of my had, th most obvious instanc occurs whn it coms tim for your mothr to divr hr gust ist to th in-aws. f you ar ucky nough to hav an infinit numbr of gusts, fin. f, howvr, your famiy's maximum numbr is 175, mak sur your mothr's ist dos not rad 225. Your mothr wi hav pnty of othr opportunitis to pan a wdding, mak sur sh dos not tramp1 on your finac's, it wi mak mattrs wors if you hav to gt btwn thm at a. And finay, pan th honymoon so that you av as soon as possib aftr th rcption. f that mans waking up at th c~ack of dawn to catch a fight, thn do it. Whi th brunchs and things ar a grat tim to say ho to od frinds that you sur as hck did not gt a chanc to tak to during th rcption, you ar missing vita bach tim on som isand with an umbra drink if you choos to go to thm instad of catching that first fight. Abov a rmmbr, whn you turn around in th church to b introducd, you wi not b happy about th wdding crmony, tc., you hav accptd that fact a ong tim ago and hav had th ntir ngagmnt to b happy. You wi b happy bcaus th wdding panning is ovr.

6 Pag 5 THE DOCKET Fb~uary 23 Organizations ASSOCATON SPEAKER Bv David Ris On Novmbr 13,22, Dr. Robrt R. Fridmann, a profssor in Gorgia Stat Univrsity's Crimina Justic program, spok about th confict in th Midd East and what that confict mans for th Unitd Stats today. Th Jwish Law Studnt Association sponsord this timy program. Dr. Fiidmann, who spnt nary haf of his if in sra bfor coming to th Unitd Stats to attnd graduat schoo and tach, opnd th program by discussing th historica factors bhind th cration of Pastin and sra. H said most of th historica factors wr not rigious but actuay go-poitica. bcaus in ancint tims th Midd East was th "cntr of th word," or, as Dr. Fridmann anaogizd, th comr offic with th bst window. Whovr possssd this rgion had th most contro. H said that importanc is now starting to dcin. Dr. Fridmann paid particuar attntion to th Roman occupation, th Ciusads, th Dryfuss cas, and th ky dvopmnts in th 2th cntuy, incuding th partition in 1948 and th attacks on sra in 1967 and 1973 (th Yom Kippur War). Aftr aying out th historica -background, Dr. Fridmann discussd why th confict in th Midd East is so important now. H criticizd th Pastin Libration Organization, as w as othr Arab countris in th ara, for thir "stratgic, conscintious dcision to us vionc for a bttr shar of th pi," and h said that Arabs ar now ngagd in a zro-sum gam. For th Unitd Stats, this confict is important bcaus th forms of vionc usd in th Midd East can b usd and copid hr. t is asy to ook at th suicid bombrs in T Aviv and anaogiz thm to th snipr and anthrax attacks in th Unitd Stats. t is vn asir to mak a connction to th vnts of Sptmbr 1 1 th. Dr. Fridmann said that th Unitd Stats' fixation on individuas, such as Osama Bin Ladn and Yasir Arafat, is wrong. Th Wst shoud focus on stratgis and intractions to sov th probm. Th Unitd Stats is facing this probm currnty with th confict with raq and th war on trror, which xprtsprdict coud ast btwn fiv and thirty yars. Dr. Fridmann concudd by answring a qustion in rgard to what sra is wiing to giv up in th strugg. H rpid, "f sra aows itsf to commit suicid, th Wst is not far bhind. sra is th canary in th minshaft for th Wst." Dr. Fridmann audd to pastdbats h has had with Arabs in simiar forums, and h said that thos dbats oftn bcam motiona instad ofintctua. Hr, Dr. Fridmannportrayd this vry motiona topic in a rationa and objctiv way that might not hav bn possib in a roundtab format. Ov,V%A(hc~c, 7bni Jons th visiting studnts wr shown th introducto~y fim shown to a prospctiv Studnt Associa- juron that xpains th dutis of a juror. tion (STLA) mmbrs Jim Wa and Thy thn wnt to Judg Hnry Lanc Tyr gav a mock tria dmon- Nwkirvs cou-troom whr th Judg stration to approximatiy 4 intrnationa orsidd ovr th mock tria dmonstra- mock tria dmonstration for visiting studnts. Th studnts com to Atanta undr th auspics of th Atanta Ministy for ntrnationa Studnts. Th Ministy sponsors th studnts ovr th Christmas brak bcaus thy ar not ab to rturn to thir nativ countris. Thy iv with host famiis and hav tours of Atanta. On of th highights of thir stay is th tour of th Futon County Courthous and th mock tria dmonstration. Fw counttis hav tria-by'-jury. n fact, ovr 9% of a jury trias tak pac in th Unitd Stats. During th& tour of th Futon County Courthous, Cog of Law at thnationa Tria Advocacy comptition at Michigan Stat. Thy did an outstanding job, finishing fifth in th comptition. n fact, GSU was th ony tam to bat Forida Stat. Howvr, sinc Forida ~tat'had mor ovra points, thy advancd to th fina four, and subsqunty won th Nationa Championship. Jim and Lanc prsntd various aspcts of th comptition's murdr tria to th intrnationa studnts, who marvd at thir advocacy skis. Th studnts again ratd this program hostd by STLA as th bst part of thir stay in Atanta... By fiacy Atnzan What is th rationship bfaith and ga1 thinking? And how dos on's faith affct on's day-to-day practic of aw? As a cutur, w tnd incrasingy to think of faith as an ntiry privat and subjctiv thing--usfu for on's own comfort and njoymnt, - and prhaps aso to inform on's sns of prsona thics, but of itt appication othrwis. But for th 'Christian, th mattr can't b ft at that. Th primary commandmnt givn in th Judao-Christian Scripturs--"You sha ov th Lord your God with a your hart, with a your sou, and with a your mindv--is unimitd; it appis to vry prson, in vry pac, tim, thought, word, and dd. Th Christian Lga nighbor. n Provrbs 8: 15-16, th pr- govrnmnt, and of th natur of aw. Socity has concntratd this yar on sonifid Wisdom dcars, "By m kings On January 29, oca paintiffs undrstanding how our ov for God--a rign, and rurs dcr justic. By m attorny Tom Brown spok to us about ov possib ony by His origina princs ru, and nobs--a who judg th way in which th Christian's faith and ovrwhming ov for us--works righty." n th sam chaptr, this sam and ov manifst thmsvs in th itsf out in our of aw, Wisdom is shown to b th wisdom by cours if vryday practic. Mr. Brown and in th way w wi approach our which a of US ought to ad our ivs, focusd on th importanc of an practic aftr aw schoo. and th wisdom by which God cratd attorny's rationship with his or hr ci- Throughout th fa smstr, vrything that xists. That a thr. nt; h notd that it was asy to gt ost w conductd a study in which w x- woud b th sam wisdom is starting in th work and os sight of th prson, amind Bibica princips of jurispru- nough to th contmporary mind; but and urgd us to kp an trna prspcdnc. ~t's asy nough.to tak a "ri- thn, in John 1 :3 and 14, w find that this th. "Non of th motions you fi, non giousw position on a ga issu (sp- Wisdom is no mr abstract systm, but of th argumnts you mak wi go on to ciay a controvrsia on); but th ov th Word through Whom "a things cam trnity," h said. "Th pop, thy go of ~ omovs d us to go dpr--to find into bing" and Who "bcam fsh, and on." H warnd us against th asy pitth foundationa tmths on which a our dwt among us." That is, Wisdom is not fas of grd, angr, and dishonsty, and thinking shoud b basd, and thn to imprsona "rason" or "ogic," but apr- rmindd us that to yid to thm was to buid up that thinking in ov--first for son--christ. From this starting point, w dissrv th cint in numrous ways. ~od, and thn, consqunty, for our discussd th Christian viw of man, of

7 Pag 6 ' THE DOCKET Fbruary23 ' studnt Bar Association As th spring smstr movs into fu-gar, your Studnt Bar Association has organizd anothr packd smstr of activity. n honor of our 2th Annivrsary, w'r continuing our tradition of xcnc through historicay succssfu programs and nhancing that tradition with nw SBA vnts. n Fbruary, w hop to bgin a nw tradition hr at GSU Law with our "Facuty and Staff Apprciation Rcption." Athough a of us ar gratfu for th trmndous fforts of our profssors, our administration, and our aw schoo prsonn, it is not vryday that w tak th opportunity to xprss our admiration. On Thursday, Fbrua~y 2, pas com join us in giving thanks f?om 4: unti 6: in th Wst Ha Exhibit ara on th scond foor. n th spirit of community srvic, w ar panning a scond "Party with a Purpos" on Friday, March 14th. Athough th party wi hav a St. Patrick's Day thm in cbration of uck and fortun, th SBA wi b cocting homss shtr suppis for thos who ar not as bssd. Coctions wi aso b accptd a wk for thos who ar unab to attnd th vnt. Additionay, March wi provid an xcnt opportunity for ntworking, as th SBA works to coaborat with th Atanta Bar Association on two vnts. Athough th dats and tims ar sti bing finaizd, w hop to hav a rprsntativ of th Atanta Bar divr a prsntation on th bnfits of bcoming a mmbr, foowd by a socia rcption whr currnt Atanta Bar mmbrs gt to know GSU aw studnts. Finay, our annua Law Wk tradition has bn st for March 31 through Apri 4. Athough it is sti months away, w'v arady bgun th prparations to mak our annivrsary yar spctacuar at our first Law Wk Panning Mting ast month. This yar's thm wi focus on changs w hav sn ovr th ast 2 yars, in our schoo, our aws, and our country. W wi aso tak spcia notic of th ro that ba- anc has payd in shaping ths changs. Studnt organizations hav. arady bgun working to arrang spakrs and activitis for this aw schoo tradition. Th spirit of this tradition bgins at our Law Wk Kick-off Party on Friday, March 28, and cuminats in th spctacuar Barristrs' Ba on Saturday, Apri 5th. Fbmarv 3 - SBA Mting (4:3-6) in Room SBA Mting (4:3-6) in Room FacutyStaff Apprciation Rcption 4-6 (Pd foor Wst Exhibit Ha) Spring ABA Mting in Nw Orans Spring SBA Ection Nominations Accptd Spring SBA Ection Ca~npaigning 25 - Townha Mting (1 2-1) and (5-6) March 1 - SBA Mting (4:3-6) in Room 17 Spring SBA Ections bgin 14 - St. Patrick's Day Party with a Puvos 17 - SBA Mting (4:3-6) in Room Dadin for Studnt Orgaiiizatio~is of th Yar Appications 26-1L Library Jumpstart Program Law Wk Kick-off Party (7-?) 31 - Law Wk bgis 4J-J ' Law Wk (cont.) 5 - Bamstrs' Ba 7 - SBA Mting (43-6) in Room 17; Transfu Adninistrations

8 - Pag - 7 THE DOCKET Fbruary 23..**..a*.. Carrs N CELEBRATON OF TS 2TH ANNVERSARY Voum 12, No. 4 GEORGA STATE UNVERSTY COLLEGE OF LAW PRESENTS Fbruary 23 BOARD ASSOCATE JUSTCE OF THE UNTED STATES SUPREME COURT A FEW LTTLE KNOWN PAGES OF SUPREME COURT HSTORY o Editor-in-Chif o SPRNG 23 HENRY J. MLLER LECTURE o Jrri Nims THURSDAY, FEBRUARY 13, 23 a Managing Editor Brian McCarthy ' StudntQ &A 32nd Hnry J. Mir Lctur :. 2:3-3:3pin 5:3-6:3Opin f. Chif Lay.out Editoi-. -. Frankin Lmond Urban Lif Auditorium Gorgia Stat Univrsity : 3rd Foor Urban Lif Cntr Riato Cntr for th : EDTORAL BOARD : A GSU Studnts Prforming Arts. Print Layout Editor ar Wcom 8 Forsyth Strt NW, cornr Btty Nguyn of Forsyth and LuckiStrts : Onin Layout Editor Fr and Opn to th Pubic.. MEMORS OF A G.SLU LAW ALUM : L Shhous!v 'm1 Viguos ing and fanning. HOW much can thr th systm, ifyou don't hav ajob to do. : SiA Faturs / Organizations Editor. a.* Ky Ksnr ' Editor Photographr.: C'nss of 1996 '. - b for th ~gisativ Couns to do? Th Govrnor dspiss us, b- Erin Baird - : Actuay, aot. Th Govrnor caus w don't t th Lgisatur to ro rnmbr bing at th co- rguary ignors th Lgisatur and th ovr whn h shovs. Som of our dfi-. Carrs Editor g of L~~ whn th ~~~k~~ cam Constitution, whn thy gt in his way. anct coms from our background in th Bn Wadn out with its fist issu. ~ ~ ~ ~ was i SO n whn ~ hh i snt ~ down ~ a bi that gav Gorgia pubic dfndr systm. Som taching civ pm. T~~ J~~~~ was himsf a saary incras, h didn't x-.f it coms from confidnc w arnd : o Photo Editor coaching th mock tria tams. pct th Lgisatur to dfat it.. in mock tria comptitions..w know Jonathan Cmnts Hogu' was dropping brad Kosra has a Constitution, a- what th burdns of proof and prsua- : - cutnbs for th sowr of us to foow, most congrunt with th U.S. Constitu- sion ar a about. WRTERS 8 in our ffot to th basics tion. Th Kosra Constitution imits sa- ' t's aso kind of fun, but disturb- L~~ 1. D~~~ th cog of~aw ay incrass for th high ctd offi- ing, to gt fird by th Govrnor. H : Staff Writrs ofcon sti offr that nost xcnt sris of cias of ach branch ofgovrnmnt. This fird Rhonda and ast yar in a pair of Erin Baird couss~ ~h~ xrciss hav infuncd is basic aw. Our advic to th Lgisa- ttrs suitab for framing. Th Lgis- :. Jonathan Cmnts o tur was, don't pass th bi; it's uncon- atur wnt to Court undr th Spara a my ga documnt draftings. f Ky Ksnr What L woud think any of stitutiona. tion of Powrs Doctrin. Th Court Frankin Lmond that woud actuay mak th diffrnc On bhaf of th Govrnor, th grantd apriminary injunction. A har- f Brian McCarthy in ra practic? H~~~ am in th Attorny Gnra sud th Lgisatur, ing is schdud for at Fbruary. David Rittr nidd ofth wstm pacific and that asking th Court for dcaratoy rif. cannot rcommnd th pacific Brook Sivrthorn basic stuff is th bginning and nding H wantd th Court to advis th Lg- isands as a wondrfu and of opportu- of practic. out to isatur that a hypothtica amndmnt nity, othr than in th aras ofgrd and : contributing Writrs This ssu i ~, i a yar ~ and ~ a haf ~ ago, ~ to to ~ th ~ Govrnor's i ~ dfatd bi woud corruptiqn..th Lgisaturs ar oftn.. Tracy Atman av th fistrations of th pubic d- pass constitutiona anaysis. Our advic compt, or drict in prforming thir : Lawrnc Ditrich fndr systn bhind. cam with to th Lgisatur, mov for dismissa for dutis. TO practic aw hr, to maintain David Dorsy. a Rhonda Byrs, anothr Cog oflaw ack of Subjct Mattr Jurisdiction. Hr. basic constitutiona, mora and thica Tom Jons c aum. Th Kosra Stat Lgisatur w ar, in th Wstrn Pacific, rvisit-. princips, can b xhausting. Matt Knoop o offrd us both jobs. W both'wantd ing basicciv Pro. On th othr hand, anybody who Jon Pann to work, wr ooking for a chang, fig- You might think that th highst wants to com out hr wi find pnty Pau vignos urid w woud hav itt to do apart ranking aw nforcmnt offic in th to do. Th pop can us a th prin- : th xpctd drafting of bis, Stat *odd hav a grasp of basic ga cipd advocats thy can gt. Stat- FAC~TYADVSOR - an&dmnts, rso&ons, mmos, and princips. You woud b wrong. Th. 'sid awyrs wi aso find pnty ofjobs., 'Prof. Charity Scott ttrs. W grossy undi.stinaid th Attorny Gnra's offic has no mor Nary vry isand stat or nation Sus- :.* potntia. 9 rspct for th aw than th Govrnor. tains a high turnovr of U.S. awyrs. Th Dockt is pubishd by th : Pictur ~osra Stat - a sing Living in a tropica paradis For m, th bst part of bing Studnt Bar Association of Gorgia vocanic rainforstd is+& with amund sounds a ot bttr than sogging it out in - hr is hping th Lgisatur to undr- : Stat Univrsity Cog of Law. A : 35 inchs of rain a yar. Th word's th poutd air ofatanta But, Tropica stand that it must b strong in ordr for studnts ar ncouragd to submit r bst ims, frsh Sashimi, warm tropi- sands ook bttr th furthr away you th constitutiona systm to work right. f artics for pubication. Pas submit f stay.from thm. You don't s th tiash. ' ca watr; a paradis haf way btwn f th bst amounts to a dram, f artics to Hawaii and Austraia; an conomy You don't s th incomptnc. You sti 'm oving th rain, th sashimi and thdockt-gsu@~ahoo+com.. basd on th munificnc of th U.S. don't s th womn kpt as scond ims, my nighbors, and a th storis - r t is Th Dockt poicy that a. Congrss, othrwis subsistnc fishcass citizns. Thn too, you don't rank ' hav to t my grandchidrn. f submissions ar subjct to diting and : ; spac imitations. W mak vry ; f ffort to pubish storis submittd : by th dadin, with priority to th arist submissions. : f Th viws and opinions containd : a hrin do not ncssariy rfct : thos of th facuty and studnt : body of th Cog of Law, th : SBA Board or th ditoria staff of Th Dockt.. Dirct qustions and commnts to: f thdockt~gsu@yahoo.com...5*~*..,.

9 Pag 8 THE DOCKET Fbruarv 23 AMERCA EEDS AF RC EP By David Doi-sy Considr thr hrsis. Nothing in Africans' gns or charactr warrantd Amrican nsavmnt, idoogicay and matriay th worst in human history, which for many ndurd unti th mid 2~ cntury. Nothing in our bhavior warants incarcration now in prcntag gratr than any othr thnicity on arth. 'Civi Rights' has ngndrd a r-sgrgation mor aarming than savry itsf. Ths hrsis vioat Amrica's invincib myth of our gnric infriority. (Amrica dfins itsf as a nation of immigrants from th who human rac. Pus 'African Amricans'.) Th Rparations Movmnt confronts this duaism, and ignoranc about our past and prsnt, sking th rdrss which woud attnd acknowdging th facts. Prsnty this Movmnt is th ony Caus which draws agianc fkom vry rgion, profssion, and conomic, ducationa and socia status: unmpoyd, imprisond, ntrprnurs, poi- ticians, awyrs, doctors, cbritis, th homss, studnts. And nary a nonback ay. Howvr, rparations (and apoogis) ar grantd to Japans, Jws and othr non-back victims wordwid. considr two paradoxs. Extnsion ofjustic to backs is prcivd to rquir grat injustic to othr Amricans. Entty of African Amricans into any fact of th cutur imps gratr opprssion of most. Th Movmnt sks first a symboic acknowdgmnt of th past and prsnt horrors. Thrfor, it now concntrats on taching both othr Amricans and African Amricans that our currnt travai is a manifstation of th sam Amrican phiosophy as was savry. Excpt in prisons, Amrica has rnouncd ovrt saviy but non of its prmiss. f that wr undrstood th Movmnt bivs that rparations, that is, rdrss woud foowwiingy. f this ducationa stag was succssfu, Amrica's formuation of pubic poicy, incuding backs (for th first tim gnuiny), woud dsign programs of rdrss. No on knowdgab in th Movmnt, think, proposs arbitray grants to individuas. ' That woud ony rinforc th myth and th aination. Socia programs dpndant on such awakning in Amrican sf-prcption ar asy to imagin yt impossib to imagin occurring - univrsa quitab hath car; rform of crimina aw from cop, proscutor, and war- $n to Suprm Court by invnting and nforcing human, constructiv, quitab standards for th xrcis of discrtion; schooing~which nabs vyon to arn and iv at a v Amrica prcivs to b minimay fufiing; tc. Spcia programs, "Rparations" for back Amricks, ar ndd to rdrss xisting grotsqu disparitis. Thy woud cost untod miions. But two ironis about cost aris. First, rparations woud cost immasuraby ss than th astounding pric that Amrica pays to maintain its myth and our cast. Prison, for xamp, costs mor pr pr- son than cog; mrgncy wards ar mor than prvntiv hath car; crim mor than 'wfar.' Amrica woud sav mony by rdircting xpnditurs away from opprssing us (with crippd xcuss) into rpairing th dvastation currnty infictd. n constructiv Rparations for back Amricans thr's god for a Amricans. Scond, rdrss for us cannot b fuy achivd without aso addrssing profound dprivations visitd upon many othr Amricans. f ra ducation, hath car, adquat wags and working conditions, and a smbanc of justic dos not bcom pandmic, th myth of our unworthinss wi undrmin a backprogrss, just as it has corruptd Affimativ Action. Evryon woud b bttr off if Amricans wr not msmrizd by th untruth that god and Natur comp th subordination of thir back compatriots. Prsonay, doubt that th Rparations Movmnt can succd - bcaus an indirct consqunc woud b a dcnt nation. Patriotism, howvr, rquirs m to try it. By Lawrnc Ditrich W hav a hard th saying that th third yar bors you to dath. W, fiv of us 3Ls dcidd to hav non of that this past smstr. What bttr way to kp from bing bord to dath than running a marathon. Or so our notion wnt. W a knk that onc schoo nds this summr, our schdus wi chang drasticay. Work wi bckon. No ongr wi w hav tim on Friday mornings to fit in a quick io mi run. No mor aftrnoon naps. Famiy and work dadins wi bcom morprssing than a marathon finish in. So w sizd th momnt and chargd ahad. Th xprt among our group, Tara Kinny, comptd th Atanta Marathon on Thanksgiving Day ast yar. Th marathon incudd a rout right past th aw schoo doors. This was Tara's third marathon and sh finishd it in undr four hours - 6th in hr ag group. For th rst of us, finishing was th goa. Brian Nichos, Say Cardn, Lindsy Churchi, and mysf choos th Kiawah sand Marathon ip Kiawah s; and, South ~aroina. This marathon is bid as on of th fattst marathons in th country - xacty what w wr ooking for. Who nds th his of Atanta to furthr compicat running 26.2 mis? Unfortunaty thmarathon happnd to fa ight in th midd of xams -but it was just a quick jog around an isand, right? t woud b a nic brak from studying. Whi Brian Nichos had prviousy run a marathon, for Say, Lindsy, and mysf it was our first. Our training startd four months prior to th rac, usuay six days a wk for most of that tim. Having frinds push m to kp going during th training was th ky. coudn't giv up without vryon finding out and harassing m - so it bcam just asir to grin and bar it and kp running. For four ong months unti finay it was rac day. But w a succdd in finishing - with tims ranging btwn four and fiv and a haf hours. Th ra goa w achivd this past smstr was simpy stting a goa and striving for it. Law schoo is an intns tim - fu of strss, xams, rading, xtrnships, finding tim for famiis and frinds, job hunts,-and so much mor. But in raty, it is aso a ast tim of fxib schdus and random chunks of fr tim sprinkd throughout th day. W chos to fi som of thos voids with marathon training. But th ky f o~ a of us is to mak sur w fi thos voids with somthing maningfu - othwis that tim wi simpy sip away. W chang ach of you to st a goa for nxt yar (or th rst of this smstr) -whthr that goa is simpy spnding mor tim with famiy, catching up on missd pisods of Sx and th City, running a marathon, or whatvr s catchs your fancy. Tak advantag of th tim w,hav hr at aw schoo and don't graduat thinking 'what if. Happy running! ~ ii~~ - 1 Upcoming Comptitions MOOT COURT, Spong: Fb Civi Rights: Fb. 27-March 1 First Amndmnt: Fb ABA: T.B.A. Wagnr: March 5-9 Evans: March 28-3 Evidnc: Apri ntrastat: T.B.A. Moot Court Board Mmbrs wcom nw Candidats with karaok madnss! L-----~