{ prima facie }}

V O LU M E 4 , I S S U E 2 , S p r i n g 2 0 1 1 - Te m p l e U n i v e r s i t y B e a s l e y S c h o o l o f L a w

TEMPLE University Te m p l e ' s L e g a l Fa c e o f t h e N e w s

Beasley School of Law

2011: the year of madness

 Page 1
Starting Line-Up
For The 2010-2011
School Year:
Message from the desk
of the Editors-In-Chief:
Hello everyone! Thank you for your support of Temple Prima Facie
throughout this year. We have strived for Prima Facie to be a forum
for dialogue between students, professors, alumni and staff of the
Prima Facie Staff Temple Law Community. We would also like to introduce the new
editorial board: Mike Handley, Nicole Drysdale, and Aimee Haynes.
Editors-in-Chief: As always, we would like to encourage individuals and groups to
John Krawczyk contribute and help in creating a dynamic publication, which reflects
Jane Charles-Voltaire the realities and humors of life and the law. In pursuit of a more sus-
tainable campus, we are excited to be moving into an eco-friendly
format by prioritizing our electronic site. Please keep abreast of future
Layout Editor
developments. Thank you to all those who made this issue possible
Josh Thomas
and we look forward to your submissions and future involvement.

Copy Editors Sincerely,

Mary-Catherine
John Krawczyk and Jane Charles-Voltaire
Benedetto
Melanie Carter
Alyk Oflazian
Nicholas Reyes

Staff Writers
Jane Charles-Voltaire
John Krawczyk
Hannah Girer-
Rosenkrantz
Kenny Oh, Esq
Marla Neufeld, Esq.
Nicholas Reyes
Jamie Shanker
Stephen Zaffuto

Guest Writers
Good-bye from the finest
Patrice Berry news source in Temple Law
Peter Brennan
Art Contributors School! - Love, Management
Jane Charles-Voltaire

Ahh, March Madness.
That time of year where
productivity in offices
and classrooms across
the nation falls to record
lows, and millions of peo-
ple stifle cheers or moans
as the results of basketball
games, between schools
they’ve never heard of,
flash across their screens.
When 25 year-old law
students in Philadelphia
see their hopes disappear
on a buzzer beater by an
18 year-old kid from rural
Indiana. When 12 over 5
is gospel, and only a rube
would ever put all four 1s
in the Final Four. It’s the
best time of the year.
Nearly everyone enters
into at least one NCAA
Tournament pool, wheth-
er for free or for $5, $10,
$20 or more. Well over 50
million people take part
in NCAA Tournament
brackets, and it’s esti-
mated that over $6 billion
dollars is wagered on the
tournament annually.
But is participating in a
NCAA Tournament pool
illegal?
It depends. Simply put,
if you paid a few bucks to
get into a bracket pool,
the biggest risks you’ve
exposed yourself to are
losing your money and
being publicly humiliated
for having less points than
Page 2
ALL BETS ARE OFF
By Stephen Zaffuto, ‘11
the guy who picked his bets on sporting events is entry fees would cross the
bracket by mascot (“dude, illegal in most states by line and qualify your pool
a Panther would definite- both state and federal law. as an illegal gambling ac-
ly maul a Blue Devil, but The vast majority of states tivity in most states.
I’m having trouble decid- have their own statutes In 2002 in New Jersey,
ing between a Hoya and a that outlaw “bookmak- a middle manager at an
Buckeye”). ing,” or receiving bets, AT&T office was arrested
Even if you win, you under various and slightly for running a $30,000
really shouldn’t have differing definitions. Ad- pool based on NFL
much to worry about. ditionally, a panoply of games, from which he
Rick Neuheisel, former federal laws deal with dif- was alleged to be taking
head football coach at the ferent aspects of sports a 10% cut. Just this past
University of Washington gambling, including the fall, authorities in New
very publicly won $20,000 Wire Act of 1961, the Jersey shut down another
on his NCAA Tournament Travel Act, the Interstate NFL pool, seizing over
bracket in 2003 and was Transportation of Wager- $800,000 from the propri-
never arrested or charged ing Paraphernalia Act, the etor who allegedly took a
with anything. It wasn’t Illegal Gambling Business percentage of the fee for
a great moment for him, Act and the Professional each entry that was made.
though, as he was fired and Amateur Sports Pro- If you’ve done this
from his post for violating tection Act (PASPA) of without realizing it was il-
the gambling policy of the 1992. legal, don’t freak out. As
university and NCAA. As Organizing and col- a matter of investigative
an aside, he later brought lecting money for a pool resources, it’s not worth
a wrongful termination might fall into a gray the authorities’ time to
suit against UW and the area in most states, how- come after you unless it
NCAA. He received a ever, and legal standing involves a ton of money
$4.5 million settlement in could change depend- (like the above cases),
that lawsuit, but that’s a ing on where you are and someone complains, or
different story. For those how the pool is run. If it’s somehow tied in with
of you taking Taxation, money is collected and organized crime. If that
take note that Neuheisel held during the tourna- doesn’t describe your sit-
had to claim his winnings ment and every penny is uation then you can take
as income and pay taxes then sent back out to the off the fake nose and mus-
on them. If you’re lucky winners once the contest tache, cancel your flight to
enough to win this year, I is over, then it’s unlikely Suriname and relax. But
suggest you do the same. that there would be any I’d advise against pinching
If, on the other hand, problem. But if you skim a few bucks from the pot
you organized a pool and off the top or charge an next year, just in case.
collected money from “administrative fee” for Good luck to everyone.
others, well, you might running the bracket, then And if you’re in my pool
want to be a little more you’re likely breaking the - sorry, better luck next
careful. You see, accepting law. Keeping a cut of the year!

The Miseducation of a Barbie Doll
By: Patrice Berry
In her poem, “The Mise-
ducation of a Barbie Doll,” Jas-
mine Mans challenges women
in the entertainment industry
who employ physical aesthetics
to attract listeners. An excerpt
from the poem challenges up-
and-coming female rapper
Nicki Minaj not to take for
granted the efforts and accom-
plishments of the female artists
who came before her by limit-
ing her role to that of a mere
sex symbol.
We have been waiting centuries
for a woman like you to carve
your stiletto in history,
This microphone is not a dildo
so you are going to have to come
a little harder than that
(I, win, I win, you lose) Come a
little harder for rap
Too many women before
you have laid down tracks --
UNIT...Y?
So you wouldn't have to record
yours on your back,
Spit some shit for girls who kiss
girls and got beat down to their
backs,
We will remember you for that
But I know your spine binds and
crooked lines
And you can't seem to write a
rhyme for your broken daugh-
ters
Slaughter, bent over back, ass
cracked, bitch slapped, in videos
There is nothing pedal bike pret-
ty about broken
Do you know what this media is
trying to do to you?
They will porcelain
(Barbie)
Doll the shit out of you
Although I have both posi-
tive and negative responses to
Mans’ poem, I would like to ad-
dress only one contention here.
This is that Jasmine seems to be
preoccupied with Nicki’s Bar-
bie image, which beyond pre-
suming that Barbie is all that
Nicki Minaj has offered the rap
industry, rests on assumptions
I do not find wholly construc-
tive. One, Nicki Minaj presents
several alter-egos in her music,
“Barbie” is only one. And two,
even if Barbie were Nicki’s only
image, I resist the assumption
that it is an inherently unac-
ceptable one.
As a bit of context, it is im-
portant to note that during her
relatively quick rise to fame
Nicki Minaj has invited us to
see a number of alter-egos in
her music. Each of these char-
acters possess highly crafted
personalities, with actual
names and histories. She has
Barbie – a demure girl, Ro-
man Zolanski – an angry gay
boy, Martha – Roman’s mother
who keeps him in line, Mon-
ster and Nicki. Also, in a re-
cent George Lopez interview,
she introduced Rosa, who she
created especially for George.
When Ms. Mans focused ex-
clusively on Barbie, she missed
the point.
This is one of the reasons
why I dig Nicki. As an artist she
is fully human, complicated,
and not one-dimensional. She
does not have to say anything
new or profound for that to be
refreshing and meaningful to
me. I do not know which, if
any, of her alter-egos are “real”
to her, but I appreciate the vari-
ety. I also value that Nicki can
talk about enjoying sex without
actually be involved in actively
pursuing it. If she were saying
anything with her sexy image,
it is that one can enjoy being
sexy without having sex. For
all of you who believe young
people don’t hear her quiet
profession about chas-
tity – you’re probably
wrong. That is, if You-
Tube views are any in-
dication of what people
know about Nicki, then
nearly two million
people heard her say
“bad bitches don’t have
promiscuous sex.” It is
also important to note
that Nicki’s music has
evolved since her first
mix tape appearances,
which were saturated
with the theme of sex.
If that was all Nicki were about
at the moment, it is likely that
Jasmine Mans and I would
agree. But, thankfully its not.
My second contention
emerges from my growing
frustration with so many of the
voices participating in feminist
and critical media conversa-
tions, which are reprimanding
artists for failing to promote
more responsible (read: their)
perspectives. These channels,
of which I am admittedly a
part, are preoccupied with
identifying in what ways art-
ists like Nicki Minaj seem to
espouse destructive ways of be-
ing female. Like some others,
Jasmine has added to this cri-
tique the ways these artists fall
short of our criteria for a "phe-
nomenal woman" based on the
positive contributions of other
artists and thinkers like Lauryn
Hill and Queen Latifah. I be-
lieve that these critiques often
neglect what I consider a more
important endeavor. That en-
deavor is to meet addicted
pop culture consumers where
they’re at. Rather than attempt-
ing to silence artists and censor
any creative movement, an idea
that concerns me, I advocate
for a movement to empower
Page 3
individuals to become more
critical consumers and think-
ers.
To be sure, it is daunting to
think about the ways the origi-
nal Barbie contributes to some
of the most destructive behav-
iors among women and young
girls. Some of the issues that
come to mind are self-esteem
issues, the hypersexualization
of our bodies, irresponsible
sex, misinformed understand-
ings of heterosexual and same
sex relationships – this list, of
course, could continue on and
on. Still, even if Jasmine Mans
is right to suggest that there are
problems with the “Barbie” im-
age that Nicki Minaj projects,
there is also a problem with
saying thar there is only legiti-
mate way to be a woman. And
there is an even greater prob-
lem if our primary tool for cre-
ating change aims at silencing
artists’ voices, especially when
this is prioritized over impact-
ing what the artists actually
think.
I am not against discovering
our best as women – I certainly
want us to know that there ex-
ists more than our objectifica-
Continued on to page 5

Who Wants to be a Law School Millionaire?
By: John Krawczyk, '11
Amidst the monotony
of law school life, we occasion-
ally hear of hobbies and ac-
tivities undertaken by one of
our fellow Temple classmates.
Rarely does it piqué our inter-
est, and more commonly our
collective attentions are only
partially diverted from what-
ever task we are, at that time,
trying to complete. Even more
rarely do we hear of one of our
peers doing anything of im-
portance that makes us stand
up and say, “Hey, that is pretty
cool!” And almost never, does
such a thing happen to a person
as kind, funny, empathetic and
genuine as Jessica Jacquay, ’11.
However, that is exactly what
happened when this Temple
student made a big splash on
the game show, “Who Wants to
Be a Millionaire.”
When Jessica received
an email from her daughter’s
school, she thought it might
have been a request to partici-
pate in a bake sale, a fundraiser,
or some other activity that
required her ever-dwindling
time. But it wasn’t. Instead it
was an advertisement of the
Philadelphia tryouts for the
game show, “Who Wants To Be
A Millionaire?” She laughed to
herself, disregarded the mes-
sage and went on with her re-
sponsibilities as a wife, mother
of two (Margaret and Mitch-
ell), and full-time law student.
However, a few days later, a
similar message arrived in her
inbox and this time she was not
laughing. Her initial feelings of
comic amazement at the idea
of appearing on a game show
were replaced with a more
sobering thought, “Hey this
could be fun.”
The email called for
all contestants to arrive at the
Convention Center for try-
outs. So, on a warm Saturday
afternoon in summer, Mrs.
Jacquay took the trek over to
the Convention Center, unsure
of what was to come. Walking
around the sprawling building,
she was greeted by a surpris-
ing assortment of characters.
Her sidewalk sojourn was in-
terrupted by a greeting from
none other than Batman. Then,
as she neared the entrance, she
was complimented by an older,
more overweight Green Lan-
tern villain of Spiderman fame.
From Iron Man, Fantastic Four
to the X-Men, it seemed that
the entire cast of Marvel Super-
heroes intended to go for the
coveted million dollar prize.
Jessica started to doubt the san-
ity of the contestants, as well as
the process, but she was finally
calmed by the realization that
there was also a “Comic Con”
event at the venue that day
(Comic Con is a large comic
book and superhero conven-
tion where individuals, often
grown men, dress up as their
favorite superhero). Upon en-
tering the building, Jessica was
amazed at how welcoming the
game show staff was and how
pleasant the building seemed.
She felt it was destiny that she
had been chosen for the show.
The first stage of try-
outs required a passing grade
on a 30 question multiple
choice exam. The exam was
held in a large banquet room
with other would-be million-
aires. Jessica was never in-
formed of exactly what passing
was, but she was told that she
had passed and that she would
be moving on to the second
stage of the selection process.
We can only assume the rigors
of law school gave her the skills
to answer every question cor-
rectly.
The next stage was
much more personal. Jessica
was brought into a smaller
room, where she
was interviewed
and photo-
graphed. While
it is, within itself,
very intimidating
to be critiqued,
it is even worse
when someone is
deciding wheth-
er or not you are
an interesting
enough person
to be on TV. But,
if you know Jes-
sica, you are probably familiar
with her sunny disposition and
ability to be incredibly endear-
ing to anyone that she talks to.
By simply employing a little
hand-waving, accompanied
by huge smiles and laughs, the
first interviewer was putty in
her hands and she was subse-
quently chosen for a second in-
terview. Feeling very savvy and
confident, Jessica told the sec-
ond interviewer exactly what
she wanted to hear; “I will go
for broke and win the entire
million dollars at all costs.” The
tryout process, while daunt-
ing and eerily resembling the
recruitment process of a large
law firm, only lasted 90 min-
utes. Jessica went home and
returned to the every-day com-
ings and goings of her life.
Jessica had mostly for-
gotten about the whole ordeal
Page 4
until she received a postcard in
the mail. The postcard told her
that she had been chosen to be
in a contestant pool; essentially
the pool meant that she was on
the short list to be chosen as a
contestant on the show. It was
a lot like Ed McMahon telling
her that she may be a winner of
the Publisher’s Clearing House
sweepstakes, yet nonetheless
just being a part of the process
was strangely exciting. Jessica
went back to her normal life
and it was not until a month
later that she was finally called
to be on the show and repre-
sent herself in front of millions
of viewers.
When Jessica arrived
at the studio in New York City,
she was surprised to find out
that it resembled more of a
party scene than the lobby of
an office. She had “handlers”
that helped her pick out her
outfit, there were a multitude
of snacks for her consump-
tion and everyone was hanging
out laughing and talking. The
other contestants in the room
were also very fun-loving and
laid back. Each contestant was
called, and then disappeared.
The room dwindled down un-
til it was finally Jessica’s turn to
take a crack at the cash. Jessica
made it through nine questions
spanning over two broadcasts,
with answers ranging from
“Grace Kelly” to “Magic Fin-
gers.” She refused to continue
for the million dollar prize, but
she collected a nice check from
the show. The money was very
helpful to her and her family,
and even allowed them the nice
vacation that they had been
yearning for. So next time you
are watching reruns of “Who
Wants To Be A Millionaire?”
keep a watch out for your fel-
low classmate. Her accom-
plishment may just piqué your
interest.
 Page 5

Moroccan Tagine of Chicken with

Continued from page 3 Raisons and Almonds
tions in the media would make Makes 6 to 8 servings
it seem. Still, I am fervently
against constraining each of our
varied forms to fit some nar- By: Hannah Girer-Rosenkrantz, ‘11
row, pristinely righteous vision.
We would all have to agree on Ingredients
that single vision, which I am 2 teaspoons ras-el-hanout*
not certain is possible or desir- 2 teaspoons salt
able. The answer is not for each 3/4 teaspoon black pepper
of us to become or to identify 3/4 teaspoon ground ginger
with the same voice. It is to 1/4 teaspoon crumbled saffron threads
develop a language that can 3 cups water
includes us, while simultane- 5 chicken thighs, roughly 3 pounds
ously challenging and compli- 1 large onion, coarsely grated (1 cup)
cating our perspectives. That’s 2 garlic cloves, finely chopped
where I think Jasmine Mans is 1/2 stick (1/4 cup) unsalted butter, cut into pieces
wrong about Nicki Minaj. Ms. 1 1/4 cups raisins
Mans seems to say that there 3/4 cup almond slivers
is a “better” way to be female. 1/2 cup honey
She points out that Nicki Minaj 3 teaspoons ground cinnamon
is not Lauryn Hill or Assata
Shakur. Yet those women, who Accompaniment: Egg Noodles
I also personally revere, do not
exemplify the only way to be fe-
male. In fact, there are parts of Preparation
me that identify with Nicki and Whisk together ras-el-hanout, salt, pepper, ginger, saffron, and 1 cup water in a 5-quart heavy pot
her Barbie side. (or, if you got one, a tagine pot). Stir in lamb, remaining 2 cups water, onion, garlic, 2 teaspoons cin-
I appreciate that Jasmine namon, and butter and simmer, covered, until lamb is just tender, about 1 1/2 hours.
Mans has her eyes and ears Stir in raisins, almonds, honey, and ground cinnamon and simmer, covered, until meat is very ten-
open and is fearless in openly der, about 30 minutes more.
holding artists accountable Uncover pot and cook over moderately high heat, stirring occasionally, until stew is slightly thick-
for their artistic choices. But I ened, about 15 minutes more.
think we have to step outside of
our traditional reading glasses, Serve on top of egg noodles
interrogate our assumptions, **adapted from the Moroccan Lamb Tagine with Raisins, Almonds, and Honey recipe available on
and begin to approach artists Epicurious.com, reprinted from a 2003 issue of Gourmet Magazine.
with new lenses. Replacing one
paradigm with another is not
the answer. As Jasmine dares
Nicki, I dare her to answer
my questions. Why is Barbie
something I should not want to
be? And why must pretty also
mean broken and hypersexual?
More, given the savvy business
woman that Nicki Minaj is,
why must women respect the
alleged dichotomy between the
powerful and chaste versus the
sexy and ignorant?

Q: Nick, thank goodness you
have your mailbag. I feel that
I have nobody else to turn for
advice. My husband just fin-
ished his first semester at Tem-
ple Law School and his grades
came out last week. He had
been worrying about his grades
during the entire Christmas
break. Yet, when I asked him
what his GPA was and how he
did, he threw our television out
the window and demanded to
know what my GPA was. He
refused to stop asking, even
after I reassured him that he
knew I had been out of school
for 7 years. Finally, he stormed
out of the house and a week lat-
er, I was given divorce papers!
We had been happily married
for over 2 years! Do you have
any idea what happened?
Lisa N. – Graduate of George-
town ’04 (3.3 GPA)
A: Lisa, first of all thanks for
writing in. One of the main
purposes of this mailbag is
to help people outside of law
school realize those of us in-
side of law school are complete
nimrods. Being a third year
law student, I have, as some
would assume, passed the first
year of law school. You may
also assume, and you would be
correct, that I have also gone
through the period known af-
fectionately in some circles as
the period of incurable deso-
late sadness, or in others, the
day grades come out. I think
the easiest way that I can an-
swer your particular question
is through a story:
In January of ’09, I was two
years younger, which for pur-
poses of this story, means that
I was not that much different
than I am right now. Still de-
spite this irrelevant detail, I had
Temple Law School Mailbag
By: Nicholas Reyes, '11
managed to get through the
first year of law school with all
of my limbs and only three bat-
tle scars. I had just received my
grades that day and had gone
out with one of my friends to a
local bar in Philly to celebrate.
My friend, we will call him
Ken, and I had been drinking
pretty heavily. Ken had just
finished explaining to me that
lived spelled backwards meant
devil and had a look of deep
satisfaction on his face as if that
little insight meant something
to me. Or, he could have just
been really drunk. As for me, I
was trying to determine wheth-
er or not the pitcher of beer
that I had in my hand could
fit into my coat pocket and as
a result, was barely listening to
what Ken had to say. Mainly,
I kept nodding in agreement
every time Ken would pause
and look up every so often and
say “Hey, what are you going to
do?” This was also how I had
responded in most of my first
year classes and may have ex-
plained some of my grades.
Needless to say, I did not notice
our waitress had come up dur-
ing this conversation. If I had,
I may have been able to prevent
what happened next. Ken had
moved on from the meaning
of words to complaining about
his grades. Our waitress, asked
us where we went to school.
Ken told her that we were law
students at Temple. Our wait-
ress, thinking herself sociable,
said she overheard Ken talk-
ing to me about his grades and
asked him how he did. Before
I knew what was happening,
Ken had overturned our table,
and tried to kick our waitress in
the ankles. Unfortunately, Ken
was rather drunk, and his kick
completely missed its target
and he flew past her, knocking
his head against the counter,
rendering him
unconscious.
I stayed with
him until the
police arrived
and followed
them as they
escorted him to
the car. Then
in a fit of sheer
brilliance, I
told the police
that I was Ken’s
attorney and
that they could
expect to hear
from me soon.
This sounded official, and the
police, a little taken aback, told
me where they were going to
take Ken. Apparently, the smell
of alcohol and the fact that I
responded to all of their ques-
tions while looking at a target
approximately five feet above
their heads did not cause them
to question whether or not I
was crazy, or even worse, an ac-
tual attorney. The empty pitch-
er of beer, however, did gain
the attention for the owner of
the bar. I had only managed to
place the handle through a belt
loop and was casually resting
my hand on it as if it was always
a part of my clothing ensemble.
The owner of the bar took the
pitcher away from me and I fol-
lowed the police to the station.
As I was driving, I realized that
I probably shouldn’t have told
the police that I was Ken’s law-
yer. I had to go home and walk
my dog. However, there was
no turning back at this point.
And seriously, I thought to
myself, I had already finished
one semester of law school – I
pretty much knew everything
that there was to know to be a
lawyer. I had watched enough
Law and Order episodes to
know that trials probably took
Page 6
around 10 minutes. I would
have this whole thing resolved
and be home in time to DVR
Dexter. I got to the station
and talked to Ken, who had
regained consciousness, in the
holding area. Ken thought that
having me as his attorney was a
great idea, since I told him that
not only could I get him off, but
that I would also work for free.
Ken also loved my trial strat-
egy – convincing the Judge that
the 4th Tarasoff factor did not
apply and that the case should
then be thrown out. Neither
Ken or I knew what a Tarasoff
factor was, much less whether
or not there were four of them,
but we both were fairly sure we
had heard of them during one
of our classes. My rationale
was that if Ken and I didn’t
know what a Tarasoff factor
was, there was no way that
the other attorney or even the
judge would know. I knew that
with this strategy, not to men-
tion my solid “B-“ in Criminal
Law, there was no way that we
could lose. I also easily solved
the fact that I had not taken
Evidence with the brilliant idea
to object whenever I got an op-
Continued on Page 7

Our School Should Stop Facilitating Labor Law Violations By Posting
Unpaid Internships on CPM
By: Jake Ginsburg, ‘11
The legal job market
is as bad as it has been
since the Great Depres-
sion. Some argue that
it has never been worse.
The increasing number of
attorneys passing the bar
each year, coupled with
the economic downturn,
the growing use of online
legal services such as Le-
galZoom™, and the out-
sourcing of legal work to
developing nations has
created unprecedented
desperation among law
school students and re-
Continued from page 6
portunity with the phrase “You
really want to bring that evi-
dence up, that’s racist!”
Needless to say, the trial went
poorly. I objected to my own
witnesses’ responses, and got
into an argument with Ken
over whether or not I should
have put the pitcher of beer
into my left pocket instead
of my right. I also somehow
managed to cross examine my-
self, which the judge told me
she had never seen nor had
she thought was even possible.
There were some bright spots
however. I did manage to get
the other attorney tossed from
the courtroom for being a rac-
ist. I thought I had also won a
crucial battle when the judge
told me that she had no clue
what the fourth Tarasoff factor
was. I was on my way out of
the courtroom with my hands
raised, giving the people in
the audience high-fives when
cent law school graduates.
In order to stay competi-
tive, students and young
attorneys are often will-
ing to work for free in or-
der to make professional
connections, gain work
experience and avoid the
dreaded “resume gap”.
Across the country, for-
profit firms regularly use
unpaid interns to do the
work of attorneys, para-
legals and secretaries.
Many of these employers
have posted such intern-
ships on Temple Law’s
Career Planning Manage-
she also informed me that had
nothing to do with the trial.
Despite my best efforts, I also
managed to turn a misdemean-
or for drunk and disorderly
conduct into a 25 year sen-
tence without the possibility
of parole for Ken. Ken was not
too happy about that. He con-
fronted me after the trial and
asked me what I was thinking.
I told him, “Hey, what are you
going to do?” I then told him
that with this unexpected turn
of events, he didn’t have to go
through the whole law school
grading process for a while.
Ken considerably brightened
after that, though I heard ru-
mors that brightness damp-
ened considerably after he met
his cellmate, realized that there
was only one bed in the cell,
and that his cellmate liked to
“cuddle”. I say rumors because
I refused to talk to Ken after
that, after all, he was a convict-
ed felon, and I was worried that
such connections would hurt
me on my bar application.
ment (CPM). Not only do
unpaid internships violate
labor law, they also expand
the gap in career opportu-
nities between students
from wealthy families and
those of modest means, as
well as driving the wage-
rate and career prospects
for young attorneys fur-
ther down.
Despite its
prominence, the use of
unpaid interns by for-
profit firms is almost nev-
er legal. The Department
of Labor recently issued
six criteria for unpaid in-
So Lisa, I hope that this an-
swers your question as to what
happened with your husband.
I actually posed a hypothetical
to my fellow students. In the
survey, I asked law school stu-
dents to divulge their GPA or
their families would be wired
with explosives. 83% of the
students asked whether or not
the explosives would kill or just
cause bodily harm to their fam-
ilies. The other 17% said that
they were growing sick of their
families anyways. So, Lisa,
hopefully you can patch things
up with your husband. You just
have to realize that since your
husband is a law student, he is
an idiot. I would recommend
cutting ties with him as soon as
possible and pursuing a poten-
tial partner in a less volatile ca-
reer path. If you need help with
the divorce, I’m confident that
dropping the name Tarasoff
can get us a great settlement.
Just don’t ask me what grade
I got in Family Law, or I’ll kill
you.
Page 7
ternships to comply with
the law: 1. The internship,
even though it includes
actual operation of the fa-
cilities of the employer, is
similar to training which
would be given in an edu-
cational environment; 2.
The internship experience
is for the benefit of the
intern; 3. The intern does
not displace regular em-
ployees, but works under
the close supervision of
existing staff; 4. The em-
ployer that provides the
training derives no im-
mediate advantage from
the activities of the intern;
and on occasion its op-
erations may actually be
impeded; 5. The intern is
not necessarily entitled
to a job at the conclusion
of the internship; and 6.
Both the employer and
the intern understand
that the intern is not enti-
tled to wages for the time
spent in the internship.
The 2nd, 3rd and 4th
criteria are generally
where the employers fail
the test. Private firms al-
most always hire interns
out of self-interest, often
at the expense of paid
employees, and legal in-
terns do substantive work
that would be done by
lawyers, paralegals and
secretaries at the firms.
Continued on Page 8

Continued from page 7
Nancy J. Leppink of the
US Department of Labor
told the New York Times
“If you’re a for-profit em-
ployer or you want to pur-
sue an internship with a
for-profit employer, there
aren’t going to be many
circumstances where you
can have an internship
and not be paid and still
be in compliance with the
law”.
Legality aside, un-
paid internships are also
problematic for several
ethical reasons. An of-
ten-noted reason is the
disparate impact that
unpaid internships cre-
ate among students and
young professionals from
wealthy families and
those from more modest
backgrounds. Students
and professionals from
wealthy families can get
their foot in the door with
an unpaid internship,
while their parents foot
the bill for their housing,
education and transpor-
tation. Conversely, a stu-
dent or professional from
a low-income or middle-
class family is required to
pay for these items him
or herself, obligating this
person to take a paying
job, often not related to
his or her field of choice.
Take Richard and Peter,
two fictional law school
graduates, who like many,
cannot find employment.
Richard is from a wealthy
family and can afford to
work at a firm for free.
Meanwhile, Peter has
nearly identical creden-
tials, but comes from a
middle-class family and
is forced to wait tables to
pay the bills. A year later,
Richard gets a paid offer
from the aforementioned
firm, while during entry-
level job interviews, Peter
is struggling to explain
why a year out of law
school, he has no employ-
ment experience.
Additionally, as law-
makers have noted, un-
paid interns are detri-
mental to the existing job
force. If a law firm wants
an attorney who can give
a long-term commitment
to the firm, develop strong
relations with clients, and
work on lengthy cases for
their entirety, they will not
be able to get that from an
intern. However, if a firm
simply needs a few help-
ing hands to assist with
motion preparation, filing
and research, why would
it pay a first-year asso-
ciate $40,000-$160,000
per year or a paralegal
$28,000-$60,000, when
it can “hire” three bright,
motivated and skilled law
students for free? One
could make an argument
that hiring three student
interns for $10 per hour
would create the same
problem, but the issue is
really one of degree, and
the greater the dispar-
ity between the cost of
interns and that of para-
legals or associates, the
more likely the employer
is to hire the former.
The use of unpaid in-
terns by for-profit firms
is often justified by the
argument that the firm is
providing the intern with
a “learning experience”.
This argument is espe-
cially faulty. Almost no
firms hire interns solely
for the “teaching expe-
rience”, so it can be as-
sumed that they do so out
of self-interest. If it is ac-
ceptable to employ young
people for free under
the guise of “teaching”,
then that could negate
the purpose of any labor
law. Restaurants and auto
shops could avoid paying
busboys and young me-
chanics, as they are learn-
ing about their respective
industries, when in fact
they are entitled to com-
pensation. There is no job
where the employee does
not learn something, so
if their work is to be put
to the benefit of the em-
Page 8
ployer, there is no reason
why the employer should
not pay him. When a re-
spected educational in-
stitution such as Temple
Law School facilitates
such unpaid labor, it cre-
ates the impression that
unpaid internships are
not only acceptable, but
encouraged.
At Temple, we should
feel lucky to have a Ca-
reer Planning office that
does so much for us.
Temple Law is one of the
few schools that sends
out thousands of clerk-
ship applications for its
students, as well one of
the few that matches
the Federal Work Study
grants to provide those of
us working summer jobs
in public interest with an
income. Our Office of
Career Planning also goes
to great length to provide
a multitude of ideas for
professional choices and
to create opportunities
for us to network with our
alumni. However, when
Career Planning facili-
tates unpaid internships
at for-profit firms, it does
so with disregard for ex-
isting labor law, and at the
expense of many students
and young attorneys. It is
time to put a stop to this
disservice.

Talking Tacos with Temple's Own Taco Stand
By: Jamie Shanker ‘12
Back in November,
Temple Campus got its
very own taco truck-
Chris' Taco Stand. Con-
sidering the number and
variety of food trucks
on the campus, it is a
surprise
that it has
taken this
long to get
some taco
action up
here. When
you get the
chance,
please give
Chris a t h e y
warm wel-
come, if
you haven't
a l r e a d y.
Chris, a temple alum,
has impressive creden-
tials, including working
at Tinto and DiBruno
Brothers. I asked Chris
about what set him on
his taco venture and he
answered, “I started with
the taco thing because
of experiences that I had
traveling through Mex-
ico.” He added, “I think
that tacos are the perfect
street food and I love
that the meats were be-
ing grilled right in front
of me, perfectly com-
plimenting the heat and
acidity of the salsa.” I have
to agree with him there. It
is fun to watch Chris work
the grill, making every
taco to order inside his
tiny, shiny cart.
The menu is straight
forward, headlining with
3 different tacos every day.
The steak ($3) and black
bean ($2) are available
daily, accompanied by ei-
ther the pork carnitas or
chicken options. As all
good taco stands should,
Chris offers a selection of
Jarritos and other assort-
ed sodas in glass bottles.
I got to try all of Chris’
tacos and I got some intel
on how he makes some of
his products.
The beans in the black
bean taco were served
whole. I might have liked
them more if they were
mushed up and had a
little more flavor. It was
thoughtful of Chris to in-
clude a vegetarian option,
but I will probably stick to
the meat.
The pork carnitas were
served in chunks, not
like the little strips that
you typically expect from
carnitas. But this made it
easy to see that he is using
g o o d
quality
meat.
I loved
t h e
bright
p i n k
pickled
on i on s
on top,
added
another
dimen-
sion of
flavor to the overall meal
( his twitter account has
let me know he has since
updated the recipe). I will
put it out there that my
hands and breath were ex-
tremely stinky after con-
suming those onions, the
kind of stink even Altoids
can’t help. Nonetheless,
this is not going to stop
me for asking for those
onions on all my tacos
from now on.
The chicken taco was
actually prepared in more
of a carnitas style. The
small pieces were beauti-
fully browned on the grill.
The chicken was picking
Page 9
up the distinct flavor of
coriander. This was my
second favorite taco of the
selection.
The winner and shining
star of the cart would have
to be the steak taco. Chris
marinates skirt steak in
a mixture of blended oil,
crushed black pepper,
coriander, cumin, lemon,
lime, and paprika. After
that, he seasons the steak
with salt and pepper and
sears it while leaving the
inside rare. To order, he
cut it against the grain
and grills it for about a
minute. For $3, you get
many pieces of beautiful
medium rare steak. The
steak was the most filling
of the tacos, two would
probably be enough for
a lunch. In future visits,
to make it even better, I
would add the pico de
gallo that Chris uses on
the black bean taco. Hot
sauces and limes are also
available on the cart’s
mini counter top for your
seasoning needs.
So far, business at Tem-
ple has been good, but
Chris heads to 30th St.
Station over winter and
summer break when stu-
dents aren't around.
For more information,
please visit Ms. Shanker’s
Blog at: midtownlunch.
com/philadelphia

New Attacks, Old Tricks: What The Most Recent Battle
Over Abortion Funding Means For All Women
By: Katrina Young, '11
In the wake of the po-
litical mayhem surround-
ing the passage of “Obam-
acare” last year and the
newly elected Republi-
cans’ campaign promises
to set our economy back
on track, the House of
Representatives has wast-
ed no time in launching
its attack on one of the
primary causes of our eco-
nomic woes and instabil-
ity. So what is this sneaky
fiscal parasite that’s been
sucking us dry all these
years? Social Security?
Nope. Medicare? Wrong
again. Apparently, it’s the
condom dispensing, pap
smear providing, sex edu-
cation touting, non-profit
organization that has be-
come near and dear to
many of our young adult
hearts: Planned Parent-
hood.
In reality, the Title X
funding Planned Parent-
hood receives—which is
already restricted to non-
abortion services and was
just under $80 million in
2010, a drop in the multi-
trillion dollar annual
budget bucket—is obvi-
ously not the cause of the
economic troubles we’ve
been facing these past few
years; nor is cutting it a
genuine effort to allevi-
ate those troubles. Rath-
er, this is an attempt to
eliminate an organization
to which many women
in crisis turn when faced
with the excruciating de-
cision of whether to ter-
minate a pregnancy.
And this is just one of
the many innovative tools
used by anti-choice law-
makers to chip away at
abortion rights over the
past 38 years. Since the
1976 enactment of the
Hyde Amendment, which
bars the use of federal
funds to pay for abortions,
except in cases of preg-
nancy resulting from rape
or incest or that threatens
the life of the pregnant
woman, anti-choice legis-
lators have resorted to us-
ing their power over the
purse strings to restrict
women’s access to abor-
tion. As one can pretty
easily conclude, such ef-
forts disproportionately
impact low-income wom-
en seeking abortion care,
as the cost of abortion
procedures range from
$350-$950 in the first tri-
mester.
While advocates in the
reproductive justice arena
have brought challenges
to these laws, the reality is
that a majority of women
remain largely unaffected
by Medicaid restrictions
on abortion and—as is
the case with most leg-
islative assaults on poor
women, women of color,
and other marginalized
groups—do not necessar-
ily see the potential for fu-
ture attacks on their own
ability to choose. That is,
until the recent introduc-
tion of HR 3, more com-
monly known as the “No
Taxpayer Funding for
Abortion Act.” Among
other things, HR 3 seeks
to ban abortion coverage
in state-developed insur-
ance exchanges under the
Patient Protection and
Page 10
Affordable Care Act. Put
simply, it will penalize in-
surers who offer abortion
coverage as part of their
insurance plans under
the Act even if no federal
premium payments and
credits—i.e. no federal
dollars—are used toward
or come anywhere close
to paying for an abortion.
It’s time to stop this
insanity and take action
against this government-
led crusade to control
women’s procreative
choices and limit their
potential for self-deter-
mination. In doing so, we
have to stop treating abor-
tion like some shameful,
secretive ordeal and start
treating it like the natu-
ral, incredibly common
aspect of reproduction
that approximately 1 out
of every 3 women experi-
ences in her lifetime. We
should praise and encour-
age women like Represen-
tative Jackie Speier who
share their abortion sto-
ries in an effort to make
others understand. Most
importantly, we must de-
nounce the racism, clas-
sism, and sexism under-
lying anti-choice politics
and work to ensure that
all women’s voices are
heard and experiences
acknowledged in fighting
against these attacks on
reproductive rights.

Do the Right Thing: Professor Jeremi Duru on Race,
Sports, and Law School
By: Jane Charles-Voltaire, '11
There are rarely any sur-
prises in law school and
for most students the three
years pass almost routinely.
So, as the spring semester
takes hold, students be-
gin counting down to the
end, anxiously awaiting
responses about summer
internships and fall em-
ployment, disoriented by
the astronomical bar re-
view prices, and as usual
disillusioned by law school
course work.
However, over the
course of the past six years,
Professor Jeremi Duru has
literally changed the game,
managing to capture the
hearts and minds of typi-
cally cynical 3Ls, and incit-
ing these burgeoning law-
yers with renewed vigor. As
a result, Duru has become,
in essence, the stuff of leg-
ends at Temple Law.
For those of us who
know him, his honesty,
commitment and drive
inspire us to be passionate
and dedicated in our own
work. For those that don’t,
I had the opportunity to
speak with Professor Duru
and have him share some
of his insights.
When did you decide that
you wanted to be a lawyer?
The first time I decided
that I wanted to be a lawyer
was when I was 6 years old.
We lived in this apartment
in Maryland, my mom, my
older brother and I. My
mom had this horrible ex-
perience with the landlord
and was really getting the
run-around. And I remem-
ber feeling like I had heard
about the concept of a law-
yer, maybe my mom had
told me about it or some-
one else had told me about
it, but I somehow got the
sense that a lawyer would
be helpful to us in this
situation. And I thought,
I wanted to be a lawyer. I
didn’t know much about
it, but that’s what I thought
I wanted to do. I guess on
some level, I wanted to be a
voice for those who might
not have a voice.
From that beginning, I
have always been interest-
ed in power-dynamics and
representing those who are
relatively powerless. And
once I got a bit older, I be-
came really obsessed with
the civil rights movement.
I learned more and more
about that, and from then
on I decided that I wanted
to be a lawyer who repre-
sented the powerless, with
respect to issues of race.
Professor Duru’s poi-
gnant recollection of his
own childhood and ado-
lescence, demonstrate the
early stirrings of his per-
sonal engagement in help-
ing those disadvantaged
and discouraged by racial
injustice. This youthful en-
thusiasm and uncanny fo-
cus would serve Duru well
as he tackled law school.
Page 11
What was
memora-
ble for you
about law
school?
My first
semes-
ter in law
school, I
worked
harder
t h a n
I’ve ever
worked
d o i n g
anything.
I think
in some
ways it Not surprisingly, his re-
sponse about what he en-
demonstrated to me that I
had the capacity to do a ton joys most about his profes-
sion, follows accordingly.
of work, think a lot, and do
it productively. Indeed, I What do you like about be-
ing a law professor?
believe that this experience
in law school, the amount I love my job. I really
love my job. I love so many
of time I committed to
studying my courses and aspects of it, it’s hard to
rank them. I love teaching;
trying to think about them,
the time I spent exploring I love trying to help stu-
dents grasp onto concepts;
the law and how the law
might shift based on vari- I love mentoring, and talk-
ing with students about
ous arguments or societal
context, is what interested what they might want to
do with their career; I love
me in becoming a law pro-
fessor. For me, being a pro- the intellectual space I have
to explore my ideas and to
fessor would allow me to
continue thinking in that write about them; I love it
all! It’s a great job.
way and also to challenge
and seek to guide students Duru’s enthusiasm radi-
ated through the office. But,
in thinking critically.
Hearing this story re- anyone who’s ever taken his
course or had the occasion
minds me of Professor Du-
ru’s earnest desire to learn to talk with him can attest
to his verve and refreshing
and teach, and to provide
students with infinite guid- idealism. Stepping aside
ance for their success dur-
Continued on Page 12
ing and after law school.

Diplomacy: Robbed, Not Leaked
By: Peter Brennan
The decision by
WikiLeaks founder, Ju-
lian Assange, to publish
over 250,000 confidential
cables of the United States
Department of State was
only the latest in a chain
of unconscionably bad
Continued from page11
from his professor per-
sona, I wanted him to talk
about his recently released
book, Advancing the Ball:
Race, Reformation, and the
Quest for Equal Coaching
Opportunity in the NFL
(Oxford University Press,
2011), and his motivations
for writing it.
Why did you write your
book?
When I was in practice, I
joined a small employment
discrimination plaintiff-
side boutique just as they
were beginning to work
with some coaches in the
National Football League
who were concerned that
they weren’t getting the op-
portunities they thought
they should get, and they
believed that it was a con-
sequence of their race.
And so, I began work-
ing on that matter, and
watched that organization
grow into a bigger organi-
zation and watched the de-
velopment of real progress
in the National Football
League, which had tradi-
tionally been very conser-
decisions. Sadly, I fear
that it will not be the last.
Perhaps the first occurred
when a young, idealistic
Bradley Manning, the al-
leged perpetrator of the
theft, decided to join the
armed services and serve
his country abroad.
He probably envisioned
vative and resistant to new
ideas. So, I saw that devel-
op and I realized then, that
at some point, I would have
to write about that move-
ment, because I thought it
was just such an amazing
story, and one with impli-
cations far beyond sport.
Duru’s enduring belief
in combating racism’s flex-
ible and socially permeable
impacts has carried his in-
tellectual interest. His work
attempts to step beyond
the limitations of academ-
ic isolation and to grasp
the real life consequences
of racial inequality in the
United States.
Having covered the criti-
cal questions, I wanted to
ask Professor Duru directly
about the incessant popu-
larity of Sports Law.
Why do you think so many
students are interested in
sports law?
I think a lot of people are
interested in sports, and a
lot of people are interested
in learning about the busi-
ness and legal constructs
that make sport possible.
I think many students are
fighting a good fight. One
doubts he was prepared
for the moral and military
quagmire that he found
in post-2003 Iraq. This,
however, is forgivable. It
is an unfortunate burden
we place on our general-
ly-admirable young men
and women in uniform,
interested in entertainment
law and gaming law for the
same reasons. Students
want to know how these
industries that we read so
much about in the papers
are organized and regu-
lated?
While Duru’s response
may reflect his composed
and humble stature, one
would only hope that he
would divulge some in-
timate secret about his
unique ability to connect
with students and reassure
them of their personal ca-
pacity.
Finally, as our time drew
to a close, I thought it ap-
propriate that Duru di-
vulge his favorite sport and
talk about its impact.
What is your favorite sport?
My favorite sport is soc-
cer without question.
It’s definitely the sport
that I’ve played the most
and the most effectively. I
was a decent player, I wasn’t
a great player, but I was a
decent player. But more
than that, I love and respect
soccer because of what soc-
cer means to the world. My
Page 12
that of imposing a devas-
tating color palette on an
erstwhile black-and-white
world. In the margins
between swirling grey
and bleeding crimson
the young soldier came
to see disillusionment in
Continued on Page 14
father is from Nigeria, so I
grew up recognizing what
soccer means to Nigerians.
It’s really a language of the
world.
It is an extraordinary
phenomenon that can
strengthen ties between
people and nations or
damage them. I was fortu-
nate enough to attend the
World Cup this summer
in South Africa and it just
re-emphasized to me that
soccer is the world’s great-
est sport.
Professor Jeremi Duru
has already proven himself
to be an invaluable asset to
the Temple law communi-
ty, his influence cuts across
students, faculty and staff
and his personal mission
exhibits itself, even in the
mundane. His conviction
and desire to be a platform
for students and individu-
als as they grasp their own
dreams, speaks bounds
about his unfailing integ-
rity, further attesting to his
legend.

The Lifestyle Lawyer:
“Ace” Law School and Your Tennis Game – A Temple University School of
Law Student’s Guide to Florida’s Best Tennis Camps
By: Marla Neufeld, Esq.
Q: What did one tennis
ball say to the other ten-
nis ball?
A: “See you round...”
Watching a game of
tennis is like observing
two lawyers battle at trial
- serving arguments back
and forth across the legal
tennis court, the court
room. Analogous to fa-
mous tennis champion,
John McEnroe exclaim-
ing at an umpire during
a match at Wimbledon,
“You cannot be serious!,”
lawyers make objections
in court to the legal um-
pire, the judge. So take
your arguments to some
of Florida’s finest courts,
the tennis court that is!
Most resorts are list-
ed on Tennis Resorts
Online top 100 Tennis
Resorts and Camps for
2010. While they are all
wonderful places to enjoy
tennis, they all are unique
experiences as detailed
below:
Intensive:
For the ultimate ten-
nis “camp” experience,
put down the law books
and visit Saddlebrook
Resort, the home of the
Hopman Tennis Center,
located 30 miles north of
Tampa, Florida. Follow-
ing your five hour tennis
camp program (offered
365 days a year), with
drills, demonstrations,
practice games, and a ‘one
teacher to four students’
ratio, you are guaranteed
to dramatically improve
your tennis game. The
tennis program, which
occurs on Saddlebrook’s
45 tennis courts (includ-
ing grass courts), features
intense instruction, luxu-
rious accommodations,
and personal attention
with a focus designed
to improve technique
and push the envelope
of your stamina and en-
durance. Enjoy playing
tennis while surrounded
by mystical lagoons, tall
cypress and palm trees,
a “Walking Village”, and
exotic wildlife - a truly
unique experience. After
a long day of tennis, enjoy
prime beef and table side
Caesar salad at the resort’s
Dempsey’s Steak House,
where the impeccable ser-
vice and delicious food
will fuel your body for
your next tennis adven-
ture. For an intensive,
yet highly effective and
fun tennis program, visit
http://saddlebrooktennis.
com.
Luxurious:
Play tennis in luxury
at the country-club style
Boca Raton Resort and
Club, a world-class ten-
nis center and home of
the Evert Tennis Acad-
emy. After calling your
personal tennis concierge,
partake in a tennis match
on one of the Resort’s 30
clay courts or sit back at
the two-story Mizner-
style tennis clubhouse
and viewing deck while
sipping fresh juice, of-
fering the ideal setting
for relaxation between
matches. Named by Ten-
nis Magazine as one of the
country’s top fifty tennis
destinations, Boca Raton
Resort is internationally
recognized as the finest
training available in the
U.S. with comprehensive
programs taught by a re-
nowned staff. Set within
a backdrop of casual el-
egance, the Boca Raton
Resort’s amenities in-
clude a half-mile stretch
of private beach at the
ultra-modern Boca Beach
Club, the award-winning
Spa Palazzo, two 18-hole
championship golf cours-
es, full-service 32-slip
marina, seven swimming
pools, and three state-
of-the-art fitness centers.
For the finest in accom-
modations and tennis
programs, jet set over to
Page 13
www.bocaresort.com.
From Boca Raton down
to Aventura, Florida, visit
the mainland side of the
Intracoastal Waterway
at the 300-acre Fairmont
Turnberry Isle Resort
& Club. The Fairmont
Turnberry encompasses a
splendid 392-room hotel,
a complex of four lighted
Hydrogrid tennis courts,
a six sided swimming
pool and 800-foot-long
lazy river, 36 holes of golf,
and a private beach club.
The tennis program, man-
aged by a USPTR-certified
pro, offers daily drill clin-
ics, cardio tennis classes,
a weekly round-robin
tournament, and a tennis
match-up program. The
resort also offers various
tennis packages through-
out the year such as a
fantasy weekend called
"Connors Challenge",
where players personally
interact with one of the
world's greatest players of
all time, Jimmy Connors.
Take a tour of Fairmont
Turnberry’s on-site com-
post site and herb, fruit,
and vegetable garden,
where the fresh produce is
incorporated into the food
at the resort’s fine-dining
establishments such as the
Continued on page 14

Continued from page 12
this new palette. Much
maligned by bureaucratic
machines the world over,
he made an even worse
decision, exploiting a se-
curity loophole to steal the
cache of cables, and
then another when he
gave the whole hoard
to Wikileaks.
What, one may ask,
is wrong with trans-
parency? In many
situations, nothing is
wrong with it. Rath-
er, it is often a mark
of true strength and
leadership to choose
the transparent over
the opaque. It is, how-
ever, a mark of sheer
stupidity (or blithe
generosity) to choose
transparency at a poker
table. The same is true of
International diplomacy.
Diplomacy, especially in
a nuclear weapons world,
is a game of Texas Hold
‘em writ large; bets and
bluffs can only succeed
because your cards give
you the facts at face value,
and no other player can
see through your cards.
This setup is not only tra-
Continued from page 13
ultra-modern Bourbon
Steak and American/Ital-
ian fusion sensation, The
Cascata Grille Restaurant.
Relax on the lazy river
or run around the tennis
courts at www.fairmont.
com/turnberryisle.
ditional (it is), but neces-
sary to effectively practice
diplomacy.
My father was a career
diplomat for the United
States, and a two-term
Ambassador in East Afri-
ca. Growing up, it was an
accepted part of life that
local governments eaves-
dropped on our affairs,
as evidenced by obtrusive
clicks on phone calls and
well-dressed watchers on
sidewalks. In our diplo-
matic household, official
secrecy was as sacrosanct
as Sunday dinners; any
information that could be
used to embarrass us, and
by extension the United
States, had to be held, or
Sony Ericsson Player’s
Deluxe Home:
The Ritz-Carlton, Key
Biscayne, Florida, situated
along 1,200 feet of beach
on the Atlantic Ocean,
is the official residence
and practice courts for
discussed, discreetly.
It’s too late to prevent
the sting of embarrass-
ment in the moment, but
diplomats are experts at
saving face, and momen-
tary embarrassment is
nothing to cable home
about. The real harm will
present itself gradually,
like a slow-onset cancer.
Foreign officials, whose
confidence we once held,
will decide to be less hon-
est in their remarks to our
diplomats. Those same
diplomats will, in turn, de-
cide to convey their own
assessments less frankly
to Washington, all of
which leaves our leaders
in Washington with less
pros participating in the
Sony Ericsson Open each
spring. The Ritz’s décor is
inspired by the Colonial
West Indies. Amenities
include a 20,000-square-
foot spa, an oceanfront
Ritz Kids, and most signif-
icantly, an 11-court facil-
Page 14
worthwhile intelligence
with which to chart the
course of the nation. To
bring transparency to the
engine room of the ship of
state, Wikileaks detonates
explosives in the engine
room to remove a wall.
Such forced transparency
sets us all adrift while re-
pairs are made, and does
irreparable harm to the
individuals laboring in
that engine room.
We can only hope that
foreign leaders and U.S.
diplomats break the chain
of bad decisions and con-
tinue to express them-
selves frankly when need-
ed. Unless we all decide
to look past the short-
sightedness of Wikileaks,
the lifeblood of diplomacy
will become increasingly
cancerous, with each cell
and organ refusing to per-
form the utmost of its du-
ties. The 24/7, all-public,
no-nuance mentality of
Facebook, a mentality
which Wikileaks shares,
is all but omnipresent in
much of our society. We
should all do our best to
keep it from metastasizing
to the diplomatic sphere.
ity designed and managed
by former touring pro and
noted tennis commenta-
tor, Cliff Drysdale. Key
Biscayne’s Ritz-Carlton
tennis facilities are the
largest tennis amenities of
all Ritz-Carlton properties
Continued on page 15

Continued from page 14
around the world. It offers
videotaped, one-on-one
lessons, fantasy matches,
and guaranteed matched
play. The Ritz-Carlton of-
fers tennis packages with
room accommodations
each proffering terraces
that overlook the ocean,
bay or gardens. The Ritz-
Carlton is home of five
distinct dining options,
including Tuscany’s finest,
Cioppino, named Esquire
Magazine’s “America’s
Best New Restaurants”,
with its decadent and
unique Sunday brunch
featuring caviar and a
luxurious dessert buffet,
and the Dune Oceanfront
Burger Lounge, located
on the beach where St.
Tropez meets Miami. To
play amongst the pros,
and relax like one too, visit
www.ritzcarlton.com/en/
Properties/KeyBiscayne.
Beach Inspired:
Instead of leisurely
strolling through a gar-
den, break a sweat at
Longboat Key Club &
Resort’s 20-court “Tennis
Gardens”, which received
the 2009 USTA's Out-
standing Facility Award.
Guests of the 1,000 acre
Longboat Key, straddling
the southern tip of a long,
narrow barrier island op-
posite Sarasota, Florida,
can enjoy complimentary
tennis, private lessons
and clinics, all while sur-
rounded by the stunning
Gulf of Mexico. The Ten-
nis Gardens stages a daily
stroke and strategy clinic
for adults, cardio ten-
nis, and private lessons,
supplementing those pro-
grams with studious game
matching. Longboat Key
also offers tennis pack-
ages that include food/
beverage components and
accommodations at the
Resort’s 218 newly reno-
vated, luxurious rooms
and suites. Longboat Key,
a AAA rated Four Star
Resort, is also the home
to a 4,000-square-foot
Fitness Centre, the Island
House Spa, six spectacu-
lar dining options rang-
ing from five-star dining
to poolside meals, and 45
holes of golf. Stroll along
the Gulf ’s white sand
beaches, or score a point
at www.longboatkeyclub.
com.
Stylish:
The recently renovat-
ed Naples Grande Beach
Resort anchors a 23-acre
property just inland from
the Gulf of Mexico behind
a 200-acre mangrove estu-
ary called Clam Pass Park.
The state of the art ten-
nis program offers game
matching, daily clinics,
group lessons, cardio
tennis classes, and indul-
gent services such as cold
scented towels after each
match. Naples Grande
also offers various tennis
packages, including a two,
three, or four day inclu-
sive tennis
pro g r a m
with ac-
commo-
dations
at the re-
sort’s eco-
chic style
property.
The tennis
program is administered
by Peter Burwash Interna-
tional tennis profession-
als, who are all trained to
provide consistent ten-
nis instruction to guests.
Among Naples Grande’s
amenities are a Zen-In-
spired Golden Door spa,
a free-form swimming
pool with a waterslide and
waterfall, golf privileges,
and a .6-mile boardwalk.
For the ultimate foodie
experience, visit Naples’s
new culinary extrava-
ganza, Sea Salt where the
food is skillfully stimu-
lated by its location to
the water. Sea Salt focuses
on organic produce and
naturally raised ingredi-
ents, all inspired by Chef
Fabrizio Aielli’s Vene-
tian home cooking style
infused with innovative
techniques. “The novel
combination of foods,
spices and sauces give an
enlightened character to
each dish.” From modern
elegance to world class
tennis instruction, visit
www.naplesgranderesort.
com, and for a dash of
delicious food, visit www.
seasaltnaples.com.
Page 15
Hot Off the Press:
Just opening in Decem-
ber 2010 following a $25
million renovation proj-
ect, visit the all-inclusive
Club Med’s Sandpiper
Bay, nestled by the Saint
Lucie River and 45 min-
utes north of West Palm
Beach, Florida. Sandpiper
has a variety of sports,
programs and activities
to keep a law student ac-
tive including a circus
tent, 3 swimming pools,
inline skate park, water
sports, family accommo-
dations with all the stan-
dard American comfort,
and the Golf Academy
with 18-hole and 9-hole
courses. A distinguishing
gem for Sandpiper is its
recent partnership with
the International Ten-
nis Academy USA (ITA),
providing a high caliber
of tennis programs. For
an all-inclusive look at
the resort, click on www.
clubmed.us.
Learn how to play the
legal game from the pros
at Temple University
School of Law, and learn
how to play tennis from
the pros at some of Flori-
da’s top tennis camps.

Access to HIV Prevention, Treatment, and Care
Services in Asia: A Human Rights Issue?
By: Kenny Oh, Esq.
In July of 2010 more than
20,000 professionals working
in the field of HIV/AIDS con-
verged on Vienna, Austria for
the 18th International AIDS
Conference. The biennial
conference brought together
professionals in the political,
legal, scientific, and advocacy
sectors working on HIV/AIDS
issues. The theme of the con-
ference, “Rights Here, Right
Now”, demonstrated the criti-
cal connection between HIV/
AIDS and human rights. Given
the 2010 deadline for univer-
sal access to HIV prevention,
treatment, care, and support
the conference coincided with
a major push for expanded ac-
cess in light of the global eco-
nomic crisis threatening to un-
dermine public investments.
Scientific developments in the
AIDS response
In one of the most atten-
tion-grabbing sessions of the
conference, the Center for the
AIDS Program of Research in
South Africa (CAPRISA) re-
ported that a clinical study of
889 women had found that a
microbicide gel used before
and after sex could reduce the
risk of HIV infection by nearly
40%. These findings were es-
pecially encouraging given the
fact that over the past 14 years
six previous microbicide tri-
als had failed. This self-applied
gel could make it possible for
women to reduce the risk of
HIV infection.
Although the results ap-
pear promising, researchers
noted that more tests need to
be conducted, more protective
formulations of the gel need to
Page 16
be found, and marketing needs
to be tailored to the women
who will use it. The gel's effec-
tiveness still needs to be con-
firmed in a larger clinical trial,
which is currently under way.
Researchers are also exploring
more potent formulations that
would provide an even greater
reduction in the risk of HIV
transmission.
"The gel is not perfect. But
for the first time in the fight to
control the global epidemic,
it offers women a way to pro-
tect themselves even without
the cooperation of their male
partners," according to a New
York Times editorial. Women
make up half of the roughly 33
million people who are HIV-
positive, and as South African
AIDS activist Vuyiseka Dubula
pointed out, "When women
want to engage in sex, we don't
want to spend the time negoti-
ating safety."
In a time of limited finan-
raised expectations for PrEP. If ited access to funding for HIV
cial and political resources, a successful, PrEP would benefit treatment to those who are al-
microbicide gel is a cost-effec-
all at-risk populations but is es- ready infected with HIV, how
tive and promising prevention pecially promising for women, can drugs be provided to those
strategy. It will take time, how-
who urgently need prevention who are uninfected as well?
ever, for the microbicide gel to methods that they can control Leading journalist Jon Co-
undergo further testing and be-
independently of men. Cur- hen noted that funding was a
come available to women who rently, scientists are conducting valid concern but that the de-
need it.
PrEP trials in Botswana, Brazil, bate was premature. "The argu-
The success of the CAPRISA Ecuador, Kenya, Malawi, Peru, ment that prevention somehow
microbicide study has had a
Thailand, Uganda and the competes with treatment fund-
positive impact on other new United States. ing is kind of the oldest, silliest
prevention strategies, includ-
Despite the renewed push argument in the field," he said.
ing Pre-Exposure Prophylaxis behind PrEP, the experimental "[But] we have to see what the
(PrEP). PrEP is a treatment-
approach is not without con- clinical trials show, if it works
as-prevention approach where troversy. Concerns remain and how it works under what
an individual without HIV
regarding the side effects of conditions. Then let's worry
takes a pill to prevent infec- taking the drug. Increased about the money."
tion. Giving medication to
drug resistance and the harm
those who are not infected is that can be caused by non- Compulsory detoxification
not a new concept. It is a com-
adherence are also issues of centers
mon prevention strategy for concern to scientists. The most Echoing a speech he made
malaria. But the recent success
vocal concern remains one of in Toronto in June, Michel Ka-
of microbicide research has funding. If there is already lim- zatchkine, Executive Director

Continued from page 16
of the Global Fund to Fight
AIDS, Tuberculosis and Ma-
laria, again called for the clo-
sure of compulsory detention
centers, where drug users are
detained for months or years
without trial or due process,
under the guise of drug treat-
ment.
The detentions usually take
place without a clinical assess-
ment. The drug users are of-
ten denied access to evidence-
based drug treatment and
other basic health services. In
some countries they are forced
to perform grueling labor for
no pay. Drug users in these
facilities may be tested for HIV
without their knowledge or
consent. Torture and inhuman
or degrading treatment has
also been documented.
In his speech in Toronto,
Kazatchkine said, “All com-
pulsory drug detention centres
should be closed and replaced
by drug treatment facilities that
work and that conform to ethi-
cal standards and human rights
norms. At the same time, as
long as such centres exist, I
strongly believe that detainees
should at least be provided with
access to effective HIV preven-
tion and treatment, provided in
an ethical manner and respect-
ful of their rights and dignity.”
Sessions at the conference
specifically discussed abuses in
forced detoxification centers in
China, Thailand and Vietnam.
NGOs in those countries could
continue to push the Global
Fund to work with them in ad-
dressing the concerns of drug
users about these facilities.
Reports: Criminalization of
drug use fuels AIDS
A special issue of the medical
journal, The Lancet, produced
specifically for the Internation-
al AIDS Conference, published
a ground-breaking series of ar-
ticles and commentaries on the
global HIV epidemic among
those who use drugs. Drawing
on their comprehensive exami-
nation of hundreds of studies,
the journal’s editors called for
an evidence and rights-based
response to HIV among people
who use drugs. Some of the
articles in the issue included
were:
• Steffanie Strathdee
and colleagues documented
the effectiveness of “triple ther-
apy” in preventing HIV among
drug users: opioid substitution
therapy (such as methadone),
needle and syringe exchange,
and antiretroviral treatment
(ART). In support, the authors
point to studies in Pakistan and
Kenya, where changes in policy
and access to healthcare have
contributed to reversal of the
epidemic.
• Daniel Wolfe and col-
leagues examined access to
ART for people who use drugs
in low-income and middle-
income countries, and found
that nearly half (47%) of all
injection drug users (IDUs) in-
fected with HIV are in five na-
tions – China, Vietnam, Russia,
Ukraine and Malaysia – where
policies on drug use make it
difficult for IDU to access treat-
ment. They found that crimi-
nalization of drug use; includ-
ing imprisonment, compulsory
detoxification, and the mainte-
nance of registries of the names
of drug users, creates barriers
to the treatment of AIDS.
• Ralf Jurgens and col-
leagues reviewed over 900
studies on human rights and
IDU and found that abuses of
human rights increase vulner-
ability to HIV infection and
negatively affect delivery of
HIV programs. These abuses
include denial of harm-reduc-
tion services, discriminatory
access to ART, abusive law en-
forcement practices, and coer-
cion in the guise of treatment
for drug dependence. Protec-
tion of the human rights of
people who use drugs therefore
is important not only because
their rights must be respected,
protected, and fulfilled, but
also because it is an essential
precondition to improving the
health of people who use drugs.
Because of their scientific
methodology, the articles in
this issue are potentially valu-
able tools for advocacy in
countries where drug use is
criminalized.
Consent and confidentiality:
challenges in HIV testing
A growing chorus of coun-
tries, NGO’s, and foundations
at the conference called for
routine testing as an effective
strategy for HIV prevention.
However a number of panels
and sessions at the conference
disagreed with this approach,
suggesting that rights abuses
related to drives to scale up
HIV testing can actually un-
dermine AIDS prevention.
Most testing policies fo-
cus on the benefits of testing
and not on the potential risks.
While UNAIDS advocates for
“The Three C’s” – counseling,
confidentiality, and consent
when it comes to testing, many
national policies do not include
these as part of their testing
protocols.
In certain countries, HIV
testing may be a precondition
for marriage. In her confer-
ence presentation researcher
Katya Burns noted that in Bah-
rain, Guinea, Malaysia and the
United Arab Emirates, women
who do not “pass the test” can
be beaten or expelled from the
home. While such compulsory
Page 17
tests disproportionately affect
women, they also promote a
false sense of security within
the institution of marriage it-
self.
Lack of confidentiality can
result in serious rights abuses
that drive people underground
and away from treatment and
prevention services. In many
of the countries where the HIV
epidemic is most strongly felt
there are no data protection
laws. To address this concern,
the International Labour Or-
ganisation (ILO) adopted new
guidelines last month that
specifically codify the right of
confidentiality. However, dur-
ing those ILO negotiations,
representatives from several
developed countries such as
France, Germany, and Austria
opposed confidentiality pro-
visions, arguing that the HIV
epidemic had been "imported"
from other countries.
Looking forward
The next International AIDS
Conference is scheduled to be
held in Washington, D.C. in
August 2012. This coincides
with the United States’ an-
nouncement in early 2010 of
the lifting of discriminatory
travel restrictions on people
living with HIV. This is the
first time in decades that such a
conference has been held in the
United States. The forum will
allow the United States to dem-
onstrate its commitment to
human rights principles in the
field of public health. Consid-
ering the nature and extent of
strategic relationships among
the United States and countries
in Asia, the upcoming confer-
ence is also an opportunity for
deeper and broader engage-
ment on issues regarding HIV
in both hemispheres.
Page 18