The Legal Minute February 2011

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Title

The Legal Minute February 2011

Subject

St. Mary's University School of Law

Description

Anti-Death Penalty Group Speaks at Law School, Lawlapalooza is Back, Campus News, Scholarships and Writing Competitions, The St. Mary's Law Journal, Bar Review Discounts and Money Back, Pro Bono Opportunities, School Calendar for Paws, My Internship in Be

Creator

St. Mary's University School of Law Student Bar Association

Publisher

St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law, Sarita Kenedy Law Library

Date

2011-02

Contributor

Blaise Regan, Holly Gonzalez, Shekinah Hammonds, Francis Nathan, Sister Grace Walle, Laura E. Cauley, M.E. Ramirez

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NULL

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The Legal Minute

Format

RFC3778

Language

English

Type

Text

Identifier

STMULawTheLegalMinute_2011Feb

Coverage

2011

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Lawlapalooza
is Back

By Sister Grace Walle
Campus Minister

Journey of Hope, an anti_.....---._death penalty group, made a stop
on its Texas tour in San Antonio.
The Marianist Social Justice Collaborative, with help from Sister
Grace Walle and Brother Brian
Halderman, hosted the group on
October 25th at St. Mary's School
of Law campus.
The Marianist Social Justice
Collaborative is dedicated to educating the Marianist family and
the general public on what they
believe to be the injustices and
inequities of the capital punishment system in the United States.
They are involved in local, state
and community anti-death penalty organizations and represent
the Marianist family at national
and international gatherings
that center around abolition of
the death penalty. The Marianist Social Justice Collaborative
has collaborated with numerous
national abolition organizations
including Journey of Hope.
Journey of Hope is a nonprofit organization led by the
families of murder victims that
conducts public speaking tours
that address alternatives to the
death penalty. The members of
Journey of Hope come from all
walks of life and include murder victims' families, individuals that have been released from
death row and exonerated of
their crimes, and in some cases
the families of convicted murderers. Journey of Hope has three
basic goals that it seeks to fulfill
through the following activities:
an annual two week public education event, year-round tours in
various states and countries, and
establishing a retreat center.
The group's speakers consisted of three people who have
been affected in some way by the
death penalty. The group's first
speaker, Curtis McCarty, who
spent 21 years in prison (19 of
which were on death row) was
exonerated in 2007 of the murder of Pamela Willis. On De-

cember 10, 1982, Pamela Kaye
Willis was found brutally raped
and murdered in her home in
Oklahoma City. District Judge
Twyla Mason Gray conducted a
hearing in October 2004 and. in
November 2004 she reported to
the Court of Criminal Appeals
that Gilchrist had withheld evidence, "most likely lost or intentionally destroyed" evidence,
had provided flawed laboratory
analysis of crucial evidence, and
had altered lab reports and her
handwritten notes in an effort
to prevent detection of her misconduct. The Court of Criminal
Appeals stated that they "[were]
concerned ... with whether or
not [McCarty] received a fair
trial and sentencing proceeding,
and [that] Ms. Gilchrist's actions
alone warrant[ed] a new trial."
In 2005 McCarty's attorneys won
a new trial but before the new
trial was held, additional DNA
testing was done in 2007 of material taken from under Pamela's

fingernails. The testing showed
that Curtis' DNA did not match
that of the evidence taken from
Pamela's nails. Using this exculpatory evidence, as well as Gilchrist's misconduct, McCarty's
attorneys moved to dismiss all
charges against him. On May
11, 2007 Judge Gray granted the
motion to dismiss all charges
and Curtis was released from
custody.
Standing in front of the people who were gathered to hear
him speak, Curtis talked about
how hard his wrongful conviction was on his family and the
fact that only his parents spoke
up for him when he was charged
with Pamela's murder. He became emotional when speaking
about, how in 2001, he began to
write his final will and testament
believing that he would die on
death row. McCarty travels with
Journey of Hope speaking at
schools and to the community to
urge people to oppose the death

penalty.
Journey of Hope's second
speaker was Bud Welch, a man
who lost his only daughter,
23-year-old Julie Welch, in the
Oklahoma City Bombing. Julie
was a Spanish translatcrr for the
Social Security Administration
and on the morning of the bombing Julie had an appointment
with a Mexican man who could
not speak English. She walked
from the back of the Murray
building where her office was
located to the waiting room of
the Social Security office to meet
her client and his friend; as they
were walking back to Julie's office the bomb detonated and all
3 were killed.
Mr. Welch talked about how
all his life he had opposed the
death penalty but after Julie's
death he had feelings of rage
and vengeance towards both
Timothy McVeigh and Terry
Nichols. Bud spoke candidly
Continued on Page 5

Everyone is invited to the third annual Lawlapalooza - February 18, 2011
at Hemingway's Tavern. It's our one
night a year to show off our musical talents and act like rock stars - so if you
sing or play an instrument, sign up!
Don't be shy. We had a blast last year
and are looking forward to this year's
performance surprises. All types of acts
are encouraged to sign up, whether you
sing, play guitar, have a whole band, a
one-man show, or even invented your
own form of musical entertainment. You
don't need a full set to play, if you have
one song you want to perform, that's fine
with us. Come out and show us how you
rock out when no one's looking. It's going to be a great time.
Benefit information: LLP 2011 event
benefits the Capitol School of Austin
(CSA). CSA is a non-profit school with
programs designed specifically for preschool to third grade children with learning differences in the areas of speech and
language. Among the great programs
offered at CSA is a music therapy program that we would like to contribute
to. CSA will provide half the funding
for the year, leaving $2,500 that needs to
be raised. Think of how great it would be
to know that you and I were part of giving a child the gift of music for an entire
year! To see more on the school, you can
visit their website at http://www.capitolschool.com.
Sign-ups begin next week (in person
or via email), Tuesday through Thursday, in the law classroom building. Look
for our banner, the Legal Society for Musicians.

What's

INSIDE
Campus News
Catholic Identity
Commentary
Travel

SCHOLARSHIPS

CAMPUS NEWS

COMMENTARY

TRAVEL

Do not miss the deadlines for
scholarships and writing competitions. Pg.3

Pro bono opportunities and a
"Paws" calendar . Pg. 4

Fighting attorney burnout Pg. 7

Ajourneytolnnsbruck.Pg.S

Campus News

Page Two

February 2011

NEWS IN BRIEF
THE 17fH ANNUAL PEOPLE'S LAW SCHOOL
The 17th Annual People's Law SChool will take place on Saturday, February 19,
2011 from 9:00a.m. to 1:00 p.m. in the Law Classroom Building. Qualified local
·attorneys will share their experience in a series of classes. The event is OPEN TO
THE PUBLIC and ADMISSION IS FREE. Volunteers are needed to perform various
tasks throughout the day. If you are interested, please go to the Pro Bono TWEN
site for more deta-iled information.-.
-

AT&T SUMMER INTERNSHIP
Attention Class of 2013. Interested in working Dallas THIS summer? $$$$ Looking for that rare paid position ... then keep reading$$$$ AT&Ts Legal Department
is hiring Class of 2013 students for their summer internship in Dallas. This is a
·full-time position that will last for 10 weeks. Don't wait app1y TODAY! To apply
lqg into the St. Mary's Symplicity athttps://la~-stl?-arytx-csm.~ymplicity . com/stu­
dents/ Go to the Job Bank tab. You should eas1ly find the postmg m the Job Bank.
UJ?load your resume~ wr~ting sample ~nd transcript and then apply on Symplicity.
It IS that easy! ~e deadlme to apply 1s February 11, 2011.

MILITARY LAW ASSOCIATION- LONG MILE 5K/10K RUN
St. Mary's University School of Law Military Law Association is hosting a Long
Mile 5k/10k Run on Saturday, March 5, 2011 at 9:00 a.m. Free race t-shirt, drinks
and refreshments on race day. Registration fee is $25. Proceeds to benefit Fisher
House. You may register four different ways; 1) online at www.active.com (additional fee assessed), 2) Military Law Association's TWEN site sign-up sheet, 3)
on campus in the law classroom building and University Center, January 26 and
February 9 or 4) on race day, but please show up no later than 8:30 a.m. Look for

us on FACEBOOK. Registration after February 12, 2011 will delay t-shirt delivery
on race day . •This event is co-sponsored by Sister Grace Walle's Law Ministry.

NEED A DATE FOR VALENTINE'S DAY?
Tired of dating the same ol' law students? Looking for a way to connect to other professional graduates in the San Antonio area? Join the UT Health Science Center . Medical and Dental students on Thursday, .February 10, 2011 at this year's Valen~ . tine's Speed Dating event. Tickets are $20 dollars at the door and light refreshments
will be served. Profits will benefit various charities in San Antonio. Event begins
at 5:30 p.m. and will last until 8:00 p.m. Come meet a future mate, or client, at this
collaborative event. Student ID is required and R.S.V.P. is preferred but not necessary. If you are interested please send name, email, and phone number to sga®uthscsa.edu. Event will be held at the Parman Foyer on the UT Health Science Center
campus located at 7703 Floyd Curl Drive. GLBT community welcome. .

4TH ANNUAL ST. MARY'S ALUMNI GOLF TOURNAMENT
St. Mary's law students who are interested in attending Innsbruck this summer
are invited to apply for this scholarship. This scholarship was established by the
family of Sarah Thompson who was a vocal fan of the Innsbruck program and encouraged all those around her to attend. Sarah was a second year law student at
St. Mary's who was tragically killed. Allapplications are due to Sr. Grace Walle by
5:00p.m. on Friday, March 25, 2011. Please submit either a hard copy to her office,
LF 106, or by email to gwalle@stmarytx.edu (please put Sarah Thompson Memorial
Scholarship in the subject line). Scholarship recipients will be announced by April
1, 2011 and the two winners will receive $500 and $1,000 respectively. Recipients
are chosen by a committee based on writing ability and persuasiveness. Please pick
up the application at one of the bulletin boards on campus, from Sr. Grace Walle or
on the Innsbruck website.

Announcements
1) Cl1eck Ollt the Student Bar Association 011 tl1e St. Mar:y's
Law welJsite.
vVW'\iV.sttnarytx.edtljla'\i\7-+ Curre11t Students-+ Student Bar
Associatiotl
Otir most it1formative feature is a Universal Calendar. This
Calet1d~.rl1as all St. Mar~,r's la\\7 events stib111itted to
SBA. Please check it ofte11!
2) "Like" SBA Facebook }Jage (St. Mary's University- Stuclent Bar
Associatio11) or "Follow" us 011 T\\?itter (StMUSBA)

3) SBA Outii11e Bank available on SBA's TWEN site
4) SBA Book Exchat1ge Site on Facebook (St. Mary's La\v Book
Exchange)
L--········-····-··-·-----··-----·-·---··-·--·-------··-------------·------------------·---··-·····------··------··--------·--------·-·····················----------------------·----······- · ·-···--·------------------·········-- ---·····----------------·--·------------·-····------··----------------------·-------····-----··------·--------------------~------------·--'--··-·-----------------------------·-------·····---···-----·--------------------------·-·-·-·--····---···-···--------·--------·---------·------··----------------·------------·-----·-

Page Three

Campus News

February 201 1

The St. Mary's Law Journal

SCHOLARSHIPS AND
WRITING COMPETITIONS
These and additional scholarships are posted
in the Witan. For a copy of detailed information regarding the below writing competitions
and scholarships, please email Bebe Gonzales
at bgonzales@stmarytx.edu.
The Cameron County Bar Association is
proud to announce the establishment of
its Scholarship Fund. The Fund will award
$3,000 for financial assistance annually to
each scholarship recipient. The applicant's
financial need; personal, family, and educational background; personal statement; and
participation in community service activities
will be considered in selecting the recipients of the Cameron County Bar Association
Scholarship. Application deadline is March
11, 2011. For more information and application please see http://www.law.uh.edu/financialaid/cameron%20county. pdf.
The National Association of Chapter 13 Trustees has established an annual student writing competition to encourage and reward
original law student writing on issues concerning consumer bankruptcy and the law.
Entrants should submit an essay, article, or
comment on an issue concerning Chapter 13
of the Bankruptcy Code. The author of the
first-place essay will receive a prize of $1000
and the essay will be published in the NACTT
Quarterly. Entries must be received by April
30, 2011.
Nightlight Christian Adoptions announce
their fourth annual 2011 Embryo Law Essay
Competition. The challenge will be to write
a scholarly position paper in response to a
problem presented regarding embryo donation/adoption. There is a total of $5,000.00 in
prize money. To register or for more information, please visit www.embryolaw.org. Deadline to enter is Monday, March 7, 2011.
Notre Dame Law School Smith-Doheny Legal
Ethics Writing Competition Call For Papers.
The competition is open to all law students.
Entries should concern any issue within the
general category of legal ethics. Entries must
be original, unpublished work and must
not exceed 50 pages, including notes. Coauthored essays may be submitted. Prize
money is $2,500. Entries must be received by
5:00 p.m., Friday, April 29, 2011. Submit Entries to: Smith-Doheny Legal Ethics Writing
Competition, Notre Dame Law School, Notre
Dame, Indiana 46556. For more information,
please email suinption.l@nd.edu or go to
www.nd.edu/-ndlaw/writing_competitions/
smith_doheny.pdf

The St. Mary's Law .Journal hosts the
Tenth Annual Symposium on Legal Mal. practice & Ethics. 6 tLE Ethics hours
available.
Date: Friday, Febru1ry 18, 2011
Venue: The Plaza Club, 100 W. Houston, Suite 2100 San Antonio, Texas
Time: 8:00 a.m.-4:00p.m.
Register: Interested law students and
faculty should send an email to lcauley@
mail.stmarytx.edu or rhiggins@stmarytx.
edu by February 11, 2011
The St. Mary's Law Journal invites
the St. Mary's University School of Law
students and faculty to attend the Tenth
Annual Symposium on Legal Malpractice & Ethics. The program will address
a variety of topics in the areas of ethics
and legal malpractice, including professional responsibility in social media, ethics for prosecutors, and recent case law
updates. Papers from the Symposium will
be published in the inaugural issue of St.
Mary's Journal on Legal Malpractice &
Ethics. Participants will receive 6 CLE ethics hours.
Symposium Topics and Speakers:
Probing the Fundamental Assumptions
and Redefining the Roles of Judges, Mediators and Lawyers in Mandatory Mediation
Tracy Walters McCormack is Director
of Advocacy at the University of Texas
School of Law. The co-author of a new
book (The First Trial: Where Do I Sit?
What Do I Say?), she recently published an
article entitled "Honesty is the Best Policy:
It's Time to Disclose a Lack of Jury Trial
Experience."

Circular 230: New Rules that Govern
Practice Before the IRS
C. John Muller is an associate at the law
firm of Strasburger and Price in San Antonio, Texas. He represents small businesses
in the areas of taxation and business litigation and provides general litigation services, advice on matters of organization
and governance, and fiduciary duties and
responsibilities.
Professional Responsibility for the
Pro Se Attorney
Margaret Raymond is the William G.
Hammond Professor of Law at the University of Iowa College of Law. She is
the author of "The Law and Ethics of Law
Practice" (West 2009), a casebook iri professional responsibility, and is a frequent
provider of continuing legal education in
ethics.
How Should Lawyers Handle the Receipt of Possibly Privileged Information
that Has Been Probably Unintentionally
Disclosed?
James M. Fischer is Professor of Law at
Southwestern Law School in Los Angeles,
California. Professor Fischer served on the
California State Bar Committees on Professional Re~ponsibility and Conduct, Legal
Malpractice Insurance, and the Administration of Justice.
Case Law Update
Justice Sandee Bryan Marion serves on
the Fourth Court of Appeals where she has
been since January 2002. Justice Marion
served as Judge of Bexar County Probate
Court No. 2 from 1992 until her appointment to the Fourth Court of Appeals. Justice Marion was named the 2008 Distinguished Graduate of St. Mary's University

School of Law.
Legal Malpractice Experts and the
Duty to Report Professional Misconduct
Vincent R. Johnson is Professor of Law
at St. Mary's University where he teaches
and writes in the areas of torts, professional responsibility, and legal malpractice.
Professor Johnson's articles have been cited in more than 125 law reviews and numerous federal and state court decisions.
Practical Ethics for the Professional
Prosecutor
Enrico B. Valdez is the Appellate Di-·
vision Chief of the Bexar County District
Attorney's Office. He has authored and
co-authored several papers on various
criminal law topics, including prosecutorial ethics and has been a speaker at programs sponsored by the State Bar of Texas,
University of Texas School of Law, and
The Texas Court of Criminal Appeals.
·
An Article We Wrote in the Future: A
Look Back at Early 21st Century Views of
Ethical Issues and Technology
David Hricik is Professor of Law at
Mercer University School of Law in Macon, Georgia. He served as a member of
the Texas Disciplinary Rules of Professional Conduct Committee of the State Bar of
Texas and advised lawyers and law firms
regarding ethical issues for nearly two decades. His blog, legalethics.com, follows
ethical issues arising from technology.
For more information contact:
Laura E. Cauley
Symposium Editor
(817) 980-5145
lcauley@mail.stmarytx.edu

The Scholar: St. Mary's Law Review on Minority Issues
The Scholar presents its 2011 Symposium "Minorities in Family Law: Family Law as an Agent of Social Change and Empowerment for Minorities in the 21st Century"
The Symposium will take place on Friday February 11, 2011
at the Plaza Club in the Frost Bank Building (100 W. Houston) in
downtown San Antonio, Texas.
This year's Symposium will explore the role of family law as
an agent of social change and equality for minorities. Historically, family law has rejected the traditional gender roles associated
with marriage and favored a vision of family life grounded in
principles of gender egalitarianism. Now, as we near the end of
the first decade of the twenty-first century, family law has taken
center stage in the national political platform, leading a wave
of legal reform that favors our country's changing social needs
which have sparked a revolution in areas such as same-sex marriage and reproductive technologies. As family law leads this
revolution of social change, family law attorneys are increasingly
becoming more active in their dual roles as both counselors and
advocates. Our symposium will reflect how the typical model of
a family lawyer as a problem solver is effectively transforming
into that of gladiators who are willing to take extreme adversarial
positions, not only protecting the interests of their clients but ultimately acting as agents of social equality for minorities.
AGENDA
8:30 am Registration
9:00 am Welcoming Remarks
9:05am Judge Gloria Saldana
A Jurist's Perspective on the Long-Term Impact of Family Law
on Hispanic Children
9:50 am
Angela Shimek
Married to the Military: How to Protect Your Property

Interests After the Marriage
Mission Fails
10:35 am
Dr. Saby Ghoshray
Parental Rights and the Lack of Constitutional Protection
11:20 am
Judge Richard Loza
Protective Orders and Their Effects in Divorce and Custody
Cases
12:05 pm
Lunch
Rosa Maria 'Rosie' Gonzalez
12:45 pm
The Cycle of Violence: Domestic Violence and its Effects on
Children
1:30pm
Michael Ritter
Perry v. Schwarzenegger: Trying Same Sex Marriage
Professor Glenys Spence
2:15 pm
Singing Songs in a Strange Land: The Plight of Haitian Children in the Space on
International Adoption
3:00 pm
Elizabeth Angelone
Status Offenders Left Behind: The Criminalization of Truancy
Under the Texas
"Failure to Attend" Statute
3:30 pm
Hayden Colby
How Texas Can Better Protect its Seniors from Financial Abuse
and Mismanagement
Associated with Alzheimer's Disease
4:00 pm
Concluding Remarks
If interested in attending the Symposium, please register at
http://thescholarlawreview.eventbrite.com/ or directly with our
office at (210) 431-4229. For any additional questions, please
contact Francisca at fperezl@stmarytx.edu or Emmanuel Garcia,
Managing & Symposium Editor at emmanuel.gp100@gmail.com.

Campus News

Page Four

Bar Review Discounts and Money Back
THE PRICE IS RIGHT- KAPLAN
TUITION DISCOUNT

ATTENTION BARBRI SHOPPERS
THE BLUELIGHT SPECIAL IS BACK

Savings up to $200 to one lucky bidder
APALSA and Law Ministry are accepting
online bids for a KAPLAN Discount Coupon
worth $500 off a Complete Course Enrollment. The award may go to any 1L, 2L (or
3L as long as you have not paid your 3L -$200
deposit to officially enroll in a course. Essentially, if you have paid for your course tuition,
you are not eligible to bid and receive a refund. It also means, if you have merely placed
your 1L/2L deposit to lock in your price, you
may still bid.) Strategy is key. You want to bid
high enough to out-bid your competition and
win the bid, while still bidding low enough
to maximize your potential savings. All bids
must be higher than $300 to be considered.
Only one bid per student. The highest bidder will win the certificate. All bids must be
received by Friday, February 18, 2011. Email
your bid to Sister Grace Walle at gwalle@
stmarytx.edu.

Here is an opportunity to get your
BARBRI tuition significantly discounted. Even if you have already paid
in full, you are eligible for a refund.
APALSA and Law Ministry are holding
an online auction to buy a BARBRI gift
certificate worth $1400. Strategy is key.
You want to bid high enough to out-bid
your competition and win the bid, while
still bidding low enough to maximize
your potential savings. All bids must be
higher than $850 to be considered. Only
one bid per student. The highest bidder
will win the certificate. All bids must be
received by Friday, February 18, 2011.
Email your bid to Sister Grace Walle at
gwalle@stmarytx.edu. You will receive
an email confirmation by 9:00p.m., February 19,2011 from Sister Grace informing you that your bid was received. The
winner will be announced in the next

issue of the Witan. Winner will need to
deliver a check for the winning bid to
Sister Grace no later than March 1, 2011,
good only for Texas bar review. In the
event of a tie, the earliest bid wins. Proceeds will benefit Law Ministry and the
China Pioneer Scholarship Fund. You
will receive an email confirmation by
9:00p.m., February 19, 2011 from Sister
Grace informing you that your bid was
received. APALSA will announce the
winner in the next issue of the Witan.
Winner will need to deliver a check for
the winning bid to Sister Grace no later
than March 1, 2011. In the event of a
tie, the earliest bid wins. Proceeds to
benefit a scholarship fund for the China
program.

Tired of writing papers for credit?

Write an article for the Legal Minute
and get paid $25 in - ash!
c

February 2011

Pro Bono
Opportunities
All current law students are encouraged
to sign up and visit the Pro Bono TWEN
site for more information on Pro Bono
and Community Service volunteer opportunities that count towards achieving the
Pro Bono and/or the Community Service
Achievement Certificates. (Students who
complete 50 hours of qualifying volunteer
work are eligible to receive either/each certificate. See the TWEN site for more information.)
Students can also visit the Pro Bono/
Community Service Information Desk located in the Raba Building lobby. The current RA will generally be available to answer questions and receive hours tracking
forms this spring, Mondays from 1:00-3:00
p .m . and Tuesdays from 10:30 a.m. - 12:30
p.m.
For more information visit the Pro Bono
TWEN site or contact the current Pro Bono
Services Division Research Assistant, Cristina Zambrano, at StMarysProBono®gmail.
com.
The Director of Development and Marketing at the St. Mary Magdalene Catholic
School is seeking current students to apply
for the following volunteer positions: Database Developers, Event Leaders, and "Phonathon" Administrators. All these are part
of a professional experience that will offer
you real life working experience that can be
used on your resume and pro bono or community service credit.
Interested students should apply directly by contacting:
Carlos Zaldivar, MSM
St. Mary Magdalene Catholic School
carlos@carloszaldivar.com
210-735-1381

j

$$$

$$$

$$$

Slepfl:
1, Wriw an artwle (topw ot your choosing, law related)
2, Email it to thelegalminute@gmail.com
3, Gn $25, it it i~ publisMd in tM JWXt issuew

School Calendar
- "For Paws"
St.MU School of Law SALDF is creating a School Calendar for the school year
2011 through 2012 to raise funds for "For
Paws". For Paws is the non-profit organization responsible for caring for the cats
on St. Mary's University's campus. Please
be part of the project by submitting a picture of your beloved pet (or you with your
pet) to st.mu.law.saldf@
gmail.com, post it
on StMU School of Law facebook page or
contact Melissa Lesniak at mlesniak@mail.
stmarytx.edu to arrange alternate delivery of a picture. Please include your name,
your pets name and email address so that
we may contact you to let you know if your
picture will be in the calendar. We cannot
guarantee all pictures will be used, but we
will do our best to try and include everyone. Please do not hesitate to include a brief
(no more than Slines) story about your pet
if you would like. St.MU School of Law
'Will . collect pictures today through February 14, 2011. If you have any questions
please email Melissa Lesniak, St.MU School
of Law SALDF President at mlesniak@mail.
stmarytx.edu.
Calendars will be sold during the
months of March and April for $16.00 each.
All proceeds of the calendars will go to "For
Paws" Jor the care 0f the cats on St. Mary's
campus.

Catholic Identity

Page Five

The Legal Minute

February 2011

Anti-Death Cont'd
Continued from Page 1

Editor-in-Chief
Blaise Regan

about the fact that in those first
few months he drank heavily to
cope with Julie's death. In January of 1996 Bud began to question
his desire to have McVeigh and
Nichols put to death. He asked
himself what he needed to move
on: Was it the trials? An execution? Mr. Welch said that these
questions weighed heavily on his
mind for the next 3 weeks. He finally came to the conclusion that
by executing McVeigh and Nichols it would only be an act of hate
and revenge; the very same reasons that Julie and 167 others had
died. Mr. Welch told the audience
that "revenge [had] never healed
anyone."
In September 1998, Bud got
a chance to meet with Timothy
McVeigh's father Bill McVeigh.
Mr. Welch said that even though
he had lost Julie he could still
speak about all of the wonderful
things she did but Mr. McVeigh
had to wake up every morning
with knowledge that his son was
responsible for the deaths of 168
people. Mr. McVeigh can never
say anything good about his son
who Mr. Welch learned, was a
good kid until he came back from
the Gulf War with Post Traumatic Stress Disorder (PTSD). Bud
Welch now travels around the
country speaking out against the
death penalty.
Journey of Hope's third speaker, Terri Steinberg, talked about
the conviction of her son Justin
Wolfe for the murder of Danny
Petrole and her fight to prove
that Justin is innocent. Justin was

Managing Editor
Holly Gonzalez

Contributing Writers
Shekinah Hammonds
Francis Nathan
Emmanuel Garcia
Sister Grace Walle
Laura E. Cauley
M. E. Ramirez

Letters to the Editor

The Legal Minute welcomes
letters to the editor. Please
e-mail all submissions to
thelegalminute@gmail.
com

M

..

:

.

convicted in 2002 of ordering the
murder of Danny by a small time
drug dealer named Owen Barber.
According to Terri Justin received
a marijuana delivery from Danny
on March 15, 2001; later that night
Owen followed Danny home and
shot him 9 times as he sat in his
car outside his townhome. Owen
later implicated his friend, and
drug dealer, Justin Wolfe in Danny's murder stating that Justin
had asked Owen to commit the
murder for cash and a supply of
drugs. Terri described Justin as
a good kid who had never really
been in trouble. She did not know
that Justin was selling and using
drugs.
In July of 2002 Justin found
himself on death row where he

was confined to an 8x6 cell with
no books or magazines to occupy
his time . Terri tearfully recounted
how the other inmates took up a
collection for Justin to obtain some
of these items so that he cou)d survive his first two weeks there. In
2005, after all of his state appeals
were exhausted, Justin was given
an execution date of October 28th.
It was in December of 2005 that
Owen Barber recanted his claim
that Justin had ordered Danny's
murder. In May of 2009 Justin's
case was remanded and a hearing was set for November 2nd
based upon errors in the case and
the fact that witnesses who spoke
against him were prepped together. Terri Steinberg holds out hope
that Justin will be exonerated and

allowed to return home but until
then she spends her time attending anti-death penalty rallies,
working with anti-death penalty
groups, and maintaining a website she has set up for Justin: Justice4Justin.net.
At the end of the program various students expressed shock and
surprise at the stories they heard.
Anna Lichtenberger said that she
found most of what she heard to
be shocking and that she felt she
had not been very well informed
about the death penalty or its
ramifications before listening to
the speakers. Stephanie Miller
found the speakers to be very eye
opening and said that she enjoyed
hearing a first person account of
the effects of th~ death penalty.

Whereclickin~<Firtgers is allowSd
.
1822 N, Zarz~ora · (210) 731·6600

.
Hours of Opet:ati6n;
Moftd y • Thurtday~ llant •7pm; Friday-Saturday, llam •·Spm; E'¥ ry Oth r Sunday, 12 • Spm
·

Page Six

Commentary

February 2011

My Internship in Beijing
By Francis Nathan
Contributing Wrher
I was delighted and thought
very lucky when I got the call from
Professor Hu that King & Wood,
the largest and most prestigious
law firm in China had offered me
an internship in their main office
in Beijing. I was terrified because I
don't speak Chinese and was only
alL with just twenty one hours of
law school education! Nevertheless, I was excited about the opportunity to make my foray into the
legal field in China where English
is not the common language.
My entire experience in China,
the internship and classes offered
by the Institute on Chinese Law
and Business was just simply fantastic and a memorable one.
King & Wood is the premier
law firm in China. But, you will
not find Mr. King or Mr. Wood
because they don't exist and never
did. That brings me to where I
worked in this large firm - in the
marketing department. I did not
expect that law firms would have
a professional marketing department with dedicated staff who
would sit around and come up
with a name for their law firm. Left to right: Colleagues at K&W. Xiauyu- LLM intern, Mark- Chief Marketing Officer, Francis- intern, Richard- Supervisor, Yanni- Mark's AsWell, that was how the name was sistant.
coined, like Pepsi or Exxon, who
knows what they mean. Actu- dinary fare for the firm to advise possibility of conflicts of interest He discussed Bilski v. Kappas and Johnson to apply for internships
ally, the translation in Chinese of clients in raising billions of dollars arising where the firm might be how it was similar to a patent pros- even if you do not intend to work
King & Wood is supposed to mean simultaneously in multiple inter- engaging on both sides of a dis- ecution he was working on. He for a very large law firm. The
national capital markets in Asia. pute. The new system will alert was pleased that I was then taking exposure to the formal organizasomething good.
The marketing department is Advising on mergers and acqui- the partner before they meet with International Intellectual Property tional structures of a large firm
headed by Mark Schroeder who sitions of giant international oil prospective clients of the firm's with our program in Beijing. I also will help understand how to put
hails from Minnesota who con- companies, telecommunications history with the client. I offered had some interesting discussions together the foundational pieces
versed in perfect English with and infrastructure contracts were ideas and suggestions on the end with Moses Tan, a Chinese lawyer for a firm setup to become a large
me. Whew, lucky again! Mark is normal everyday legal practice. user friendliness, database design from Hong Kong, and the Chief In- multinational law firm .
I am grateful to the Institute on
the Chief Marketing Officer who Very quickly I became aware of and inter-operability with existing formation Officer. Moses was rewas responsible for promoting the extreme diligence required in corporate wide data objects and sponsible for the dissemination of Chinese Law and Business and esthe firm and generating demand everything anyone did in the firm the availability of prepackaged current legal trends and thoughts pecially Professor Hu who found
to the rest of the firm. Moses at the the internship opportunity and
for its legal services. The market- because of the significant conse- tools and utilities.
During the meeting, I learned time (July 2010) was already think- handled the introductions and neing department also ensured that quences of any oversight.
The other area I contributed to about the organizational structure ing about the Gulf Oil spill and gotiations so that I could still parthe firm's image, trademarks, announcements, press releases and was publishing the firm's practice of the information systems de- how it may be linked to China if ticipate in the field trips and other
other general public interactions areas with the partners' creden- partment and its relationship and there was a link at all! Moses was events with the rest of the students
were meticulously controlled and tials. This activity was primarily interactions with the marketing pleased about my internship, he and faculty. And special thanks to
organizing the one page profile of department and human resources gave me five books to read about Sister Grace for the China Pioneer
managed.
I had the opportunity to con- all the partners in a format suitable department. It was clear that the China on the first day I met him so Scholarship for helping ease the
tribute in several areas. The first for displaying on the internet. I information systems department I could discuss China intelligently pain of the expenses.
was the preparation of briefs al- learned to navigate and use Mar- played a key enabling role at King with him for the rest of the six
ready translated from Chinese to tindale Hubbell. This is an interna- & Wood as in other large corpora- weeks I was going to be there!
King & Wood has over 100
English. My job was to review tional directory of law firms. This tions.
The internship was a valuable foreign lawyers who practice in
scores of briefs of successful en- was fun in the beginning, being
gagements for submission to in- impressed by all the achievements experience. I learned about the Hong Kong, Japan, and the USA.
ternational legal periodicals. The of the partners. But, after reading structure, operations and the im- The partners I met appreciate the
publishers of these periodicals and cutting and pasting a few doz- portance of strategic business de- academic rigor of the JD qualificaexamined these briefs to identify en profiles, it became a tedious job velopment programs in generating tion from the USA. It is not necesThe oprntons expressed in
creative and significant legal strat- because of the poor response times a huge revenue stream to support sary to be a member of the Chinese
tbese commentaries are those
egies the firm employed for the in China from Martindale's servers a large multinational law firm. bar to be a foreign lawyer at King
of tl:le authors only. litlle Legal
success of their clients to recognize located in the USA. In fact, I had to The exposure to significant risks & Wood. I got acquainted with
Minute invites law students t<>
write a not so flattering assessment in dealing with transactions that Mark Schaub who 'was the first forlaw firms for various awards in
submit commentaries expressAsia. I organized and edited the of the usability of the online tools could affect the survival of a large eign lawyer to join King & Wood
ing opposing viewpoints.
client corporation and in some in 2000. Mark was named one of
briefs for brevity to assist the selec- the firm licensed.
I participated in the design and cases the economy of a province or Asia's lawyers of the year from
tion committee from the publish2003 to 2008. His book, China: The
ers of the periodicals to assess the development meeting of a system the state itself.
The people in the firm were Art of Law became the best seller
performance of the firm by prac- that would detect conflicts of interest. The firm was aware of my kind and friendly. They were will- for the publisher. He was kind to
tice areas.
This gave me a bird' s eye view experience in systems and soft- ing to help and assist in doing my give me a couple of his books.
The internship is a great netof the major engagements of the ware development. Being a large job. I met Frank Feng, a partner in
firm by partners. I was amazed law firm with dozens of offices and the Intellectual Property Practice working opportunity. I would enby the scale of the substance of the partners meeting clients in three Group. Frank liked the idea of US courage everyone going to Beijing
transactions in China. It was or- continents, there was a distinct law students interning at the firm. with Professor Hu and Professor

Page Seven

Commentary

February 2011

Fighting the Blaze of Attorney Burnout
work-product, then the.y must take preventative measures
to ensure that they foster a healthy work ethic by treating
symptoms of burnout early on. Burnout is so prevalent in
The legal profession is currently. under a toxic attack as our profession yet there are few articles that target how fumembers of the profession fight the flames of burnout while ture attorneys can avoid it altogether.
·
trying to m'a intain the essence of competent representation.
Even more intriguing than legal studies, psychological
The blaze has reached the classroom, and future attorneys studies have shown that attorneys who ignore the signs of
are being caught without proper protection to combat the burnout are prone and susceptible to Secondary Traumatic
. heat. While future attorneys fight the flames, academic Stress ("STS") or Vicarious Trauma ("VT"). These condiperformance is being charred and psychologists are now tions result from negative emotions and behaviors that
forming opinions about the toxicity of practicing law. This emanate from a client that directly affects the professional
poses a great problem to society because legal advice has, at capacity of the attorney in responding to the trauma of a cliits finest, driven public policy, aided government decision- ent. If we agree that symptoms such as sleeplessness, eating
making, and in a majority of jurisdictions become "central disturbances, increased anxiety and depression affect a perto the enterprise" of society. Attorneys are intricately po- son's job performance, then we must also agree that a future
sitioned in society to breathe life into stale laws and lifeless · attorney who experiences these symptoms will exhibit poor
traditions and legal advice should in essence encourage the performance from the courtroom to the classroom.
clients to "do the right thing."
Because the practice of law might require an attorney
However, if the attorney is experiencing burnout that afc to advocate positions disagreeable to their personal moral
fects corresponding work-product, then the future attorney . beliefs, a future attorney may be overwhelmed with the
must beware. In the course of fulfilling an implied duty of continual moral struggle and must be on alert for burnout.
civility to society, future attorneys must learn to deal with One should not overlook the psychological impact pracintense emotions, difficult problems, and perplexities which ticing law has on an attorney because identifying signs of
breed inner struggles which might lead a future attorney burnout might save a future attorney from the subtle evil
down the road of burnout. Even attorneys that are pleased of mediocrity. Studies have shown that attorney burnout
with their career choice will agree that long hours, continual has a direct correlative effect on the ability of an attorney to
crisis responding, and prolonged exposure to these stress- reason or cultivate creativity. If an attorney begins experiors can quickly map out the route to burnout. Researchers encing levels of stress that can affect the ability to comprehave shown that legal professionals "are more likely than hend what is reasonable, then it is at least conceivable that
the general population to experience emotional distress, burnout can potentially affect classroom performance, motidepression, anxiety, addictions, and other related mental, vation to work, and the ascertainment of what is reasonable
physical, and social problems."
·
when handling client matters. One author states that bumFuture attorneys are highly qualified candidates for out might be the reason for high rates of alcohol abuse and
burnout because they are taught to compete with each other other addictions among lawyers. Another author suggests
from day one of the first year of law schooL If this type that burned out attorneys "work at a suboptimal pace and
of learned behavior is proven to affect a future attorney's produce work product inferior to their capabilities."

By Shekinah Hammonds
Contributing Writer

Personal Prevention: While the signs and symptoms of
burnout prevail among jurists spanning various longitudes
and latitudes, legal professionals are now moving in concert
to identify commonalities in what is considered defective
emotional behavior among attorneys. Essentially, future
attorneys can remedy the problem of burnout with-something as simple as incorporating a daily quiet time before
class. Future attorneys must understand that one hour of
non-billable time devoted to prayer, meditation, or spiritual
reflection is profitable to the mind, body, soul and spirit and
can produce invaluable long term sustainable results to a
lawyer.
·
Future attorneys that are experiencing these symptoms
may find valuable resources at the Student Counseling and
Testing Center located on campus. The counseling center
offers free counseling for individuals and couples, as well
as career counseling. A law student might also find grace
by seeking spiritual counseling as Sister Grace gladly makes
herself available to students who seek spiritual guidance .
Attorneys particularly might find it helpful to contact the
Texas Lawyers' Assistance Program at (800) 343-8637 for
help related to anxiety, addictions, and depression.
Lastly, one of the best ways for a future attorney to avoid
burnout is mastering how to manage unhealthy levels of
stress. Essentially, attorneys have poured their lives into
a profession geared toward solving problems. However,
future attorneys must be apt to teach in the area of wellness and maintaining stress because untreated stressors are
sure to result in burnout. Avenues to relieve stress include
daily relaxation, exercising, spending time with family, and
"maintaining an optimistic viewpoint." If we intend to lead
members of our society to the dehydrating rivers of justice,
we can only do so by crossing the banks of wellness. If future attorneys are exhausted from daily pressures, it necessarily follows that the wheels of justice are sure to tum significantly slower.

Page Eight

Travel

February 2011

lnnsbruck via London
By M.E. Ramirez
Contributing Writer
"We are approaching our descent to the general Gatwick
area ... "
My eyes opened slowly. I tried to move my head to
look out of the airplane window but quickly realized that
the stiffness had temporarily paralyzed me. Without moving my neck, I moved my eyes in order to get my bearings
and realize where I was. I moved my jaw and felt my lips
peel apart. Delta offers free wine and beer on international
flights. My partaking in what I thought to be such a grand
gratuity left the inside of my mouth feeling like I had swallowed a cup full of sand, and my brain as if half of it was
flushed through the airplane toilet and hovering somewhere
above the Atlantic.
It was 7 a.m. London time. The scattered, rushed, and
ultimately, awful plan was to meet my roommate at the
airport shortly after both our flights landed. We had both
gone home for a week or so after the first summer session
and our communication with each other was scant at best.
Our flights were to land within an hour of each other, so a
waiting period was expected. My flight arrived first, so after
going through immigration, getting a smart-ass comment
from the Englishman stamping my passport about how the
United Kingdom was not part of Europe, the idea was to
pick the longest, most comfortable looking bench, park my
bags and fall back asleep for an hour or so. However, as is
usually the case when travelling, comfort ceased to be an
option. The only seat available was a metal-rodded, cracked
chair that resembled the leaning tower of Pisa. I slouched
into the chair and, like every paranoid American, hugged
my way-too-big, packed to the brim, human sized backpack
and kept my eyes on the arrival gate.
The first hour of waiting was expected. My adrenalin
from being out of the country kept me awake and comfortable sipping on coffee and people-watching as the new
flights arrived. I had never been to London before. I let
myself daydream for a bit. I made plans for the day involving fish and chips, pubs, darts, and porter on draft. We had
planned a couple nights at a "hip" hostel, so this first day
was to be spent easing into the scene, and all the sightseeing
could wait until the next morning.
The second hour came quickly. At first there was no
sense of rush, but as that hour crept along, I realized that
this "waiting" was going to turn into more of an endurance
test than expected. My weakest virtue has always been patience. It's something I have been meaning to work on for
years, but with too much coffee, not enough water, and a

hangover begging to erupt, my skin began to itch. I fell into
my normal routine of pacing around and pretending to read
anything and everything posted on the walls. Oh wow, England is an Island! Hey! Neat!
I needlessly made strides back and forth in front of the
gate. Somehow my mind was fixed on the idea that if I
burned a hole in the ground, the speed of time would quicken and all the flights on the planet would simultaneously
land. This failed to be the case and rather, I simply looked
like a pacing Quasimodo carrying a bag roughly the size of
Alaska on my back.
As the three hour mark came and went, I thought of nothing but what I would tell that clown of a roommate when I
saw him. I had found a computer in the terminal and proceeded to check every email account in case he was smart
enough to shoot me something. Of course, as the theme of
the trip thus far continued, no instructions were received. I
decided that I had waited enough, and I was getting the hell
out of that airport. I pondered writing a hate mail to my
roommate, but rather, wrote the quick phrase: "Waited for
three and a half hours, see you at the hostel."
Once the decision to leave the airport was made, there
was no turning back. I proceeded out of the terminal and
the roommate situation was to be dealt with later. I took the
tram to the center of the airport where I was told I could get
a train into the city. I hadn't really realized I was outside of
the city, but that sounded fine.
As I approached the area where one is supposed to purchase a train ticket, I have never felt more like a Texan in my
life. The screen looked like a stock market exchange. I was
so unprepared to deal with blue lines, red lines, tubes and
circles that I might as well have been asked to translate Latin
into Mandarin. I stood, hunched over, staring at the train
lines for ten minutes before I had the courage to stand in line
and simply ask the cashier for help.
After a brief and extremely helpful conversation with the
cashier, he told me that I needed to take a train into London,
get on the Blue line, and get off at Victoria. Perfect! Train
to London! Blue Line! Victoria! My mantra was set. I gave
one of the most sincere "thank you' s" of my life, got my ticket, (which would take me to all three stops), and repeated
the phrase over and over. "London, Blue Line, Victoria!"
Once on the train, the journey was relatively easy. Obviously carrying around a bag that is larger than yourself
draws a fair amount of attention, but overall, if you are not
obnoxiously slamming into passengers, not yelling profanities, and graciously saying "excuse me", the trip into London and through the tube is not entirely unpleasant. The
people were kind and the train system was fairly simple to
understand. Once the Victoria stop approached, I confidently emerged from the underground and took a sigh of relief
that I had at least got into the city and off at the right stop.
However, as I looked around, I realized that I had absolutely
no clue what to do from there.
I had the address to the hostel, but the street I was popped
out onto was neither that street nor had any indicating signs

that would lead me in the right direction. I followed my
instinct and decided that, hmm, yes, left would be the right
way to go. As per usual, my instincts betrayed me and I
found myself walking through a neighborhood that would
have no business having a hostel filled with wondering travelers anywhere near it. I turned around and walked the opposite way from which I came. Eventually I came upon the
street that was listed on the address. I stood on the corner,
turning left and pondering my chances, then turning right
and seeing if it felt better. When I was seriously contemplating getting a train ride back to Gatwick and leaving the continent, I finally saw a couple of oversized backpacks walking
towards me. The two were involved in conversation, so I
politely asked if they any idea where my hostel might be.
"Right on d'a co'rna ther mate" one of them replied in a thick
Australian accent. I thanked them and walked a block and
stopped. The corner was a pub with a sign that said "The
Green Man Pub" and written underneath that sign was a
small hand-painted sign that read "and hostel".
My roommate had made the reservations at the hostel, so
I had no idea what I was walking into. I entered the smoke
filled pub and approached the bar. After serving a fresh
draught to a couple of patrons at the end of the bar, the bartender walked over to me. I asked if I was in the right place
and she told me I was. She checked my reservations and
gave me a key. She told me to head through the door in the
back and up the stairs.
I didn't know what to expect when I opened the door to
the room. I had stayed in a couple hostels before, but never in a room with more than four or five other travelers. I
creaked the door open slightly and a wave of heat slammed
me in the face. Bags were scattered across the floor. Threebed bunks were lined across the wall each wall. The room
fit thirty people and it looked as if all thirty beds were being
used. A few of the beds were presently occupied but the
sleepers found no need to take notice of me. I found the
bunk I was assigned and finally put my bag down. My back
cracked as I straightened. I felt delirious with exhaustion. I
kicked my shoes into the bunk underneath me. That bunk
was assigned to my roommate and I could care less if he had
to deal with the stench of my feet for a few hours. I crawled
into my bunk and sunk my head into the mattress.
After about an hour, I awoke to a prodding in my ribs. I
jumped with a start and turned to see what happened. My
roommate peered at me with what could only be described
as ... hostility. His shirt was stained with perspiration and
beads of sweat were dripping down his face. He held his
hands up and gave the all-too-familiar look, asking the only
questions that could be asked: "what the f-?" I said, "Dude!
Where were you?!" "Where was I, where were you?!" "I
was at the *#@*ing gate for three and a half hours!" "What?!
I was there man!" "Obviously not!" "Look, look at my ticket!, Flight #1065, Dallas to Chicago, Chicago to Heathrow
International, London, UK, arrival time 8:36am!!!"
"Wait, you flew into Heathrow?"

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Citation

St. Mary's University School of Law Student Bar Association, “The Legal Minute February 2011,” St. Mary's Law Digital Repository, accessed August 20, 2017, http://lawspace.stmarytx.edu/item/STMULawTheLegalMinute_2011Feb.

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