MOTIONS VOL. LII, NO.5

MOTIONSONLINE.ORG

Sage Advice Ian Frost has a Conversation with Professor Gail Greene

Greene practiced with Gray Cary Ware & Freidenrich (now DLA Piper), gaining experience in civil litigation, with an emphasis in eminent domain and appellate litigation.She works as a tutor for BARBRI, helping students and lawyers pass bar examinations. She joined USD School of Law in 1996. Professor Greene teaches courses in legal writing and research. What is your background and where are you from? I was born in the Republic of South Africa and I came to San Diego to get my undergraduate degree from SDSU, and then I worked in the film industry as a film editor for a number of years before I came here for my law degree. After law school I worked with a firm here that was then called Gray, Cary Ames and Frye but is now DLA Piper. It was a very large law firm and I worked in the litigation department for about 7 years. I enjoyed working there, I had great training, the people were first class, the clients were interesting and the cases were complex. Working for a large law firm is very time consuming, and after a while I decided that I didn’t want to keep working at that pace. What brought you to teaching at USD? I supervised the summer associates who were coming into Gray, Cary when they would work for the San Diego volunteer lawyers program to get Pro Bono hours and I realized how much I liked supervising and teaching. I had a colleague who worked here at USD who mentioned there was a job opening. I interviewed and came over and after my first day of teaching I knew that I preferred teaching to practicing law. Q: How long have you been teaching at here? I began teaching here in the JD program, in the legal writing program, but only for one year and then I became an adjunct professor teaching legal writing to the international students who are getting their LLMC, their masters in comparative law. I taught that as an adjunct for about 20 years. About 7 years ago I came back full time into the JD program, teaching legal writing to 1L students in the legal writing program. In addition to my two 1L classes, I still teach legal writing to the international students. Continued on Page 3

UNIVERSITY OF SAN DIEGO SCHOOL OF LAW

USD Unveils the One and Done Program By Joe Stewart Every year, an average of 272 freshly anointed doctors of law depart from these halls and sit for the California State Bar exam. And every year, an average of 25-30 percent of first-time takers receives the catastrophic news that they have failed. USD graduates are performing better than the state average, but only marginally so. This may be due in part to declining completion rates of bar review courses in recent years. According to Dean Meredith D’Angelo of Law Student Affairs, too many of our students’ completion rates have been below state average each year. But there is hope yet. With a little guidance and encouragement, you can “do it once, do it right—be One & Done!” You may recognize this slogan from the school’s “One & Done” program, which is spearheaded by Professor Kiyana Kiel, Director of Academic Success & Bar Programs. Professor Kiel has coordinated with Dean D’Angelo to create and implement a comprehensive approach to bar exam planning and preparation intended to be woven into the law school Continued on Page 4

New Research Programs at the LRC By Judith Lihosit With the beginning of a new semester, remember that the LRC offers a variety of resources and services that can help you with all your research needs. Need to do a legislative history? Having trouble finding a book, article, treaty, or anything else under the sun? Come see a reference librarian! Together with Copley Library, the LRC has access to a robust digital collection, on top of what can be found in our print collection or in WestlawNext or Lexis Advance. We may also be able to acquire materials that are available at other libraries through the Circuit or through Interlibrary loan. While classes are in session, a reference librarian is on duty to answer questions seven days a week. Contact the LRC Reference Department at [email protected] or (619) 260-4612. Chat Reference is also available through the LRC website, and you can always stop by the Desk in person! You may also see one of the reference librarians in your classroom. Taking a class at the Legal Clinics this semester? Reference librarians will be holding office hours at the Legal Clinics offices to help you tackle the research problems that may arise during your clinicships. Reference librarians will also be Continued on Page 2

VERBA VOLANT SCRIPTA MANENT February 2016

Inside this Issue

Chad Colton Discusses Hitting a Milestone Page 2

Tax Law Society is the Student Organization of the Issue Page 3

Cody Wisniewski Looks Ahead to Softball Page 4

Brody Burns Previews Super Bowl 50 Page 6

Tej Singh Says Goodbye to Kobe Bryant Page 6

New Feature: 5 Students - 5 Questions Page 7

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MOTIONS

February 2016

Looking Back at 30

Motions

Published Since 1963 Formerly The Woolsack 5998 Alcala Park San Diego, CA 92110 619-260-4600, ext. 4343 [email protected] www.motionsonline.org ______________________________________ Our mission is to provide news, information, analysis and commentary to the students, faculty, and staff of the University of San Diego, the University of San Diego School of Law, and the general legal community of San Diego. We believe that journalistic excellence is the soundest foundation for success. We pledge to seek and report the truth with honesty, accuracy, and fairness. These principles are cautiously guarded by each member of the Motions staff. _____________________________________ EDITOR-IN-CHIEF Brody Burns _____________________________________ EDITORS Ken Brown Chad Colton ______________________________________ CONTRIBUTING WRITERS Ross Bautista, Jessica Boujikian, Lauren Crosby, Scott Dansie, Ian Frost, Melissa Fung, Michele Knapp, Keisha Mello-Hall, Anna Russell, Tej Singh, Nicole Stenoish, Joe Stewart, Lauren Stockunas, Keith Van Wagner, Cody Wisniewski, Katrina Wraight ______________________________________

By Chad Colton As law students, most of us fall into an age range between just under 30 to just over 30. Maybe you came here to USD law right after undergrad, or maybe you waited a few years and spent some time in the workforce. Maybe you decided that law is what you always wanted to do even though you’d already spent a dozen years building a career in another field, or maybe you felt that law was your last chance to make something of yourself. We all come from different places and mentalities, and that’s one of the reasons that the place we decided to acquire or legal education is such a diverse and wonderful place. We age physically and mature mentally at our own rates, and we bring a wealth of experience and perspectives to class and share them with our peers each and every day. I love that some of my classmates are still in their 20’s while others are in their 40’s and have children. I’m somewhere in the middle (fuggedaboutit). For those of you approaching your 30th birthday, here are some lessons that I’ve learned since that milestone. Those of you who are a little older can look back, and laugh at how far I have yet to go. 1.Get your…act together. The number one challenge that you’ll face as you get older is staying on top of your own life. When I was in my 20’s I remember being bored a lot, no matter how busy I was. I really miss being bored. Your life gets more complicated the older you get. Between class, homework, internships, work, car payments, insurance, relationships, etc, life gets complicated. It becomes nearly impossible to stay on top of everything all the time. In order to do so you need to become very organized and systematic. Being a law student gives you an advantage, because the fact that you are here means that you have some sort of knack for creating order out of chaos. Use that talent to compartmentalize your life so that it becomes a series of manageable elements rather that a tangled plate of spaghetti. Set aside time each month to go over your finances and make sure your head is above water. Make a list of all your bills so that there aren’t any surprises if one shows up late. Try to think about your schedule 1-2 weeks ahead so that you make sure to block out adequate time to both get your commitments done and see friends and family. Be aware of how much time you are committing if you take up something new. Do you have the time spare? What about the time it takes away from other things you want to do? Try to budget some cushion into your time management: if something unexpected comes up, you don’t want it to destroy your game plan for the week. If you are prepared for things to happen suddenly, you will be able to handle them well when they do. 2. Being hungover sucks. The pressures of getting your commitments taken care of is stressful, and cutting lose by having some drinks with friends is a time honored and social accepted way to cope with that stress. It can also be a valuable way to network. However, it is easy to get carried away as pressure and social obligations mount. As I’ve gotten older, I’ve found that I get hungover from a lot less booze than I took only a few years ago, especially from tequila. That means that anything I need to do the next day is tainted by the fact that I’d rather be in bed with pancakes. Sure, I can struggle through it and get by fine, but is “fine” really where I want to be operating? The older I get the more I appreciate that there’s both a front and back end cost to partying, and even when

I want to sometimes its just not worth paying that cost. 3. It’s not so bad, really… There will be times when you feel like you can’t handle all of your obligations. Everything will pile up and come crashing down, and you’ll wonder, “why me?!” Pictures that your friends post on Facebook will make you worry that everyone else is happier, more successful, or more intelligent than you are. When that happens, just remember how lucky you are to live in a place with the kind of natural and culture beauty that San Diego has to offer. Remember that by going to law school at USD you are part of a community that loves you and wants you to be successful. You have the tools to succeed, Chad Colton is a and you will succeed if you have faith in yourself 2L interested in and the people who love and support you. Environmental Law

ADMINISTRATIVE REVIEW Meredith D’Angelo Assistant Dean for Law Student Affairs Irene Meloney Director for Law Student Affairs ______________________________________ SUBMISSIONS Motions welcomes articles, letters, guest columns, complaints, and commentaries. All submissions must be original work and include valid attribution information. We reserve the right to edit for content, length, style, and the general requirements of good taste. ______________________________________ DISCLAIMER The contents of this newspaper do not reflect the views or opinions of the University of San Diego School of Law, the University of San Diego School of Law News Organization, or the Editors, Directors, or Staff of this newspaper and are solely the products of the authors in their individual capacities. Unsigned editorials reflect only the view of the Editorial Board of this newspaper, a Student Organization consistent with University of San Diego School of Law policies.

New LRC Programs Continued... ...providing research trainings in many of the upper level classes that have a paper-writing component to them. In addition, two new research skills, California Civil Practice Research, and International Legal Research are being offered this semester. California Civil Practice Research is being taught by Judith Lihosit, the LRC’s Associate Director and Head of Public Services. This class will allow students to develop the skills they will need to research the issues that are likely to arise during real-world civil litigation preparation in California state courts. Topics include identifying and using appropriate practice tools such as form books, treatises, and court resources for litigation issues; the class will also cover how to develop cost-effective research strategies. International Legal Research is being taught by Melissa Fung, the LRC’s Foreign and International Law Librarian. This course will introduce students to basic concepts, sources, and specialized research tools used in foreign and international legal research. Included will be sessions on researching international treaties, international courts and tribunals, United Nations documents, the European Union, as well as foreign legal systems.

So as you can see, if you don’t find us at the LRC, we will find you!

Who is Judith Lihosit? She is the Associate Director and Head of Public Services at the USD Legal Research Center. She’s been at USD for 11 years and before that was a reference librarian at the San Diego County Law Library. Prior to becoming a librarian, she worked as a staff attorney at the Dept. of Navy Office of General Counsel. On weekends you’ll find her hiking a new trail at one of San Diego’s numerous parks!

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What I Learned Riding the Trolley By Ken Brown If you’re like me, before law school you never really considered using public transportation regularly. I grew up in a small town here in Southern California. We had a bus system, but it wasn’t used often. It was dirty and honestly, not necessary. Parking was available wherever I went and I had a car. Then I came to law school. I realized that most of the internships I would have during my three years of school would be unpaid, so I didn’t have an income (yay student loans!). I also realized that parking downtown averaged approximately $10-$20 per day, depending on where you parked. I wasn’t a math major in undergrad, but I knew that I was going to run out of loans real quickly if I paid for parking every day. So, like many of you, I decided it was time to take the Trolley to work. The San Diego Trolley is a subsidiary of the San Diego Metropolitan Transit System (MTS). It opened on July 26, 1981 and is, believe it or not, the oldest of the “second generation” light rail systems in the entire United States. MTS is a company that began operation in the 1880s. The Trolley has three main lines named the Green Line (Running from Santee, Mission Valley, and Downtown), the Orange Line (Running from El Cajon, La Mesa, and Downtown), and the Blue Line (Running from the border, Chula Vista, and Downtown). The main lines operate between 5am and midnight, seven days a week. Trains pass every 7.5 minutes, every 15 minutes, or every 30 minutes, depending on the line and the time of day. There are various options for a person looking to ride the trolley. A one-way pass for an adult is $2.50. A one day pass is $5. Additionally, you can buy a one month pass for $72, which is still a lot less than potentially paying over $100 for parking every month (not to mention gas). However, as USD students we qualify for a discounted pass for the entire semester. As a student, a semester pass is just $159, which ends up being approximately $40 per month. What a bargain! The Trolley also offers heavily discounted passes for City employees, as well as other government employees. While there are a lot of transients who jump on the trolley and get a free ride, some of those that ride are government employees and professionals. So, you won’t be the only one on the Trolley “suited up.” While it’s awesome to think about all of the money you’ll save by taking the trolley, what people don’t tell you is that you are receiving free entertainment every single day. That’s right ladies and gents, the Trolley is the stage to one of the best shows in town. No, you won’t see Newsies or the Book of Mormon Musical like you could at the San Diego Civic Theatre this year. You won’t get to see Shamu’s 2016 curtain call at SeaWorld. However, the people on the Trolley provide entertainment that is unparalleled for our law student budgets. Where else can you hear spirited debates about the presidential election by two people who have no idea who is running? Where else can you see a mediocre dance show to music nobody can hear? Urinating in public anyone? The Trolley has it! I don’t say these things to discourage anyone from taking the Trolley. Is it classy? No. Does it smell? Yes. Will you meet some of the craziest people you ever will meet? Yes. Will you be safe? Yes, you will. Honestly, if you keep to yourself you’ll be fine. There are security officers everywhere, and they monitor a lot of the activity on the Trolley and at the Trolley stations. What I’m telling you is that you’ll save some money and have some quality stories to share with your friends on the weekend. That much is guaranteed. Ken Brown is a 3L And then, hopefully we all get a job after graduation interested in the field of that pays six-figures and we’ll never have to ride the Trolley Employment Law again. That’s the dream, isn’t it? Until then, I’ll be grabbing the 7:36 am Trolley at the Morena station every Monday, Wednesday, and Friday, watching the best entertainment I can afford.

Student Organization of the Issue: Tax Law Society 1) Name: Tax Law Society 2) Mission: The USD Tax Law Society seeks to educate students about different areas of tax law, to create networking opportunities for students, and to be involved in and contribute positively to the San Diego community. 3) What is Tax Law: Tax law is the body of legal rules and procedures that govern how we assess, collect, and dispute taxes on the local, state, and federal levels. 4) Why is Tax So Interesting: Taxes pervade almost every aspect of our society. Whether you’re an individual just looking to pay your share of income taxes and wondering if and how you should itemize your deductions, a sole proprietor trying to plan ahead to maximize your business’s after-tax profit potential, or the CFO of a pharmaceutical company planning the next big corporate inversion, the current state of the tax law will have a profound impact on how you go about it. The problem is, the tax laws can be very complex, and they are constantly evolving and adapting. While this may seem like a confusing headache to some, tax attorneys around the country welcome the opportunity to stay on top of the current trends and developments and help their clients understand how the tax law applies to them. Whether that means you are performing tax planning services for a large corporation, or representing an individual taxpayer in a wrongful assessment case in front of the U.S. Tax Court, the potential opportunities and applications are vast. 5) Look us up at USD Tax Law Society on Facebook! URL: https://www.facebook.com/groups/usd.tls/ 6) President: Christopher Moss; VP: Frank McLaughlin; Sec. Krystal Ibarra; Treas. Drew Goorabian SBA Rep. Mark Suarez; YTL Representative / Charitable Chair: Darshan Patel 7) Email: [email protected] 8) In the 2014-2015 academic year, we had several successful and engaging events, including a speaker panel on corporate inversions and a Careers in the Tax Law panel followed by a mixer which hosted over 90 total attendees, providing an excellent and accessible networking opportunity to students. 9) Our goal for the 2015-2016 academic year is to continue to provide opportunities for students to learn about cutting-edge developments in the tax law, as well as be kept up-to-date on local tax law events and networking opportunities. 10) The Tax Law Society provides an excellent opportunity to become more involved in our local tax community by putting students in touch with organizations like Young Tax Lawyers, with local tax professionals and academics, and with other students pursuing careers in tax law. Even if you are not looking specifically to practice tax, tax law is highly relevant to many different practice areas, including corporate law, transactional law, family law and more. We firmly believe that every student has much to gain by learning more about the tax law and how it can apply to both themselves and their fields of study.

February 2016

Sage Advice Cont... Q: Is there a different teaching focus between the international students and the first year students? Very much so. One of the most important things in teaching the international students is to find out why they are getting their masters. Many of them are here to just learn about the American system and then they will go back their own countries and then hope to interact with American law firms. For them I may not be too strict on blue booking. Some of them would like to stay here and are eligible to take the bar exam because they have been practicing in their home country for a number of years. A big difference between the two programs is the JD program is two semesters, while the international program is compacted into one, so we go through the information at a much faster pace, but you need to remember that they are all practicing lawyers. In their home country they already have a law degree, so a lot of the analysis doesn’t have to be taught, but the CREARC writing paradigm, legal research, predictive and persuasive writing all has to be taught in one semester. Q. What motivated your decision to go into law? I had always been interested in writing and in research. In high school I enjoyed debating and working with current events, I was also involved in some minor political protesting in South Africa. There were lawyers in my family and I watched how you could achieve success through legal means, so I think I looked up to the lawyers and I thought that they could effect change in society, I thought this was a good thing. It just seemed to me that being a lawyer was being somebody who could help others, and I was very happy to come to law school. Q. What are some common pitfalls you see students fall into in during law school? I think that a lot of students have an expectation that every single person is going to do well in law school, or they believe that there is only one path to success. I think that if they understand that there are many paths that lead to the final destination perhaps they could learn less stressfully and become even more successful. I think the students should congratulate themselves on achieving what they have so far in being in law school and being taught by quality professors. They have a bright future ahead of them it may not be exactly what they had in mind but there are many different paths. I try to convey to my students that if I didn’t think they were capable of getting a job or representing their clients, they would be in my office and I would be talking to them. Q. Do you have any advice for students preparing to take the bar in July? I do! I used to be a tutor for Barbri many years ago for the essays. I have no advice for the MBE but for the essays: take it very very seriously. Treat it as a job. Eliminate any outside distractions. Tell your family and friends what you will be doing and prepare them too. I strongly urge students about to take the Bar Exam to enroll in a formal Bar Preparation Program and complete all the assignments the program provides. Other important advice I give to my students is to plan a treat for after the bar exam, because it’s a grind and you need to stick with it. The bar is actually not that difficult, it’s just a lot of work to prepare. You have to understand and memorize the material and take advantage of every practice test. I also urge students to take full advantage of the considerable assistance our law school offers in terms of counseling and extra opportunities to practice exam taking. Every student is capable of passing it if they put in the work, and then have a treat for yourself! Grind and then celebrate at the end.

Ian Frost is a 3L interested in the field of Employment Law

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February 2016

Welcome to the Spring Season of Intramural Softball

By Cody Wisniewski A New Year, A New You, A New Softball Season At least I’m pretty sure that’s how that saying goes. First and foremost, welcome back from winter break. I know you are all excited about being back at the wonderful world of law school. No, not because you get to go back to your classes, externships, and internships, but because that means that the Spring season of Softball begins! Last semester was a great season, and we are looking forward to an even better season this spring semester. We have a lot of returning teams, including both of the teams that appeared in the championship game. But as the new semester rolls around: Rosters change, new teams are added, and anything is possible in the land of Grad/Law Softball. For those of you who do not know, Grad/Law Softball is a time honored tradition here at the University of San Diego. If you ask alumni from years past and you will quickly learn that a number of them played in the Softball League at some point in their USD tenure and most of those enjoyed every minute of it. Softball allows us to step away from the overly competitive world of law school into the overly competitive (not really, but kind of) world of intramural softball. Some teams take it very seriously and have practices, drills, and scouting charts, other teams do not know what any of those things are, and that is perfectly fine. Softball is a fun way to get away from the books, grab a bat, and hit something as hard as you can. Fielding errors are common, and usually more enjoyable than the great plays, especially if you happen to be playing my team, in which case we welcome all of the help we can get. The moral of the story is to not be intimidated. Come out if you played collegiate softball, come out if you have never held a glove in your life, it really does not matter, we just want everyone to come out and have some fun. If you did not play softball last semester it is not too late to join now. The league is always looking for free agents to put on teams. We want everyone to get involved and have fun, so even if you do not have nine other friends who want to play, we will find you a team where you can make new (see: better) friends. If you did play last semester and are thinking of sitting this semester out, don’t. Nearly everyone will tell you that law school is a marathon, not a sprint. Take some time away from it once and a while, and what better way to do that than to come out and play some softball for an hour with people who understand your pain. If you want to register a team, shoot me an email, come talk to me, use a pair of those cups with the string attaching them (note: this probably won’t work, but I commend the effort), and we will find a way to get you in the league. If you are a veteran of the league and are coming back this season, we cannot wait to see you out there. You all are the reason why we are here. Campus Recreation and the Grad/Law Softball Coordinators (Colton Addy and myself) are here because we enjoy what we do, and we want you to enjoy it too. We have an open door policy, even though we do not really have offices, and are more than happy to talk to you about the league, the season, or anything else you can think of at any time. Just remember, when you are stressed out and want to take your anger out on something, what better (see: legal) way is there than hitting a softball on a Thursday night with your friends and peers. Cody Wisniewski is a 3L We hope to see you all out there. interested in Corporate Transactional Law

One and Done Program Continued... experience from day one. One & Done was born out of concern for low attendance at bar exam planning events and low completion rates of bar exam review courses in recent years. Striving to attain an eighty percent completion rate, well above the state average completion rate, the program has been designed to engage students with bar preparation early on and provide a manageable checklist of annual objectives in order to keep anxiety in check. The first year tasks include registering with the state bar, creating a savings plan for your bar prep period, and researching prep companies. Second- and third-year tasks are more involved; paramount to them is including bar subjects in your class schedule and attending bar prep workshops. By integrating administration with academia, One & Done integrates a focus on aptitude with a focus on attitude. The idea is, if you keep the bar exam in your sights as you work toward your JD, you’ll be more inclined to prepare yourself in a reasonable and manageable way. Conversely, if you take the “I’ll worry about it when it comes” approach, you’ll have the, “Dash it! I’ve got to cram” revelation, which you’ll balance with the, “Rent’s got to be paid” struggle, and likely placate yourself with the, “If I fail, I can always take it again” notion. This isn’t my opinion; this is science (by “science” I mean a loosely paraphrased conveyance of reputable observations). The second-time mentality comes at a high price. One & Done strongly encourages students to take the time now to consider the lost opportunity cost of delayed admission, the additional stress of preparing a second time, and the fact that, according to The State Bar of California, the average pass rate of retakers is nearly thirty percent less than first timers. But, y’know, choices. Like my old man used to say, “The world needs ditch diggers, too.” But I was never a fan of the guilt trip, so let’s part on a more uplifting note. The pragmatic Ben Franklin once proffered, “By failing to prepare, you are preparing to fail.” If that still carries too much of a bite, consider the words of Abe “The Babe” Lincoln, who said, “Give me six hours to chop down a tree and I will spend the first four sharpening the axe.” Whether it’s an aversion to ditch digging or a fascination with whetstones, grab ahold of the notion that compels you into Professor Kiel’s office Joe Stewart is a 1L and ultimately to passing the bar. interested in studying You’ve got this. and researching law

3L/4P One and Done Checklist Attend the USD Bar Prep Kickof of program Take the MPRE in fall (if you have not already) Submit your moral character application in fall Get fingerprinted via LiveScan for the moral character application Enroll in USD’s MBE Review in spring Enroll in USD’s Fundamentals of Bar Writing Attend the USD Bar Prep Boot Camp in spring Register for the bar exam Continue saving money for your bar prep period Attend loan repayment and debt mgmt seminar Complete all of your commercial bar exam prep course Attend the USD Bar Exam Simulation Attend the USD Bar Exam Check-In Lunch

For more info on the One & Done campaign, visit: https://www.sandiego.edu/law/ student-affairs/bar-exam/what-is-one-anddone.php

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February 2016

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February 2016

A Fond Farwell: Kudos to Kobe After being introduced to Kobe in that By Tej Singh Everyone who knows me, knows that playoff game, I began watching old videos of Kobe

I love basketball. However, I did not grow up loving basketball. I didn’t even grow up watching basketball. I knew of the sport. I knew that everyone said Michael Jordan was the best player ever, and I knew there was this guy on the Los Angeles Lakers named Kobe Bryant. I grew up in Texas, but I never really rooted for any of the Texas teams. At that point, I liked basketball, but I didn’t love the sport. On April 23, 2008, I was at home one night flipping channels. I saw that the NBA playoffs were on going and the Lakers were playing the Denver Nuggets. The first play I saw was Kobe Bryant posting J.R. Smith near the free throw line, doing a ridiculous spin move followed by an easy layup. I couldn’t believe what I saw. I had to rewind the play and re-watch it. His footwork was impressive; swift, methodical, and deliberate. He kept hitting jump shot after jump shot with a variety of moves. Later in the game, he posted up another player; pump fake, jab step, pump fake, jump shot goes in. I was forced to rewind to the start of the game and hit record. Near the end of the game in the fourth quarter, he hit a three-pointer. This prompted Smith to start talking trash to Kobe. That was an insane decision. The next play, Kobe demanded the ball and took J.R. to the rim for a layup and a foul. This man, even with his team up by double digits, still felt the need to send a message. Coldblooded. I had never seen a player so locked-in with such wide array of shots in his arsenal. He ended up with 49 points that night and 10 assists. That was how I discovered Kobe Bryant. I watched that game at least 10 more times.

on YouTube. He scored 81 points in a single game against the Toronto Raptors in 2006, which is the most points by a single player in the current era of basketball and the second highest in the history of the game. He hit 12 three-pointers in a single game in 2003 against Seattle, which is still an NBA record. He scored 62 points in three quarters against Dallas, which outscored their entire team. The list of achievements go on and on. His achievements during his 20-year tenure as a Laker are colossal: 18 time NBA All-Star, NBA Slam Dunk Champion, MVP, two-time Finals MVP, Lakers all-time leading scorer, second in assists as a Laker, third leading scorer in NBA history, and, most importantly, 5 time NBA champion. He is arguably the second best player to play the game behind Jordan. To those who know nothing about basketball and think sports are stupid and people are lame for liking guys who play games for a living, I would like to share another aspect of Kobe Bryant with you. In 2004, the US Men’s Basketball team did not win the gold medal in the Summer Olympics. During Michael Jordan’s era, the infamous Dream Team was known for dominating the competition. Kobe Bryant joined the national team in 2008. On the first day of practice, Kobe led by example. He would dive for loose balls, play as if it was an actual game, and demand that his teammates meet that level of intensity. Kobe is well-known for his competitiveness and toughness. In fact, many “soft” NBA players have complained about playing with Kobe because he is so intense. We won the gold

By Brody Burns As the orange and blue confetti rained down at Sports Authority Field at Mile High, Denver Broncos signal caller Peyton Manning shared a long embrace with his counterpart Tom Brady and then with Patriots mastermind Bill Belichick. The notorious tip-lipped Belichick spent a considerable amount of time with the elder statesman of the NFL. Perhaps he was congratulating Manning on the improbable victory. Or maybe he was saluting Manning on his historic career. I think he was saying thanks to Manning for being his iconic rival. The narrative was always Brady versus Manning. But that narrative is mistaken. Brady and Manning never competed against one another on the field at the same time. It was always Brady against a long list of Colts/Broncos coaches. And it was always Manning versus Belichick. On Sunday January 24th, in the instant aftermath of an incredible AFC Championship game, I think Belichick praised his rival. For Manning the 2015 season was a strange one. He started the season at the helm, and underperformed by nearly every metric. Injuries and Father Time seemed to have finally caught up with Manning. He led the league in interceptions through most of the season and registered only two 300 yard games all season. To put that number into perspective, Jameis Winston and Blaine Gabbert both had the same amount as Manning. In week nine he was benched, partially to injury and partially to having four interceptions and five completions against a stout Chiefs team. For the first time since he was a freshman at the University of Tennessee, Manning was benched. He rode the pine for the next six weeks, until coming in to rescue the Broncos in the second-half of the

season finale against the Chargers. From starter, to injured, to benched, to short leash, to the Super Bowl. The elusive Moby Dick, that second Lombardi Trophy, is within reach. The demons which have plagued his epic resume could be exercised in Santa Clara. He could finally match Eli in the Super Bowl hardware department and ride off into the blue and orange sunset on top. The Broncos defense rose to the occasion, both in the AFC Championship and all season long. They met the challenge of the Patriots and they put Manning in a position to win his second Super Bowl. If it were to happen, it would be more than a Hollywood ending. It would be like hitting the $1.5 billion dollar Powerball for Manning. On the other side are the young, hungry and talented Carolina Panthers. The Panthers hit like no other team in the league. Force a shocking amount of turnovers. And dap like no one else daps. Panther quarterback Cam Newton has his own Hollywood story brewing. In 2008, Newton was a sophomore at the University of Florida. Newton was the backup quarterback to Tim Tebow on the Gators’ football team. A team that would go on to win the BCS National Championship. But Newton wasn’t on the team. In 2008, Newton was injured playing in the blowout season opener against Hawaii. Newton took a medical redshirt. Later that fall, Newton was arrested for receiving stolen property after purchasing a stolen laptop. He was kicked off the team. He wasn’t a part of the National Championship. What followed was a long road to redemption. Newton went through a pre-trial diversion program and thus the charges against him were dropped. He transferred to a junior college, then went to Auburn University where he put on

medal that year because Kobe Bryant was on the team. He led the team in the final game against Spain, and we reclaimed our place on the Olympic Basketball Throne. In another instance, at a charity game, Kobe and a few basketball players were asked to come play to help raise money. As soon as Kobe stepped on the court, he told his teammates that they better play to win or else. This was a charity game, but it didn’t matter to Kobe. Practice, playoffs, preseason; doesn’t matter. He always came to play and always played to win. He has a methodical approach to the game with a killer instinct but without an off switch. That is how he got the nickname the Black Mamba. This inhuman drive is what defines Kobe and why I admire him so much. Kobe Bryant has been a Laker for 20 years, which is the most any player has been with a single team in NBA history, and now he is retiring. I never got to watch Kobe in his early years, but I am grateful for the times I was able to watch him as Number 24. For me, Kobe Bryant is basketball. He is the reason I fell in love with the game, and he is the reason why I am as competitive of a person and driven as I am. There are many great players in the NBA and there will continue to be, but the black mamba is leaving behind a legacy as a legend. From the bottom of my heart, thank you Kobe Bryant.

Tej Singh is a 3L interested in IP Litigation

Super Bowl 50 Preview: Peyton’s Last Stand

Denver Broncos (2-5: Making 8th Appearance) Super Bowl XII (1978) – Lost to the Dallas Cowboys 27-10 Super Bowl XXI (1987) – Lost to the New York Giants 39-20 Super Bowl XXII (1988) – Lost to Washington 42-10 Super Bowl XXIV (1990) – Lost to the San Francisco 49ers 55-10 Super Bowl XXXII (1998) – Beat the Green Bay Packers 31-24 Super Bowl XXXIII (1999) – Beat the Atlanta Falcons 34-19

his Superman cape as he went on to win both the Heisman Trophy and the National Championship. His Hollywood tale is one of the fallen idol who redeems himself with every football he hands out to young Panthers’ fans. A Robert Downey Jr. in Charlotte, North Carolina. Now to the big game. First, I must disclose that I am from Denver. I am not just biased. I am incredibly biased. Second, I am picking the Broncos to beat the Panthers. After the AFC Championship, a game where my own stress and anxiety hit unhealthy levels, I just think the Hollywood ending to Manning’s career cannot be stopped. Based on matchups alone, it doesn’t look good for the Broncos. The Panthers are eerily reminiscent of the 2014 Seattle Seahawks. A team that trounced the Broncos in the Super Bowl 43-8. Those 35 points marked the third largest margin of victory in Super Bowl history. When you look at the 2015 Panthers, they look so much like that Seahawks team. But, Manning won’t end his career with another Super Bowl annihilation. In a year where the first woman is going to be elected President of the United States; a year where Leonardo DiCaprio is finally going to snag his Oscar; a year where every 3L from USD is going to pass the bar exam; in that year, Manning isn’t losing the final game of his career. The Denver defense will carry the Broncos for one more week. The two-week layoff will allow for injuries to heal. Father Time will be pushed back for one more week. And Manning will get Lombardi Trophy number two. My Pick: Denver Broncos 20, Carolina Panthers 17

Super Bowl XLVIII (2014) – Lost to the Seattle Seahawks 43-8 Carolina Panthers (0-1: Making 2nd Appearance) Super Bowl XXXVIII (2004) – Lost to New England Patriots 32-29

Brody Burns is a 3L interested in Criminal Law

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Five on Five: Five Students - Five Questions 4. What’s the best movie you’ve seen in the past year? The best I’ve seen in the last year is Interstellar. A production that can keep you nervous and intrigued with action while still developing a deep story makes the best movie. I think it did both. 5. What’s your favorite band of all time and the best song that they sing? My favorite band (distinguished from musician) of all time is Cartel. Really any song on their album Chroma, but specifically, “Let’s Go.” Favorite Musician would be Calvin Harris.

James Lepadat, 2L 1. Where is your hometown and where did you do undergrad? The majority of my childhood was spent in a place called El Dorado Hills, CA, which is about 30 miles Northeast of Sacramento. I did my undergrad at UCLA. 2. What did you do over winter break? I unfortunately worked a lot, so my “break” was just over a week long. Adulting is overrated. But I was able to go home and spend time with friends and family, which makes up for it. 3. Which class are you looking forward to the most this semester? Controlled Substances with Dripps. The war on drugs presents very interesting legal and philosophical questions that I am excited to learn about.

Emily Daugherty, 3L

4. What’s the best movie you’ve seen in the past year? “Infinitely Polar Bear”, It’s hilarious, enlightening and moving.

1. Where is your hometown and where did you do undergrad? When I was growing up my dad was in the Marine Corps so I lived all over the world. I went to undergrad at Salve Regina University in Newport, Rhode Island. 2. What did you do over winter break? Over winter break I did a lot of Richard Simmons workout DVD’s with Maddie Levine.

Ashley Foote, 2L

1. Where is your hometown and where did you do 3. Which class are you looking forward to the most undergrad? My hometown is Corona, CA (the home this semester? I am most looking forward to Human of Monster Energy drink). I went to UC Irvine for undergrad. Zot Zot! Trafficking.

5. What’s your favorite band of all time and the best song that they sing? I’m not much of a band guy anymore, but during my emo teen years you could have caught me listening to Taking Back Sunday. And in proper emo fashion my favorite song by them was “Make Damn Sure.”

4. What’s the best movie you’ve seen in the past 2. What did you do over winter break? After finishing my exams, I spent the beginning of my winter break year? Jurassic World checking IDs at the entrance of Club LRC for the rest 5. What’s your favorite band of all time and the best of finals week. I also spent a majority of the break song that they sing? Bruce Springsteen and the E helping a family law attorney in Newport Beach with Street Band and the best song is Dancing in the Dark. discovery motions. However, the highlight of my winter break was going to Bakersfield for Christmas to meet my boyfriend’s family. 3. Which class are you looking forward to the most this semester? I am really looking forward to Human Trafficking, which is taught by two Assistant U.S. Attorneys, Andrew Haden and Ali Serano. They are very knowledgeable about the subject and they are also very entertaining! 4. What’s the best movie you’ve seen in the past year? The best movie I have seen in the past year is Straight Outta Compton. 5. What’s your favorite band of all time and the best song that they sing? I don’t necessarily have a favorite band of all time, but my absolute favorite artist of all time is Luke Bryan (I have seen him in concert 7 times! 4 of those times I was in the front row of the pit). My favorite song to watch him sing at concerts is “Country Girl (Shake It For Me).”

Braden Asper, 1L 1. Where is your hometown and where did you do undergrad? My home town is in Syracuse, UT and I did my undergrad at BYU-Idaho. 2. What did you do over winter break? Over winter break we went to San Diego Zoo, toured Cabrillo National Monument, watched the boat parade of lights, went to Star Wars VII, and I cycled a ton. 3. Which class are you looking forward to the most this semester? Even though it’s kind of an extension of last semester, I am looking forward to Legal Writing and Research with Prof. Pearl the most. Although all of the other classes are going to teach me more substance, having a car without knowing how to drive it isn’t of much benefit. This semester’s legal writing is our first exposure to oral advocacy, which is where the rubber hits the road.

Haley Mills, 1L 1. Where is your hometown and where did you do undergrad? I’m from Mesa, Arizona, and I did my undergrad at Arizona State University! Go Devils! 2. What did you do over winter break? Over winter break I went on a Caribbean cruise with my family and spent the rest of break hanging out with friends in Arizona. 3. Which class are you looking forward to the most this semester? The class I’m looking forward to most is Constitutional Law. Like a stereotypical law student; I love anything to do with the government! 4. What’s the best movie you’ve seen in the past year? The best movie I saw last year was definitely “The Duff.” It was hilarious, witty, and relatable and apparently that’s all I need. 5. What’s your favorite band of all time and the best song that they sing? I love music, so picking a favorite feels wrong, but I’ll settle on One Direction. Stop judging me, all of their songs are so peppy! I can’t help myself! Their best song is “Kiss You.”

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