MOTIONS VOL. LII, NO.5

MOTIONSONLINE.ORG

Sage Advice Brody Burns has a Conversation with Adjunct Professor Francis DiGiacco

Francis A. DiGiacco is an adjunct professor of law in the area of trial advocacy. DiGiacco serves as the head coach of the National Mock Trial Team. DiGiacco is an Assistant U.S. Attorney and. a University of San Diego School of Law alumnus who was heavily involved with both the National Mock Trial Team and the National Moot Court Team while at USD. He competed in national tournaments for both teams. He received the Thorsnes Outstanding Future Trial Lawyer Award as well as admission into the Order of the Barristers. Q: Please describe your experience with extracurriculars while at USD? A: I was involved in Mock Trial and Moot Court and loved both. These activities provided me the opportunity to work closely with other students as well as members of the legal community. I was able to develop key skills in the profession, and then use those skills to compete against other law students. My fondest memories and my closest friends all came from Mock Trial and Moot Court. One particular friendship lead to my selection for a highly-competitive spot with the U.S. Attorney. Q: What role do you think participating in extra curriculars play in the law school education? A: It’s vital. Everyone in law school goes to class, so it’s diffi cult to distinguish yourself when you hit the job market. Great grades are necessary, but extra curriculars allow you to distinguish yourself from someone who may have similar grades. They also provide a means for practicing the actual skills required to be a lawyer: persuasive writing and speaking. What’s even more valuable is the feedback you receive from members of the legal community. - which is crucial to becoming a better lawyer and to have the opportunity to get that feedback while in law school is a substantial head start. Q. How do Mock/Moot differ from other classes? A: Instead of teaching you how to think like a lawyer (as many classes in law school do), they teach you to be a lawyer. You learn how to evaluate cases, develop arguments, and effectively communicate your position either in writing or orally. Through each activity, you can learn the practice of law. Q. What skills do you develop in Mock/Moot? A: On their face, you learn advocacy, but it’s much more than that. You learn to develop critical thinking skills in evaluating the strengths and weaknesses of your position versus your opponent’s position. You then learn how to distill your position into a deliverable, persuasive argument. It’s an invaluable skill for lawyers, especially young lawyers starting out. Whatever work has been done on a case is useless if it cannot be communicated. Q. What are some of the other benefi ts? A: Learning and developing the skills above in a

UNIVERSITY OF SAN DIEGO SCHOOL OF LAW

VERBA VOLANT SCRIPTA MANENT

one-on-one environment is the most signifi cant benefi t. It’s not just “how to do this” or “how to do that.” It’s “you do it this way now,” and “it would be better if you did it this way.” That kind of particularized training doesn’t occur anywhere else in law school. The hours and hours of work that you must put in are extremely valuable when you receive individualized training in what you will be expected to be able to do when you are hired to be a lawyer. Other students, lacking this training, will have to rely on their employers/more senior lawyers to provide this training, but there is often insuffi cient time for such training in the legal profession. Some ancillary benefi ts stem from the lawyers you get to work with in both activities. They are not only providing their time and effort to help you succeed, but oftentimes will be writing letters of recommendation for you or calling up their colleagues to get you a meeting or interview with a place you want to work. They also provide mentorship as you enter the profession.The value of these coaches cannot be overstated. Q. What were some of the lessons you learned from participating in both Mock Trial and Moot Court? A: In addition to many of the skills addressed above, I learned to immerse myself in a case or subject matter. It’s not about just knowing the facts and law really well, it’s about being a master of the facts and law. Preparing and knowing it better than anyone, including your opponent. This type of immersion doesn’t typically happen in classes because it typically isn’t required to succeed. In competition, however, you must do it. There’s no other way to succeed. Q. How does participating translate to your experience practicing? A: Every single element of Mock Trial and Moot Court translate to my experience practicing. Every single element. I practiced in civil litigation (complex securities class actions) for 5 years and have been a federal prosecutor for a little over a year now. In both practices, I used the training and experience that I gained in Mock Trial and Moot Court. From talking to opposing counsel on the phone to participating in litigation strategy meetings to presenting a trial to arguing before the Ninth Circuit, I used what I learned in Mock Trial and Moot Court. I’ve also used a lot of the teamwork skills that I developed from working closely with coaches and fellow students. Law school can be self-oriented, but the practice of law isn’t. Whether you are in a fi rm or the government, you are working with people. Learning how to do that in a competitive team setting is vital to doing it in an adversarial and high stress legal profession. Managing personalities, work ethics, and approaches to challenges is a skill that Mock Trial and Moot Court develop extensively, and those skills translate directly to practice. Q. What would you say to a student who is worried about the time commitments of extra curriculars? A: Do it if you love it. If you love it, you’ll make time for it. You’ll fi nd time for it. If you don’t, every minute will be torture, and you won’t gain anything from it. But if you give the time to it and enjoy it, you will get back more than you could ever imagine. The weeks that you put in preparing for a tournament will be years of benefi ts. That kind of return on your time is seldom found in any other activity you can do in law school or anywhere else in life. Q. Do you have any other advice would you give? A: Find something you love and get involved. Not sure if you love it? Get involved anyway. You’ll gain something from it. Don’t limit yourself by what you think you’re capable of or good at. I promise you that you can and will accomplish much more than you think you can. You just need to take advantage of the opportunity.

March 2016

Inside this Issue For this issue, the editorial staff decided to focus on participating in extra-curricular activities while in law school. Participating can greatly enrich the law school experience and directly aids in the development of practical skills which can translate to practice. We have asked people who have participated in certain activities to discuss their own experiences. Please find their pieces at: JCEL – Page 2 SDILJ – Page 3 Law Review – Page 3 Appellate Clinic – Page 4 Transactional Law Team – Page 4 VICAM – Page 4 Moot Court – Page 5 Mock Trial – Page 5

Librarian Ruth Levor Discusses 3 Excellent Student Workers Page 6

Brody Burns Looks At the Fallout from Super Tuesday Page 7

5 Students - 5 Questions Page 8

Page 2

MOTIONS

Letter from the SBA President

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 ______________________________________ 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.

By Keith Van Wagner, SBA President It was somewhere in my third month as the Student Bar Association President that I took the time to sit down and realize: I had absolutely no idea what the Student Bar Association was supposed to do. In my first two years here at USD Law, I participated to a minor extent – I was the 1L representative to a student organization, and I ended up being a 2L class representative to the SBA. As a 1L “rep,” I attended the bi-monthly (bi-weekly? I can never get this right) SBA meetings, and took notes for the club. More often than not, my notes consisted of the term “NSTR,” a lovey acronym I picked up from the U.S. Army meaning “Nothing Significant to Report.” No one in the organization seemed to mind that my attendance acted merely as a place-holder for ensuring the club got any allocated funding – that’s what everyone there was sitting through those meetings for. As a 2L “rep” to the SBA, I not only attended the twice a month-ly meetings, but I also participated on interest committees, such as the Graduation Speaker Committee, and the Dean’s Student Advisory Committee, aptly named D-SAC. Through D-SAC, I had the fun pleasure of soliciting feedback from my classmates and then delivering the complaints as if I myself had issue with them. As the harbinger of ill-will, I learned a lot about defending other people’s positions. Which is to say, I mostly meekly muttered issues that I personally had no vested interest in, but which I promised someone I would get an answer to. As a side note, sorry to say, but parking will never be fixed. I’ve tried and tried again. But in participating in those groups made me even more interested in the SBA. I decided, I generally like being able to try and problem solve, so why not try and problem solve from the position of President! A quick election cycle later, I was handed a gigantic pink binder by the previous SBA President. Her penchant for a borderline obsessive desire

March 2016

to document every single thing I might ever need to do or remember resulted in what I imagine is a 300 page organized binder. I am proud to say I opened it once, struggled to read through the hand-written introductory letter, and never glanced at it again. So it didn’t quite come as a surprise a few months later when I was generally baffled at just what the F I was trying to do with the SBA. At this point, a smarter person might have cracked open binder. But no, I sat down with the Treasurer, Michael Hsieh, and we discussed why we were trying to cut spending and limit pointless organizational events, other than to prevent further bruising to our dismal fiscal pride. After a long enough conversation, the two of us recognized that the point of the SBA is to get students involved – involved in the school itself. And this sounds pep-rally quality stupid, but it isn’t; by having students get involved in the SBA, the school puts on better events. With better events we get better attendance from local attorneys. Their impressions matter, and suddenly finding jobs becomes mildly easier for graduates, because we come from a school that has quality extracurricular activities going on, and also because we have these graduates with stellar resumes that show they aren’t one dimensional – it takes an incredible amount of effort to put together some of the events that go on. By fostering student involvement, the SBA is sort of the weird gate-keeper to that facet of USD’s future. If we can get students involved, maybe one day it will snowball into our rank increasing, and even more students showing up who want to be involved, etc. So even though I had no clue what I was doing when I first ran for President, or 2L or 1L “rep” for that matter, I’m incredibly glad I did. I’ve always enjoyed participating, and being involved in the SBA is an incredibly interesting, and weirdly rewarding way to do so. So if you are reading this and thinking, “hey maybe I should get involved!” then do it. Elections are coming up, and I have a great pink binder to give someone.

Extra-Curricular Activities at USD: An Inside Perspective San Diego Journal of Climate and Energy Law I joined the Journal for Climate and Energy Law (“JCEL”) as an associate in my 2L year. When I first joined JCEL, I didn’t know what kind of impact it would have on my law school experience. Now, I can safely say that JCEL had one of the biggest impact on my law school experience and legal career. As future attorneys, legal writing becomes our bread and butter. Not a day goes by without us being asked to draft a letter to opposing counsel or a motion to the court. We all learned how to write a memorandum to a partner or an appellate brief to the Court of Appeals in our 1L Legal Writing classes, but we only briefly touched on the foreign language that makes up legal citations. I’ll admit, I had no idea how to use the Bluebook, let alone cite the Geneva Convention, after my 1L year. After my 1L summer internship, I discovered that most practicing attorneys have no idea how to do that either. Knowing how to properly cite a case, or navigate the maze we call the Bluebook, set me apart from other interns and made me a more marketable candidate. Aside from that, being a part of JCEL introduced me to new and upcoming areas of law outside the confines of a classroom. The best part of the comment writing process is the ability to become an expert (of sorts) in a whole new area of law and explore legal issues that interests you. This is your chance to explore controversial issues and developing areas of the law. You can become an expert in water law, greenhouse gas emission regulations, or corporate environmental responsibility. Point is- the sky’s your limit. I was primarily interested in green technology and patent law when I first joined JCEL. The comment process allowed me to explore issues surrounding solar energy and gain a more in-depth knowledge of patent law. At the same time, the interactive process also helped hone my writing skills and sharpen my analytical skills. My comment editor constantly challenged me to think outside the box and think of sustainable and practical solutions. The comment editing and writing process helped to shape me into a better writer, and a better advocate.

Provided by JCEL Member Irean Zhang

Page 3

MOTIONS

March 2016

Extra-Curricular Activities at USD: An Inside Perspective Students From Each Activity Briefly Discuss Their Experiences

JCEL Continued... The point is, a journal membership carries benefi ts beyond prestige. The challenges you face from learning how to correctly cite a source or support the assertions you make in your comment will make you a better advocate. It may come as a surprise, but you can apply the skills and knowledge you gained practically in the real world. You don’t have to be an expert in environmental law to be a part of JCEL. You simply need to be willing to explore novel issues in developing areas of the law. If you have innovative ideas and want to be a part of one of the premier energy and environmental law journals in the nation, then JCEL is the right choice for you.

San Diego International Law Journal (SDILJ) The San Diego International Law Journal (SDILJ) is a great opportunity for students to not only hone their research and writing skills, but to work as a team to publish timely, relevant legal scholarship in the fi eld of international law. Having served as a provisional (2L) member and editorial board member, the editing and writing experiences gained from SDILJ are invaluable, even though at times the work seemed inconsequential. I sometimes relate joining a journal as akin to being an associate at a fi rm: the work is not always terribly exciting, and can sometimes involve long hours of fi nding some obscure source, or having to parse through the bluebook to fi nd the correct rule for citing a European court. That said, at the end of my 2L year when the editors showed us the physical copy of the fall publication, all of the hard work gave me a sense of accomplishment once I saw the fi nished product. On the editorial side this year, my role has allowed me to work with our board and 2L members to continue SDILJ’s role in publishing impactful, relevant articles in the area of international law. Each member is a cog in the wheel that allows SDILJ to execute a successful publication schedule. As New England Patriots coach Bill Belichick famously says, “do your job.” SDILJ is successful when each person, provisional members and board members alike, simply does their job correctly, from cite checking, text editing, and comment writing, to publication. SDILJ has no doubt been time consuming, in addition to work, class, and other obligations, but it has also been very rewarding. The comment writing process was daunting at fi rst – a forty plus page paper that required a minimum of 150 sources. I always recommend that journal members should select and write on an area of law that they are passionate about – it makes writing a 50-page paper much easier. I was fortunate to fi nd an intersection between the law and baseball, and proposed an overhaul of the current MLB and U.S. policy stance toward Cuban ballplayers. With proper time management and a great faculty advisor (thanks again, Professor Greene), I was able to deconstruct my broad/general idea and write a meaningful, focused comment. As far as text edits and cite-checking, members not only improve their reading comprehension, but increase accuracy and legitimacy for articles that SDILJ publishes. To any 1L out there thinking about a journal next year, do consider SDILJ or any of the other journals here on campus. The write-on isn’t necessarily the most enjoyable week of your life, and journal spots are competitive. But once on SDILJ, members will learn to be a part of something that has an impact on academic discourse, and allows you to learn important perspectives from different countries, cultures, and legal systems. Provided by SDILJ Managing Editory Drew Goorabian

San Diego Law Review The San Diego Law Review (SDLR) is the premier journal of legal scholarship published at the University of San Diego School of Law. SDLR was founded in 1964 as an entirely student-ran organization and today is publishing its 53rd volume. What We Do: SDLR publishes articles submitted by preeminent professors, judges, and practitioners. Each article is selected, edited, and published by the Editorial Board. We publish four issues annually, however, this year we proudly published fi ve which included a Special Edition commemorating the 60th Anniversary of the University of San Diego and the landmark decision, Brown v. Board of Education. Our Editorial Board also works with 2L and 3L members during the comment and case note drafting process. Each writer is assigned a Comments Editor that aids in navigation of the writing process by providing edits and detailed feedback. Additionally, almost every issue contains either a student comment or case note, written by one of our own members—as selected by the Editorial board. Why Join SDLR?: Membership on a law journal, like SDLR, is a prestigious accomplishment that follows you throughout the course of your education and legal career. Unlike other accolades that you can obtain during law school, journal membership is one that attorneys proudly note on their judicial and fi rm bios throughout the course of their careers. Membership also demonstrates leadership both to the University of San Diego and the legal community. It also refi nes your ability to conduct legal research, write, and edit—all invaluable skills for employment. Lastly, it also provides a mechanism to give back to the legal community via your student comment. Student comments are required as a 2L member of SDLR and is a 30–40 page paper on a novel area of the law that is interesting and important to you. This comment not only earns academic credit, fulfi lling your writing requirement, if successfully completed, but provides an avenue for employment and networking discussions—as prospective employers will always ask “tell me about your comment.” SDLR membership is a two-year commitment. During your 2L, you will draft your student comment and assist in the editing and preparation process for article publication. Successful completion of both provides the two units of academic credit. As a 3L, more academic units are available if you choose to write a case note or become a member of the Editorial Board. However, members must either serve on the Editorial Board, write a case note, or, as needed, assist in the editing and preparation process for articles for publication. SDLR members are allowed to participate in the D.C. Externship program. How to Become a Member: Each year SDLR invites the top 2.5% of the fall full-time program and top 5% of the spring full- and part-time program to join. Any student who does not “grade-on” during their fi rst year is eligible to compete in the 2016 Write-On Competition. The 2016 Write-On Competition will begin Friday, May 13th. SDLR is just one of three academic journals and hosts the competition on behalf of all three organizations. It is comprised of a closed-memo assignment and twenty Blue Book citations. During the Write-On, you may compete for SDLR membership as well as membership on the San Diego International Law Journal and San Diego Journal on Climate and Energy Law. Each journal selects between 25 and 40 new members and decisions will be made during mid to late June. Info sessions will be held this April with more detailed information. However, if you have questions in the interim, please contact [email protected]. Provided by SDLR Editor-in-Chief Misty Gates

Page 4

MOTIONS

March 2016

Extra-Curricular Activities at USD: An Inside Perspective Students From Each Activity Briefly Discuss Their Experiences USD Appellate Clinic

Choosing to join the Appellate Clinic has been a tremendously beneficial experience in that it helped to develop practical skills, while also allowing me to finish law school with excitement. The Appellate Clinic consists of a team of students and professors who work together to litigate an appeal in the Ninth Circuit Court of Appeals. Over the course of the year, students are given the chance to experience an actual appellate case from beginning to end. During the fall semester, students work together to write an opening brief. During the spring semester, students write a reply brief. One student is then chosen to argue the case in front of the Ninth Circuit Court of Appeals. The reasons for joining originally seemed obvious. First, I thought that joining would be a great way to improve my writing skills – specifically my appellate writing skills because I had not written a full appellate brief since my first year of law school. Secondly, I believe that there was always room to improve oral advocacy skills. Third, the Appellate Clinic is actual work experience one can put on a resume. I have found that potential employers are often interested in the clinic, which provides the opportunity discuss at length all of the experience and skills obtained through the clinic. And really, how awesome would it be to write on your resume that you argued a case at the Ninth Circuit Court of Appeals? Finally, and most advantageous, students are given the unique opportunity to work closely with three esteemed professors. Professors Michael Devitt, David Schlesinger, and Candace Carroll have devoted endless hours to this class. They work tirelessly and are seemingly always available. While all of these expectations were certainly met, perhaps the most rewarding aspect of the Appellate Clinic is that after three long years of law school, I was reminded of why I originally decided to pursue this career. I realized that I had gotten caught up in learning how to read a case, memorizing the minute details and exceptions of every rule, and striving to bolster my resume, all for the singular purpose of making me an attractive candidate for future employment. I had lost sight of why I was putting myself through all of this. The Appellate Clinic helped me remember. Of all the things I was reminded of, the most prevalent was that real work has real consequences for real people. I have worked on a real case for a real client in an effort to help improve his life. Every word written in our briefs and every word spoken at oral argument could actually have that effect. Whether we win or lose, we know we have done our best to make a difference in this man’s life. This Clinic has been an invaluable experience and I definitely recommend it.

Provided by Appellate Clinic Member Vincenzina Pitruzzello

Transactional Law Team The Transactional Law Team (“TLT”) is a growing program that officially began in the 2015-2016 academic year. TLT was organized to offer students a “moot court-like” experience in a transactional setting. Unlike other advocacy programs at USD, TLT is the only practical skills training program that is designed to give law students a hands-on experience in developing and honing transactional lawyering skills. TLT members compete in the National Transactional LawMeet, which was created to give students an opportunity to compete against other schools in the realm of “deal making.” Teams are given a complex business problem, such as this year’s negotiation of a “merger” between two emerging technology companies, and are tasked with the role of representing its assigned client. Although the specific agreement and transaction will vary from year to year, the competition is designed to present essential challenges in transactional problem solving – the very type that corporate attorneys or in-house counsel tackle on a daily basis. Advised by Dean Ferruolo, TLT meets multiple times a week to learn about the practicalities and law related to the transaction. For example, this year’s transaction had issues regarding the allocation of equity interests, financing, intellectual property, governance, and protection of minority shareholders. Dean Ferruolo works closely with TLT members to analyze and develop the best strategy for representing their client in the matter. As part of the competition, TLT participates in a series of “mock” conference calls. This allows the team members to strategically ask questions to assist with their research and preparation to effectively carry out their client’s objectives. Generally in a transaction, one side takes responsibility for preparing the first draft of a document and then sends it to the other side for their comments. In this way, a single document is created that displays the “bid” and the “ask” for the ensuing discussions. Like a transaction, the LawMeet is divided into phases. In phase one, the team drafts a term sheet or an agreement that represents their client’s proposal for completing the deal. In phase two, the team receives an opposing team’s draft agreement, then reviews and responds by submitting a mark-up. Recently, at the 2016 Western Regional Transactional LawMeet, this year’s team (Lindsay Craft, Andrew Walters and Ross Bautista) received top honors for submitting the best draft term sheet. In phase three, teams travel to face off in a round-robin negotiation competition against other teams. During the negotiations, two experts judge each round by scoring each team on three criteria: the team’s ability to inspire confidence from a client and respect from the other side; the sophistication of the team’s understanding of the objectives and issues; and the team’s success in achieving its client’s objectives. The Transactional Law Team strives to increase the opportunities for students to develop a wide array of planning, negotiating, and document drafting skills in connection with business transactions. With the support of Dean Ferruolo, TLT plans to grow its presence on campus as the premier opportunity for students to gain transactional experience.

Provided by TLT Founder Ross Bautista

VICAM “VICAM” stands for Vis International Commercial Arbitration Moot, a form of alternative dispute resolution. What exactly does this mean? The team competes in Hong Kong, Vienna, and a few U.S. competitions, representing a “client” in a dispute regarding the international sale of goods. VICAM is different than many of the oral advocacy opportunities on campus, in that the law applied to the problems is similar to the U.C.C., but on a much grander, international scale—addressing both civil law and common law countries. The team receives a problem at the beginning of the year, and works together to create two briefs, and to prepare oral argument for both sides of the issue. The problems are complex and interesting, designed to address hot topics in international contracting and arbitration. For this reason, the USD VICAM team must be prepared to keep pace with the advancements of international law and commerce. Each spring, students from more than 275 law schools, in 70 different countries, participate in the Vienna and Hong Kong Vis Moot competitions. The research, writing, and oral advocacy components of Vis Moot are extremely rewarding to students, and duplicate the “real life” advocacy experience. In addition, the opportunity to represent USD while competing overseas is one of the most memorable and meaningful experiences. USD VICAM focuses on winning as a team, rather than directly competing. The team members try to support one another in any way possible, whether that is by providing an outline for a class, or cupcakes on a rainy day. Overall, USD VICAM aims to create a FUN and REWARDING law school experience… why not travel to a foreign country to compete with some of your closest law school friends! Provided by VICAM Member Melissa Chinn

Page 5

MOTIONS

March 2016

Extra-Curricular Activities at USD: An Inside Perspective Students From Each Activity Briefly Discuss Their Experiences



Appellate Moot Court

Chief Justice, Your Honors, and may it please the Court, We, members of the Moot Court Board, speak for all those whose lives were changed by appellate advocacy at USD Law. In our time before the Court, we will argue that a law student’s best experience can be competing in Moot Court, particularly because the student-advocate’s goal is far greater than just success in a competition. The Moot Court Board is the only student-run oral advocacy program at USD Law. Moot Court is the genesis of a student’s legal career that, regardless of practice area, requires excellent advocacy. An excellent advocate is knowledgeable about the law, masterful in marshaling facts, skilled in the forensic arts, respectful of decorum, compliant with proper procedure, devoted to the client, honest with everyone, and above all, persuasive. Our Board members work closely with highly-skilled local attorneys to hone these skills before competing on the national stage. This year, our Board represented USD at nine national appellate tournaments in various cities, including Atlanta, Chicago, Columbus, Malibu, Portland, San Francisco, and Washington D.C. After spending anywhere from two to five months preparing appellate brief submissions and practicing how to argue both sides of an issue, our competitors have a mere 15 minutes to persuade three attorneys that their presentation is superior. Through this difficult form of devil’s advocacy, our competitors discover the flaws in their own positions and learn to think objectively, skeptically, and honestly. Most recently, 3L Alina Litosyk and 2L Emily Reber were successful in this venture when they brought home the first place trophy from the Saul Lefkowitz Moot Court Competition in San Francisco prevailing over nationally ranked schools such as Stanford, UC Hastings, UC Berkley, and UC Davis. Moot Court refines the most formative skills that law school can impart upon a student. Not only do competitors spend months preparing to represent USD nationally, but these forty-six incredibly busy students are further responsible for coordinating of over 120 competitors and 400 attorney-judges to execute three Moot Court tournaments in a span of only six months. This year, our Board hosted tournaments in both the fall and the spring semesters exclusively for the benefit of our second- and third-year students. These intramural tournaments addressed emerging issues in Tort and Constitutional Law. USD students were provided the opportunity to weigh in on appellate court circuit splits and pressing policy concerns that are currently being argued before state and national courts. In addition to these intramural tournaments, our Board also hosted the 27th annual National Criminal Procedure Tournament at the Hall of Justice. Students from thirty different schools traveled to San Diego to compete in this nationally recognized competition. On top of internships, law journals, mock trial, vis-moot, and countless hours spent in their courses, our Moot Court Board members assiduously go the extra mile to succeed, not only individually, but as an unbreakable team. For the foregoing reasons, the process of becoming an excellent advocate is a career-long journey that beings with Moot Court. Provided by the Appellate Moot Court Board



National Mock Trial Team “There isn’t a day goes by that that I don’t benefit from the skills I gained by participating in mock trial.” Frankie DiGiacco, head mock trial coach, said that while he was trying to convince a group of law students and I to try out for the mock trial team a few years ago. Those words stuck with me and I wondered if they were true. The tryout process for mock trial was pretty straightforward. USD hosts an intramural mock trial tournament every March. Each student who wants to tryout must register with three other classmates as a team of four and then compete in the tournament. Each team competes in four mock trials throughout the course of a weekend against other teams comprised of USD students. Each student will conduct direct examinations, cross examinations, and do either an opening statement or closing argument. Based on each student’s individual performances, the mock trial team coaches make team member selections for the following year. Although the process is straightforward, it makes for a very long and tiresome weekend. On top of all of the reading and assignments piled on students during their second semester of 1L year, they must prepare for trial and book up their entire weekend. I participated in the intramural tournament (AAJ) during my 1L year. It was grueling. I was burnt out and I felt like walking out and quitting. But, it was totally worth it in the end. My team ended up doing very well in the tournament and all four of us received offers to join the team. I had the opportunity to compete in the fall in the San Diego Defense Lawyers’ competition, representing USD in a competition against schools from across the country. I also helped coordinate the intramural tournament during the spring semester. Although it took a lot of time and work to prepare for the competition, I loved being part of the team and working with my teammates. I also grew more as an advocate than I ever knew I could. I have a wife and daughter, so I decided to choose one extracurricular activity during law school, unlike other law students who participate in multiple activities. I chose mock trial over moot court or a journal because I felt it was very practical. Oral advocacy experience will help you as an attorney, whether you are a criminal prosecutor, or a wills and trusts guy. Yes, mock trial teaches you how to perform direct and cross-examinations, closing arguments, and opening statements. This experience will help you perform depositions and conduct trials as an attorney. But I also believe it teaches you how to present yourself in a professional and clear manner. These are skills that help any attorney as they interact with clients, opposing counsel, and fellow attorneys at your firm. Mock trial has been a talking point that comes up every time I interview for a job. It’s helped me in my internships, as my bosses have trusted me to handle hearings with little supervision since they know I have mock trial experience. It’s given me confidence. I encourage you to tryout. If you get an offer, join the team. It will kick your butt, but you won’t regret it. Frankie’s words ended up applying to me in the end. There isn’t a day that goes by that I don’t benefit from the skills I gained by being on the mock trial team.

Provided By Mock Trial Team Member Ken Brown

Page 6

MOTIONS

March 2016

Student Workers Keep the LRC Going By Ruth Levor, LRC Law Librarian The LRC is a great place to study and to do research, but without our student workers, we wouldn’t be nearly so welcoming and accommodating. The familiar faces that you see on your way in for your daily session of class prep or work on your papers are more often than not the faces of your classmates working behind the circulation desk, shelving books in the stacks or even processing materials in the back room (although you don’t actually tend to see the latter, they’re there). These fellow future lawyers are not just “window dressing.” We depend on them from the time they open the doors and bring in the day’s newspapers to the time they start flashing the lights to announce closing time. To give you an idea of all the important things they do and what their work experience is like, I spoke with some of our student employees, and here’s what they told me. 3L Ashley Pourat has been working at the LRC since she began law school. Of all the work opportunities available to students, she was most attracted to the library as “the unofficial center of the law school” (her words, not mine), where she could meet other students and work with wonderful staff people. Ashley joined the LRC staff through the law school financial aid program. Once she qualified as eligible for financial aid, she was required to submit to a background check and sign a work study contract specifying the amount of aid she was eligible to receive. Students can only work the number of hours needed to receive their maximum aid allotment. Now, however, after establishing herself as an excellent library worker, she has been promoted to one of the two circulation graduate positions, which requires a five-days-a-week four-hours-a-day commitment and lasts for 50 weeks. The graduate workers are scheduled to open and/or close the library; Ashley opens the library four mornings a week and closes one evening. In addition to ensuring that all of the appropriate doors are unlocked and locked according to the posted schedule, the graduate workers manage the reserve room, where they make sure that all the study aids are kept organized by subject and type. Ashley particularly enjoys her responsibility for training all of the new student workers, which gives her both the opportunity to meet new colleagues and the opportunity to reinforce her knowledge of the library. When the staff supervisors are not present, it’s also the responsibility of the graduate workers to make sure that all of the work that needs doing is done correctly. That means answering the phones promptly and professionally, handling inquiries by phone and in person, filing loose-leaf materials accurately and reshelving books properly. These duties are shared by the work study folks who are working off their financial aid as well as the graduate workers. Once all these tasks are completed, student workers at the circulation desk appreciate the opportunity to use their time studying for class, either by reading their textbooks and online materials or by typing their notes and outlines. 2L Patrick Carden says he’s able to get a lot of studying done and yet still keep his eyes and ears open for folks who either come in or call in needing assistance. He and Ashley also appreciate the social aspect of their library work, getting to chat with classmates and meet other law students, as well as interacting with faculty, non-law students and members of the public. These interactions go a long way toward helping them to feel integrated in and committed to the campus community. 1L Elena Gutierrez’s work experience is slightly different because she works behind the scenes with our technical services staff. Our “back room” is a whole different world where all library materials are processed and updated. Elena’s tasks include checking in newly acquired items so that they can be accessed and tracked on the online system, removing and adding pocket part updates, processing books to be labelled and placed on the shelf and filing loose-leaf materials. While the work tends to be routine and repetitive, Elena really appreciates the opportunity to take a break from law-related study and clinic work and to relax into a more Zen pattern for her ten to fifteen hours a week at the library. She also appreciates working with the library staff who she says are very concerned with her progress in law school and understanding of her need to make that a priority. During finals they allow her to cut her work schedule in half to make more time to study.

All three student workers mentioned the appeal of the flexibility they’ve had in setting their work schedules to accommodate their classes and other demands on their time. In order to maintain coverage at the circulation desk, the staff created a wiki where student workers can check their schedules and request subs or switch shifts with colleagues when something comes up. However, both Ashley and Patrick also talked about how the discipline of having these on-campus jobs has given them valuable time management experience and supported effective study habits. (Elena was actually used to working full time while going to school, so in that sense her current schedule is a little less challenging.) Elena was initially concerned that the work might be too hard when she saw the extensive list of duties listed in the job description. She had never worked in a library before, but she has found the experience to be really enjoyable. She has been amazed and gratified to learn about all that goes on in the background to maintain a large library collection—all the purchasing protocols, the vast and complex spreadsheets and the highly systematic organizational details. Patrick and Ashley report that even though their duties involve public service, they have very little drama to deal with. Confrontational occurrences are rare, usually confined to dealing with undergraduates who are angry about being barred from the library during finals. They apparently resort to various subterfuges, such as fake wrist bands, or they just try to run past the ID checkers. Patrick says he can usually spot them in advance because they stand outside the glass doors reading the signs before they make the attempts. I asked all three to rate their work experience on a scale of one to ten, with one being So Boring and ten being Super Stimulating, and each one independently picked a rating of eight (no chocolate inducements, really!). Ashley pointed out the opportunity to really learn about the library and its resources, such as access to past exams, CALI cards and lessons, reserve materials and other materials that people tend to use heavily. Patrick added that he has learned a lot about printers from his troubleshooting experiences. Both talked about the advantages of being mentored by upper-class coworkers when they began working at the library. As Patrick says, “This job is about more than earning a few extra bucks.” While Elena hopes to come back to work here next semester, Ashley is sad that this will be her last semester working here. As for the staff, it is a great joy for us to get to know and work with our students. We take a real interest in them, and we particularly enjoy hearing from alums, some of whom even come back to visit. Ruth Levor has been at the LRC for 23 years. She is now semi-retired but still enjoys coming in every morning to work at the reference desk and to assist faculty and students. While now far removed from her law student days at the University of Cincinnati and her grad student days at the University of Kentucky, she maintains great empathy for students who are just now first encountering the world of legal research. Based on her daily experiences with our law students and the younger librarians, she has great optimism for the future of the legal profession and legal education.

Page 7

MOTIONS

March 2016

Republicans Trumped to the Polls while Democrats Stayed Away: The Fallout from Super Tuesday By Brody Burns, Editor-in-Chief

2016 Primary Calendar

If you’re reading this, then it’s too late. The race is essentially dead. The absurdity is approaching reality. Someone alert Dr. Peter Venkman, this is going to go way beyond dogs and cats living together. Donald J. Trump is going to be the Republican nominee for the Presidency. And yet we laugh at North Korea for their silly leader. I think Seth Rogan and James Franco just found their subject for the Interview part deux. The reality is tragically abhorrent. Trump is the candidate that advocates that “you have to take out their families” in regard to terrorists, which seems contrary to the Geneva Convention. He’s the one that stumps for a “total and complete shutdown of Muslims entering the United States,” which one Harvard Law Professor contends violates both the First and Fifth Amendments. He’s the only candidate who has characterized different women as “fat pigs”, “dogs”, “slobs” and “disgusting animals.” Apparently the disgusting animal cannot see himself in the mirror. Trump is a candidate of humble beginnings. A man who rose from one penthouse to another penthouse after he courageously accepted a “small loan of a million dollars” from his father to launch his own real estate business. A man who has utilized as many loopholes as he can “pay as little tax as possible, because I hate what they do with my money.” A man who has only taken advantage of the business bankruptcy laws on four different occasions to file for Chapter 11. According to bankruptcy.com, he is the winner. As in the top filer for business bankruptcy in decades. He’s winning by losing! We can only hope the fifth time will come after he is elected President and then spends $8 Trillion building a 1,000-foot wall, complete with LED panels, to span across the US and Mexico border. China has their Great Wall. This would be America’s great barricade, because in Trump’s America only certain people are permitted to pursue the American Dream. Only those with certain “winning” traits. It is unfathomable that Trump is actually going to represent one of the two major parties in the general election this year. It’s on the unthinkable end of the spectrum, just short of a battered women’s group hiring Chris Brown to play a fundraiser. Or someone saying that Lady Gaga has a conventional fashion sense. Just read the following sentence. Donald Trump is the Republican nominee for President. Shocking. On the other side, Hillary Clinton is going to be the nominee for the Democratic Party. The process is still in progress, but her lead, buttressed by Super Delegates, appears to have rendered the rest of the process moot. In comparison to their Republican cohorts, the Democrats have been downright civil and boring. So boring that their own party won’t turn out to vote. The story, which is largely going unnoticed, on the Democratic side is the general apathy of voters. Going into Super Tuesday every state was dramatically down in turnout versus the last set of primaries in 2008. Iowa saw a decline of just under 30 percent. New Hampshire fell by about 13 percent. Nevada saw a 30 percent slide. Finally, South Carolina saw a 30 percent decrease. Having thousands of people turnout to a rally matters little if they don’t go to caucus or vote on your behalf. On a side note, how stupid is it that some states still use this caucus system? The only justification that I can see for the caucus system, goes back to a time when voters were really unaware of who the candidates were and what they believed. Like back in the dark ages, when Presidential campaigns didn’t rage for 18 months to the tune of billions of dollars of costs. But, in an age of social media and 24-hour news, candidates have the ability to literally reach out to voters every second of every day. Campaigns are run nationally these days, for almost 2 years leading up to the election. It’s national news for more than a year out, who’s running or who should be running. I find it hard to believe that the caucus serves any real purpose. Voters who actually vote in primaries, which is a dismal percentage of the voting population, very likely have their minds already made up. Now back to apathy, if any Democratic readers are still reading. It’s dreadful. Maybe Clinton’s email scandal is keeping primary voters away. Maybe Bernie’s brand of socialism has left voters feeling cold. Maybe voters don’t like the fact that both of the Democrat candidates are, unmistakably, career politicians. The type of career politician who has no personal experience dealing with the crippling debt of student loans, dwindling job prospects or rising costs of health care. Both Clinton and Sanders are well detached from our reality. Sanders has been in Congress since 1991, meaning that hypothetically the last time he interviewed for a job was over 25 years ago. Clinton is no different. In a time of disenchantment with our Government, it’s interesting that such insiders have surged to be the only two options on the Democratic side. With Super Tuesday behind us, and the primary season essentially over, it’s time to focus on the impending Trump versus Clinton matchup. From an entertainment standpoint the soundbites will be unbelievable. From a policy standpoint… I’m not holding my breath. Brody Burns is a 3L Enjoy the rest of the never-ending interested in Criminal Presidential campaign. Law

Republicans Feb. 1 – Iowa – Cruz Feb. 9 – New Hampshire – Trump Feb. 20 – South Carolina – Trump Feb. 23 – Nevada – Trump Mar. 1 – Georgia, Alabama, Virginia, Vermont, Massachusetts, Tennessee, Arkansas – Trump Minnesota – Rubio Texas, Oklahoma, Alaska – Cruz Mar. 5 – Maine, Kansas, Kentucky, Louisiana Mar. 6 – Puerto Rico Mar. 8 – Hawaii, Idaho, Mississippi, Michigan Mar. 12 – Wyoming, Guam, Washington D.C. Mar. 15 – Northern Marianas, Missouri, Ohio, Illinois, North Carolina, Florida Mar. 19 – U.S. Virgin Islands Mar. 22 – American Samoa, Utah, Arizona Apr. 1 – North Dakota Apr. 5 – Wisconsin Apr. 9 – Colorado Apr. 19 – New York Apr. 26 – Delaware, Pennsylvania, Rhode Island, Connecticut, Maryland May 3 – Indiana May 10 – Nebraska, West Virginia May 17 – Oregon May 24 – Washington June 7 – New Mexico, Montana, South Dakota, New Jersey, California Democrats Feb. 1 – Iowa – Clinton Feb. 9 – New Hampshire – Sanders Feb. 20 – Nevada – Clinton Feb. 27 – South Carolina – Clinton Mar. 1 – Texas, Georgia, Tennessee, Virginia, Massachusetts, Alabama, Arkansas, American Samoa – Clinton Vermont, Minnesota, Oklahoma, Colorado – Sanders Mar. 5 – Nebraska, Kansas, Louisiana Mar. 6 – Maine Mar. 8 – Democrats Abroad, Mississippi, Michigan Mar. 12 – Northern Marianas Mar. 15 – Missouri, Ohio, Illinois, North Carolina, Florida Mar. 22 – Idaho, Utah, Arizona Mar. 26 – Alaska, Hawaii, Washington Apr. 5 – Wisconsin Apr. 9 – Wyoming Apr. 19 – New York Apr. 26 – Delaware, Pennsylvania, Rhode Island, Connecticut, Maryland May 3 – Indiana May 7 - Guam May 10 – West Virginia May 17 – Kentucky, Oregon June 4 – U.S. Virgin Islands June 5 – Puerto Rico June 7 – North Dakota, South Dakota, Montana, New Mexico, New Jersey, California June 14 – Washington D.C.

Page 8

MOTIONS

March 2016

Five on Five: Five Students - Five Questions Court has probably been my favorite as it is the least time consuming. Plus I won the Alumni Competition so that definitely made Moot Court enjoyable. 4. How has being involved in these activities helped in your job search and/or work as a law clerk? Having these activities on my resume provides me with talking points, which helps in every interview. It shows employers that I am versatile. While nobody has told me I got a job because of Law Review or Moot, it’s something that has been considered in every interview. I know some places won’t offer you an interview if you don’t have either on your resume. 5. Finally, last question...what’s your spirit animal? Aziz Ansari, specifically, his character Tom Haverford from Parks and Rec. The resemblances are uncanny.

Caitlin Macker, 3L 1. What extracurricular activities have you been a part of during law school? I competed on both the Mock Trial Team and the National Moot Court Team. I was also a member of the Associate Board, Executive Board, and the McLennon Problem Writer for Moot Court.

4. How has being involved in these activities helped in your job search and/or work as a law clerk? I got my 2L summer associate job because a fellow mock trial competitor recommended me. I am working at that firm as a post-bar. In every interview, I have been asked about my moot court and mock trial experiences. Many attorneys competed in moot court in law school so it always provides a good conversation starter. 5. Finally, last question...what’s your spirit animal? Sloth. I am a 3L.

2. Which activity required the most time and how much time did it require? VICAM probably required the most time because of all of the practices we had. However, Law Review was probably took the most time because of all the work that needed to be done. 3. Which activity have you enjoyed the most? Moot

3. Which activity have you enjoyed the most? I have thoroughly enjoyed being a lead articles editor. I felt like I was integral to the publication process, like I was doing something important. It’s a lot of work, but I’m certainly going to miss it.

Xiao Jin, 2L 1. What extracurricular activities have you been a part of during law school? I am involved in Mock Trial and Moot Court Appellate Board. 2. Which activity required the most time and how much time did it require? The competitions always require the most amount of time and dedication. The Moot briefs takes a bit of time. Gathering all the relevant resources and put them together in a coherent argument is not something you can do in a couple of days. Mock Trial practices can go long as the teams and coaches are very dedicated. 3. Which activity have you enjoyed the most? I had a lot of fun competing in Mock Trial. The teammates spent a lot of time together, get to know each other, friendships were made. I get pretty nervous in practice in front of my peers. But that nerve fades when the adrenaline kicks in during the actual competitions. I loved putting on a “show” in the rounds.

5. Finally, last question...what’s your spirit animal? Horse. I love running around. Also, the year of the horse is the best year. Look it up.

1. What extracurricular activities have you been a part of during law school? I was on VICAM, which is the International Arbitration moot team, for my first 2 years. I was on Law Review my second year, and I have been on Moot Court since 2L year.

2. Which activity required the most time and how much time did it require? As a lead articles editor, editing author articles required the most time. I was responsible for verifying all of the cited sources and editing the text of the article. Fortunately, I never had to worry about Bluebooking; our wonderful Articles Editors took care of that. I’m not sure exactly how many hours an average edit would take, but I would usually dedicate two entire weekends to it.

5. Finally, last question...what’s your spirit animal? Goat

4. How has being involved in these activities helped in your job search and/or work as a law clerk? I must say these activities are very important for job searches and interviews. I would have run out of stuff to talk about, had I not been involved in these activities. In one interview, I asked at the end “why interview me out of all your applicants?” The interviewers responded “we saw that you are on the Moot Court board.” So, there you go.

Tej Singh, 3L

1. What extracurricular activities have you been a part of during law school? Apart from a few internships here and there, my main extracurricular activity in law school has been law review.

4. How has being involved in these activities helped in your job search and/or work as a law clerk? Being a member of law review really seems to have helped me on the internship front. I suddenly started getting a lot more interviews after I put it on my resume. I think it was an essential part of getting me to where I am today.

2. Which activity required the most time and how much time did it require? Mock Trial and Moot Court required about the same amount of time. However, the two organizations are different in how much time I committed per week. 3. Which activity have you enjoyed the most? I enjoyed both for different reasons. For fun, I enjoyed the mock trial team. I spent a lot of time practicing and practices are a really great way to make friends. I should note that I am biased towards mock trial because I have done it for a long time. But, I think it is the more enjoyable of the two if your focus is oral advocacy. I enjoyed Moot Court because of the oral advocacy practice. Moot Court requires you to think on your feet and it forced me to develop that skill.

Jeff Monsell, 3L

Erin Lupfer, 2L 1. What extracurricular activities have you been a part of during law school? I am Vice President of the Vis International Commercial Arbitration Moot (VICAM) team, and a member of the USD Appellate Moot Court Associate Board and the San Diego Law Review. 2. Which activity required the most time and how much time did it require? All of them. The work for each activity comes in waves at different times of the year, but the work is fairly equal. 3. Which activity have you enjoyed the most? VICAM. We work on the problem as a team throughout the entire school year, and in mid-March I am traveling to Vienna to compete against teams from all over the world. 4. How has being involved in these activities helped in your job search and/or work as a law clerk? Each activity looks good on a resume and gives you something to talk about during an interview. They have all helped me improve my writing skills, and VICAM and Moot allow me to also work on my oral advocacy. 5. Finally, last question...what’s your spirit animal? Sea otter.