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Published by khoanet, 2015-07-21 19:25:34

Description: Editor-in-Chief: Kevin Khoa Nguyen
Associate Editor: Barbie Breeden
Staff Writers: Tonya Anderson, David Barnett, Jessica Deller, Suzie Kersh, Alex Nguyen, Emma, Popiolkowski, Jennifer Schinke
Documentarian: McCall Miller
Design & Production: Sky World, Inc.


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THE PRECEDENTWelcome, Fellow Students! In this issueBy Tatiana Yokoyama, Student Bar Association President 2Moving Forward 3Letter from the Editor On behalf of the Western State College of Law 4Marriage Equality Student Bar Association, Welcome Back! I hope 5Ruling Challenges Unpaid you all had a relaxing summer and are ready to start the 2013-2014 academic year. I would also Internships like to take a moment to Welcome the Incoming Class of 2016. 6Standing on Shaky Ground? 7Career Services & Development My name is Tatiana Yokoyama and I am your SBA President. The Western State SBA 1L Check List members are YOU, the students! The SBA Committees work together to plan and organize 8Honor & Beyond @ WSCL Public Service, Networking, and Social events for 9Journal Clerk Externship YOU. One of my goals as President is to ensure 10Top 4 Reasons to Attend WSCL that the SBA organizes activities beneficial to you 11SBA Officersas a law student and your development as a future lawyer. Also, as President, I 12Quick Facts - Humoram your representative and liaison to the Western State Administration, Staff, 13Sample CA Bar Questionand Faculty. If you have comments or questions, please feel free to contact mein person or at [email protected] THE PRECEDENT welcomes contributions from the WSCL studentAll good things must come to an end, and summer is one of them. While someof you are excited to begin a new academic year of school, I have a feeling body, administration, faculty,many of you already miss the relaxing days of summer (and who could blame staff and If you fall into the latter group, your SBA has fun events planned tocure the Back to School blues. If you have an essay, article, or illustration you would like us toOn Saturday, August 24, the SBA and Student Organizations will jointly consider for publication, please contactsponsor and invite you to attend the Welcome (and Welcome Back) BBQ for us at: [email protected] and returning students on campus. There will be food, games, andinformation tables featuring the various Student Organizations at WSCL. (Continued on page 5)

THE PRECEDENT VOL. 9 NO. 1 Moving Forward! By David Barnett, SBA Building Chair The precedent Last year, Western State College of produce the newsletter (large Editorial Team Law sold our facilities to California Xerox type copier, fax, scanner, Editor-in-Chief KEVIN KHOA NGUYEN State University at Fullerton, with a computers for publishing, etc.) Associate Editor plan of relocating • SBA room BARBIE BREEDEN three years later. separate from the One year has passed Student Organizations Documentarian and the Relocation room – approximately McCALL MILLER Committee made up 200 sq ft or greater in of representatives order to have Executive Staff Writers from the administra- Committee meetings. TONYA ANDERSON tion, faculty and the • Possibly two Student Bar Associ- Student Organization DAVID BARNETT ation has been SUZIE KERSH gathering data to rooms with large ALEX L. NGUYEN JENNIFER SCHINKE help us determine the conference type tables Contributing Writers size and location of for the organizations to PAMELA DAVIDSON our new home. hold their Executive McCALL MILLER Currently, Dean Dean William E. Adams Committee meetings Design & Production William Adams has (location near the SKY WORLD, INC. asked each group student union) – Contact Information (administration, faculty, librarians, and possibly a large room EDITOR, THE PRECEDENT students) for a list of our specific with a divider to separate the space. 1111 S. State College Blvd. Fullerton, CA 92831 needs and desires. With this task in • More parking! A lot more parking. Tel: 714-926-9718 hand, the SBA has submitted the • Relaxation space that can fit a pool Email: [email protected] following list to the Dean: table or other equipment, or some The Precedent is a monthly publication of the Student Bar Association of Western State • Collaborative large study rooms – couches, enabling students to lounge College of Law. Please do not reproduce any these rooms will allow for stu- without disturbing library patrons dents to have group study without (part of the student union area). material in this publication without prior written permission, obtainable at the restrictions of having to be This list is not all-inclusive, but as we [email protected] silent (150 – 200 sq ft). move forward in this process, the SBA /WSULaw • Student Union complex – an area and the Relocation Committee will be soliciting your input. This is our oppor- Website: that connects a student lounge, tunity to help build a new Western State cafeteria, outside study area (green with updated facilities that will suit the space) in one central location. needs of current and future students and • Student Store – to sell markers, graduates, as well as our community, for pens, school clothing, etc. years to come. Please contact David • An open space/room for student Barnett, Building Committee Chair- organization events or for student / person and Relocation Committee administrative activities (current Student Representative, at example: room 405). [email protected] or contact • Sound proof study rooms that only any SBA member with your input or hold one or two people. concerns. Please contribute and participate in the decision-making • Separate rooms for Law Review, process, and keep an eye on Dean’s Moot Court, etc. Separate space Forum for information about the for The Precedent, enough to relocation. This is an exciting time for handle the needs of the editor to WSCL!2

VOL. 9 NO. 1 THE PRECEDENTBeginnings LETTER FROM THE EDITORBy Kevin Khoa NguyenThis marks the first issue of The Precedent for the Barnett, SBA Building2013-2014 school year, and my first as Editor in Chief. Committee Chair. MyBeginnings can be exciting, yet scary at times. It is our sincerest appreciation andgoal at The Precedent to accentuate the positive aspects admiration as well go to allwhile helping dissolve the difficulties as we embark on the staff writers,these beginnings together. photographers and other contributors who workedThose of you familiar with this publication will likely tirelessly over the summernotice that we have instituted a new layout and to get this issue ready by theexpanded the scope of our newsletter to provide more first day of school! Thankrelevant and useful information for the WSCL you so much for yourcommunity, including enhanced coverage of student dedication and generosity!internship opportunities and success stories, alumni andcommunity participation in campus activities and On behalf of the writers andstudent career assistance, and free gifts and discounts staff of The Precedent, Ifor WSCL students offered by local merchants. We are invite you to share your thoughts about our publication, andalso providing a new forum for alumni, faculty, staff, to contribute your own articles, photos, graphics, or otherand students to write about a variety of legal and relevant material for publication. Please mail youreducational issues, and are developing reciprocal submissions to: Editor, The Precedent, 1111 S. Statecontent sharing arrangements with other selected College Blvd., Fullerton, CA 92831 or email them to:publications. [email protected] am grateful to the WSCL Student Bar Association and We hope you will find The Precedent useful andmy fellow students for nominating and selecting me as informative, as well as entertaining (yes, we can have somethis year’s SBA Chief Communications Officer and fun in law school, too!).Editor in Chief of The Precedent. I also would like toexpress my gratitude to the many individuals at WSCL Sincerely,who have supported and helped me transition into mynew role at The Precedent and who will be instrumental Kevin Khoa Nguyen, Editorto the success of this newsletter, including: DonnaEspinoza, Director of Student Services; PamelaDavidson, Director of Career Services; Shari Hartmann,Registrar; Tatiana Yokoyama and Caren Seenauth,President and Vice President of the SBA; and DavidSponsors Thank you for your generous support 3

THE PRECEDENT VOL. 9 NO. 1Two Small Steps for Marriage Equality NEWSOne Giant Leap for California Wedding Cake BakersBy Barbie Breeden On June 26, of a man and a woman.” From 2000 between a man and a woman [wa]s 2013, the U.S. to 2008, California cake bakers were valid or recognized in California.” Supreme Court issued making wedding cakes solely for Same-sex couples’ freedom to two key weddings of heterosexual couples. marry, and a big slice of bakers’ decisions involving the clientele, were both put on freeze. freedom to That all changed on May 15, 2008, marry. The result? The however, when the California Su- It was not until August 4, 2010 thatWindsor v. United States decisionabout D.O.M.A. changed the land- preme Court invalidated Proposition the U.S. District Court issued ascape of marriage-related federal pro-tections and responsibilities for le- 22 as a violation of California’s Con- decision in the Perry case thatgally married same-sex couples livingin states that recognize their mar- stitution. It appeared that from that began the thawing process. Rulingriages. The Hollingsworth v. Perrydecision restored same-sex couples’ point “Thanks to the Perry decision, cake in favor of twofreedom to marry in California, on, bakers regained a cake-seeking client same-sex couplesrendering permanent a Ninth Circuit same- who had beenDistrict Court decisionthat invalidated sex base that crumbled in 2008 – same-sex denied marriageProposition 8 asunconstitutional. For couples couples in need of wedding cakes.” licenses inthose whose livelihooddepends on cake baking in need California, thein California, it is thePerry decision that has of wedding cakes would be making court found that Proposition 8business-boomingimpact. Thanks to the wedding plans and placing cake or- “unconstitutionally burden[ed] thePerry decision, cakebakers regained a cake- ders. (After all, what’s a wedding exercise of the fundamental right toseeking client base thatcrumbled in 2008 – without cake?) According to The marry and create[d] an irrationalsame-sex couples inneed of wedding cakes. Human Rights classification on the basis of sexualIsn’t Calling It a Giant Leap a Campaign, orientation.”Bit of an Exaggeration? approximatelyTo answer this question, it helps tolook at the “wedding-cake-take” from 18,000 same-sex Appeal Efforts Crumbled fora timeline perspective. In March of weddings took Defenders of Proposition 82000, California voters approved place in Cali-Proposition 22, a law that excluded fornia over a The District Court’s decision wassame-sex marriage rights by defining span of less than upheld in the U.S. Court of Appealsmarriage in California as “the union six months start- for the Ninth Circuit by a 2-1 ing in June of decision. Thereafter, a request for 2008. That’s A the appeal to be heard en banc by LOT of wedding the entire court was denied. It cake! wasn’t until December of 2012 that the U.S. Supreme Court granted The wedding certiorari to review the case. cake clientele Even though the U.S. Supreme comprised of Court granted certiorari, the Perry same-sex couples vanished though, case was ultimately dismissed for soon after it emerged. On November lack of standing. It’s critical to note 4, 2008, opponents of same-sex mar- that the California state and local riage in California took the lead in the officials (who were the named struggle over equal marriage rights by Defendants of the case initiated by successfully pushing through Perry) did not appeal the District Proposition 8. Under this ballot initia- tive, California’s Constitution was (Continued on page 13) amended so that “[o]nly marriage4

VOL. 9 NO. 1 THE PRECEDENTRuling Challenges Unpaid Internships NEWSBy Suzie KershThe days of unpaid internships may be numbered. On The case turned on the factJune 11, 2013, a United States District Judge from the that Fox Searchlight did notSouthern District of New York ruled that Fox Search- dispute it obtained anlight Pictures violated minimum wage and overtime immediate advantage fromlaws by not paying interns who worked on, among the interns and the tasks theother projects, the 2010 movie “Black Swan.” interns performed would have otherwise requiredThe opinion given by Hon. William H. Pauley III, out- paid employees. Addition-lined the application of the Department of Labor’s six- ally, the benefits the internspart test to determine whether an internship may be received such as resumeunpaid. Under the test, a position qualifies as an intern- listings, job references, andship if it is similar to training, provided in an educa- an understanding of how ational environment, and is for the benefit of the intern. production office worksIn this situation, an employer would derive no immedi- were incidental. Theseate advantage from the performance of an intern. The benefits were not theintern’s position is not one that will displace a regular intended result of an internship structured as a vocational oremployee, as the intern is only there for training and academic training environment.educational “A position qualifies as an internship if it is While this is the opinion of only onepurposes. Finally,there is a mutual similar to training, provided in an educational judge that may be overturned onunderstanding environment, and is for the benefit of the intern” appeal, this decision may impact anbetween the estimated 1 million unpaid internshipsemployer and offered in the United States every year.intern that there will neither be a compensation of It will force employers to take a harder look at the issue towages nor a guaranteed job offer at the conclusion of make sure their internship programs are structured correctlythe internship. or paying the interns minimum wage in order to avoid the risk.In considering the totality of the circumstances, thecourt held that the interns were classified improperlyand are considered “employees” as defined under New Suzie Kersh is a 2L Full-time Student. She is a Staff WriterYork Labor Law and the Federal Labor Standards Act. of The Precedent.SBA President Letter (Continued from page 1)The following Friday, August 30, the SBA will be having our first Bar Review of the year. Bar Reviews are socialgatherings of Western State students at nearby bars. Some of you may not want to tear yourself away from the books toattend a Bar Review but remember, Bar Reviews provide a fun and entertaining way to meet fellow students outside ofthe usual classroom environment and take a break from the stressful class and studying routine. Bar Reviews are notexclusive to Western State students. Feel free to bring a friend! We are one big family here!As always, if you would like to be involved with your SBA, feel free to contact me directly or the SBA [email protected] You can also find us and an electronic copy of The Precedent online I wish you much success during this academic year andlook forward to meeting and seeing you all. To advertise in The Precedent or become a featured sponsor of WSCL SBA activities, please contact us at 714-926-9718 or email: [email protected] 5

THE PRECEDENT VOL. 9 NO. 1Standing on Shaky Ground? ISSUESBy Kevin Khoa Nguyen or statutory “duty to retreat when possible” where a person “reasonably” fears death or great bodily harm toIn the wake of the George Zimmerman trial, the so-called himself or others, the “stand your ground” laws in Florida“stand your ground” defense continues to be the subject of and 25 other states may unreasonably increase the risk ofconsiderable controversy. An increasing number of injury or death among innocent individuals.scholars, commentators, and public officials includingPresident Barack Obama and Attorney General Eric A recent study conducted at Texas A&M UniversityHolder, are now calling for a comprehensive review of“stand your ground,” expressing concerns about the found total homicide rates actually increased seven toefficacy of the law or whether it might in fact violate theU.S. Constitution’s guarantees of due process or equal nine percent (or 500 to 700 more homicides per year) inprotection. the 23 states that had enacted “stand your ground” lawsThe Fourteenth Amendmentspecifies that: by 2009. The “No State shall make or study also found enforce any law which shall abridge the privileges “stand your or immunities of citizens of the United States; nor ground” failed to shall any State deprive any person of life, liberty, or result in lower property, without due process of law; nor deny to rates of aggra- any person within its jurisdiction the equal vated assaults, protection of the laws.” residential bur-Florida’s Statute 776 s. 012 and s. 036 state the following,respectively: glaries or armed “A person is justified in the use of deadly force and robberies in any does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to of these 23 states. prevent imminent death or great bodily harm to himself or herself or another or to prevent the Attorney General imminent commission of a forcible felony…” Holder told the “A person who uses force as permitted in s. 776.012 … is justified in using such force and is immune annual gathering from criminal prosecution and civil action for the use of such force.” of the NAACP inFlorida legislators passed “stand your ground” because Orlando last month that “stand your ground” statutesthey argued that it was “necessary to restore the absoluterights of law-abiding people to protect themselves, their “undermine public safety” and “victimize too many whofamilies and others” from violent attack, whether insidetheir homes or any other place where they are lawfully are innocent. These laws try to fix something that waspresent, “without the fear of prosecution or civil action.”However, by removing the well-established common law never broken,” AG Holder added, suggesting that “stand your ground” does not in fact serve a legitimate governmental purpose or the public interest. Some critics of “stand your ground” also contend that the question of what constitutes “reasonable” fear is vague, and may differ significantly both during and after an inci- dent in which someone stands her ground rather than re- treats. A vague statute which opens itself to arbitrary interpretation and enforcement can deprive a person of due process. Coates v. Cincinnati, 402 U.S. 611 (1971). In Coates, the Supreme Court struck down a Cincinnati ordinance that restricted the right of assembly, finding it \"unconstitutionally vague because it subjects the exercise of (this right) to an unascertainable standard.” Many of the current “stand your ground” statutes may be similarly vague because perceptions of what constitutes “reasonable belief,” “imminent death or great bodily (Continued on page 14)6

VOL. 9 NO. 1 THE PRECEDENTTo Our New Students CAREER SERVICESBy Pamela Davidson, Director of Career Services So let’s get started! Career Services has developed semester-by-semester checklists to keep you on track. Welcome and congratulations! You have made it into Building on each semester’s successes and law school. Now you can just sit back and relax for the achievements, you will obtain the necessary experience next three or four years until you pass the Bar exam, during law school to prepare for your long-term career right? goals. These checklists are included in this article and are also available on the Western State website under Not a chance - why wait? The foundation for a Career Development > Students > Career Services successful career starts in law school. By investing small ( pockets of time each semester, you will leave law school with: We are a resource dedicated to helping you in any way possible. If I can be of assistance, contact me at ! A professional and well-developed resume [email protected] or call 714.459.1106, send an reflecting your experience and practical skills InMail through LinkedIn, or just stop by the office to schedule an appointment (main building, second floor ! A broad network of professional contacts located in Student Services). I look forward to the ! Practical legal experience gained through work opportunity to work with you to identify, meet and exceed your career goals! experience, externships or clinics ! Experience using marketing tools such as LinkedIn ! Resources to create lists of potential employers1L Career Development PlanFirst Semester \" Check new job listings on Symplicity for employment and internship opportunities.\" Link your student e-mail account to your cell phone and primary e-mail account. \" Visit the Career Services library (ground floor, Main Library) for some great job search resources.\" Become familiar with student communication channels (Symplicity, Banner, TWEN). January and February\" Attend at least one student organization event. \" Considering an externship or clinic experience?\" Attend at least one presentation offered by Career Make an appointment to review requirements. Services. \" Set up job alerts\" After October 15, schedule your appointment on and other websites to receive to meet with Career Services to: notices of job openings. ! Register for Symplicity (Western State’s \" Coordinate with a faculty member to career database). create an exceptional ! Have your resume reviewed and certified writing sample \" Start preparing for use on Symplicity. your reference list. Need ! Plan long-term career goals. help? Ask Career Services for a sample template.Winter Break \" Attend a job fair. \" Plan your 2L curriculum with career goals in mind.\" Update your resume (ask Career Services for the sample template to get started). (Continued on page 10)\" Develop your LinkedIn profile with educational information and accomplishments.\" Start target list of possible areas of practice, law firms and organizations to explore. 7

For past issues of The Precedent, please visit:

THE PRECEDENT VOL. 9 NO. 1Honor & Beyond @ WSCL NOTABLE ACHIEVEMENTSBy Tonya Anderson Spring 2013 Witkin Awards The Witkin Award is given to the student with the highest score in the class. Ties are not allowed according to Witkin’s rules. If two or more students achieve the same score, the award goes to the person who received the highest score on the midterm or participated the most in class activities, depending on the circumstances involved. (The list below may not be complete because some students have requested a privacy hold on their records).Advising Entreprenuers: Jacqueline Salazar; Arbitration: Jeffrey Smetana; Bankruptcy: Justin Morrison; BusinessAssociations: Sarah Moore; Business Law Ethics: Sabrina Narain; Civil Procedure II: Steven Kruid, Angelina Lerma,Brandon Powell, Matthew Razo; Constitutional Law II: Justin Morrison, Sabrina Narain; Contracts I: Larrissa Parker;Contracts II: Kaitlyn Daley, Michiyuki Kono, Stephanie Mavromatis; Criminal Law: Larissa Parker; Ethical & MoralProblems for New Lawyers: Sabrina Narain; Evidence: Ginger Riley, Milana Shenderovich; Externship Seminar –Civil: Natalie Stephan; Federal Income Taxation: Evan Gautier; Financial Principles: Justin Morrison; Intro. to LegalMethods: Lawrence Hudack; Law of Vice: Gerald Clift; Legal Writing & Research I: Meir Djaldety; Legal Writing& Research II: Marta Bachynska, Madison Burga, Giselle Garcia, Michael Gazell, Gabrielle Ibrahim, Erin McGilligan,Jacob Menicucci, Kylie Starr; Mediation: David Barnett; Pre-Trial Litigation - Criminal: Katrina Newcomb;Principles of Agency & Partnership: Kaitlyn Daley, Michiyuki Kono, Andra Maples; Property I: Steven Bell,Brandon Koller; Property II: Megan Chanda, Joseph Chaparo, Kiran Dhillon, Maya Mouawad; Remedies: StevenStrobel; Secured Transactions: Steven Giammichele; Solving Legal Problems: Kristian Moriarty; Torts II: MadisonBurga, Xing Fang, Michiyuki Kono, Maya Mouawad; Trial Practice: Kathleen McHale, Ryan Stewart; Wills andTrusts Drafting: Nadia Imtanes.Non-traditional Student Going the DistanceAfter establishing himself in a successful career in the electronics distribution industry andsending his children and his girlfriend’s children off to college to pursue their futurecareers, Mike Zatlin decided to go back to school. Mike says he chose Western Statebecause of its ABA accreditation, high bar pass rate, and reputation for havingdistinguished and accessible faculty with real world experience. Mike is a part-timeevening student and will be in his third year this Fall 2013.Despite the hour and half commute from his home and job in North San Diego County,Mike has managed to consistently be on the Dean’s Honor Roll. Mike also made LawReview and participated in Moot Court.While not having settled on an area of law he likes the best, Mike is planning to apply for Mike Zatlinexternships to get practical experience during his final year at WSCL. His advice forstudents who are struggling is to find balance in their work, school, and home lives andnot be afraid to depend on other people.Mike sees himself possibly practicing business, real estate, or probate law, or having a civil practice that litigatespersonal injury cases or other torts. No matter what area of law Mike chooses, his clients will surely benefit from havinga hardworking, dedicated, and intelligent attorney on their side. You can nominate yourself or a student, administrator, staff, faculty member or alumnus to be highlighted in the “Honor & Beyond @ WSCL” column, which features notable achievements within the WSCL community. Please email your request to [email protected] Please include the following: your name and contact information; the nominee’s name and contact information; and the reason for the nomination.8

VOL. 9 NO. 1 THE PRECEDENTJournal Clerk: An Externship Experience – Part IBy McCall MillerThe legislative process is something we learned about in If it weren’t for the excellent LexisNexis and Westlawschool our entire lives. We had Social Studies, Political training, I don’t know if I would have been asScience and, of course, our Constitutional Law efficient. Having this knowledge, I was utilized by someclasses. A basic understanding of the process was gained legislators for their research. One bill involved thethrough these classes,but nothing compared Commerce Clause and what personalto what I was able to information could be released by thelearn by witnessing it Department of Motor Vehicles. Afterfirsthand. I was part taking Constitutional Law I at Westernof the process; part of State, I felt very confident with my workthe state’s develop- (big thanks to Professor Sobel).ment; part of makinghistory. I wasn’t just I was very intimidated by the legislatorssitting on the side- when I first started working here. I waslines taking notes. I afraid they’d be demanding, arrogant, andworked at the Nevada even mean, but I had nothing toState Legislature as fear. Nearly all of the legislators are very hard workers and spent countless hours at the building learning and preparing billsthe Journal Clerk for McCall Miller on the Assembly Floor of the Nevada State for legislation. Many had to leave theirthe Assembly during Legislature during her externship homes and families in southern Nevada tothe 2013 spring come up to Carson City and work forsemester, and even though I missed my classmates, I am these six months, but there were no complaints about thevery happy with my decision. sacrifices they were making. Many have wonderful personalities as well. There was always a friendly helloAs the Journal Clerk, my job was to keep the official and a joke to be delivered when we crossed paths, andrecord of what occurred on the Assembly Floor of the they seemed genuinely interested in what you had toNevada State Legislature. It was such a privilege to have say. I have seen the legislators do some country line-that position. I had the opportunity to be there for every dancing, sing karaoke, spill on themselves at dinner andbill reading, debate, vote, bill passage, and even expul- laugh about it, and I even had the privilege of playing insion. I was initially quite nervous to bear witness to all an Assembly v. Senate softball game with everyone – theof this. I wasn’t sure how well the “As the Journal Clerk, my job was Assembly was victorious ofassemblymen were going to work with each course! Yes, theother across the aisle - I didn’t want to to keep the official record of what Assemblymen and Senatorswitness any Democratic v. Republican brawl. occurred on the Assembly Floor of did have some diva moments,However, I found most legislators were more the Nevada State Legislature.” but they are like anyone elseconcerned with working together to improve you meet. It was nice gettingthe state rather than pushing their own party’s issues to know who they are, rather than only knowing them forforward. There were, naturally, some political games what they stand for at the Legislature.that were played. A bill would be “held hostage” until PART II will be published in the next issue of Thevotes were agreed upon. Some bills were killed if Precedentleadership didn’t approve. Overall though, problems werediscussed effectively due to the camaraderie among theAssembly members. ______________________________________________Journal Clerk wasn’t my only job at the Legislature. I had McCall Miller is a 2L Part-time Evening Student. She isthe opportunity to put the skills I learned at Western State also the Documentarian/Photographer of The use through research on different bills and bill drafts. 9

THE PRECEDENT VOL. 9 NO. 1Top 4 Reasons to Attend Western State College of Law1. Reputation the start of law school through preparation for the bar exam.Western State College of Law’s 11,000 graduates havedistinguished themselves as judges, lawmakers, district 3. Great Learning Environmentattorneys, public defenders, civil practitioners, and acrossthe spectrum of business enterprise. Alumni are a driving Accessible faculty, small classes, diverse community,force behind our good career placement record and the highly supportive atmosphere, and personal attentionmany externship and practical opportunities available to help law students succeed. A private law school withour students. Our graduates enter the work force well about 500 students but strong alumni base and ties to theprepared and well connected. legal community, Western State emphasizes rigorous academics, building practical skills, and making2. Accomplished Faculty professional contacts throughout law school.Professors are teaching oriented, encourage an open door 4. High Bar Pass Ratepolicy, and have practice experience as well asoutstanding academic credentials. The student/faculty WSCL graduates passed the CA bar at rates comparableratio is less than 20 to 1, so there is ample opportunity for to the most prestigious law schools in the state: Julyindividual help and feedback. The S.T.E.L.L.A.R. 2011 – 77%; February 2012 – 92%; July 2012 – 79%;Academic Success program provides support from before February 2013 – 89%. Professor Stephen Chavez answering a student’s questions1L Check List (Continued from page 7) Summer MonthsMarch and April \" Update your resume with new coursework, awards, class rank, and student organizations.\" Attend one (or more!) networking events with local county Bar associations. \" Update your LinkedIn profile and add 50 new connections.\" If you are interested in public service positions, register with PSLawNet ( \" Check to make sure that your online social network pages (Facebook, Twitter) and voicemail greetings\" Prepare your interview outfit: professional business are employer-ready and employer-appropriate. suit, shoes, and accessories. \" Check out new resources available in the Career\" Order business cards through the SBA (check your Services library (ground floor, Main Library). e-mail for announcements). \" Continue checking Symplicity! New job postings\" Consider joining a local Bar association and plan to continue through the summer months. attend one event over the summer. 2L and 3L Check Lists will be published in future10 issues of The Precedent.

VOL. 9 NO. 1 THE PRECEDENTStudent Bar Association Officers 2013-2014 President Vice President TreasurerTATIANA YOKOYAMA CAREN SEENAUTH HEATHER GRUMBINE Parliamentarian Secretary Chief Communications OfficerANTHONY FRANZETTI AIDA KHAMIS KEVIN KHOA NGUYEN Building Chair Career Services Chair Diversity ChairDAVID BARNETT STEVE GIAMMICHELE HEATH DURBINFaculty/Administration Chair Graduation Chair Internal Director DEANA KAPELNIKOV JESSICA DELLER MARC GRISMER Social Chair Student Organization CouncilCHRISTA COLLINS YVONNE RANSOM 11

THE PRECEDENT VOL. 9 NO. 1 NUMBERS Admissions QUICK FACTS are worth a thousand words Fall 2012 Entering Class Profile 60: Applicants: 1,407 Enrolled: 140 GPA Range: 2.0 to 4.0 Percent of graduates from a Median GPA: 3.13 25% GPA: 2.84 75% GPA: 3.36 California ABA-accreditedschool who passed the February Median LSAT: 151 25% LSAT: 149 75% LSAT: 155 2013 CA General Bar Exam Gender: 50% Male 50% Female on their first try Average Age: 27 Age Range: 21-57 49: Minority Students: 37.5%Percent of graduates from an out- (4% African American; 13.5% Asian; 18% Hispanic; 2% Native American) of-state ABA-accredited school who passed it on their first try Colleges: students came from 56 different Undergraduate institutions in 20 states. 88.9: Faculty: 28 full-time, 15 women and 8 minority on full-time faculty; approximately 34 Adjunct Professors; the student/faculty ratio is under 20 to 1.Percent of WSCL graduates who passed the February 2013 exam Program of study: Full-time (3 years), Part-time (4 years), Full-time Accelerated (2.5 years) on their first try Rolling Admissions: applications are reviewed on a rolling basis until the class is full. For more details, please call the Admissions Department at (714) 738-1000.Expensive Barbie LEGALLY FUNNYA man was driving home one evening and realized that it was hisdaughter's birthday and he hadn't bought her a present. He drove to themall and ran to the toy store and asked the store manager: \"How much isthat new Barbie in the window?” \"Which one?” asked the manager “Wehave 'Barbie goes to the gym' for $19.95… 'Barbie goes to the Ball' for$19.95… 'Barbie goes shopping' for $19.95… 'Barbie goes to the beach'for $19.95... 'Barbie goes to the Nightclub' for $19.95… and 'DivorcedBarbie' for $375.00.\" \"Why is the Divorced Barbie $375.00, when all theothers are $19.95?” the man asked, to which the store manager replied:\"Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken'sdog, Ken's cat and Ken's furniture.\" The Precedent welcomes your writing contributions and letters. Please send them to: [email protected] Please also include your name and contact information. All writing contributions are subject to periodic drawings for cash and great prizes throughout the school year. The more contributions you make, the greater your chance of winning.12

VOL. 9 NO. 1 THE PRECEDENTCA Bar Question LEGAL EDUCATIONBelow is an actual question from the California Bar Exam. Please find the answer online at: (July 2011 - Selected Answers)Vicky operates a successful retail computer sales business out of the garage of her house. Vicky told Dan that sheintended to go on vacation some days later. Dan subsequently informed Eric of Vicky’s intended vacation and of his planto take all of her computers while she was away. Eric told Dan that he wanted nothing to do with taking the computers,but that Dan could borrow his pickup truck if Dan needed it to carry the computers away.While Vicky was scheduled to be away on vacation, Dan borrowed Eric’s pickup truck. Late that night, Dan drove thetruck over to Vicky’s house. When he arrived, he went into the garage by pushing a partially open side door all the wayopen. Vicky, who had returned home early from her vacation, was awakened by noise in her garage, opened the doorconnecting the garage to the house, and stepped into the garage. When she saw Dan loading computers into the back ofthe truck, she stepped between Dan and the truck and yelled, “Stop, thief!”Dan pushed Vicky out of the way, ran to the truck, and drove off. He immediately went to Fred’s house where he toldFred what had happened. In exchange for two of the computers, Fred allowed Dan to hide the truck behind Fred’s house.What crimes, if any, have Dan, Eric, and/or Fred committed? Discuss. Marriage Equality (Continued from page 5)Contact WSCL Student Services Court decision that invalidated enforcement of the Proposition 8to purchase tickets: 714-738-1000 Proposition 8. Only the official initiative. proponents of the initiative sought appeal. Citing Arizonans for Official Wedding Cakes Stand Tall Where English v. Arizona, Chief Justice Proposition 8 Proponents Lacked Roberts emphasized that “standing Standing ‘must be met by persons seeking appellate review, just as it must be On June 28, 2013, the stay on the met by persons appearing in courts injunction that prohibited state officials of first instance.’” In this case, the from enforcing Proposition 8 was lifted, official proponents of Proposition 8 and same-sex marriages resumed in were unable to persuade the court California. Adam Polaski of that they had a “direct stake” in the notes that with outcome of their appeal. restoration of freedom to marry in California, “nearly one third of the U.S. Although official proponents had population - more than 93 million been permitted to intervene at the Americans - will live in a state where District Court level to protect the same-sex couples can marry.” As for enactment of Proposition 8, the wedding cake bakers in California, it opinion by Chief Justice Roberts was as if the Court issued the edict: “Let addressed the fact that at the them eat cake!” Wedding cake, that is! appellate level, enforcement rather than enactment was at issue. The Barbie Breeden is a 3L Full-time student court ultimately found that the and Staff Writer of The Precedent. appellants had no “judicially cognizable interest” in defending 13

VOL. 9 NO. 1, AUGUST 2013 A Monthly Publication of the Western State College of Law Student Bar Association“Stand Your Ground” Please contribute your thoughts and analysis to The Precedent by emailing them to:(Continued from page 6) [email protected] All written contributions are subject to periodic drawings for cash or other greatharm,” or other similar terms vary among people and situa- prizes throughout the school year. The moretions, yet these statutes generally lack specific wordingclarifying such terms. contributions you make, the greater your chance of winning.Next, the legal application of “stand your ground” may beunequal based on factors such as race, ethnicity, or national Call: (714) 738-1000origin. This can result in a denial of the constitutionallyguaranteed equal protection rights of individuals or groups,or an array of related civil rights violations.Finally, because “stand your ground” may allow for civil orcriminal immunity, victims can lose their opportunity tosue for damages or see those who injured them prosecutedby the government. This may result in a deprivation of theprocedural due process right to have their “day in court.”What is your view of the various “stand your ground”-typelaws now in effect in 26 states in the U.S.? Do you believethese laws might violate rights to due process or equalprotection, or are they a legitimate and wise response toviolent criminal behavior? Do you have any predictions ofwhat the near future might hold for “stand your ground”?1111 South State College Blvd.Fullerton, CA 92831

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