The Jeffersonian

Super Bowl XLVI (46) was a closely fought game between the New York Giants and the New England Patriots.  Saving readers an exhaustive recap on the football game, here are some fascinating, some outright shocking facts related to the Super Bowl experience.

• NBC has announced the average T.V. ad price- $3.5 million per 30-second spot, $100k per second.

• The average ticket to attend Super Bowl 46 was $4,000.

• During the game, Americans were expected to consume 1.25 billion chicken wings (100 million pounds) which is five percent of the total expected chicken wing consumption for all of 2012, according to the National Chicken Council.

• Eight million pounds of popcorn to be consumed, 28 million pounds of potato chips, 26 million avocados and 49 million cases of beer.

• The NFL does not award a stadium to host the Super Bowl if the city has an average temperature below 50 degrees on the game-day date, unless in a dome or stadium with a retractable roof.

• 26 of 45 Super Bowls have been played in Miami, Los Angeles and New Orleans.

• On average, six percent of the U.S. workforce are expectd to call out the Monday following the Super Bowl. Unfortunately, classes at the law school were held as usual.

One of the greatest achievements a student can obtain in law school, or any sort of educational institute for that matter, is scholarly publication.  A well-written article or Note impresses potential employers, can be cited in an annotation or legal encyclopedia, or may even get cited in a Supreme Court opinion.  Student scholarship is a demonstration of a student’s ability to master complex concepts and discuss them in an interesting new light.  Students who are published demonstrate to their respective professional communities they are competent and that they can contribute to the progress of their field.  Good scholarship is one way a student can help shape the law.

With that said publishing a scholarly work takes serious time and effort and will likely saturate your life for a good period of time.  Forget about free time for a while.  You will be fussing over commas and spending hours trying to get a sentence perfect.  After all, once a work is published, it is out there for everybody to see.  A published work must be polished, intelligent and most importantly, logically sound.  If shaping the law is what you are after, a poorly written work can be the antithesis of what you are trying to achieve.  A bad argument on your part can easily be cited to show why your position is wrong. 

The students chosen to be published in the Thomas Jefferson Law Review (TJLR) go through a grueling process to ensure their Notes are something of which they can be proud of.  The process takes almost an entire academic year and requires nearly constant focus. 

The Notes published in TJLR are typically selected from a group of Notes written by TJLR’s Staff Associates every semester.  Staff Associates must write a Note of “publishable quality” to be formally invited to join the Editorial Board of TJLR.  Writing a Note is a semester long process that requires surviving a thesis defense in front of the Managing Board of TJLR, eight written submissions, and incorporating four rounds of edits from two editors.  Writing a Note is difficult in itself.  For students who are chosen to publish, this is just the beginning.

Once a student is chosen to be published based on their Note, more editing and revision begins.  This time, the timeframe is truncated.  Generally, a publication editor will edit the document and make significant large-scale edits, such as organization.  It is also not unusual to ask the writer to incorporate more research or ask for an entire new section to be added.  The writer will typically have less than a week to incorporate these edits.  This can mean round the clock work by the writer to get it done.  The writer then sends the Note back to the editor, only to have it returned several days later with many more new edits to incorporate. This goes on four or five times until the work is close to a finished product. 

If the writing and editing wasn’t difficult enough, every source cited in the Note must be “source checked.”  Source checking is primarily due diligence on the part of TJLR and requires every source to be found in hard copy, photocopied, including book cover, spine, and title page, and finally archived in a binder.  Source checking the hundreds of footnotes in a Note can take hours upon hours and is probably the last thing any author wants to do after spending all that time writing.  Fortunately, it is the last major hurdle over which the author must conquer. 

TJLR is not the only avenue for a TJSL student to publish.  Many ways of getting published exist.  There are even services, such as ExpressO, that will submit your written work to almost any law review and journal out there for $2.20 per submission.  LexOpus will submit your work to any of their participating journals for free.  Being a published student is really a rewarding experience.  Apart from being able to provide your own Lexis or Westlaw citation on your resume, it can define you as a professional and make you stand out in your field of legal expertise.

At the end of a long day of studying Evidence in July 2010, I got up from my favorite study chair to go to bed.   I had been comfortable on my cushy chair with my feet up on the ottoman, the soft blanket on my lap, cat snuggling with me as I read case after case and tried to draw out the rules.  But when I stood up, I felt like my ribs had been kicked in and replaced with broken glass.  I tried to take a deep breath, and it didn’t come easily.  Sadly, but also fortunately, I recognized this sensation.  I was experiencing my second pulmonary embolism.  A trip to the Kaiser emergency room confirmed that multiple blood clots had broken off and made their way to both sides of my lungs.  I was immediately hospitalized and stayed there for nearly a week. 

“As a cause of sudden death, massive pulmonary embolism is second only to sudden cardiac death.”  E-medicine. 

So what are blood clots (also known as a thrombus) and pulmonary embolisms? 

The source of pulmonary embolisms (P.E.) is almost always a DVT (deep vein thrombosis, or blood clot in a main vein in your body).  DVT affects an estimated 2 million Americans each year. Up to 600,000 people are hospitalized and approximately 300,000 Americans die each year from DVT-related PE in the U.S.—that’s more than AIDS and breast cancer combined.   There are so many reasons for blood clots to form that the medical profession has admittedly not even identified them all.  The most common cause is inactivity, which is where the term “economy class syndrome” came from.  If you’ve travelled internationally, you’ve probably been told to make sure to get up and move around on your long flight.  Another common cause of clots is when patients are hospitalized for a long time or are immobilized for any other reason.  Blood pools in the major blood vessels, and forms a clot.  But even without those extreme environments, there are many other contributing factors.  They include (but are not limited to): 

• Birth control pills or any kind of hormone replacement therapy • Smoking • being overweight • Any kind of trauma to your body • Surgery • Cancer • Pregnancy • Prolonged inactivity

This last one is the one that can get us, as law students, in trouble.  It’s so easy to get wrapped up in our studies – especially during final exams and while studying for the bar.  Before you know it, a couple of hours may have passed without you moving from your chair.  This is the kind of inactivity that puts you at risk of developing a blood clot. 

How do you know if you have a DVT?

Symptoms of DVT are usually located in the patient’s leg.  They may include: 

• Pain • Swelling • Tenderness • Discoloration or redness of the affected area • Skin that is warm to the touch

Left untreated, the clot will either continue to grow, or break off into pieces.  Once the blood clot travels through the bloodstream and lodges in the pulmonary arteries, you are at risk of losing oxygenated blood flow to your heart.  That’s called a pulmonary embolism.  Blood clots can also travel to your brain, causing a stroke. While often fatal, these don’t have to be if caught and treated quickly. 

In my case, and in the case of the late David Bloom, the NBC embedded reporter during the Iraq war, we have a genetic mutation called Factor V Leiden, which makes us more prone to clotting.   Again, there are many of these genetic mutations being discovered all the time.  For both David and me, an additional contributing factor was necessary to cause a clot.  For me, it was the long term use of birth control pills (hormones).  For him, it was being immobile in a tank in the middle of the Iraqi desert.  The night before David Bloom died; he talked to his wife Melody by satellite phone while on top of the tank.  She could hear the whiz of bullets above, and asked him why he was outside the tank, putting himself in danger?  He responded that he had been suffering from a bad muscle cramp in his calf and just couldn’t take it anymore.  That muscle cramp turned out to be a DVT.  It went untreated, traveled to his lungs, and caused a pulmonary embolism that killed him. Sadly, David Bloom died at age 39, and left behind his wife of 13 years and three beautiful daughters.  So I feel incredibly fortunate to have survived a P.E. not just once, but twice.  While law school is hard work, I’m grateful to be able to attend.

How can you prevent DVT’s and pulmonary emboli?

• Stay hydrated • Stay active • Know your family history.  If someone in your family has experienced a DVT or pulmonary embolism, or stroke, get tested for genetic conditions that may have been the cause.  Factor V Leiden is inherited from one or both parents.  Knowing if you have it will give you the information you need to adjust your lifestyle • Quit smoking • Avoid hormones or birth control pills if you can

For more information about DVTs, please see http://www.preventdvt.org 

March is DVT Awareness month, but I intentionally published this article early for the benefit of those studying for the February bar exam.

[Editor's Note:  This article contained footnotes that could not be preserved.  Please email thejeffersonian@tjsl.edu for an original copy of the article.   The following sources were cited:  

-http://ehealthmd.com

-Gerotziafas GT, Samama MM. Prophylaxis of venous thromboembolism medical patients. CurrOpin PulmMed. 2004; 10:356-365. -American Public Health Association. Presented at: Public Health Leadership Conference on Deep-Vein Thrombosis: February 26, 2003: Washington, D.C. White Paper.

-“Media Mix” article published 3/6/2006 by Peter Johnson, USA Today]

January 23rd was the 39th anniversary of the Supreme Court of the United State'’s decision in Roe v. Wade, where the Court ruled that the right of privacy found under Fourteenth Amendment applies to a woman's decision to have an abortion.  This landmark ruling was seen as supporting women’s autonomy in exercising reproductive rights. To mark this anniversary, here is a sampling of recent news concerning reproductive rights:

• Under the Obama Administration’s Affordable Care Act, employers that provide health insurance must include coverage for contraceptives in the insurance they provide to their employees. The requirement also applies to faith-based employers. Unless one works directly for a church or religious institution, one is now entitled to access preventative services. Thus, women that work for faith-based organizations, such as Catholic schools or hospitals, will be provided with coverage for birth control.

• Abortion takes the spotlight during an early part of the election year as “Personhood” proposals—measures that define human life as beginning with fertilization and are intended to ban virtually all abortions—enter the ballots in 12 states.

• The Fifth Circuit Court of Appeals in Texas held that the controversial mandatory sonogram law will remain enforceable.  The court decided that the law’s required disclosures were the best source of information for women seeking abortion. This sonogram law mandates that doctors offer pictures, audio of the heartbeat, and a lengthy verbal description of the fetus to women seeking abortion-providers. Patients may opt out of the visual and audio components, but are required to listen to the doctor’s verbal description unless the patients are victims of rape or incest.

TEHRAN – On January 11th, two assailants on a motorcycle pull up along side a car, attach a magnetic bomb, and speed away.  BOOM!  That bomb killed Mostafa Ahmadi Roshan, as well as his driver.  Roshan was the director of the Natanz Uranium Enrichment Facility in central Iran.  He specialized in making polymeric membranes to separate gases during the enrichment process.  Roshan was the fourth Iranian scientist to be killed under similar circumstances in the past two years alone.  Coincidence?

Who would have the motive and capability to pull of these highly sophisticated assassinations?  Of course the usual suspects come to mind: Arnold, Tom Cruise, or maybe Chuck.  Iranian government officials immediately condemned the attack, blaming the U.S., U.K., and Israel in particular.  A former U.S. official said the magnetic-bomb attack bore the hallmarks of an Israeli hit. 

“I want to categorically deny any United States involvement in any kind of act of violence inside Iran,” said Secretary of State Hillary Clinton following news of the attack.  “We believe there has to be an understanding between Iran, its neighbors and the international community that finds a way forward for it to end its provocative behavior, end its search for nuclear weapons and rejoin the international community…”

Mohammad Khazaee, Iran’s ambassador to the U.N., called for international condemnation of the attacks. "There is firm evidence that certain foreign quarters are behind such assassinations,” wrote Khazaee to the U.N. Secretary General.  “As has been claimed by these circles, such terrorist acts have been carried out as part of the efforts to disrupt Iran's peaceful nuclear program, under the false assumption that diplomacy alone would not be enough for that purpose."

Former CIA agent Mike Baker doubted direct U.S. involvement in the attack during a recent interview on Fox News Channel.  Baker cited that such an operation could take 30 agents on the ground in Tehran to support, and that such a risky undertaking was unlikely.

It is difficult to ignore that such a covert act fits well within the Obama Administration’s strategy of increased dependence on Special Operations Forces, and less on large-scale conventional ground forces.  Having killed several high value targets in Iraq, Afghanistan, Pakistan and Yemen by way of small, surgical drone and troop strikes—President Obama has shown a preference towards smaller, more covert missions.  If these attacks truly are part of a U.S. strategy, it could indicate that Iranian scientists are closer to a nuclear weapon than previously believed.

The debate surrounding how best to contain Iran’s nuclear ambitions has been gaining more attention, as the rogue nation’s leadership remains unapologetically defiant.  There is much disagreement in political and military circles as to just how close Iran is developing a nuclear weapon.  During a recent Republican presidential debate, Representatives Michelle Bachmann (R-MN) and Ron Paul (R-TX) had a fiery exchange over their differences in interpretation regarding an IAEA report on Iran’s nuclear activities.  Some in Washington and within the Pentagon believe Iran is on the verge of becoming a nuclear power, while others remain skeptical.  Politicians remain hesitant to raddle their sabers in front of a war-weary American electorate that is still distrustful of warnings reminiscent of a not-so-old tale of WMD’s somewhere in Iraq…

My best description of this restaurant can be contained in one word: masculine. Tractor Room, located on 5th Avenue and Pennsylvania in Hillcrest, has long been one of my very favorite San Diego restaurants. Driving past it, you can’t help but notice the actual tractor sitting out front, and the byline ‘Honest Cocktails and Meats.’ If that doesn’t immediately sell you, you probably shouldn’t eat here.

The décor is like that of an old hunting lodge, with animal antler chandeliers and cowhide covered bar chairs. Most meals arrive in heavy black skillets, taking one back to the days of log cabins and self sustaining lifestyles.

The initial purview of the menu reveals what the byline promises: almost every kind of meat you can think of. From crispy elk sausage ravioli to braised buffalo over waffles fries (with a thick layer of smoked Wisconsin cheddar cheese adorning the top, of course), to sage duck breast skewer or boar stew, there is something for every meat eating enthusiast. Prefer fish or vegetables? Worry not; they have a few of those options too.

The appetizer list is extensive, but my favorite choices are the braised buffalo fries mentioned above, and the black skillet cornbread. The braised buffalo is tender and pulled, and for those inexperienced with ‘other’ meats, in my opinion, it tastes very similar to a brisket. The buffalo is strewn over crispy waffle cut fries, and a thick layer of smoked cheddar cheese is draped over the top. Served in a black skillet, of course, it looks like a beast to tackle. But just grab a fork, pierce through the cheese and enjoy one of the most amazing appetizers I’ve ever dreamed of. The cornbread, served in a skillet as well, is always done right. A bit of a crispy layer on top, buttery and sprinkled with kernels of corn throughout, you can’t help but sneak bites of it throughout your meal.

The entrees continue the theme of ‘meat based amazing.’ There are four different burger options: beef, lamb, braised buffalo and free range buffalo. I’ve always opted for the traditional beef burger, but there is nothing boring about this meal. With a thick layer of smoked mozzarella cheese and crispy smoked bacon atop, and more waffles fries than you can usually get through, it is everything you want and more. Other succulent menu options include spicy chipotle chicken breasts, and chipotle charred tomato pork ribs. A lot of the entrees do include the ‘Tractor Room Style’ demi-glace and charred tomato accompaniment, and it is heavenly.

But there is always room for more food, especially if it involves cheese or potatoes! Last but certainly not least, are the entrée accompanying sides. The entrees are a generous serving size in themselves, but I’ll warn against skipping the decadent sides! If you love the theme of smoked cheddar cheese, order the smoked Wisconsin cheddar mac and cheese or the au gratin potatoes; both are made in the same manner (one with macaroni and one with potatoes) and both are packed full of flavor. My second favorite would be the heavy cream mashed potatoes with batch gravy. They’re creamy, full of butter and the gravy is just right—not too heavy, not too thin.

I know you’re probably full just thinking about what a satisfying meal is to be had at Tractor Room, but don’t neglect the cocktails! The cocktail menu includes a sampling of specialty cocktails along one side, with the rest of the cocktails divided by your liquor of choice. Is rum your preferred libation? Try the Prohibition Punch, a tropical tasting cocktail with a floater of Sailor Jerry. Gin more your style? Try the Punch in the Eye, a light and refreshing option with a dash of Cointreau, grapefruit and lime juice. Looking for something even more indulgent? Try the chocolate themed cocktail pictured for dessert. Believe me, there’s something for everyone- including beer and wine options as well.

If you are hungry and dying for a drink just reading this, you’ve got to try this restaurant immediately. While not expensive, Tractor Room isn’t a super cheap eat either. Entrees range around $15 and $35, and appetizers between $5 and $15. It is a busy joint on the weekends, so I suggest making reservations a few days ahead of time. But if you dine early (at 5 or 6pm) and on a weeknight, you may just be in luck to grab a table. Enjoy!

T-minus 11 months and counting- and the pundits are pulling their hair out, still unsure of which GOP candidate will emerge to challenge President Obama next November.  Even former Bush strategist Karl Rove can’t predict this one, as his muddled crystal ball (powered by either good or evil- you decide) has yet to predict the primary winner.  Another 14 grueling primary debates are on the horizon, and there is no telling who may come out on top with a fickle electorate that is more cynical than ever.  Enter Herman Cain.

If you haven’t followed politics because you’re still upset about Webster’s unsuccessful bid for governor of CA, or Levi Johnston’s failure to capture the Wisalia, AK mayoral seat, then it’s time to take a ride on the Cain Train.  There’s only one problem: who is Herman Cain?  Looking back towards the end of September, Cain was averaging five percent support for the Republican nomination- well behind front-runners Perry (27%) and Romney (21%).  As of October 26, Cain is leading all Republicans at 25%, including a slim 1-point lead over Gov. Romney and a commanding 14-point lead over Gov. Perry.  So what is behind this little-known candidate’s meteoric rise to the top?

Having never held political office, Herman Cain is running as the alternative to the more “conventional” candidates in a GOP race otherwise consisting of current and former politicians.  When asked during a debate about his lack of political experience, Cain pointed out the gridlock in Washington amongst career politicians and asked “How’s that working for you?”  His smooth debate style, sense of humor, southern drawl and simplistic approach has been drawing in conservatives like a magnet.  But are his solutions too simplistic?  Cain was the among the first of the candidates to introduce a radical new plan to replace the current tax structure, which he calls his “9-9-9 Plan.”  Basically, under Cain’s plan there would a 9% business flat tax, a 9% personal income tax, and a new 9% national sales tax. 

The 9-9-9 Plan was simple, bold, and attacked almost immediately by republicans and democrats alike.  Conservatives hate the idea of a new national sales tax, fearing that a Liberal congress could raise it higher than 9% in the future.  Progressives attacked the 9% personal income tax on the basis that nearly half of Americans do not currently pay any income tax, and that a hike certainly is not welcome in the current economic situation.

“His problem lies with his tax plan,” says David Gibbs, a 3L and registered Democrat.  “I don’t think republican primary voters are ready to pass a national sales tax, even if it means they only pay 9% personal and corporate rates.”

“Cain represents the businessman, non-politician, who identifies with not only small business owners, but their employees as well,” says Cameron Spencer, a 2L and president of the Jeffersonian Law Republicans.  “Americans are sick of one-word overarching goals like 'Change' or 'Hope;' they want a roadmap on how we are going to revive our economy. His 9-9-9 Plan is his biggest edge over the other candidates.”

Cain claims the plan will expand GDP by $2 Trillion, create 6 million new jobs, increase business investment by one third, and increase wages by 10%.

The month of October not only saw Cain’s numbers explode, but Gov. Perry’s number implode.  Perry’s fall from the top has many wondering if a similar fate is in store for Cain.  When Perry burst out on the scene in August, he had a record, name recognition and a huge political war chest.  After a couple of dismal debate performances, coupled with remarks that made him appear to be soft on illegal immigration, Perry plummeted.  On the other hand, Cain has harnessed his “underdog” image and, through his economic plan and solid debate performances, managed to make his way from the bottom to the top of the national polls.

“I think that Herman Cain has risen in recent polls for several reasons,” said Gibbs.  “The rest of the field has a hard time when they are matched against the President in the general election, and primary voters want a candidate that can beat President Obama more than anything else.  Herman Cain is charismatic and socially conservative.  He is not an establishment candidate at a time when politicians are about as popular as a toothache.”

"Herman Cain's rise is indicative of the pulse of the nation,” added Spencer.  “He has also served as the non-Romney candidate. People who are not yet sure about Romney have been exploring a Cain presidency."

Herman Cain, 65, was born in Atlanta, GA to a housewife mother and a chauffeur/janitor father.  Cain made a name for himself while working for Pillsbury, where he rehabilitated a low performing chain of Burger King restaurants.  In 1988, Cain went on to become the CEO of Godfather’s Pizza, where he led the failing corporation to profitability within 14 months.  During the ‘90’s, Cain served as both the CEO of the National Restaurant Association, and the Chairman of the Board of Directors of the Federal Reserve Bank of Kansas City.  Cain has also served on the boards of Nabisco, Whirlpool, and Reader’s Digest among others.

As of October 26, Cain trails only Romney in 3 of the first 4 Republican primary states.  Cain has distinguished himself from Romney as the more socially and fiscally conservative candidate, however Republicans still seem unsure of how Cain would fair against President Obama- especially when compared to a well prepared and polished candidate in Mitt Romney.  Look for Cain to tout the simplicity of the 9-9-9 Plan, versus Romney’s 59-point economic plan.  Their next debate is on November 9th at Oakland University, in Gov. Romney’s home state of MI.  You can stream this, and all past debates at www.2012presidentialelectionnews.com.