On the Record

Back in September, I wrote about the University of Baltimore bringing back its long-forgotten alma mater. At the time, the only evidence of the song was a piece of paper from 1958 that included the alma mater and Auld Lang Syne.

The school’s archivists theorized the alma mater was sung as part of graduation programs, but were hoping alumni would come forward with additional information.

Bill Clift (Class of 1951) responded to inquiries with an answer. He checked his Reporter yearbook from 1951 and found two copies of the program from his senior banquet held in June of that year. The alma mater is part of the program, along with Auld Lang Syne. An insert with the program contained the words to both songs.

Both documents are now part of the university archives. So the only question that remains concerns the alma mater’s origins.

Incidentally, the university has also recently digitized all of its Reporter yearbooks, which were published between 1928 and 1975. The yearbooks were started by the first graduating law class.

On the Cover:  Welcome to the first Monday in October! This morning marks the Supreme Court debut of Maryland Attorney General Douglas F. Gansler and Assistant Public Defender Celia Anderson Davis, who will argue over a Hagerstown man’s child sex abuse conviction. The question is whether a request for counsel, years earlier, should have stopped police from questioning the suspect without a lawyer after they obtained additional information. Read the main story, some advice from Gansler’s predecessor, and a preview of the new term.

In the News: The Court of Appeals heard argument in a legal malpractice case that challenges the “case within a case” methodology … the ban on self-represented lawyers claiming attorneys’ fees applies even to bad faith or frivolous actions, the Court of Special Appeals holds … Maryland Legal Services Corp. renews its quest for a higher filing-fee surcharge … Sen. Ben Cardin finds a civil audience for his health-care talk at UB Law… and a former CBS Early Show personality appeals a ruling that knocked out his medical malpractice claim.

Also:

• Paul Tiburzi remembers the time he argued against the D.C. lawyer who went on to become Chief Justice of the United States;
• An Owings Mills man got a $588,000 verdict in his lawsuit against a home-improvement contracting firm, but will also seek to hold the contractor individually liable;
• Read the Week in Review and our Law Digest, this week with cases from the Court of Appeals, the 4th Circuit and the U.S. District Court for Maryland.

Sorry, University of Maryland and University of Baltimore law school students – you don’t have a shot of clerking for U.S. Supreme Court Justice Antonin Scalia.

An ABA Journal story about the composition of current and past clerks at the highest court in the land quotes Scalia telling an American University Washington College of Law student earlier this year she should look elsewhere for a clerkship: 

By and large, I’m going to be picking from the law schools that basically are the hardest to get into. They admit the best and the brightest, and they may not teach very well, but you can’t make a sow’s ear out of a silk purse. If they come in the best and the brightest, they’re probably going to leave the best and the brightest, OK?

(The real chutzpah of the quote is that Scalia said it on AU’s campus after being invited by the law school.)

For this upcoming term, the Harvards and Yales of the world still dominate the clerkships, although Justice Samuel A. Alito Jr. “caused a stir” by picking a Seton Hall alumnus as his one of his clerks, according to the story. The universities of Georgia and Texas and George Washington University are also represented this term.

One former justice who didn’t automatically gravitate to top-10 law schools was Byron White, who hired ”interesting people,” including a man who worked in a coal mine.

“Look, there are a hundred people a year that could to the job adequately,” the NFL-player-turned-justice told biographer Dennis Hutchinson. “I might as well have someone who’s interesting, and that doesn’t mean the ones that the fancy law profes­sors recommend.”

Both of Maryland’s law schools are located on campuses that are among the most dangerous in the country, according to a new ranking.

Both the University of Baltimore and the University of Maryland-Baltimore made The Daily Beast’s list of the 25 most dangerous colleges. In fact, UMB is the third most dangerous school in the country, according to this list. The rankings are based in part on crime data the schools are required to report to the federal government and in part on crime stats for the surrounding neighborhoods.

Maryland has the dubious distinction of having more schools on the list than any other state except Massachusetts. The other dangerous colleges in the Free State are University of Maryland-Eastern Shore and Bowie State University. Notably, the Johns Hopkins University is not on there.

No Maryland schools made The Daily Beast’s list of the 25 safest colleges.

Students at the “dangerous” Maryland schools: do the rankings ring true? Do you feel unsafe on campus?

(An aside: I’m proud that my alma mater didn’t make the list. To my dad, who was worried about me going there because of safety concerns: I told you so.)

HT: TaxProf Blog via Above the Law.   

ON THE COVER: Life after Law — You’ve earned your J.D., passed the bar and taken the oath. But now you realize you no longer want to practice law. Caryn Tamber spotlights lawyers who have chosen alternative careers.

A consumer, saying the Gateway computer he bought at Best Buy is defective,  challenges the arbitration clause in the manufacturer’s warranty — and wins in the Court of Special Appeals. Find out how in Danny Jacobs’ report on Barrington D. Henry v. Gateway Inc., et al.

In Breaking News, former Nigerian presidential candidate Godson M. Nnaka, a Baltimore lawyer, runs afoul of the Attorney Grievance Commission — but is nowhere to be found; and the Maryland Comptroller owes Lenox Inc. a refund of more than $280,000 on taxes the china company paid on a product-handling system at its Hagerstown facility.

Upper Marlboro lawyer Rick Jaklitsch presides over the Terrapin Club, the University of Maryland’s booster group that raises money and provides scholarships for the more than 700 student-athletes on the 27 varsity teams at College Park.

In Verdicts & Settlements, a toymaker settles with its founder’s Hunt Valley consulting company over fees and royalties.

Guest columnist Linda D. Schwartz provides advice on what to do upon receiving a letter from Bar Counsel.

Stay up-to-date with our Law Digest, which includes cases from the Maryland Court of Appeals and the U.S. District Court, Maryland.

The University of Maryland School of Law gives students a lot for their money, according to new rankings.

According to a “best value” list by The National Jurist magazine, the school ranks 48th in bang-for-your-buck. The publication assessed institutions based on tuition, bar pass rate and percentage of employed graduates. The schools on the list are, unsurprisingly, state schools.

Maryland’s value ranking more or less matches its U.S. News & World Report ranking, 43. What’s interesting is how many of the high-ranking value schools, such as 1st place North Carolina Central, 3rd place Nebraska and 5th place Mississippi, are in U.S. News’ third or fourth tier.

By the way, Maryland also makes the magazine’s list of the top schools for students who want to do public-interest work, as does the University of Baltimore School of Law. Maryland is 7 and Baltimore is 14. Neither school places on the list of law schools with the most diverse faculty.

HT: TaxProf Blog via ABA Journal.

They go to law school!

Us Weekly’s Web site reported actor Jerry O’Connell is starting law school, much like the incoming students I wrote about in Monday’s paper. And if you thought that was a shameless promotion, check out O’Connell’s fantastic quote on why he is going back to school at age 35. O’Connell is married to model-actress Rebecca Romijn and has twin daughters:

I had always planned on continuing my education at some point and because my wife is working on Eastwick, which is on Wednesday nights at 10 p.m. this fall, and I’m home all day with the girls, I figured I would take a couple of classes at night. It was either that or play video games until 2 a.m.

Incidentally, O’Connell is enrolled at Southwestern Law School in Los Angeles. I honestly had not heard of the school until today, but I recognized its main building, the 80-year-old art deco Bullocks Wilshire, one of L.A.’s most recognizeable landmarks. The building is now featured prominately in the backdrop of “The Tonight Show with Conan O’Brien” set.

UB Law student/ NAACP Law Fellow Malcolm P. Ruff returns from the NAACP convention with one last blog post. If you want to hear more, log on to “Real Talk with Ray Baker” tonight (Wednesday) at 8:00 p.m.

After a much-needed break, I am back to report on the biggest event of the NAACP Centennial Convention: President Obama’s speech.

I would love to say I cheered from the front row as my president moved the audience with his best impression of a Baptist preacher’s tenor and his rhetoric of justice and equality. I would love to say I joined the masses in chanting “OBAMA” over and over; that I shared a once-in-a-lifetime handshake and embrace with the man of the century.

Unfortunately, I wound up watching the speech on CNN. At the end of the day, it turns out I really am an intern — and when the hottest ticket in the Big Apple ran out, my ticket and those of my fellow interns were sacrificed to the dignitary gods!

That turn of events seemed initially to be some sort of an unreal curse. Luckily I refused to miss the big picture, and listened intently to President Obama’s words of thanks, praise and encouragement to the NAACP.

For me, his most noteworthy remarks were those acknowledging our country’s progress in eliminating inequality, yet also acknowledging that minorities still get the short end of the stick when it comes to HIV infection, health care, poverty, unemployment and imprisonment — disparities that are vestiges of past discrimination and racial hatred.

To me, the fact that my president has this historical perspective is beyond empowering. Too many people want to wipe clean the stains of our sordid past, especially with the election of our first black president; but I’m sorry folks, it just doesn’t work like that! As President Obama stated, we must be honest with ourselves; while people now generally treat each other with a higher level of tolerance, systemic inequities —byproducts of the past — must be addressed immediately for this country to truly stand tall upon its founding ideals.

The speech was not only historic, but purposeful. Because we have our first black president, many nay-sayers feel that organizations like the NAACP are losing their relevance. But I echo President Obama’s sentiments that the NAACP is needed just as much today as we were in the ’50s, ’60s, and ’70s. And there is a new agenda: not only to find and stomp out discrimination, but also to be a stronger proponent than ever for self-determination and responsibility in the black community.

By the way, I did get a picture with the president: not Barack, but Ben Jealous, the new fearless leader of the NAACP, who was gracious enough to invite me to his reception in midtown Manhattan (that’s us above). For more photos — of (1) Jeffrey Wright, (2) Charles Ogletree, (3) Bobby Scott, (4) Attorney General Eric Holder and (5) Julian Bond with Holder — click on the slideshow below.

– Malcolm P. Ruff

Malcolm P. Ruff, UB Law student/NAACP Law Fellow, shares his views from the NAACP’s centennial celebration in New York:

Good morning! Today is the big day…the convention hall has been swept, the presidential route has been marked, and the VIP suite is fully stocked with the President’s favorites – everything is ready, but (as I write this) the guest of honor won’t even be here for another 10 hours!

That’s right folks, today is the day that President Barack Obama will be joining the NAACP at its Centennial Convention. As expected, the buzz is electric as convention-goers anticipate the arrival of the first African-American President in US history. My Obama paraphernalia count is at about 150 so far and it’s only 9 a.m.!

This morning on my way into the legal office, I spoke with Reggie Love, President Obama’s body man and my former teammate on the Duke University Varsity Football team. As many of you know, Reggie was a standout basketball and football star at Duke, and now is an integral member of the President’s staff.

As Obama’s right hand man, it is Reggie’s job to be a corporal extension of the President. He is responsible for performing any task that the President might need done; from scheduling meetings, to making phone calls on the President’s behalf, and even being the President’s own personal Dwight Howard when they play pick up (that’s basketball btw).

We talked briefly on Tuesday night when the President was in St. Louis for the All-Star game, and this morning Reggie expressed the President’s excitement about coming to address the nation’s oldest and largest civil rights organization on its centennial anniversary. It has been a while since I have seen Reggie — since leaving Duke’s campus in 2006 — so I hope I’ll get to see him and interview him tonight!

Meanwhile, I wanted to get reactions from convention attendees about the significance of President Obama coming to the NAACP’s Centennial Convention, so I headed to the exhibit hall to solicit some responses. Much to my surprise, I found Mr. Chris Gardner, self-made millionaire and writer of the Pursuit of Happyness, who was promoting his latest book, Start Where You Are. Mr. Gardner was gracious enough to take a photo with me and my good friend Danielle (that’s us in the photo above), and I had a chance to ask him what he felt about the significance of the President’s visit on such an auspicious occasion. He simply stated that this presidential visit should be a reminder to all people of color that although we have made massive progress, we must recognize that much work is left to be done, but we now have the means and the momentum to accomplish that work.

There is much more to come today as we await Barack Obama’s arrival. I must admit that I am getting more and more caught up in the anticipation and excitement with every passing hour! Check back in later to get the exclusive scoop on the President’s remarks.

Malcolm P. Ruff

UB Law student/NAACP Law Fellow Malcolm P. Ruff continues to share his views from the NAACP’s centennial celebration in New York:

While writing my last installment of “The Ruff Report” yesterday, I heard a loud buzz in the hallway.  I ventured out to find Mr. Michael Steele, former Lieutenant Governor of Maryland and the current RNC Chairman.

Mr. Steele had just finished addressing the convention floor and was doing interviews across the hall.  Fortunately, his assistant needed to use our office to print off a last-minute speech, and so in exchange he promised me that the Chairman would stop by to say hello.

Now to be clear, I am a Democrat and it baffles me how a black man could be a Republican, let alone chair the party, but Mr. Steele attempted to convince us that the Republican Party’s stances on education, the black family unit, and economic stability were in line with the needs and desires of minority citizens.  (Click here for the text of his remarks.) I didn’t even know the Republican Party had a stance on the black family, and after talking to several convention attendees, the consensus was that Mr. Steele failed to identify any real solutions to problems of racial disparities in each one of these areas.

By mid-day I was attending a panel that discussed the positive and negative portrayals of youth of color in various forms of media.  It was amazing to see approximately 300 highly conscious young black faces eager to tackle tough issues. The conversation centered on BET’s negative portrayal of black people, and in my opinion, I have to agree that it has become immensely hard for me to believe that BET has any intent on uplifting or positively affecting the culture of the black community.

The convention hallways are always full of notable public figures from arts & entertainment to politics, to business and of course the legal field.  It has been such a thrill: from rubbing elbows with Congressman John Conyers to fellowshipping with actor Jeffery Wright (Shaft, Cadillac Records, etc.), I have had the greatest experience meeting such accomplished personalities.

But none was more exciting than meeting Kweisi Mfume, who like me is a true son of Baltimore.  I remember being in middle school at Gilman when Mr. Mfume’s autobiography, “No Free Ride,” was released.  I read it from cover to cover, delving into the life of a man who was raised in the same type of lower-income urban area of Baltimore as me.  So when I ran into the former Association President on the restricted media level of the convention, I had to make sure I paid my respects because I truly consider him to be one of my local childhood heroes. (That’s us in the photo above.)

To wind up the night, I headed out to Broadway to see Patti LaBelle in concert at the Nokia Theatre (my boss hooked me up with VIP tickets, my mom is going to kill me!).  Check back in later to hear about the anticipation of President Obama’s arrival on Thursday!

Malcolm P. Ruff