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| Each
October the North Dakota Supreme Court comes
to Grand Forks for a special session in the
Law School’s Baker Courtroom. Law students
have the opportunity to hear oral arguments
in cases brought to the Supreme Court and
later to participate in moot court sessions
before the justices. |
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Being
editor in chief of the North Dakota Law Review
is a high honor indeed. Among the illustrious holders
of that student position are some of the most successful
legal minds in America. In North Dakota alone, their
number includes high-profile alumni such as State Supreme
Court Chief Justice Gerald VandeWalle (1957-58), Federal
Magistrate Karen Klein (1976-77), and the notoriously
tough UND law professor emeritus and torts expert, Larry
Kraft (1963-64).
The quarterly student-produced journal of the
School of Law marked its 80th birthday with the fall
2004 issue. The publication contains articles written
by legal professionals from across the country and student-written
notes, articles, and case comments.
“The Law Review is a prominent
indicator to the outside world of the quality of the
UND Law School,” said Dean Paul LeBel. “We
are fortunate that so many talented students work so
hard to make the Review such a positive statement about
our school and our student body.
The
Law Review is both a studentorganization (although
second- and third-year students are invited to write
for it, “membership” comes only when one
has written an article of publishable quality) and an
academic experience (the eight student board members
earn two hours of credit each semester). As one would
expect in a legal setting, the governance and operation
of the Law Review and its relationship with
the School are governed by a detailed constitution and
excruciatingly detailed written policies. Professor
Randy Lee is the faculty advisor.
The editors are chosen competitively, vying for
both the distinction and the hard work that lies ahead.
The editor in chief commits to 385 hours of work during
the summer and another 160 hours during each semester.
All board members agree that “outside commitments,
whether for credit or for pay, are permissible only
to the extent that they do not interfere with an editor’s
Law Review duties and responsibilities.”
Editor in chief for 2004-2005 is third-year student
Douglas Murch, who grew up on a farm near Hunter, N.D.,
and received his undergraduate degree in business from
Valley City State University.
Murch says the challenge of writing legal articles
and having them published drew him first to write for
the publication, and then to apply for the editorship.
He is most proud of his forthcoming Review
article, “Civil Rights – Employment Practices:
Common Law Control Is the Best Test of ‘Employee’
in Employment Discrimination,” Clackamas Gastroenterology
Associates, P.C. vs. Wells, 538 U.S. 440 (2003). “I’m
fortunate to have had a great high school English teacher
who demanded good grammar,” he said. He enjoys
using his legal training in combination with his writing
skills to examine how legal arguments are developed.
He looks forward to the challenge of balancing classes
with his responsibilities at the Law Review.
In his free time, which is even more rare these
days, Murch enjoys staying active and playing league
sports. He has captained the “Malpractice Bowl,”
the annual football game that pits law students against
medical students. After graduation, he will spend a
year clerking for the North Dakota Supreme Court. His
eventual goal is to work for a law firm or private company
in the business, commercial, or real estate fields.
Whatever his future, Murch says he hopes his
work will always involve writing, and that he and his
wife Bethany, a Grandin, N.D., native, will find good
jobs in North Dakota.
Articles
published in the latest issue of the North Dakota
Law Review (Volume 80, Number 2) include:
“Chemically Dependent
Employees and the ADA in the Medical
Profession: Does Patient Safety Exempt Hospital
Employees from Compliance
Under the Direct Threat and/or
the Business Necessity Exemptions?”, by Jodi
Nelson Meyer
“Banishment from Within
and Without: Analyzing Indigenous
Sentencing under International
Rights Standards,”
by Colin Miller
Case comments published in the issue include:
“Constitutional Law-Affirmative
Action: The Supreme Court
Strikes Down the University of Michigan’s
Admission Policy but Finds
Diversity To Be a Compelling Interest,” Gratz
v. Bollinger, 539 U.S. 244 (2003), by Daniel P.
Bakken
“Constitutional Law-Civil
Rights: The Supreme Court Strikes
Down Sodomy Statute by Creating New Liberties and
Invalidating Old Laws,” Lawrence v. Texas,
539 U.S. 558 (2003), by
Ryan M. Bernstein
“Mental Health-Crimes:
The United States Supreme Court Sets
Guidelines for Forcibly Medicating Incompetent Pre-Trial
Detainees Solely for Prosecutorial Purposes,”
Sell v. United States, 539
U.S. 166 (2003), by Tiffany L. Johnson
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