Who They Are Student body presidential candidate Brett Rocheleau, a junior from Keenan Hall, is a Math and Finance major. Vice presidential candidate Katie Rose, a junior from Pasquerilla East Hall, is an Economics and Political Science major with a minor in International Development Studies. Rocheleau is the current student body vice president and Rose serves as senator for Pasquerilla East and director of the student government Department of Gender Issues. In Their Words Rocheleau and Rose, who are running on a platform they call “Advancing the Vision,” have a to-do list of five items in their plan of action. The list entails: • Improving the constituent service capacity of Notre Dame, both on and off campus. Rocheleau and Rose want to continue the trend of addressing the wants and needs of the student body, saying it will be the primary focus of their administration. • Increasing safety for all students by raising awareness about issues and addressing them effectively. Rocheleau and Rose want to install better lighting on campus and increase blue light phones off campus. They plan to work with Notre Dame Security Police and the Department of Campus Technology to develop a mobile safety app for smart phones. • Deepen relations with the neighboring community of South Bend. Rocheleau and Rose want to attract a specialty grocery store to Eddy Street Commons, such as Whole Foods or Trader Joe’s. They also want to continue past administrations’ work with the Robinson Learning Center and Communiversity Day. • Modernize Notre Dame to make it a 21st Century Catholic university. The ticket wants to focus their efforts on making dorm life more ecologically friendly, updating school policies to reflect current Church teachings, and providing a forum for students to discuss the modernization of Notre Dame Stadium. • Connecting the Notre Dame campus to the global community. Rocheleau and Rose want to continue the work started under this year’s administration, partnering with David Clark Causes to bring a large-scale social justice event to the University. In Our Words • Best Idea: Rocheleau and Rose want to push for the inclusion of a non-discrimination clause and the establishment of a gay-straight alliance on campus. Public opinion and Church teaching on such issues have dramatically shifted in the past few years. • Worst Idea: The ticket plans to attract a high-end grocery store to Eddy Street Commons as an avenue to interact with locals. Such an idea is misguided, however, as stores like Trader Joe’s are too expensive for many residents and students. Their plan to address community relations was weak in general, as Rocheleau and Rose identified the relations as an issue and then outlined a plan to stay the course, saying much of what is currently being done is working. • Most Feasible Idea: Continuing the role of constituency services in student government. A lot has been done in this area through the work of this year’s administration. There is no reason Rocheleau and Rose cannot do the same, especially if they set it as a priority of their term. • Least Feasible Idea: Modernizing Notre Dame Stadium may seem like a nice idea on paper, but the thought that a student forum will change how things have always been done seems far-fetched. While changes have been made in the game day experience this year, these initiatives were not student led. • Notable Quote: “Notre Dame student government should not only be about merits of consequence, but merits of convenience.” –Rocheleau Bottom Line Rocheleau and Rose say their years of experience within student government is a strength of their ticket, and will provide for a smoother than usual transition period between administrations. While their primary goal of promoting constituent services is both achievable and commendable, it is nothing revolutionary, as it has been the priority of this year’s administration. At times, both Rocheleau and Rose seemed naïve about the goals they want to achieve — they identify student-community relations as an issue and then say the current method of addressing that area is working. They also have somewhat lofty goals in terms of campus safety and modernization. Rocheleau and Rose certainly have the experience to do the job. Only time will tell if they can achieve what they set out to do.
It’s unethical to mine metadata It’s unethical to mine metadata April 30, 2006 Regular News Such information is protected by the attorney-client privilege Gary Blankenship Senior Editor Lawyers sending electronic documents should take all reasonable steps to remove “metadata” from those documents, and recipient lawyers should refrain from looking for metadata if they reasonably know that such information is not intended for their eyes.The Bar’s Professional Ethics Committee is putting that advice in a proposed advisory opinion for comment by Bar members. The committee also issued a PAO on digital copying of paper legal records and addressed the propriety of an estate lawyer being named the beneficiary in a client’s bank account, among other matters at its April 10 meeting in Orlando.Metadata is hidden information that computer word processing programs keep with a document and can accompany it when it is electronically transmitted. Such information can include when the document was created, who has viewed it, a history of changes and comments made, and other information. In one case, a client’s e-mailed comments about the document were attached while it was being revised. Even though the comments were deleted from the final version, they were still contained in the metadata and able to be recovered by the recipient.That example and others prompted the Bar Board of Governors to ask the PEC to look at the issue both from the sending and receiving attorney perspective. The board also passed a resolution expressing its disapproval at “mining” metadata from electronically transmitted documents.PEC members found that lawyers sending digital documents have a responsibility to see that confidential information is protected.“It is the sending lawyer’s obligation to take reasonable steps to safeguard the confidentiality of all communications sent by electronic means to other lawyers and third parties and to protect from other lawyers and third parties all confidential information, including information contained in metadata, that may be included in such electronic communications,” the PAO says.As for receiving attorneys, the opinion holds: “It is the recipient lawyer’s concomitant obligation, upon receiving an electronic communication or document from another lawyer, not to try to obtain from metadata information relating to the representation of the sender’s client when the recipient knows or should know that the information is not intended for the recipient. Any such metadata is to be considered by the receiving lawyer as confidential information which the sending lawyer did not intend to transmit.”The opinion also says that law firms may have to seek out continuing training and education to ensure a technological understanding of how to strip metadata from transmitted documents.The opinion is reproduced in full beginning on page 24. The PEC will consider any comments from members at its June meeting. Making electronic copies of paper records is another issue referred by the Board of Governors to the committee. Several attorneys, concerned about preparing their offices for hurricanes, have asked the Bar about the propriety of switching paper records to digital data. The PEC found there were no Bar rules that prohibit lawyers from making electronic copies of paper records. But it also said safeguards must be observed. “The committee cautions lawyers that electronic files must be readily reproducible and protected from inadvertent modification, degradation, or destruction. The lawyer may charge reasonable copying charges for producing copies of documents for clients.. . . Finally, lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies on third parties to convert and store paper documents to electronic records,” the opinion says. “The committee encourages the use of technology, such as electronic file storage, to facilitate cost-effective and efficient records management. However, the committee is of the opinion that a lawyer is not required to store files electronically, although a lawyer may do so.” That opinion is also reprinted in full, beginning on page 25. On the estate attorney issue, the committee had a vigorous debate. The inquiring attorney said that an estate planning client had died and left him $18,000 by naming him as a beneficiary to a bank trust account with that sum in it. The client also named the attorney as her personal representative to her estate. The lawyer had originally contacted the Bar’s Ethics Department in 1999 when the client wanted to give him a $15,000 check as a gift. The Bar advised him in a staff opinion that he should not accept the check, since Bar rules prohibit attorneys from preparing estate documents that confer a benefit on them. The client then apparently put the money in a trust account, naming the attorney as beneficiary. When she died, the bank contacted the attorney and said it could only release the money to him. Committee member Martha Barrera warned that allowing the gift could create a loophole in Bar rules where an attorney could exert undue influence on the client for the attorney’s benefit. But committee member Skip Smith said there appeared to be no violation of Bar rules, which only prohibit an attorney from preparing an instrument from which he or she benefits. The committee first voted 7-14 to reject a modified version of a staff opinion saying the lawyer could not accept the money, and then rejected the unmodified opinion 6-14. Smith made a motion to draft a staff opinion saying while there was no Bar rule prohibiting the acceptance of the gift, it might cause a conflict with the attorney’s position as personal representative of the estate. It also said if the attorney had anything to do with setting up the account, then he could not accept the gift. That passed 18-5. On another issue, the committee declined to withdraw Ethics Opinion 77-30, which holds that an attorney hired to work for an entire county commission cannot represent one commissioner on an ethics complaint before the state Ethics Commission. Local governments had complained that could make them hire expensive outside counsel to handle frivolous complaints against local elected officials. The PEC appointed a subcommittee, which recommended retaining the opinion, but noted it applied to a specific set of facts and there might be a different conclusion under a different set of facts. The board approved upholding the opinion 19-0. The committee also addressed two separate inquiries on ancillary businesses. In one, a bankruptcy attorney wanted to be able to act as a mortgage broker when clients seek to get out of bankruptcy by refinancing their homes. The second involved an attorney with mainly an estate planning practice who wanted to set up an ancillary business to advise clients and sell them life insurance. The committee responded to both that the practices would be allowed as long as the lawyers can fully comply with rules on personal conflicts of interest and follow the requirements of the rules on business transactions with clients.
With only Modibo Maiga and Ricardo Vaz Te available as forward cover, Allardyce moved quickly to bring in Petric, the 32-year-old Croatia international who had a spell at Fulham last season. But a return for Carlton Cole, who left West Ham at the end of his contract in June, was called off after the seven-capped England forward failed to prove his fitness. Allardyce, however, revealed the 29-year-old free agent could still be offered some sort of deal down the line. “We have offered training time to Carlton, for him to try and get fit if he wants,” Allardyce added. “If he is happy with that, I would be, and we will see where we are from there, because we still have one place left in the squad.” Allardyce is expecting a response at St Mary’s on Sunday to the lacklustre performance that saw his men defeated 1-0 at home by Stoke before the international break. He said: “You always want to go into an international break with a positive result. We didn’t get it. “Then (we had) the trials and tribulations of the window shutting after that and then, of course, earlier this week, the setback with Andy Carroll, so it has made the last two weeks very difficult for me personally. “But the squad is still very focused and, I hope, determined to deliver the performance that we know we can produce at Southampton.” The 24-year-old had been pencilled in to feature in the Irons squad for the first time this season, ahead of Sunday’s Barclays Premier League game at Southampton, following his £15million summer move from Liverpool. Carroll had returned to training following an Achilles problem which ruled him out of the end-of-season international friendlies, after an impressive loan spell at Upton Park had seen him restored to Roy Hodgson’s World Cup plans. West Ham manager Sam Allardyce has promised England striker Andy Carroll will be given all the expert medical help he needs to recover from his latest “devastating” injury setback. Press Association However, West Ham confirmed on Friday morning the former Newcastle frontman had further injured his foot during a training session earlier this week. He has aggravated the plantar fascia tissue which supports the arch and is now set for another extended spell on the sidelines. Press Association Sport understands Carroll has travelled to Europe – boarding a plane for Belgium earlier on Friday morning – to begin a rehabilitation programme which the club hopes will not require an operation, but no time frame has been set for a possible return to full-match fitness. “It is not as serious (an injury) as the first one, which is a little bit of good news from our point of view,” Allardyce told a press conference. “It is just making sure that we continue the right treatment, recovery and rehabilitation to get him back as quickly as possible. “No (there is no timescale), not at the moment, not until he has seen all the specialists and we determine the way forward for Andy and his recovery. “It is hugely frustrating, and devastating for Andy, because we were sort of thinking that this Sunday might be his first appearance on the substitutes’ bench, having started to join in training. “When we found out he had picked up another injury – not in the same place, but in the same tendon – we have to deal with that accordingly, and of course we have moved along quickly to make a signing to cover that area and give us a bit more firepower. “So when he gets fit, Mladen Petric will hopefully play a good part between now and the end of the season.”