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"My first time called upon in Law School
was in Torts very early in my law school career. As I remember,
the class was just after lunch in one of the large lecture
halls. People always walked in a little late and generally
talking loudly. The professor had the habit of beginning by
speaking softly in a conversational voice until the class
would quiet down. My first time called upon was one of those
noisy starts. As we quieted down, I heard the professor say
“So Mr. Ellman, what’s the difference between
the plaintiff and the defendant?” It seemed like a simple
and strange question, but being a new student I gave a the
only answer I could think of. That was that the plaintiff
brought the action and the defendant defended. At that point,
every one looked at me like I was making a joke or worse was
an idiot. Luckily, the student next to me asked whether the
Professor had asked the question with respect to a specific
case, because we couldn’t hear her. When the Professor
said that she was in fact referring to a specific case, I
felt like hugging my classmate for saving me. Then the Professor
said that the case was Tedla v. Ellman (my name!). At that
point, I unfortunately had to respond that I wasn’t
prepared for the case. Definitely, not my proudest moment.
I did learn a very important lesson, however. When the question
doesn’t make sense, ask to hear it again and always
prepare when your name is one of the parties in the case.”
– MARK ELLMAN L’83
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| "It
was Parents & Partners Day in early October. The sections
were combined and Professor Summers introduced the concepts
of offer and acceptance. The specific issue – whether
an acceptance becomes effective at the time it is mailed –
was discussed in a seminal case authored by the New York Court
of Appeals in 1929. As I later learned, this was perhaps the
greatest collection of jurists to ever sit on the same court.
Professor Summers discussed the facts of the case and then
asked me if the Court got it right. Since my father, who graduated
from the Law School in 1963, was present in the back of the
classroom, my first response was “can the other Mr.
Rotko answer that question.” Professor Summers politely
put the question to me again and I replied that the Court
was, in fact, wrong. Professor Summers then asked if I was
telling the class that that the greatest State court ever
assembled, a Court that included Justices Cardozo, Pound,
Lehman and Field, among others, did not get it right. Now
shaking, I repeated that the Court did not get it right. After
a brief pause, he moved on to the next issue and another unsuspecting
student whose parents were also in the room. To this day,
in nearly ten years of practice, this issue has yet to come
up. But should it, I will be ready or I will call my father.”
–
THOMAS ROTKO L’94
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