Toby Buel
West Virginia University College of Law, Rising 2L
Saturday, May 24, 2008
Pyramids

When people think about the desert, they usually think of a hot, dry place. Well, let me tell you something, they’re right! Today we took a bus ride out of Guanajuato to visit some pyramids built millenniums ago. The archaeological evidence extracted from the area was pretty cool. There were beads, weapons, calendars, and other artifacts from which we could learn much about ancient Mexican culture.

The pyramids themselves were quite a site. According our tour guide, every 52 years the pyramids were added onto. New layers were created making them more magnificent than before. The climax of the trip was walking to an area near the pyramids with a beautiful view of the surrounding mountains and valleys.

So far this trip has been a blast. I feel like I am getting a real feel for Mexican culture. I’ve made some friends at the nearby University of Guanajuato. They are actually decent basketball players! I’ve also been able to learn some level of Spanish. It’s amazing what a few days in Mexico can do. I’m also glad to be able to tell this story to the readers. We have one week left, and I’m excited to be able to talk about the rest.

Alicia Ray Fonseca
West Virginia University College of Law, 3L
Saturday, May 24, 2008
Bad Luck Strikes Amongst So Much Good

If bad luck comes in threes, then I met my quota over the past three days.

First, I was running through the narrow, busy streets of Guanajuato around 6:45 a.m. two days ago at a pretty good pace when I tripped on a piece of metal protruding from the sidewalk and plunged knee and elbow first on to the cobblestone. It was a nasty fall! What impressed me as funny, though, was that although I was covered in dirt and patches of blood, a couple of Mexican guys still yelled piropos, or “cat calls,” at me while finished the remaining three miles of my run!

My second round of bad luck came yesterday morning, when I realized that I had contracted the stomach virus that had felled other members of our group. Although I had to miss the trip to the legislature that day; Tammy, a.k.a. “the mom of Guanajuato,” gave me some good, strong medicine that helped me recover quickly.

My third dose of bad luck came as I was attempting to take my first picture at the entrance of Las Plazuelas, a site of small pyramids excavated within the state of Guanajuato that we visited today; the battery of my camera was completely dead! Of all the days to be without a camera! Because I have a fetish with taking pictures—I used 29 roles of film over my five-week stay in Segovia, Spain—I felt like a fish out of water, a journalist without a recorder or notepad to be a tourist without a camera! However, as I was serving as co-translator for the pyramid tour, I soon became less aware of the fact that I couldn’t capture every angle of the stone pyramids and the surrounding artifacts. And honestly, having originally imagined that the pyramids we would be visiting would be the “big pyramids” found closer to Mexico City; this local excavation site, although interesting and amazing nonetheless when considering how and when they were constructed, was slightly disappointing.

When we arrived back to town, I was hoping that the 30 minutes I had before the Folkloric Ballet started might be enough to recharge my battery. It was not. But as I watched the cultural dances from different parts of Mexico, I found myself realizing that there was almost a freedom in being able to just enjoy the cultural moments, taking the experiences in with my senses and recording them purely in my memory rather than through a lens.

Akin Deen-Abudu
West Virginia University College of Law, Rising 3L
May 24, 2008
The Legislature and Corporate Diversity

Today we took a tour of the state legislature building. From the outside the building looks plain and looks like any other administrative building but upon entering I was amazed at how beautiful the building was. It was decorated with different stones which are made by hand. As we entered one of the rooms, our tour guide informed us that all the wooden furnitures were carved by hand by a single individual whose picture graced the rooms.

Todays lecture with Prof cummings focused on corporate social responsibility, the NAFTA agreement and diversity on corporate boards. The term corporate social responsibility means the corporation must be responsible toward society and the environment for the impact of its actions. We discussed several ways corporations can give back to the community especially to the society in other countries in which they operate. For example, some ways American companies can give back to the communities in Mexico include providing jobs, building schools, and just helping to stimulate the economy which will lead to growth. We also talked about philanthropists and how individual shareholders can donate their own money to charities of their choice or to schools of their choice, as long as they do not spend the companies money.

On the issue of diversity, we discussed the fact that most corporate boards are still comprised of older white males. Most executives and/or board of directors are often rich, well educated and affluent men. Shockingly in 2001, approximately 13% of fortune 500 companies had no female members and in 2005 the percentage dropped to about 10%. Contrast that with 85% of Fortune 1000 Board seats being filled by white males and the need for diversity is striking. The need for diversity on corporate boards is increasing as some businesses have recently refused to do business with companies and law firms who do not have a diverse board. Also I believe that having a diverse corporate board leads to better cooperation among employees. Prof cummings also had the class participate in a little board room exercise. He appointed himself CEO of a company and chose four African American executives two of which were women and also four white executives, two of which were also women. The goal I believe was to show how a typical corporate board meeting takes place and to show the importance and benefit of having a diverse corporate board.

Crystal Canterbury
West Virginia University College of Law, Rising 2L
Friday, May 23, 2008
Global Corporate Social Responsibility and Diversity

Opening my front door to the sunny, blue skies of Guanajuato, I decided to forego the long walk to my favorite coffee shop in favor of he umbrellaed tables at the Plaza de la Paz, just a few blocks away. Sipping a cappuccino and munching on slices of fresh mango, I split my attention between reading the day’s law review articles and surreptitiously people-watching. Cars drove by blasting Reggaeton music, uniformed students relaxed with icy drinks, and locals and travelers alike spilled off the narrow sidewalks onto the dusty, brick streets.

Later, Professor cummings’ lecture and seminar sparked a revealing dialog about the need for Corporate Social Responsibility and, particularly, the need for diversity on corporate boards. In recent years, boards comprised primarily of privileged white men have permitted their companies to book contracts ahead of date (Xerox, IBM), camouflage and dispose of debt in a subsidiary (Enron), hire a dubiously qualified candidate based solely on the CEO’s recommendation (Disney), and freeze employee stock shares while selling their own (Enron, Worldcom). To illustrate how diversity affects a board’s dynamic, Professor cummings selected a “dream board” of half women and half racial minorities, with members representing a variety of socioeconomic and geographic backgrounds. In contrast to the corporate decisions, our diverse student board refused to acquiesce to the tyrannical demands of “CEO cummings” in roll play exercises. Whether focusing on the good of the employees, long-term business acumen, or personal fraud liability, diverse perspectives kept the board from rubber-stamping each proposal.

After some time spent reading, journaling, emailing, and relaxing, most of us prepared for our first Friday night in the city. Guanajuato may seem like a sleepy, colonial town during the day, but nightfall reveals a city in love with all celebrations of life. In addition to the seemingly-nightly parades, weekends bring a bevy of entertainment options, from the local symphony and folklore ballet to Shakespearean-costumed singers and assorted street performers. After eating a delicious dinner, we attended a performance of the local symphony; most popular was a five-movement selection which received such enthusiastic applause that the featured pianist returned to perform a solo piece. After the symphony, we enjoyed the sights and sounds of Guanajuato on a Friday evening. The area surrounding the Plaza de la Paz is crammed nightly with entrepreneurs selling jewelry, souvenirs, gorditas, hamburgers, fruit, and everything else imaginable. If you aren’t looking or jewelry or a late-night snack, the steps of the Teatro Juarez (and countless other theaters, churches, and town squares) are packed with people laughing at clowns and street performers; the street performers are particularly appreciated because their humor (usually) transcends the language barrier! If you feel the need to move on, you might enjoy listening to some of the very talented, Shakespearean-garbed singers and musicians. And if you feel like something a bit more interactive, you might have a drink at the Reggae-themed Bar Fly of test your salsa and meringue skills at Cuba Mia.

We’ve been in Guanajuato for almost one week, yet there is still no shortage of local foods to sample or colorful alleys to explore. Stay tuned for more!

Andrea Johnson
West Virginia University College of Law, Rising 2L
Thursday, May 22, 2008
The Death Penalty

I awoke at 7:00 a.m. to the sounds of a rooster crowing, dogs barking, and an anonymous Mexican man shouting unintelligibly into the warm morning air. This is a normal morning in Guanajuato, and one which I have come to appreciate. After eating breakfast at a small bakery near our quaint hotel, I head down to the University of Guanajuato to begin the day’s classes.

Professor Scully is the first lecturer of the day, and she covers a topic I find very interesting: the death penalty. By reading the case of Medellin v. Texas, we learn of a Mexican national who was arrested, tried, convicted, and sentenced to death in Texas without ever speaking with a Mexican diplomat. This is not only morally troubling, but also legally troubling because of the Vienna Convention on Consular Relations, which mandates that any foreign national who is detained by a government that consents to the treaty be notified of his right to contact a diplomat. Medellin was never told of this right and, after exhausting all other options of challenging his conviction, attempted to privately seek enforcement of the Convention. In a surprising political move, President Bush ordered the Texas state courts to uphold the treaty, which had been largely ignored by the U.S. since its adoption in 1963. Usually the President gives state courts a great deal of autonomy. Ultimately, however, the Supreme Court found that the President did not have authority to order state courts to enforce the treaty, and upheld Medellin’s conviction.

Next, we talked generally about the death penalty in the United States, which exists in 40 jurisdictions. Until 2002, the death penalty was applied to the mentally retarded and those that lacked adequate counsel. Until 2005, it was applied to juveniles. Changes to the death penalty have largely been due to media attention highlighting its problems and injustices, but many problems still exist. For example, racism in the criminal justice system results in a disproportionate amount of blacks sentenced to death. Additionally, according to McClesky v. Kemp, the odds of the death penalty being imposed is 4.3 times greater when a white is killed as opposed to a black. Also, there is the constant worry of executing a person who is actually innocent. Due to the number of prisoners on death row that have been exonerated using DNA evidence, a moratorium movement has started in several states. In some states, the number of inmates who have been exonerated has been as high as 50% of those currently on death row in that state. This reinforces that the rate of errors in the criminal justice system certainly needs to be considered, especially by proponents of the death penalty.

Later, we had an interesting discussion on what can be done to reduce some of the problems with the death penalty. My answer: abolish it.

Melissa Harvey
West Virginia University College of Law, Rising 3L
Thursday, 22 May 2008
Elegant Solutions to Difficult Questions

We repeat the story of King Solomon and the baby as an illustration of judicial wisdom—a clear, simple answer that cuts to the heart of the matter. It’s elegant, and we respond to it. It has the perfect level of thinking involved. Oh, the one who loves the child the most is the real mother.

But do anecdotes work? I mean, honestly, can one act of pretending to care actually trump maternity? I doubt it. Besides, who cuts a baby in half? How many times do you have a conversation where someone gives a trumped-up example and while you’re blinking, they tell you that you don’t have the correct reaction? Meanwhile, you’re thinking that they can’t possibly mean it. I wonder, would King Solomon have been able to cut the baby in half had both women agreed?

Today was a serious day of study. All day we tried desperately to read all the pages ahead of us. And it’s a good balance, because a study abroad should balance the abroad with the study. First, Professor Scully gave a lecture on capital punishment. We discussed the good work that the folks at the Innocence Project do trying to make sure those on death row have committed the crime for which they are punished. We discussed the burdens on lawyers who try a death-eligible case, which seems to me a terrifying burden. And we didn’t even get to discussion our deep cultural indecision regarding capital punishment or the Supreme Court deciding it was right, then wrong, then right, then right for certain culpable persons.

In the evening, Professor Friedberg gave a lecture on asylum law that was part of a lecture series for the University of Guanajuato. We sat in a more formal lecture hall, and a translator assisted Prof. Friedberg. He gave an overview of the field and discussed domestic violence—is it persecution? Is the woman part of a class? These are issues that are not yet settled in the law.

Naturally, there’s no good reason to discuss that which is settled, but I know these lectures we have had spark debate among the group. And I suspect that the answers to the many social ills we face may be elegant, but they will not likely be simple.

Steven Broadwater
West Virginia University College of Law, Rising 2L
May 21, 2008
Capitalism and Corporate Governance in Mexico

Today’s lecture subject presented by Professor cummings was corporate governance in the United States compared to Mexico, examining the vast differences in the requirements both governments impose on publicly traded companies and how these requirements directly affect each country’s economy. The U.S. has the most stringent requirements that companies must adhere to before they can “go public” and be traded on our markets. Our strict requirements are in stark contrast to the Mexican system where the stock market is much smaller (with less than 200 companies) and where, until very recently, business practices promoting public disclosures and business transparency were mere recommendations. A result of this market is that many Mexican companies who want to reap the financial benefits of going public choose to do so on a capital market in the U.S. where they can attract more investors but must adhere to the strict disclosure and insider trading laws.

The strict laws enforced by the SEC in the U.S. are one major reason for the high number of investors willing to trade on our markets; the laws promote transparency and discourage insider trading which in turn boosts investor confidence. This confidence that motivates people to invest in the U.S. markets is one major characteristic missing from the Mexican market where the business culture has long been one of close-knit family businesses being financed mainly through bank loans. It seems to me that in order for Mexico to emerge as a world economic power, it is necessary for the country to implement and enforce laws promoting disclosure and harshly discouraging insider trading in order to significantly boost investor confidence in the market and attract investors from outside the country. A strong market in Mexico would then not only keep money within the country, but also bring money into the country from those foreign investors.

Corporate governance aside, I feel compelled to praise the amazing, wonderful and beautiful city of Guanajuato. The local plazas are alive and vibrant all day long and well into the evening with many local people and University students. The city seems to have achieved the perfect blend of tourism and culture without becoming over-commercialized or sacrificing any of its culture and charm. This is definitely a University town and is surprisingly similar to Morgantown in many ways. We’ve been here for four days now I’m already running into students I’ve met here, both local and others from abroad, on a daily basis. The surrounding countryside is mountainous with many large cliffs and bluffs in the distance that remind me in many ways of the mountains of southern West Virginia near the New River Gorge (except of course that the mountains here are mostly dry desert as opposed to the lush green mountains in WV). Every day, this place never fails to amaze and impress me on so many different levels with it’s splendor and charm; there’s no place I’d rather be.

August Gardner
West Virginia University College of Law, Rising 3L
May 21, 2008
Musings on Mexico

When I decided to come to Mexico, I had no idea how much of an impact it would have on my life. I had never traveled abroad before and was quite nervous about flying. However, I was determined not to let my inexperience get the best of me. I have now been in Mexico for three whole days and am enjoying every bit of it. The people, the culture, and the history are unbelievable. In this short blog I plan to give a brief synopsis of all the crazy and wonderful things I have experienced in my short stay in the city of Guanajuato (what many call the city of frogs).

It all started when I boarded a plane in Pittsburgh on a rainy Sunday morning. I was apprehensive about flying and was even a bit disturbed when I went through airport security and was asked to throw away my lotion and body spray. However, my discontent was short lived because my life changed the moment I walked on the plane. Once, in the air, the clouds were a beautiful bright white and blue. The scenic view was somewhat heaven like. As a group we transferred planes after arriving in Texas. The next flight would take us to our final destination, Guanajuato, Mexico. Little did we know the flight attendant would make this a trip to remember. She tried to put everyone at ease by using her witty humor, which definitely worked on me.

Today, it is Wednesday, May 21, 2008 and it has been three days since my arrival in Guanajuato. Our days are spent by having daily lectures at the University, by both American and Mexican Professors. The subject of today?s lecture explored the similarities and differences between American and Mexican corporate law. The American government established the Securities and Exchange Commission in 1933, to regulate corporations and to help protect the American public from fraud on the market. Similarly, Mexico has sought to use the American corporate model to establish new reforms for its business law.

Specifically, the Mexican Securities Act was amended in order to regulate corporate governance; promote full, fair and prompt disclosure; protect minority rights; and promote transparency of stock transactions. In the past decade, we have seen Mexico?s public market move from being practically nonexistent to one that seeks to promote open investments and subsequently, foreign trade. Mexico seems to be moving in the right direction in theory anyways. Although, it may take some time for the new corporate governance laws to be fully implemented, Mexico is doing its best to become an economic force. If this pattern of progressive change continues Mexico might just become an essential player on the world scene. I genuinely look forward to what tomorrow may bring.

Rachel Keeling
West Virginia University College of Law, Rising 3L
20 Mayo 2008
Embracing the Opportunity

Guanajuato, Mexico—perfect. This experience is exactly what I need after an intense second year of law school. As I am meeting the students and professors on the trip, I realize this is a wonderful group. It is nice to have this opportunity: the opportunity to bond, the opportunity to embrace a new world, and the opportunity to grow.

Day two of our time in Guanajuato began with a walking tour led by Carmen Perez Diaz (a local architect). First, she showed us a hospital/church built in 1560; perhaps the oldest structure in the city. Next stop, the Franciscan monastery. Interestingly, the monastery was recently uncovered when the museum above was in the early stages of construction. The question became: what should the city do with the ruins—the city decided to preserve the monastery, and it is now open for people to enter and view. Currently, there is a display of historic musical instruments inside the monastery.

Carmen then took us through the tunnels below the city; the river used to flow through the dim and damp tunnels, but they are now used as a major transportation route and the river is about ten feet below the tunnels. We also had the opportunity to walk through the city and try out the donkey trail ? how wonderful to imagine a donkey delivering my milk in the morning.

Because Carmen is an architect and is currently renovating a home, she was able to take us through a typical home in Guanajuato. The tile, the mini inner doors, and the open garden in the center of the home were fascinating. The Cathedral we entered was beautiful, and it had an open-air feeling that I found appealing and comforting.

Carmen was an informative tour guide and left us with desire for another tour next week. Hopefully, she will be able to show us more of this colorful city.

After the tour, the group broke into groups for lunch followed by a lecture at the law school led by Dean Jean Rene Segura. Around 4:00 pm, we had our seminar groups. My seminar, led by Professor Scully, centered on our recent journal entries. It is interesting to realize how we pick up on different things and view them in light relative to our own experiences.

We talked about the way we are perceived in Guanajuato. We all brought something to the table on this topic. The way we are perceived is directly related to the idea of tourism, and perhaps capitalism. In my mind, I compared my first few days here with my study abroad trips to France and Brazil. In France, I had the ability to be a wallflower and gaze into the life around me. With the exception of the occasional beggar, people in France were not interested in approaching me or enticing me to purchase wares. On the other hand, in Brazil several locals would approach me and entice me to purchase things—the ability to sink into the surroundings and be a “fixture” did not seem possible. Guanajuato feels like a mixture of both—there is an opportunity to take in the local life, but the mariachi bands and the man selling ponchos are usually not too far away.

My seminar group also discussed areas that cater to tourism, and therefore lose cultural identity and become a sub-culture of capitalism. It is nice to be in a place that is culturally rich, and yet while interested in the exchange of capital, has not lost its cultural identity, therefore keeping the city unique and real. As capitalism enables businesses and people to thrive, and tourism funnels money into areas that perhaps were once or are economically depressed, Guanajuato has beautifully preserved the cultural heritage of its people.

Arthur Bryan II
West Virginia University College of Law, Rising 3L
May 20, 2008
A City Beneath a City

As you glance up toward the sky you can see various dwellings and building structures. As it was described Guanajuato, Mexico is a city beneath a City. As you walk through the streets you can see how one part of the city is above the other. Having the chance to visit an underground convent, it was amazing to see how well preserved the convent was. It was so well preserved because of the flooding that took place in the city many years ago.

Hues of greens, oranges, yellows, reds, and blues, line the streets as you walk through the narrow streets. This city definitely rivals those of certain European cities such as Rome or England. Having the opportunity to go on a walking tour of the city enhanced my cultural experience of the city in just a short time. I believe that Diego Rivera had a lot to do with the overall appearance of the city, because I’d like to believe that he took out his paint brush and made the city his canvas.

Sitting in another country and in another law school has been a very liberating experience. I had the chance to study abroad in Brazil and this is just another great opportunity to expand my horizon, to see how the law in Mexico works and to compare their system with the U.S. legal model. Being from Texas and interacting with those of the Mexican and Hispanic population and learning about some Mexican history, I was not surprised by the many similarities that exist between the two countries in regards to the legal and political structures.

What I did find fascinating was the fact that here in Mexico there is a true “separation of church and state.” Meaning no clergy or persons of a religious order can ever participate in the political process as a public representative. Unlike the United States, there is a separation of church and state, but not to the degree in Mexico.

Breath taking and enchanting, Guanajuato, Mexico a place that I am looking forward to spending the next 14 days!