College of William & Mary Law School William & Mary Law School Scholarship Repository

Student Newspaper (Amicus, Advocate...) Archives and Law School History

1991 Amicus Curiae (Vol. 2, Issue 2)

Repository Citation "Amicus Curiae (Vol. 2, Issue 2)" (1991). Student Newspaper (Amicus, Advocate...). 378. https://scholarship.law.wm.edu/newspapers/378

Copyright c 1991 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers Demise of the Kinko's pack? See page 5

AMERICA'S FIRST LAW SCHOOL

VOLUME IT, ISSUE TWO MONDAY, SEPTEMBER 16, 1991 1WENTY PAGES Three women attacked Two graduate students victims of attempted rape; city resident accosted and chased By HEATHER SUE RAMSEY dormitory by a man who emerged from Police are investigating the attempted the bushes. rape of two female graduate students and Both student victims gave sirnilarphysi­ an assault on a female city resident cal descriptions of their attackers: a li!!ht­ On Friday, September 6, at 4:30p.m., skinned Black male, approximately six an unknown assailant attacked a female feet tall, wearing black shorts and a base­ graduate student in the parking lot adja­ ball cap. The third victim described her cent to the Williamsburg-James City attacker as a tall, slim Black male. County courthouse. The following day, On Sunday afternoon, September 8, another student was attacked as she ap­ Vice President for Student Affairs W. Retired U.S. Supreme Court Justice Lewis Powell proached her apartment off Capital Land- Samuel Sadler had notices describing the (center) v~ted Marshall-Wythe last week. Here he is ing Road at about 8 p.m. On Sunday first two incidents posted prominently shown hobnobbing with Prof. Rod Smolla (left) and evening at around 12:30 am., a female Prof. Stephen Wermiel (right). city resident parked her car on Prince See ATTACKS, page 20 GeorgeStreetand was chased into a nearby Supreme Court Preview will analyze next Term's cases By WILL DeVAN Stephen Wermiel of the Bill of of the WashingtonPostandBruce sessions particularly lively." will provide a critique of the Sen­ The Bill of Rights Institute Rights Institute. Fein of the Washington Times. One new feature will be a panel ate's proper role under the "ad­ will host the Fourth Annual Su­ Of additional interest will be Srnolla noted that these journal­ discussion on the confirmation vise and consent" clause and a preme Court Preview on Friday discussion of cases involving the istscoverthecourteverydayand hearings of Su­ discussion of how the theory and and Saturday,September27-28. application of civil rights laws to said that "the mix of journalists preme Court nominee Clarence practice of confrrmation hearings The Preview provides an inter­ bar Operation Rescue from anti­ and law professors makes the Thomas. This panel discussion actually works. esting look at the issues the Court abortion protests and the First will decide in the corning term Amendmentirnplicationsof"Son through a series of panel discus­ of Sam" laws barring convicted College bails out bankrupt SBA sions, seminars and moot courts criminals from receiving royal­ open to the entire student body. ties on books about their crimes. SBAforegoesfuture revenues; directory may not appear This year's Preview will fea­ Additionally, the Court will By KEVIN KRONER not eliminate the SBA's budget fmances toanswermany of them. ture fewer cases than previous decide whether federally man­ The big question around Mar­ problems. Results of the audit are not ex­ years', however the previewed dated warnings on cigarette pack­ shall-Wythe lately has been, One consequence of the bud­ pected for another week. cases will be some of the most ages pre-empt state product lia­ "Will SBA members be gaining get debt will be a change in the One likely casualty of the bud­ important to reach the Court in bility laws. Also examined will any personal experience in bank­ business relationships between get crisis appears to be the law several Tenns. Moot courts will be three cases in which the Court ruptcy law?" According to re­ the SBA and CW. Representa­ school directory. Brooks said examine cases in which the Court will try to define when states portsfrom theStudentBar Asso­ tives from CW have said that if that the information used in corn­ is expected explicitly to overturn may be relieved ofcourt supervi­ ciation meeting last Wednesday, the debt is paid in full this month, piling the directory will not be the Lemon v. Kurtzman test, sion relating to school desegre­ the answer is almost, but not the foundation will continue to available until at least Friday, which has govern~ constitu­ gation. quite. do business with the SBA in the and it will take at least another tional analysis in state-church The Preview will feature pan­ According to President Rich­ future. However, in the future four to five days to get the book relations, and a case in which the elists who "know the Supreme ard Brooks, the SBA very nearly CW will require a deposit of up printed. Court will consider the constitu­ Court better than anyone in the ceased to exist financially, due to to 75% of the cost of any sched­ Brooks suggested to i.he SBA tionality ofso-called hate speech country" according to Professor a $6,000 debt owed to Colonial uled event that instead of spending $400 on for the first time. Rodney Srnolla, who will serve Williamsburg (CW). As ofTues­ At Wednesday's meeting, the free directory, it would be 'The Preview is one of the as moderator of the event day evening, there seemed to be Brooks urged SBA members to wiser to ensure that all law stu­ best ways to get a feel for the Among those attending will no alternative but to shut down come up with creative fund-rais­ dents receive a copy of the cam­ tough and important cases the be S \1Z3Dne Sherry from the Uni­ all operations. By 11 :00 am. on ing ideas. Because of the agree­ pus directory. Those directories court will be deciding this year versity of Minnesota, author ofA Wednesday, however, Brooks ment reached by Brooks and are scheduled to be distributed from people who not only know History of the American Consti­ and Ken Smith, Dean of Student Smith, all of the usual law school during the first week of October. the law, but who also know the tution. Prominent journalists who Activities, had worked out an functions, such as Fall from Grace According to Brooks, the cam­ Court and its players," said Prof. will participate are Ruth Marcus agreement which will keep the and Barristers' Ball, will be held pus directory offers more com­ SBA running. this year. However, all SBA plete information, including stu­ Details of the agreement are functions will have to be planned dents' permanent addresses, as not fully available, butitinvolves with extra care. Brooks said that well as information on faculty the College paying the remain­ every SBA activity will have to and staff for the entire campus. der of the debt to CW and de­ operate at a profit this year. Although the Campus directory ducting it from the money the Many questions regarding the was not made available to Mar­ SBA would have received from budget problems remain unan­ shall-Wythe students last year, next semester's student fees. swered. Both Brooks and SBA Brooks has been assured that the Brooks said that while he is sat­ treasurer StephanieCangin (3L), College will provide the book to isfied with the agreement, it does expect the ongoing audit of SBA all law students this year. 2 ======:===:;=Monday, September 16, 1991 THE AMicus CURIAE From the Editors' desks ... Out of our heads My mother always told me actual- rapes, Sadler's office would be for the College to have Is it time to sue? that the best place to find a help­ has been notably silent. The only an organized escort program, but Most law students would probably agree that the reason the ing hand is at the end of your effort most law student have seen that doesn't seem to be much of parking situation irks us so much is that many aspects of it seem arm. In the wake of the recent on the part of the Campus Police a priority for the folks over on the unjust. For example, before frrst-years arrived here they received assaults on two female graduate has been the ticketing of student main campus. Until those priori­ literature that made owning a parking sticker seem like a good students, the Marshall-Wythe cars parked in the Common Glory ties change, law students will idea. So they bought stickers by mail, or during orientation, only community has learned the wis­ parking lot at last Friday's Lake need to keep looking out for each to discover later that the $50 stickers were virtually worthless. dom of mom's adage. Matoaka party. other. Likewise, other law students who made the wise decision not To give credit where credit is The students of this school, The current situation is an to buy stickers have recently been outraged to learn that (1) cars due, Vice President for Student particularly Kate Atkins and the awkward one for both sexes. parked on campus without a sticker can be ticketed at any time, Affairs Sam Sadler did inform Campus Safety Committee, Some women don't like to admit not just before 5 p.m., and (2) any student who receives a ticket the community of the attacks should be commended for their they'refrightened,andsomemen is automatically required to purchase a sticker. within 48 of the frrst occurrence. efforts to increase safety for the worry _about in;;utvertently im­ It seems wrong for Parking Services to try to trick, bamboozle, The question now is what, if any­ women at Marshall-Wythe. In plying that women can't take care or coerce law students into shelling out $50 for stickers they don't thing, the College will do to in­ the past week, a number of men of themselves. It's time to put need. Fortunately, in a society founded upon law, if something crease safety for its students. in the school have come forward those feelings aside and recog­ seems wrong, it may very well be wrong. Perhaps the law can Aside from circulating a to offer escorts for women leav­ nize that any one asking for, or protect us. Perhaps we should sue. memo to Campus publications ing the building at night, and offering, an escort is not making You don't need a lawyerto sue Parking Services, especially if requesting that we inform stu­ proposals for forming an escort a value judgment, but rather, try­ you're all!w student. Just draw up a complaint and file it prose dents that the crimes have been service have been discussed. ing to avoid another tragedy on and in forma pauperis. Like Legal Skills. classified as attempted - not Obviously, the ideal situation this campus. You don't need to go hunting for fancy legal theories, either. Look at the way Parking Services duped frrst-year students, for Letters example. Is that misrepresentation? Deceptive advertising? Or To all M-W students: perplexing situation, "I'm Lisa which took place at the PDP just out-and-out fraud? And if you're required to buy a sticker Cyclists beware! Fascist park Brook, he's Kevin Kroner." graduate party at the Student because you parked in a vacant parking lot at 1 a.m. without one, rangers are on the loose and they At this point I figured that this Center last Friday. you've got plenty of arguments, too. Like breach of contract. Or want your money. The Colonial doughnut connoisseur would A graduate student in the busi­ deprivation of property without due process of law. Or the Parkway is the hunting ground give us hardened criminals a stern ness college related a "funny" creation of administrative regulations ultra vires. Just pay and student cyclists are the prey. talking to and send us on our story about a friend of his. His careful attention to Federal Rule of Civil Procedure 11 and its What follows is a true story: way. Instead, he asked for our friend, a student at another Vir­ equivalent,§ 8.01-271.1, and you should be fine. I was on a leisurely bike trip local addresses and radioed into ginia school, had gathere

Massey·s Carr1era Shop II® ------J 447· PRINCE GEORGE STREET IT'S TIME FOR DOMINO'S PIZZA~ WILLIAMSBURG, VA. • PHONE 229-3181 Sun. - Thurs. 11:00 - 1:00 am. Call us! 229-8885 Fri.- Sat. 11:00- 2:00a.m. Monday, September 16, 1991 THE AMicus CURIAE======5 Injunction against Kinko 's means headaches, higher cost $510,000 in damages awarded to publishers for copyright vioiations By DAVID PFEFFERKORN ets-a responsibility they sometimes Professors Marcus and Hardy agree works of others, has been forced to seek As many first year law students ignored. that this decision was a fairly straightfor- permission from between 200 and 300 thurnbed nervously through the opening The publishing houses dido 't have to ward application of the Copyright Act separate sources. Devins said that while pages of the Legal Skills packet from go far to come up with evidence that Marcus added that the law is necessary to many publishers are quite good about Kinko' s, they were met not with sage Kinko' s was shirking its responsibilities. "encourage people to write." He said he responding promptly, others are intolera­ advice about the practical aspects of law- Armed with course packets produced in routinely·seeks the permission of authors bly slow. This has necessitated a daily yering but with 28 pages of responses to New York City for professors at Colum- or journals for use of substantial pieces flurry of phone calls by his research assis­ standard requests for copyright permis- bia University and the New School for and receives numerous requests for the tant seeking final releases from the pub­ sion. Those familiar with Kinko' s or Social Research, lawyers for the publish- use of his own work. lishers. other commercial copiers who have joined ing houses noted that many documents in While Kinko's was required to pay The costs of the course packets have the burgeoning business of professor the packets were included with neither $510,000 in damages, the injunction gone up as well. While Kinko's does not publishingknewthatsomethingmusthave permission from the publishers nor the against future infringement has proven a charge specifically for the pages of per­ prompted this wasteful inclusion. standard payment of royalties. more unwieldy burden. To comply with missions, the cost per page for the profes­ The additional pages are a direct result Pointing to anthologies distributed to the ruling, Kinko' s must seek permission sor publishing service has increased. of .a successful lawsuit filed against 230studentsthatincluded110pageselec- from the publishers, a task which they Though the packets may still be cheaper Kinko's Graphic Corporation by a group tions from books, the lawyers for the have passed on to the professors. than textbooks, the gap has defmitely of eight major publishing houses last publishers claimed a blatant violation of While Kinko's is not required to in­ shrunk. Spring. The publishing houses charged the 1976 Copyright Act. Kinko's coun- cludethedocumentationofpermissionin The future of course anthologies, Kinko's with numerous violations of the tered by citing the "fair use" provision in each individual course packet, the copier though, is far from bleak. Clearinghouses 1976 Copyright Act. While the ruling the Act, which does allow for some lim- haschosentodoso. Marcusnotedthatthe for those seeking permission are forming, itself protects the original authors and ited exceptions for educational purposes. message to the commercial copying in­ and that should make life easier for those, publishersofwrittenwork,theshort-term JudgeConstanceMotley,however,was dustry from this decision has not gone like Devins, who still wish to create an­ results here at the law school are major unsympathetic to Kinko' s defense. In unheard. Other commercial copiers have thologies. Self-designed textbooks may headaches for professors who piece to- Basic Books, Inc. v. Kinko' s Graphics adopted policies similar to those of be the wave of the future. At least one getherthecommerciallycreatedantholo- Corp., 758F.Supp.l522(S.D.N.Y.1991), Kinko's, and have required professors to publisher now offers a comprehensive · gies and higher prices for students who she ruled that the "fair use" provision in- submitlettersofpermission with each and computerized list of documents from buy them. eludes several factors which are weighed every document which the professor can pick and choose Commercial copying for educational when determining whether the use vio- Professor Devins said the administra- those that will appear in the textbook. The institutions is big business, and Kinko's lates the Copyright Act. Among these are tive aspect of complying with the com­ technology is certainly available for this has worked hard to secure the patronage "the purpose and character of the use, in- mercial copiers' new policy has created type of creation, and it may only be a of many professors at universities across eluding whether such use is of a commer- "a living nightmare." Devins, who essen­ matter of time before Professor Devins the country. By offering an attractive cial nature or is for nonprofit educational tially creates his own textbook for Consti- can have an actual textbook that includes package of services that appealed to the purposes" and "the effect of the use upon tutional Law classes by anthologizing the just the materials that he has chosen. professors' wishes, Kinko's was able to the potential market for or value of the capitalize on the innovative idea of pro- copyright work." fessorpublishing. Professors were given Kinko's claimed that it offered an in- the freedom to include exactly the mate- valuable service to education as a whole, rial on which they wished to focus, stu- that without the production of course dents paid less-than-textbook prices, and packets professors would be forced to FAX Kinko's created a profitable division resort to ineffective traditional publish­ SERVICE within their business. · ing. Judge Motley, however, found their 804-220-0366 However,Kinko's often cut comers in intentions to be much more profit-on­ seeking permission and paying royalties ented than altruistic. "The extent of for the use of the material in the packets, [Kinko' s] insistence that theirs are educa­ PRINTING denying the authors and publishers the tional concerns and not profitmaking ones revenue they rightfully deserved. boggles the mind." Motley said in her Since themid-1980s, Kinko' shad been lengthy opinion. selling "course packets" to students at Although profitmaking does not nee­ many universities. Professors would pick essarily preclude the "fair use" defense, out articles, chapters from books, and Judge Motley noted that Kinko's wide­ other resources that they wished to com- spread use of the various documents pile for their students, and Kinko' s would unquestionably put a dent in the wallets of then assemble and bind the packets for publishersandauthors. Themarketeffect purchase by the students. Kinko' s also of the distribution of thousands of copy­ WHERE YOUR FIRST IMPRESSION offered to.seek out copyright permission right-infringing documents was, at least, for the documents enclosed in the pack- detrimental. IS AS GOOD AS YOUR LAST Complete Offset Printing • Copies While-U-Wait Color Copies Available From Classic Cameos to Airplanes and Lizards Expert Course Packet_Preparation! ~ · The Place to Shop for Jewelry Reading Files Maintained On Request ·?f Is Parlett's! Sterling Silver Earrings, • typesetting • resumes" " Pendants, Necklaces and Rings ... • FAX service • invitations JEWELRY FOR THE FUN OF IT! WE PROVIDE QUALITY, SERVICE & LOW PRICES ~ - Parlett~s CARD and GIFT BOUTIQUE 220-3299 421 Prince George St., Williamsburg Open ft\on.-Sat. 9:30-5:30 Sunday 12-5 948 Capitol Landing Road Williamsburg, Va. Across from DMV @ 229-7878 .

• • • ' I f • - - - - ... ------• - - .. -- .... -- -- • - - - .. - • - ...... --..... - .. --. -.. .. .• - ·- .. - ~ ------6 =:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:=:======:=Monday, September 16, 1991 THE AMicus CURIAE Marshall-Wythe profs help draft Bulgarian constituti~n Devins, Fisher, Verkuil fear new democracies restrict speech too much and make too many promzses theevolutionoftheirconstitution." Devins sions he disagreed with and he hoped time By RICHARD A. HRICIK constitution. "I got the sense that their added, "It is up to the people to carry the would take care of these problems. Professors Neal Devins, Lou Fisher arguments about a strong executive were spirit of democracy through. For ex- Dr. Verkuil plans on continuing his and College President Paul Verkuil, as no different from the Federalists and Anti­ ample, it took the efforts of people such as work with the Bulgarians, and Fisher and part of an American Bar Association Federalists debating 200 years ago." in the Marbury decision to Devins have ·already worked with the coalition, went to Sofia, Bulgaria, this The parliament members were amazed elevate the Constitution to new heights." Romanians and plan on possible future year to aid the new government in the at the independence of our judiciary and Professor Fisher said there were provi- work with the Albanians. drafting of their constitution. executive branches. Many questions di­ Through the ABA's Central and East rected at the delegation dealt with the EuropeanLawlnitiative,aseriesofwork­ separation of powers and the check and lllE shops were set up with various Bulgarian balance features of the U.S. Constitution. ruomoN officials. President Verkuil visited Bul­ President Verkuil also commented, CONTINUES garia in March while Professors Devins "The notion of independent judges is and Fisher arrived in early June. foreign to Bulgaria They lack the infra­ In an interview with the Richmond structure to run the judiciary as an inde­ Times-Dispatch, Verkuil said of the expe­ pendent branch." rience: "The Constitution came alive and Fisher and Devins said that the Bulgar­ changed me forever." Devins described ian government's recent history, which the experience as "extraordinary," and resulted in the deprivation of basic neces­ commented, "I used to only pay attention sities has created serious problems in the to domestic issues. I viewed the U.S. as new constitution. This has led to the the center of the universe. Now, I no inclusion of a laundry list of affmnative longer skip over international news." rights the government is obligated to The ABA group met with members of provide. Monday 9/16--Dave Terry & Doug Malone the Bulgarian parliament, their aides, Under the new constitution the govern­ Tuesday 9/17-Britanics members of the executive branch and ment must provide free education, medi­ Saturday 9/21-GLUE other interest groups, including Bulgarian cal care and a host of other social services. Monday 9/23-Dan Pittman & Doug Grimm lawyers. Devins and Fisher were very Devins and Fisher agree that these em erg­ impressed with the seriousness of the ing democracies are handicapping them­ Bulgarian's study of western countries. selves at an early stage. Fisher noted that "They were not only familiar with the the economy is devastated and there is U.S. system of government, but were also very little tax revenue to pay for such knowledgeable of both European and services. "These are lofty goals that will Asian governments. The Bulgarians look be almost impossible to meet given the ~ to the U.S. as the strongest democracy in state of the economy." the world with the greatest freedoms and At the same time the Bulgarians are FIRM stability," Fisher said. striving toward democracy, they are des­ Fisher stressed that the delegates were perately clinging to the idea of state-owned there merely to provide advice and guid­ property. Under the new constitution, the FINDERS ance. "We were careful in our words and state will continue to own all property but actions not to offend them. We wanted will allow others to operate businesses, in them to know that we would not try to a manner similar to a franchise. The impose our constitutional values upon government will allow citizens to bid on ~ them." these business operations and award the Verkuil echoed these sentiments. "No "franchise" accordingly. There are also one in his group was there to lecture rigid restrictions barring foreign owner­ Legal Job Services. anyone or tell them what to do," he said. ship of property. The delegation offered our constitution Another major stumbling block in the as a means of demonstrating the implem­ area of individual rights appears in limita­ we Help You Put Your Best entation of democratic principles. tions on free speech. Fishernoted the new "I was surprised at how often a group constitution contained sedition laws ban­ Resume Forward. would propose a given a provision and we ning criticism of elected officials. He Finn Finders is an employment service created specifically to help attor­ would explain why it would be problem­ said, "Faithfulness to the country is sacred. neys and other legal professionals find jobs. You simply complete a ques­ atic and then later learn that our sugges­ They (Bulgarians) were incredulous to tionnaire telling what geographic area, fmn size and practice area you prefer. tions were adopted. It was gratifying to learn flag burning was a protected right of From there, Firm Finders will compile a list of firms that match your criteria. know I could help people understand what expression." Devins likened it to 'politi­ Finn Finders then works with you to ensure that your resume and cover they can accomplish in a democracy," cal correctness' and added "there is now letters are properly prepared, and returns them to you completely ready for Devins said. an obligation to speak for democracy." mailing. You just sign the letters and drop the materials in the mail. He also noted a sense of urgency among The most apparent example of cultural We offer four affordable and convenient plans. Included in the price of the drafters. "I got the sense that they bias is evident in the religion provisions each is the preparation of all cover letters and envelopes, postage costs, and were so afraid of doing the wrong thing. of the new constitution. Many Bulgarians access to our extensive data base on fmns throughout the United States and They believed this drafting had to be harbor old fears of the Turks dating back Canada perfect. Many times the drafters merely to the Ottoman Empire. During these 500 sought assurances that they were headed years of Turkish rule, the Islamic religion Plan A: Identification of 50 firms ·Plan C: Identification of 150 firms in the right direction." was imposed upon the Bulgarian people. Cost: $185.00 Cost: $362.50 The new constitution, which was This history led to the establishment of Plan B: Identification of 100 firms Plan D: Identification of200 fmns adopted in July, was not created in a the Eastern Orthodox Christian Religion Cost: $275.00 Cost: $425.00 vacuum. Fresh in the minds of the drafters as the only religion officially recognized were the painful memories of 45 years of by the state. Under the new constitution, For an additional $35, our experts will polish and professionalize your totalitarian rule. Islam is neither prohibited nor recognized. resume or cover letter. Consider the value of your sanity, the importance of These memories left the Bulgarians Despite these provisions, all three efficiency, and the seriousness of your future. Contact us today for more with a profound fear of concentrating too constitutional scholars are hoping for the information. much power with any one group. Verkuil best. Verkuil said, "I have a very optimis­ 112 W. Kirk Ave., S.W ., Roanoke, Virginia 24011 noted the parallel to the early years of our tic feeling about the future ofBulgariaand (703) 982-3711 Monday, September 16, 1991 THE AMicus CURIAE======7 Law school attempts to muzzle independent newspaper Hastings Law News criticizes administration, editors denied bar certification By STEVE SHEBEST body who, at Khachadour's direction, The firm uncovered no mismanage­ were honored by the Society of Profes­ Two editors ofa student-run independ­ ordered them to submit to an audit of the ment in its audit, which was carried out on sional Journalists for "their efforts in ent newspaper at the University of Cali­ paper's finances. Ballantine and Dalton a pro bono basis and would otherwise keeping the ideals of the free press alive." fornia's Hastings College of Law have refused, citing the fact that the Law News have cost the school approximately Khachadour, in remarks made previ­ filed suit against the school and its ad­ was financed entirely by advertising and $10,000. The finances audited, according ously to the American Lawyer Media ministration after being refused admit­ received no money from the law school. to Ballantine, totalled only $18,000. How­ publication, The Recorder, called the tance to their state Bar as a direct result of The editors also noted that there was no ever, the Dean has refused to notify the award to Ballantine and Dalton "a very, editorials they published criticizing school recent history of the school requiring an state bar of the independent audit, insist­ very sad joke." administration officials. In what the edi­ audit of other student organizations. Bal­ ing that the Law News failed to comply This August, the ABA named the tors allege to be a retaliatory move, the lantine said that he and Dalton felt the with school regulations. Hastings Law News the top law school school refused to certify their moral char­ Law News had been singled out by the The two students were finally admitted newspaper in the nation among law schools acter to the state bar, resulting in their administration. to the California bar, after an investiga­ with more than 750 students. (The Ami­ being denied admittance. According to Ballantine, the admini­ tion by the bar morality committee which cus Curiae received the same award in the The suit, Ballantine v. Khachadour, stration responded to the objection by certified their fitness to practice. category for law schools with fewer than seeks multi-million dollar punitive dam­ requesting an audit of all student organi­ Earlier this year, Ballantine and Dalton 750 students.) ages. It was filed in California Superior zations receiving funding from the school. Court by James Ballantine and Christina "However," Ballantine said, "this request Dalton on May 16 of this year. was issued on the last day of classes and The incidents leading to the lawsuit met with little or no compliance on the began in early 1990 when the Hastings part of student organizations." Law News published an article, an edito­ Continuing in their refusal to turn over rial, and a caricature-over the course of the newspaper's accounting books, the HSINGLING two months - blasting the administra­ editors then received individual letters tion. threatening disciplinary action by the The article, printed February 22, re­ school. The two graduating editors were counted several alleged "historic abuses also warned that the college's Dean, Fran­ of power" on the part of the Hastings klin "Tom" Read, would not certify their 220-2344 Board of Directors, including the diver­ moral character to the state bar, a require­ Thursday and Friday Lunch Buffet sion of scholarship funds for the purchase ment for admission in California, as well 11:30- 2:00 ofreal estate during the 1970s. The Law as many other states, including Virginia. News uncovered a copy of the actual Ballantine and Dalton went on to pass $4.95 minutes of the meeting where the vote for the bar exam, but found that the Dean had the diversion of funds occurred. The indeed failed to certify their moral fitness "official" minutes released by the Board to the state bar association. The dean FREE DELIVERY revealed nothing about the diversion. regularly submits both an acknowledge­ ($10.00 minimum order) The editorial, printed March 6, called ment of graduation and a short form on for the resignation of Hastings' general moral character for all students applying Limited Delivery Area counsel Angele Khachadour. Reached at to the bar. On that form are six or seven Monday-Sunday home, James Ballantine cited several general questions involving character 4:30p.m. to close reasons for the resignation request, in­ which have "yes" and "no" boxes for the cluding Khachadour's ties to the 1970s dean to mark. Board, her"antagonistic relationship with Ballantine said that nonnally, the dean. 204 Monticello Shopping Center the community surrounding the law w~uld check "no" for all of the questions, school," and her work against a student which inquire about his knowledge of any Open daily, Lunch, Dinner body proposal which would have placed a impropriety on the part of the student in student on the Board of Directors. Ac­ areas such as academics, finances, or cording to Ballantine, Khachadour's ef­ breaches of trust. For two questions on fort to block the proposal involved the BallantineandDalton'sforms- the first hiring ofa private professional lobbyist to involving the student being "knowingly Welcome Back, Law Students! counter the lobbying efforts of both the delinquent on a financial obligation" and We are Ready to Serve You! student body and the Law News in the the second regarding "a breach of trust" state legislature. on the student's part- Dean Read cre­ Repeated attempts by the Amicus to ated a third box labelled "don' tknow, and reach Khachadour for comment were un­ marked it As a result of this action, both TRAVEL successful. Ballantine and Dalton were refused ad­ iJl Ballantine also took issue with the mittance to the bar until an independent . ~~SERVICE expenditures of the office of the general investigation could be completed. counsel. "Itis obviously excessive for the In addition, the school locked the doors ofthel..liw News offices in the beginning general counsel of a school with 1300 We Support the Marshall-Wythe Public Service Fund students to be required to hire an addi­ of August of 1990, forcing the paper to tional full-time attorney as well as shell publish "underground, for the month. The out half a million dollars for outside re­ school removed the lock at the end of the Mention this ad and U Travel will donate $5 to the Fund month, following a threat of legal action search," he said. with your purchase of $250 or more* The caricature, picturing Khachadour by the attorney for the Law l!.ews. beside Cruella De Vii, villainess of Walt Ballantine and Dalton, c1tmg fears of being audited by a biased administration, Call253-1212 or 877-7227 Disney's "101 Dalmatians" was entitled continued to deny the school officials "Separated at birth?" and appeared as J>3!l Plan now for Fall break and Holiday travel! access to theLawNewsrecords. Anxious of the April fool's edition of the paper m to show the absence of any 1990. impropri~ty, they asked the independent accounbn~ Ballantine said that just seven days U Travel Service • The Village Shops at Kingsmill• 1915 frrm of BOO Seidman to conduct an audit after the editorial ran, he and Dalton were Trail• Williamsburg, VA23185 of the 1989-90 fmances. approached by the president of the student ·certain restrictions may apply. Offer expires December 31, 1991. THE AMICUS CURIAE Monday, September 16, 1991 8 Equality can be achieved with incentives, not quotas this nation has prospered most where it has most closely year of employment of anyone hrred off the welfare adhered to its fundamental values: equality of opportu- roles. With some imagination this could even include Peter Dutton nity, incentive, and individual action. such costs as on site daycare for single parents. Another One clear example of this is the success the American tax idea with potential: parents could be encouragetl to military has had over the last few decades in equalizing look after their children's education by allowing a tax The words "affrrmative action" have become a pow­ opportunities for an individual to advance to his highest deduction for their children only as long as they continue derkeg ofemotion and political rhetoric over the past two potentialregardlessofrace. Themilitaryoffersequality to be enrolled in school. These are win-win solutions. decades. Unfortunately this unleashed passion has ob­ and enforces it to the fullest extent of the law. Advance- More individuals are employed and educated, and the scured not only the real issues, but real opportunities for mentislimitedonlybyindividualdrive. Theresultisthat government spends fewer tax dollars on welfare and solutions as well. During his nomination hearings before today the highest ranking military officer in the nation is teenage crime. More employment means more tax the Senate Judiciary Committee this week, however, an African-American. revenues to offset the increased education costs. Judge Clarence Thomas cut through the emotion and No quasi-constitutional racial norming of test scores Jack Kemp, at the Department of Housing and Urban rhetoric and placed the problem squarely before us so we or hiring quotas were required to achieve this type of Developmenthascomeupwithanotherplantoturnwhat might all confront its naked ugliness. "The problem," he success in the military, and none are required to achieve were once expensive federal housing projects into op­ said, "is that although the American constitution is color it in the private sector. If we are to continue to advance portunities for low income people to acquire property of blind, American society is not" toward our social goal of true equality of opportunity - their own. Access to such economic opportunities as Our society has fought the equality battle with itself and we must or we are a nation without a soul- then our these increases the choices available to that whole class for over one hundred and thirty years. Yet today we still political focus must be to structure strong incentives for of people who under previous policies were doomed to have a huge minority underclass. Statistics are simply individuals to act directly toward this aim. However, in unending reliance on government handouts. not required to drive home this point From Williamsburg keeping with the truths enshrined in our Constitution, This is not some return to laissez-faire capitalism. you need only make the two and a half hour drive to the these incentives ought not to be aimed specifically at Thisapproachpresumesaninvolvedgovemmentelected center ofour nation's capitol to see that the policies of the racial minorities, but at all people of any race who are by a people which chooses to look at, rather than away past have largely failed. Take a drive up Route 13 on the disenfranchised for any reason. As Justice Harlan said from, our nation's politically and economically impov­ Eastern shore, if you still remain a skeptic. You will see nearly a century ago in his ringing dissent in Plessy v. erished. It presumes a society actively involved in beautiful farms with neatly manicured white houses Ferguson, "Our constitution is color-blind, and neither fostering social change-change that comes about through surrounded by fertile fields. In between these farms you knows nor tolerates classes among citizens." incentives that reward the cooperative and punish the will see unspeakable poverty where families, mostly To this end of bringing about a more just society, belligerent. minority, live close to squalor. Although Judge Thomas Congress could, for instance, use its broad powers to Equality of opportunity. Economic incentives. Indi­ is living proof that the old policies of affrrmative action create incentives for social change through tax law. This vidual action. If given a chance they will work to have won some battles for equality, a drive through- take avenue has been used with some success in the past to enfranchise those who have been left out. American your choice - the city or the countryside makes it plain encourage employers to offer employee health plans, to society may not yet, like its constitution, be color blind. that we have not yet come even close to winning the war. promote the use of life insurance policies, and perhaps But our traditional values have proven themselves reli­ So what is our problem? I do not pretend to have all most successfully to encourage private home ownership. able in solving problems over the two centuries since our of the answers. I do not even presume to know all of the An auracti ve proposal in this area might be to offer a full nation was founded on them and, creatively applied, they questions. But I do know that despite our glaring failures business deduction for all costs associated with the first will serve us well to solve our problems today. Affirmative action is an opportunity to prove cotnpetence Supreme Court nominee Clarence Thomas stated the slight incentive, a glimmer of hope, for those minorities reality of the situation well one day during his contrrma­ or women who can meet the necessary qualifications for Belinda Hatzenbuhler tion hearing, "Even though our Constitution is color­ a job to believe that they have a chance to get it. blind, our society is not." Affirmative action programs can provide incentives Historically and presently, other methods of hiring, for young minorities and girls to become better educated. Ideally, America is the land of equal opportunity. such as cronyism and good-ol' -boy networks, have been Rather than believing that its too difficult or impossible Realistically, it's not. Our socio-economic stratification pervasive in some employment sectors. They have to enter some professions, they can expect an opportu­ promotes unequal treatmentofindividuals. Recognizing created divisive, exclusionary attitudes that are far more nity to..compete, once they get their educations. that we fall far short of our American ideal, affirmative damaging to any semblance of equality in America than Getting a job through an affirmative action program is action is a way to get beyond some of the malignant and ever could be perpetuated by such a benign measure as not like winning the lottery. It's only an opportunity to pervasive inequalities that hamper our society. affirmative action. prove that a minority or woman is as capable and com- Under affirmative action programs, a prospective, In an economic sense, I view affrrmative action as a . petent as the next person. Affrrrnati ve action employees qualified, racial minority or female employee can be way to alleviate some of the misappropriation in our must still meet the demands of their jobs. They are not given preference over an equally qualified, prospective labor force. Affirmative action efforts require employers t>eing given a free ride. The bottom line is that affuma­ racial majority male employee. The justification for to broaden the base of potential employees, thus provid­ tive action provides a chance for a minority or a woman such a program is generally couched in terms of remedy­ ing a way to include previously excluded groups in all to get a foot in the door that would otherwise be closed. ing past wrongs. To get beyond the problem of racial or sectors of employment. sexual discrimination, we may have to use affirmative America presently suffers from a lack of scientists and action to provide access to positions previously denied to PERVERTED, from page 2 engineers. It may be just a matter of time before the white racial minorities and women. majority, who traditionally fill these positions, will count Given America's strong Judea-Christian roots, af­ puts a woman victim on trial during a rape case. It is the itself among the minorities. Withoutaffrrmative action, frrmative action may also be viewed as an atonement for same one which allows date rape to continue unabated. we could become a nation suffering even more greatly our country's past sins of racial and sexual discrimina­ It is the same one which leads to similar incidents which from a shortage of individuals qualified for certain pro­ tion. In this view, those previously privileged may need cannot help but mar women, physically arrd psychologi­ fessions. to make some sacrifices so that in the future·such distinc­ cally, for the rest of their lives. While the rare individual may be able to pull himself tions as a person's race or sex will not need to be used in I leave each reader to decide how best to deal with the up by his bootstraps to overcome obstacles in life, that determining who should be chosen for a job. problem. Physically sickened by what I heard, I have leaves the rest of us in need of some help. Whether it is Clinging to the color-blind Constitution, one could chosen to relate the story as far and wide as possible in the in being nurtured by parents or prodded by teachers, claim that any type of discrimination on the basis of race hope that someone has an answer. Perhaps education somewhere along the line, most everyone is assisted. is wrong, but such a quick dismissal hides the real issue. will help. I believe that people like the graduate student Affrrmative action is just another way to help. It's a I met will continue to exist regardless of education. Perhaps, however, if more of us are aware that such "Crossfire" is a regular feature of the Amicus Curiae. It is an open forum for students to present views on people exist, even within the confines of our own insti­ controversial issues. Any student interested in writing on an issue for "Crossfire" should drop a note with tution, the attitude held by these people will not result in his/her name, year and topic in the Amicus hanging file. It is not necessary for a student interested in writing a repeat of the incident the student related to me. If such on one side of an issue to find a party to write the opposing view. Although "Crossfire" topics are subject incidents do happen, perhaps the individuals involved· to editorial approval, opinions submitted will not be edited by the Amicus staff. "Crossfrre" submissions will will find a population who will not tolerate such behav­ not be printed anonymously. ior. . __.. ... John V. Edwards THE AMICUS CURIAE Monday, September 16, 1991 9

Critics of Bush's foreign policy are digging their own graves we have expected Bush to drop his role in shaping these events domestic policy when what they Bush. The most recent Demo­ everything in pursuit of a na­ to ensure that America's inter­ really mean is that they disagree cratic foreign policy statement tional day care policy? During ests are safeguarded in the Post­ with his agenda. was its opposition to the Persian Jarrell Wright the Soviet Coup should he have Cold War world. If they have any better ideas, Gulf War. The last Democrat to been chairing a task force on Those who criticize the presi­ they have been keeping quiet have a real foreign policy was homelessness? dent for ignoring domestic pol­ about them. Maybe they don' t Franklin Roosevelt. And when According to the Democrats, icy also fail to recognize that have any better ideas. Could that was the last time the Democrats The "leaders" of the Demo­ Bush views himself as a Super­ President Bush has been very be why so few Democrats of advanced a domestic policy cratic Party, for lack of anything Secretary of State, manipulating involved in domestic issues standing have expressed an in­ agenda? One that worked, I better to do, have accused Presi­ nations like chess pieces on some throughout his term. His Crime terest in running for president? mean. Unless their party can dent Bush of neglecting domes­ global checkerboard. But Presi­ Bill was domestic policy pure Could that be why the last three come up with something a bit tic policy. Notwithstanding the dent Bush's apparent fetish for and simple. Bush has worked (soon to be four) Democrats to more promising, the Democrats fact that the Democrats have yet foreign affairs is simply a func­ very closely with Samuel Skin­ win their party's nomination have might consider whether they to formulate a convincing, cred­ tion of the events which have ner to develop a far -reaching set gone down in flames on Election should sit things out in 1992. ible, or even coherent agenda of occurred during his term of of­ of proposals to revise America's Day? Finally, could that be why They could use the rest - it their own, they argue that Bush fice. We would ignore these transportation policy. Also, in the Democrats have grasped onto won' t be long before they'll have has been spending far too much significant changes to our detri­ fulfillment of Bush's campaign Bush's foreign policy emphasis to find someone among their of his time and attention abroad. ment. A "New World Order" is commitment toeducation, he and as their only campaign issue to withering ranks who could com­ If the Democrats are hoping to emerging, whether we like it or Education Secretary Lamar AI-· date? pare favorably to Dan Quayle in use this issue to lure voters to not, and the only alternative to exander have offered a package Every time the Democratic 1996. their side in 1992 they would be direct and active participation is ofreforms to bring much-needed Party makes this criticism it drops well advised to use better baiL to be left on the sidelines after the improvement to our nation's another handful of dirt on its own Any bright line distinction dust has settled. Bush is to be schools. All too often, the Demo­ grave because this issue plays Jarrell Wright is a third-year between foreign and domestic commended, not condemned, for crats accuse Bush for neglecting right ·into the hands of George student from West Virginia. policy must be based upon an antiquated and isolationist per­ spective of world affairs. In a world as interdependent as ours, what happens abroad inevitably Another view affects what happens at home. No "domestic problem" is with­ out its international component, and no global development fails to touch us within our own bor­ ders. Any effective resolution of the drug problem must include concerted action in Central America and the Far East. The ' · spawning of democracy and capitalism in the Soviet Union and Eastern Europe presents new , opportunities for investment, which could be of enormous , " benefit to our ecoriomy. Un­ '<;'\;""" stable or tyrannic regimes in the oil-rich Middle East, if left un­ ~ challenged, have the potential to hold our nation hostage. Oppor­ '-) tunities for lasting peace in sev­ eral regions of the globe offer us - a chance to restructure our rela­ (:0 tions with other countries, and to restructure our priorities at home. Foreign policy is domestic policy. Perhaps one of the rea­ sons why a Democrat has not won a presidential election since 1976 is that the Democratic Party has failed to grasp this concept. A president ·must be respon­ sive to the central issues that arise during his term. George Bush has presided over a period of unprecedented global change, so it is hardly surprising that he would place most of his empha­ sis on foreign affairs. What else would we expect him to do? When the Berlin Wall fell, should

- -- .. - - . . . - .. ~ - - . £ • .. .. - - - • - • - ... .. - • • .. - • - - .... -- .. " I -. .. ,. 10 ======Monday, September 16, 1991 1HE AMicus CURIAE Ask Miss Demeanor By MISS DEMEANOR And, in light of recent int~rnational follow the example ofsome your class­ Fridays. The faculty noted an alarm­ What a joy it is to return to the events, is it okay to use "comrades" mates who seem to feel that they owe ing group of symptoms among these Happy Students at Marshall-Wythe! I in a letter? allegiance only to their own class rank­ students: bloodshot eyes, hushed tones am terribly sorry to have missed the Overwhelmed by Hallowed Halls ing. Given the swiftness with which and an inability to remain awake in first issue of this lovely publication, some have learned to steal precious Constitutional law. Some poor souls but the heat in Virginia is so oppres­ Dear Overwhelmed: and valued study aids, your class shows suffered so much they had to forego sive in August, I simply couldn't bear It is obvious that I should have a remarkable reverence for this deity their single Friday class altogether. to end my vacation until the time had returned to Marshall-Wythe in time already. As the faculty noted that there come to put away my white shoes for for Law Camp, for I see by your letter Additionally, "comrade" is a per­ seemed to be no cure for these symp­ another season. From what I hear, that insidious forces have once again fectly lovely word to describe those toms, save large amounts of sleep and many in the third year class encoun­ been at work within the law school. whom you outwardly appear to like, aspirin, they gallantly implemented a tered the same problem. I see that in Unfortunately, you have fallen victim but cannot truthfully call "friend". bold prevention plan. The scheduling my absence, many pressing matters of to a form ofsocial engineering which, Much as your comrades may try to· committee rushed into action and law school etiquette have arisen, so no matter how benevolently intended, persuade you, it is doubtful they can scheduled an additional two classes let's turn now to your queries. I feel I cannot condone. ever be your friends if they have no on Fridays in the fervent hope that this I refer ofcourse, to the efforts ofthe time for anything save preservation of years entering class could be spared. Dear Miss Demeanor, Legal Skills staff to create instant peer their ranks. Unfortunately, even this measure During law camp I was randomly groups for new students through the has not saved a hapless few. Their selected to join a particular ''law "law firm" concept As I understand Dear Miss Demeanor: appearance and demeanor on Fridays office" and this - along with the it, the people within your"fmn ~· were I'm a first year and want to know should serve to remind you and your heady excitement of being away chosen after a compilation of highly why we have three classes on Fri­ comrades of the great service the from college for the first time in a complex statistical data which, when days 'til 2:30? scheduling committee has done for strange new place -caused me to distilled to its essence, resulted in P.O.'d (lL) the class of '94. · form an extremely tight-knit close your being grouped in a "firm" with ***************** circle of friends. Now, after a few people who are roughly your own age. Dear Miffed: Questions concerning law school weeks of real classes, the first letter As in any other social setting, you will In its infinite wisdom, the official etiquette may be addressed to Miss of my last name has thrown me in soon learn whether or not you truly scheduling committee was compelled Demeanor and left in the Amicus Cu­ with an entirely different group of have anything in common with these to take this drastic step in response to riae hanging file. Letters can be anony­ extremely tight-knit comrades. To people. a perceived problem in last year's first mous, and will remain that way unless which group do I owe allegiance? I can only hope that you will not year class, who had only one class on Miss Demeanor figures out who you are. Beethoven's Top Ten reasons '91 gradshaven'tleftyet a Cafe--deli By GREG BRUMMETI featuring 10. Continuing romantic attachment to a current student. Reubens,Sailors,Eee~oven, 9. Hopes of establishing a romantic attachment to a current student. Mozart, Corned Beef, & 8. Hired by Dean Kaplan to provide additional incentive for current Pastrami. students seeking employment. Also N.Y. Cheesecake, 7. Slept through graduation, hoping to try again next spring. Homemade Soups and 6. Still haven't been in every building at the Pottery. Lasagna. Our Famous 5. Really thought 89 hours would be enough. French Onion Soup Au 4. Getting psyched up for an LL.M. Gratin (nightly) 3. Still haven't figured out this "think like a lawyer" business. 2. Trying to make parents really crazy. } ihrthourn ·.a 1. Hoping to be selected as a Client "E" for Legal Skills.

•~ 7 • -. IDillt Liability-A -Go-Go!!!!! ~ a Cafe-deb Join us and relax with good food in a pleasant First-year study aid: Mid-term hypo classical music atmosphere. By KEVIN WALSH hands, etc., etc ... ) quite clear that attendance is man- First-year students are often Law School X is doing renova- datory. A. is walking by the curb 467 Merrimac Trail (Rt_ 143) anxiousbecausetheydon'tknow tions around its school and has been because no sidewalk has been pro­ q::e:Ill am Surrlays nxn what to expect when exam time forced to temporarily move the offi- vided, when he is hit by a car and 229-7069 finally rolls around. As a public cial student parking lot a further dis- thrown into the dirt nearby. The service the Amicus Curiae is pro- tance from the school. Students who driver later says that he was paying vidingthefollowingsampleTorts use the lot-who paid $50 for the attention, but he just didn't expect Now featuring a hypotheticalquestiontohelpstu- privilege-must now walk for three somebodyto bewalkingintheroad. dents get a start on exam prepa- or four minutes to get to the lot. The Injuries from the accident kill A., daily special for ration. (fo Professors LeBel and walk includes a stretch of about one thus bringing a temporary halt to Hardy:theAmicusCuriaehereby hundred yards along a busy road the development of an otherwise William and Mary grants and relinquishes all rights where no path has been provided. promising legal career. . and copyrights in the aforesaid One day, one of the law students, Students with hereinafter question, quod erat A. Retentive, is walking from the Question: What liability, if any, demonstrand_um _you may use it parking lot to the law school, trying will the school have for A. Reten~ current I.D. on yourexammat:Ions, wherefore, to make it to one of his classes. The tive's death? hereby, witnesseth, sealed, by our professor in this class has made it Monday, September 16, 1991 THE AMicus CURIAE ======11

Naugahyde by Dickinson

Meet ''Felicity," the $80 doll fron1 old-time Williamsburg A valuable learning tool or another example of yuppie excess? By GREG BRUMMETT other accoutrements for the 18-inch Parents and educators find this in- other toys do not provide. Almost 12,000 people visited Wil- doll. terest in reading, history, and imagi­ Whatever their opinion about the liamsburg this summer to attend "Fe­ This, as well as the availability of nary play a welcome change from wisdom of those who purchase the licity'sElegantTeaParty," a series of matching outfits for doll owners, has MTV and video games. The 18 sto­ dolls, critics cannot deny Pleasant parties held to introduce the latest doll led some critics to hold Felicity and ries deal with many of the fonnative Company's status as a toy-world suc­ in the" American Girl Collection" from the other" American Girl" dolls out as events in a young girl's life, such as cess. Founded in January 1985, the Pleasant Company. The doll is adver­ yet another example of yuppie excess. birthdays and holidays, while cele­ Wisconsin based company has grown tised as being representative of a Wil­ Others, especially in Williamsburg, brating the child's identity as a girl rapidly with 1986 sales of $1.8 mil­ liamsburg girl in 1774. have criticized the historical accuracy rather than as a young woman rushing lion rising to just under $50 million About 6000 girls aged 5-14 attended of the Felicity doll and the related toward adulthood. Some parents have for 1990. The most recent mailing of the series of special events which in­ story books marketed by Pleasant said they appreciate the fact that the the company's catalog went to over cluded a play, a fashion show, and a Company. Felicity joins Samantha, a dolls are girls rather then defonned 16 million addresses and the tea in fonnal tea. According to a Colonial rich orphan who lives in New York women (Barbie), mutant babies (Cab­ Williamsburg was attended by girls Williamsburg (CW) spokesman, the City in 1904, Kirsten, a pioneer girl bage Patch Kids), or violent reptiles from every state except North Dakota. 24 sittings of the tea party attracted from the mid-1800s, and Molly, a (Teenage Mutant Ninja Turtles). Future offerings from Pleasant more visitors than any other event in middle-class girl from the 1940s in Pleasant Rowland, the founder of Company may include a black doll in the history of Williamsburg. the company's line. Pleasant Company, rejects much of the period of the Civil War, a native The ticket prices, $50 per child and Those who defend the dolls point to the criticism about the price of the American, an Asian American doll, $30foreachaccompanying adult, were the series of books that trace their dolls as unfounded. When compared and perhaps even some historic Ameri­ in addition to admission to the cost of adventures various historical settings. with $1 00+ Nintendo units, $40 game can boy dolls. admission to CW, and the $80+ price Many school libraries find it impos­ cartridges, or a $400+ Barbie palace, Whatever the future may hold, of Felicity herself. But the tea parties sible to keep any of the 18 books on the $80 dolls seem much more reason­ Pleasant company has achieved suc­ were just the beginning. Pleasant their shelves and young readers often able. The "American Girl" dolls also cess in three highly competitive mar­ Company also offers over $700 worth take it upon themselves to invent ad­ nurture young girls' creativity and their kets- toys, publishing, and clothing of additional clothing, furniture, and ditional adventures for their dolls. sense of history, benefits that most - by offering an integrated product with historical and educational foun-

Collect them all! This week: Robber-barons of Marshall-Wythe! More clip 'n' save Marshall-Wythe trading cards ~------~

Tim Missy Wendy • •

THE AMICUS CURIAE Monday, September 16, 1991 12

over the summer, and has taken over servicing of the machines. Bushrod competition begins Friday Scheduling problems, which have been blamed for frequent problems with the The preliminary rounds of the 1991 Bushrod T. Washington Moot Court Tourna­ dollar bill changer, are now under control, according to the company. Students who ment will open Friday, with 94 students from the second year class slated to compete. encounter problems with the machine are encouraged to call CRH at its toll-free Although all rounds are open to the public, spectators are usually most interested in number in Norfolk 1-800-359-1352. The number is displayed at the top of all of the attending the quarter-final, semi-final and final arguments. machines in the lounge. Quarter-final arguments in the tournament will be held on Saturday, September28, from 9:30 to 10:45 a.m. Locations for the arguments will be posted on the tournament board in the lobby. Semi-final arguments will be held immediately afterwards, in You don't need a date ... · Rooms 124 and 127. Most of the details for this year's annual Fall From Grace are set, according to The final round of the tournament will be argued in the Moot CourtRoom from 1:00 Tammy Moss,(2L) SBA social person. November 2 is the date slated for the semi­ to2:30 on Sunday, September29. Judging the fmal round will be Virginia Supreme formal dance/lushfest to be staged the Student Center Grand Ballroom from 8:30PM Court Justice Barbara M. Keenan, United States District Court Judge T.S. Ellis and the to lAM featuring a live as yet unnamed band and an open bar. Honorable RichardS. Bray of the Virginia Court of Appeals. Moss stresses that the event is open to both disgruntled singles and happy loving couples: "You don't need a date," she states emphatically. Of course, Tammy won't be there alone. Save those rejection letters! Tickets for the Fall From Grace will be priced at $20 if purchased in advance and As the recruiting season enters high gear, Dean Kaplan wishes to remind students $25 at the door, for couples. For singles the cost will be $10 in advance and $13 at the to save their entries for the annual Platinum Plunger Awards. With the job market door. tighter than ever, this year should provide stiff competition for the many students who As a side note, Moss is considering selling T -shirts commemorating the event. Any covet this prestigious award. interested artist-types should contact her if willing to draw up a design. Moss also Last years winners included Stephanie Rever (3L), who received multi pie rejection requests that persons contact interested in joining the Social Committee contact her via letters from not one but three firms within the course of a single week last October; hanging file. Annette Elseth ('91 ), who was invited by the U.S. Department of Veterans Affairs to - Gregg Schwind apply for either a Clerk-Typist or a File Clerk position; and Sonya Spielberg (2L), whose application for an unpaid position as a clerk resulted in a rejection from not only the judge she applied to, but every judge in the Federal District Court in Norfolk. Afl. crab fest Those vying for the Plunger will be asked to submit their entries in late March or The Phi Alpha Delta Legal Fraternity will be sponsoring its Second Annual Crab early April of next semester. In the meantime, students should keep their eyes open for Fest on September 28, 1991. Last year the event, featured "all you can eat" crabs and possible contenders for this distinguished award. plenty of beer and soft drinks. Advance tickets will be required and can be purchased for $8.00. A sales table will be set up soon in the law school lobby. For those who wish to join Phi Alpha Delta Eat with the Prez (P.A.D.), the entrance price to the crab fest will be waived. College President Paul Verkuil will host a series of luncheons for small groups of Studentsa who want more information about P.A.D. or the crab fest should contact students at the President's House this semester. The luncheons are designed to give Will Stoycos (3L) or Sandy Rizzo (3L). students an opportunity to meet with the President informally. Luncheons are planned for September 24th and 30th, October 9th and 29th, November 7th, 12th and 20th, and December 3rd. Interested students may sign up on Faculty committee seeks student opinion an individual basis by calling the President's Office at 221-1693 or stopping by Room Students are encouraged to submit comments about faculty members under review 10 in Hall to make an appointment with Verkuil' s secretary. for promotion and/or tenure. The Faculty Status Committee is interested in student Verkuil is especially interested in lunching with those students who will not have input regarding three candidates. an opportunity to meet with him as a part of their regular schedules. Associate Professor Jayne Barnard is eligible for promotion to full professor, Associate Professor Neal Devins is up for tenure, and Assistant Professor Susan Grover Vendorama is a candidate for associate professor. The deadline for written statements pertaining to these faculty members is October Several students have complained recently about poor servicing of the vending ma­ 15. Please submit all comments to Professor Koch. chines in the student lounge. A new company, CRH, purchased Ogden Allied Services Computer Consultant Lab Hours Monday Tuesday Wednesday Thursday Friday Sunday 8 a.m. to 2 p.m. 8 a.m. to 12 p.m. 8 a.m. to 2 p.m. 7:30a.m. to 9:30a.m. 8 a.m. to 10 am. 7 p.m. to 11 p.m. 7 p.m. to 11 p.m. 10 a.m to 12 p.m. • Ca"el is located outside the computer lab • additional hours will be scheduled as necessary • if you need something contact Todd Pilot (I L), Greg Brummen (3L), or Morgan Smith (2L).

Wendy Voss THE AMicus CURIAE Monday, September 16, 1991 13 Cinema review: Dead Again exemplifies Branagh's genius By G. MATI'HEW WARREN ported back in time to the darker hues of broad strokes and sucking the viewer in Again" is nearly a masterpiece of directo­ Kenneth Branagh's new film, "Dead a Los Angeles filmed in black and white. through clever and subtle manipulations rial braggadocio. Again,"beginswithawhisper. Theviewer Here we learn the fate of Roman and of suspense, that when he pulls away Don't get me wrong; the director has is witness to the whisper, aware of its Margaret Strauss, who, ominously enough occasionally to parody his own genre, the plenty of support Thompson, in her dual import even, but the content remains stub­ for the audience, are played by Branagh implausibility becomes part of the joke, roles as Grace and Margaret Strauss, does bornlyoutofearshot Thecuriositywhich and Thompson respectively. As we have and indeed the breathtaking aspect of the incredibly well for the little she's given. results is the stuff that suspense is made. learned from the introduction, Roman was film. Derek Jacobi, as the quirky hypnotist, of. executed for the murder of his wife, As director, Branagh constantly ups admirably squeezes his juicy role for all Someone once asked Alfred Hitchcock Margaret. Since the present-day relation­ the ante. He takes chances. At every tum its worth, and Andy Garcia shows up what made great suspense. He pointed ship of Grace and Church soon turns in the plot, there is a melodramatic pound­ along the way as a frazzled reporter in a not to actual plot but instead to the tension romantic, the crucial question for both the ing of piano chords. The camera spins performance which comes close to out­ between what an audience knows and characters and the audience ultimately around the room during a hypnotism scene. shining Bruce Willis' work in "The Bon­ what the characters must discover for becomes whether fate is strong enough to He switches back and forth in time not fire of the Vanities." Even Robin Wil­ themselves. transcendreincamation. Hereis the time­ subtly, but audaciously, boldly using black liams, who these days seems to be becom­ Take, for example, a man and a woman bomb under the table. and white for the scenes from the past. ing almost too serious an actor, demon­ sharing dinner in a quiet restaurant. For If the whole concept seems ridicu­ In almost every instance, the director strates that he has retained his comic form argument's sake, imagine that they are lously implausible to you, well, it is. comesupawinner. Withonedaringwave in an uncredited performance as a down discussing-oh, I don'tknow-Windex. Branagh' s genius stems from his ability to of the hand, Branagh has proven that and out psychiatrist. And let's not forget The woman points out the pros (clean shape that implausibility into an effective "Henry V" was no fluke. Even if the film Branagh' s contribution in his role as ac­ windows, presumably) while the man tool. The implausibility is just part of his breaks down in the end, as it arguably tor. His American accent might struggle, counters each pro with a con (streaking, game. Branagh does such a fme job of does, it almost redeems itself with its own but at least he never loses his sense of perhaps). A reasonable audience could rounding out his characters in aggressive grand ambitions. If nothing else, "Dead humor about it only react with boredom. Put a time­ bomb under that table, however, and we Dancing About Architecture got a story. Watch as the audience gasps each time the man's leg brushes against Stnithereens' BloW Up: Bland bubble. gutn the time mechanism of the bomb, groans impatiently with every word regarding By KEVIN WALSH Dress," sounds like a_rewrite of Eric Clap­ rangement and female back-up singers. In "Get A Hold of My Heart" DiNizio's the economic benefits to the ammonia About five years ago, ton 's"Wonderful Tonight." That wouldn't plaintive vocal brings just the right amount industry. From out of nowhere comes burst out of the New York club scene with really be a problem (the Smithereens are suspense. The problem for the director is Especially For You, one of the perfect pop nothing ifnot excellent at echoi~g the feel ofdesperation to the chorus and the strings add a vulnerable touch, despite the claus­ maintaining that tension without becom­ albums of the 1980s. The group boasted ofother people 'srecords) butitjustsounds ing tedious or subverting his characters to strong songwriting, tight harmonies and too stiff and rote to be successful. trophobic guitars. This isn't to suggest that Blow Up is AsafewofthesongsonBlow Up make the mechanisms of the suspense. muscular playing, as if the Who had been entirely without merit. The Smithereens plain, maybe the Smithereens are better One of the particular gifts of Branagh, asked to play a set of great unreleased play with an energy and conviction that is than the heavy-metal sing-alongs they've as demonstrated in "Dead Again," is his Beatles songs. Pat DiNizio wrote effec­ hard to resist The best song on the record, been turning out lately. Maybe they'll ability to place time-bombs under all the tive songs (like "Strangers When We "Too Much Passion," is a Motown-ish come to that realization before their next tables in his restaurant without the film Meet" and "Blood and Roses"), songs workout, complete with a tidy string ar- album. Maybe. self-destructing. He does so by walking a about the psychosis of heartbreak that taut and dangerous line between dead­ avoided.the regular cliches. seriousness and self-parody. The unheard Blow Up, the Smithereens' fourth al­ whisper which starts the film is just one of bum, finds the Smithereens stuck in a rut. many instances in which Branagh creates There are bright spots, but overall it is a Good Music genuine suspense and then good-naturedly disappointment. mocks the audience for its interest and The album starts with "TopofthePops," curiosity an hour and a halflater when the a song about a guy whose wife runs off Great Prices secret is revealed. with someone in a band. Anyone who has If suspense has both internal and exter­ heard the band's last album, 11, will rec­ The lland llox has the lowest prices on nal workings, Branagh and his crew have ognize "Top of the Pops" almost immedi­ found a knack for turning that machinery ately, since it's a sound-alike for the band's Compact Discs and 'Htpes in the area. inside out, ad infuiiturn. In the end we near-hit, "A Girl Like You." Both songs find ourselves alternately gripping the are bland slices of bubble-gum heavy arm rest and laughing at ourselves for metal with a shout-along chorus. DiNizio ConlJ>act l.Jiscs 'fapes Video being so involved. Even more admirably, has a way with a hook and the song is he enables his characters to rise above the certainly lyrically interesting and melodi­ Blanl{ 'Iape Music Accesories mechanics of his plot, no mean accom­ callyinventive, but it's buried under slabs plishment in a story that twists and turns of over-amped guitars. What they proba­ as often as this one does. The result is an bly think sounds "Who-like," unfortu­ often breathtaking ride which shows its nately sounds more "Motley Criie-like." We buy & sell working and straining only at the end Too much of Blow Up follows this used CU's. when Branagh is forced to make a choice pattern. Songslike"GirllnRoom 12" and between self-parody and an honest reso­ "It's Alright" would really benefit from a Mun.-Sat. 10-9 lution. simple toning-down. "Get A Hold of My Sun. 12-6 As scripted by screenwriter ScottFrank, Heart" is a great song that suffers from the story vacillates between Los Angeles being smothered in power chords. of the 1940s and its present day counter­ "Indigo Blues" is a free-for-all bar­ .part. In the present, a mysterious woman band jam, featuring Los Lobos's Steve THE 111111111111111111111111111111 (Emma Thompson), mute and with no Berlin on saxophone, that sounds unfin­ discernible memory, shows up at the local ished. What does "I want you to know/ abbey. The charitable Mike Church About my indigo" mean anyway? And BAND D (Branagh), a hard-boiled detective along why does he keep saying it? Sure it's fun the lines of Philip Marlowe, is enlisted to to say, but it's completely shallow lyri­ investigate the origins and presumably cally and we have reason to expect more horrifying past of Grace (Emma Th­ from the Smithereens than a song that's 517 Prince George St. 229-8974 ompson), a mute amnesiac. It is through fun to shout along with in the car. the hypnotism of Grace that we are trans- The obligatory slow song, "Evening , ...... 14 ======Monday, September 16, 1991 THE AMicus CURIAE Book review The Firm: Harvard law student turns secret agent By KEVIN WALSH be pointless. Bendini is, of course, not The Firm by John Grisham what it seems and McDeere, after teaming Doubleday, 1991 up with the FBI, decides to do something $19.95 I Hardback about it. One of the baffling things about At the law firm where I worked this thebookisMcDeere'salmostinstanttrans­ summer, there was only one other clerk. formation from hard-working first-year Finding that we had similar interests and associate to scheming James Bond-wan­ attitudes toward work, we became close nabe. Yes, he's supposed to be brilliant friends and confided in each other regard­ and hard-working, but the reader is left ARE YOU EVER ing what was going on at the firm. I soon wondering where he got all his secret discovered, however, that she was com­ agent training. Maybe it's the Harvard pletely paranoid about saying anything Law degree. PRESSED FOR TIME? negative about the firm in our offices. The Firm is one publisher's obvious She was afraid that they were bugged. attempt to cash in on the market for sus­ She was sure we were being watched. penseful law stories created by the suc­ It turns out that she had read The Firm cess of Scott. Turow 's recent successes. I © the week or so before coming to work. Beside McDeere and his wife, all the BE'NPERFECT The week after I finished work, I read it characters are pathetically one-dimen­ too and now I understand her fears. sional. These "StepfordLawyers" stumble The Firm is about a law student named through a plot that aspires to labyrinthine Mitchell McDeere. He's third in his class complexity, but is just confusing when it The Perfect Word at Harvard, married to a beautiful woman, isn't predictable. When they talk, the and all the top firms are knocking down dialogue is stiff and artificial. Processing Service his door offering him jobs. He's also got Instead of cleverly extricating his char­ an unjustly imprisoned brother (who looks acters from difficult situations, Grisham Specializing In the Following: exactly like him) and, oh yeah, a dog too often resorts to the perfect coinci­ named Hearsay. When an offer comes dence; at one point, the one person who • RESUMES from a low-key Memphis firm called can blow McDeere 's cover turns out to Bendini, Lambert & Locke that blows all have had a bad experience with the police • LETTERS the others away ($80,000 a year, a new in his younger years and has a problem BMW, payment of all student loans, a with authority. So he doesn't tum him in. • MAIL MERGES low-interest mortgage loan for a house­ Come on. Grisham leaves too many unre­ salivating yet?), McDeere takes it. solved plot contrivances at the end of the • ADDRESS ENVELOPES The first 100 pages of The Firm docu­ novel and the reader gets the feeling that • RESEARCH PAPERS ment McDeere's first few months at Grishamjustforgotabout them in his rush Bendini. He works like a man possessed, to be the Legal Ian Fleming. •FAX breaking all firm records for first-year Some have suggested that The Firm associates, and the firm keeps a close eye might make a great movie, and they were • COPYING on him. A really close eye. We're told right. The problem is that it will be more • LASER PRINTING that an evil man named DeVasher occu­ like "Die Hard" than "To Kill A Mocking­ pies the whole fifth floor of the firm's bird," which should give some clue as to offices and monitors every attorney's the depth of the novel. I'd be lying if I every move. All the offices are bugged. didn't say it kept me interested. It is a With our state-of-the-art IBM-compatible Cars and houses are bugged. People fol­ page-turner, for certain, but it is not a computers, laser printer and large volume low the attorneys around with video great novel about lawyers. of laser fonts to choose from, we can pro­ cam'eras and film them. At one point, IfTurow's Presumed Innocent or Bur­ De Vas her even watches McDeere and his denofProofwerelaw textbooks, then The duce amazing printed jobs for you!!! wife as they have sex. Firm would be a "Nutshell." And perhaps To summarize the rest of the novel it's fitting that I end on that strained meta­ would be as time-consuming as it would phor. We can provide all of this and much much more, Quickly, Efficiently and at a Reasonable price. European Common WE CAN MEET YOUR Market & Bakery DEADLINE!!!! BE'N PERFECT 1001A Richmond Road Williamsburg, Virginia 23185 (804) 229-8045 FAX (804) 229-1004. If our products were any better they would be illegal. lOo/o OFF WITH

4854-17 Longhill Road •Williamsburg • 220-9596 THIS AD Monday, September 16, 1991 THE AMicus CURIAE======15 Video reviews Two new films about law and lawyers By MICHAEL REYNOLDS Congress with the backing of a tim and defendant along in their Blind ambition, friendship shady businessman (Mandy journey through the system. and betrayal are the focal points Patinkin). This movie is largely realistic of the recent video release True While True Colors is rather with fairly good writing, acting, Colors. The story centers on the entertaining, it is a bit unrealistic and directing. However, Crimi­ lives and careers of two young and somewhat pretentious and nal Justice seems to sacrifice a men who room together their overblown. The fllm has some little too much drama and ex­ first year in law school at the good moments, often due to Cu­ citement in the name of realism. University of Virginia. John sack's acting, but it never quite It is an interesting and educa­ Cusack portrays the very driven rises to the dramatic (or even tional movie in many regards, Peter Burton who comes from a thematic) heights at which it aims. but it offers almost nothing that very modest background of The betrayal of the friendship for is new or provocative in terms of which he is ashamed. Burton's the sake of getting ahead offers a the justice system as a whole. roommate and soon-to-be best very negative and sad view of The film comes across as neither friend is Tim Garrety, played by both relationships and the drive an indictment of the legal proc­ James Spader. Garrety has had a to make something of oneself. ess nor a flattering portrayal. privileged upbringing and even Nevertheless, for a video rental Thankfully, the movie does dates the daughter of Senator it's nota bad choice, and I'd give depart from the all-too-common Stiles from Connecticut (Rich­ it three out of five stars. portrayal of lawyers as either ard Widmark). Although the Forthoseofyou who just don't good and righteous heroes or movie is presumably about both get enough law at school there is sleazy and clever villains. On men, it really concentrates on another fairly recent video release the other hand, there is very little Burton, whose desire to get to that takes a look at the legal sys­ character examination or devel­ the top leads him to drop out of tem in a big city. In Criminal opment, and that· is somewhat law school and work for the Justice, Forest Whitaker convinc­ disappointing considering the Senator. Garrety goes on to ingly stars as an ex-con accused acting talent involved. graduate and work for the Jus­ ofrobbing and slashing of a drug­ Criminal Justice does not try tice Department while Burton using prostitute (Rosie Perez) in a toansweranytrulydifficultques­ ,. moves up fast on Capitol Hill, crack house. The story basically tions, but it might have benefit­ .. Bobby Carll 'I using somewhat questionable follows the accused as he winds ted from at least asking more Second-year students Matt Rea (left), .,,, means and contacts. Eventually his way slowly through the over­ such questions in the context of James Creekmore (right), and Joe !I the two friends end up on a col­ burdened "justice" system in the criminal justice system and Somerville (on base) wait for some action .,,. lision course that begins when Brooklyn. Jennifer Gray and the characters we are shown. It at last Friday's rain-soaked M softball 'II Burton, rather than Garrety, Anthony LaPaglia portray the is a good video rental, nonethe­ game. I' marries the Senator's daughter prosecutor and legal aid attorney, less, and I'd give it three out of ,. ,," and ends when Burton runs for respectively, who guide the vic- five stars. •l

10% .Discount on all food orders with college I.D.! Bassett's Restaurant 207 Bypass Road • 229-3614

Join us for great food! • Open 11:30 a.tn. to 2:00 a.tn. every day • Kitchen open late • Fresh, local seafood ... Grilled steaks ... _ ~ ':-;t:.t.~~? ~ • e tctous san wtc es . . .

. ·. .. --. ~ ~~J~~ Daily lunch and dinner specials 16 ======Monday, September 16, 1991 THE AMICUS CURIAE Campaign statements of candidates for first­ year Student Bar Association representative dollars. I did presentations to scientists, engineers and corporate executives on Gina A. Love IBM's directions as they related to technical computing. I found the work to be extremely rewarding. However, I was never quite able to overcome the My name is Gina Love (yes-that is my real name). I am a 1988 William desire to learn the law. I am quite interested in hiw as it relates to information and Mary grad who has spent the last two and a half years as an asbestos systems and would like to work in this arena at some time. litigation paralegal for Thompson, Hine & Flory in Oeveland, Ohio. (Well, at I was paid to be a project manager at the IBM corporation and proved that least I know what I don't want to do when I get out of here.) I was more than capable of initiating and managing significant events. I came to William and Mary again not because of the extensive night life but However, the intangible characteristics you will need to evaluate your nomi­ because I loved the area and have always been impressed with the calibre of the nees on like integrity and interpersonal skills are best assessed by sitting down law school (and the Green Leafe). and talking to the candidate. I will be working in the law school computer I have met quite a few of you and from what I can tell, we have a great first year class and we are going to have a great first year, socially if nothing else. center most mornings and encourage you to stop by and determine for I must admit, I have never run for student government before but don't let that yourselves that Todd Pilot should be your choice for SBA representative. minor detail stop you from voting forme. Why? Because I think I can do a good job representing out interests to the rest ofthe school and the administration and I am excited about doing all that I can to make this year as enjoyable as it can David Delk be under the circumstances. Here's to a good year! Thanks. My name is David Delk, and I am looking forward to representing the first year class in the Student Bar Association. I have various leadership experience in numerous student organizations at the University of Virginia, but I feel that Steven Meade certain qualities denote an effective leaderno matter what the position. Student What are the requisite qualifications for a successful SBA representative? government is exactly what the name implies, student-run government; there­ There are many opinions but one important answer is commitment. To be truly fore, representatives to the SBA need to be approachable, reliable and dedi­ effective as a 1L SBA representative, there must be a commitment to the goals cated to other law students. and needs of the organization. But the commitment must be more substantive The Student Bar Association works to promote and coordinate the numerous than a mere desire to be part of the organization. It involves a willingness to organizations and extracurricular activities at the law school. A representative accept the time requirements and perform the necessary work. I have the desire of the SBA must be receptive to new ideas, suggestions and criticism. and determination to be a success as alL representative to the SBA, and I will Reliability requires dependability and trust; as a class you should feel comfort­ make the necessary commitment to be a productive and effective representa­ able with your representatives' ability to appropriate funds and their knowl­ tive of the class of 1994. edge of SBA activities and procedures. Reliability stems from dedication; a Many of us have the experience of serving as members of student govern­ dedicated representative will not cut comers or fail in their appointed duties. ment at the undergraduate level. Almost all have some knowledge of the I feel that I can provide this type of necessary leadership in representing our first requirements and common expectations of student governments. My personal year class. experiences during two years of working with self-government groups has I have already met a great number of my fellow lL's, and I look forward to convinced me that commitment and attention to detail are the key ingredients meeting even more of you. If elected, I believe that I can exhibit these qualities of an accomplished student government representative. described above and promote activities in the SBA which enhance the law As a recent graduate of the University of Virginia I have the experience of school experience for our class. No matter who is elected, however, I hope that working within a large community and with large numbers of people. But I all members of our class would get involved in some aspect of the law school have also had exposure to working with a small community of students and a outside the classroom in order to experience the many different aspects of quite different set of expectations. I am confident of my ability to adapt to the Marshall-Wythe. conditions of Marshall-Wythe, the requirements and needs of the SBA, and the conditions inherent in our specialized community. I ask for your support in the election and offer my commitment to work for Laura Livaccari the common good of our law school. Laura Livaccari, Boston College, '90, Marshall-Wythe, '94(?!?). Contrary to the horrors depicted in "One-L," law school seems to be a place where it is possible to focus on more than just Torts or Civil Procedure. In an environment Todd Pilot which breeds stress, it's important to be involved in activities and organizations Soon you will be asked to cast a ballot for your choice of Student Bar that provide a healthy release. As an SBA representative, I would like to ensure Association (SBA) representative. You will probably ask yourself what these that there are activities which suit the diverse needs of our student body. I am · people are expected to do before you will be willing to tackle the principle enthusiastic about making the next three years as rewarding and pleasurable as question of who to vote for. I will attempt to discuss qualities essential to doing possible, and I welcome the opportunity to discuss any suggestions or ideas an effective job as a representative and illustrate why Todd Pilot should be your with each of you. · choice as a first year representative on the Student Bar Association. Please vote on Tuesday, September 17th! The SBA shares responsibility for many important tasks. Most nota)?ly, the SBA allocates funds to other law school organizations, elects honor council members, members serve on the admissions council and social, professional Tara Flynn and educational forums are arranged by SBA members. After evaluating the ~y n_ame is Tara Flynn. I graduated from Williams College in 1989. I was . responsibilities, you will probably agree that the skills needed to best serve a htigauon paralegal for two years at Cravath, Swaine & Moore in NYC. these functions include a significant degree of fiscal responsibility, interper­ I decided to come to William & Mary Law because of its strong reputation sonal skills and a genuine desire to work for a productive and enjoyable law and because I w~ really impressed with the friendliness and energy of the school environment. students I met dunng the prospective weekend in April. My degree is in Physics. I spent a couple of years working with NASA on I haven't met everybody in our class yet, but so far I'm really psyched about LASERs before I surrendered to an innate desire to work with the public. I then how gre~t we a:e and I'm really glad to be here. Although I do not have a lot took a position with the IBM corporation as a scientific computing specialist. of expen~?ce rn s~dent gov~mment, I'd like to be a class representative I worked on a small team with an average annual objective ofthirty- five million beca~se I know With substantial certainty" that I'll do a good job conveying your Ideas and concerns to the_SBA and I also think that this would be a great way to get to know the first year class. \ifonday. November 11. 1991 THE AMicus CURIAE ======17 Flashy Students Frolic at Fall From Grace Phoros by Greg Brummen

-

Dave Arnold ponders thebrilliant smiles of his spouse Jane Taylor and friends, Michelle Joseph, Stephanie Rever and Michael Chu.

Casper (NOT a law school band) kept the crowd on its feet as hapless boogiers sloshed their cocktails onto the dance floor.

Recently married John Edwards caught in a public display of affection with his stunning wife Sheila Oassmates were amazed.

In a desperate attempt to find a girlfriend, Andrew Herzig gave several women balloons. Suzanne FitzGerald was unimpressed

In a scene reminiscent of undergrad frat parties, a gang of first-years heckled the bartender for stronger drinks. For some party-goers, half and half mixes were simply too weak. 18 ======Monday, September 16, 1991 THE AMicus CURIAE Ansel Adams exhibit at Muscarelle continues through Sunday The exhi­ and current trends in pottery making. Jamestown Road on the main campus. It 10:00 to4:45 and weekends from noon to bition Ansel Adams: The American Wil­ The Muscarelle Museum is located on is open Monday through Friday, from 4:00 p.m. Admission is free. derness will close Sunday, September22. The exhibition, organized by the Univer­ sity of 's Center for Creative Pho­ tography, includes some of Adams' best known works, along with some rarely seen photographs. During his lifetime, Adams was de­ voted to preservation of the environment. He believed that people seek their "spiri­ tual and emotional existence" in nature, and through his photography and writings displayed an ll!lSwerving devotion to pres­ ervation of America's wilderness areas. He is particularly noted for his photos of the American West, which have achieved a status as cultural icons. While the exhibition continues, a 60- minute video Ansel Adams: Photogra­ pher, is available for viewing upon re­ quest. In the film, Adams demonstrates the techniques that have made his work legendary, and discusses his life and achievements. In conjunction with the Adams exhibit, the Museum has also organized the exhi­ bition American Indian Pottery, which will also close Sunday. Featured in the exhibition are earthenware works created by members of several Southwestern Na­ tive American tribes. Complementing the display are works of contemporary pottery from local Na­ tive American tribes which demonstrate Courtay ofrJu Center for Creative Photography and the Trurtus both the revival of prehistoric methods ''Winter Sunrise, Sierra Nevada, from Lone Pine, California, ca. 1962." of rJu Ansel Adanu Publishing Rights Trust. All Righls Reserved.

~~~------~,~ f THE COUNTRY'S MOST COMPLETE LAWYERS' AND LAW STUDENTS' BOOKSTORE ' CHICAGO LAW BOOK COMPANY 4814 SOUTH PULASKI ROAD • MAIN OFFICE: 312 I 376-1711 • CHICAGO, ILLINOIS 60632-4194 WE ACCEPT NIGHT AND WEEKEND CALLS TO 10 PM CST AT 312/376-1711 -IF NO ANSWER, CALL 708-323-1322 FAX NO. 1-312-376-1110 WE STOCK EVERY LAW STUDENT STUDY AID, SEND FOR CATALOG • AB. PRESS OUIZZERS • EMANUEL LAW OUTLINES • NUTSHELL SERIES (WEST) • ALI-ABA PUBLICATIONS ·FINALS LAW SCHOOL EXAM SERIES ·NOLO SELF HELP LAW BOOKS • ALP--PROBLEMS & SOLUTIONS • FIREMEN BOOKS ·OUT OF PRINT LAW BOOKS ·ANALYTICAL CASE DIGEST (ACD) • FLOLEX CHARTS ·PAPERBACK LAW BOOKS ·ANTIQUARIAN LAW BOOKS • FRANKS SAMPLE EXAM SERIES • POLICE BOOKS • AUDIO TAPES: EMANUEL, GILBERTS ·GIFTS FOR LAWYERS & LAW STUDENTS • PRE-LEGAL READING LISTS NITA, NPI, PLI, SUM & SUBSTANCE ·GILBERT LAW SUMMARIES ·PARALEGAL BOOKS ·BAR CARDS • HERBERT LEGAL SERIES • RESTATEMENTS--STUDENTS • BAR REVIEW OUTLINES & EXAMS ·HORNBOOKS AND LAW TEXTS • RUBENS ·BLACK LETTER LAW SERIES (WEST) ·LAW RELATED BOOKS ·RYAN CAPSULE REVIEWS ·BLOND LAW GUIDES • LAW SCHOOL EXAM HANDBOOKS • SIEGEL BAR EXAM SERIES • CALIFORNIA BAR EXAM SERIES ·LAW IN FLASH CRAM CARDS • STATUTES ®ULATIONS • CASEBOOKS & COURSEBOOKS • LAYTON LEGAL AIDS • STUDENT GUIDE SERIES ·CASEBOOK OUTLINES (CAMBRIDGE) • LEGAL HUMOR BOOKS ·SUM &SUBSTANCE SERIES ·CASEBOOK SUPPLEMENTS • LEGAL HUMOR BOOKS • TAINES ISSUE SPOTTING ·CASE NOTE LAW OUTLINES • LEGAL CLASSICS--LEATHER ·UNIFORM LAW & REGS • CASENOTE LEGAL BRIEFS (CNLB) ·LEGALINES ·UNDERSTANDING LAW SERIES ·COMPUTER LAW STUDY AIDS • MBE--OFFICIAL OUEST & ANSW • VIDEO TAPES ·CR IMINAL JUSTICE BOOKS • MODEL LAWS & REGULATIONS • WINNING IN LAW SCHOOL SERIES • DELANEY STUDY AIDS • MULTISTATE BAR EXAM MATERIALS ·ECONOMICS & LAW BOOKS

DICTIONARIES CASSETTES: AUDIO & VIDEO GIFTS FOR LAWYERS LAW-GENERAL-CRIMINAL JUSTICE-FOREIGN AUDIO: SUM & SUBSTANCE LEATHER BOUND BOOKS-LAW BOOK ENDS INSURANCE-INTELLECTUAL PROPERTY GILBERT-NPI-NIT A-PLI LEGAL PRINTS: SPY-DAUMIER-HAGEL MED ICAL-REAL ESTATE-THESAURUS EMANUEL SADLER-SALOON-BRAGG; LEGAL STATUARY LEGAL USAGE BOOKS VIDEO: ALBERT BILL SERIES CUPS: LEGAL-SHAKESPEARE FINANCE & INVESTMENT GAMES: LAW

SAMPLES OF OUTLINES FOR FRESHMEN COURSES FREE ON REQUEST. -FAST SERVICE- IF YOUR ORDER IS RECEIVED BY 4 P.M., WE'LL HAVE IT PACKED AND HEADED YOUR WAY THAT SAME AFTERNOON. SERVICE TO - WEST COAST,- "4" DAYS - EAST COAST, "3" DAYS ONE SOURCE FOR ALL LAW STUDENT STUDY MATERIALS THE AMICUS CURIAE Monday, September 16, 1991 19

Mychal's Myopia Boxing's integrity falling and Tribe football looking up By MYCHAL SCHULZ to outscore the other team. So tear your­ liamson is the second coming of anything. participation. Luckily, he's teaching The other day I saw a clip of Lou Duva, self away from NBC (a.k.a. the Notre Seeing the Dean in his running shorts, one health law. Evander Holyfield's manager, at a press Dame Broadcasting Corporation) and see has to wonder. Stay tuned. conference promoting the upcoming · Chris Hankel,Robert Green and company ************ Holyfield-Mike Tyson fight. I was in action. Best of all, it's free. ************ shocked to hear him say, "This is more Oh, my, how far the Virginia Cavalier important than life or death." I thought ************ The ballots from the second and third football team has fallen. Maryland? 17- that the integrity of sports, and boxing in year classes are now in, and the first-year 6? No touchdowns? Don'tworry, Wahoo particular, couldn't sink any lower. I Go Bravos! Few people, me included, women were picked to prevail over the fans, basketball is only a few months guess I was wrong. can believe the Atlanta Braves are in the first-year men. The ballots neglected to away. Looks like Virginia Tech will be Boxing has been suffering from a se­ midst of a pennant race. I would like to mention what the women would prevail the top team in the state, again. ries of setbacks over the past several years see them win the pennant for one simple in, but those returning the ballots said that which leaves me filled with disgust Who reason: wouldn't it be great to see that itreallydidn'tmauer. Onelookatthefirst ************ can forget the Tyson-Spinks knockdown Darryl Strawberry, the supposed savior of year men was enough to convince most brawl, over in seventeen seconds? Or the the Dodgers, the man who would bring that the women would prevail, whether The coveted Professor Charles Koch Sugar Ray Leonard cocaine admission another championship to Los Angeles, the contest was academic, domestic, and Award, given to the person who may after his latest (never say "last") come­ isn't all that? In a year of overpriced, free especially athletic. actually have athletic talent, but you'd back failed? Or the controversy over who agent flops, he is the probably the most never know it by looking at them, goes to was going to train the Olympic boxers for notorious. Strawberry has hit most of his *********** * third-year Jan Brown. Despite not having Seoul? Even some of the great boxing home runs against the Houston Astros. played softball since middle school, four­ moments have been dampened by events Surprised? Don' t be. Even Jesse Erwin How about that U.S. Open? Bratty as teen years ago according to her, twenty­ outside the ring. got a tryout once with the Astros, but he is, Jimmy Connors provided a thrill to six according to official records, Jan hit George Foreman's inspirational come­ Charlie Kerfeld told Astro management everybody in his marvelous run to the two screaming shots that fell in for bloop back was marred by his lawsuit against there wasn't room enough in the bullpen semifmals. One need only listen to the Texas-league singles in her co-ree soft­ Holyfield and company for breaking an for both him and Jesse. Literally. The moaning and groaning of various profes­ ball game last week. While accepting the agreement for a Foreman-Holyfield re­ deal fell through. The floor, that is. Lit­ sors in this law school about their numer­ award, she simply asks that you neither hit match. Even Buster Douglas' knock­ erally. ous aches and pains (i.e., Alces, ankle, nor throw the ball within 35 feet of her. down of Tyson was spoiled by the antics maybe legitimate; Rosenberg, ankle; Dou­ Nominations accepted via my hanging of, who else, Don King. And now we're ************ glas, knee; Butler, baby, probably legiti­ file. told that a fight between two men, one of mate; Hardy, shoulder; Molitemo, razor whom has been indicted for sexual as­ Contrary to popular belief, Professor burn three years ago, hence the beard), to ************ sault, is more important than life or death? Dave Marcus, criminal law guru, was not realize that Conners' run at the age of 39 Please. There are those who say that men invited to Marshall-Wythe to investigate was remarkable. Finally, a big thumbs down to the sports like Mike Tyson are heroes to young men the allegation that Professor Paul LeBel Of course, at the other end of the spec­ press across the country for their coverage in the inner city trying to "get out" and supplied anabolic steroids to the Minne­ trum, it's a little depressing to see women of Bo Jackson's return to the big leagues. make something of themselves. I worry sota Twins. While steroids would be a too young for me to date advancing to the Why does a guy get so much hype when about our society if a person like Tyson is plausible explanation of why the Twins quarter, semi, and fmals. We at Marshall­ he is only an average baseball player? On anybody's hero. are leading the AL West, LeBel claims Wythe were hoping to see Professor top of that, he's only at 80% of his average that talent, nothing more, is the cause of Michael Gerhardt display his tennis prow­ self. Average. Rob Deer gets as many *******:!'**** Minnesota's success. Yeah, right Last ess at the Open, but after some useful home runs, strikes out as much, which is year, the Twins were so bad that Professor pointers from Douglas, Rosenberg, etc., a lot, and doesn't get the press that Bo I don't know if anybody has noticed, LeBel petitioned the League to put warn­ he came up with an injury to prevent his get<;. Average, guys, average. Peace. but some of the best, most explosive, most ing labels on tickets sold. The league exciting college football this fall, will be refused, claiming that if the Cleveland r played over at William and Mary's foot­ Indians didn't put "Poorly Designed" on ball field. The Tribe features a team their tickets, nobody should have to do so. similar to the Air-Coryell Chargers of the In the meantime, Professor Marcus con­ Let the gatnes begin early 80's; i.e., their best defense is trying tinues to investigate whether Dean Wil- By R.L. "Somebody give me a helmet" CLAY Sure, there are other sporting events taking place this fall, but the best entertainment value is certainly taking place at on the College of William and Mary: Intramural Softball. Marshall-Wythe has spawned two entries in the "A" Division 8EROBICS this year. One of those teams, Marshall's Marauders, is the -:c;1 Check out our New Facility! defending champion (enough said). The other, Abuse ofDiscre­ tion, is a young group that holds great promise. L~. •3 Workout Rooms Marshall's Marauders opened their season this past week with ~ • Jacuzzi & Sauna on site a hard-fought win, edging their opponent by a single run. All" • Complete Aerobic Program (Step, Aqua, Lite, EZ, accounts of this game characterize it as "a true team win." High Impact) Congratulations! • Free Weights I Weight Machines Abuse of Discretion's opener was against a team that went • New Circuit Training Class: A 30 Minute Work undefeated in last year's regular season. Showing off a bit of their offensive prowess, Abuse won convincingly, 15-8, with out on Hydraulic Weight Machines home runs provided by ScouLesmes,Eric Chasse, Greg Richards, • Child Care and Jim Entas. • Expanded Locker Facilities In an interesting experiment conducted during Abuse of Discretion's game, the College attempted to install an air condi­ Student Semester Special $119 tioning unit to heighten fan enjoyment of the proceedings (Total Offer expires September 30, 1991 Attendance- 18, 10 fans rooting for the good guys, 8 for ... them). Williamsburg Shopping Center (near Best Jewelers) Unfortunately, while the unit did provide great gusts of air flow, 220-0556 it was at best inconsistent. Thanks to Pat Connolly Heating & Air .J 20 ======Monday, September 16, 1991 THE AMicus CURIAE No notices informing the college commu­ no suspects apprehended in either case. ings, and walk as if she has a purpose and A 'ITACKS, from page 1 nity of this attack were posted. Sadler said he intends to notify Dean knows where she is going. Regarding the Sadler said that whenassaultsarecom­ Connie Galloway if and when a suspect is assaults she said, "it bothers me, but there throughout the law school. The notices mitted off campus, he uses his discretion apprehended. is not much I can do about it." gave physical descriptions of the attacker in detennining whether notices are war­ While both victims were graduate stu­ Another student said the attacks have or attackers. One female student said she ranted. Because the first two assault vic­ dents, the assaults did not occur on Col­ not changed her behavior at all. She was pleased the notices went up so quickly, tims were graduate students, he felt the lege property. John Coleman of the cam­ purchased a can of Lightning Bolt mace but was surprised the College administra­ notices should be posted. Sadler said such pus police said, "for the most part this has for about $23 and keeps it with her at all tion had them posted. She said the college notices are usually distributed within been a City [police] investigation." times. usually is not so forthcoming with infor­ twelve hours of the reported assault, even Coleman indicated that campus police Belinda Hatzenbuhler (2L) said that mation of this sort. if it occurs in the middle of the night. have been assisting in the investigation by the attacks have changed her behavior. Sadlerrefuted this statement in an inter­ According to Sadler, the notices serve checking addresses, verifying informa­ She is more reluctant to come to the law view with the Amicus, saying that the two purposes: to alert students to the dan­ tion and doing similar work. Coleman school at night and now tries to get her notices "are always circulated whenever ger and to control rumors. Apparently asked that students be reminded that the schoolwork done in the daytime. She an assault like this is done on college rumors were not completely avoided as College does have a sexual assault bot­ commented, "I have no great fear, but I property." Some students nevertheless the Office of Student Affairs has received line. The number of the hotline is 229- want to put myself at less risk." voiced concern after the Flat Hat, in its several telephone calls concerning the 7585. Several male students commented on Friday, September 13 edition, reported "rapes." On Friday, Sadler sent a memo While some female students have women's safety. Rich Hricick (2L) ad­ that a third incident had occurred on Sun­ to the Advocate, the Amicus Curiae, and changed their behavior due to the inci­ vised, "we all should take on a greater day, September 8 involving a woman be­ WCWM asking the news organizations to dents, others have not. "I'm always cau­ responsibility to be sure women get to ing chased on Prince George Street by a clarify that while the students were sexu­ tious," said Lisa Nicholson (2L). She their cars or wherever they're going .. man fitting the same general description al! y assaulted, the attacks were defmed as added that she was never lulled into a false safely." He added that men should be as the assailant involved in the earlier attempted rape, not rape. sense of security by the small size of more aware of the problem and offer to attacks. In that case the woman, though Sadler said he has had daily communi­ Williamsburg. walk women to their cars. Brett Johnson not a William and Mary student, escaped cations with the Williamsburg Chief of Jody Anderson (2L) said that she al­ (2L) added, "I'm always willing to walk ' . her pursuer by running into a nearby donn. Police and, as of September 13, knew of ways tries to look aware of her surround- my female friends to their cars."

governor must realize how un­ studies, Dillard felt she "needed she was again summoned to Rich­ cies. She credited him with mak­ AIDE, from page 3 healthy his reliance is on one or a break from religion" and sought mond to serve as press secretary ing the governor's office more two individuals." acollegeintemshipwiththestate for Wilder's gubernatorial cam­ accessible, cjting the open-house glamorous concerns of Virgini­ While still fresh out of col­ govemmentinRichmond. While paign. he holds once a month in differ­ ans, and that such a situation led lege, Dillard was hired as press most prospective interns had "In Doug Wilder, for the first ent parts of the state. Anyone the administration to skew its secretary for then lieutenant gov­ studied political science or eco­ time, there was a chance that all who wishes to speak with the priorities. ernor L. Douglas Wilder at the nomics, her background seemed thepeopleofVirginia would have governor may attend one of these Dillard also attacked the fre­ age of 23. Within two years, a curious, even ironic, choice for a real voice in state government events. quencyofthegovernor'sabsence both she and her boss received the political realm. Not knowing and decision-making .... [T]here But the priorities of the ad­ from the state, and his lack of important promotions. He be­ where she would best fit in, coor­ was great reason for hope," she ministration eventually led Dil­ involvement in important policy camegovernorandsheadvanced dinators of the program placed told the William and Mary audi­ lard to the conclusion that she no determinations while laying the to a $65,000-per-year job as his herwithanofflceholderwhoalso ence. After Wilder narrowly longer had a role to play in the groundwork for his presidential press secretary. rarely "fit in," maverick lieuten­ defeated Republican J. Marshall executive branch. Last Thurs­ bid. "The cabinet's responsibil­ But by July of this year, the ant governor, Doug Wilder. Coleman in the general election, day she put the responsibility for ity is not to lead," she asserted. fonner student of religion called Though not an initial Wilder Dillard recalled with pride the correcting what she sees as mis­ "That responsibility is the gover­ it quits and announced her con­ fan, Dillard said she quickly be­ decision by Virginians to "place direction in the State's govem­ nor's and this governor has not troversial resignation from the cameadevotedstaffer.Shecame the past full-square behind them" mentsquarely on Wilder's shoul­ met it." position many political junkies to admire the personable Wilder by electing the nation's first black ders. "Most important," she said, i • The former press secretary, would spend a lifetime coveting. for his excellent political in­ governor. "the governor must recreate an nicknamed "Mad Dog Dillard" · Dillard grew up in affluent stincts, sense of humor, and ob­ Dillard praised Wilder for atmosphere in which senior staff because ofhervehementdefenses Chesterfield County near Rich­ vious concern for people. Once doing more for minorities and and cabinet can offer honest opin­ of Wilder at the state house, had mond. As a teenager, she re­ her internship concluded, Wilder women than any governor in ions. The choice lies with Doug sharp words for the manner in called being thoroughly unim­ had also come to appreciate the Virginia history, and also noted Wilder alone." which others curry favor with pressed with state senator Dou­ talents and intense loyalty of Dil­ the success of his anti-drug poli- the governor. While she con­ gws Wilder, an ambitious "me­ lard. He offered her a job as his tinually referred to Wilder as dia hound." But during her years presssecretary. .------~~--~r~------, "extremely personable," she said at William and Mary something After writing the lieuten­ close aides are unwilling to chal­ happened to the philosophy of ant governor's speeches and lenge him for his lack of atten­ this conservative daughter of handling his press relations tion to the homefront because he suburban, Republican parents, for a year, Dillard returned to does not tolerate criticism or bad and her politics began a leftward less worldly pursuits and be­ news. "It's a tough message to trend. gan degree work at Yale Di­ communicate," she explained, Despite her major in religious vinity School. Within a year, andthat "position.no one "wants to ,.....be ...... ,....______

Seveml media accounts of Dil­ lard's departure this ~\gnts summer focus on lJ\os\ her stonny relations 0 with Paul Goldman, chairman of the state ~an 229-6830 Democratic party, andJ.T. Shropshire, FREE Curling Iron With the governor's chief of staff. Both are Permanent Waves • Located in the heart enthusiastic sup­ of the historic area. porters of a Wilder lOo/o W&M Student Discount presidential bid and • Ample parking. are his closest con­ *DESIGN CUTS *CUSTOM COWR • Open year round, fidants. In her com­ *PERMANENT WAVES *MEN & WOMEN weather permitting. ments last week, '-' Dillard said, "The ..~ N€~US REDKEN Pa111 Mitchell •a~ 445 Merrimac Trail next to Fann Fresh Qj~~~~WE'S Merchants Square •Williamsburg. \'A • 25:)-18-t-