Virginia Law Weekly 2017, 2018, & 2019 ABA Law Student Division Best Newspaper Award-Winner A Look How Many Meals Can You Make With Jackfruit?...... 2 Adam Silver v. Mike Pence: Coronavirus Task Force Leader...... 3 Inside: 1Ls Show Up and Show Off at Mock Trial...... 3

Wednesday, 21 October 2020 The Newspaper of the University of Virginia School of Law Since 1948 Volume 73, Number 9 “Now More Than around north Ever,” the Law Immigration Law grounds School Needs Immigration Thumbs up to Society Highlights Recent Amy Coney Barrett Law Faculty not remembering Michael Berdan ’22 all five of the free- Opinions Editor doms provided by the First Ida Abhari ’22 Supreme Court Decisions Amendment. If ACB can be Guest Writer on the Supreme Court, so can ANG. More than one in seven residents of the United States Thumbs down was born in another country, to social distanc- and about eleven million of ing during Hal- them are presently undocu- loween season. mented. The current Presi- ANG’s pet squirrels were dent was swept into office due supposed to dress up as an in no small part to his (let’s eggplant and a peach, but call it) “aggressive rhetoric”1 now that is ruined. against immigration, and his administration has abided Thumbs up to by this anti-immigrant ethos the turnip ANG in policy,2 rulemaking,3 and got with ANG’s procedural reform.4 Since im- farm share. ANG migration courts are not Ar- has never actually seen a ticle III courts, but rather fall turnip but ANG still relates under the Justice Department, to them: They are raised in asylum seekers have limited the dark, do best in cool, due process rights—most glar- refrigerated areas, and they ingly, they have no guarantee need a spritz every now and of legal counsel. More than then. one attorney has referred to our asylum system as “doing Thumbs down death penalty cases in a traf- Pictured: Professors Kevin Cope and Shalini Ray led the discussion concerning recent Supreme Court cases and their impact on immigration law. Photo Courtesy of law.virginia.edu and law.ua.edu. to the lack of an 5 fic court setting.” About one Ben Stievater ’22 option to go pass- Events Editor of DACA on the first ground, barred from working to sup- fail this semester. 1 See, e.g. “When Mexico finding that it met the “arbi- port themselves. This situa- Twice the number of cases sends its people, they’re not On Thursday, October 15, trary and capricious” stan- tion is untenable and would this semester means even sending their best. They’re the Immigration Law Soci- dard for invalidation under naturally lead many to work more responsibility, appar- not sending you . . . They’re ety hosted a “Supreme Court the APA, but it did not find illegally to survive and to risk ently. sending people that have Roundup,” wherein three the due process argument deportation for breaking the lots of problems, and they’re cases from the Supreme persuasive. Professor Ray provisions of DACA. Thumbs up to bringing those problems Court’s 2020 docket pertain- noted that the Court’s rea- The next case discussed Hallmark Holidays . . . They’re bringing drugs. ing to immigration were dis- soning for this was due to the also involved the DHS as it giving way to Ama- They’re bringing crime. cussed and analyzed. Head- fact that the rescission was faced a habeas corpus chal- zon Prime Holi- They’re rapists. And some, ing up the discussion was the based solely on the perceived lenge. In Department of days. A digital world calls I assume, are good people.” Law School’s own Professor illegality of the work authori- Homeland Security v. Th- for new, fake, digital, holi- -Donald Trump’s campaign Kevin Cope, joined by the zation provision and did not uraissigiam, 140 S. Ct. 1959 days. Unfortunately this announcement speech, June University of Alabama School address why the deferred de- (2020), Thuraissigiam, a Sri new holiday does not result 15, 2015. of Law’s Professor Shalini portation provision was also Lankan citizen, sought asy- in discounts on candy after- Ray. Both specialize in im- illegal. The Court also criti- lum in the United States. He wards. 2 U.S. and Guatemala En- migration law and brought cized the DHS for failing to crossed the southern border ter into Agreement Desig- some insightful takes to the consider the reliance many illegally and was apprehend- Thumbs down nating Guatemala as a “Safe three latest cases. recipients have placed upon ed twenty-five yards into the to Llama Hiking Third Country” - https:// First up was Department DACA’s legality and continu- United States. Because he Experience AirB- www.aila.org/infonet/us- of Homeland Security v. Re- ance, from attending school lacked travel documents, he nB in Charlottes- guatemala-agreement-safe- gents of the University of and buying houses to start- was placed into expedited re- ville for stealing ANG’s gig. third-country California, 140 S. Ct. 1891 ing jobs and getting married. moval without a hearing. To ANG has perfected walking (2020), which concerned The fact that the DHS did not successfully plead his case for through the woods look- 3 Trump Officials Rush to the legality of the DHS’s re- engage with this reliance at asylum, Thuraissigiam need- ing decrepit, but just be- Make it Tougher for Skilled scission of the Deferred Ac- all furthered the opinion that ed to prove he had a credible cause you can ride a llama, Foreign Workers to Gain Vi- tion for Childhood Arrivals the decision to rescind the fear of persecution to the im- doesn’t mean ANG doesn’t sas - https://www.reuters. (DACA) immigration pro- program was arbitrary and migration officer interview- need visitors too. com/article/usa-election- gram in 2017. The DACA capricious. ing him. He did not do so and immigration-workers- program was established by While a technical win for then filed a petition for a writ Thumbs up to idUSKCN26C2T4 President Obama in 2012 to DACA, Professor Ray cau- of habeas corpus in the final the election being allow non-citizens who were tioned against viewing this phase of review before his de- over in less than 4 Trump’s ‘Remain in brought to the United States case as a total victory. “This portation. The district court two weeks. ANG Mexico’ policy has thousands at a young age to defer de- was much more of a partial rejected his writ for lack of is exhausted already and of asylum seekers still stuck portation and receive a work victory,” she said, “as the jurisdiction, as the decisions still has to sit through an- at the border - http://www. permit to remain in the coun- Court was entirely unsym- of immigration officers are other debate and actually americamagazine.org/pol- try. At the urging of Presi- pathetic to the constitutional subject only to limited review go vote. And then another itics-society/2020/09/25/ dent Trump, the DHS re- due process rights argument, under the Illegal Immigra- month of post-election liti- trump-remain-mexico-poli- scinded the program in 2017. barring Justice Sotomayor.” tion Reform and Immigrant gation. Aren’t lawyers the cy-asylum-seekers The University of California Professor Ray continued to Responsibility Act of 1996. worst? and other school systems explain that upon remand The Ninth Circuit then found 5 https://www.ameri- filed suit to protect their af- and the writing of a less ar- this limited review unconsti- Thumbs side- canbar.org/groups/litiga- fected students, challenging bitrary and capricious order tutional under the Suspen- ways to SBA’s tion/publications/litiga- the rescission on the grounds from DHS, DACA recipients sion Clause, but the Supreme quarantine gift tion-news/practice-points/ that it violated the Adminis- could find themselves in a Court reversed. Justice Ali- bags. ANG wishes death- penalty-cases-traffic- trative Procedure Act (APA) problematic catch-22. If the to’s opinion found the lim- ANG had known about the court-setting-lessons-front- and DACA recipients’ due work authorization of DACA iting nature of the act did maskless super-spreader lines-immigration-courts/ process rights under the Fifth is found illegal in the future, not violate the Suspension party so ANG could’ve gone Amendment. The Supreme recipients will be allowed and gotten COVID in order IMMIGRATION page 2 Court reversed the rescission to stay in the country but SCOTUS page 2 to get a gift bag. 2 Columns VIRGINIA LAW WEEKLY Wednesday, 21 October 2020 that involved running up any country where US sol- (fall, twenty students); and Bor- SCOTUS to the US–Mexican border, diers had killed or injured IMMIGRATION der Policy and Politics (Spring, continued from page 1 touching the US side of the anyone could recover. continued from page 1 twelve students). Notably miss- fence, and running back to In closing, Professors Ray ing from this list is a founda- Clause. Further, he opined Mexico. During this game, a and Cope reminded listen- in five asylum trials are con- tional, black-letter course in Im- that Thuraissigiam’s petition US Border Patrol agent shot ers that it is of limited utility ducted with the immigrant-pe- migration Law. This was most for habeas corpus also failed and killed Hernandez, who to try to extract a common titioner appearing pro se. The recently taught by Professor as it was beyond the scope of was on the Mexican side of theme from all these cases, ABA has called on legal pro- Cope in Spring 2019 and Spring the Drafters’ intentions. Jus- the border at the time of his as they were all quite differ- fessionals to step up pro bono 2018, but he did not teach it last tice Alito reasoned that the death. Hernandez’s fam- ent. What is clear, however, work for asylum seekers, saying spring, and it is not scheduled to Drafters intended the writ to ily brought Fourth and Fifth is that the Supreme Court is that such help is needed “now be taught next spring. Immigra- be used to escape unlawful Amendment challenges, both skeptical of the constitution- more than ever.”6 tion Law and Policy: Business detention, while Thuraissi- of which were rejected in a al rights of non-citizens and Many law firms have re- and Family, taught by Adjunct giam sought to use it to se- 5–4 decision. The Court de- that such claims are normally sponded to the call, bringing Professor Bill Benos, deals only cure an additional adminis- clined to extend its holding unsuccessful. The immigra- their abundant resources and with a select few avenues for en- trative review of his asylum in Bivens v. Six Unknown tion jurisprudence from the manpower to bear on this prob- try which are applicable to Be- claim. Professor Ray noted Named Agents, 91 S. Ct. 1999 highest court in the land is lem. Firm websites routinely nos’s practice at Williams Mul- that this reasoning is curious, (1971), in which it ruled that far from set in stone, howev- boast of their attorneys’ partici- len, where he is a partner.9 as obviously it would be dif- an implied cause of action er, even with its makeup like- pation in asylum, visa, DACA, Last spring, Professor Cope ficult to imagine the Drafters existed for individuals whose ly to change with the addition and other immigration mat- taught International Law of could have foreseen a claim Fourth Amendment freedom of conservative-leaning judge ters.7 Many law schools have Migration and Refugees, which like Thuraissigiam’s back in from unreasonable searches Amy Coney Barrett. As part expanded their immigration “explore[d] the international the eighteenth century. She, and seizures had been vio- of his recent work, Profes- offerings, with more and more law of migration, with a focus along with Justices Kagan lated by the Federal Bureau sor Cope recently reviewed law students entering intent on on refugee law,” particularly and Sotomayor, finds it much of Narcotics. The Court noted 1,700 Seventh Circuit cases, studying and practicing immi- regarding international treaties more sensible to compare that innovation upon Biv- 400 of which Barrett decid- gration law in direct response to and their impact on migration Thuraissigiam’s situation to ens is generally discouraged ed. These cases were coded current events.8 but also touching on US-specific the more recent habeas cor- and that it does not extend for outcomes, and the results UVA Law currently offers law and policy regarding refu- pus jurisprudence from the to cross-border shootings. showed that Barrett decided the following courses on im- gees and asylum. This interna- ‘War on Terror.’ Again Pro- The Court also addressed cases with liberal outcomes migration law: Immigration tional and comparative focus fessor Ray saw reason for what it saw as potential for- 13 percent of the time. While Law Clinic (year-long, eight stu- plays to Professor Cope’s schol- proponents of immigration eign policy ramifications if it certainly not on the liberal dents); Immigration Law and arly strengths: He researches to be dismayed by the Court’s were to extend Bivens, stat- side of the Seventh Circuit Policy: Business and Family and writes on international and ruling. In responding to a ing both that it could disrupt spectrum, this 13 percent comparative law, with a particu- mere footnote in the Ninth the executive branch’s role placed Barrett closer to the 6 https://www.ameri- lar focus on migration; he is not Circuit’s opinion, the ma- in border security and that middle than some of her con- canbar.org/groups/gpsolo/ a US immigration law scholar. jority went out of its way to it was up to the legislative servative-leaning colleagues, publications/gpsolo_ere- Katie Carpenter ’21, who took hold that Thuraissigiam had branch to create a remedy for a sign that Barrett is at least port/2020/july-2020/asy- Immigration Law with Cope in no due process rights, as his claims of this type. Professor willing to grant relief to non- lum- seekers-need-pro-bono- Spring 2019, notes that Cope connections in the country Cope agreed that extraterri- citizens where it is due. Pro- lawyers-now-more-than-ever/ favors international law top- were not substantial enough. toriality is dispositive in this fessor Cope noted, however, ics over domestic immigration The third and final case case, noting that generally, that it is a limited sample, so 7 https://www.cravath. law, and that he seemed less discussed was quite differ- courts are concerned about only future Supreme Court com/news/pro-bono-client- ent than the former two, as the slippery slope of regulat- Roundups will tell. granted-new-asylum-hearing- 9 I am in that class right Hernandez v. Mesa, 140 S. ing cross-border incursions with-appellate- victory.html now, and it is a fantastic class, Ct. 735 (2020) dealt with by federal agents or military --- but it is not a foundational, the rights of a non-citizen members. Professor Cope [email protected] 8 https://www.wbur.org/ black-letter Immigration Law in his own country. In 2010, pointed out the far-reaching edify/2019/06/19/law-stu- course. Mexican teenager Hernandez consequences of a remedy dents-immigration-clinics- played a game with friends through which civilians from boston IMMIGRATION page 5 Jacked Up—Adventures with Jackfruit

It was my sophomore year of the fruit. room.2 We decided to use a this one. The seeds ab- cakes and substituting of college when I first became Quickly, I found my tar- container at a time, freez- sorbed the curry flavor jackfruit. These did not interested in veganism and get. A single jackfruit loomed ing the rest. For the next two and had a wonderful stick together quite as Kolleen Gladden ‘21 large over all other produce, months, that jackfruit was the texture to them. well as traditional crab Photographer a massive beacon. There’s no star of a number of recipes and • Pumpkin pie. This was cakes, but the flavor way we can use all of this, I supplied countless dishes, so I Christian’s culinary ge- was excellent nonethe- a plant-based thought to myself. I texted a am significantly less disgrun- nius at work. He decid- less. lifestyle. I have picture of it to Christian to get tled over the initial price tag. ed to use the remaining Final thoughts: Even though become increas- his thoughts. Later I would Without further ado, here are jackfruit seeds as the the upfront costs of the initial ingly serious find out that he had com- some of the things we tried. crust for a vegan pump- price tag and disassembly about it over the pletely missed the diminutive • Pulled pork nachos. kin pie. It was truly in- time were rather high, I defi- years, and although I have not looking pineapples, dwarfed We sauteed the jack- credible. Instead of the nitely think in the end we got fully perfected my habits (and by the massive jackfruit they fruit until it could be extremely sweet, gra- our money and time’s worth thus would shy away from flanked. His reply was sim- pulled apart with forks, ham cracker taste, the out of it. Each of these recipes calling myself a true vegan ple. “Buy the fruit, coward.” marinating it in bar- seeds gave a crunchy, easily made ten servings, and *just yet*), I would definitely I looked up from my phone becue sauce, layered it nutty texture that took the time and cost of buying say I am, at the very least, and made eye contact with on top of chips, cheese, the recipe to the next different types of meats for plant-based. This way of life the Goliath. How much could countless toppings and level. each recipe would have been improved dramatically when this thing weigh anyway, fif- vegetables, then baked • Tuna salad. This was much higher. If you are look- Christian Sorensen ’21 ex- teen pounds? I picked it up, the entire thing and definitely one of my fa- ing to experiment, this might pressed an interest in joining and it felt lighter than I ex- covered it with Trader vorites. We made hot be something to consider. me, because he has the skills pected. I made my way over to Joe’s creamy jalapeno tuna melts, substitut- and patience for cooking.1 As the counter and plopped it in sauce. It was spectacu- ing jackfruit for tuna. It --- we researched potential reci- front of the wide-eyed cashier. lar. Both of us agreed had all of the upsides of [email protected] pe ideas, we set our sights on Within minutes, I realized I’d they were some of the tuna without the ultra- the jackfruit. made a grave error. The jack- best nachos we’d ever fishy aftertaste. I’d call Jackfruit is part of the fig, fruit was not fifteen pounds; it had. that a win in my book. mulberry, and breadfruit fam- was twenty-seven. I watched • Gyro bowls. We fol- • Teriyaki sushi bowls. ily, originating in the region in horror as the display screen lowed a recipe for gyro Another super easy, between southern India and showed “Jackfruit: $100.01.” meat, substituting only delicious meal. We fol- Malaysia. Its neutral flavor, One hundred dollars. Nearly the jackfruit, then lay- lowed a recipe for teri- meaty texture, and nutrition- half of my typical monthly ered it in a bowl with yaki chicken and subbed al value also makes it an ideal grocery budget. It was too late various veggies, vegan jackfruit, then topped candidate for a meat substi- to sprint out of the store, nev- feta, hummus, and sushi rice with the teri- tute. After I had no luck at my er to return. I paid for it and tzatziki. This again yaki jackfruit mix, cu- usual stops of Trader Joe’s walked out of the store, slack- proved successful. cumbers, peppers, avo- and Kroger, I reluctantly de- jawed and wild-eyed with my • Jackfruit seed curry. cado, and finished with cided to inspect Whole Foods. haul. Jackfruit seeds, when sesame seeds. Armed with naïve confidence, When Christian greeted peeled and baked, have • Mexican Pozole. The I made my way over in search me on arrival, he laughed so a nice, mellow flavor to jackfruit tasted just like hard he cried, before proudly them. I believe we used pork, and it was a per- 1 If left to my own devices, carting the jackfruit back to Savory Spin’s recipe for fect soup to kick off the I will exclusively eat air-fried his apartment like it was a cooler weather. veggies, chips, guacamole, and prized pig. For the next three 2 Shoutout to Christian’s • Crab cakes. Our final hummus, Ben and Jerry’s non- hours, we disemboweled the roommate, Zach Turk ’21, for foray into cooking with dairy ice cream, Taco Bell, and beast and strewed its flesh being an exceptional sport jackfruit involved fol- Pictured: Yeah, it's that big. It could've provided enough food to survive all of quarantine so far. Photo Courtesy of oat milk lattes. about his kitchen and dining during this charade. lowing a recipe for crab Kolleen Gladden '21. Wednesday, 21 October 2020 VIRGINIA LAW WEEKLY Features 3 Adam Silver for Coronavirus Task Force Chief In a year that began with learn in handling this pandem- control that led to the efficacy Direct, which they found had experiment was built by the ef- the tragic loss of Kobe and Gi- ic. Let’s get the obvious out of of the program.2 The general 99.7 percent validity with mini- forts of ordinary staff members anna Bryant, fans of every NBA the way: No state or local gov- public doesn’t have access to a mal false positives. The two and a team of researchers, epi- Sai Kulkarni ‘23 ernment can completely con- similar aggressive testing pro- major benefits for the world demiologists, and healthcare Staff Editor trol its residents’ movements to gram. But with a large-scale are that these tests are easier workers. I am guessing that the degree that the League did. government investment, espe- to mass produce and less in- Mr. Silver had nothing to do franchise (ex- But the League’s three most ba- cially at the federal level, this vasive than existing tests.3 I with the plan other than to see cept perhaps the sic strategies are ones that sci- might be something we could still remember the pain of the what was proposed, look at the Heat) can agree entists have recommended to implement. I wonder if there nasal swab from the more inva- financials, and greenlight the that it seems po- us all. Wearing masks and so- is someone I could direct these sive test and just the thought of idea. But I think that is exactly etic that LeBron cial distancing were required of recommendations to? an easier test soothes me. The the kind of leadership we need and Anthony Davis (AD) led everyone. Anyone who left the Of course, the NBA leader- bubble provided the ideal en- in this pandemic. Someone the Lakers to clinch a cham- bubble was told to quarantine ship did not directly create any vironment for this kind of sci- who is willing to make large pionship, the seventeenth for for ten days. of these plans by themselves. entific study, with more study scale investments knowing that the franchise. This season was The League invested in But they had the unique idea of results on the way. The lessons the returns in the economy will mired with another tragedy, proximity alarms that would listening to scientists to design we gained from the simple ex- be worth it. Someone who can however, one we are all famil- alert their wearers when two a plan to protect their players. istence of the NBA bubble will listen to scientists and simply iar with: the coronavirus. The people in the bubble got within They went a step further than likely have positive externali- go out there and sell the idea to season stopped abruptly and six feet of one another. They comparable sports leagues and ties we have yet to foresee. the public and to the people he resumed months later with added rings that tested for considered the health and well- This brings me to my main is responsible for. Thus, I nom- stringent precautions for the heart rate and temperature. being of their staff. The staff point and the title of this arti- inate Adam Silver to sit there, support staff, players, and Part of this was the huge finan- members quarantined before cle. Adam Silver is no scientist. listen, and greenlight the ideas management. They lived with- cial investment the NBA could the season began and were He is no politician. This entire of the actual scientists on the in a “bubble” in Disney World, make, while the other was the housed in the same bubble as coronavirus task force. Orlando. A place that I recom- NBA’s ability to exercise com- players. The entire ecosystem 3 Ogbunu, C., “How the --- mend everyone visit once the plete control over everyone in was built on testing and con- NBA conquered COVID-19” [email protected] pandemic has passed, since the bubble. Unlike other sports tact tracing. Now, dear reader, (2020) https://theundefeated. your ticket fees pay into the leagues like the MLB and the you may be thinking to yourself com/features/how-the-nba- state’s education fund. Have NFL, the NBA used their funds that this seems like the ideal conquered-covid-19/ fun and do a public service on to invest in the safety and se- environment to do a scientific the side. curity of their players. What study on prevention and test- Anyway, the real attrac- a unique idea: protecting the ing measures. Well, it seems tion, in my eyes, is how effec- people an organization is re- that teams of researchers at tive the league’s precautions sponsible for! Yale agree with you. The NBA turned out to be. Not a single Now for the fanciest stuff: provided an environment to try player, coach, or staff member testing. I’m sorry, did I say fan- out a new test for COVID-19. tested positive for COVID-19. ciest? I meant bare minimum. These researchers tested With cases beginning to surge The NBA invested in resources out a new brand called Saliva- again in the Midwest and na- that let it test players and staff tionwide, it’s time to take a regularly. With periodic test- 2 Baggaley, K., “The NBA deep dive into the procedures ing, they were able to ensure bubble was a one-of-a-kind Adam Silver and the NBA im- that their other, actually fan- COVID-19 success story,” Pop- plemented to see if there are cy, efforts worked. According ular Science (2020).https:// any lessons for someone1 to to epidemiologists at Cornell, www.popsci.com/story/

the aggressive testing strat- health/nba-coronavirus-bub- Pictured: Adam Silver showed how the NBA could thrive and showcase its talent from a 'bubble' during COVID-19. Photo Courtesy of 1 I’m looking at you, Pence. egy was part of the complete ble-success-science/ sporting news.com Hear Ye, Hear Ye, Drama in the CourtZoom Solicitor General Toby J. Heytens Trial Advocacy Tournament In unprecedented times, tern, worked on both sides of it. But you definitely should do RESULTS: cial thanks to Solicitor General Anna Bninski ‘23 the case, tried to remember it again.” Toby J. Heytens ’00 for judg- Staff Editor 50,000 things about hearsay, He was correct, not sadistic. INDIVIDUAL AWARDS: ing the final round and for be- and spent a lot of time ques- Since I was a witness for the BEST WITNESS: Grace ing a true friend to the UVA with 1Ls enter- tioning each other on Zoom defense in that first round, I Platt '23. community. ing law school in and leaning into recalcitrant didn’t advocate at all. Advanc- BEST ADVOCATES: Eliza- President of UVA Law Mock a uniquely weird witness personas. (Frankly, ing meant swapping sides and beth Lapp '21, Natalia Hegua- Trial, Alex Law ’21, added: way, extracur- it absorbed a lot more time swapping roles. I’d hate to buro '23. “[T]his tournament would not riculars have than I expected, even though throw in the towel before try- have happened without tire- completely changed. Y’all get our captain JP Baratta ’23, the ing out both roles. But when TEAM AWARDS: less work from the rest of the the picture. In today’s funky, only one of us who’d ever done folks (my roommates) asked FIRST PLACE: Zoe Li, Na- executive board. Thank you to pandemic context, the Mock mock trial before, shouldered me if I was disappointed at talia Heguaburo, Grace Platt, Matthew Cooper '21, Amanda Trial E-Board went above and more than his share.) losing the chance to deliver Riley Segars (All '23). Rutherford '22, and Joshua beyond to put together a tour- I was blessed with the op- what reliable sources (me) SECOND PLACE: Elizabeth Hassell '22. It was important nament that would give 1Ls a portunity to play the case’s described as a “bomb” closing Lapp '21, Autumn Adams-Jack to all of us that we create an chance to do a very typical law defendant (a very large, very argument for the prosecution, '22, Jennifer Craddick '23, event so students could still school thing in very untypical obviously unsavory man) in I had to reply honestly: not re- John Lawrence '23. have a classic law school expe- circumstances. Over Zoom, of the first round, and brought ally. rience this fall and this tourna- course, with a batch of video- all the excessive enthusiasm Because even just working The UVA Law Mock Trial ment achieved that goal.” conferencing procedural spec- of a former theater kid. (“I ap- with my teammates and our Program expresses thanks and ifications. Here is one bewil- preciate that,” our judge, Maj. coaches, I’d had an oppor- appreciation for the judges of --- dered 1L’s tale. Todd Chard, US Army, told me tunity to learn some basics the Sixteenth Circuit, White [email protected] I had tried out for Mock Trial at the end of my mid-cross- about approaching a case, and Case, The Judge Advocate with a blithe spirit on a sunny examination rant about being structuring examinations, and General’s Legal Center and day back in September. I knew unable to remember the spe- that there are another fifty zil- School, and all participating that I didn’t know anything cifics of grand jury testimony lion things still to learn about practicing attorneys for their about how to do mock trial, because I was a person, not hearsay. Plus, getting to col- support of the program. Spe- but, at that point, I didn’t re- a robot. “But do answer the laborate with classmates was ally have a sense of how much questions.”) a serious bonus, especially I’d need to learn. I can confi- My heroic teammates man- during this semester where dently say that I have yet to aged to convince our lone jury getting to know people is hard learn at least 93 percent of it. member to find me innocent and weird. That’s through no fault on all counts. I can only speculate about of my team (woohoo Team “Doesn’t that mean you what it’s like to do mock trial 3!) or of our JAG attorney win?” my boyfriend texted during a normal semester. My coaches, who kindly took the me. I explained that we were, guess: It’s hard and stressful time to look over our materi- in fact, narrowly defeated and educational, just like it als and walk us through lots through a tie-breaker and was this time around—but a of etiquette and objections would not be moving on to the serious amount of fun, too. in preparation for the Solici- semi-finals. Also, major congratula- tor General Toby J. Heytens “I don’t understand how tions to the tournament Trial Advocacy Tournament, this works at all,” he replied, winners, Zoe Li, Natalia October 15-17. Over the past and later elaborated, “That Heguaburo, Grace Platt, couple weeks my teammates seemed incredibly stressful Riley Segars (all '23)! Pictured: Grace Platt, Zoe Li, Natalia Heguaburo, and Riley Segars, all '23, crushed the competiton and won the first Zoom Mock Trial and I chewed over the fact pat- and I would never want to do event at UVA!. Photo Courtesy of Alex Law '21. 4 Colophon VIRGINIA LAW WEEKLY Wednesday, 21 October 2020 LAW WEEKLY FEATURE: Court of Petty Appeals The Court of Petty Appeals is the highest appellate jurisdiction court at UVA Law. The Court has the power to review any and all decisions, conflicts, and disputes that arise involving, either directly, indirectly, or tangentially, the Law School or its students. The Court comprises eight associate justices and one Chief Justice. Opinions shall be released periodically and only in the official court reporter: the Virginia Law Weekly. Please email a brief summary of any and all con- flicts to [email protected]

NGSL v. UVA IM-Rec dents’ play. From scheduling of skill at UVA Law,3 proving least restrictive means.6 Pe- Understanding this ex- Sports games to certifying umpires the importance of softball to titioners point to this test as clusion of softball occurred 73 U.Va 9 (2020) and awarding participation the Law School community. “the girl-next-door of legal during a pandemic, NGSL trophies to the members of It is with this in mind that tests—overlooked in a com- concedes that IM-Rec has a Tonseth, J., delivered the Greek life that are still over- we conduct our analysis. fortable, seductively familiar compelling government in- opinion of the Court, in compensating for a lack of III. way,”7 yet crucial to proving terest in protecting public which Wunderli, Birch, Mc- you-know-what, IM-Rec Petitioners, relying on their claim. health.8 The case hinges on Dermott, Stievater, Schmid, does it all. Their administra- their fundamental right of In breaking down this in- the tailoring of this exclu- and Querner J., and Luk, tive role has taken on a new free exercise codified in the quiry, it is essential to start sion. As an arm of the state C.J., join. Calamaro, J., dis- shape this fall, regulating Bill of Rights, point to the with the substantial burden (a/k/a the University), any sents. which sports are acceptable First Amendment, specifi- analysis. Petitioners have policy respondents pro- for students to participate cally the clause, “Congress met the baseline to show mulgate must be generally Justice Tonseth delivered in while complying with the shall make no law . . . pro- how respondents’ failure to applicable. However, with the opinion of the Court. dictates of COVID-19 proto- hibiting . . . free exercise . . allow softball to be played the dearth of exemptions for sports that are allowed, I. VA Law attracts its fair share of brainiacs, compounded with the simi- The crack of the bat (and larity in risks that kickball a cold one), the cheer of the policy wonks, and do-gooders who will and softball share, shows fans, and the glory of domi- "U that IM-Rec has singled out nating on Copeley field are at make an immense impact on the world. But beyond petitioners unfairly. As my stake in this case. COVID-19 boi Antonin would say, para- has wreaked havoc on the these, UVA Law attracts the best and brightest softball phrasing slightly, respon- world in 2020, bringing nor- dent’s “opinion serves up a mal life and all of its associ- players, who hope to translate that success to national freedom-destroying cocktail ated trappings to an abrupt consisting of two parts pat- halt. It is by way of this pan- fame and a mid-level BigLaw gig." ent falsity”9 when you look at demic that Petitioners bring their rules and how they were their claim. In essence, the col. .”4 While potentially taken this fall merits a substan- applied to NGSL. We simply North Grounds Softball Through their determina- out of context, being the true tial burden. From limiting cannot allow this to stand. League (NGSL) has sued IM- tion, respondents have al- and unwavering adherent to their ability to day-drink in The number of exemptions, Rec Sports for violating their lowed for a bevy of intramu- textualism as I am,5 I will en- socially acceptable ways, to combined with the similari- free exercise rights to play ral sports to continue this tertain this argument. forcing NGSL players to take ties in kickball and softball, softball, with the only ac- fall, including beach vol- When analyzing a case up the more expensive sport show that respondents have ceptable remedy being to im- leyball, Spikeball, and corn- under the ‘free exercise’ doc- of golf instead, and further, not narrowly tailored their mediately implement a fall hole.2 Petitioners have sued trine, respondents must be by making NGSL members policy. softball season. Due to the over one specific inclusion, able to show that the sub- seek therapy to determine IV. failure of the respondents to kickball, countered with the stantial burden they have if they’re truly just washed- In writing this opinion, I prove their compelling inter- exclusion of softball, claim- placed on petitioners con- up athletes, petitioners have do not suggest that further est was narrowly tailored to ing this exclusion violates cerning their free exercise of cleared this procedural hur- rights are implied under the the least restrictive means, petitioners’ explicit right of softball is justified due to the dle. The burden thus shifts Constitution through sub- this Court rules in favor of free exercise codified in the furthering of a compelling to respondents. stantive due process. Rath- NGSL and orders the season U.S. Constitution. governmental interest by the to start immediately.1 For those unfamiliar 6 At least, this is what the 8 Jacobson v. Massachu- II. with NGSL, allow me a brief outlines I downloaded for both setts, 197 U.S. 11 (1905). Neither party disputes digression to truly paint the ConLaw and Religious Liberty what is truly underlying this scene of their claim. UVA 3 https://www.lawweekly. tell me. 9 Navarette v. California, case. Respondents, oversee- Law attracts its fair share of org/april-fools/2020/4/1/ 572 U.S. 393 (2014). ing intramural sports for brainiacs, policy wonks, and espn-the-ocho-to-broadcast- 7 Porter, Elizabeth G., UVA, control and administer do-gooders who will make ngsl-fall-season ‘Pragmatism Rules’ 101 COR- COPA page 5 all aspects of the sports stu- an immense impact on the NELL LAW REVIEW 1 (2015). world. But beyond these, 4 Brief for the Petitioners, 1 Any and all claims of bias UVA Law attracts the best 7. Faculty Quotes respondents claimed against and brightest softball play- yours truly are unfounded. ers, who hope to translate 5 I mean, they did quote C. Hwang: "Imagine you steal my lawn mower. But I While I solely chose UVA Law that success to national fame the actual Bill of Rights. I can’t went to Darden and spent two don't know. She's suspicious." to play in the NGSL, I believe and a mid-level BigLaw gig. deny that. I’m not concerned years of your life pickling your I am well equipped to bal- I mean, ESPN “the Ocho’’ with the absence of religion. brain in alcohol in the parking A. Bamzai: "It's very hard ance my personal interest with even acknowledged the level Sports fans are just as irratio- lots of Ivy or Pav.” to introduce challenging fact my immense power from the nal and dedicated as religious patterns unless you add a lit- bench. 2 https://recsports.virgin- folk, so the words are inter- J. Harrison: “The Zoom tle bit of joinder." ia.edu/intramural-sports changeable. gremlins got so bored with what I was talking about that D. Brown: “I’ve seen a lit- they figured you’d be better tle crack.” off not hearing me.” Virginia Law Weekly M. Collins: “Welcome A. Johnson: “What would back to conflicts in exile.” COLOPHON be unreasonable to buy for Christina Luk ’21 $23, a latte?” Heard a good professor Editor-in-Chief quote? Email editor@law- R. Harmon: "I really don't weekly.org Kathryn Querner ‘22 think Dean Goluboff would Executive Editor Michael Schmid ‘21 Phil Tonseth ‘22 Jacob Jones ‘21 Managing Editor Production Editor Features Editor

Samuel Pickett ‘21 Will Palmer ‘21 Drew Calamaro ‘21 Columns Editor Special Projects Editor Satire Editor Kolleen Gladden ‘21 Raphael Cho ’21 Grace Tang ‘21 Photographer Cartoonist-in-Chief Foreign Correspondent Ben Stievater ‘22 Leah Deskins ‘21 Donna-Faye Imadi ‘22 Events Editor Professor Liaison Editor Current Events Editor Nate Wunderli ’22 Bill Re ’21 Amy Pan ‘22 Sports Editor Historian Lifestyle Editor Stanley Birch ’22 Marlyse Vieira ’22 Will McDermott ’22 News Editor New Media Editor Development Editor Michael Berdan ’22 Opinions Editor Published weekly on Wednesday except during holiday and examination periods and serving the Law School community at the University of Virginia, the Virginia Law Weekly (ISSN 0042-661X) is not an official publication of the University and does not necessarily express the views of the University. Any article appearing herein may be reproduced provided that credit is given to both the Virginia Law Weekly and the author of the article. 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Letters and/or columns over 1200 words may not be accepted. The Editorial Board reserves the right to edit all submissions for length, grammar, and clarity. Although every effort is made to publish all materials meeting our guidelines, we regret that not all submissions received can be published. Wednesday, 21 October 2020 VIRGINIA LAW WEEKLY Hot Bench 5 COPA oning each person with its promise of greatness, at Private Practice Careers in continued from page 4 least for one shot, and great er, this analysis is focused sorrow as well. But most im- specifically on textualism, portantly, fall golf is better Health Law the importance of softball to than softball, and it is better On Wednesday, October 14, When asked about their given project. She also thought UVA Law, and my desire to than whatever these ne’er do the Health Law Association typical day, Kelley Hearne stated that because many healthcare stop losing copious amounts wells want to complain about she tends to spend a lot of time practices do have a heavy trans- Drew Calamaro ‘21 of golf balls on my now-free not having. They are in the on the phone with clients dis- actional bend, you will end up Satire Editor Friday afternoons. Respon- golf course of Eden, and they cussing contracts. Contracts, doing work on a lot of transac- dents’ final attempt to con- want to eat the cursed fruit (HLA) hosted a she said, are a puzzle, and you tions, even if you are often in test that my bias has decided in a prideful fervor while panel of private are looking into the future to litigation. Any experience where this case strikes out for three they ignore the opportunity practice health- try to see what could go wrong you can have better insight into reasons: 1) We do what we to shoot well over 100 and care attorneys to so the client is protected. Miller how healthcare companies think want,10 2) I have life ten- come home disappointed af- share their advice conducts investigations and dis- and the issues they have to deal ure—try to impeach me, and ter a five-hour round. on starting a career in health law. cusses with clients what forms with, such as an experience with 3) Let the kids play. Indeed, golf is expensive. The panelists included Wade of action need to be taken. Her a provider or a pharmaceutical But the rewards are immea- Miller ’02 of Alston & Bird At- favorite days are at the begin- company, will give you a leg up Calamaro, J., Dissenting surable, and no false equiva- lanta, Kelley Taylor Hearne ’97 ning of investigations, where she when entering the workforce. lency like my colleague has of Faegre Drinker D.C., Eric C. tries to figure out what is going Miller found that valuable as- When emotional imma- made between softball and Hall ’18 of Jones Day D.C., and on through interviews and docu- sociates have experience with turity rears its ugly head in kickball can be made with Madison Marcus ’17 of Goodwin ment review. She also has a lot of different healthcare agencies. an ill-reasoned opinion such golf. I find it laughable that NYC. days spent on the phone, but, for This includes internships in the as this, one must attempt to a sport which will decide en- When asked about how the most part, every day to her is US Attorney’s office, the FDA, or be an adult and write a dis- tire careers is given little to they found their way into health different, and she feels that she others. Not only do those indi- sent worthy for future gener- no deliberation in my col- law, three of the attorneys cited has a good mix of litigation and viduals come back with specific ations. Namely, this genera- league’s opinion, and it wor- having doctors in their fam- investigation in her work. knowledge, but they also tend tion, but in the future. “NGSL ries me that he chooses to ily as a major influence on their Hall stated that the health to make worthwhile connec- is dead,” said Nietzche; and view it—not as a safe and fun career choice. Miller joked that care survey course and his tions, since those with experi- indeed, it has shown itself to alternative—but as a night- her family told her she could be courses taken with Professor ence know who to call when a be but a vapor in the winds marishly expensive endeav- a health care attorney as long Mimi Riley were hugely helpful pharmaceutical company needs of eternity. These winds, or. I am saddened that the as she wasn’t the one suing the for coming into a job involving help on a certain problem. Hav- which blow over all of the Court does not realize that doctors. Miller often conducts healthcare law. Marcus dis- ing that experience gives you an land, also blow over wonder- this entirely reasonable ac- internal investigations on behalf cussed her typical day, including edge over your peers. Miller also fully sculpted golf courses. tivity is a viable alternative, of industry clients and defends working with a biotech com- recommends practical experi- They rustle the leaves, give and according to our juris- them against government inves- pany to answer questions about ence for litigation through clin- bemused golfers pause as prudence, should not have tigations. Working across from whether the client had violated a ics. they back away from the ball even ruled on this subject in the US Attorney’s office is enjoy- statute. She also worked with a After the questions were to readjust their aim, only to the first place. Go golf, and able, she said, since the US At- provider who had a data breach asked, the event went into break- chunk it ten feet in front of you will not only find your- torneys tend to be more cordial and helped them prepare a no- out rooms, at which point this them. self, you will find god (Tiger and cooperative in litigation. tice to patients affected by the reporter felt that his work was This is fall golf, the great- Woods) as well. Marcus of Goodwin found breach. In addition, she helps on done. I would like to thank all est activity possible, requir- her way to healthcare law when the transactional side by help- the attorneys for donating their ing only the most valuable of --- she took a healthcare regulatory ing companies legally invest in valuable time, and the HLA for resources—time and money. [email protected] class in undergrad. Hall came to healthcare providers. hosting the event. If you are in- Most importantly, fall golf [email protected] healthcare law after realizing the The attorneys ended with terested in healthcare law, con- will always be there, beck- importance of healthcare to peo- advice for getting into health sider reaching out to the HLA. ple’s lives while working at the law. Hearne reiterated the im- --- 10 Law Weekly v. CoPA US Attorney’s office one summer portance of knowing the regu- [email protected] Copiers, 369 U.Va 96 (2019). in California. latory schemes involved in a classes, but perhaps my fa- is the opposing party? How right-hand side of the car IMMIGRATION HOT vorite part of the whole ex- does their model work? How in Australia, the shifter is to perience was the third part. I do they interact? What court your left. So I’m trying to shift continued from page 2 was down in Italy for most of proceedings have either of out of first gear, and, instead comfortable when discussion BENCH that part of the degree, about them had in the past? I loved of catching the gear shifter turned to the mechanics of US forty-five minutes north of all that recon intelligence (which my left hand should immigration law. Cope, when Naples on a Roman dig site. I work. And I think there was have reached for), I opened contacted for this article, ac- was in a particular trench that nothing more exciting than my door and really surprised knowledged that he “came to was located where the theater being able to bring the find- myself! immigration law from interna- used to be, so I was finding ev- ings back and tell the boss, tional law and comparative law, erything from coins to pieces when you testify or when Let’s do a lightning which encompasses most of of an oil lamp to pieces of pot- you’re deposed or anything round! [his] research,” but also pointed tery. Maybe the coolest thing else, here are the points that Favorite kind of pizza? out that he has had experience I found was volcanic ash de- we’re going to want to hit. Hawaiian. with immigration removal cases posits, not from the famous as a lawyer and law clerk, expe- Vesuvian eruption, but from It seems you’ve done Most unusual talent? rience which is helpful in the Douglas Maggs ‘23 a later third-or fourth-century a lot of traveling. I know Avid ham radio operator. classroom. Vesuvian eruption. it’s hard, but can you pick This exposes another gap in Interviewed by Jacob Smith ’23 And to the second part of one favorite or tied-for- Favorite kids movie? UVA Law’s slate of immigra- the question, unfortunately I favorite country and tell I loved Finding Nemo. I tion offerings. Professor Cope Welcome to Hot Bench! was not digging in a kilt. How- us why you enjoyed it so remember watching it in the- is the only non-adjunct faculty For the benefit of readers ever, I did graduate from the much? aters when I was a kid and member with any immigration who haven’t met you yet, University of Edinburgh in a I had the chance to go to thinking that it was such an law expertise, and he is not a please describe yourself kilt, and I believe that is still Australia a couple of times. awesome movie. And it has scholar of the Immigration and in a few sentences. my profile picture on Face- And it is a really phenomenal Australia in it too. Nationality Act (INA), the cen- Sure. I’m originally from book to this day. place. One time I went there tral body of immigration law in Arlington, Virginia. Grew up and I rented a camper van and Would you rather fight this country. Students seeking my whole life in the DC area. I So you’ve worked as drove down the entire east 100 rabbit-sized horses to do independent research on went off to college at Harvard an economic consultant. coast of Australia. And dur- or one horse-sized rab- aspects of the notoriously tech- and then I did a master’s de- What’s been one of your ing that trip I snorkeled the bit? nical INA are left with few op- gree at the University of Edin- favorite experiences in Great Barrier Reef, I watched I feel like I have to go for tions. burgh. I found my way back to the real world of work? the sun rise on a beach that a horse-sized rabbit, but I’ve Ariana Smith ’23 is dismayed DC, worked in economic con- I was at a small firm called was full of wild kangaroos, I got to watch out for those by this shortcoming: “Given the sulting for a couple of years, Criterion Economics for the felt like I made friends with hind legs. current political climate in our and now I am a 1L at UVA past couple of years. And al- the locals at every single stop country and the world, and the Law, and I’m having a great though it was a small firm we I made. I just can’t say enough If you had to write a increasingly large role that im- time here! worked on some really inter- nice things about Australia. novel, what genre would migration is playing in intra- esting cases before the ITC And also the adventure of it be? and international dialogue, it is Great! So let’s talk (International Trade Com- driving a manual transmis- Mystery. extremely important that UVA about your master’s de- mission), the FTC (Federal sion camper van on the wrong Law hires a full-time professor gree in archaeology. Did Trade Commission), and a side of the road, that was kind Favorite candy? who specializes in US immigra- you spend a lot of time few times, different district of fun too. Except when I tried Kit Kat. tion law. It is UVA Law’s duty to sifting dirt in a kilt? What courts. I think the most excit- to shift with the door handle. provide additional professors, was that like? ing thing for me was the mo- That didn’t work so well. Backup-plan job? courses, and resources to stu- Yeah, so it was a classical ment right when we got a new I always thought being a dents who are studying or are art and archaeology degree at matter and it was just a mad Wait, you tried to shift firefighter would be a pretty interested in studying immigra- the University of Edinburgh. dash to gather as much intel- with the door handle? cool profession. tion law.” Jordan Woodlief ’23, It was a twelve-month pro- ligence as we could. Who’s Well, because in an Ameri- who was an immigration para- gram. The first two-thirds this client? How does their can car, if you’re shifting, it’s --- legal before coming to the Law were regular semesters with business model work? Who with your right hand. But [email protected] because you’re sitting on the IMMIGRATION page 6 6 The Back Page VIRGINIA LAW WEEKLY Wednesday, 21 October 2020 course and hiring US immigra- IMMIGRATION tion law faculty to supervise stu- continued from page 5 dent research. Dean Goluboff responded that since the 2016 School, commented, “Immigra- retirement of Professor Emeri- Cartoon By Raphael tion law is a specialized, ever- tus David A. Martin, the Law changing, and ever-growing School has sought to hire immi- field of law, and students need a gration law faculty (Cope’s hire source of guidance as it changes being an example of success) every day. Immigrants are of- and continues to do so “specifi- ten underserved and exploited cally and affirmatively.” Dean in the United States, and UVA Goluboff noted that immigra- should be taking the lead in tion is “a challenging field in training the next generation of which to hire,” but did not give lawyers who will face this chal- particulars on what the Univer- lenge head-on.” sity is doing to meet that chal- Both Smith and Woodlief are lenge. also members of the Interna- Dean Kendrick noted that the tional Refugee Assistance Proj- Law School has offered an Im- ect (IRAP) at UVA Law, which migration Law course in nine of mobilizes law students in sup- the past ten years. (This math port of direct legal aid and sys- must count Bill Benos’s course temic advocacy for refugees and in business and family immigra- displaced persons. While IRAP tion, as it was previously labeled at UVA Law offers its members simply “Immigration Law,” a trainings on topics relevant to label which frustrated students, its pro bono work, member- as the course does not cover ref- ship is subject to an application ugee, asylum, or other parts of process, and the lack of institu- the more “humanitarian” side tional resources for immigra- of immigration that one thinks tion law from the Law School of as crucial in a foundational itself “makes it hard to generate course.) Dean Kendrick also ac- interest when students see that knowledged that “teaching the there aren’t many opportuni- basic immigration course is im- ties to pursue immigration law portant . . . and I expect we will beyond discrete pro bono proj- offer it again next year.” As for ects and may lose interest as a UVA Law’s immigration-mind- result,” according to Dominick ed students, and the future cli-

Giovanniello ’21, IRAP at UVA ents who will depend on them, Law’s vice president. they can only hope that this Enjoy! GMT. 2020 21:43:06 19 Oct Mon on http://www.opensky.ca/sudoku by Generated In preparing this article, I cor- means the administration in- responded with both Dean Risa tends to reassess and redouble L. Goluboff and Vice Dean Leslie their efforts to assemble a UVA- Kendrick. I asked whether they caliber immigration law faculty. felt a sense of urgency about bolstering the Law School’s of- --- ferings in immigration law, [email protected] particularly with respect to add- [email protected] ing a foundational, black-letter

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