Law Weekly 2017, 2018, & 2019 ABA Law Student Division Best Newspaper Award-Winner A Look Law Weekly’s Guide to PILA Auction...... 2 Alumnae Talk Pursuing Public Service Careers...... 3 Inside: Pav Fire Alarm: A Poem in Six Stanzas...... 5

Wednesday, 6 November 2019 The Newspaper of the School of Law Since 1948 Volume 72, Number 10 1L, 2L, 3L around north Exper- grounds Dickman, Thumbs down iences: to Fall Back. ANG knows it’s Halloween not worth it to trade an hour of extra Roundup sleep for four months of SAD. And anyone who Ben Stievater ’22 Mers Win Lile Staff Editor thinks otherwise is too Sam Pickett ’21 Thornhill Wins Best Oralist bad at negotiating to News Editor 1Hell of a Halloween make it in the legal pro- Despite the actual pass- fession. ing of Halloween (making it legally Christmastime, Thumbs up pursuant to the controver- to Chipotle for sial, landmark decision in honoring ANG’s Thanksgiving v. Target, “tired law stu- 456 U.S. 293 (1997)), Friday dent” costume. ANG is night was peak ~Spooky proud that their normal Szn~ for 1Ls. Before head- decrepit look finally was ing to Bar Review and the recognized by someone as Gunners’ performance at a positive. Boylan, most of us flocked in droves to a pregame Thumbs down appropriately entitled to undergrad “Welcome to 1Hell,” the student orga- brainchild of Christina Kelly nizations for ’22 and Chance Maginness selling undersized baked ’22. Host Marcello Kilani goods for oversized prices ’22 generously provided the after Bar Review. It’s a space and set-up support, struggle for ANG to ball while FYC was kind enough on a budget while overin- to sponsor refreshments Henry Dickman ’20 and Megan Mers ’20 are the winners of the 91st Lile Moot Court Competition. Photo credit M. Eleanor Schmalzl ’20. dulging on underwhelm- with a tub of White Claws, a ing brownies. keg, and two vats of punch Nate Wunderli ’22 used, the company urged its Appeals for the Fifth Circuit— (see vodka with a splash Staff Editor customers to take protective Henry Dickman ’20 calmly Thumbs up to of juice for some color) Hushed, tense whispers measures. Upon further in- took the stage to argue for the all of the 1Ls who that proved very effective. echoed throughout the court- vestigation, Suri also learned appellant, JusticeConnect, on spent all week- The space itself, largely room (aka Caplin Pavilion). that JusticeConnect main- the issue of whether a data end in the library outdoors, was decked “All rise. Oyez, Oyez, Oyez.” tained consumer preference breach can confer injury in on their last memo. The with lights, cobwebs, fake The crowd went silent. I tried data through PrideParent, fact. Dickman argued that the bedraggled bathrobe blood, and a roaring bonfire to stand and partially tripped which includes unique device bar to standing is high where wearers showed ANG that (courtesy of co-host Ritchie over my backpack, but re- identifier information, the there is only a threat to harm, while ungraded, LRW is Vaughan ’22) to create the covered in time to give each user’s location when the app not actual harm. The harm still the bane of student’s perfect vibe for this spooky judge a slight head nod that is open, and all specific con- must be “certainly impend- existence. soirée. hopefully will win me a clerk- tent the user views. Justice- ing” and pose a “substantial The best part of it all, ship in a couple of years. The Connect sold this data to an risk” to the plaintiff in order Thumbs down however, was the creativity tension was palpable, as the advertising agency, the Chloe to demonstrate injury in fact. to NGSL playing displayed in the costumes— competitors mentally readied Company, which aggregates In this case, the harm does playoff softball you never knew who you’d themselves for what would the data it receives from not meet either of these on conjoining bump into as you both be the culmination of years several applications and uses criteria, Dickman argued. It turf fields. ANG is already reached for the coveted of hard work and preparation it to target advertisements to has been nine months since unathletic and sports-de- Black Cherry White Claws. leading up to this moment. individual users. the breach, and the plaintiffs ficient, so allstar play for Prison Mike from The Of- The background of the Suri was alarmed and de- have not alleged any actual the wrong team ended up fice, fresh off some encoun- case at issue are as follows: cided to bring action against harm or that harm is immi- being interference. Boo. ters with the dementors Plaintiff Yasmin Suri brought JusticeConnect, alleging (1) nent. There has been plenty (the worst part of prison, a class action lawsuit against that JusticeConnect acted of time following the breach Thumbs I hear), was there rubbing a social media video service, negligently in connection to take the necessary steps sideways to Lori elbows with denim-clad JusticeConnect. Justice- with the data breach, and (2) to counter identity theft (i.e. Laughlin. ANG Britney and Justin from Connect had developed an that JusticeConnect violated freezing credit cards and ob- wishes they the 2001 AMAs. Sandra application, PrideParent, the Video Privacy Protection taining new ones), so there is could’ve bought into UVA Bullock from Bird Box was that was “an advice-oriented Act (VPPA) by knowingly dis- little risk of identity theft in Law on an NGSL scholar- wandering around blindly, community for same-sex closing consumer preference the future. Studies show only ship. Charles Manson and one parents,” through which data to the Chloe Company.1 about 1 in 5 data breaches of the Cheetah Girls were they posted content includ- The District Court for the lead to identity theft. On top Thumbs down tango-ing to the tunes as ing advice regarding adop- District of Lile granted Suri’s of that, Dickman pled with to Popeyes for Sharon Tate hid among tion, IVF, and surrogacy. motion for summary judg- the court to consider the bringing back a group of penguins, and Suri decided to purchase ment. JusticeConnect then chain of intervening causes the spicy chick- some people even discov- premium content on the app, appealed, setting the stage between a data breach and en sandwich. ANG has ered that their classmates which required entering her for these advocates to shine. identity theft, arguing that heard it’s overhyped, but had dressed up as them (@ name, email address, phone After opening remarks there are too many steps in due to 29 being backed Bennett Robinsons, one of number, home address, and by the judges—Judge Jef- between to consider a data up for over an hour, ANG you left your case of Miller credit card information. Nine frey Howard from the U.S. breach “certainly impending couldn’t cut the line for Lite behind). Regardless of months before the district Court of Appeals for the First harm.” food like ANG does at whether people recognized court judgment, Suri received Circuit, Judge Alison Nathan Throughout his argument, SBA functions. all the costumes, one thing an email from JusticeConnect for the U.S. District Court the judges did not hold back was clear: 1Hell was a fun, notifying her that all of Pride- for the Southern District of as they peppered Dickman Thumbs up to much needed chance for the Parent’s premium content New York, and Judge Andrew with questions, admitting the Nationals’ 1L class to socialize before subscribers were victims of a Oldham for the U.S. Court of after the argument that one Bud Light fan. If the real spookiness of finals data breach. reason for their questioning ANG had to pay season begins. While JusticeConnect 1 This information has was to “throw him off.” They $50 for two Bud Lights, claimed there was no rea- been adapted from the prob- seemed especially concerned ANG would hang on for son to believe any sensitive lem written by Hanaa Khan dear life too. LILE page 3 HALLOWEEN page 2 information had been mis- ’20. 2 Columns VIRGINIA LAW WEEKLY Wednesday, 6 November 2019 HALLOWEEN the male half of the lyrics. After ful representation of a police continued from page 1 that, people went to Crozet for a officer. They performed smash bar review someone organized hits with entirely original lyrics, 2 PILA Auction Jacob Jones ’21 ad hoc. something entirely new for any Events Editor Even though I had already of the Law School bands. But been out on Halloween, I re- mostly, Saturday was a great Preview One Third of a Real Hallow- turned to Crozet to see Panic! at chance to wrap up the week- een Article the District Court on Saturday, end. Honorable mention to all The Law School’s annual obtuse. I feel like I would need This Halloweekend, I man- effectively being pulled back the LLMs who made it out that PILA Auctions are imminent! to explain that, like, PILA is aged to leave my apartment not into the fray.3 More importantly, night. The Live Auction will take billing you. For your pur- just once, but twice. I consider I wore the same Scooby-Doo Taylor Elicegui ’20 chases at the auction. Doesn’t th Will Palmer ‘21 this a major accomplishment costume I’ve had since 7 grade. Features Editor Staff Editor really work too well for my for a wise, elderly 2L whose And even more importantly, purposes. bones are starting to ache when there was a new Law School A Very 3L Halloween place on Thurs- Nuts. someone says “bar review.” And musical group performing, The In a classic move for washed- day, November Well, let’s put a pin in the I even went out in costume—os- Justice System.4 One member up 3Ls, I was deterred by the 7 from 5:00 p.m. quest for a Netflix pun for tensibly as Jacob from Twi- was a judge, another one wore rain and couldn’t be bothered to to 7:00 p.m. in now and take a look-see at light—but without the abs, tan, a white outfit with black stripes5 venture out of my cozy apart- Caplin Pavil- what’s available at the Live great hair, or any of the defining like a prisoner from the 1930’s, ment to Bar Review. I took my ion and the Silent Auction Auction. features of the character. But I and one of them was a respect- roommate to the Melting Pot for will occur from 9:00 p.m. to Items up for auction include did have werewolf ears, and that her birthday and experienced midnight at the Omni Char- tickets to the Caps/Flyers counts for a costume in your 2 Ad hoc is Latin for “I do the spooky delight that is eating lottesville Hotel on Saturday, game in D.C. on February 8, mid-twenties. what I feel like.” an entire vat of cheese and choc- November 9. a six-month supply of de- Where does a 2L go for Hal- olate before retiring to watch a I’m going to go out on a lectable cookies from Lena’s loween on a Thursday when 3 May I take this moment Disney classic, Twitches. If you limb and assume you all know Loaves, the loveable local it’s pouring out? To Pizza Hut to suggest that one of the law haven’t seen Twitches since how an auction works. If you loafery, and a new piece by karaoke, of course. Who can school bands start performing childhood, I 10/10 recommend don’t, well, Wikipedia exists Banksy.2 Unfortunately, I was resist the combination of garlic “How to Save a Life.” giving it a watch next year. The for a reason. late with my quarterly bribe bread sticks and amateurism? CGI is. so. bad. Let me tell you, folks, this to Customs Enforcement, so I There is something hilarious 4 More like lack of justice in ---- is your opportunity to experi- ran into some issues with the and disturbing when you see the system. Am I right? [email protected] ence the class, strategy, and importation of the reliquar- a grown man in full zombie [email protected] mild inconvenience that goes ies I intended to auction off, makeup singing a song like “My 5 Or was it a black outfit with [email protected] into a traditional live auc- but hey, lesson learned.3 I’ll Heart Will Go On,” (originally) white stripes? tion. You can also do it while Venmo them next time. by Celine Dion.1 I opted to avoid you’re drunk.1 A variety of bona fide once- Celine, and instead went with The theme of the auction in-a-lifetime experiences are the almost ten-minute long is…Netflix? It’s going to be available to bid on as well: “American Pie” so that all of tough to make a lame jour- A pizza party with Professor Pizza Hut could know how nalistic pun about that one Kimberly Ferzan, a March much I love singing. Santa and but I’ll give it the old college one of his senior elves attempt- try. “Auction and chill?” … 2 I lied about the Banksy. ed a rendition of “Baby, It’s Cold Nah, that’s weak. Come on, Obviously. Outside.” Their attempt was Will, you can come up with a hampered by the fact that the bad pun. It’s your fourth best 3 This is a joke. Do I re- karaoke prompt only displayed talent. “PILA and bill” has a ally seem like the kind of guy good ring to it, but it’s kind of who’s late when it comes to 1 My heart will go on, Mr. managing my reliquary ship- Zombie makeup. And I’ll never 1 Just act like you aren’t. ments? let go, unlike Rose, who totally Ruh Roh: Scooby finds out via text that Shaggy prefers Lexis over Westlaw. Photo Courtesy Jacob Jones Otherwise I’ll get chewed out. let go. ’21. PILA page 4 Combat Obscura: Film Documents Life in Combat Zone I originally became aware of mentary provides just that. The 1st Battalion 6th Regiment, I was also filming the harsh ing on Friday, he described Combat Obscura through the synopsis below shows what the the unit Miles was with during realities of the deployment, his decision to show a United veteran community. There was film is about. the filming, was the unit that and providing an outlet for the States casualty on film, which rotated into Afghanistan as young grunts I was attached was a highly controversial Chris Boggs ‘21 Synopsis: my unit was rotating out. For with to express themselves decision. He stated, “If I was Guest Writer “Just out of high school, at these reasons, I am comfort- in a way that their wives and going to show dead Afghans, I a lot of excite- the age of 18, Miles Lagoze en- able stating that this is in fact a families back home may not had to be willing to show dead ment about the listed in the Marine Corps. He reflection of Marines serving in have understood, but that Americans. I wanted both sides documentary was deployed to Afghanistan combat during this era. Miles made perfect sense to them to be seen as humans.” In fact, because it prom- where he served as Combat Lagoze describes his thought during deployment. When I got this was the first time a United ised to give an Camera—his unit’s official vid- process below, and it is some- discharged from the military States casualty was shown on accurate depiction of what it eographer, tasked with shoot- thing I wholeheartedly agree I kept all the footage that was film. This raw and unfiltered was actually like to be a Marine ing and editing footage for the with. never released, mostly because look can be difficult to watch in Afghanistan. Far too often, Corps’ recruiting purposes and I hadn’t gotten over the experi- at times. It should be remem- documentaries and films create historical initiatives. But upon Filmmaker Statement: ence and wanted the memories bered that if it is difficult for a glamorized idea of being de- discharging, Lagoze took all “I came from a liberal back- to stay fresh, but also because I you to watch, can you imagine ployed in a combat zone. A part the footage he and his fellow ground but decided to enlist knew the rawness of what I had how difficult it was to live it? of the glamorization is the idea cameramen shot, and he as- in the Marines when I was captured was important. The I hope that as people watch of the professionalism of the sembled quite simply the very 18 as a Combat Cameraman film is composed of the footage the documentary, they gain a armed forces. This only goes to documentary the Corps does for reasons I still don’t fully I kept, and although it doesn’t new understanding of what it further the disconnect between not want you to see. COMBAT understand. I had always loved encapsulate the war experience really means to live and fight what civilians think it is like OBSCURA is a groundbreaking movies growing up, particularly in its entirety (no film can), I overseas for America while, at being deployed and what it is look at the daily life of Marines the work of Stanley Kubrick, want to show people a side of the same time, coming to real- actually like being deployed. in a war zone as told by the so part of me wanted to go to the conflict and our troops that ize that the men and women I watched the documentary soldiers themselves. More than war while still having the alibi isn’t normally seen, in a way being sent overseas to fight are shortly after its release and a mere compilation of violence, of being a neutral cameraman. that they aren’t accustomed to not the amazing professionals thought it did a great job accu- the edit ingeniously repurposes As I soon realized though, the seeing it. Having worked on they are made out to be. I do rately depicting deployment to the original footage to reveal camera affects those it films it for almost three years after not say this as a knock on our a combat zone, which includes the intensity and paradoxes and their actions, as well as getting out of the Marines, I military, but rather to create a lot of unprofessional behavior of an ambiguous war from an the camera operator’s, in more hope to inspire a fresh dialogue a new understanding that the by Marines. unvarnished perspective.”1 ways than can be imagined. about the war that is centered vast majority of them are im- It was after watching the Many people don’t like the While deployed, I filmed the around honesty, rather than ca- mature eighteen to twenty year- documentary that I decided way Marines are depicted in the war as a propaganda tool for tered to one side of the political olds. These young adults are to reach out to Oscilloscope film and claim this was not a the Marine Corps, showcasing spectrum or the other.”2 put into an incredibly difficult Laboratories, the production reflection of the Marine Corps. different aspects of the military To accomplish his goal, situation with no clear direc- company, to arrange a screen- I was deployed in Afghanistan in the wholesome and sanitized Lagoze created an unfiltered tion. They deserve our appre- ing and if possible, attendance from January 2011 to August manner that was approved by look at the war in Afghani- ciation for their sacrifices, but it by the director. As the only 2011, and the experience I had the Marines’ public affairs ap- stan. During the question and must be remembered—they are prior enlisted Marine at the was vastly similar to what is paratus. I couldn’t show anyone answer portion of the screen- far from the perfect profession- Law School, I felt that this was depicted in the film. In fact, cursing or smoking cigarettes als society has made them out something I could bring and during a firefight, and casual- 2 Film maker’s state- to be. not have it be construed as in 1 Synopsis quote from Rot- ties were often forbidden from ment quoted from Miles ---- any way political. Rather, I ten Tomato at https://www. being exposed. As I was editing Lagoze at http://thedocyard. [email protected] wanted people to get a raw and rottentomatoes.com/m/com- the events around me to fit com/2019/08/combat-obscu- unfiltered look, and this docu- bat_obscura. the Marine Corps’ message, ra/. Wednesday, 6 November 2019 VIRGINIA LAW WEEKLY Features 3 Women in Public Service: Paths to Public Interest Careers Pursuing a career in public dents, many of whom intend to which sorts fellows into their in educational matters. In nar- Service panel, four UVA Law interest law can be daunt- pursue a public interest career areas of practice. rowing her career path, Powell alumni discussed their paths ing. For a student deciding to immediately after law school, Vivian Kim ’12 spoke next, emphasized the importance of from the private sector to pub- pursue big law, the process attended the panel titled who spent three years prac- understanding her personal lic service and gave candid and “Starting Strong: Beginning ticing litigation in big law values, and in shaping her valuable advice for students Marlyse Vieira ‘22 Your Career in Public Service.” before joining the U.S. At- career goals off of these values. hoping to follow similar career Staff Editor The panel consisted of four torney’s Office for the District For example, finding balance trajectories. women who are in various of Columbia in 2015. Kim has and prioritizing her family Panelist Sarah Hall ’05 is structured public interest-related careers. worked exclusively on matters has always been of the utmost serves as an attorney in the through OGI, After each of the panelists relating to domestic violence importance to Powell, so she Division of Enforcement at the firm events, and introduced themselves and in the D.C. Superior Court over looked to a career path that U.S. Securities and Exchange standardized gave a general overview of their the past year. She advised that would facilitate her pursuit of Commission, where she in- Donna Fay Imadi ‘22 career paths, they were asked enthusiasm is the most valu- these personal goals. vestigates violations of federal Staff Editor a series of questions relating to able attribute that a potential For the final ten minutes of securities laws, insider trading, choosing careers, networking, summer intern at the U.S. At- the event, the audience had the and fraud. Prior to the SEC, career practices. and advice that they would give torney’s Office can bring to an opportunity to ask questions Hall was an insurance cover- Contrastingly, to students hoping to follow in interview. Passion and enthu- to the panelists. One student age litigator at Covington & for public inter- their footsteps. siasm for working within the asked about differences in Burling. Though Hall found the est careers, there Claire Blumenson ’11, co- system is essential to success in salaries between the public training and mentorship she Kathryn Querner ‘22 founder and Executive Direc- this career path. and private sectors, which received at the firm valuable, Staff Editor tor of School Justice Program Sarah Buckley ’14 then spoke sparked a lively back-and-forth she noted that insurance litiga- (SJP), introduced herself about her work as a trial attor- between the panelists about tion was not easily transferable is great varia- first. SJP is a non-profit that ney in the Defense Section of the tradeoff of salary for career to government service. Despite tion among the provides legal assistance to the Environment and Natural autonomy that accompanies this, Hall was able to make the timelines for older students with disabili- Resources Division (ENRD) at public interest careers. All the move to the SEC in through a applications, ties. When asked how current the U.S. Department of Justice. panelists ultimately agreed social connection, demonstrat- potential posi- students can network in the Buckley works predominantly that, while public interest law ing her point that networking tions, expectations, workloads, public sector, Blumenson on defensive cases under vari- careers pay significantly less can be key to finding a job and networking opportunities. advised the panel attendees ous environmental statutes. than firm jobs, the personal in civil service. Because she On Wednesday, October 30, to reach out to two or three She educated students about fulfillment and passion they knew the public sector was her Virginia Law Women, PILA, legal organizations each week the value of a working judicial derive from their careers is well ultimate goal, Hall also signed and LPS hosted an event called to set up a 20-minute phone clerkship, as she felt that her worth a lower salary. up for USA Jobs notifications Women in Public Service call. Blumenson emphasized experience clerking gave her Many students hope to enter during her first year in big law which gave female students an that this is a great way to learn the opportunity to narrow her into public service at some and had yearly career check- opportunity to learn how to about various public interest- legal interests. point during their legal career. ins with herself. She recom- better navigate the challenging related career paths and also The fourth member of the However, working at a private mended students interested process of considering and ap- make connections with people panel, Cassie Powell, works as firm for the first few years out in making the transition from plying to public interest jobs. in the industry. Addition- a staff attorney at the Legal Aid of law school can be desirable private to public service do the Two simultaneous panels ally, Blumenson encouraged Justice Center’s JustChildren or even necessary to pay off same. began at 5:15 p.m., followed by students looking to learn more program. Her interests include student debt, provide finan- As a public defender for the a reception at 6:15 p.m. in the about potential public inter- public interest and educa- cially for one’s family, and get Western District of Virginia, Purcell Reading Room. est career paths to look to the tion law, and she currently high-quality legal training. At About twenty female stu- Equal Justice Works website, works representing children the Private Pathways to Public PUBLIC SERVICE page 5

LILE affected by the data breach. for her client. A former college soccer Megan Mers ’20 was next Reproductive continued from page 1 2 player turned oral advocate, up to the plate, arguing for with the fact that a 1 in 5 Whisenhunt showed a JusticeConnect on the second Justice 101 chance of having your iden- command of the case law issue of whether PridePar- tity stolen can very well be that impressed the panel ent’s selling of device iden- On Thursday, October Chicago in 1994 and were seen as a substantial risk, and of seasoned judges. Citing tification codes to the Chloe 31, UVA Law’s chapter of influenced by both human barring all victims of a data Clapper, Whisenhunt argued Company for use in advertis- If/When/How hosted an rights and social justice work. breach from recovery unless that creating a substantial ing is in violation of the VPPA They did not find a home for they experience actual harm risk is sufficient to establish a Act. Mers argued that since Maria Luevano ‘21 their needs within the civil can under-deter companies breach and that a data breach an ordinary person cannot Staff Editor rights or second wave feminist from this kind of negligence. where credit card informa- trace the Personally Identifi- event led by movements at the time. If/ They also argued that having tion, names, addresses, and able Information (P.I.I.) back Jeryl Hayes, When/How continues their to freeze a credit card and other personal information is to the actual person, Pride- the Movement work and believes that it is take related preventive mea- stolen is the substantial risk Parent’s practice should not Building Di- impossible to look at repro- sures following a data breach in which the harm of identity violate the statute. Although rector of the ductive justice without think- can be seen as harm in itself, theft arises. conceding that the statute nationwide organization. In ing about racial justice. The but Dickman countered that In fact, the very purpose was created at a time when her role, Hayes works with the organization is committed to the plaintiffs never alleged of hacking is to misuse the the technology at issue could organization’s network of law centering people of color. This any harm pertaining to this. information, so the harm is not have been anticipated, students and legal profession- relationship is embodied in The judges were also con- a clear and obvious result of Mers argued that the legisla- als to champion reproductive their vision of “an essential cerned about future applica- the risk presented. Counter- tive intent of the statute is justice within and beyond the transformation of the systems tions of this case and where ing Dickman, Whisenhunt still important in its applica- legal system. Hayes was intro- and institutions that perpetu- the line should be drawn to argued that the attenuating tion to this case. duced to the organization as a ate oppression into structures determine what constitutes circumstances between a data Mers argued that the point law student herself, both as a that realize justice, and a a “substantial risk” or “cer- breach and identity theft is of the statute was to prevent legal intern and as a chapter future when all people can tainly impending harm” with not as long and complicated video service providers from leader. From Olivia Roat ’21, self-determine their reproduc- regards to data breaches in as the appellants contended, releasing potentially embar- President of If/When/How’s tive lives free from discrimi- general. Although Dickman but certain, direct, and in rassing customer information UVA Law chapter: “Our goal nation, coercion, or violence.”1 admitted that some data line with what the Clapper to third parties. The informa- with this event was to give For them, racial justice is breaches without actual harm court would consider to be a tion released to the Chloe students an opportunity to reproductive justice and both could be considered injury substantial risk. The hackers Company was for its eventual learn about the fundamentals are working to ensure that in fact, he refused to draw had everything they needed use in targeted advertising, of reproductive justice and legal rights are accessible to a bright line rule, instead to steal the identity of the not for any kind of public em- to broaden people’s perspec- all people. advocating for a more case- plaintiffs. barrassment. Congress has tive of the type of issues that Hayes further explained by-case approach. In this The bench did not fire had opportunities to revise reproductive justice encom- that the goal of the reproduc- case, even if the worst thing questions at Whisenhunt the statute to clarify some of passes. We were so excited tive justice movement is about that could have happened at the same speed that they the points relating it to today, to host Jeryl, who not only is more than reproduction—it occurred (identify theft, fol- did with Dickman, but their but they have yet to do so, so extremely knowledgeable but includes the right to have lowed by credit card fraud), questions tried to derail it would be unwise to infer also loves talking to law stu- children, the right not to have the credit card companies do her from her main points. what Congress could have dents. We were also thrilled to children, and the right to par- not hold the customers liable However, Whisenhunt stayed clarified but chose not to. have such great attendance.” ent the children that you have for these charges so no dam- focused on the arguments The judges’ main concern Hayes focused her discus- in a safe and healthy envi- age would have been incurred she needed to present in her about Mers’s argument was sion around the framework ronment. In pursuing these regardless. limited time and didn’t allow that the company the data of racial justice, which the or- Following Dickman’s fan- the questioning to keep her was released to was not an ganization uses for its repro- 1 If/When/How organization tastic performance, Kath- from presenting a strong case ordinary person, but an or- ductive justice work. Hayes vision found at https://www. erine Whisenhunt ’20 took ganization with the ability to explained that twelve black ifwhenhow.org. the spotlight for the appellee 2 To date I’ve never lost a trace back the information to women developed the repro- plaintiff, Suri, who repre- pickup game with Katherine ductive justice movement in REPRODUCTIVE JUSTICE page 6 sented the class of plaintiffs on my team. LILE page 4 4 Colophon VIRGINIA LAW WEEKLY Wednesday, 6 November 2019 LILE Thornhill thought the court the statute to protect per- best friend. It took a lot of PILA should construe the mean- sonal customer information stress-eating chocolate from continued from page 2 continued from page 3 ing of the VPPA broadly and from being released, which is the snack room, but it was an look at what the statute is exactly what happened here. experience I would not trade the individuals. Why should trying to prevent generally. Notwithstanding the facts for the world.” Whisenhunt Madness watch party with the recipient of the informa- The purpose of the VPPA, and circumstances that lead echoed her partner, telling the clinic professors, an hour tion not matter but the ordi- she contends, is to prevent to the adoption of the statute the Law Weekly that “[p] of live music by Panic! At the nary person standard apply, companies from releasing were different than the case articipating in a competition District Court, and a portrait- when PrideParent knew full information that can later be at issue, the main purpose of that spans more than a year painting session with the well, or at least should have traced back to an individual. the statute remains the same: takes a tremendous amount esteemed Manal Cheema.4 known, the capacity of the It does not matter what an Protect individuals from of work, but it was worth the I would be remiss to not company it was sending the ordinary person can or can- companies misusing their effort. I learned a lot about mention the pies. There are information to? not do with the information, personal information. appellate advocacy through- not one but three fantastic Mers answered that mak- but what the recipient of the After the main arguments out the process. We compet- opportunities available at ing this kind of information information can do with it. were presented and Mers ed against excellent teams in the auction for you to pull P.I.I. is essentially render- Chloe’s very business model gave a concise, yet passion- every round. I am grateful to the classic pie-in-the-face ing almost all information is to take this kind of infor- ate rebuttal for the appellant, the organizers of the compe- gag on Will McDermott ’22, P.I.I. just because somebody mation, aggregate it, and use the judges exited to deliber- tition, the judges who vol- Dominique Fenton ’21, and/or can trace it back to you. Her it to target individuals for ate the facts and decide the unteered their time, and the Justin Aimonetti ’20. If you’ve example was that Apple advertisement. JusticeCon- outcome. Relief washed over students who helped us with ever wanted to mash a room- can trace a zip code and the nect knew full well how Chloe both teams, as they finally let practice moots. I am particu- temperature dessert food into movie Legally Blonde back to used this information and themselves relax and take in larly thankful for Abbey, who a grown man’s face, I guess individuals, but clearly that is that Chloe has the capability years of hard work, oral argu- not only is an incredible moot this is your chance, so go get not P.I.I. protected under the to trace it back to their cus- ments, and lengthy briefs. court partner, but also one of ’em, champ. statute. Thus, the ordinary tomers. In addition, Justice- The teams embraced each my best friends.” So, this Thursday and person standard is the only Connect could have asked for other and shook hands with Henry Dickman also Saturday, get dressed to the standard that makes sense in consent from its customers to the opposing counsel. The thanked those who helped nines, have yourself a reason- this case, and basing it on the sell their information, which hard part was over, but the along the way, saying “One able number of adult bever- recipient or another standard is a policy many current com- result had yet to be deter- of my favorite aspects of ages, and enjoy a quintes- would be overly broad and panies implement, but they mined. this competition was the sential first-world experience: render too much information did not. “All rise.” I don’t know chance to build great friend- Spending money on things P.I.I., contrary to the inten- Thornhill argued that why that phrase gives me the ships with the many people you don’t really need, then tions of the legislature. although the VPPA does not chills every time. The judges who prepared us for the real patting yourself on the back Last of all to argue for the explicitly mention the type reentered the room, this event. We’re really grateful to because you helped a good appellee was the 2019 Lile of information relevant to time to a much more relaxed those people for volunteer- cause. Maybe you can even Moot Court Oral Advocacy this case since it was enacted audience. The judges praised ing so much of their time; we tweet about it. champion Abbey Thorn- before this sort of technology the oral advocacy skills of all certainly wouldn’t have been hill ’20. Contrary to Mers, existed, the legislature made the competitors, also compli- ready for the judges without ---- menting their legal briefs and them.” Mers commented, “I [email protected] how well they handled the learned so much from Lile, tough questions the judges primarily from our mooters posed. After the judges each and from Henry. The compe- 4 Eds.: Seriously, go follow gave a short speech con- tition was incredibly reward- her instagram @mcheezyart gratulating the competitors, ing—in no small part because and you’ll be bidding top dol- they announced the win- of the amazing friends who lar for this. ners: Megan Mers and Henry helped us prepare day after Dickman on behalf of the day.” The court of Lile is now appellants won the argument adjourned until next year, on both counts, and Abbey and the Law Weekly can’t Thornhill won the award for wait to see what is to come. best oral advocate. The teams once again embraced, and ---- the crowd offered its con- [email protected] gratulations and appreciation for what was a remarkable competition. Thornhill, talking to the Law Weekly about the com- petition, said: “The results of the finals were obviously Faculty Quotes disappointing, but I can honestly say that the deci- T. Nachbar: “I am, for G. Rutherglen: [Regard- sion to compete in Lile, and whatever reason, not autho- ing having to teach Semtech, the decision to compete with rized to practice medicine in which he abhors] “Like game Katherine, were the best two this state.” six of the World Series, this decisions I have made in class is being taught under all of law school. I had the M. Gilbert: “Does the protest.” Katherine Whisenhunt ’20 stands at the podium in front of the Lile judges: Judge Andrew Oldham of opportunity to improve and word ‘high’ attach to ‘mis- the Fifth Circuit (L) and Judge Allison Nathan of the Southern District of New York (R). Seated between Judges Oldham and Nathan, not visible in this picture, is Chief Judge Jeffrey Howard of the First Circuit. test my skills as an advocate, demeanor?’ A ‘high misde- A. Woolhandler: “I’ve Photo credit Kolleen Gladden ’21. but I also got to do it with my meanor’ just sounds like a been freaked out all my life.” minor drug crime.” F. Schauer: “There are D. Howard: “Even if probably a few dorm room you’re a judge with life ten- trashers in this room.” Virginia Law Weekly ure, you still have to live with your neighbors.” Have a good professor COLOPHON quote? Email editor@law- M. Eleanor Schmalzl ’20 weekly.org Editor-in-Chief

Christina Luk ‘21 Executive Editor

David Ranzini ‘20 Michael Schmid ‘21 Taylor Elicegui ‘20 Managing Editor Production Editor Features Editor Samuel Pickett ‘21 Anand Jani ‘20 Grace Tang ‘21 News Editor Special Projects Editor Lifestyle Editor Kolleen Gladden ‘21 Raphael Cho ’21 Douglas Graebner ‘21 Photographer Cartoonist-in-Chief Format Editor Jacob Jones ‘21 Lena Welch ‘20 Tyler D’Ambrose ‘21 Events Editor New Media Editor Columns Editor

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Wednesday, 6 November 2019 VIRGINIA LAW WEEKLY Hot Bench 5 PUBLIC SERVICE Freedom of the Press and also tion accompanied by hors ize the stereotypes of those continued from page 3 serves as co-director of UVA d’oeuvres, drinks, and a speech who enter the public sector and Tricks, Not Law’s First Amendment Clinic. by Sarah Baker (former Special private sector as “the folks who Before she worked in public Assistant to President Obama’s work in non-profit are selfless Treats: The panelist Lisa Lorish ’08 rep- service, Nelson was an associ- Office of White House Coun- do-gooders who champion the resents clients on everything ate at Gibson Dunn & Crutch- sel). As a UVA alumna, she oppressed and have to weave Pavilion on from DUIs and minor posses- er’s Washington D.C. office. delivered an inspiring speech their own clothes…those in pri- sion to capital murder, more Having graduated law school about the path of her career vate are just cashing checks as Halloween often on the appellate stage during the recession, she knew within both the public and pri- they laugh and smoke cigars,” than at trials. Lorish graduated beginning at a firm was a real- vate sector. She later inspired the crowd laughed in amuse- On October 30, a fire alarm from the Law School in 2008, ity. Nelson had always been the crowd through her message ment. went off in the middle of the at which point she became interested in media law. Nel- that whichever path one enters She then posed a question night at the Pavilion apart- an associate at Sullivan and son urged those who know they first in the legal field, it’s still about all the other lawyers who ments. Here is a heartfelt Cromwell. In 2011, she joined will leave the private sector possible to make a difference fall in between. “What about poem to document the events. the Charlottesville office of Mc- to “be realistic, and keep to a whether private or public. the lawyers working to pat- GuireWoods as a commercial budget” and to focus on paying She also discussed her ent medical devices that will Stan Birch ‘22 litigator and worked there until off debt while at the firm. new organization “We The save lives? Which bucket do Staff Editor beginning her current role in All the panelists endorsed Action”— a digital platform we put them in? What about 2014. Lorish recommended taking advantage of pro bono connecting lawyers to pro bono the people whose parents paid ‘Twas the students hoping to go into pub- opportunities that would give projects across the Nation, for law school which makes night before lic service be aware of how easy young attorneys substantive which to date, has built out it easier for them to work at Spookmas and it can be to succumb to the legal experience, particularly 8,000 volunteer lawyers. The a nonprofit does that make all through the inertia and “golden handcuffs” in the courtroom, and show organization is “a launching them better than someone who Pav of firm practice and be ready future employers their contin- pad for lawyers looking to needs to pay off their loans?” All the Nats fans were stir- to potentially relocate for an ued interest in public service. make a change or dip their toes These were questions on the ring, a new title they have opportunity that comes along, They also all urged those into work they haven’t previ- mind of those who were in at- Case books had been as flexibility can be crucial to interested in making the career ously considered.” tendance of the event. closed, the devoted’s just getting hired. transition to stay in touch with When elaborating on her de- When asked about her opened Representing the prosecuto- old classmates and colleagues, cisions out of law school to first favorite part of the speech, What came next, a sound, rial side of criminal practice, emphasizing that network- join a firm, Baker discussed the Jacqueline Foley ’21 said “It to which I was awoken Kristi O’Malley ’05 is the Dep- ing continues to be a primary tension between her passion to was so inspiring to see such a uty Criminal Chief and Chief way to land jobs in different “do good” as the kind of person powerful woman. When you The sound that emitted of the Southern Division at the sectors. Frances Skardon ’22, who thought “she’d save the see all these powerful women was of an angry disposition United States Attorney’s Office found the event very informa- world” as a kid, with knowing on this panel succeeding at the If decibels were checked, for the District of Maryland. tive, explaining that it made the security and stability that highest level of public service they’d violate the Geneva O’Malley has been at the USAO her feel “more comfortable in a law firm job would provide. and government it’s like, I can Convention for nine years, prior to which making her career choices.” “I knew a law firm would be a do that too. It’s like ‘you can’t We all stood around in our she worked at Latham and Despite the significant differ- safe and stable pay. It was the see what you can’t be.’” doorways bleary eyed Watkins. O’Malley suggested ence in salary between private path of least resistance.” Foley went on to say, “So Looking at each other and that students hoping to eventu- and public work, the accom- She later tied in how this many feel like public service or not to going outside ally enter public service choose plished attorneys on the panel work on the private sector private is a dichotomy. But the a firm with an open system of were glad they made the jump was critical to her building reality is that it’s such a mal- After five minutes, no choosing projects, as to not get from big law to public service skills that would eventually leable line. You can start in pri- break, I donned my shoes “pigeon-holed” into a specific, and showed that it entirely aid her in public service work, vate to pay off loans and there’s and my cap nontransferable legal area. possible with some forethought “I worked alongside phenom- no shame in that, you’re not I had barely settled in, you The sole panelist employed and strategy. enal people building skills that a bad person. You can always couldn’t call it a nap at a nonprofit, Jennifer Nelson After the panels concluded, would help me land my first decide to go to public service Twenty minutes went by ’11 works as an attorney for students walked over to Purcell White House job.” when it’s right. Different cir- with no break to the noise the Reporters Committee for Reading Room for a recep- Baker went on to character- We all looked around for PUBLIC SERVICE page 6 those FireyBois™

judge’s clerk and my Judge to think they’re (a) a great orga- feels the same way I do. Once When down on Arlington try and figure out why it was nization and (b) one of those you start to talk to people, you there arose such a clatter HOT written the way it was. We had groups that is so important realize that even your smartest Thirty minutes later, oh to dive deep into the legislative to the legal field and the Law and most secure friends feel here comes a ladder BENCH history, which was really cool. School. insecure about their own stuff. Marshaled back into rooms, beds or books were What are you doing next Now to some fun ques- Backstreet Boys or awaiting summer? tions! *NSYNC? The email the next day I will be working at a firm in What is your favorite Backstreet Boys—I used to was anything but elating D.C. I was actually a paralegal word? have concerts where I would at this same firm and now I Pragmatic. I think I’m a sing Backstreet Boys songs for They “strive to provide a get to go back as an attorney, pragmatic person and also, I my parents. safe and comfortable experi- which will be kind of cool and just like the way it rolls off the ence” kind of weird! tongue! What’s the best gift Then pleaded we take any you’ve ever received? fire drill serious What are you involved in What’s the best meal I got a karaoke machine, After taking so long they Nicole Agama ‘21 around the law school? you’ve ever had? which I used to sing the afore- found the alarm was faulty I am the Social Programming Dim sum in San Francisco or mentioned Backstreet Boys. Every person in the build- Hey Nicole, thanks for chair for BLSA, a Lexis Nexis my mom’s crab cakes. ing just got a little more coming to Hot Bench! Rep, a PA for Section G (go What’s your favorite salty We heard you were born Section G, best section of the If you could meet one thing to do in Charlottes- in Canada. What’s your 1L class),1 a part of the Virginia celebrity, who would it be ville? Now here come tornados favorite thing about Innocence Project student and why? I love to go to dinner with to spoil a parade and the Canada? group, an Executive Editor for Michelle and Barack Obama. friends at different restaurants. night Their public transportation the Virginia Journal of Social It would be so cool to meet And the wineries—especially Merry Spookmas to all is on rubber wheels and so you Policy & the Law, and I am also them because they’re such Barboursville Vineyards. and to all a good fright can’t speak when you’re on it an executive board member of icons, especially as black law- because your voice is shaking Women of Color, and I just re- yers. Where is a place you --- the entire time. I had uncon- cently joined the SBA Diversity haven’t been but want to [email protected] trollable giggles the first time I Advisory Council.2 What’s your favorite visit? went on the train. hobby to avoid the stress Tahiti, but I hate flying. Wow, that’s a lot! Do of law school? What did you do this you have a favorite one Aerial yoga3 at Fly Dog! What are your seven summer? of those commitments wonders of the Law I interned for Judge Paula (besides being a PA, of Where is your favorite School? Xinis on the Federal District course)? place to vacation? (1) Danielle Gibbons’ Dog, Court for the District of Mary- That’s a really hard question, I love London. If I were to Max land. but I think BLSA is extremely, move anywhere else, it would (2) The BLSA Office extremely important to me. I be London. (3) The Lexis Lab4 What was your favorite (4) Section C last year (shout thing you did that you can 1 The interviewer would What’s something you out to them) tell us about? like to voice his disagreement wish you’d known about (5) Section G this year I think my favorite thing I with Agama on this point. law school before coming (6) Studying in the Garden worked on was this wrongful Section B is by far the best 1L to UVA Law? (7) Mandy detainer case that had to do section. I wish that I knew to not ---- with this complicated statute compare myself to others. I [email protected] where the only case law avail- 2 Agama is so involved also wish I knew that everyone able was from around the early that she uses a note on her 1900’s. We had to do a lot of phone to keep track, a fact 3 Shout out to Law 4 If you walk into the statutory interpretation, and that embarrasses her and Weekly’s Lena Welch ‘20, library, it’s to the right next so I got to work a lot with my highly entertains me. who teaches there! to a classroom. 6 The Back Page VIRGINIA LAW WEEKLY Wednesday, 6 November 2019 REPRODUCTIVE explicit and implicit bias, JUSTICE working within your own community, educating your Cartoon By Raphael continued from page 3 peers and calling for systemic change, and acknowledging goals, If/When/How works the work of people of color. to dismantle discrimina- In the end, Hayes closed with tory systems and institutions the idea that justice is multi- and create equitable policies dimensional and that there is and practices in their place. no one size fits all solution to One general way they hope the many issues they hope to to achieve this is to ensure address. that everyone has the same If/When/How’s next event level of access to healthcare at the Law School will be held and healthcare coverage. on Thursday, November 7 at Hayes then encouraged the 1 p.m. and will be a discus- audience to consider our own sion around the June Medical privileges and in turn our own Services v. Gee case which oppressions, related to factors the Supreme Court recently such as race, gender, status granted cert. The case in- (such as immigration status), volves a Louisiana abortion economics, and more. She law and that could have a explained that in doing so, big impact on the future of it will be easier to determine reproductive rights. If/When/ when working in reproductive How is bringing together a justice whether to “speak up” panel of experts for a discus- and share your unique per- sion about the case and the spective or ensure that your work that lawyers are doing to identity and experience is be- challenge laws that limit abor- ing represented, or whether to tion access. Speakers include “listen” and use your platform Amy Hagstrom Miller, CEO to include others that provide of Whole Woman’s Health; another perspective and may Heather Shumaker, Senior be better suited to speak on Counsel for Reproductive the topic. Hayes also implored Rights and Health at the Na- the audience to be more than tional Women’s Law Center; allies and take on the role of Pepis Rodriguez, Litigation PUBLIC SERVICE “co-conspirators” by playing Counsel at the Lawyering many law students start pon- says, “It’s a false choice that an active part in the reproduc- Project; and Kimya Forouzan, continued from page 5 dering questions of the future, pigeon-holes us.” Baker closed tive justice movement. She If/When/How Reproductive cumstances in your own life or considerations of practicality her remarks to a roaring round started her close by pointing Justice Legal Fellow at the in government when they are that conflict with our passions of applause saying, “As I see it, out the ways in which all of National Asian Pacific Ameri- hiring are all factors. You don’t may be the guiding force of our anyone can save the world.” this work can be done through can’s Women Forum. have to have it figured out all decision making. a racial justice lens by center- right now.” Baker later said, “so often in ---- ing the most marginalized and ---- As Baker later put it, “The law but also everywhere else [email protected] lifting up impacted communi- [email protected] point is we all have different there are all of these unneces- [email protected] ties, identifying systems of circumstances at different sary lines about doing good [email protected]

oppression and discrimina- times of our lives, reasons for in the world and who gets to tion, actively fighting against doingEnjoy! the thingsGMT. 2019 we do.” 21:37:37 As 4 Nov haveMon on the moral authority. She http://www.opensky.ca/sudoku by Generated

TIME EVENT LOCATION COST FOOD? WEDNESDAY – November 6 12:00 – Wellness Wednesday Free, RSVP to Kate WB 104 Provided 13:00 Sleep Seminar Duvall 13:00 – Financing Your Public SL 262 Free --- 14:00 Service Career Book Talk with Author 17:15 – Free, RSVP Puzzle 1 (Medium, difficulty ratingSUDOKU 0.49) and Adventurer Peter Minor Hall --- 18:30 requested Stark THURSDAY – November 7 11:50 – Impeachment and 8 Caplin Pavilion Free Provided 13:00 National Security 12:00 – First-Generation Student WB 104 Free Provided 1 2 4 6 9 13:30 Day Lunch June Medical and Beyond: 13:00 – Working to Defend WB 103 Free Provided 9 5 14:00 Reproductive Rights Alejandro Chaoul: Tibetan t 19:00 – Clemons Library 6 8 1 7 5 Yoga for Health and Free --- 20:00 Room 220 Wellness 20:00 – Fall Dance Concert Culbreth Theater Free for students --- 9 1 8 2 22:00 20:00 - New Music Ensemble Bridge PAI Free --- 21:30 5 2 6 1 4

o c k e FRIDAY – November 8 12:00 – West Coast 1L WB 128 Free --- 4 6 13:30 Jobs Panel Movie Night on : Tasting Room and D 17:00 – The Nightmare Before Taphouse at Mount Ida Free --- 20:00 7 6 9 4 3 Christmas Reserve 20:00 – h e Fall Dance Concert Culbreth Theater Free for students --- 22:00 1

T SATURDAY – November 9 11:00 – Cello Masterclass with Old Cabell Hall Free --- 12:00 Wesley Baldwin Room 107 Generated by http://www.opensky.ca/sudoku on Mon Nov 4 21:37:37 2019 GMT. Enjoy! 20:00 – Solution Fall Dance Concert Culbreth Theater Free for students ---

22:00 SUNDAY – November 10 9 5 7 1 8 4 6 3 2

Cavalier Symphony 14:00 Old Cabell Hall Free for students --- 2 3 4 5 9 6 7 8 1

Orchestra MONDAY – November 11 8 1 6 3 7 2 4 5 9

17:30 Brian Caputa Jazz Trio Oakhurst Inn Free --- 4 9 1 8 6 7 3 2 5 6 2 8 4 5 3 1 9 7

TUESDAY – November 12 5 7 3 2 1 9 8 4 6 11:30 – Fed Soc: Event with Judge 3 4 5 7 2 1 9 6 8 Caplin Pavilion Free Provided 12:45 Jennifer Elrod

VJIL: The Unreasonable 7 8 9 6 4 5 2 1 3 12:00 – Relevance of Admiralty 1 6 2 9 3 8 5 7 4

WB 103 Free Provided 13:00 Law to Current 0.49) rating difficulty (Medium, 1 Puzzle Controversies in Int’l Law