College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 2002 The Amicus Curiae (Vol. 12, Issue 8) Repository Citation "The Amicus Curiae (Vol. 12, Issue 8)" (2002). Student Newspaper (Amicus, Advocate...). 354. https://scholarship.law.wm.edu/newspapers/354 Copyright c 2002 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers • •• The mlCUS urlae OLUMEXII,l SUEEIGHT TUESDAY FEBRUARY 26, 2002 WILLIAM & MARY SCHOOL OF LA W Federalist Society Hosts Inside the Amicus JWOLSymposium ................. ...... ........ p2 Graduation Speaker .. .. .................... .. .. p9 ILSLecture........ ....................... .. ...... .... p3 WinterSportsOrgy. ..... ......... .............. plC Debate Over Use OF Dick Gregory Speaks Diversity ... ... .p4 Professor Dwyer Exposed. ................. p 11 Really Big Ad..... ............... .. ................ p5 DateAuction ........... ...... , .. ........ ........... .p12 Pete's Oscar Picks. ................ .. ........... p6 Barrister's Ball...... ............................. p13 Military Tribunals Poetry.. .............. .. ... .............................. p7 IBRLThank You ................................ pI4 By Adrienne Griffin witnesses and evidence. Further, capital Short Story....... ............. ................. ;.. ... .p8 TradingCards ...... ... ....... .................. .. .p15 cases would require a unanimous verdict Bar Workslzops .............. ....... ............. .. .pl ~ On February 7th the Federalist Society and the option of a three judge appeal presented a debate on the proposed use of process. Although Mr. Levy character­ military tribunals to prosecute person ized these proposed changes as bringing accused of terrorism directed at the United the tribunals closer to the American sys­ North Wing Dedicated States. Bob Levy argued against the use tem of justice and "good news," he cau­ of the tribunals. He is an adjunct professor tioned that the news is "not good enough." at the Georgetown University La\ Center He also pointed out that the government and the Senior Fellow in Constitutional has ruled out tribunals for Ameri can citi­ Studies aJ the Cato Institute, a non-profit zens, which was cited when it was an­ public policy foundation. The Institute' s nounced that John Walker Lindh, the man web site states that its purpose is "to described as ' the "Ameri an Taliban," broaden the public policy debate to allow would be tried in a civilian court. Mr. Levy consideration of the traditional American conceded that tribunals could be used for principles oflimited government, individual persons apprehended overseas, but finds liberty, free markets and peace." Arguing that they absolutely cannot be used for in favor of the tribunals was Colonel John those arrested in the United States. F. Phelps ofthe United States Army Legal Mr. Levy first looked at the text of the ervice , whonotedthathe~ asappearing Constitution and said that the Bill ofRigb/s in a \in ate rather than offlci.a\ capaci.t'j. app\ies to "persons not ci.ti.z.ens." Those Dennis Callahan ofthe Federalist Soci­ non-citizens arrested here would be de­ ety explained that readingA 11 the L01·~ ·S But pri ed of their Fourth, Fifth and Sixth One: Civil Liberties in TVartim e by Chief Amendment rights if tried by tribunal. Justice Rehnquist caused him to think Further, he argued that the Constitution is more about civil liberties during wartime. not meant to be set aside during war time, The Chief Jushce discusses the suspen­ except forthe narrow emergency situation sion of habeas corpus during the Civil provisions like the revocation of habeas Above: Dean Reveley cutting the ribbon to the North Wing with the assistance of current War, military tribunals and the Japanese corpus. If the Framers had wanted to W & M law students. The North Wing was officially dedicated Saturday, February 9th internment cases. but, Callahan points out, provide for other changes during wartime, in front of approximately 200 faculty, students, staff, alumni and college officials "itwasclearsoonafter911 1 that we would they could and would have done so in the . (i ncluding the Board of Visitors). Short remarks were given by College President soon be dealing with the issues Rehnquist Constitution. Levy then cited the 1942 Timothy Sullivan, College Rector Donald Patten, Law School Dean Taylor Reveley, and discusses. only in the context of the war on Supreme Court case of /::,--; Parte Quirin, SBA President Courtney Malveaux . Dean Reveley summed lip his fee lings in one word: terrorism." Because of the timeliness of which allowed for tribunals even for cit i- . "Hall elujah." The ribbon cutting (located in the doors by the Courtroom) was follO\ved the tribunal idea, and because "civilliber­ zens, if declared unlawful combatants. by an open house tour of the North Wing interspersed with buffets of cheese, fruit. and ties issues really highlight the conserva­ Although Levy contends that Querill it­ cookies. tivellibertarian divide wi thin the Federalist selfwas \ rongly decided, he stated that it Society." Callahan dec.ided a traditional lays out three conditions for the use of the debate would be the best format to pro­ tribunals. The tribunal system must allow mote careful consideration ofthe broader for civilian judicial re iew, must beautho- topic of civil liberties post 9/1 1. Cal1ahan. SBA 2002-2003 knows Mr. Levy from a ummer job at the Cato Institute and credits James Ewing Attention: President: Keith Wesolowski with being "instrumental in making the "The Amicus chooses not to publish program a success" because he knows anonymous articles. We do not edit for Vice President: William Lamberth Colonel Phelps and arranged for him to content and will publish almost anytlllng Secretary: Emily Anderson participate in the debate. that you write, but you must put your Treasurer: 'Jen Gorga Mr. Levy spoke first and prefaced his name on it. You may think we are "craven remarks by explaining that a leak from the cowards contributing to the downfall to 2L Representative: Katie Brewer Justice Department in late December indi­ our school," but that will not change our lL Representative: Kendra Arnold cated that the administration has changed policy. Any articles we have received its original concepti on ofthe military tribu­ anonymously may be resubmitted with a naL Specifically. the rules leak described name and we may, at that time, choose to Runoff election still to be scheduled between Michelle a revised system where the threshold of print them. Otherwise, they will be given ' proofwould be beyond a reasonable doubt, /their just reward - a place in the bottom Chappell and Michael DeLuca for the second lL the proceedings would be open, Fifth of a hellish recycling bin, without even Representative. Amendment protections v.:ould apply. and so much as a page spent in the purgato­ the accused would have the right to civil­ rial paper shredder." ian counsel and "reasonable access ' to 2 ===========================================~Tuesday, February 26, 2002 THE AMIC US JWOL:Teenaged Girls Lost in the System By Sarah Kinsman judge and head of the domestic violence free when she and her female friends spray­ often the mother's boyfriend. .Domestic unit at the D.C. Superior Court. painted and got into fights. The last theory violence is one of the most serious prob­ Girls who are arrested and prosecuted The presenters described changes in was that as boys are marginalized, girls lems underlying female juvenile delin­ in the nation'sjuvenile courts have differ­ the treatment of female juvenile miscreants follow. Withasmallerpoolofre'sponsible, quency, as well as child neglect. Girls may ent problems underlying their situations in the past 40 or so years. Before the latter crime-free boys with whom girls can asso­ have nowhere to tum to escape sinlations than boys, yet rarely receive rehabilitation years of the 20th century, teenaged girls ciate and date, girls will be drawn to crime in which they areabused or are not receiv­ or treatment tailored to their special needs. were arrested more often for status of­ to fit in with the boys on the margins. ing minimal care and supervision from an These issues were the central theme of fenses, such as running away or having Girls have different problems than bo s, adult. The girl runs away, or turns to drug the recent Journal of Women and the Law sex, than for crimes like drug possession or speakers said. In a recent ten-year period, abuse to escape the pain of her home life, symposium, "Lost in the System: Female trafficking, prostitution, or violent crime. the number offemale jU\'eniles in the sys­ or both. These girls are susceptible to Juvenile Delinquency in'the 21 st Cen­ Now, girls are often tried for drugs and tem on psychotropic medications in­ further involvement i'n crimes, and when tury." violent crimes. Scali presented statistics creased from around 30 percent to around stopped by police are charged with seri­ The symposium, held in Courtroom 2 I from the ABA report that showed de­ 60 percent. Sexual abuse is a severe prob­ ous offenses. During incarceration. they on Feb. 15 , was oneofthe most successful creases in convictions ofboys, or a smaller lem, where 70 percent ofgirls in the system receive little counseling to help them cope that JWOL has produced, according to rate of increase, for drug offenses, prop­