Law Weekly 2017, 2018, & 2019 ABA Law Student Division Best Newspaper Award-Winner A Look Paddington 2: Bearly Believable Legal Problem...... 2 Antitrust in the Biden Administration...... 3 Inside: Responding to Professor Setear's Letter to the Editor...... 5

Wednesday, 10 February 2021 The Newspaper of the School of Law Since 1948 Volume 73, Number 15 Preparing around north for Journal A Fireside Chat with grounds Tryouts? Check Out the Former Solicitor General Thumbs up to the new free mon- New Changes ey Congress might give out for having Christina Luk ’21 Noel Francisco children. ANG’s furbabies Editor-in-Chief (squirrels) had better qual- The University of Virginia ify or ANG will sue under School of Law’s journal try- either the Equal Protection out program has always been Clause or the Wildlife Fair- unique from journal tryouts at ness Equitable Doctrine. other schools. For one thing, we have a unified tryout that all Thumbs down journals, including the Virgin- to Stephen Parr’s ia Law Review, use to select its emails about the members. Most schools have a Law School’s in- separate tryout for each jour- clement weather policy. Not nal or one tryout for specialty that ANG ever goes to class, journals and another for law but for once, ANG feels like review. Second, our tryout, as it’s wrong to tease students 1Ls may have noticed, happens with the possibility of class in the middle of the Spring se- cancellations when every- mester. Our peer schools, on one knows classes will just the other hand, throw their be held on Zoom. 1Ls into the crucible immedi- ately after spring finals, which Thumbs up to is a bit like asking someone to DOGE (coin). run a marathon after a friendly ANG is going to re- triathlon. My favorite thing invest all of ANG’s about the our tryout program BigLaw summer earnings though, and arguably the best into imaginary Internet thing about it, is that it only money that comes with a takes a single weekend. Un- Pictured: Former Solicitor General Noel Francisco reflected on experiences working in the government, private sector, and clerking for Justice Scalia. Photo Courtesy of en.wikipedia.org meme. like the one to two week long Devon Chenelle ’23 ordeal that our peers at other Staff Editor selected for a position in the major pieces of litigation being Thumbs down schools suffer, our tryout is Bush administration, which he carried on on behalf of the fed- to Tom Brady. quick if not easy. On Wednesday, February described as “one long stint, eral government.” He described You just don’t get However, this year, the 3rd, the UVA Law Federalist with two jobs.” The first of those his role as the Solicitor General to win that much. Journal Tryout is taking place Society hosted “A Fireside Chat jobs was as Associate Counsel as seeing “whether these policy across two weekends instead with Former Solicitor General to President Bush in the Office positions can be reasonably de- Thumbs up for of one. According to Jess Fein- Noel Francisco.” For the event, of Counsel to the President. fended,” and asking whether sunny weather. berg ’21, outgoing Membership Professor Scott Ballenger (BA Francisco said, “What’s excit- there is “a reasonable argument ANG enjoys ANG’s & Inclusion Editor for VLR ’93, JD ’96) interviewed Fran- ing about working in the White I can make to defend the presi- continuing descent and the Tryout Administrator, cisco on his wide-ranging ca- House’s counsel office, you’re in dent’s policies.” into feral-ness, but it is the reason is two-fold. First, reer. the middle of the action.” Fran- In addition to his exten- starting to disturb the local the move to two weekends is Professor Ballenger began the cisco noted that “the best place sive background working for youth. in good faith meant to relieve talk by introducing Francisco, to hang out in the West Wing the government, Francisco also stress and to allow for more noting they met “twenty-five was right outside of Karl Rove’s has an impressive track record Thumbs down breaks and flexibility. The sec- years ago,” in “Justice Scalia’s doors,” because “Rove would in the private sector, where he to people wearing ond half of the tryout gives a chambers” while serving togeth- have a line of celebrities walking currently works as a partner at full suits, includ- full three days (Friday-Sunday) er as co-clerks. Appropriately in-and-out.” During that time, . Reflecting on the ing boujie pocket for the writing component, a enough, the talk began with a he met Bono and Bruce Willis. differences between the private squares and cufflinks—but change that encourages stu- recollection of Francisco’s time After working in the Office of and public sectors, Francisco not shoes—in class. While dents to take breaks. Second, as Scalia’s clerk. Francisco de- Counsel to the President, Fran- said, “I think when you’re in pri- ANG loves to maximize that built-in extra time will scribed a situation when Justice cisco moved to the Office of vate practice, you have the op- comfort especially in for- hopefully help folks with spe- Scalia “had written a dissenting Legal Counsel, which involved portunity to see a much broader mal attire, ANG recognizes cial accommodations to spend opinion . . . a classic Scalia dis- fascinating legal work. He high- range of issues,” because “often ANG’s feet smell, as other up to twice as long on the try- senting opinion,” and gave it to lighted a case involving an in- in government your position students should too. out, whose final day overlaps his clerks to look at. The clerks quiry into whether “an appoint- and strategy is locked in,” while with Wednesday classes. told the Justice “if you tone ment at the Vatican violated the “when you’re on the private Thumbs up to 1Ls will work on the Editing down the rhetoric, you might foreign emoluments clause,” side, you have to be a lot more guitar-smashers Component the first weekend, get other justices to join it.” But where “it was a really interest- creative.” everywhere. Re- capped at eight cumulative when Scalia gave a re-draft of ing set of issues that in all those Francisco concluded his talk grettably, ANG hours, and they will have the his opinion to the clerks, he had years had not gotten any sig- with advice for young lawyers has been advised that it is second weekend for the Writ- “actually jacked up the rheto- nificant treatment from OLC or on finding a balance between unprofessional to shout- ing Component, which re- ric,” remembered Francisco, as from anyone else.” your work and personal life. “I sing “YEA I GUESS/THE quires them to read 250 pages Scalia said “sometimes, I’ve just Francisco began working think that the most important END IS HERE” and then of materials or fewer and write gotta be me.” That, Francisco for the White House again when thing for every lawyer to do is scream when concluding an eight page paper. 2Ls and said, is his “favorite story of Jus- he was appointed Principal to understand who the client is moot court oral arguments. 3Ls will note that this is both tice Scalia, and what probably Deputy Solicitor General for the and how to serve that client,” a shorter writing assignment epitomizes what he’s about.” United States on January 23, said Francisco. And, “When Thumbs down and a lighter reading load—a Explaining Scalia’s reason- 2017, and was confirmed by the you’re a young lawyer, your cli- to the prospect of twenty and seventy page re- ing, Francisco noted that Sca- Senate as the Solicitor General ents really are the more senior Valentine’s Day duction from last year and the lia was “engaging in a debate on September 19, 2017. Francis- lawyers you’re working for, during COVID. year before, respectively. On across time,” and “his goal was co described the Solicitor Gen- [and] your job is to make them ANG’s failure to cuff via top of these changes, 1Ls will to persuade others.” As proof eral’s office as the “entity within look good.” the Internet is only com- be allowed for the first time of Scalia’s success, Francisco the DOJ that represents the The most successful attor- pounded by all of the forest in Tryout history to use the explained that at the start of U.S. in almost all cases before neys, Francisco thinks, “Are animals spending six more searchable online Bluebook. Scalia’s tenure “he was one of SCOTUS,” but, he noted “it can those who understand the role weeks hibernating. Thanks Other major changes include the only strict textualists on the play a much broader role within they’re supposed to play.” Last- for nothing, Punxsutawney a revamp of the Journal Try- court,” and “now there’s proba- the Executive Branch, as basi- ly, Francisco noted that despite Phil. out Toolkit, a comprehensive bly a textualist majority of five.” cally, the Department looks to his successful and high intensity After a few years in the the Solicitor General to provide JOURNAL TRYOUTS page 6 KEYNOTE page 2 private sector, Francisco was advice on how to pursue the 2 Columns VIRGINIA LAW WEEKLY Wednesday, 10 February 2021 KEYNOTE continued from page 1 Diversity Week Celebrates 15th Anniversary career, he has still been able to This week, February 8-12, UVA letter to the editor from Lambda Diversity in Big Law” at 12:30 networking, participants have strike a balance. “You know, Law is celebrating its 15th annual in the Law Weekly, signed by a p.m., featuring minority attor- several opportunities for a ca- I work hard, but I don’t think Diversity Week. The ideals pro- number of UVA Law professors, neys from half a dozen Big Law tered dinner from local restau- it’s been unmanageable,” said Dana Lake ‘23 students, and student organiza- firms; it was followed by a com- rants. The first thirty registrants 1 Francisco, noting, “I go to my Staff Editor tion chairs. Lambda implored, mon read event based around for sessions Tuesday through children’s sporting events, I go “If UVA Law gains a reputation the book The New Jim Crow and Friday will be treated to meals golfing once or twice a week moted during this for intolerance, we lose valuable the experiences of Black criminal from restaurants like Mahana with my daughter,” and “I think week-long event insights and perspectives when law practitioners at 5:00 p.m.; Fresh, Pearl Island, Pachamama clients recognize we need to are summed up minority students choose to go and the day wrapped-up with a Peru, and Mochiko Charlottes- have lives as well.” This law stu- in the Diversity elsewhere . . . UVA Law is special. Lambda and HLA event at 6:30 ville. Check out the brochure dent found those to be inspiring Pledge: All students ought to share fully p.m. discussing the ramificatons emailed on February 4 for de- words from someone far busier “As a member of the UVA Law in the privilege of participating of the COVID-19 crisis on the tails. Law Students can also grab and more successful than him- community, I hold that . . . Every in its rich traditions and strong queer community. friends and join in a virtual diver- 2 self, and hopes others will find Kathryn Querner ‘22 sense of community.” Diversity Week’s inaugural sity trivia on Wednesday, hosted them helpful as well. Executive Editor These sentiments remain as keynote takes place on Wednes- by SBA. There are prizes for first salient today as they were then, day at 12:30 p.m. with Robert and second place and the event --- person has worth as core values of love, tolerance, Grey. Grey is the president of will be via Twitch. Finally, there as an individual. and community are under siege the Leadership Council on Legal is a free t-shirt for every student [email protected] WEEK 2021 Every person is by widespread, hateful, and in- Diversity and senior partner at who signs the Diversity Pledge. FEBRUARY 8-12, 2021 entitled to dignity tolerant political messages. To Hunton Andrews Kurth. As the It’s a sharp design, and they are and respect, re- continue UVA Law’s tradition of first person of color to serve as available for pickup in Hunton gardless of class, color, disability, rejecting intolerance, Diversity chair of the ABA House of Dele- Andrews Kurth Hall. gender identify, nationality, race, Week offers a number of events gates, Grey is a national leader in This year’s Diversity Week Scan this QR religion, sex, or sexual orienta- to honor and celebrate the diver- bringing diversity and inclusivity features a wide array of speak- SIGNCode to AccessTHE tion. I affirm that prejudice has sity within our community. to the legal profession and every ers and topics, combined with a no place in the UVA Law com- The week of events started student is encouraged to listen-in variety of accessible panel times the Virtual munity—now or ever.” out strong on Monday with the on his session. and ways to participate. There is Diversity Week began as an BLSA and WOC’s panel “A Black Thursday’s events include a a place for every student to get Diversity initiative by Lambda Law Alli- Lady Courtroom.” Four judges dinner talk and Q&A on the tran- involved this week. Celebrating PLEDGEPledge! ance in 2006, in response to an from every level of the judicial sition to public interest from pri- and respecting diversity is critical act of hate against two UVA Law system, including a member of vate practice. Additionally, there to fostering an inclusive and wel- students. The incident of intol- Virginia’s Supreme Court, dis- is a focus on diversity in private coming UVA Law community. erance occured at the Foxfield cussed what it means to be a practice at 5:00 p.m. To affirm a commitment to di- Races—two openly gay UVA Law Black woman in the law. Friday concludes with a read- versity, please sign the Diversity students were verbally and phys- Tuesday continued as the ing and reflection session at Pledge. This year, the Diversity ically harassed by a fellow stu- busiest single day of Diversity noon, centered around the expe- Pledge will be virtual in order to dent. This high-profile incident Week, with three events spread riences of minority students here minimize contact and ensure so- drew widespread outrage from throughout the day: There was at the Law School. Students have cial distancing. Be a part of the the community. Lambda saw an a panel on “Perspectives on the opportunity to share their re- tradition and sign at: https:// opportunity to draw on the com- flections with the panel organiz- forms.gle/3pDE3vctymuvcsZx6. munity’s unified shame toward 1 “Letter to the Editor: ers to foster discussions rooted Let’s work together to contrib- the act of hate, and established Community Must Be Support- in the everyday reality of being a ute to UVA Law’s efforts to pro- Diversity Week as a celebration ive of All Students,” Virginia minority at UVA. Every student mote respect and diversity. of and devotion to respecting our Law Weekly, Vol. 59. Number is invited to attend and contrib- --- differences. 5, September 29, 2006. ute. [email protected] The initiative behind Di- In between the spiritual [email protected] versity Week was published as a 2 Id. growth, horizon-expansion, and GRABA Bear A Gives Injustice A Hard Stare

Among the DVDs grac- ing that with any immigration down in circumstances where cases fairly and impartially.” provoke thought about how ing the shelves of the Arthur issues resolved, the young there appears to be bias, or, as (Emphasis added.) people, not just bears, are FREEJ. Morris Law SHIRT Library is the bear would not be facing legal it is put, ‘apparent bias’. Judi- Regina v. Paddington treated by our institutions. cial recusal is not then a mat- Brown, by this standard, fails Anna Bninski ‘23 troubles in the sequel. Alas Opining that Paddington 2 ter of discretion . . . The test Staff EditorSBA DIVERSITY ADVISORYfor Paddington, COUNCIL that is not the as an exercise of judicial pow- is good is not a hot take (I see case. for determining apparent bias er. Not only was I, as a viewer, you, record-breaking 100% 2017 film Pad- The film opens with Pad- is now established to be this: aghast at the apparent judi- Fresh rating on Rotten To- dington 2. Seek- dington (ably voiced by Ben If a fair-minded and informed cial bias, but the ten-year sen- matoes). But if your semester ing some start- Whishaw) trying to find the observer, having considered tence imposed on Paddington needs a heartwarming inter- of-semester best possible present for the the facts, would conclude that shocks the conscience. It is lude with just enough legal tranquility and 100th birthday of his Aunt there was a real possibility also unclear why Paddington, intrigue to be written off as anticipating marmalade- Lucy, who lives in the Home that the judge was biased, the who is a young bear, was tried highly relevant research in related escapades, I checked for Retired Bears in Lima. judge must recuse himself: as an adult; although the age common law systems, this it out, little reckoning that However, things quickly go see Porter v Magill [2002] of criminal responsibility in movie is for you. a PG children’s-movie se- south when Paddington, at- 2 AC 357 at [102].” Mengiste the UK is ten, anyone under There are also actual movie quel would not only rend my tempting to interrupt an in- and another v Endowment eighteen should be tried in still available here: https:// heartstrings but also critique cident of breaking and enter- Fund for the Rehabilitation youth court, and even offend- www.moviestillsdb.com/ miscarriages of justice in the ing, is mistaken for the thief of Tigray and others, [2013] ers age eighteen to twenty- movies/paddington- UK’s penal system. of a valuable pop-up book. EWCA Civ 1003; [2013] WLR give are imprisoned in age- 2-i4468740/KrikWa (For those unlucky enough Paddington is convicted, (D) 337. specific detention, not “a full to never have encountered largely on the testimony of The judge presiding over adult prison.” Age of Crimi- --- Paddington, here’s a run- a washed-up actor named Regina v. Paddington Brown nal Responsibility, https:// down: He is a small, self-pos- Phoenix Buchanan (played had, some short time prior to www.gov.uk/age-of-criminal- [email protected] sessed Peruvian bear who first by Hugh Grant, who seems to the case, encountered Pad- responsibility, retrieved Feb- appeared in a 1958 novel by be having the time of his life dington at the bear’s place of ruary 3, 2021. Michael Bond. Having stowed chewing through scenery). (brief) employment: a bar- Because this is a family film, aboard a ship and subsisted While the viewer may be cer- ber’s shop. A series of ursine Paddington’s time of impris- on marmalade for the voyage, tain that Buchanan’s testimo- mishaps led to the judge leav- onment is comparatively brief he arrived in London and was ny is suspect, a more pressing ing with a bizarre marmalade- and includes a pastiche of the adopted by the Brown family, legal problem overshadows smeared tonsure. This surely Great British Baking Show. whose neighbors mostly take the progress of justice in Pad- qualifies as an “involvement But despite that levity, the in stride the arrival of a talk- dington’s case. with one of the parties in the film also explores how incar- ing bear. Hijinks precipitated Those familiar with 28 U.S. past,” which Lady Justice ceration severs the social ties, by Paddington’s literalism, Code Section 455(a) will recall Ardern, in the opinion cited leaving inmates feeling for- limited knowledge, strong that (a) “Any justice, judge, above, identified as one of gotten by their loved ones and moral sense, and extreme in- or magistrate judge of the the circumstances that can understandably jaded about terest in marmalade ensue. United States shall disqualify require judicial recusal. The the inefficacy of the criminal Does that sound twee? It is. himself in any proceeding in opinion also placed consider- justice system. No matter how But it’s also wonderfully writ- which his impartiality might able stress on optics: “Courts much Paddington’s persever- ten, warmhearted, and very reasonably be questioned.” need to be vigilant not only ance and will to see the best in funny.) While, of course, United that the judiciary remains others improve conditions in Since Paddington was firm- States federal law is not ap- independent but also that it the prison, the fact remains: ly ensconced with the Brown plicable, rest assured that is seen to be independent of He’s a young creature unjust- family at the end of Padding- the UK operates with a corre- any influence that might rea- ly removed from everyone he

ton, released in 2014, one sponding principle of judicial sonably be perceived as com- knows and loves, whose fic- Pictured: The most educational resource available in the Arthur could be forgiven for expect- recusal: “A judge must step promising its ability to judge tional plight can and should J. Morris Law Library. Photo Courtesy of Anna Bninski '23. Wednesday, 10 February 2021 VIRGINIA LAW WEEKLY Features 3 Antitrust at a Crossroads: The Biden Administration The Biden-Harris Administra- three against Google and two said3 he holds a view deferential antitrust enforcement, reflects and clarifying the role of market tion inherited an era of antitrust against Facebook. These are the to the directive of the legisla- the prospects of tenacious lead- definition in antitrust inquiries. akin to that at the turn of the ear- biggest antitrust cases that the ture’s intentions and not purely ership that will be strong enough The Executive | The ly 20th century. Except, rather government has considered in economic analysis. Incoming AG to rally political-will in push- Biden-Harris White House the past quarter-century (since Garland is forecasted to bring a ing antitrust reform legislation, A Populist-Paradigm, Donna Faye the Microsoft case). At a time balanced lens, likely guiding the coinciding with the advent of potentially in the form Imadi ‘22 when antitrust law is at a cross- DOJ to pursue well-developed a Democratic-controlled Con- of an Antitrust Czar Current Events roads, with a philosophical de- cases in legal and policy prin- gress. Chairwoman Klobuchar The Administration has been Editor bate2 questioning the efficacy of ciples. may even conduct investiga- vocal in their advocacy of bring- than the indus- the consumer welfare standard, Congress | Senate Judi- tions into BigTech and other ing a diversity and equity lens8 trial era, it is the the arguments that animate and ciary and House Judiciary concentrated industries, akin to many of their policy efforts. new technologi- determine the outcome of these Subcommittee on Antitrust to the House Subcommittee in Action on reviewing impacts cal dynamism in the economy cases have great potential to re- Chairwoman Amy Klobuchar 2020, which led to a sweeping of algorithm bias, antitrusts challenging our leaders to craft shape the economic theories and and the Antitrust Law Enforce- 450-page report.6 Notably, the and labor, and introducing a a path forward in a pandemic- concepts applicable to antitrust ment Reform Act Republican-minority issued a civil-rights lens to competition ridden business climate. How in a tech-driven future. As Democrats control the companion7 report agreeing with policy, will be influenced by the does the Biden Administration Further, the nomination of House and Senate, the potential Democrats on increasing agency forthcoming FTC Chair (yet to intend to chart a path forward? Merrick Garland as Attorney for legislative reform on antitrust funding, data portability and be announced). Further, the From Federal agencies, Con- General marks only the second is sky-high. Amy Klobuchar’s interoperability, reforming the Administration has entertained gress, and the Executive Branch, time in DOJ history where the appointment as the Chair of the burden of proof in merger cases, proposals for a hyper-specialized here are some key developments AG has had extensive experi- Senate Judiciary Subcommittee office: an “Antitrust Czar,” who to watch in 2021. ence in antitrust. Incoming AG on antitrust is setting a tone for cfm/2020/3/klobuchar-in- may oversee the coordination The Agencies | DOJ & FTC Garland taught antitrust law at greater antitrust scrutiny, with troduces-legislation-to-deter- and information sharing back- Expert Leadership in An- Harvard University and has a her sweeping proposed reform anticompetitive-abuses and-forth between the agencies. titrust with DOJ AG Merrick reputation as a well-balanced bill, “Antitrust Law Enforcement The prospect of such a conduit Garland and BigTech Investi- expert. In his recent 2019 opin- Reform Act,”4 referred to as the 6 https://www.google. may be arguably beneficial in gations continued... ion as a judge on the U.S. Court biggest overhaul of antitrust com/url?q=https://www. increasing coordination, yet has The Biden Administration’s of Appeals for the D.C. Circuit in laws in forty-five years. Sena- skadden.com/-/media/files/ potential to be harmful if viewed DOJ and FTC, two apolitical Marshall’s Locksmith Service v. tor Klobuchar, who has a repu- publications/2021/01/2021- as politicizing and duplicating antitrust enforcement agencies, Google, he affirmed the dismiss- tation5 for advocating stronger insights/competition_in_dig- the efforts of the apolitical agen- are inheriting major monopo- al of claims against Google, Mi- ital_markets_450_pages.pd cies. lization cases against Google crosoft, and Yahoo! by applying 3 https://www.law. f?la%3Den&sa=D&source=e 2021 at a Crossroads and Facebook, with probes also the Communications Decency com/thelegalintelligenc- ditors&ust=1612836072683 Antitrust has become a central open into Apple and Amazon. Act’s Section 230 immunity pro- er/2021/01/22/attorney-gen- 000&usg=AOvVaw2hvmb_ concern, not least due to worries If regulatory action is not taken visions; though it has also been eral-nominee-merrick-gar- gWh766ppqv0e6sYN over economic concentration in Congress to clarify our anti- lands-antitrust-experience/ and income inequality. Impli- trust laws, these agencies may 7 https://www.google. cations of the concentration of be at the helm of setting prec- berglaw.com/antitrust/ 4 https://www.cnbc. com/url?q=https://www. power in the hands of a few com- edents that will transform the what-to-expect-in-antitrust- com/2021/02/04/klobuchar- skadden.com/-/media/files/ panies controlling information, application of antitrust law in policy-enforcement-from- unveils-sweeping-antitrust- publications/2021/01/2021- the 21st century, wherein new biden-administration bill-laying-out-her-vision-as- insights/buck_report_com- 8 https://www.c-span.org/ technologies are redefining our new-subcommittee-chair-. panion_report.pdf?la%3De video/?507733-1/communi- understanding of market struc- 2 https://www.lawweekly. html n&sa=D&source=editors&u cators-social-media-tech-is- ture. The five cases1 include org/front-page/2019/10/2/ st=1612836089687000&us sues-2021 make-antitrust-cool-again-an- 5 https://www.klobuchar. g=AOvVaw0kBYL6t_kL5us- 1 https://news.bloom- titrust-in-the-digital-economy senate.gov/public/index. RqW3T8aF8 ANTITRUST page 6 Feeling Judgey: Which Bread Rises to the Top?

When I originally agreed to a horrible take. On a positive tions, Cheesecake Factory is the this isn’t the type of life you long appetizer at my wedding? You write this article, I planned to note, their recipe is easily acces- surprise addition to this list. I’m for, I feel sorry for you. bet.3 Phil Tonseth ‘22 sible so you can still enjoy them not sure if anyone at the Law 3) Outback Honeywheat 1) Olive Garden Bread- Production Editor while being COVID compliant School has been to the Cheese- Bushman Bread sticks at home. cake Factory since middle Sweet and savory. Soft yet Michael Berdan ’22 summed shell my way 9) McDonald’s Hamburg- school, but if so, it’s probably crispy. A whole loaf of bread these breadsticks up perfectly, through all of the er Buns because their bread is far supe- served while impaled with a asking, “Are their breadsticks reasons why tur- This is a risky play here. Most rior to their actual cake. Serving knife on a chic cutting board. really great, or are you just in- tles are under- people either love or hate Mc- both white and brown bread Having to compete with the toxicated by their unlimited appreciated and Donald’s, and those who love it and packing the leftover bread Bloomin’ Onion devalues it abundance, and the quaint Ital- make wonderful pets. Then, I usually only eat their fries. Their to go for you is a clutch idea. to the general public, but this ian neighborhood restaurant at- played Stan Birch ’22 in Mario buns, while average, are highly 6) Carrabba’s Bread and bread is nothing to sleep on. My mosphere?” I’d argue all three, Kart and was hit with too many versatile—ranging from holding Oil biggest complaint is that they because when you’re there, shells to be willing to subject hamburgers and chicken pat- Sliced Italian bread truly isn’t don’t give you enough, a.k.a. you’re family. I love you Olive myself to further torture of talk- ties to fake fish thingies. Their anything to write home about, endless bread a la Olive Garden. Garden, please come to C’ville ing about turtles again.1 There- sign shows they’ve served over but the addictive herb-seasoned 2) Texas Roadhouse Rolls <3. fore, let’s talk about something ninety-nine billion sandwiches, olive oil dip is what propels this If I die of a heart attack by everyone loves, carbs. Since which seems like the type of bread up the charts. Although forty, it will solely be due to --- nobody has really gone out to math I’d use to calculate dam- I never found Carrabba’s to be my overconsumption of these [email protected] eat in over a year now, I believe ages in torts. I’d give this bun a “fine dining” when I was grow- rolls and the associated honey it’s my civic duty to remind the solid, yet underwhelming grade. ing up, like Leah Deskins ’21, butter. Do I really go to Texas masses which chain restaurants 8) Subway Bread the overall aura of their bread Roadhouse for anything other 3 If for some reason, what- have the best bread that you can Welcome to the “great culi- appetizer is quite fancy amongst than the bread? Absolutely not. ever woman who unwittingly hopefully partake in soon. nary-philosophical dilemmas their peers. Do I ask my waiter there to refill decides to marry me reads 10) Cheddar Bay Biscuits of our time,” a.k.a. whether the 5) Zaxby’s Texas Toast/ my roll basket literally anytime I this, you’re welcome. Every- – Red Lobster bread used at Subway meets the Panera Bread see a waiter walk by? Absolutely one will love our wedding sole- Personally, I’m not a fan of standard for bread under Irish For both of these places, they yes. Will I serve these rolls as an ly because of this. Red Lobster. It seems like an law. Spoiler alert, there’s too offer sides of bread despite the upscale version of Long John much sugar content per weight fact bread could be the vast Silvers, except you eat at a table of flour in it, meaning per Ire- majority of the meal you are instead of in your car. Nonethe- land law, Subway sandwiches ordering the side for (i.e. soup less, apparently their cheddar are served as confectionaries.2 in a bread bowl, sandwich) . . . biscuits are delicious, to the I’d argue the only sweet thing I’m not sure how to adequately point that they serve over one about Subway’s bread is that I judge their bread, but since million a day. They’ve honestly can get a five-dollar foot-long, both of these breads ‘slap,’ they only made this list because Will hence the volume per price ratio deserve their elevated position. Mcdermott ’22 believes they’re is the only reason it lands this 4) Cracker Barrel Bis- better than both Outback and high on my ranking. cuits and Corn Muffins Olive Garden bread, and I had 7) Cheesecake Factory Con: You have to request to publicly shame him for such Bread x2 your assorted bread basket. Pro: Coming in hot with two op- Serving both biscuits and corn 1 Mainly red and green muffins, these delectable treats shells, but of course the one 2 https://www.theguard- can be loaded with jam, honey, time I was leading, Stan hit me ian.com/world/2020/oct/01/ or butter and enjoyed while with the dreaded blue shell of irish-court-rules-subway- casually sitting back on one of Pictured: The most generous family you could ever have. I mean, who else offers endless salad and breadsticks? Photo Courtesy of death. bread-is-not-bread their signature rocking chairs. If en.wikipedia.irg 4 Colophon VIRGINIA LAW WEEKLY Wednesday, 10 February 2021 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]

Froz T. Snowman v. III. The Peter Pan Cov- this case, I can’t find standing snowball fight. plain bad. Therefore, I half- Student Administration enant for Snowman. There are two heartedly concur. 73 U.Va 15 (2021) The Peter Pan Covenant, major issues with Snowman’s Tonseth, J., concurs in part, Since over one-third of widely known as You’re Never case. First, UVA Law didn’t dissents in part. every UVA Law’s graduating Pickett, J., delivered the Too Old to Have Fun, provides put all hybrid classes online class works in City, opinion of the Court, in that a student at rest stays on Monday. It only put hybrid “I do not join the Court’s how about we apply some which Deskins, Calamaro, at rest unless acted on by an classes online that started be- opinion because I am not sure New-York-specific law and see Luévano, Jones, Re, Querner, outside force. When it snows, fore 10:00 a.m. And people what it means.”2 These hal- how the Petitioners like those and Luk, C.J., join. Tonseth, students default to rest. They who take in-person classes lowed words by my former col- apples?5 Section 4528 of the J., concurs in part, dissents deserve to curl up inside with a before 10:00 a.m. don’t, to be league on the Supreme Court New York Civil Practice Law in part. good book or movie and hot co- frank, deserve standing in any ring equally as true in this and Rules states that “any re- coa, or to go outside and have case. This Justice is not an ear- case. From my humble vantage cord of the observations of Justice Pickett delivered fun. And so, a snow day makes ly riser and I object to any show point atop my ivory tower, I the weather, taken under the the opinion of the Court. perfect sense—let students stay of favor toward early risers. cannot stand for this attempt- direction of the United States at rest before pushing them Plus, as the concurrence points ed besmirchment of justice. weather bureau, is prima facie I. Introduction back into the exhausting world out, it mostly affected 1Ls and Jurisprudentially, there are evidence of the facts stated.” Growing up in the Mid- of law school. 1Ls always losing is a staple almost as many holes in Jus- In the case at hand, however, west, I had the privilege of ex- petitioners fail to rely on the periencing some of the best required weather data from a days known to humankind: hey’ve already taken Spring certified bureau to establish Snow Days. When the news the prima facie case.6 If Froz is would arrive that we had the Break and spread it out over attempting to use the weather day off from school, I would "T data from the events of the rush to get dressed in my the whole semester, but they aren’t snow day, which occurred on warmest clothes before ven- Sunday, and apply it to the fol- turing outside to frolic with done yet. They want all fun gone." lowing day of class, then the my neighbors. There would be petitioners’ desired outcome sledding and snowball fights, Respondents today (UVA underpinning of the Court of tice Pickett’s opinion as there would be a classic case of judi- followed by hot chocolate by Law) seek to overturn the Peter Petty Appeals. If we let 1Ls win, are emails from Diddy Morris cial overreach. Further, after a warm fires. But, snow days in Pan Covenant, claiming that then we are opening the door in my junkmail folder.3 Justice cursory look at LawWeb, there 2020/2021 are different. As there is no right to rest or to to a slippery slope of giving 1Ls Pickett “tells us, by a process of are only two Monday morning the world has been forced on- have fun. They’ve already taken rights. retrospective crystal-ball gaz- classes that were detrimentally line, it seems that there is never Spring Break and spread it out The second issue is that ing posing as legal analysis,”4 affected prior to the School an excuse not to be working. over the whole semester, but this case is based on a hypo- that Froz T. Snowman lacks opening up at 10:00.7 Because And as schools embrace on- they aren’t done yet. They want thetical. I don’t know a lot standing. Standing shcmand- line learning, the question be- all fun gone. about standing, but I do know ing. However, Froz’s farcical 5 While I personally love comes: Why give people a snow But the Peter Pan Cov- that courts generally shouldn’t pseudo-legal analysis is just big apples, I will only eat gran- day when we can all just attend enant is as old as the Cold Call. decide hypothetical cases on ny smith apples. Sue me. class from the comfort of our For as long as there has been hypothetical issues. Something 2 Edwards v. Arizona, 451 own homes? That question is misery, there has been fun, and about separation of powers and U.S. 477, 101 S. Ct. 1880 (1981) 6 Tbh, I have no idea what what brings us here today. the Peter Pan Covenant has Article III. If I could decide (J. Powell, concurring). “prima facie case” even means, II. Facts always been this Court’s way hypothetical cases, though, I still. Let’s hope I’m never a liti- On Sunday, January 30, of enforcing ~some~ kind of would absolutely #FreeBrit- 3 Yes, I still filled these out, gator. 2021, snow fell upon Charlot- work life balance. And so today ney. So, until UVA Law actu- but Google auto-sorted them tesville, Virginia. In the lead we reiterate the legality and ally moves all classes online anyways. 7 R.I.P. to the 1Ls who have up to that day, student Froz T. importance of the doctrine. If because of the snow, I simply ConLaw at 8 a.m. on a Mon- Snowman received an email UVA Law finds the weather can’t make a ruling. 4 Missouri v. Frye, 566 U.S. day. Woof. that described the Law School’s bad enough to cancel in-person V. Conclusion 134, 132 S. Ct. 1399 (2012) (J. inclement weather protocol. It classes, it must cancel classes While I have sadly ruled Scalia, dissenting). COPA page 5 indicated that classes could be of all kinds. Let the kids play.1 against Snowman in this case, I canceled in the event of a snow IV. Standing would like to make my position day, or that they could all be Unfortunately for Snowman, perfectly clear. IF UVA Law Faculty Quotes moved online. Feeling as nos- however, I am taking Federal cancels all in-person classes, talgic for snow days of old as Courts this semester. So, I have but does not give us a snow R. Harmon: "Do some the theory of mushrooms.” Conservatives are for Antonin standing on my mind. And in day, then a law student would homework. Figure out who Scalia dissents, Snowman sued be able to sue and they would Yertle the Turtle is." C. Barzun: “It’s just two UVA Law, hoping to enjoin 1 The concurrence claims win in this case. But sadly, that minutes of sort’ve . . . torture.” them from moving classes on- that I am attempting to attend hasn’t happened yet. And if it R. Verkerke: “I love how line instead of giving students school even less than a normal does, I look forward to seeing many cat familiars are invad- J. Cannon: “Golf course the snow day they deserve. second semester 3L. He is cor- you all out in front of the Law ing your screens! We have so owners say, ‘It’s green! It has rect. School for a socially distant many cats attending our sem- trees! How could it not be for inar.” a conservation purpose?’”

J. Harrison: "Poof! There S. Prakash: “I think Jef- Virginia Law Weekly goes the general law." ferson would say to your point ‘intended schmintended.’” COLOPHON E. Kitch: “Say we were Christina Luk ’21 studying mushrooms. It Heard a good professor Editor-in-Chief would take a lifetime to study quote? Email editor@law- them all! But we won’t do that. weekly.org Kathryn Querner ‘22 It’s more like we’re studying 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. Advanced written permission of the Virginia Law Weekly is also required for reproduction of any cartoon or illustration. Virginia Law Weekly 580 Massie Road Phone: 434.812.3229 University of Virginia School of Law [email protected] Charlottesville, Virginia 22903-1789 www.lawweekly.org EDITORIAL POLICY: The Virginia Law Weekly publishes letters and columns of interest to the Law School and the legal community at large. Views expressed in such submissions are those of the author(s) and not necessarily those of the Law Weekly or the Editorial Board. Letters from organizations must bear the name, signature, and title of the person authorizing the submission. All letters and columns must either be submitted in hardcopy bearing a handwritten signature along with an electronic version, or be mailed from the author’s e-mail account. Sub- missions must be received by 12 p.m. Sunday before publication and must be in accordance with the submission guidelines. 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, 10 February 2021 VIRGINIA LAW WEEKLY Hot Bench 5 COPA continued from page 4 Response to a Letter to the Editor “1Ls always lose” is a founding Corpus Linguistics and Legal Interpretation Part 2: An Imperfect Tool doctrine of the Court of Petty Appeals, I find no merit in (The following was written as a would say a finding of irreduc- As you rightly pointed out, es to the same. What side of this these petitioners being able to reply to Professor John Setear’s ible linguistic ambiguity in a choosing a relevant and rep- debate one falls on affects what argue their case successfully. Letter to the Editor, appearing in given situation is itself valuable.) resentative database can be a questions one asks and what As a sheer matter of prin- And inasmuch as one starts with thorny issue, and depends at corpus or parts of a corpus5 are ciple, and dare I say laziness, Rachel Martin ‘23 the text, I think it better to take least in part on what question relevant to answering them. I Justice Pickett would attempt Staff Editor account of all the tools at one’s you are asking. If one wants to do not intend to weigh in on the to implement a snow-day disposal and their strengths and know more about the terms of debate between originalism, liv- solely to avoid attending class, the Law Weekly, flaws, rather than to blindly bow art used in the diamond trade, ing constitutionalism, and other even though he only Zooms Volume 73, Edi- down before the divining rod of then a general, “balanced” cor- such ‘-isms’, as my initial impres- from home.8 This inclination tion 14, respond- the dictionary and the whims pus designed to be representa- sions6 are that they all have some to cancel classes goes against ing to the author’s and caprices of its compilers. tive of the English language as degree of merit and fault, and I prior precedent advocating for article “Corpus Corpora and other linguistic a whole3 would probably not be do not pretend to have the wis- more snacks from the school, Linguistics and Legal Interpre- tools are merely that—tools. Cor- very helpful. However, even in dom or experience to proclaim additional access to Seminar tation: A (Very Brief) Introduc- pora provide a way to compile specialized trades, much of the some sort of ideal mix. However, rooms, and decreased tuition tion,” Volume 73, Edition 13.) and search naturally occurring language used might be termed whatever side one takes, I would due to the transition from in- Dear Professor Setear, language and were built to aid “ordinary”—e.g. “dog” in a vet- encourage transparency about person classes to Zoom. Rival- Thank you for taking the time in the study and teaching of lan- erinarian manual or animal con- what one is doing and take care ing Veruca Salt in sheer audac- to engage with my article. I actu- guages.1 Tools such as corpora trol statute—and in these cases a in avoiding the many method- ity, the majority demands all ally agree with a lot of what you are neither inherently good nor general corpus may suffice. ological pitfalls that could lead to of these treats from the Law said—as I mentioned at the end bad, neither inherently conser- Philosophical differences on confirmation bias.7 School, for a reduced price, of my article, corpora and other vative nor progressive. As one il- what to prioritize also come into while also apparently attend- linguistic tools are not going to lustration, data from the Corpus play. Languages change over 5 One can either choose ing school even less than a nor- be a panacea for all the woes of of Founding Era American Eng- time.4 One may favor contem- between historical and con- mal second-semester 3L. If this legal interpretation. Due to space lish (COFEA) has recently been porary ordinary meaning on temporary corpora, or take makes sense to any lawyer be- constraints, I admittedly had to used to argue that the phrase the principle that legal language a corpus like the Corpus of yond Rudy Giuliani, God help simplify things quite a bit and “bear arms” was, at the time of should be understandable to the Historical American English us and this profession. Time gloss over a lot of the complica- the founding, used overwhelm- contemporary ordinary people (COHA), which spans from for Froz T. Snowman and his tions and qualifications (hence ingly in a military or collective, whose behavior it is aimed at. 1810–2009, and sort and com- problems to melt away. the “(Very Brief)” in the title). I not individual, sense.2 Another may favor a variant of pare results by decade. cannot give a full account of all original meaning on the prin- --- said complications here, but I 1 While some recent cor- ciple that judges should follow 6 Being in only my third would like to take the opportu- pora, such as COFEA, were what was actually enacted by the week of Constitutional Law. [email protected] nity you have provided to make at least inspired by potential voice of the people through the [email protected] a few more general comments. legal applications, and others legislature and leave any chang- 7 Such as searching for As a general matter, I think compile legal texts, these are “firearm,” “carry,” and “ve- that anything purporting to be recent developments and not 3 I would be remiss in my hicle,” if one wants to know an interpretation of a written the norm. duty if I did not mention that whether “carry a firearm” text should probably at least how to properly balance gen- more commonly means 8 Two points should be start with said text, even if in 2 See, e.g., Neal Goldfarb, eral corpora is also a matter of “transport by vehicle” or “have made here: a) Justice Pickett many or most cases the process Corpora and the Second debate. on one’s person.” See Stephen and I have an RBG/Scalia re- cannot end there. (It often can- Amendment: “bear arms” C. Mouritsen, The Dictionary lationship off of the Court & 2) not end there because language (part 1), plus a look at “the 4 Consider the word “gay” is Not a Fortress: Definitional he’s a 3L, do you expect any- is, after all, inherently ambigu- people,” LAWnLinguistics or, as you pointed out, “feder- CORPUS PT. 2 page 6 thing less? ous to some extent. However, I (Apr. 29, 2019). alist.”

Japan and, when he came ended up unhappy with the Most people focus on one I graduated high school, I HOT back to Korea after World direction Taekwondo was or two competitions. I spe- could do what I wanted with War II, he only spoke Japa- headed. Choi felt he was not cialized in sparring and Taekwondo. But, by the time nese. Everyone at school getting the recognition he forms. As a kid, I was better I went off to college, I loved BENCH bullied him. He didn’t even deserved, so he formed ITF at forms, but as I’ve gotten Taekwondo. It’ll be a part of know enough Korean to ex- (International Taekwon-do older I’ve become more in- me forever. plain his situation. Essen- Federation) in North Korea. terested in sparring. I think And, as credit to my moth- tially, he got so angry about A relative of Choi’s formed starting at such a young er because I did just say she being called a “Japanese the other branch of ITF age hurt me, I was always wasn’t a fun teacher, she was bastard” that he wanted to which basically didn’t agree sparring kids older in class much more balanced with beat up the kids doing it, so with World Taekwondo but which hurt my confidence. my training than her father he learned Taekwondo. By didn’t want to be involved But my parents were really was with her. She competed the time he came to the U.S. with North Korea. hard about good technique, in the 1988 Olympic trials. he was a Master, and was Chuck Norris? so I tended to do well in She was the 1989 collegiate one of the first Grandmas- Well, Chuck Norris and forms. athlete of the year in forms ters in the U.S. He had his my grandfather were actu- Good tournament sto- and sparring. At one point Austin George ‘23 children study Taekwondo, ally good friends. My grand- ries? she was ranked #1 in the starting at the age of five. father moved to California I was still a blue belt and world in forms despite split- Interviewed by Jonathan Peterson ’23 His children did the same, and, at that time, Norris was I’d never practiced forms ting her time. She trained Hi Austin! Thanks for so, it’s been a tradition in a motorcycle cop there. Nor- so hard for a competition. for hours every day as a kid, joining us on Hot Bench my family now for three ris actually sought out my For some reason, my mom I only trained twice a week. this week. Who are you, generations. grandfather to work on his told me not to forget that I She loves Taekwondo, but where are you from, and What’s Taekwondo’s wheel kick. needed to practice. I swear not in the same way as I how did you end up at history like? What’s the difference to this day she cursed me. do. She still does it now but law school? Taekwondo’s history is between World Tae- At the tournament, I forgot that’s in part because it’s I’m Austin George, I’m a interesting; it isn’t very old kwondo and ITF? everything. I got dead last. what she knows. I feel lucky 1L originally from Alabama, in terms of its actual forma- In the mid-60s, World I was so mad that I decided to say that I still do Tae- but I moved to Georgia, so tion. Of course, the prin- Taekwondo would put on I had to win sparring. I’d kwondo because I truly love both are home for me. Fun- ciples and foundations are demonstration teams, and never gone into sparring it and want to keep pursuing nily enough, I’ve wanted ancient, it’s rooted in karate they still do to this day. with that attitude before, it. My mom didn’t even want to do tax law since I was in and tang soo do, which I Now, they do these incredi- and that tournament was me competing past black high school. believe was actually Chuck ble routines with high kicks, the first time I ever knocked belt—all she wanted was for How did you get start- Norris’s foundation. One of flips, even some dancing. somebody out, and I won me to experience competi- ed with Taekwondo? the original founders, Choi, When my grandfather was sparring too. I didn’t win tion at each belt-level. But I started when I was five had to flee due to a gambling doing demonstrations, he sparring often, so to get last now, I know I’ll compete because it was mandatory debt he owed a wrestler. He was smashing rocks with his in forms and first in spar- again, and that’s my choice. in my family. My grandfa- trained in karate while in head. It was impressive, but ring, that always stuck out I feel like I’m able to make ther came to the U.S. from Japan and, upon returning in a totally different way—it to me. that choice because my mom Korea in 1965, and he began to Korea, Choi had a reputa- was much more about dis- Did you ever want to was balanced in my training. the tradition. Back when tion in martial arts and the playing strength and pain quit? he started learning in 1946, wrestler left him alone. tolerance. As World Tae- Yeah, actually, I hated --- Taekwondo was reserved That led to an idea: If kwondo advanced, they Taekwondo as a kid. That for adults. So, he had to beg martial arts can empower wanted to make sparring changed in high school. I [email protected] to just to get beaten up by a small man, maybe it can both pleasing to an audience started training with my adults. When he was born, empower a small nation. and safer for the combat- uncle and I guess there’s a relations between Korea and Korea then founded World ants. ITF is really focused difference between train- Japan were strained. His fa- Taekwondo as its most on combat, not so much ing your nephew and train- ther went to Japan to work, prominent martial art. My flash and spin. ing your son. He was just a where he ended up dying. grandfather did not have What does a World more fun teacher. I’d always My grandfather grew up in high opinions of Choi, who Taekwondo practitioner had an unspoken agreement do? with my mom that, when 6 The Back Page VIRGINIA LAW WEEKLY Wednesday, 10 February 2021 bers by considering their Edit- document especially navigable. CORPUS PT. 2 ANTITRUST JOURNAL TRYOUTS ing Component scores, Writing For the 1Ls who are about to continued from page 5 continued from page 3 continued from page 1 Component scores, personal embark on the tryout process, statement, and very limited Feinberg had this advice to give. Of course, quantifying how media, and access to business PDF of important dates, rules, grade information. The selection As the outgoing Membership & common words are in a given opportunities have sparked vig- and information about the try- happens across three rounds, Inclusion Editor, she encour- context will only take one so orous social debates over cancel out process and the participat- and limited grade information aged everyone to submit a per- far. A meaning that is less com- culture, free speech (see Parler ing journals. The biggest change is provided about the fifty final- sonal statement to VLR. She mon is by definition used some- v Amazon)9, and other issues from last year is an expanded ists. When asked about the new shared, “I wasn’t sure when I times. Beyond doing frequency that influence society far beyond table of contents and the inclu- inclusion, Feinberg responded was writing mine what VLR was analyses using corpora, there the bounds of the Sherman and sion of new “checklists” to help that it was in the interest of looking for. I can’t speak to what are whole subfields of linguistics, Clayton Acts. Cast in this light, 1Ls keep track of the many mov- transparency. “In the past,” she this year’s Membership Selec- such as syntax, semantics, and the potential of a White House ing parts in the Tryout. There shared, “not knowing how the tion Committee will do, but I pragmatics, that relate to how czar on antitrust10 and proposed is an Honor Code Checklist for Holistic Review process works can say that last year, we looked words link together and have “reality czar”11 may not be coin- the confidentiality rules and one gave students a lot of stress. And for the perspective you would their meanings altered by their cidental. Rather, it reflects the checklist each for the Editing since we already shared a lot of bring to help us round out the specific contexts. And even tak- relationship between the two and Writing Components. The the same information with 2Ls journal and for people we would ing all of these subfields into ac- arenas where economic power is Toolkit this year also features last spring, when we found out want to work with. You don’t count, one could never say with a gateway to social/political in- “Easy Access Materials” at the the semester would be pass/ need to write about saving the absolute certainty that there is fluence over the construction of beginning of the packet for easy fail, it makes sense to just be world. Just give us something some inherently “right” meaning our realities. reference. transparent about it moving for- honest and authentic.” Feinberg in any given instance, especially A new season of “antitrust These and other changes were ward.” also had more general advice as with something like a statute populism” may be on the ho- made in response to feedback So who exactly makes these the Tryout Administrator. For that was written and approved rizon, but is not yet written in solicited from last year’s par- changes? There is a Unified those of you only using the on- by multiple people to be applied the stars. Time will tell whether ticipants. When asked what the Journal Tryout Committee com- line bluebook, Feinberg recom- to multiple contexts. Language, or not Executive agencies, Con- most common complaints were, posed of the heads of each jour- mends putting in the effort to like people, is messy, which is gress, or the Executive will have Feinberg commented, “Most of nal, and this committee usually read through the rules and to part of its beauty. Corpus lin- the first word on the way for- the feedback was about very dis- makes decisions. Due to the pan- perhaps take handwritten notes guistics is just one tool, empiri- ward. crete things, like how the Hon- demic, however, and the Office as an alternative to tabbing it— cally based but still imperfect, or Code Rules were scattered of Student Affairs’ reluctance whatever will help you familiar- to test some of our assumptions --- throughout the Toolkit, which is to involve too many students ize yourself with the rules. As for about what “ordinary meaning” why they’ve been collected as a before an official decision was the writing component, “there’s is, and I would not suggest that it [email protected] Checklist this year.” Thinking on made about Spring Break, Fein- an abundance of time, take should be the only or final word the feedback a little more, Fein- berg worked with Dean Davies breaks, it’s not the same gaunt- on who wins or loses in court. berg shared that a number of to come up with a contingency let anymore!” people really enjoyed the topic plan that eventually became the It’s undeniable that this year’s Sincerely, Rachel Martin from last year, “which was great current tryout process. As for Journal Tryout will be different. 9 https://www.politico. news, and something I’m trying the Toolkit, Feinberg spent over It’s also undeniable that a lot

--- com/news/2021/01/11/ for again this year.” twenty hours tweaking, rewrit- of thought and care have gone [email protected] parler-amazon-antitrust- Enjoy! OtherGMT. changes2021 have20:04:15 8 beenFeb Mon ing,on updating, and reorganiz- http://www.opensky.ca/sudoku into by these changes.Generated Whether or suit-457579 more subtle. For example, this ing the document over Winter not all these changes are here year’s Toolkit has more infor- Break. And she has made major to stay will depend on feedback 10 https://www.law360. mation about VLR’s Holistic Re- strides in improving the docu- from this year’s tryout, to be col- com/articles/1347585 view, the process by which half ment. Having personally read lected in a survey sent out later of VLR’s new members are cho- the Toolkits from all three years this spring. So to all the Tryout Fallacies and a Corpus-Based 11 https://www.nytimes. sen. According to the Toolkit, (why), I can assure the 1Ls that participants this year, I wish you Approach to Plain Mean- com/2021/02/02/technol- seven VLR members will sit on this is the most readable one to good luck! ing, 2010 B.Y.U. L. Rev. 1915, ogy/biden-reality-crisis-mis- the Member Selection Commit- date. Plus, there are all these nif- --- 1957–58 (2010). information.html tee, which decides on new mem- ty new hyperlinks that make the [email protected]

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