2017 & 2018 ABA Law Student Division Best Newspaper Award-Winner Virginia Law Weekly Wednesday, 12 September 2018 The Newspaper of the University of Virginia School of Law Since 1948 Volume 71, Number 3 Celebrating 70 Years of Virginia Law Weekly The Daily around north Grind: grounds 1L Spirits Undampened Thumbs down to the new UVa Law MyLab email that stole its title from a re- Coffee curring Law Weekly feature by Rainy Dandelion and its content from a recur- Reviewed ring SBA email. #honorcode Winnie McBride ‘19 Thumbs side- Daniel Grill ‘19 ways to the FedSoc Guest Reviewers sign-up table bagels. On the one hand, a Whether you’re a 1L “free” bagel to become a mem- burning the midnight oil ber is a goods-for-services or a 3L trying to make it trade ANG can get behind. On through your first class at the other, not providing cream noon, the coffee machines cheese is a blatant violation of in MyLab are central to the implied covenant of food- life at the Law School. enjoyability. This year, students were welcomed back to the li- Thumbs up to Ste- brary by two new coffee phen T. Parr. For the machines. The new En- second year in a row core 29 machines offer Parr has unleashed a wider variety of coffee his righteous weatherly wrath drinks, including cappuc- on the debaucherous spectacle cinos and café lattes, than that is Dandelion! the old Keurig machines and have the added bo- The basilisk un- nus of interactive screens. der the WB floor- The new machines are boards proclaims also more environmen- “unwavering faith tally friendly as they do in ANG.” Thank you, Honor- not require the use of able Basilisk. We will get it plastic K-cups (#savethe- Section H poses for the Law Weekly’s camera before their less-than celebrated performance. Photo courtesy Kolleen done together. turtles). However, the ul- Gladden, ‘21, timate measure of a coffee M. Eleanor Schmalzl ‘20 Thumbs up to machine is the quality of Executive Editor the crowd was overheard ask- of the event, grooved to “Fer- Twitter perma- its coffee and the time it ing, “Is that it?” After an ef- galicious” in all black. They nently banning Alex takes to make each cup. As another great year at fort to recover from their slow had men chugging beers and Jones and Infowars, 3L students, Daniel UVa Law begins, the tradi- start, “Beyond a Reasonable partial nudity—exposing their citing abuse. ANG would like “What’s the Difference tions of the Dandelion Parade Out” managed to avoid any stomachs which had “DAN- to suggest a permanent ban Between a Latte and a continue. Started in 1984 as a booing and were seen heading DELION” spelled out across on temperatures above 80F. Cappuccino” Grill ’19 and calm and respectable parade, to the keg for another round of them—so the group really hit Similar reasons. Winnie “My Shenandoah Dandelion now serves as the beers, likely in an attempt to home on all the requirements Joe’s Order is Over $6” opportunity for upperclass- forget the embarrassment that for a solid placement in this Thumbs side- McBride’19, have pro- men to record videos of future was their 1L Dandelion perfor- year’s competition. While this ways to Justice vided a guide to the tim- attorneys at top jobs across mance. unbiased PA thinks Section Kennedy’s visit. ing and flavor of the new the country doing ridiculous Section C benefitted from A’s Cordel Faulk dolla dolla ANG would vote coffee drinks.1 Winnie is a dances and is the nudge for the downpour, with a perfor- bills were more clever than straight up or down renowned reviewer of cof- all the 1Ls to realize that they mance set to “Under the Sea” painting up, I’ll tip my hat but just doesn’t want to com- fee and all things luxury. truly can’t take themselves as the song for the section’s and respect the “F Bombers.” mit right now. Daniel, on the other hand, too seriously if they chose to performance. While most of But, as an aside, I’d just like to has a less discerning cof- come to school in Charlottes- the section swayed back and note that I’m not sure how the Thumbs up to fee palette. He does not ville. Beyond overcoming the forth making big C’s with their “F Bombers” got approved as the 1L at the prison mind the taste of K-Cups nerves of dancing in front of arms every time the chorus y’all’s team name. Can’t wait reform event who and typically drinks his all their peers,1 this year’s 1Ls rang out, their merman stole to hear what professors think quoted Jefferson coffee black. faced an additional obstacle to the show by not only frolicking of that when you wear your seemingly impromptu. Good their dream of gold medal fin- into the crowd but also worm- jerseys to class. Good luck. on you, lad. With audacious, 1) House Blend (Time ish in the form of heavy rain.2 ing on the wet concrete. And, Section G had raining men . un-self-aware pretense like to prepare: 0:57): This Winners will get the best seed- as the grand finale, his bikini- . . and that was it. With that, that, you’re VLR-bound for was a decent dark roast ing in the upcoming 1L softball shell top bust off the section’s your team name is fitting: sure! coffee. Winnie detected tournament, held on Septem- performance. Clever idea and “Good, not Great.” a note of nail polish re- ber 23, so a lot rides on each a solid effort by the “C’s and Section H was the only Thumbs down mover. It is not the best, year’s competition. Desist” team, but I may be bi- group to attempt the dreaded to the Kavanaugh but a good everyday coffee Section A kicked off the rain ased given my love of all things skit that can never be heard, hearings. If ANG if you hate life and need dance, setting the bar high Little Mermaid. but their spoof on Jeopardy! wanted four days of something to get yourself with scene changes and well- Section D, known as “Docket was at least appropriate given televised grandstanding, non- through the day. choreographed moves. While Like It’s Hot,” really tried to be they have a sectionmate try- questions, and non-answers, dancing to classics such as Up- coordinated to their dance set ing out for the show.4 I hon- ANG would have turned on 2) Major Dickason’s town Funk, Wipeout, and Just to “Drop it Like It’s Hot,” but estly had no clue what was C-SPAN literally at any point Blend (Time to prepare: Got Paid, “Rip’s RAngers” also their only saving grace was the happening throughout their since its inception in 1979. 1:01): Winnie was quick threw 100 dolla dolla bills with inclusion of a dog in the sec- entire performance, but they to recognize a nutty flavor CORDEL FAULK on the front3 tion performance. Big fan of incorporated The Lion King Thumbs up to the and thought it tasted simi- into the crowd and delivered a dogs. soundtrack, The Beach Boys, fall return of prime- lar to house blend. Daniel handle of Jack Daniels to the Section E, the “Legal E’s,” and a guy in a Narwhale5 cos- time television. ANG liked it but it was so hot he NGSL commissioners with came with posters of giant E’s tume who slid into the giant needs other things to spit it out. He felt like the “This is not a bribe” written and danced to the classic “It’s puddle in front of the NGSL do besides drink at Bilt. flavor was so strong it hit on the front. Securing second Gonna Be Me.” While yelling announcers. Respect for turn- him across the face. place by the NGSL judges, “It’s Gonna Be E!” to the cho- ing boos into cheers, “Habeas Thumbs down COFFEE page 2 this crew walked away feeling rus, the section seemed to be Porpoise,” well done. to the new Bach- rightfully pleased about their having enough fun to make up Section I, cleverly named elor pick, Colton 1 All coffees were 8 ounces showing. for their overall lack of hard- “Bam’s I’s” worked off of Brit- Haynes. Watching and consumed black and Section B was up next, and core dance moves. I wrote “I’m ney’s “Oops! I Did It Again” someone with a moral com- at middle strength. Palates after a solid two minutes of a fan” in my notes about their classic. There’s not much pass and no shady past find were cleansed in between trying to lift some of their sec- skit, so they must’ve done to report except that it was, love is less entertaining than drinks with Goldfish and Miss tionmates into a cheerleading something right. Prof. Garrett’s lectures. Vickie’s Salt and Vinny Chips. elevator stunt, a member of Section F, the gold medalists DANDELION page 4 2 Columns VIRGINIA LAW WEEKLY Wednesday, 12 September 2018 COFFEE continued from page 1 9) Vanilla Coffee 10) Vanilla Choco us liked this drink. It was place of purchasing a cap- (Time to prepare: 0:46): Coffee (Time to prepare: bitter with citrusy notes puccino from a café every 3) Segafredo Vivace BEST COFFEE FLAVOR! 0:44): This drink was un- once in a while. (Time to prepare: 1:03): Daniel found the taste 13) Choco Latte (Time bitter and thin, but a less to prepare: 0:14): This acidic aftertaste than drink was similar to hot other blends. Also, who is chocolate, but less good. Segafredo Vivace? 14) Vanilla Choco 4) 50/50 (Time to pre- Latte (Time to prepare: pare: 0:59): This was the 0:14): This drink was gross best of the straight-up and should be avoided. It coffees. It packed a punch tasted like melted Swiss despite being only half Miss marshmallows. caffeinated. 15) Hot Water (Time 5) Hot Chocolate to prepare: 0:09): There’s (Time to prepare: 0:12): a reason this is the most This was better than Swiss popular drink on the ma- Miss hot chocolate. It was chine. The water was hot. less sweet than expected In conclusion, the new and very tasty! We kept machines make some cof- drinking the hot chocolate fee drinks very well, and between the other drinks. some not so well. Our fa- vorite was the Vanilla Cof- 6) Mokachino (Time fee (not to be confused to prepare: 0:43): This with the French Vanilla). drink was solid and we We are a bit concerned would recommend it if with the time it takes to you like chocolate. prepare each cup, as the traditional coffee blends 7) French Vanilla take about one minute to (Time to prepare: 0:41): brew. We will continue to THE RIGHT COFFEE monitor the line for the MACHINE GAVE US HOT coffee machine as the se- WATER INSTEAD OF mester continues and stay FRENCH VANILLA! Once tuned for next week’s re- we got the drink from view: Left or Right: The the left machine, it was a Battle of the Coffee Ma- bit frothy and tasted like chines. burnt sugar. The authors, pictured mid-tasting. On left Daniel Grill on the right Winnie McBride (both ‘19). ---- 8) Vanilla Choco (Time to prepare: 0:59): We couldn’t really taste remarkable and forget- 12) Cappuccino (Time [email protected] VERY watered-down hot the artificial vanilla fla- table. to prepare: 0:44): This [email protected] chocolate without the vor. The drink was full- was an overall solid drink. lasting taste of chocolate. bodied without an after 11) Café Latte (Time to It was kind of bitter, but taste. A must try! prepare: 0:48): Neither of good enough to take the Crazy Rich Asians: Mixed Messages about Asian

Barely ten minutes into shortcomings. As a mixed-race, actually more likely to be rated perficial. Cultural representa- club. In elementary school, I watching Crazy Rich Asians, half-white, half-Chinese male, attractive than average. As Ed- tion matters, yes. But so does tugged at the corners of my I caught myself tearing up. In I think casting Henry Golding die Huang, writer of the ABC physical representation. When eyelids with everyone else Eric Hall ‘18 in this role was a mistake. series Fresh Off the Boat, has minorities talk about repre- chanting “Chinese, Japanese, Editor Emeritus, Sr. Western culture has long written, “Asian men are told sentation in film or the White dirty knees, look at these!” emasculated Asian men. In that they simply don’t possess House or the Supreme Court, I am embarrassed that I act- the film’s pro- movies and TV, they are de- the ingredients to be consid- part of what we’re looking for ed this way, but—although it is logue, a racist picted as awkward, and devoid ered masculine or attractive.” is role models who look like us. no excuse—the Asian culture I hotel manager of any sex appeal. Think of how While these depictions have Looks matter, especially in the grew up with never tried to cor- dismisses Elea- rarely you see a movie that fea- subsided in recent years, no romantic comedy genre where rect me. On the contrary, much nor Sung-Young tures an Asian guy who isn’t Asian has yet ascended to lead- the themes only reach skin of Asian culture promotes (played by the peerless Mi- a martial arts master, a nerd, ing man status. Those roles re- deep. Whiteness. Many K-Pop stars, chelle Yeoh) and her bedrag- or the butt of a penis joke. My main reserved for the chiseled A week after watching Cra- for example, are distinctly gled family. “Perhaps some heroes growing up were Har- White men I grew up watch- zy Rich Asians, I saw BlacK- “Hapa” or mixed race. My own place in Chinatown?” he sug- rison Ford, Pierce Brosnan, ing. Where is our Asian Hugh kKlansman. One scene reen- mom had surgery to add folds gests. Sung-Young’s wrath is Sam Neill, men who saved the Grant or Idris Elba? Where are acts a striking speech from to her eyelids. I’ve known many swift and satisfying—she buys day and got the girl but looked the Asian actors notable not real-life activist Kwame Ture. full-Asian friends who wear the luxury hotel outright and nothing like me (and even less for their coding skills or karate He talks about growing up colored contacts to lighten shows him the door. Sitting like my Asian relatives). They chops but their sex appeal? watching TV and rooting their dark brown eyes, and get next to my own Chinese mom starred in movies in which Here was the promise of against the Black villains—the perms to tame their stiff black in the theatre, I thought back to Asian men played the con- Crazy Rich Asians: a movie characters who shared his hair. the times an airline employee niving villain, or the ethically with an Asian man worthy of physical features. He describes As much as my Asian family or a repairman had dismissed bankrupt geneticist. These desire. Finally, an idol to show his realization that Black men encouraged Whitewashing my- her, and how she had fiercely depictions of desirable White young men with Asian heritage and women have to define for self, my White friends let me made them regret it. Crazy men juxtaposed with undesir- that they too deserve romance. themselves what is beautiful, to get away with it. They laughed Rich Asians is a breakthrough. able Asian men seep into real Instead, we got Henry Golding; “stop running away from being at my dick-joke rebuttal and I loved it for so many reasons. life. They erode the confidence a message diluted by one-part Black.” Those words, although peppered me with questions Its depiction of pride and ex- of Asian young men. They Whiteness. To be sure, Gold- directed at another people with about which of my traits were pectation in Asian mother–son implant the idea that White- ing was born in Malaysia to a a distinct experience, stirred a White. I have memories from relationships felt familiar. The ness—and only Whiteness—is Malaysian mother. He is a fine buried shame in me. For most every stage of my life when a disapproving but envious treat- masculine. As a teenager, I was actor and excelled in the role. of my life—and even in law friend would mention a com- ment of ABCs (American-Born certain my lot was to be brainy He was funny and charming, school—I used my White half mon stereotype about Asians, Chinese) was gut-wrenchingly and behind the scenes. Talk- and looked great shirtless— to escape my Chinese half. On then seek to reassure me: “Oh, accurate. Setting aside the ing to girls was unthinkable prerequisites for any rom-com my dating profile, when I had but I’m sure that doesn’t ap- “Crazy Rich” part, so many of because I believed I was deeply heartthrob. As a fellow Hapa one, I described myself as only ply to you because you’re only the film’s most powerful mo- undateable. That view is appar- male, of course I look forward “vaguely Asian.” In college, I half.” I dated girls who told me ments could have happened in ently widespread. In his book to seeing him in more roles that developed a canned response they would never date an Asian my own life. I never imagined Dataclysm: Love, Sex, Race, might have gone to all White for the times someone would guy, but mercifully made an scenes like these would play at and Identity, founder of OKCu- actors. More importantly, he make an Asian dick joke and exception for me. It’s as if soci- my local Regal Cineplex. Asian pid Christian Rudder compiled depicted Asian-ness accurate- look to see if I was offended. ety carved out an exception for journalists have praised the data from three popular dating ly. He spoke the language and I’d say, “Don’t worry, only my me because I am mixed with film’s victories—and fairly so: sites. In the tens of thousands smoothly respected his elders top half is Asian.” In middle White. Again, the data plays representation matters. But of anonymous responses, he in a way that reflected his gen- school, when I moved to subur- this out. In the same analysis if Hollywood is going to make found that women were 26 to uinely Asian upbringing. But ban Ohio, I let people believe I that found that Asian men are more movies with all-Asian cast 35 percent less likely to rate my complaint isn’t with Gold- was Hawaiian so I wouldn’t be less likely to be rated attrac- (and I sincerely hope they do), Asian males attractive. Asian ing’s cultural representation. sorted with the Asian kids who we need to talk about this one’s females, by comparison, were My complaint is far more su- played chess and joined math MIXED MESSAGES page 5 Wednesday, 12 September 2018 VIRGINIA LAW WEEKLY Features 3 LAW WEEKLY FEATURE: Organization Spotlight—The Federalist Society Each week, the Law Weekly showcases a Law School affinity group in a feature we call “Spotlight.” Our goal is to give leaders a regular platform to inform readers about their goals and to educate the UVa Law community about their diverse perspectives. If you or your organization would like to be featured, please send an email to [email protected].

Questioning presuppositions, might have appeared an unlikely term course on Justice Clarence comes in. Paraphrasing Justice ence demonstrates. One former engaging with inconsistency, event for an organization whose Thomas’ jurisprudence repre- Thomas’ arguments in his Perez UVa FedSoc member (class and searching for truth—that’s membership is often stereotyped sented my first real opportunity v. Mortgage Bankers Association of 2016) helped me navigate Jenna Adamson ‘19 as exclusively male. And yet, it to reflect on the role of judges, and Michigan v. EPA concur- course selection for my second Guest Columnist was precisely the kind of event originalism, stare decisis, and rences, the judicial power vested 1L semester; another (class of that has made the Federalist So- other jurisprudential topics. in the judiciary by Article III of 2012) met for coffee to guide my the essence of ciety successful and influential. Only by reasoning through the Constitution requires a judge 1L summer job search; a third debate and what During the event, Karin Agness Justice Thomas’ opinions and, to exercise independent judg- (class of 1994) offered crucial first drew me to and Gail Deady engaged in an later, studying administrative ment, free of personal biases advice about my 2L summer job the Federalist increasingly heated exchange law and reading Justice Scalia’s and “human will.” This proper search and clerkship application Society. I heard that revealed divergent visions essays in Scalia Speaks, did I exercise of judicial power—say- strategy. All three women have about the UVa chapter’s events of the policies necessary to em- come to see the relationship be- ing what the law is, not what it become mentors and friends, while growing up in Charlottes- power women—but a shared tween the Federalist Society’s should be—prevents the judi- who inspire me to share my ex- ville and was impressed by the goal of promoting female eco- third founding principle and the ciary from usurping legislative perience with the UVa FedSoc organization’s dedication to test- nomic and political opportunity. first two. James Madison (Fed- power by using judicial decrees students who follow me. The ex- ing the value of ideas by hosting Indeed, the panel provided a les- Soc’s mascot) alludes to the first to make policy. Additionally, ceptional enthusiasm of 2L and public debates. Since entering son in the importance of opening principle in his essay on prop- when courts exercise this inde- 3L members to participate in our UVa Law, I’ve learned that the the door to dialogue, especially erty: “Government is instituted pendent judgment, rather than chapter Mentorship Program Federalist Society is more than when two sides appear ideologi- to protect property of every sort; surrendering it through Chevron indicates that I am far from the a debate society. It rests on prin- cally irreconcilable. as well that which lies in the vari- and Seminole Rock deference to only FedSoc member who, hav- ciples that represent the bedrock As vice president for speak- ous rights of individuals, as that administrative agencies, they act ing benefitted from the UVa of our constitutional system, and ers during my second year of which the term particularly ex- as a bulwark against accumula- FedSoc network, wants to rein- its members’ shared belief in law school, I strove to carry on presses.” Federalist No. 51, also tion of executive, legislative, and vest in our new members. those principles encourages the FedSoc’s tradition of providing written by Madison, connects judicial power in the executive Engagement with the national formation of enduring profes- a forum for rigorous debate. I the first and second principles: branch. Thus, the judiciary’s network provides additional sional and personal bonds. didn’t fully appreciate the sig- “In order to lay a due foundation adherence to its constitutional opportunities. The Federalist When I arrived at UVa Law, I nificance of the Society’s found- for that separate and distinct ex- role supports the separation of Society National Lawyers Con- quickly became involved in the ing principles, however, until ercise of the different powers of powers, which in turn protects vention brings together lawyers Federalist Society by serving on halfway through 2L year. The government, which to a certain liberty. I hope that opportuni- in government, Big Law, public the 1L Committee and attending Federalist Society is founded on extent is admitted on all hands ties, such as our Originalism 101 interest, academia, and the judi- as many events as possible. One the principles that “the state ex- to be essential to the preserva- event, will enable the current ciary. Attendance at the conven- particularly memorable event ists to preserve freedom, that tion of liberty, it is evident that class of 1Ls to learn much earlier tion may provide the occasion to was entitled “Where is Femi- the separation of governmental each department (branch of gov- than I did what it means for the meet someone who could write nism Headed?” Karin Agness, powers is central to our Consti- ernment) should have a will of its judiciary “to say what the law is” an important recommendation founder of the Network of En- tution, and that it is emphatically own . . . .” The separation of pow- and why it matters. or sit across an interview table lightened Women, a group for the province and duty of the ju- ers is essential to preventing the A shared passion for the Fed- in the not too distant future. conservative college women, ap- diciary to say what the law is, not “accumulation” of all legislative, eralist Society’s founding prin- The Federalist Society Student peared on a panel that included what it should be.” My study of executive, and judicial power ciples sustains a strong profes- Symposium offers the chance Gail Deady, a Legal Fellow at American history and political “in the same hands,” which con- sional network that promotes to hear exceptional speakers SURVEY the ACLU of Virginia. Professor theory during college had al- stitutes “the very definition of mentorship and friendship. UVa from across the political spec- Emeritus Lillian BeVier, UVa’s ready shaped my agreement tyranny.” The Federalist No. 47 FedSoc members and alums trum debate current legal and first tenured female law pro- with the first two propositions, (Madison). But what’s to prevent want to invest in fellow FedSoc- constitutional issues, and then fessor, moderated the panel. It but taking Judge Amul Thapar’s such a concentration of power? ers from the moment they step to rehearse those debates with and Professor BeVier’s January This is where the third principle on Grounds, as my own experi- SPOTLIGHT page 6 Confirmation Stories: From Washington to Trump

When a seat on the Supreme Judge Kavanaugh is young. At 53 solution when a vacancy arose on Court vacates, the president is years old, he could easily serve the Supreme Court. Kicking him Will Fassuliotis ‘19 twice the average length calcu- upstairs, McLean was nominated Guest Columnist lated above. He is, to use the and confirmed to the Supreme abused phrase, “impeccably cre- Court. tasked with a dentialed,” a D.C. Circuit judge Justice McLean is not well great responsibil- for over a decade, a former clerk remembered, certainly not as ity. Alone among to Justice Kennedy, and a gradu- well as Jackson’s last nominee, the national gov- ate of Yale Law School. In the Chief Justice Roger Taney. The ernment, federal hearings, he has already faced first Catholic (andthe first non- judges have lifetime tenure. Each voracious criticism, and if he is Protestant) appointed to the Su- justice a president appoints is a confirmed, it will likely be by only preme Court, Taney is infamous- justice that will put his or her im- a narrow margin. ly remembered for authoring the primatur well after that president Has it always been this way? Dred Scott decision. McLean was leaves office. Since the start of the Not exactly. Take Edwin Stanton. one of the two dissenters. Per- 20th century, a justice has on av- He was the Secretary of War dur- haps he should be better remem- erage served (roughly) 13 years ing the Civil War for Presidents bered. after the president that appointed Lincoln, Johnson, and Grant. In Finally, even the father of him or her left office.1 Since the 1869, Grant nominated him to our nation, George Washington, Eisenhower administration (be- the Supreme Court, and the Sen- was not immune to confirmation ginning in the middle of the 20th ate promptly confirmed. Shortly chicanery. In 1795, John Jay, the century), that number increases after, and before he could take his first Chief Justice, resigned from to an average of seventeen years. seat, he passed away. the bench to become Governor of In other words, a president’s Or take Justice John New York. To replace him, Wash- choice reverberates for another McLean. McLean was postmaster ington appointed John Rutledge three or four terms after he leaves general under Presidents Monroe while Congress was in recess. the White House. and John Quincy Adams.6 During Rutledge was one of the original President Trump is unique, the 1828 election, he supported associate justices, but resigned perhaps, in that he has promi- Andrew Jackson, who would end after one year to be Chief Justice nently outsourced his decision up defeating McLean’s old boss, of the South Carolina courts. Rut- making. Also unique is how pub- J.Q. Adams. Today we might ledge served until the Senate re- lic the decision making has been. Justice McLean, pictured in an 1849 daguerrotype. Photo courtesy Matthew Brady. think of the postmaster as, at convened, where it promptly re- During the campaign, he released best, a second-tier cabinet posi- jected him, 14–10, on account of two lists of nominees he would twenty-one judges.3 As President, Cuomo of New York to fill the tion. However, in the 19th cen- his opposition to the Jay Treaty. consider, first of eleven,2 then he has maintained an updated seat Justice Ginsburg eventually tury the position was a potential The more some things change, list of twenty-five.4 While it is would),5 most public knowledge source of large amounts of federal well, the more other things stay certainly nothing new for poten- comes from leaked private talks, patronage. But at first only a po- the same. tial nominees to become public or after the fact interviews and in- tential source, as McLean favored Whoever replaces Justice 1 This number includes only (President Clinton was pretty vestigations. meritocracy, and resisted whole- Kennedy will be the 114th Ameri- the justices who have completed clear he wanted Governor Mario In any event, to replace Jus- sale staff replacement merely to can to sit on the highest court in their service, and not those still tice Kennedy, President Trump reward Jackson supporters. Up- the land. I hope to share a few of on the court. It includes 50 jus- 3 https://www.cbsnews.com/ has selected Judge Kavanaugh, set that McLean would not dis- the stories of how they got there. tices, from Justice Holmes to news/donald-trump-expands-list-of- only just added on the third list. tribute jobs to Jacksonians, but Next time, Justice Brandeis and Justice Souter. possible-supreme-court-picks/ wary of upsetting other support- the first public confirmation 5 https://www.nytimes. ers by firing him, Jackson found a hearing. 2 https://www.cnn. 4 https://www.whitehouse.gov/ com/1993/03/20/us/the-supreme- ---- com/2016/05/18/politics/donald- briefings-statements/president-don- court-clinton-and-justice-cuomo- 6 From Josh Chafetz’s Con- [email protected] trump-supreme-court-nominees/ ald-j-trumps-supreme-court-list/ the-real-thing-or-just-talk.html gress’s Constitution. 4 Colophon VIRGINIA LAW WEEKLY Wednesday, 12 September 2018 DANDELION LOOKING BACK: 70 Years of the Law Weekly Staff Spotlight: continued from page 1 In celebration of seventy years of publication, Volume 71 of the Law Weekly takes pleasure in publishing excerpts from the past seventy volumes. This week, a special focus on the late ’90s, M. Eleanor overall, a hot mess of a perfor- aka the heyday of Kordana restaurant reviews. mance. And, unlike section D, Schmalzl ’20 they didn’t have a dog to wow Memories of Hurricanes intriguing structure yields to no be seen, the immediate financial the crowd. The dog always Past apparent logic. (For example, impact is readily apparent. In works, people. Always bring a “The City of Charlottesville prices are not chosen to come addition to paying for tuition, dog! awoke Friday morning to find out evenly with the addition of housing, multiple textbooks and Sections J and F had the itself without power, as Tropical tax; the examples given above study aides, first-years must now same “all black” idea, but that Storm Fran battered Albermarle include prices set at 17, 12, and absorb another significant cost didn’t deter section J from upwards of several thousand standing out in the crowd. I dollars.” Howard Chang ’01, don’t remember much about “Laptops a New Requirement,” their dance other than the Virginia Law Weekly, Friday, stripping and the great puddle September 3, 1999. smash at the end, but some- Name: M. Eleanor Schmalzl thing impressed the judges, Eds.: Thank goodness the (What does the “M” stand for, you as the “Justice RBI’s” secured price of laptops has come down might ask? Come to any of my third by NGSL rankings. to only a thousand dollars these first days of class to find out.) To finish off, the LLMs days. And most importantly, Law Weekly Position: Ex- pulled the ultimate power thank goodness laptops ushered ecutive Editor move by not even showing up in a technological revolution so Hometown: Walton, Ken- to perform in the heavy rain we never had to learn to Shepa- tucky. (I’ve heard there’s a rumor that clouded the event. After rdize cases by hand. that I am from Ohio. If you are attending the T-Pain concert among the mistaken, please refer- last week, the LLMs clearly Examples of Personal Ads ence the tattoo of Kentucky on my grasped the American mind- that Remind Us Why We foot.) set to disregard authority and Don’t Run Personal Ads Undergrad: Ohio Northern do whatever they wanted. The “Come on Baby Light My University (Go Polar Bears!) LLMs are likely the only group Fire: Disgruntled 2L tired of this Favorite Horse: Clydesdales, to survive Dandelion without school stuff seeks dynamic in- because they are beautiful and a cold or an extremely embar- structor to rekindle my interest represent my favorite cheap beer, rassing video of their dance in the law. No legal economists Bud heavy. skills and, consequently, the need apply. Looking for inspi- Favorite Law School Activ- traditional Dandelion winners ration and willing to actually do ity: SOFTBALL!! secured another victory in my reading provided it is not too Least Favorite Type of Bot- eyes. boring.” tled Water: Nestle or Ice Moun- While people may grumble tain. I can tolerate Ice Mountain Professor Anne Coughlin in simpler, less fashionable times. From the Law about Dandelion, it’s a strong “In Search of the Fourth when cold, but Nestle is all around Weekly’s issue of 10/31/1997. tradition that, like softball, Horseman: Three 3Ls job of- a garbage brand of water. Stick to sets UVa apart from several County… Even students who did 7 cents below $3.) A cynic might fers in hand, seek a fourth for cookies, Nestle. other law schools in the coun- not live on a mountain were af- suggest that the prices are un- regular rounds at Birdwood. Our Greatest Achievement: Be- try. Here’s to hoping this class fected. ‘A tree fell over our drive- usual in order to make monitor- sole goal this year to reduce our ing able to write legibly with my survives all the colds and flus way and stayed suspended on ing the bill more difficult: on my handicaps by half. Would pre- non-dominant hand. Whoever they contracted during the an electric power line for three first visit a $2.93 Blind Pig (a ’96 fer someone with a good short said doodling during church was rainy Saturday and keep the days before Appalachian Power Great American Beer Festival game. No duffers need apply.” a waste of time doesn’t know how tradition alive for years to removed it,’ said second-year Gold Medalist) was erroneously Ben Block, “Looking for to doodle effectively. come. law student Mark Hornor, who charged at over $5.” Profes- Love in All the Wrong Places,” Why I Joined the Law ---- lives in Covesville, about 20 sor Kevin Kordana, “Zen Virginia Law Weekly, Friday, Weekly: Free dinner on Mon- [email protected] miles south of Charlottesville… and Culinary Art at the Bud- September 3, 1999. day nights during 1L was a huge ______Like other Albermarle County dhist Biker Bar & Grill,” Virginia draw. Why I became Executive 1Thank you, NGSL, for provid- residents, many law students Law Weekly, Friday, October 31, Eds.: Glad to know not much Editor is less clear, but I recall the ing free kegs and pizza to enhance went without power or phone 1997. has changed since 1999. This is editor-in-chief telling me it “isn’t performances and viewing plea- service for part of the weekend, still why the Law Weekly doesn’t that much extra of a time commit- sure. including some who remained Eds.: RIP Buddhist Biker Bar run actual personal ads. ment” and that “we don’t stay past 2Weatherman Stephen T. Parr without power throughout the & Grill, Professor Kordana’s ---- 11 on Monday nights.” Oh, how refuses to comment on why he weekend.” Curtis J. Romig restaurant reviews, and illogi- young and naïve I was as a 1L. has allowed such dreadful Dan- ’98, “Fran Wreaks Havoc on cal price schemes. delion weather two years straight, Virginia,” Virginia Law Weekly, but promises sunshine for the 1L Friday, September 13, 1996. A Gloomy and Impotent Faculty Quotes tournament. Protest Against Progress 3Starting the petition now to Eds.: This is your friendly re- “The Law School has imple- C. Jaffe: “There’s no Boy A. Vollmer: “I’ve never make the official change on real minder to stock up on candles, mented a policy, effective this Scout rule in legal ethics.” looked at the Trust Indenture paper money. I think Trump batteries, and non-perishables, fall semester, requiring that all Act in my life. I don’t know could be persuaded. kiddos. first-year students own a note- F. Schauer: “If you have a where it is. I don’t know what 4Would be better if they had the book computer… While the theory you don’t like but you it says. But there are those 1L who actually won Jeopardy! An Allegation of Fraud long-term benefits of this re- don’t know why you don’t like who love it.” in his pre-law school career, but from an Unlikely Source quirement in regard to the Vir- it, call it formalistic. I digress. “The pricing scheme’s initially ginia legal education remain to A. Choi: (after asking vol- J.S. Ballenger: “Is it unteer a follow-up 5 ques- true that Cleveland is a place tions): “See? I’m trying to that people don’t voluntarily create a collegial environment choose to live?” ” Virginia Law Weekly Heard a good professor R. Schragger: “What is quote? COLOPHON the only thing more important Email [email protected]! than freedom? . . . LOVE!” Jansen VanderMeulen ‘19 Editor-in-Chief

M. Eleanor Schmalzl ’20 Executive Editor Anand Jani ‘20 David Ranzini ‘20 Kim Hopkin ‘19 Managing Editor Production Editor Development Editor Ali Zablocki ‘19 Katherine Mann ’19 Articles Editor Features Editor Alison Malkowski ‘19 Format Editor Taylor Elicegui ‘20 Jenny Lamberth ‘19 Features Editor Cartoonist-in-Chief

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Wednesday, 12 September 2018 VIRGINIA LAW WEEKLY Hot Bench 5 MIXED MESSAGES The Power of State Constitutions: continued from page 2 tive, Rudder found that men Judge Sutton Speaks who check boxes for both Asian On Tuesday, September of federalism and eschewing a novators of the exclusionary Central3 balancing test.4 In and White get a 32–48 per- 4th, Judge Jeffrey Sutton one-size-fits-all solution. rule among a variety of poten- general, states have declined cent boost over the average. As of the United States Court Professors A.E. Dick tial approaches to protecting to interpret their own takings Rudder puts it, “When you add Howard, Richard Schragger, against unreasonable search- clauses differently than the White, ratings go up, across the Taylor Elicegui ‘20 Aditya Bamzai, and Molly es and seizures, including federal takings clause. board.” Features Editor Brady all discussed differ- money damages and trespass Professor Brady also So what does casting Henry ent aspects of the book and claims. He focused on the dif- explored the impulse law- Golding do for the perception of Appeals for its four main topics (school ficulty of striking a balance yers have to take cases to that Whiteness equals beauty? the Sixth Cir- funding, exclusionary rule, between federal and state the United States Supreme Absolutely nothing. If any- cuit visited the compelled sterilization, free protections. For states to have Court. Because people tend to thing, his casting entrenches Law School to discuss his speech, exercise of religion, room to innovate, the federal think they will win (although the status quo. Just as I have new book, 51 Imperfect Solu- and mandatory flag salutes), rights must be set below state they know they could, theo- done my whole life, casting a tions: States and the Making providing more insights and rights yet still high enough retically, lose), they want to mixed-race Asian man as a full of American Constitutional raising questions about the to achieve the desired policy win at the national level. For Asian character gives the audi- Law, at the invitation of the feasibility of a détente (which outcomes. public-interest organizations ence an excuse for his attrac- Journal of Law and Politics Judge Sutton acknowledges Professor Brady took a with limited resources, taking tiveness. It lets them say, “Oh, and the Virginia Law Review. would be difficult to achieve, different approach and dis- cases to the federal Supreme but he’s just half.” Golding’s Judge Sutton is a great friend if not impossible). Professor cussed property rights, where Court can be a more efficient Whiteness allows the audience of UVA Law—the book grew Howard pointed out another state innovation has not come use of resources since they to reconcile its stereotypes out of a talk he gave at UVa benefit of state constitutions: to fruition. She explained she can’t reasonably take a fifty- about Asian men with what and an article published in the the ease with which they can shares Judge Sutton’s hope state approach. Professor they’re seeing on screen. The Virginia Law Review.1 Judge be amended. Since state con- about the potential of state Brady acknowledge a détente implication is that he’s attrac- Sutton’s book argues state stitutions can be amended constitutions, but not his op- could be effective, but ques- tive and masculine because he supreme courts should have much more easily than the timism. Ohio and other states tioned the feasibility, given is mixed with Whiteness. The a more important position in federal constitution, voters invented the easement of ac- these considerations. message to young men watch- the world of constitutional can respond to state supreme cess, which the Supreme Court Judge Sutton also stressed ing is that a full-Asian male is law, allowing states to have court decisions by changing eventually adopted. Professor the need for advocates to take not plausible—or, perhaps, pal- different rights and making it the constitution. He gave the Brady acknowledged some their second shot. As he ex- atable—as a sexy male lead. easier for a polarized nation example of Kelo v. City of New states responded to Kelo by plained, by focusing on fed- After the movie came out but to continue to exist as one. As London,2 a federal decision specifically defining the Fifth eral rights, advocates ignore before I saw it, a family friend he explained, lawyers tend to about the meaning of “pub- Amendment’s “public use” their clients’ rights under whom I consider especially focus on federal rights, seeing lic use” in the takings clause as not to include economic state constitutions, to the per- woke commented that I might the federal Supreme Court as which inspired states to tight- development. Twenty-seven il of the client. Utah v. Strieff look good with a hairstyle like the ultimate arbitrator of con- en the state requirements of states added “or damaged” to is the ultimate explain of the Henry Golding’s in the movie. stitutional questions. Judge the government’s eminent their takings clauses, which oft-ignored second shot. In When I finally saw it, I realized Sutton proposed a détente be- domain power. Schragger initially seems like a positive Strieff, a narcotics detective I could never have hair like tween the right and left’s law- focused on the importance development. As Professor began surveying a suspected that. I simply didn’t inherit that yers: lawyers should focus on of city power and reminded Brady explained, though, the drug house and observed particular White gene. His hair state court and state constitu- us we live in a three-tiered states all use the same “Alas- Edward Strieff leaving the is wavy and lays neatly on his tions, allowing the flexibility system, not a two-tiered sys- ka test” to assess if a property residence. The office detained head. Mine is distinctly Asian, tem. Bamzai emphasized has been damaged by govern- Strieff and realized Strieff had bristly and usually cow-licked. 1 Judge Sutton also hires the Fourth Amendment. The ment action. Can you guess an outstanding warrant, so I make a point of putting prod- many UVA Law grads as clerks, states were the original in- what the Alaska test is? You the officer proceeded to arrest uct in my hair daily to keep it including Professor Aditya guessed it—the good ol’ Penn and search Strieff. The officer under control. That comment Bamzai, a panelist at the event. 2 545 U.S. 469 (2005) found methamphetamine and stung where I didn’t have drug paraphernalia. Strieff Whiteness to protect me. Here The stress of law school ville? moved to suppress the evi- was supposed to be this mod- continuedHOT from page has really helped me realize Leave. Fine—breweries! dence, arguing the officer did ern symbol of Asian masculini- I have no hobbies. I am cur- I love Devil’s Backbone, but not have probable cause to ty, and at least one of his attrac- BENCH rently trying to learn how to it’s a bit of a hike (something stop him. The Utah Supreme tive features has nothing to do play the guitar. If you hear I sometimes also enjoy). Court held 5-0 that the evi- with his Asian heritage. Which a sad attempt at Bob Dylan 13. If you could make dence must be suppressed other parts of Henry Golding through the walls of Ivy, that’s one rule that every- as tainted by the initial, il- fit into the same mold that pro- me! Everyone seems to react one had to follow, what legal stop. Utah appealed to duced Zac Efron? George Cloo- negatively to Wonderwall so I’ll would it be? the United States Supreme ney? Either Hemsworth? probably start on that one next. Never say “hi” to anyone Court, which overruled Utah I’m not the first person to 6. Where is your favorite you pass in the hall or on the and considered the evidence grumble about Henry Gold- place to vacation? street. You know, kind of like to be admissible. Had Strieff’s ing’s halfness. When Enter- Seaside PARK on the Jer- in NYC. I’m really trying to lawyers also raised his right tainment Weekly asked him to sey Shore. Please note the em- decrease the percentage of to be free from unreasonable respond, Golding said, “I was phasis on Park. I did, however, time in my day in which I feel searches and seizures under chosen because I came as close see D.J. Pauly D working in the awkward. This rule would re- the Utah state constitution, to the character as possible” Nicole Llinares ‘19 Shore Store once. ally take the pressure off. the United States Supreme Except that’s not true. Nick 1. What is your favorite 7. What did you have for 14. What’s your favor- Court would not have been Young’s father and mother word? breakfast this morning? ite food? able to overturn the decision were Chinese, both in the book Toad. Sour gummy bears. Chicken cutlet with and the evidence still would and the movie. “Where are the 2. Where did you grow 8. What’s your most in- mayo. Doesn’t need to be on have to be excluded. boundaries? Where are the up? teresting two-truths-and- bread. Overall, Judge Sutton lines drawn for saying that you Hauppauge, N.Y. which is in a-lie? (And what’s the lie?) 15. If you won the lot- was a persuasive advocate for cannot play this character be- the middle of Long Island. It’s (1) I used to have a lip tery, what would you do state supreme courts and fed- cause you’re not fully Asian?” equally far from the city and the piercing. with it? eralism. He explained that, Golding asked. His question Hamptons as well as the North (2) Bachelor in Paradise is Start a production com- while not all judicial activism was rhetorical but—at least for and South Shores. It’s all the bad TV. pany and make all my own is ideal, at least state judicial this movie—the answer is obvi- traffic with none of the benefits. (3) I’m a nice person. movies. activism has more demo- ous: two Asian parents just like (Can’t wait to show this Hot Bachelor in Paradise is an 16. If you had Ma- cratic legitimacy. Although I the character was written. If Bench to my parents!) extremely entertaining pro- trix-like learning, what too share concerns about the we want to stop running away 3. What’s the best meal gram. #ChrisHarrison2020. would you learn? feasibility of a détente, I am from being Asian, we need to you’ve ever had? 9. If you could live any- Videogames. Then I intrigued by the argument. At stop casting actors with dis- I’m not very fancy. I went to where, where would it be? could be the #1 player on the very least, I have a much tinctly White characteristics. all the Ohio State football games I’d get a lake house on Fortnite and make a career greater appreciation for the Our eyes are slanted. Our hair in college to give the impres- Flathead Lake in Montana. out of it and all the celebrities second shot. is straight. We are Asian and sion I was a loyal fan (which I 10. What’s the best gift would want to play with me. ---- beautiful. was), but everyone knows I only you’ve ever received? 17. Where is a place you [email protected] ---- stayed for the hotdogs. Recently, Tickets to a Spice Girls haven’t been but want to [email protected] however, I went to a restaurant concert in the second grade. travel to? called Damas in Montreal and 11. What is the best con- Bora Bora ever since my ate some life-changing Baba cert you have ever been cousin had a poster of it in 3 Penn Central Transporta- Ghanoush salad. to? her room in middle school. tion Co. v. New York City, 438 4. If you could meet one I saw Arcade Fire at the And I want everyone to know U.S. 104 (1978) celebrity, who would it be Panorama Music Festival on this was my idea before the and why? Randall’s Island in 2017. I was Kardashians went and had 4 1Ls, you have so much Mindy Kaling. I think she is an not familiar with their music their big-time family vacation property to look forward to. amazing role model for young at the time, but it was still the there back when Kim was still You’re welcome for the pre- women. Also, she’s hilarious. best and most enjoyable per- married to Chris Humphries. view, filled with jargon that 5. What’s your favorite formance I have ever seen. ---- is currently meaningless. I hobby to avoid the stress of 12. What’s your favorite [email protected] promise, though, these words law school? thing to do in Charlottes- will one day all make sense. 6 The Back Page VIRGINIA LAW WEEKLY Wednesday, 12 September 2018 SPOTLIGHT continued from page 3 One of the reasons I ran for Fed- Cartoon By Jenny Soc president was that I believed fellow law students from across our chapter could do a better the country. Those law students job of strengthening our chapter will become colleagues, collabo- community and emboldening rators, friends, and supervisors our members to articulate the who could one day promote importance of the principles of pursuit of a new opportunity at individual liberty, separation of a firm or a move into a new job. powers, and the rule of law. We Of course, any explanation of hope these are principles upon my love for the Federalist So- which all lawyers can agree, but ciety and our UVa Law chapter we are grateful for a community must recognize our Law School’s eager and willing to debate their special community. FedSoc significance and how we, as a chapters at other top law schools society and a profession, may do not always experience the achieve or defeat them. willingness of other organiza- ---- tions to cosponsor events and [email protected] the respect from students and faculty that our chapter enjoys.

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