College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 1993 Amicus Curiae (Vol. 3, Issue 11) Repository Citation "Amicus Curiae (Vol. 3, Issue 11)" (1993). Student Newspaper (Amicus, Advocate...). 325. https://scholarship.law.wm.edu/newspapers/325 Copyright c 1993 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers Weekly World Ambulance Chaser, centerfold. AMERICA'S FIRST LAW SCHOOL VOLUME Ill, ISSUE ELEVEN THURSDAY, APRIL 1,1993 TWENTY EIGHT-PAGES FDA Chief to Speak at M -W Graduation By PETER KUBIN other Bush appointees. " Who?" Many students at Kesslerholds degrees in both Marshall-Wythe echoed third­ law and medicine, and has been year Cathy Clemens' reaction to the FDA head since late 1990. the annOWlcement that David Upon his appointment, Kessler Kessler would be this year's law wasted no time launching a school commencement speaker. number of highly visible Kessler, who was appointed by enforcement actions, starting George Bush to head. the Food with the seizure of thou sands of and Drug Administration, has cases of "Citrus Hill " proven to be an aggressive and reconstituted orange juice that sometimes controversial carried the misleading label administrator of the agency. "fresh." The FDA has made Apparently garnering more news during his tenure a number respect in Washington than at of times, most notably for their M-W, Kesslerrecentlyaccepted overhaul of the federally an offer to retain his position, although he offered his See DRUGS, page 28 Carter O. Lowance fellow Roger Mudd (with Rod Smolla) will staff photo resignation along with many moderate tonight's Bill of Rights symposium. Judicial Council adds" Comment" section to Honor Code By PAULA HANNAFORD Prosecutor in Honor Code litigation. The by the Judicial Council with little debate. (3L) announced that the SBA had voted During a meeting of occasionally debate centered on whether the School One permits the ChiefJustice to postpone to extend the term ofsecond-year Judicial intense debate, the Judicial Council voted Prosecutor should act primarily as a fact­ an Honor Code trial for cases involving Council members' appointments to two on Monday, March 22, to add three fInder during Honor Code trials, or allegations of cheating to allow the years. Current second-year members Comment sections to the M-W Honor whether he should be a' 'zealous advocate professor to grade a sufficient number of will be retained into the next academic Code in an attempt to clarify ambiguities for the Honor Code" and argue for examinations to form an opinion about year unless they make a specifIc request revealed in the wake of Kevin Kroner's conviction of persons accused of Code whether cheating has occurred. The to be relieved. Broaddus also announced (3L) Dec., 1992 Honor Code trial. violations. After failing to come to a second Comment permits Judicial that she had requested, but had not yet The new Comments address the consensus, the Judicial Council concluded Council members to keep a collection of received, written proposals from the standard to be used by the Probable Cause that the Honor Code authors were "helpful notes" about Honor Code Honor Code Revision Committee Panel in examining whether sufficient " intentionally ambiguous" on that issue, procedure for future Judicial Council organized by John Brownlee (2L) to evidence exists to warrant a trial, the and decided to leave future interpretation members to use in interpreting various institute reforms to the student-run Honor timing of trials in cases involving of the School Prosecutor's role to the sections of the Code. allegations of cheating, and the keeping discretion of future Council members. Also during the meeting, Judicial See REVISED, page 8 of records concerning the application of Two other Comments were approved Council Chief Justice Susanna Broaddus Honor Code procedures for reference by future Council members. The most contentious debate occurred Kyle Short wins SBA presidential election over the proposed Comment to clarify the By DOUG MILLER enthusiasm to do the work. " select new members of the Judicial probable cause standard. The Judicial Kyle Short (2L) was elected President Other write-in candidates to receive Council to administer the Honor Code. Council voted (9-I) to accept a low­ ofthe Student Bar Association in elections votes included Dave Pernini (2L) with Both groups of nominees must be threshold standard for advancing an Honor held Tuesday, March 30. He ran nine votes, John Brownlee (2L) with two confmned by a vote of the executive Code investigation to the trial stage. The unopposed and received 146 votes during votes and Dave Delk (2L) with two votes. board of the SBA. majority of the Council members agreed the seven-hour polling. Twenty-four other write-ins with only " Increased involvement is one of m y that the proper standard to apply was Short, who also ran for president last one vote each were counted. biggest goals," Short said. "The whether "reasonable people could spring, served on the SBA this year as co­ Perhaps the most significant job for committee structure has been pretty loose disagree" about whether evidence existed chair of the Social Committee, and the new SBA President will come in the in the past, and l' d like to see that ti ghtened warranting a trial. The lone dissenter, representative to both the Board ofStudent next few weeks as Short nominates co­ Fred Jacob (2L), argued forcefully for Affairs (BSA) and the Graduate and chairs ofthe various standing committees See PREZ, page 26 adoption of a higher standard. "Either Professional Students' organization which serve the SBA. Short must also [the probable cause determination] means (GAPS). nothing, or we need a higher standard Short said his lack of opposition was ---Inside this issue than j ustwhetherreasonable people would due to his lengthy involvement with the • Profs vote to post exam schedules • Crossfire debates record labeling disagree," said Jacob. SBA. " IthinkpeoplesawthatIhadareal pre-registration. Page 3. restrictions Page 8. The Judicial Council also unanimously interest in doing the job," he said. '.'It's • Trading Cards: M-W Star Trek • Photo essey: M-W social events voted down a proposal to include a not just a resume builder, for me. I think fanatics. Page 11. documented. Page 21-22 •. Comment clarifying the role ofthe School people know that I have the energy and 2 ===================================== Thursday, April 1,1993 THE AMICUS CURIAE Out of Our Heads From the Editor's Desk ... This May, along with the commemoration and recognition of Do you remember the story Justice Susanna Broaddus, What possible motivation our three years of hard work, we will celebrate the 300th ofMarburyv. Madison? A lame­ Cartee has effecti vely eliminated could be behind such a facially anniversary of the College of William & Mary and the 200th duck President John Adams any other second year from con­ inexplicable and unprecedented anniversary of the first law degree. Leading the Class of 1993 packs the federal judiciary with tributing to next year's Judicial move? We could pretend that it in this historic occasion will be David Kessler. That's right, members of his Federalist Party Council. Broaddus claims [see is an innocent act meant to rec­ David Kessler. on the night before his term in story p. 3] that there is still room ognize distinguished service. For those of you who don't recognize this household name office expires. to add interested rising third Then again, here are a few --or haven't read the news story on page one--Kessler is head of Every good law student re­ years. If she took the time to facts for you to ponder: This the Food and Drug Administration. In a nutshell, his claims to members the case because it es­ read §2.01 of the Honor Code school year has seen more de­ fame are mandating accuracy in nutritional labeling and banning tablished judicial review. Most she would know it mandates that bate over Honor Code and Judi­ breast implants. Admittedly, this characterization may not be of us also remember thinking the composition of the Council cial Council procedure than any perfectly fair, as Kessler is certainly the first FDA Administrator how sleazy it was for John Adams is limited to only seven 3Ls. year in memory; The current to give the agency some real teeth. However, his talents and to try to lock up the federal At any other time, this action Chief Justice has refused to lead abilities have little bearing on the graduating class as a whole bench with "midnight justices." would be just an irresponsible any public discussion or inquiry and the historic significance of this particular commencement. 200 years later, in their last gaffe. However, this year has regarding this debate; a grass­ Certainly, Mr. Kessler sounds like an interesting speaker for act as this law school's popu­ seen the Honor Code and Judi­ roots reform committee pre­ anyone interested in health law issues or administrative law. larly ele'c'tedrepresentatives, the cial Council in the center of sented numerous suggestions of The Law School Speakers Forum would have done well to get 1992-93 SBA voted to extend great controversy. Aresponsive Code revision to the Chief Jus­ him to speak at one of its sessions during the school year. the appointments of all current and representative SBA should tice two months ago; The Chief Unfortunately, the requirements for a commencement speaker second-year members of the Ju­ have opened the entire process Justice was asked to present the should be something more than strong interest shared by a dicial Council for another year.