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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. 4, Issue 3) Repository Citation "Amicus Curiae (Vol. 4, Issue 3)" (1993). Student Newspaper (Amicus, Advocate...). 375. https://scholarship.law.wm.edu/newspapers/375 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 Trading Cards: Best Dean Candidates, page 11 MARSHALL-WYTHE SCHOOL OF LAW America s First Law School VOLCY1E IV, ISSUE THREE MO~DAY, OCTOBER 4,1993 TWE!\iTY PAGES Miller wins Bushrod title; Sacks runner-up By STEPHEN Laurie Hartman (3L) said this is THOMAS KING the largest tournament in By Saturday, Oct. 2, the Bushrod history. One hundred Bushrod Moot Court tournament hventy-four students from the had narrowed to two contestants 170-member second-year class -Doug Miller and Joshua Sacks competed. up from 122 out of a (2Ls). class of approximately 200 last Before a large crowd in the year. Moot Court Room, the two 'The quality and preparation debated the issue of whether an of the second years was anti -begging statute is a violation outstanding, even in the group of the constitutionally protected of IH that started," said freedom of speech. Hartman. "Many people who Miller narrowly emerged didn't make the team were victorious in the final round outstanding." She also looks followinga 2-1 vote by the judges. forward to a big tournament next Miller amused both the judges year. based upon the number of From left: Doug Miller (2L), Judges Robert G. Doumar, Lydia --Paula HamJQford and the crowd by injecting into interested first-years who Calvert Taylor, Robert R Merhige, Jr. and Joshua Sacks (2L). his argument quotes from a participated as bailiffs. decision of Judge Robert R. Studentsoughttoparticipate, were going to go thatfar. " Thirty Saturday before a distinguished of Virginia, and the Honorable Merhige, Jr. , one of presiding Hartmansaid,eveniftheydonot two of the original 124 panel of judges: Merhige and Lydia Calvert Taylor, of the judges, directly contradicting the think of themselves as good participants made the team. the Honorable Robert G. judge's line of questioning. speakers. 'Thesehvo guys in the along with three alternates. Doumar both from the U.S. See BUSHROD, page 20 BushrodTournamentlustice finals probably had no idea they The finalists argued on District Court, Eastern District Endowments to fund scholarships, public service projects By LEEANNE MORRIS Overy said the law school now has 32 than state resources would have allowed." merit. Private donors have given Marshall separate endowed scholarships totalling The estate of the late 1. Heywood Bell Overy anticipated that the public ser W)tbe $410,000 for endowments this $13 million, up from less than $1 million bequeathed $210,000 to the law school in vice fund will generate about S~ ,OOO per year, according to Dean Richard Overy of ten years ago. "As tuition has gone December. 1992. The funds were placed year for awards to students in public the Office of Development and Alumni up and the state has cut back in support, in interest -bearing accounts. Eighty-thou service jobs. He said there was some Affairs. we've had to do a lot ofwork ," Ovel} said. sand dollars were allocated to a public confusion among students last spri ng who Some of the money was designated for Referring to the endowments as the sen'ice fellowship fund and the remain thought the entire $80.000 would be im scholarships and has been distributed to school's "margin of excellence," Overy ing $130.000 were put into an endow mediately available possibly for loan re students for the current school year. said these private donations combined ment to be used at the discretion of the payment assistance. Instead, the gift is Another portion has been earmarked for with Marshall-W}the's outstanding fac Dean. The interest income from the put into a fund and only the interest public service funding, and students will ulty will put the school into the top-25 $130,000 endowment was used this se recei\'e stipends out of those funds next bracket oflaw schools. "This is what has mester to award $4, 100 in scholarships to See $$$, page 20 summer. Overy said. allowed the law school to go much further four law studentS on the basis of need and W &M affirmative action policy reviewed By PAULA HANNAFORD W&M following publication of a racially it easier to direct a proactive affirmati e The greatest obstacle to achieving offensive cartoon in the College' s satirical action program, to attract faculty and ethnic and racial diversity and tolerance magazine, The Pillory. students from traditionally under at W&M is discrediting the notion that Powell credits his decision to come to represented groups," he said. diversity and excellence are mutually W &M to h\'o factors. The first was the Powell was equally impressed by his exclusive, according to newly appointed opportunity be affiliated with an discussions with President Timothy Director of Affirmative Action Michael institution "ith an outstanding academic A. Powell. reputation, national name recognition and See ACTION, page 20 Powell is in the process of evaluating a desirable location. "These factors make W&M' s Affirmative Action programs in - Inside this issue the wake of several unfavorable events Probable cause changes • Women's law journal approved Michael A. Powell will review during the past year. The most notorious recommended to Code. Page 4. by faculty. Page 5. W &M's Mfirmitaye Action incidents involved charges of Crossfire debates Clinton's • New course: learn law through program as the program's new discrimination by a Hispanic applicant Health Care pian. Page 9. cartoons. Page 10. Director. who was denied admission to the law school, and the allegations of racism at 2 Monday, October 4,1993 THE AMIcus CURIAE Out ·o:f Our Heads Drunk driving laws are good policy; there's no question about that. The number of highway fatalities has dropped significantly since the laws became tougher and police got more serious about enforcement of them. But has the law has gone too far? In essence, a beer and a half is enough to put the average person over the legal limit. A driver who has not had enough sleep or who has taken over -the counter cold medicine can be more impaired than one who has a blood/alcohol content of .10. The trend of legislatures to succumb to the lobbying efforts of groups such as MADD is continuing. North Carolina recently dropped its legal limit to .08. The reason given was that police were breathalyzing many persons who "got off' on a reading of .08 or .09. Nevermind that these people were responsible enough to know when to say when, let's just lower the limit so we can nail them too. Lowering the limit is not the answer. No one is going to be more likely to cause a car accident with a blood/alcohol content of.08 or even .10 than they would be normally. If the old. higher limits had been enforced as much as these are, lowering would not have been necessary. The negligible amount of alcohol necessary to put one over the legal limit combined with the excessive leeway given to law enforcement procedures (for example, roadblocks and breathalyzers) has resulted in many responsible, casual drinkers From the Editors' Desk. • • having to go through extreme humiliation and financial hardship We are encouraged by the that a cautionary warning about Nor should these forums be as well as having their mobility seriously restricted for a year or recent steps taken by W&M's their potential effectiveness is in permitted to degenerate into more. Administration to address the order. attempts to bring recalcitrant Instead of targeting these people in order to boost police problems of racial tension, We do not doubt that the individuals kicking and officers' arrest numbers, the law should punish people according blatant sexism, and homophobia forums will be well attenderi by screaming into a new social to just how drunk they are when they get behind the wheel. A which seem to be occurring with those people on campus who feel order-however benevolent and sliding scale would be tremendously more equitable. The alarming frequency at this strongly about the need to change enlightened that social order higher one's blood/alcohol content the more severe the campus. The public whipping racist, sexist, and homophobic might be. History has punishment should be. which the College endured last attitudes and behavior wi thin the demonstrated over and over Tougher drunk driving laws have had the positive effect of spring following allegations of college community. Theobvious again that efforts to stifle making people more aware oftheir impairment and encouraging discrimination in admissions danger inherent in these offensive beliefs only breed designated drivers. But they have accomplished this through policies and gross insensitivity meetings is that these well resentment and undermine scare tactics that achieve the law's goals unfairly. And in the by The Pillory's editorial staff intentioned individuals will endeavors to encourage real process, a lot of non-<ieserving people have been caught in their indicates the need for some long simply be preaching to choir. change. Offensive ideas have trap. overdue changes in the The ultimate challenge to the never been completely eradicated expectations of appropriate forum organizers will be to by censoring their expression; conduct by all members of the ensure the participation of those they are merely driven college community.