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-

Gubernatorial candidates Democrat state income and sales taxes, to protect and faculty evaluations Mary Sue Terry and Republican George higher education from additional cuts, By DOUG MILLER topic. "The attitude is basically, 'We pay Allen criticized each other s campaign and to return 20 percent of state lottery The SBA continued its mission to $1.300 for rent and we have a right to promises concerning Virginia' s proceeds to local governments. Allen improve student quality oflife by institut­ parking spaces ... , In addition, residents budgetary future. In a debate before the has not responded to questions of how ing three new efforts to study the prob­ voiced safety concerns because many use Virginia Manufacturers Association, he will keep his campaign pronlises lems of parking. refrigeration and faculty their cars after dark and prefer the shorter Terry announced her plan to cut the and simultaneously achieve a balanced effectiveness. The studies. which were walk from their apartment. According to state payroll by offering financial budget, particularly in light of the discussed at the SBA's meeting Sept. 22. Newman. the residents did express a will­ incentives for state workers to leave anticipated $500 million budget will most likely result in policy recom­ ingness to compromise if there is some public employment. Stating that these shortfall this year. mendations to be passed on by the SBA or benefit to them in the reallocation. buyouts would target middle managers the full student body in coming weeks. The new first-year SBA representa­ who account for about 5 percent of the During the debate before the SBA President Kyle Short (JL) an­ ti\'es were also sworn in at the meeting. state workforce. Teriy predicted that Virginia Manufacture' s Association. nounced plans for a SUI"\"ey of parking Their first assignment was to develop a Virginia could save $ 0 million for both candidates took remarkably similar space use in all three law school lots. new "refrigerator polic-y.·' "Historically. every 1.000 state workers v.. ·ho leave. positions on issues of importance to the "Parking Sen'ices is going to be counting I Ls have always been responsible for Allen's campaign promises. which state s business community. the number of empty spaces in each lot-­ keeping the fridge clean." Short said. include eliminating Virginia' s criminal Specifically, Terry and Allen oppose faculty. resident and day-student--each There was some debate as to what parole system and instituting tax credits mandatory labor union dues for public hour from 8 a.m. to 5 p.m:' Short said. measures would be the most effective and enterprise zones to encourage employees, support Virginia's right­ The purpose of the space inventory is to "ithout limiting the usefulness of the Virginia business, also \\ill have a to-work laws, and support a new law determine if there should be a realloca­ fridge. "1 fayor the bright line rule," said profound effect on the state budget. which limits who can sue a company tion of spaces follo\\'ing complaints from 2L Rep. Mike Cox. "Just go in every The Virginia Department of for environmental damage and restricts day students that resident and faculty Friday and throw out an;.1hing that's left Corrections predicted that Allen's plan the power of local governments to spaces were being under-used. there." Others were more cautious. "What to eliminate parole wouId cost between impose their own environmental rules. Short plans to meet with the residents . about the people who keep six packs in $l.l and $2.7 billion tobuildadditional . Allen also continued to assail Terry of the Gradplex to work out a plan fqr the the reT asked SBA Secretary Erin prisons and another U55 million per· for fuiling, as attorney general, to collect best use of parking in both the outer lots. Brewster (2L). "And what about the year to nul them. Enterprise zones cost $25 million in fines from coal miners Gradplex residents, however. are opposed Tupperware. should we just throw it all the state about $700,000 per year in who were penalized four years ago for to any change in the current allocation. out?" Short deferred a decision on the refunded taxes between 1984 and 1990 violence during a protracted strike. "It's which allows them to park in any space matter. noting "These are all issues we but created 13 ,000 new jobs and an act of political cowardice ,. he said. not restricted to faculty. returned $8 to S10 million in payroll Terry maintains that she had no According to Sarah Newman (2L). See CHANGE, page 12 taxes according to state figures. standing to collect the fines. who attended a Gradplex meeting on the .\. Allen has also promised not to raise (Daily Press~ 4 . Monday, October 4, 1993 THE AMIC1JS CURIAE Conference debates world gov't, nationalist perceptions By JOHN CROUCH their national rationales grow The conclusion of diplomats less clear. and scholars attending an inter­ The panelists described sev­ national symposium is that de­ eral changes which are under­ spite the growing importance of mining the traditional paradigm international law. the concept of ofthe nation-state. Persian Gulf nationhood, on which it relies, is states, said AJan Tonelson of the falling apart. Economic Strategy Institute, The symposium. titled "Be­ "aren't real countries. They have yond the Nation-State: Trans­ armies and postage stamps. They formi ng Visions ofHuman Soci­ kill their political opponents be­ ety.·· culminated a year-long lec­ fore their opponents kill them," ture series sponsored by the but they have no concept of gov­ Wendy and Emery Reeves Cen­ ernment as a public sen'ice im­ ter for International Studies on posing the rule of law. Sept. 2-l and 25 . Tonelson called national self­ Judge Mohammed Bedjaoui interest the proper theme of for­ of the International Court of Jus­ eign policy. Because the U.S. tice at the Hague expressed hope has limited resources for repair­ that international law would be­ ing itself, Russia, and the Mid­ come a "universal law" of hu­ east, it may decide self-reform is manity. The reigning notion its "crucial moral test," he said. that the world consists of or­ Tonelson said strong nation­ The last of a year-long series of events sponsored by the Reves -Peter Owen ganic nation-states with "one states protect human freedom Center was held Sept. 24-25. people, one realm, one leader," and diversity because "societies In contrast asserted remain strong, said Tonelson. international bodies are power­ as the Germans used to say, faces based on consent will never per­ Tonelson, world-government The power of the United Na­ less when strong nations lack international attack, he said. mit" unaccountable world bod­ boosters are not brave "maver­ tions, the International Monetary the will to act. Most ofthe 20 panelists, how­ ies to assume "raw power over icks," but rather represent a Fund and other international As a case in point, Bedjaoui ever. said no comprehensive sys­ our lives. Evel)thing else we powerful utopian establishment. institutions is overblown, he said, mentioned that when Bosnia tem is likely to replace the na­ value would be trampled." The So used to interdependence and because they are actually crea­ asked his court to overturn the tion-state. Panelists said gov­ nation-state may survive for the harmony, they forget that rea­ tures ofthe U.S. and other strong ernments have more social re­ same reason it was invented: to sonable people naturally differ. nation-states that used them to See WORLD, page 5 sponsibilities than ever, while defend against outside force. Established western states fight the Cold War. He said that Changes in probable cause, triviality recommended By PAULA HANNAFORD prosecutorial discretion. various definitions, stated that he was cil] to not conduct a trial for possible The Judicial Council subcommittee The precise definition of "probable unconcerned with the potential embar­ offenders." charged with reviewing the Honor Code cause" became a significant issue in the rassment to the Judicial Council of being A related discussion by the subcom- addressed probable cause and triviality wake of the Kroner Trial in Dec. 1992 ultimately unable to convict persons ac­ determinations as well as procedural as­ after several individuals complained that cused of Honor Code violations. "It's See CODE, page 5 pects of the Code in its meetings held the case should not have been brought to more embarrassing [to the Judicial Coun- during the last two weeks. tnal unless there was a reasonable possi­ /~~~======~ The subcommittee ultimately agreed bility of convicting Kroner. ChiefJustice Hopkins addresses faculty '\ that probable cause for trial should be Subcommittee Chair Fred Jacob (3L) Judicial Council ChiefJustice David . program is supportive of the Judicial determined by whether the evidence summarized the debate as whetherto "err the "when viewed in the light least favorable on the side of prosecuting or to err on the Hopkins (3L) addressed the M-W Council's efforts to make student faculty at their scheduled meeting Sept. body more awareofHonor Code issues, to the Accused, indicates more probably side of protecting individual liberties and 23 to request their support and than not that an Honor Code violation has rights." accordingto Professor James Moliterno. occurred." Arguing in favor of the lowest thresh­ suggestions for Judicial Council efforts He indicated that they welcome The subcommittee also voted to allow old--whether the Probable Cause Panel to reform the Honor Code. Hopkins suggestions about ways to include those the issue of triviality to be reconsidered at found it conceiyable that an Honor Code stated that he wanted the opportunity to discussions in appropriate places in the any time during the course of the pro­ violation had occurred--Tim Bird (3L) address the faculty after becoming . Legal Skills curriculum. aware of student perceptions that the ceeding upon discovery of new evidence. maintained that the Probable Cause Panel However, Molitero warned that Other changes to be recommended to rarely has sufficient evidence to deter­ faculty were not confident in the' faculty hesitation about the Honor Code the Council include requiring students to mine the likelihood of an Honor Code effectiveness of the Honor System to was the result ofpast decisions to acquit sign a pledge in conjunction with taking conviction. "New evidence, new testi­ deter violations of the Honor Code. students accused of Code violations exams and amending the Code to require mony, and elegant speeches are always "My message to the faculty was that and that it would require a joint effort interviewing applicants for Council seats going to come out at trial. These are the an atmosphere oftrust is detx:ndent not by students and faculty to overcome and posting their names. The subcom­ factors that determine whether a convic­ only on student support for the Code, those opinions. but also on faculty support because mittee also rejected a proposal that would tion will occur," Bird said. Professor Glenn Coven was more their actions can undermine the spirit have made expUlsion the sole sanction for Jacob argued in favor of the higher skeptical ofHopkins' message. Noting of trust," he explained. a Code violation, favoring more flexibil­ standard of whether it was more probable that current attempts to reform the Professor Trotter Hardy stated that ity for the panel conducting a trial. than not that the Trial Panel would con­ Honor System imply that the process Definition of Probable Cause vict on the basis of the assembled evi­ he appreciated Hopkins' concern that "has gone badly astray," Covens students and faculty take the Honor There was a general consensus among dence. "We need to ensure that if there is described Hopkins' address as an the subcommittee members that a more no way to convict, that the accused is not Code seriously but noted that existing attempt to "convince the faculty to have faculty perceptions about its precise definition of probable cause was put through the hell of an Honor Code confidence in proceedings which are effectiveness present the paradigm needed. The members agreed that the trial." Jacob also e:-.-pressed the concern substantively and procedurally flawed. " standard should be higher than that in the that other procedural requirements of the dilemma of the chicken and the egg. He added; "nothing in the world makes current Code, which is "whether two trial system, such as the jurisdiction and "[Hopkins} wants the faculty to trust the faculty happier than not having to reasonable persons would disagree" about triviality determinations, did not permit that the Honor Code is working," he deal with these types of issues, but whether a violation had occurred. But an adequate degree of prosecutorial dis­ explained. "But the Honor Code bas to when the pr~ doesn't produce fair subcommittee members disagreed about cretion. work before the faculty can trust it" results, the faculty bas a responsibility the extent to which probable cause deter­ Joe Jones (3L), objecting to the "slight The faculty of the Legal Skills to take matters into its own hands." ~ minations should serve the purpose of distinctions" being made between the ~onday, October 4,1993 THE AMICl'S CliRIAE 5 Marshall-Wythe's women's law journal becomes a reality By SHELLEY EVANS In addition, at this time the Mary and A proposal to establish the William William Feminist Law Society offers the and .\faryJournal o/Women and the Lmll only means for discourse at M-W on received overwhelming approval at the gender-related issues. A women' slaw Sept. 23 faculty meeting. Linda Jackson journal would provide an opportunity for and Janet Breckenridge (3Ls) launched students interested in focusing on this the idea for the Journal. and will assume expanding area of the la\',' to gain valuable editorial positions. journal experience. Among the supportive faculty Initially to be published once a year. members were Dean Jayne Barnard. the Journal will consi t of professional Professors Linda Butler. Michael and student articles. and book review . In Gerhardt. and Linda Malone. Malone addition, the Journal will include a will act as faculty advisor to the Journal. commentary section. written by students. Editor-in-Chief Jackson stated that which will provide an update on statutes the Journal would not focus on one and case law affecting women. Student ideology but would present a fo rum for articles will be chosen from papers and scholarly debate. Jackson felt that articles submitted for consideration by When the idea for a women's law and staff members. Given tile encouraging Marshall-Wythe is in need of such a any member of the student body. journal initially was proposed last spring. level and depth of support. the edi tors feel forum because the school does not offer The Journal will cover numerous facul ty members expressed concern about the longevity of tile Journal is assured. any courses on women in the law. as do topics, including reproductive rights, the longe\'ity of student interest in such a While the anticipated premiere other law schools. For example. the law products liability. health law. and publication. After infornlation about the publication date for tile Journal is not schools of Harvard and Rutgers have employment law particularly relating to idea was distributed via hanging file, until Spring/Summer 1994. t-shirts published women's law journals since Title VII. The Journal also will seek out however. 35 to ~O students expressed an featuring tile Journal's logo (pictured) the 1970s. and approximately 10-12 other divergent points of view on such interest in holding staff positions. are already a hit at M-W. The initial law schools currently publish similar contentious issues a s women and Presently. 50 people comprise the shipment sold out soon after approval of journals. pornography. Journal" s staff, including botil editors the Journal was officiaL private global networks are not, questions about whether the "un­ sions could be considered. WORLD, from page 4 said University of Southern Cali­ CODE, from page 4 authorized borrowi ng" ofunim­ As a means of heightening fornia Professo r Stephen portant items--such as a piece of the awareness of Honor Code arms embargo. the court's hands Toulmin. Most international mittee focused on whetiler the gum or a piece of pizza--would requirements, the subcommittee were tied. The problem, he said, activity is not set in motion by appearance of improper behav­ constitute a prosecutable viola­ recommended including a Code is that the Court has no power of any kind of government, he ior, facetiously referred to as a tion under the Code. provision that all exafllSa nd aca­ judicial review over the UN. noted, citing a financier who violation of the "Moron stan­ The subcommittee also rec­ demic submissions include a John Stremlau of the U.S. recently opened a university in dard," should prompt an Honor ognized a potential complica­ separate pledge signed by the State Department said that free­ Prague. Toulmin said private Code investigation and trial. tion of triviality determinations. student. The pledge would state dom abroad is in America' s self­ individuals in networks, account­ Jonathon McGrady (2L) fa­ The procedural step. they found, that the student had received no interest, because free-market able to each otiler, need not be vored including the appearance involves a recitation of tile accu­ unauthorized assistance on the democracies are more account­ accountable to state power. of impropriety within the scope sation against the alleged of­ exam or paper. able and do not consider making Panelists debated whether of probable cause. "If someone fender, prior to any Judicial Chief Justice Dave Hopkins war on each other to be a viable any paradigm could put tile world is careless enough to put them­ Council investigation, which (3L) cautioned the subcommit­ policy option. He called this in order. Princeton Professor selves in the position of looking fails to account for either the tee that enforcement of this pro­ "democratic realism." Manfred Halpern called ethnic like they've cheated," he ex­ credibility ofthe witnesses or the vision would require faculty co­ University of Virginia Pro­ " self-determination" an plained, "they' re going to learn possibility of harassment. operation. He indicated his will­ fessor Abdulaziz Sachedina said Orwellian fiction masking the a good lesson by going through Other Issues Debated ingness to request faculty to one reason for the weakness of raw exercise of power, the es­ an Honor Code triaL" The subcommittee also con­ refuse to grade any exam or pa­ Middle Eastern nation-states is sence ofall government. A group A "Floating" Standard sidered a number ofother issues, pers without the pledge. that "Islam is international law. " is not a "self," just as Europe is To compensate for the lack of including the imposition of ex­ The subcommittee ', also Traditional Muslims see their not a community, he said, pro­ information available to the Ju­ pulsion as the sole sanction for unanimously approved afllend­ faith as a movement to impose posing "indiyidual self-determi­ dicial Council during their ini­ conyiction of an Honor Code ing the appointment process of orderly social life through dis­ nation." Stremlau concurred that tial determinations of jurisdic­ yiolation. the requirement of Judicial Council members to in­ coverable, universal laws or "states do not have any inherent, tion and triviality, the subcom­ separate pledges of conformity clude public notice and inter­ "Sharia.·' There is no Arabic inalienable rights. Only indi­ mittee decided to recommend with the Honor Code by M-W view provisions. The purpose of word for "nation" or "state," and viduals and the family" do. that the triYiality determination students on all exams and aca­ the provisions would be to give governments are not seen as Bedjaoui said balancing na­ become a "floating standard." demic papers, and a more elabo­ the student body the opportunity sources of moral authority sepa­ tional security and minority The suggested language of rate appointment process for Ju­ to know the identity of persons rate from religion. Sachedina rights \\ithin each state was a the new standard will provide dicial Council applicants. applying for Judicial Council said that for fundamentalist and continuing problem. He pre­ thatat any point during an Honor The subcommittee unani­ membership and to comment traditionalist Muslims, the Gulf ferred using international law to Code proceeding, "upon discov­ mously rejected the proposal that about their qualifications during War was a moral crisis where protect minorities, not the "cast­ ery of new evidence relevant to the Honor Code be amended to the selection process. This provi­ Islamic unity and national in­ iron logic" of ethnic separation. the gravity of the offense, the mandate expulsion as the sole sion was selected in lieu of an tegrity \vere irreconcilable. The judge believed a state accused may make a motion or sanction for violations of the alternate proposal that Judicial The nation-state idea fares could not survive unless its the Judicial Council sua Code. They felt that the existing Council mefllbers be subject to even worse in Africa, where people shared "a common life sponte,can request a reconsid­ Code provisions-which permit affirmation by the student body "many states cannot cope" and [in] democracy and freedom." eration of triviality. " If the Judi­ the Trial Panel to recommend a prior to taking office. Jacob are run by the IMF, said UN For example, the multi~thnic cial Council, en bane, determines lesser sanction if the severity of characterized the student affir­ official James Jonah of Sierra Swiss haye such an experience, tilat tile violation is trivial, the the offense and other mitigating mation alternative as "extraor­ Leone. He said African coun­ but the ethnically indistinguish­ case will be dismissed. circufllstances warrant it--are dinarily cumbersome." tries formally reject the state able Serbs, Croats and Slavic Particularly troublesome to adequate guidelines. Although Recommend3tions fllust be concept as a Pandora's box that Muslims never did. subcommittee members was the the subconunittee also rejected submitted for approval to the full would cause war at every border. Stremlau said today's diplo­ precise meaning of a "trivial of­ the possibility of sentencing Judicial Council, the SBA, and To a Somali, he said, "Somalia mats must set fair processes to fense." Altilough Honor Code guidelines as being substantively the student body. is a geographical expression. tame inevitable evils of faction­ offenses encofllpass any instance unworkable, they did consider Subconunittee flleetings are Loyalty is to the sub-sub-dan." alism Plans to uproot selfish of lying, cheating, stealing or mandating a minimum sanction. held on Tuesdays and Thurs­ While international govern­ causes of discord all end in to­ failing to report an offense, the The proposal was ultimately days at 6 p.fll. The agenda of ment bodies are tied to nations, talitarian stagnation, he said. subcommittee struggled with tabled until other Code provi- issues to be addressed is posted on the SBA bulletin board. 6 Monday, October 4, 1993 THE AMICUS CURIAE ---Law Watch Meet Walter Felton By JOHN CROUCH tain interest -checking accounts may keep GUN BAN VOID: The U.S. cannot ban their IOLT A, but ordinary clients' inter­ Professor Walter Felton is more than guns from within 1.000 feet of schools est is pooled to provide grants to public­ just a professor of Criminal Law and because neither local schools nor mere interest groups and legal aid. Clients Trial Advocacy. He is also the possession of guns substantially affects need not Pe told. (J'irginia Lawyer). In legislative liaison and trainer for interstate commerce, the Fifth Circuit short. explained Arlington lawyer Doug approximately 400 state prosecutors, a held. (Westlrru). Welty, "The 10LTA money goes straight single father oftwo , and an avid Jimmy NO ACCOMPLICE EXECUTION: to Moscow." Buffet fan. Arkansas may not electrocute Barry Lee GA Y ON SUB: LU.G. Dirk Selland In his spare time. Felton enjoys Fairchild for "extreme indifference" as may resume actiYe submarine duty until floating in a canoe in the Upper James an accomplice to murder, said federal his trial. said a Norfolk judge. Selland, River catching small-mouth bass. "No judge Thomas Eisele. Fairchild. alleg­ relying on a politician' s promise to end telephone, no worries. That's how I edly retarded. was scheduled to be killed the gay ban, told his C.O. of his prefer­ unwind. I like the outdoors," he said. Sept. 22. (Washington Post). ence inJanuary when reporting taunts by Felton comes from a "very humble GAY ADOPTION: O\'erobjectionsfrom other shipmen. (J ·irginian-Pilot). background," in Suffolk. His late father, birth mother Megan Lucas. a Seattle judge ASPIN RISKS CONTEMPT: L.A. fed­ a water works operator, had only a put her son. age 3, in foster care on a trial eral judge Terry Hatter ordered the mili­ second-grade education. But, Felton basis with Louis and Ross Lopton, gay tary not to discharge gays or take them off says. "My father had a great deal of men who hope to adopt him. The mother active duty. If it does. it must pay con­ intelligence, far more than I will ever says her life is no longer disrupted and tempt fines of at least $10,000 a day. The have .... I was more proud of my father the time--it really gives me some of she can raise the boy. She says social Pentagon will obey. but expects the Ninth than he ever was of me." an advantage over my colleagues," workers \ ...· ho induced her to give him up Circuit to decide its appeal this week. Felton received his B.A. from the be said. last September promised he would go to (Daily Press). • University of Richmond where he was In addition to his other duties, "a moral family." (USA Today). GAG: A rule that federal workers may "a regular Ft.-Lauderdale-Spring- Felton works with Virginians Against BLOOD SECRET: People who got not speak or write for money violates free Break kinda guy," serving as president Domestic Violence and is on the AIDS from blood banks may not get speech, the full D.C. Circuit said. (Na­ of the Interfraternity Council. He Governor's Violent Crime Task donors' names, said Concord, N.H. , fed­ tional Lmy Journal). received a full scholarship to that Force. eraljudge Shane Devine. (National Lmll FEARSOME TEST: Police officer college's law school. Felton has two sons, Walter, ill, Journal). Norm Harrington's $960.000 damages After school, Felton joined the Army 23, and Joe, 17. Joe accompanied his MANDA TORY DIVORCE: A federal award for a civil rights violation was JAG Corps. As counsel to the 3rd Dad to Madrid last year with the judge overturned a Utah law which retro­ upheld by a federal judge in Bangor, Army Physical Disability Agency, he summer abroad program. Feltonsaid actively divorced everyone who had AIDS. Maine. Harrington was discriminated represented injured Vietnam soldiers he had about five Spanish students in The plaintiffs feared the law would dis­ against in his job after he refused to take against the government. Interestingly, his American Criminal Process class, rupt their health insurance. (USA To­ a penile plethysmography, which mea- his opposing counselin those cases was who always bad difficulty day). . sures sexual response to pornographic Professor Fred Lederer. Felton . unaerstanding his Eastern Virginia RIGHT TO DIE: A woman with Lou depictions. He had been suspected but described those days as "a vel}' sobering dra wI, although they understood and Gehrig's disease has no constitutional not charged with involvement in a child experience-seeing my friends come spoke English very weU. right to assisted suicide, announced sex ring. (National Lmy Journal). back ,,,ith no arms and legs." Felton said he is encouraged by Canada's Supreme Court in a close deci­ WOODY GETS OFF: Woody Allen In 1973, Felton returned to Suffolk the increased sensitivity of law sion (5-4). (U 'ashington Post). will not be charged with child abuse. to practice criminal defense and students these days. He pointed to RIGHT NOT TO DIE: Fairfax Hospi­ Wallingford. Conn., prosecutor Frank personal injury law. Public Service Fund as being tal must follow a single mother's wishes Maco said a trial would "sacrifice the Then in 1982, he joined the faculty relatively new, and students working and treat an anencephalicll-month-old well-being ofa child on an altar of sensa­ of M-Win a newly created position with the homeless and with kids. He who stops breathing every few days, said tionalism and public spectacle." (Wash­ funded jointly by the school and the said it's a "wonderful thing that the Alexandria federal judge Claude Hilton, ington Post). General Assembly's fund for training legal profession has missed.... It's citing constitutional and disability law. IMELDA JAILED: A Manila court state prosecutors. His job entails a very healthy sign for the future of Anencephalic children are born with a imprisoned Imelda Marcos for a mini­ training the 121 state prosecutors and law." brain stem. but no cortex. The mother mum of nine years on corruption charges. their assistants, about 400 in all. He His advice to law students is to not refused to abort, then ignored an ethics (USA Today). also must review and comment on any ex-pect to do at the end of next summer committee's decision that the girl should IVY ANTITRUST CASE: Socialequal­ legislation considered in the General what they're going to do the rest of be allowed to die. Insurance covers the it} mightjustify college price-fixing. said Assembly that deals with criminal law. their life. He said students should be routine outpatient treatments, but they a Third Circuit panel. The court re­ The last session saw approximately . willing to take risks, but to "be patient unethically prolong a low-quality life. the manded the antitrust case to find whether 1,000 pieces of such legislation. with life and keep working." hospita l contends. It has appealed. the Massachusetts Institute of Technol­ "The beautiful thing about my job is. Felton described himself as a (Washington Post). ogy (MIT) sayed aid money by diverting I remain on the cutting edge in the "Polyanna person. I think life is NAFTA: "The president is not an it from people who didn't need it. MIT is General Assembly, and yet being in the good," despite its pitfalls and agency:' so he need not preparea massive the only defendant left. Ifit \'rins. the h 'ies classroom and being asked 'Why' all disappointments, he said. em'ironmental impact statement on the may challenge their earlier settlement. North American Free Trade Agreement, (1 1'011 Street Journal). N.Y .. justice John Diuguid pulled a gun OPEN SEASON ON TROLLS: Trolls said D.C. Circuit Chief Judge Abner DON'T MENTION IT: Collectionagen­ on loud spectator Ronnie Lawrence, who are in the public domain, said Manhattan Miha. (Washington Post) cies may not hint at legal action until was punching a policeman. (:\'ew York federal judge John Keenan, so neither YOUTALKIN'TOME?: NurseJuanita their clients authorize suit, the Second Law Journal). Russ Berrie nor EFS Marketing has ex­ McNeil, whose boss at Belle\ue Hospital Circuit held. Under the Fair Debt Collec­ VIGILANTE MOM GUILTY: Ellie clusive trademark rights to them. Keenan gave crucial orders only in Tagalog, the tion Practices Act. a letter saying a debt Nessler, who shot her son's alleged mo­ said both parties' trolls resemble designs primary Philippine language. may sue for was "referred to my desk where a decision lester at his preliminary hearing, was sold by a Danish woodcarver in the 1960s. national-origin discrimination, a Man­ must be made" illegally and falsely im­ found sane and guilty of\,oluntary man­ Berrie said he would appeal, although hattan federal judge held. (National Lrru' plied authorization. imminent suit, per­ slaughter by a Sonora, Cal., jury. (USA "today trolls are not what they were in the Journal). sonal attention, and the existence of a Today). past." (Jfall Street Journal). MUST DIVERT CLIENT FUNDS: The desk. (New York Law Journal). CHILD SUPPORT OPTIONAL: Di­ COURT .BOOTLEGGER: University Virginia Law Foundation began skim­ ASSETS FREED: A law freezing assets vorcing parents may renounce future child of California-San Diego Professor Peter ming the Interest On La'''1'er Trustee during divorce violates substantive due support claims in court-approved settle­ Irons, who sells tapes offamous Supreme Accounts, or "IOLTA. " As of Oct. 1, process because it includes non-marital ments, said Virginia's Court of Appeals. Court arguments, will be practically un- Virginia lawyers must keep retainers and property, Illinois's Supreme Court said. Dissenters said support is an inalienable settlements in interest-bearing accounts. (National Lrrul Journal). right of children, not parents. (Virginia See WATCH, page 12 Clients who can deposit enough to main- SUMMARY JUDGMENT: Monticello, Lawyers Weekly). Monday, October 4,1993 THE AMICUS CURIAE 7 Environmental economic policies debated at colloquium By MARC BERNSTEIN phasis on cross-media ap- VVhen asked the questions proaches to environmental is­ "Environmental Policy: How is sues. The cross-media approach it formed? What are the cosis? demands that policy makers ad­ VVho pays?" a panel of four ex­ dress environmental problems perts representing varying envi­ more comprehensively, instead ronmental perspectives could offocussing only on water pollu­ only agree that nobody gets a tion or solid waste disposal. free ride. The Thomas Jefferson However appealing and fash­ Program in Public Policy hosted ionable this approach may be, the discussion. panelist Richard Penna of Van The two government repre­ Ness, Feldman and Curtis, a sentatives on the panel, Amy Washington, D.C. law firm that Newman of the U.S. Environ­ represents the automobile indus­ mental Protection Agency and try, suggested that full realiz.a­ Pamela Faggert of the Virginia tion of a cross-media approach Department of Environmental may require the repeal of all Quality. agreed that although the major federal environmental federal government took the lead statutes. This, he concluded, in enyironmental policy-making ",ill never happen. in the early 1970s, state agencies Penna noted that EPA's fail­ have become much more com­ ures in its early years have led petent since then. Congress to more closely scruti _ From Left: Panelists are Lynda Butler, Ted Minor, Pamela Faggert, --staff photo Amv Newman and Richard Penna Faggert added that Virginia nize the executive policy-mak- .J has recently merged its three ing body. He explained that also resulted in heightened Con- "Everyone pays. The principle ta"\.1>ayer to passing costs on to executive agencies that formerly because Congress no longer gressional scrutiny. of 'polluter pays' makes a fair specific consumers. However, independently regulated air pol­ trusts EPA to implement its Panelist Ted Minor, repre- amount of sense. Althoughthe big ticket items, such as clean­ lution, water resources. and solid policy directives, Congress senting the Virginia Manufac- panelists did agree on this guid­ ing up after the Defense Depart­ waste. The new Department of writes very specific laws in order turers Association, said, "We ing precept, they could not come ment, still come from the gen­ Environmental Quality houses a constrain EPA. have put more trust in congres- together on who exactly the pol- eral fund. Ultimately, Penna policy department that directs Panelist and Professor Lynda sional staffers." However, the luter was and how much he or stated that the best way for Con­ and coordinates long-term policy Butler noted that liberal courts staffers are no more and prob- she should pay. gress to implement the "polluter among the three media-specific and executive oversight agen- ably less qualified to perform Newman opined that those pays' principle would be to place divisions. No such mechanism cies such as former Vice Presi- this function than EPA staffers, who receive the benefit should more faith in the EPA by writing existed before the merger. dent Quayle's Council on Com- he said. pay the cost. The government The creation of DEQ com­ petitiveness and the Office of Turning to the question of has endeavored to shift from See ENVIRO, page 8 ports with the EPA's recent em- Management and Budget have "Whopays?,"Pennaofferredthat passing costs on to the general Drapers' Scholar impressed with M-W students By LULIT MILLION offered by the respective schools. Drapers' Scholar Andrew Sharland In the past, several scholars from will spend his year at M-VV participating QM&VV have chosen the Graduate Tax in the American Legal Studies (ALS) Program, but Sharland chose the ALS program, a graduate program designed program and Constitutional Law as one for foreign students who possess law de­ of his classes because of his interest in grees from other countries and ""ish to individual civil liberties. "American law learn about the American legal system. is amazing. The issues discusse(i"-are so The Drapers' Company of London, different. You don't have these protec­ which provides scholarships for one year tions [in England]." he said. The course of post-graduate study, selects one stu­ load for the ALS program consists of a dent from the Queen Mary & VVestfield major research project and 24 credit hours College of the University of London and of one's choice. one Marshall-W)tbe student to partici­ Sharland expressed his initial impres­ pate in the legal exchange program. sions of Marshall-W)the. '" I am im­ Sharland, who received his LLB from pressed with the standard of students and QM&W College. comes from Tunbridge their enthusiasm and the amount of stu­ VVells. Kent in Southeast England. He dent involvement with journals and other also studied in Holland for five months as activities. " part of his undergraduate degree. "Law is Although he is accustomed to classes [a three year] undergraduate program in that consist of small lecture groups, England" eX1>lained Sharland. Students Sharland admits that the socratic method are then required to do one year of profes­ has its advantages and that being picked sional training and another year of paid on at random is a definitely a different trainingatalawfmn. Next year Sharland method of teaching. \\ill pursue a post-graduate degree in a Sharland is also impressed ",ith the competitive masters program at Oxford cOIt:\puter facilities such as Lexis and Uni\·ersity. VVestlaw. "The facilities are phenom­ The Drapers' Scholarexchange, which enal. I am picking up skills that English began during the 1986-87 academic year, students do not have," he said. Sharland was a result of a long-lasting relationship also stated that the college campus is between Drapers Company and VV &M. gorgeous and a pleasant environment in Andrew Sharland visits M-W from England as this -Peter Owen The subsequent connection between VV&M and QM&VV permits the scholars year's Drapers' Scholar. See DRAPERS', page 20 to choose any graduate level program THE AMIcus CuRIAE Featured Commentary Monday, October 4,1993 8 Whose HonQr Code is it anyway?Bushrod tnemo oversteps saying anything to second-years to competitors in the tournament attention to detail and the provides us with power to regarding the style and substance and that the Honor Code would anticipation of alternative influence the actions of our By Chris Koomey ofthei r motion arguments which not be invoked automatically if interpretations of language are classmates. The Code relies on are conducted during the the rule were violated, but only if at the core of what separates a mutual trust and respect between No Bushrod tournament can preparation phase of the a student's actions fell within lawyer from a paralegal. Sloppy students. This memo is not the pass without a little controversy. Bushrod? In violated this edict. the definition of lying, work reflects poorly on the first time or the last time that law While great efforts were taken to what would happen to me? cheating.or stealingas delineated profession as a whole and creates students have been threatened in rein in rogue judges. a question Would I be in violation of the by the Honor Code and more work for everyone involved. a seemingly arbitrary manner. of o\-erreaching was broached Honor Code, the only formal determined by the Honor lfwearesatisfied\\Strange demented desire to Dear Speechless, 8. How strict is your shoe methadone clinic to your Like ' the question above, hear bad cover tunes. This part of the interview wearing policy? [Actually used office? wanted to give you ten reasons to I. You have the keys to daddy's process has confounded many by Debbi Holmes] 2. Didn't I just read about you go to Fall From Grace. But I car. The Animated Attorney: Cartoons are More Fun than Law By MARC BERNSTEIN forget Justice Mickey Mouse, who defendant, and putting aside the obvious people. After the initial pleadings are By the time one reaches one s third heralded in the modern era of cartoon proximate cause issues, held defendant is filed, defendant moves to join her brother, year of law school one realizes that the animation by overturning the law of not liable because plaintiff failed to prove Bart, as a defendant and dismisses her less time one spends in law school classes, gravity. damages. Defendant introduced action against her parents. Bart opposes the nlore one learns. Pursuant to this Anyway, after I fail to get a job upon competent evidence that plaintiff was in the motion in order to gain national media ever-informed, guiding principle, I graduation, I will begin producing a series perfect health in the next scene. attention and a spot on the new "Krusty enrolled in an undergraduate of animated teaching aids that will make PROPERTY--A. A. Milne and Live" talk show on CNN. Held, motion environmental geology course to BarBri sit up and . . . fall down. The Winnard A. Pooh, Cases and Animations granted. Principle of Beaver v. Cleaver, supplement my environmental law following are excerpts from some source on Property Law. Defendant, a donkey upon which Bart relied, is not applicable studies. material I've come across. with a tail held on by a nail, looses his because neither Ward nor "the Beav" To m) surprise and enjoyment, our TORTS--2 Coyote and Roadrunner house to a fierce rainstorm, i.e. Act of were cartoons. first lecture included a viewing of Dr. on Torts 47. Plaintiff, a coyote (species God. A conspiracy including Tigger, CRIMINAL LAW-Hearings before Seuss's The Lorax, with no commercial res idiotus loquitur) wishes to intercept a Kanga, Roo (that little troublemaker), the Senate Comm. on the Animated interruptions and on the big screen, (The third party, a roadrunner (species /ega/us and Owl, determine defendant should Judiciary, WIst Cong., 1st Sess, undergrad campus hasn't ex-perienced the immunus), and have this third party for take title to P-p-p-p-plaintiff's (p-p-p-p­ (testimonyofGrinch, T.). OnChristmas proliferation of neck-wrenching hanging dinner. Plaintiff straps himself to a rocket piglet's) house and reside there Eve, defendant rides sleigh pulled by co­ TVs to which the law school has been manufactured by defendant, Acme permanently. P-p-p-p-plaintiff sues to defendant (alias "Max the Spaniel" and subjected. Apparently the undergrads Ridiculous Products Co, Inc., Ltd., quiet title in himself (as opposed to Pooh, "Snoop-Dog-E-Dog") into Whoville and watch a lot of flicks in class.) Partnership, S.A. , and ignites the rocket. who often sues to quiet honey in himself). trespassorily takes virtually everything. Prior to the showing, the instructor Plaintiff overflies his target and impacts Held, Tigger jailed for contempt for The record reflected that defendant left announced 'Take notes. This will be on side of butte. Plaintiff then fails to the successively pouncing the judge and "not even a crumb big enough for a the midternl." I studied more for this ground several thousand feet below and bailiff. mouse." However, the following morning, midterm than I did for all of my first -year the rocket launcher, which has been DOMESTIC RELATIONS--H. after suffering a severe heart enlargement, exams combined. I even sought out waiting patiently on the top of the butte Simpson and M. Simpson, Developments defendant changed his mind and returns peripheral Seuss cartoons to help me for plaintiff, falls onto plaintiff, driving in Domestic Relations: Divorcing Your all the property. Held, defendant is not truly understand the man and his message. him into the ground like a pile driver. Entire Family Except f or Your Baby liable because bona fide religious rebirth The point of this tale is clear. Cartoons The rocket launcher then somehow ignites Sister, 36 SPRINGFIELD L.R. 485 (1993), caused him to undo ail his evil. However, are fun and studying law is not fun. So and carries plaintiff skyward only to Plaintiff, Maggie, a Springfield resident, Max the Spaniel is liable as a principal in what do we do. kids? We learn law by impact a well placed overhang. Plaintiff, mo es to Florida and sues under Florida the L643rd degree because there was no studying from the true masters: Justices the overhang and the rocket launcher law to "divorce" her parents. She claims Scooby Doo and Learned Snoopy. and then crash to the ground. plaintiff first. of they are not her real parents. Alternativel " See LA W-RAX, page 11 Judges Ren and Stimpy. And lets not course. In products liability action against she alleges that they are not even real Simplex Dictum by Jeff Regner

..... A HI) ,'vf; WA~O.,.. A~D L.-IC.· A-T Mt' RflcJ"'~ AAJI) ANb 6~~ 1/1HJl)Y I b~ I W~K FDR. YOcJlt ':Iit"" YDIJ'LL N.rlcc THAT TJ-I£ Love Q(.&)£ 15 c>e klW' .'.~ I £V£C SINtE I WAJ ',,vdt , """'T~;t . ~4t1C IS R'~HT ~,oc S. tC)' luT \ 6JE LI#(£" M!"oc.ESS) ~ IJ P. J'oU'If£ OV£A I'IdHUS'"S1"1 ' V£mI ~-I)! ~; C>UALf~'£b ~ \ ~

@h1 ~)~,, '. / //J~" / /1 l", 7 Monday, October 4,1993 THE AMIcus CURIAE 11 Life After Law School Law grad total loser; Dad takes brunt of his frustration By RICHARD HRICIK around big words), this means I don't indications of sleep common to virtually obligations. Most children would be Midwestern Co"espondent want to be awakened in the mornin.g. every life form. Further, the fact I didn't thankful for a parent. . . ." There are two advantages to being a This fact seemed to escape my father. answer you the first two times you bellowed I didn't argue. I just thanked him and law student. 1. You are not Ih'ing with Having been out very late the night before, might have been a hint." Then, as an apologized. I guess when he gets mad your parents. 2. See number I. I am at the very late hour of 8 a.m. I was in a immediate resolution of the situation, I like that he's just getting back at me for finally able to talk about this because I deep sleep when I was woken by the would have delivered a swift and just my teenage years. In retrospect, I probably moved out of my father' s home in August stupidest question known to man: "Are smack in the noggin and I would be able deserved it. and have been seeing a team of shrinks you sleeping?" to back to sleep. I moved out in August after only two since the day I moved in. If it had been a roommate I would But to my father I said a gruff, but short months. He never said that he was The lead therapist said it would be have said, "Moron, given that my eyes polite, "No, Dad. I was just laying here." sad to see me leave, and I never said that good for me to talk about it. Forgive me were closed, my breathing shallow, and That was it. He went nuts. '"1' m sorry I I was sad to go. But for two months, I got if I go astray. I am still plagued by the heart rate low, even a simpleton like care about your life. I'm sorry that I'm a chance to show him I was sorry for how recurring nightmare of my father chasing yourself should understand that these are concerned that you take care of your I treated him when I was 16. me down the driveway with my jacket in his hand and telling me how cold it was going to get. It wouldn't have been so bad Unprofessional Courtesy if! hadn't had a date in the car with me at the time. The following exchange took place during a deposition last year in S1. Louis. Joseph Jamail, 66, represented plaintiffs Don't get me wrong. I am thankful for who claimed Monsanto company had exposed them to dangerous chemicals. Edward Carstarphen, 34, a partner at my father. Let's be honest. With no job, Houston's Woodard, Hall & Primm, defended Monsanto. The lawyers' dispute centered on whether Carstarphen could no money and no legal obligation to take object to questions and otherwise act as counsel for a witness who was a fomer Monsanto employee. me in (a fact he constantly threatened, er, reminded me of), he let me live there. Jamail: You don't run this deposition, you understand? Nothing makes you feel more like a Carstarphen: Neither do you, Joe. total loser than having your parents bail Jamail: You watch and see. You watch and see who does, Big Boy.... And don't be telling other lawyers to shut you out. I left for law school thinking up. That isn't your goddamned job, Fat Boy. "Once I graduate making a billion dollars Carstarphen: Well, that's not your job, Mr. Hairpiece. a year, I'll never have to ask them for The Witness: As I said before, you have an incipient ... anything. I am a man, dammit! Highly Jamaii: What do you want to do about it, asshole? educated, strong of mind, learned in the Witness: I'd like to knock you on your ass. field of right and wrong, ready to remedy . Jamail: Come over here and try it, you dumb son of a bitch. Come over here ... injustice at every turn and fight oppres­ Carstarphen: You're not going to bully this guy. sion . ... but first ... I need to ask my Dad Jamail- Ob, you big f!lt tub of shit, sit down. Sit down, you fat tab of shit. for money to go to the movies. When you live with a roommate, you Two months later Monsanto settled its dispute with the plaintiffs for $39 million. (American Lawyer, October 1992). are free to tell them when they are encroaching on your space. But with Administration for selling mislabelled and unlawful imprisonment); and N. your parents it's different. Somehow, LAW-RAX, from page 10 Roast Beast. Devins, The Constitutional Animated maybe it's genetics, the biological Future projects include: Cah.in & Redux Hydra, 32 HARv. L.R. 27 (1993) connection changes all that. Then again, extrinsic evidence, such as an exploding Hob'?es (eds.), 4 DEFENSES TO C~AL (arguing that syndicated cartoon maybe it's my father's amazing ability to heart, that purged Max's meni; rea. ACTIONS § 1.3 (noting that talking to characters have no constitutional right to make me feel guilty. He dispenses guilt In a related incident, illnesses plagued stuffed animals is competent evidence to privacy). like parking tickets-with a frightening the entire town of Whoville for several show that defendant is incompetent); M. Ofcourse , I'll have a bar review course degree of regularity. days following the "Maxxacre." Held, Blanc, The Penciliar Abduction Cases, and related materials. If you sign up for For example, I had told him that I like Management level personnel iIiFood Lion .J5 WM. &M. L.REv. 543 (1992) (arguing the course before Oct. 15, you'll receive a to sleep in. By negative implication, are held vicariously liable in an action that under Virginia law erasing an free viewing.of The Lorax and a one-year (upon graduation you too can throw brought by the Whoville Food and Drug animated figure constitutes kidnapping subsciption to The Animated Lawyer. Collect them all! This week: Most Qualified Dean Candidates! More clip 'n' save Marshall-Wythe trading cards

Beavis & Butthead Tim Sullivan Gloria Todd Kyle Short -1.12:....:::::::::::::::::::::::::::=~~~bfu~~~~~~~Ts~~TI3~~~~~~~======~M~0~n~da~y~,~Oct~oberto be published in theAmicus. A is to publicize student opinion of 4,1993 THE AMIcus CuRIAE CHANGE, from page 3 poor response killed the publica- particular teachers. The results BARR, from page 3 WATCH, from page 6 tion of the results, but the idea of the official evaluations are are going to have to study." The was raised again. Vice Presi­ never shared with the students. civil rights violations involved able to copy Court tapes under a lL reps, Pete Schiron, Diane dent Dave Delk (3L) said he There was disagreement, how- intheRodneyKingbeatiog. Barr new order by the Chief Justice. Preston, and Neil Lewis were hoped to improve the response ever, as to whether publication called the decision to reindict (Washington Post). charged with developing a policy. by distributing the SBA ques­ was a good idea. "Why do we the officers "one of the hardest WHY BRITAIN IS TREE­ Also at the meeting, the SBA tionnaire at the same time the have to publish it?" questioned decisions" he had to make as LESS: Outmoded discovery discussed teacher evaluations. official survey is taken at the end Cox, " I think word of mouth is Attorney General. Not only did rules have paralyzed Britain's Last year the SBA attempted an of the semester. pretty efficient. " Gina Love (3L), he worry that the officers would justice system, police claimed. unofficial evaluation which was The purpose of the SBA study added, "People's opinions vary not be able to obtain a fair trial, Judges insist all recordings, con­ so much on the different profes- but he was concerned about forc­ versations and computer records sors, I don't think a survey gives ing the officers to undergo an­ be delivered on paper. In one a very fair impression." other trial related to the same case, paper alone cost Short, however, defended the incident, albeit by a different £2,000,000; in another, docu­ surveys. "This isn't just going to sovereign. ments weighed 45 tons. (Lon­ be an oppo,ctunity to shoot some- Failure to prosecute the of­ don Times). one down. We' re going to try to ficers, however, could have been CRACKDOWN ON WHEEL­ get good information such as perceived by Americans as an CHAIR-THUGS: Ajudgeerred their lecture style, level of stu- unwillingness on the part of the in letting quadriplegic Denny dent involvement, use of the federal government to take po­ Goff serve half his ten-year drug Socratic method, and other lice brutality seriously, he said. sentence at horne, the Sixth Cir­ ~ U2 things, so people can make an Such a perception could damage cuit said. (National Law Jour­ informed choice." Again, the the reputation of law enforce­ nal). Wheelchair user Kathleen ~ C 1OBl~~""-=-­ board deferred action on the ques- ment agencies nationwide, ac­ Pratt, 92, wasjailedforconstruc­ ~~~~ tion of publication until after cording to Barr. tive littering in Danbury, N.C. review of the survey questions. . Tim Singhel (2L) asked about after failing to remove a tree SBA Social Chair Brooks recent news reports relating to which had fallen into a Patten (2L), received a round of Oliver North's role in the Iran­ neighbor's yard. (USA Today). congratulations for rnasterrnind- Contra affair. While he was not Retired coffin-maker Fred Wood ing the SBA ' s most active social familiar with any recent revela­ was convicted of "being drunk calendar in recent memory. The tions about North's role in Iran­ in charge of .a carriage" when Bar Review series is drawing an Contra, Barr stated that he "did Sussex, England, police found average of 200 students a night. not like what Ollie North did" him asleep in his wheelchair. Plans are firm for the next five and thought that, on balance, the (London Times). weekly events. episode was harmful to govern- BASINGER FOILED: Kim Fall From Grace will be held ment as an institution. "Not to Basinger cannot declare bank­ on Friday, Oct. 16, from 8 p.m . say that (North and other lran­ ruptcy and must pay creditors to 1 a.m. in the Campus Center Contra participants] had corrupt 110 percent, said L.A. bank­ Ballroom. Tickets for the party motives for doing it," Barr ruptcy judge Geraldine Mund. p------~------~ went on sale last week, and are quickly added. Rather, "they Basinger owes the producer of I liJl- I DIll I $10 before Fall Break, $12 after had lofty motives." "Boxing Helena" $8,100,000 in I ~:' I !Mi I breakand$15atthedoor. Patten The event was sponsored by damages. (Daily Press). I 99 99 stressed that dates are purely the Republican Law Students, MINI-TRIALS: Federaljudges I $11 : $7 : optional. "This is a totally non- the Federalist Society, and the cannot require non-binding I date function," she said, adding M-WDemocrats. Clayton,presi­ mini-trials, the Sixth Circuit 2 OF YOUR FAVORITE 12· II GET A MEDIUM 1 TOPPING II "A lot of people think they can't dent of the M-W Democrats, said. (Wall Street Journal). I DOMINO'S SUPER SUBS. 2 PIZZA AND 2 FREE 12oz. corne because they don't have a explained their co-sponsorship. I BAGS OF EAGLEo CHIPS. & 2 12 I SERVINGS OF COCA-COLAo I BUGGING A WHOLE CITY: OZ. SERVINGS OF COCA-COLAo I CLASSIC OR DIET COKEo I date, and that is just not the " 1 admire [Barr]; after all, A defense contractor hopes to I CLASSIC OR DIET COKEo -===..;:;.:.:..:=:....;:;.;=~ case." Brewster agreed, "Last this is the guy that's responsible install thousands of listening V anJ a~~. -.."tlNl:.Ny !'f~.,.) 14 ~ ocr.er ~ l f~ I V.! td . ".-t>C".,."..~«I.,,! Hd "" 1 4 ~!b .,,.~ ~ff er I J'r l ~ " rrwy "rt .:\dtom« p.ys u..d 10: wtwroe .,b .tIk ~th..-y n .: I .mI1ed "' ~uf("'"" (;v

THE AMIcus CURIAE News Briefs Monday, October 4,1993 13

California State Senator Tom Hayden to Speak at W &M Pub Council Review Committee Appointments Announced California State Senator Tom Hayden, who first came to national prominence in President Timothy Sullivan announced the remaining appointments to the the early 1960s as a leader of Students for a Democratic Society (SDS), will speak at committee charged with the task of reviewing the bylaws of the Publications Council Phi Beta Kappa Hall Oct. 18 at 7 p.m. The lecture is sponsored by the William and this week. In addition to Committee Chair Government Professor Jack Edwards and Mary Law School Speakers Forum. Committee Counsel Professor Rod Smolla, the committee will consist of Director of While a student at the Unh'ersity of Michigan, Hayden drafted the SDS Port Huron University Relations and '92-93 Publications Council Chair Ray Betzner, Kerri Statement, a seminal docurnentofthatera which captured the intellectual underpinnings Gilmore (2L), English Professor Richard Lowry, and undergraduates Melinda Seeds, of many of the social movements of the 1960s. Hayden then gained notoriety as a civil and Andrew Zawacki. Ken Smith, Associate Vice President of Student Affairs, will rights activist in the South, a community organizer in the Northeast, and as a leader staff the committee. Smith, who attended a number of conferences over the summer in the pposition to the Vietnam War. He played a key role in arranging the first which addressed the difficult balance between offensive speech and freedom of release of American prisoners of war by the North ietnamese in 1967 as well as in speech, will prepare information for the committee's deliberations. major anti-war protests of the time. The Committee will address the many issues raised following publication of the A leader in organizing the 1968 protests in Chicago during the Democratic "Mighty Whitie" cartoon in The Pillory last spring. Individual members of the Convention. Hayden was one of the infamous "Chicago Eight" on trial for his part in committee will work toward developing information about the scope ofthe Publication th se riots. His trial and convi tion, which was overturned on appeaL gained world­ Council' s jurisdiction. According to Edwards, the committee also will contact other wide attention and became a symbol for the s hism in American society. colleges to di over how they are addressing similar problems. Edwards cautioned Hayden entered politics in California in the 1970s and rose to prominence as a that he was unsure of how much guidance other colleges could impart to the national leader in the environmental movement and in opposition to nuclear power. committee. "Everyone is wrestling with these problems," he said. He and a tress-v"ife Jane Fonda were dubbed the "Mork and Mindy" ofthe environmental The Review Committee will hold its first public hearing Oct. 14 at 4 p.m. in ~oo m movement for their nationally publicized speaking tours and protest rallies of the late 37, Morton Hall. All interested persons are invited to attend and share their opinions. 1970s and early 1980s. Since 1982. Hayden has served in the California Legislature Edwards stated that there would be no limitations on the subject matter of the hearing, as as emblyman and senator from the Los Angeles area. but time limitations might be necessary depending upon the number of people wishing --Scott Drabenstadt to speak.

Moot Court Board announces Bushrod Winners Fall from Grace The following second-year students won a place on the '93-94 Moot Court Bar:- The SBA' s annual fall formal will be held in the Campus Center Ballroom on Oct. Ted Atkinson Walter Benzija Dale Betterton 16. The event features food, an open bar, and music by "The Press." Tickets are $10 Susan R. Blackman Erin Brewster Edward Efkeman per person ifbought before fall break, $12 per person if bought between Oct. 12 and Julie Elliott Chris Fields Russell Foster 15. and $15 per person at the door. SBA Secretary Erin Brewster (2L) emphasized Margaret Hardy Scott D. Helsel Barbara Hundley that single people should not feel awkward about attending the event. "Fall from Laura D. Hunt Anita Hunter Robert R. Kaplan, Jr. Grace is not a date thing," she said. Brian Knight Gretchen L. Knoblauch Jeanne LoCascio Erin Ma son Douglas E. Miller Kevin Miner Computer Lab to offer classes William 1. Mit hell Steve Otero Lori Petruzzelli The W &M Computer Center will begin classes for law students on the best use of Jeremy Phillips Bill Pincus Theresa 1. Pulley WordPerfe t 5.1 for job search and other applications. Software functions such as Jeffrey Regner Joshua Sacks Leslie Sides merging files, converting LEXIS and WESTLA W addresses, and graphics and font Duane R. Smith King Tower applications for resum 's will be featured. The Lab will also offer classes in P-Mail Moot Court Bar Alternates for next year are Matthew 1. Missonette, Gregory James for students wishing to save on postage with friends and families around the world. and Christopher C. White. Interested students should sign up at the Law Library Circulation Desk.

the rest of the world in terms of equality productive peacetime defense spending business with a healthy, efficient work WHO CARES?, from page 9 of opportunity, standard of Ih,ing, and as enhancing the technological force at the lowest possible cost, while at fundamental human rights. If universal competitiveness of American industry, the same time eradicating a horrifying are37 million people, including 10 million health care costs more in the short run, I but grumble about cost when we have an and disgraceful litany of social evils. If hddren, who have no health coverage, am unconcerned. Any extra cost that is opportunity to remove an enormous President Clinton has fudged the numbers mu h less the many millions with incurred is an investment in our collecti\'e millstone from the neck of the American along the way, who cares. At least he's inadequate coverage. future and our national pride. That we people is mind-boggling. What we are doing something positive to effect a goal We belie\'e that we set an example for can rationalize trillions of dollars of non- talking about is providing American that we can all agree is laudable.

THE TRADITION CONTINUES

Grocery & Deli 229-3057 EAT REAL Healthy Food at Sensible Prices . Subs . Groceries LI~cby ()ct. Ci: Agellts ()f (;000 Voot TUiOOClY ()ct. 12:: Illimilt II\ClI"ITKJ . Homemade Salads TUlesciClY ()ct. lc):: TUIIlcll"ca 212 Free Delivery 3to8p.m. Hours: Mon.to Sat. 10a.m.to 8 .m., Sun. 11:30a.m.to 5 .m 20% Discount On Food For Grad Students

r.' • THE AMICUS CURIAE Arts & Entertainment Monday, October 4,1993 14

Cinema Cynicism Same verdict awarded to Woody Allen, Macaulay Culkin

By STEVE YOUNGKIN The story is a standard shooti~g the neighborhood dog stars and the director Joseph effectively. The climax is This week 's movies are a from Hell" tale in which to causing a near fatal highway Rubin (Sleeping with the especially well executed by couple of surprises. The first the hero confronts a brilliant accident. Even though Henry Enemy). Culkin takes his altering the pace in a blink of an looked tacky and stupid but is psychopath who convinces the claims that he is merely "having character from Home .Alone and eye to a knuckle-gnav,'ing actually quite well made, and world that he is innocent and fun," Mark is horrified. He exploits it to maximum effect. conclusion. the other is a light comedy, tbe hero is the troublemaker. In begins to realize that Henry is The role requires an actor who Granted the movie is just produced during a dark period this case the psychopath is more thanjust rambunctious: he looks so sweet that the audience another chapter in a genre in the filmmaker's life. played by Macaulay Culkin and is cold-bloodily evil. believes the adults would refuse initiated by FatalAttraction and These are the type ofsurPrises the hero by Elijah Wood. Wood As in all of the " ___ to accept his evil nature. Culkin continued through The Hand that I most enjoy because both of portrays Mark Evans, a young from Hell" stories, Mark is pulls off that feat with chilling that Rocks the Cradle, Unlawful these movies turned out so boy who is sent to live with his unable to convince anyone else precision. Entry, Cape Fear, Single White unexpectedly well. aunt and uncle after his mother of Henry's true nature. Matters The mo\ie would never have Female and The Temp. But The The Good Son: This movie dies. He is befriended by Henry are further complicated when worked without Rubin as its Good Son is executed with such proves that you can't always (Culkin). Together they pull Henry starts to persuade everyone director. Rubin times major precision and skill that it proves believe in advertising. From the normal young-boy pranks-­ that it is really Mark who is the scenes just close enough together there is still life left in this genre. commercials I expected a breaking windows and teasing troublemaker. As a result, Mark to keep the audience from being Verdict: 7-2 in favor. predictable, boring and inane Henry's kid sister (Culkin's real­ is forced to defend his innocence bored but far enough apart to Manhattan Murder Mystery: movie. Surprisingly, that's not life sister, Quinn Culkin). while trying to stop Henry from allow for story development. He It's nice to know that the darkest the case. All the predictable Soon Henry's pranks start to going any further. also manages to switch between parts are involving, clever and become a lot more deadly and Credit for the quality of the slow buildups to disaster and See, CINEMA, page 17 suspenseful. sinister. They range from movie goes tf'. the two young startling sudden action "Exceptional" Depeche Mode show featured real instruments By MARK A. DONALD "Personal Jesus." contributed to the futuristic other-worldly Although ex-Smiths guitarist Johnny Depeche Mode brought their Back from the 1990s Violator tour feeling of this exceptional show. Marr played the harmonica for the studio 'Devotional" tour to the Hampton was the use of projection screens behind Opening the show was the British tracks, the touring stand-in was actually Coliseum Sept. 27. the band, but a new addition was the use soul-pop group The The led by singer­ the driving force behind The The's Touring in support oftheir 11 th album, of full motion projections on the faces of songwriter Matt Johnson. The The belted excellent performance which also featured Songs of Faith and Devotion, the the riser cubes themselves. As always, out almost every song from their new two hi ts from The The's biggest hit album traditionally synth-centered quartet the lighting was incredible and greatly album Dusk. Infected. retained its ultra-modem sound with a • few new twists. IS Following a special effects Abondanza! Guiseppe's molto buono! thunderstorm bass demonstration, which By JANET BRECKENRIDGE What was brought to our table was a 1991 personally liked, and everyone found at proved that the Mode sound system would As some of you may recall, last fall I bottle of the aforementioned wine. I was least one ofthe three items to be enjoyable. pack its usual volume (and feell), the brought three gen-u-ine I-talians to a little peeved about this--having the Then came the real treats! Tara Flynn group opened the set with "Higher Love," Ristorante Primo to give it a try. extensive knowledge of wines that I do. (I (3L), our Irish contingent, ordered the delivered entirely behind the diaphanous What we experienced was pretty good did go on the Robert Mondovi winery tour Pizziola shrimp, (shrimp sauteed ~ith drapes covering the stage. The drapes fell food that was overpriced, and an owner/ when I was in California a few years ago). fresh tomatoes, capers and fresh oregano for the next number, "Policy of Truth" hostess who appeared to believe that the I believe that 1989 was a good year for with a garlic wine sauce over caPelli) from the 1990 hit album Violator. quickest way to endear herself to patrons merlot, and 1991 was not such a good which she deemed excellent withjust the Tt1e show heavily featured tunes from is to insult them. (Or perhaps she just year. I felt like they should have at least right amount of garlic so as not to Songs and I 'iolator, as well as the ethereal didn't like our stinkin' looks.) informed us that the wine would be a overpower the other flavors of the dish. J/usic for the }.,fasses album, along with Knowing (from rumor. of course) that different year from that listed on the Judy Conti (3L), part of the original I­ a few Mode classics like "Fly on the Primo had pre\-;ously been owned and menu when we ordered it. Considering talian three, declared that the dish had Windscreen, ' "Stripped," "Question of operated by both the friendly hostess we that this is my biggest compliant, "no big not nearly enough garlic in it, but this is Lust." and the traditional finale, encountered and the owner of Guiseppe' s, whoop." to be expected. (Refer to Primo review - "EveI)thing Counts." during which the we thought it would be only fair to giYe We next sampled a variety of "You can never have too much garlic!") crowd eagerly chanted back the band's Guiseppe's a formal testing. Well here appetizers, most notably the calamari. Andrea Masciale had the artichoke, nihilist mantra, "The grabbing hands grab goes. Since I was so disappointed with the zucchini and shrimp pizza ($4.95). The all they canlEverything counts in large First of all, the owner of Guiseppe's calamari at Primo, I was delighted when pizza was a white pizza, which means it amounts." had a much different attitude concerning I tried it at Guiseppe' s. The calamari was does not corne with sauce, and Andrea Most of the show featured the the best way to interact with his patrons­ very tender and was not rubbery or tasteless found it to be a little bland without it. traditional Mode set with keyboardists -he'squiteFRlENDLY, obsequiouseven. in the least. It was served in a tomato After getting a side order of sauce (S.50), Andrew Fletcher, Alan Wilder, and I have been to Guiseppe' s several times sauce, and was a fairly large portion for she found the pizza to be much more songwriter Martin Gore atop risers, with and he has never failed to make insipid S3 .95. appetizing. She did tell me later that formerly clean cut, but now Manson­ conversation with my party. Fortunately, Another big hit at our table was the when she finished the leftovers much esque Singer David Gahan, strutting. he also works along side all of his lentil soup (S2.50) which Andrea Masciale later that evening, she was so full that she spinning, and grabbing himself on the employees and is really too busy to hang (3L) ordered. Many at the table thought couldn't eat for the nex1 day or so. But, floor below. around for any substantial amount of the soup was great, although it had a very she said she would do it again. So, try it New to the show was the addition of time. strong caraway taste to it, which I didn't at your own risk! gospel-type backup singers for the more At any rate, the food is so good, and so particularly care for. We also passed Judy chose the Chicken Antonio soulful numbers from Songs such as reasonably priced, I think I would tolerate around the Appetizer Sampler (S4.75) ($7.95) which is chicken with spring "Condemnation," as well as Wilder being insulted by the owner while eating which consisted of cheese-and-capers­ onions in roasted pepper pesto sauce pla);ng an actual drum set for a few there. filled pasta shells, phyllo filled with ricotta numbers. Gore's now familiar guitar was First off, we ordered a bottle of 1989 and prosciutto and crabmeat ravioli. The See BUONO, page 18 back for a few songs including the smash Walnut Crest merlot from Chile (S I 0.95). least popular was the phyllo, which I Monday, October .t, 1993 THE A\fI l,;S CURIAE 15 It's Only Rock & Roll Reviewer phinds Phish and Phrenchmen worth the listen B~' BILL MADIGAN better produced than their earlier albums. bluegrass influences, but with a distinct Overall, the songs are built around a As a renaissance man of music, For starters, the album cover illustration difference. The title track and "Fast single, driving rifT. Thus, the song decided to expand the musical scope of and interior art is eye-catching in its Enough For You," really lured me into structures aren't very complex, and some the mu ic reviews. The somewhat heavy moodiness and detail. It is one of those this CD. This initial enthusiasm sustained of the longer songs suffer from the lack of metal orientation ofthe previous olumns covers where you can find visual me through some less than exciting cuts. variety. Hm'..-ever, the riffs themselves should not be mistaken for a la k of representations of some of the song titles On balance. Rift is definitely worth a are, on most tracks, masterpieces of musical depth. but only a response to the strewn about. listen. The strong musicianship and restrained aggression. It feels as if at any cries of the masses for more metal. This On the musical side. the CD is a 15- wealth of diverse, yet coordinated moment, the guitarist is going to cut loose time, I have hosen to re\'iew t\\O albums song. 6 -minute opus with cuts ranging influen es was more than enough to get into a scorching solo, but the song remains that could not be further apart in style. from 8 minutes all the way down to 3.t me past that "ph." controlled and relentless. The drums also What they do share in common is that seconds. Overall, the band's sound is Artist: Treponem Pal stand out on must cuts, reflected in my they are both \"'orth a listen. very stripped down consisting of four Title: "Excess & Overdrive" need to play air drums for most of the Artist: Phish guys playing four instruments without Producer: Franz Treichler album. Title: "Rift" effects. Despite this simplicity. all of the Label: Roadrunner Records The use of industrial elements and Producer: Barry Beckett songs have a unique feel to them, and Best Cut: Pushing You Too Far on-the-brink riffs combine to give the Label: Elektra Records even the longer songs never get boring. The Good: There are three songs in ex­ music an eerie, haunting atmosphere, Best Cut: Rift On the negative side, the lyrical cess of seven minutes, and especially on "Pushing You Too Far" and The Good: This musical phishing content is obscure at best and doofy at yet the album still has II "Crimson Garden," two of the seven­ e:\-pedition turned up a good worst. I found myself thinking that some songs on it. plus-minute opuses. "Blow Me Out" is catch. of the songs would be better off as The Bad: The similarity of the song another strong cut, featuring ~ riff The Bad : The lyrics are at times do\',.:n instrumentals. Fortunately. the lyrics on structures and styles makes it reminiscent of Black Sabbath. right doofy. most of the songs don't detract from hard to pick a favorite. Fans of both industrial and metal The Ugly: Spelling fish with a "ph." fascinating instrumental arrangements. The Ugly: Frenchmen playi ng metal. should find something to like in this CD. With this CD, I was really a phish out The songs tend to focus more on the TreponemPalisfivefrenchmenwho It's more accessible than some of the of water. The name of the band alone instruments, with the guitarist at times play an industrial-type metal. Despite purer industrial. Though at times the would have kept me from buying it on my ripping into several minutes of blues citing Ministry in their liner notes, music is a little discordant in its blending own. But despite some initial trepidation, exploration, but Phish' s use ofharmonies Treponem Pal is not industrial in the vein of the two styles, on the whole, the Pals I listened to the music with an open mind. on many cuts doesn' t let you forget the of Ministry or Nine Inch Nails. Instead, pull it off in a way that leaves you saying, I hadn't heard muchPhish; I've been band's vocal talent. they blend industrial elements into songs in the immortal words of poet and told that this album is more polished and The music reflects .both blues and that reflect a more heavy metal orientation. philosopher, Butthead, "This is cool." Poet N ikki Giovanni delivers inspiring lecture on life By CARLA ARCHIE outlawed slavery, not just of plight o[the badger, the spotted Poet Nikki Giovanni spoke Blacks, but all people, induding owl, and the African elephant as before an enraptured crowd at women. Therefore, women endangered species, she asserted W&M' s Trinkle Hall Sept. 30. should not be forced to have that Black men are not an As a verse in one of Giovanni' s babies, she said. They should endangered species because they poems says, "An exceptional instead be allowed the right to are not wild animals. They are. moth is always drawn to an make a decision about their however, under assault. exceptional flame." bodies, and people must learn Moreover, she declared, None to their tolerance for the "things in life people cannot discuss women's disappointment, listeners that are none of our business.' issues, regardless of race, if they attending the lecture, sponsored This is not Nikki on abortion, do not address men's issues by the Student Association and she emphasized, just Nikki on because we share the same space. the Mu Upsilon Chapter of Delta life. Black or White, man or woman, Sigma Theta Sorority, Inc .. Homelessness and we are all human beings. "And experienced the warmth of her unemployment are painful you and I have to know that flame. Giovanni is a writer, topics, said Giovanni, that do because so much has happened poet. journalist. and professor. not go away because people to make us think we are enemies Giovanni emphasized the pretend they do not exist. She of each other. That you and I, in obligations that this generation, reminded the audience that fact, don' t have any1 hing in especially those persons enjoying William and Mary is the floor common. ' the privileges of society. owes to upon which to build personal In an interview granted the underprivileged of the world. success, but that there are those following the lecture, Giovanni Arguing that ignorance below the floor 'who have not reminisced about the late Dr. surrounds us, she noted that the benefitted from the same Martin Luther King, Jr. "Sister," United States is seventeenth in privilege. Higher education is a she asked, "do you remember world literacy. Our educational privilege from which students Dr. King? ... Are you familiar system can ill-afford to be have gained and one they are withhis dream?" Giovanni then arrogant about the nature of obligated to share she said. "We drew an analogy between the services it provides, she said. are asking this generation to March on Washington and an Higher education has an think beyond your own needs . . . uncashed check. Thousands of obligation to enlighten young . If there is something you don't people had gathered that day to m ind s and, a s educated need, give it to somebody. If cash a check written decades individuals, we have an there is something you can save, before, endorsed with labor and obligation to teach others. save some for somebody. Ifthere priceless social contribution. It is important, indeed is some pain you can avoid Today, she notes, there are still civilization requires, she argued, inflicting, try to do that. " people--Black, White, a nd that we honor each other's right T he current condition of the others--who have not received their due. Commit yourselves to to make choices based on the Black M ale also is deeply NikkiGiovannimakesanappearance -Paula Hannaford options available to each of us. dist urbing to Giov anni. loving and sharing, she said; do at at Trinkle Hall The Fourteenth Amendment Although acknowledging the sometbingpositive with your life! THE Al\,llcuS C URIAE Events Calendar Monday, October ~ 1993 16

Monday, Oct. .. Friday, Oct. 15 · Film: "A Tour of Vatican Museums." (53 min.), Muscarelle Museum. 3 p.m. · Opening Reception: ' Architectural Drawings by Sir Christopher Wren" and "5th · Forum: Campus Climate Forum for Graduate Students, Campus Center. 10 a.m. Facultv Show . . Muscarelle Museum, 5:30-7 p.m. · Deadline: E~tries for "American Drawing Biennial IV," Muscarelle Museum. Tuesday, Oct. 5 • MPRE: MPRE Applications must be filed. Available from Lizbeth Jackson. · Amicus Curiae: Staff Meeting. Paul's DeIly. 6:00 p.m. · Music: Luna hicks. Nsect Club. Hampton · You Desen'e A Break Toda~' ! Ray Kroc. founder ofM Donald's (1905). Child's Play. Bayou. Washington D.C. • Music: Agents of Good Roots. Green Leafe The Ocean Blue. Boathouse. orfolk The Samples. Ba)ou. Washington D.C. · Pla~' : "Guys and Dolls." W&M Theater. PBK Hall, 8 p.m .. Tickets $7 · A Very Good Car Salesman: Lee Iacocca born 19H Wednesday, Oct. 6 · SBA: Lunch 'with Dean. 12:"'0 p.m. Saturda~' , Oct. 16 · SBA: Meeting. Rm. 11 9.6 p.m. . . SBA: "Fall From Grace:' Campus Center. Music by The Press. 8 p.m. · OCPP: Careers \\ith Army JAG. Rm . 119.3 and ~ p.m. · Men's Soccer: v. George Mason. Busch Field. 7:30 p.m. · Rec Sports: Flag Football Entries Open. Rec Center, 1-5 p. m. · Play: "Guys and Dolls:' W&M Theater. PBK HaiL 8 p.m. Tickets $7 · Music: Blue Runners. Nsect Club. Hampton · The End of the Pri\'~' : Boston Hotel gets first indoor plumbing (1869) The Samples, Bayou. Washington D.C. · Music: The Other People & Dave Matthews Band, Lake Matoaka, 8 p.m. Cracker. Boathouse. Norfolk Thursday, Oct. 7 • SBA Bar Review: The Sportsman's Grill, 7 p.m. Sunday, Oct. 17 · Rec Sports: Flag Football Entries Close. Rec Center. 1-5 p.m. · Film: "Masterpieces of the Met." (55 min.), Muscarelle Museum, 3 p.m. · Play: "Guys and Dolls," W&M Theater, PBK Hall, 8 p.m., Tickets $7 · Pla~' : "Guys and Dolls," W&M Theater, PBK Hall, 2 p.m., Tickets $7 · Forum: Campus Climate Forum for Graduate Students, Campus Center, 10 a.m. · Birthday: Arthur Miller, pla)'\vright, The Crucible, Death ofa Salesman (1915) • Music: Egypt and Johnny Quest, Bayou, Washington D.C. · Chalk one up for the good guys! AI Capone sentenced to II years for tax evasion (1931 ) Friday, Oct. 8 • Play: "Guys and Dolls," W&M Theater PBK Hall, 8 p.m. , Tickets $7 Monday, Oct. 18 · Birthday: Frank Herbert author of Dune (1920) · Speaker: California Senator Tom Hayden, PBK Hall, 7 p.m., sponsored by Law · Oops! Mrs. O 'leary's cow kicks over lantern, starts Great Fire of Chicago (1871) School Speakers Forum • Music: The OJs, Richmond Coliseum · Film: "Masterpieces of the Met," (55 min.), Muscarelle Museum, 3 p.m. · Birthday: Chuck Berry (1926) Saturday, Oct. 9 · Fall Break Begins!!! Tuesday, Oct. 19 • Play: 'Guys and Dolls," W&M Theater, PBK Hall 8 p.m., Tickets $7 · Music: Tundra 212, Green Leafe, 9 p.m. · Early Bird Gets the Worm but not the Credit! LeifEricson discovers "Vinland" (New England) 492 years before Columbus (1000 A.D.) Wednesday, Oct. 20 • Music: Jeff Heally Band, Boathouse, Norfolk · Amicus Curiae: Deadline for Oct. 25 issue, 5 p.m. · Lecture: Thad A. Tate "Jefferson, Madison, and Monroe: Three Founding Fathers Sunda.y, Oct. 10 at Home," Muscarelle Museum, 5:15 p.m. · Museum Tour: Sunday Tour of Museum Collection, Muscarelle Museum, 3 p.m. • Wren Building made possible: Sir Christopher Wren, British architect and W &M · Comedy: Rita Rudner, Chrysler Hall VIP born in 1632. • Precu rsor to Watergate: Vice President Spiro Agnew pleads nolo contendere to tax · "I Have Returned!" MacArthur returns to Phillipines (1944) evasion and resigns (1973) • Music: New Potato Caboose, Bayou, Washington D.C. Thursday, Oct. 21 · SBA Bar Review: Rockin' Robin Monday, Oct. 11 · Dedication: Statue Dedication of W &M VIPs James Blair and Norborne Berkeley, · Holiday: Columbus Day (Observed) in the plaza between Blair and Tyler Halls, 11 :30 a.m. · Birthday: Henry John Heinz (18~~) , founder of prepared foods company · OCPP: Clerkships with the U.S. Court ofInternational Trade, Moot Court, 1 p.m. · Homecoming Weekend Starts!!! Tuesday, Oct. 12 . • Fall Break Ends Friday, Oct. 22 • Debate: 97th District Candidates for Va. General Assembly, George Grayson (D) • Casino Night: Sponsored by Public Service Fund, Law School Lobby, 8 p.m. - and Sid Lanier (R), at the Williamsburg Regional Library, 7 p.m. midnight, Tickets $10 • Birthday: Luciano Pavarotti, (1935), opera tenor • Award Presentation: Cheek Award Presentation, Andrews Hall, 3:30 p.m. · The Real Columbus Day: Columbus arrives in the Bahamas (l~92) · Not a day to celebrate: U.S. National Debt tops $1 trillion (1981) • Temper, temper!! Nikita Khrushchev pounds shoe at U.N. General Assembly • Music: The Back Doors, Peppermeint Beach Club, Virginia Beach • Music: Instant Karma, Green Leafe Radiators with Fling Mice, Bayou, Washington D.C. Saturday, Oct. 23 · Pre-game Barbecue: Sponsored by Moot Court and Law Review, Law School Lawn, Wednesday, Oct. 13 11 a.m. - 1 p.m. , Tickets $8 student, $7 children. • Welcome Back from Fall Break · Homecoming Game: W&M v. Villanova · Concert: W&M Tercentenary Concert featuring "The Ocean Biue," Trinkle Hall, · Birthdays: Johnny Carson, Tonight Show host (1925) 8 p.m., Tickets $5 available at the Main Desk of the Campus Center Michael Crichton, author Jurrasic Park (1942) · A Bridge o,,'er Troubled Waters: Art Garfunkel born 1942 • You've come a long way, baby! 25,000 suffragettes march on N.Y.C. for the right to vote (1915) Thursday, Oct. 14 • Music Judy Bats, Dog Society & more, Peppermint Beach Club, Virginia Beach • SBA Bar Review: Comer Pocket, 7 p.m. • Pub Council Review Meeting: Room 37, Morton Hall, 4 p.m. Sunday, Oct. 24 • Play: "Guys and Dolls," W&M Theater, PBK Hall, 8 p.m., Tickets $7 • Film: "National Gallery of Art: A Treasury of Masterpieces, " (50 min.), Muscarelle • Birthday: Lillian Gish, silent film and stage actress (18%) Museum, 3 p.m. • Sonic BOOM! Chuck Yeager makes first supersonic flight at 12,800m, Mach 1.015 · '90s job market foreshadowed: "Black Thursday," Great Depression begins with (1947) the stock market crash of 1929. 17 Monday October~ , 1993 THE A\fiCUS C URIAE ======poem ACROSS frugally CINEMA, from page 14 20 Electrical The World Almanac®Crossword 46 Guido's high unit 1 Cooked in note 21 Scandina- period in a person's life can liquid 49 More vian 7 Baseballer cheerful sometimes lead to happy results. 22 Small Ty- 51 Kind of salmon Last year, during the Mia F arrm·v­ 11 King of the power 23 Egg cell 53 Brightly Huns 24 Active Soon Ye controversy, Woody shining 12 Actor Hum- 26 Direction Allen was filming this comedy­ phrey - 54 Diminish 27 Aware of 55 Eye mystery. The happy results are 14 Spool (2 wds.) 15 Phonograph infection that not only is this his first pure 28 Gaa for inventor 56 Puzzling signs comedy in I - years. but it ' s also 16 Wide shoe situation 30 Of grades size a reunion with his best leading 1-12 17 Creme- DOWN 32 Residue lady, Diane Keaton (who took - creme 34 Quick lunch over the role originally meant 19 Sleeveless 1 Baseballer place garment Ruth 39 Milk cattle for Farrm\"). 20 Cavity 2 Sioux Indian farm Allen and Keaton play Larry 22 - Hall (D&- 3 Let -- 40 Vital organ trait arena) (Beatles and Carol Lipton, a successful 41 Business' 2S Extinct bird album) woman - married couple who have grown 26 Long time 4 Women 's Lauder complacent with their lives. 29 Seed 42 Vetch 31 Board 5 Ignore 43 Many Their normal routines are altered aircraft 6 Inhabitants 44 Future at- unexpectedly when a next door 33 Promoter of Denmarit tys.' exam 35 Basil-and- 7 Food fish 46 AUltralian neighbor' s wife dies of a garlic sauce 8 Gothic arch birds coronary. Carol and her friend 36 Peg - - 9 Infamous 47 Parasites Heart 10 Sis's Ted (Alan Aida) are convinced 48 Genus of 37 Bali- siblings maples that all is not what it seems and 38 - jacket 12 Ughting 50 Rather than 39 Drainage device (poet.) she starts to investigate, channels 13 Powerful (c) 1992 by NEA. Inc. 52 Asian wom- determined to prove that the 42 - explosive en's husband (Jerry Adler) actually Fitzgerald (abbr.) quarters 45 Uses 18 Nonsense murdered his wife. The story spoofs mystery thrillers while simultaneously packing its own thrill. The '94 Graduates mystery is a combination of Vertigo Double Indemnity and The Third M an and contains knowing references to all three. The solution is complicated enough to keep the audience guessing while not being so overly complex that it completely loses them. After the past 15 years of movies trying to make a statement or trying to be artistic, it 's nice to see that Allen can still do a movie that aims only to make the audience laugh. It's filled with typical Allen lines. For example, when Keaton comments that they might be living ne:\.1 door to a murderer, Allen responds that, after all, "New York is a melting pot." Pick-up the '94 BARIBRI DIGEST* It's also good to see Keaton and Allen together again. They have such a comfortable from your BARIBRI Reps - camaraderie that you wonder why it it took so long for them to get back together--it's been 16 years since their last movie, Fred Jacob, Megan Kelly Annie Hall. It is possible that Allen may be past his prime as a comic & Toni Randall filmmaker. As good as this is, it contains none of the anarchic energy of classics like Sleeper, Bananas or Love and Death. It * Filing Deadlines & Bar Admission Requirements also doesn't feel as polished as Annie Hal/. For All States Unlike Mel Brooks, though, Allen still knows how to tell a very funny story. After weeks of mishandled {j5J((f]ubrl movies and amateurish story telling, a good Woody Allen Bar Review movie can still make up for all of the rest. (800) 876-3086 Verdict: 7-2 in favor. THE AMIcus CuRIAE sports ~onday,~ober4,1993 18

A Duck Out of Water Sports editor needed fast: Virginia fans need not apply By ALAN DUCKWORTH West in the first issue and I am Defense: Toronto starts two when a fan ran out on the field, think FSU will win by two Wanted: An editor who standing by that prediction. The former Gold Glove winners, causing time to be ca11ed while a touchdowns, because ifthe game know"S art)'1hing about sports. ~y Giants play their last four games Devon White and Robby Alomar. Yankee was making his final out is close, they will probably find a current editors, as well . at Dodger Stadium and this is Chicago has one former Gold of the game. The out was way to lose. intentioned as they may be, are Tommy Lasorcla 's chance for Glove winner in Robin Ventura. disallowed and the Yankees ********** stupid. revenge against the Giants. The rest of Chicago' s defense, eventually won the game. The PRO FOOTBALL .. . Part 2 of This will really fill out Here is a quick preview of the however, is stronger than fan, a 15-year-old boy, was the Willie Roaffor Rookie of the ---..... someone's resume. Please drop American League Champion­ Toronto's. Chicagojusthasmore widely praised in the New York Year quest. It is about time that applications with a list of your ship Series between the Chicago team speed on defense. Slight media. The kid breaks the law offensive lineman got some favorite sports and teams in my White Sox and the Toronto Blue Edge to Chicago. and damages the integrity of the recognition. This off-season, hanging file. Include a short Jays. Managers: Cito Gaston has game, and he is praised. As a they got the money, but, without writing sample on one of the Pitching: The White Sox, the experience. He pushed all result, many other fans ran onto any stats to point to, recognition following topics: who should with Jack McDowell. Alex the right buttons last year and the field during that series with is hard. At this point in the win either the AL or NL MVP, Fernandez, Jason Bere, and Tim showeq good discipline by not Boston. season, Willie Roaf is the best which college football team will Belcher, have the best starting losing control this year whe'n the Outside of New York, this rookie in the league, helping to win the National title (picking pitching staffoutside of Atlanta. Blue Jays played down to the season will be remembered as an make New Orleans one of the UV A will automatically Toronto's Dave Stewart has level of competition. Chicago's exciting and special year, with biggest surprises in the league. disqualify you), or who will be gotten hot looking like the Gene Lamont is similarly a very two players flirting with .400, What is wrong with the the next champion of the World pitcher he used to be. Juan good manager, but lacks Cito's the Braves incredible comeback, Houston Oilers? This team has Wrestling Federation. Well let s Guzman and Pat Hentgen have big game experience. Slight the last seasons of Nolan Ryan, too much talent to be this bad. start our tour of the world of good win-loss records, but that Edge to Toronto. Carlton Fisk, and George Brett, And yet they are this bad. They sports with baseball. is less a result of good pitching The series looks to be very as well as many other great lost convincingly to the Rams. I ********** than ofgreat run support. Strong even. Given that, I pick Chicago, moments. It is sad that in New think that owner Bud Adams BASEBALL .. . Well, only one Edge to Chicago. because Frank Thomas, ina close York, this season will best be should give up on this team and pennant race remains: the NL Hitting: Toronto s offense is series, wi ll make the difference. known for firecrackers, bleach, start over. West. By the time this issue awesome. The team has three I predict Chicago in six games. and fans believing that a ticket On an up-note, let's look at comes out, the outcome will legitimate MVP candidates in For many years the eyes of gives them the right to involve the return of Boomer Esiason. already be decided. John Olerud, Paul Moliter, and baseball have been on New York. themselves in the game. The man almost retired during This race should go down to Joe Carter. Five players have They have remained there this ********** the off-season when he found the very end, since the Braves scored over 100 runs and three year, but for all the wrong COLLEGE FOOTBALL •.. out that his son was seriously ill. and Giants are both great teams. have over 100 RBIs. Even if reasons. The Mess. whoops the This sport is beginning to look He had just finished his second This will be the last year in history Ricky Henderson does not get Mets. are the worst team in like hockey. Five schools from consecutive bad season where he when a team wins 100 or more himself together, this offense is baseball. But they are not lovable the sainted ACC engaged in was benched at the end of the games and fails to make the play­ incredible. Chicago has the best losers. Bleach and firecrackers bench-clearing brawls in the season in favor of a rookie and offs. pure hitter in baseball in Frank made more headlines than wins same weekend. Ne:-."t thing you was traded for next to nothing to While I am excited about the Thomas. Unfortunately, the and homeruns. Not a s know, the Army-Navy game will the New York Jets. So far he has new play-off format that is quality drops sharply after him. embarrassing, but close. has been be a war, literally. passed for over 1,000 yards in starting next year, I will miss the Don't get me wrong. The White the behavior of Yankees fans. I can't ignore the Miami­ three games and looks like the dramatic pennant races which Sox have other good hitters, like This year, Yankee fans have FSU game. The question is can Boomer of old, maybe better. It these rules created, where one of Tim Raines and Robin Ventura. directly affected the outcomes of FSU avoid finding a way to lose would be great to see a nice guy the best two teams in baseball But no one else rises to the level two games. to Miami? I think that this may finish first. will not make post-season play. ofstar like Thomas. Strong Edge The second of these games be the year that they can do just Well, that's a wrap. See you I picked the Braves to win the to Toronto. occurred a couple of weeks ago that. FSU has talent to bum. I next issue.

with black bean sauce and monterey jack who might want to share a dessert and Ifyo u hayen . t eaten at Guiseppe' s and BUONO, from page 14 cheese. I had tasted this before, and opportunistically eat more than one half. you decide to try it, we suggest that you remembered the bean sauce to be more Overall, we were very pleased with wear loose-fitting clothing and not have served on linguine which she found to be spicy and prefer it that way, but stilI-­ our trip to Guiseppe's and would any strenuous activity planned after wonderful. Lisa McGuinn (3 L) selected what a bargain--- bucks for two meals! recommend it oyer Primo any1ime. dinner. Ciao! the Touredos Saducci ($12.95). consisting We completed our dining experience of two petite tenderloin steaks pan fried with dessert. Andrea had the cannoli .------~ with mushrooms, scallions. tomatoes and ($2.50 for one) to compare to the Primo THE ANIMALS NEED Italian sausage in wine sauce over cannoli which she had found to be fettuccine. She said this was the perfect inadequate. Andrea basically felt that meat-and-potatoes kind of meal. The Guiseppe' s cannoli kicks Primo's YOUR HELP! steak was very tender and rare, and the cannoli 's butt! She said that she believed Yes, I want to be a member of ASAW Yes, I want to volunteer. combination of all the different flavors that the entire dessert to be homemade. Membership Levels: Preferred kind of work: ____ and it overwhelmingly met with her worked very well. Trustee $500-$1000 Leanne Cusumano (3L) had the approval. Leanne and Lisa split the Protector $200 Name: Ravioli Santelini ($6.95), which turned cheesecake ($2.50), which they said was Patron $100 Address: out to be the most coveted dish of the light and tasty, not too heavy. Judy, Tara Participant $20 table. at least by me. This dish consists of and I all had the tira misu ($3 .95). Judy Make Checks payable to: Phone: jumbo pasta shells filled with cheese and and I agreed that this was the only dish served with roasted peppers and spring that we enjoyed more at Primo's but it The Animal Shelter Association of Williamsburg onions in a vodka tomato sauce. Very was still very good. Also, the waitperson simple, yet very tasty. was kind enough to serve desserts·that we P.O Box 3712, Williamsburg, VA 231 87-3712 I ordered the Fettuccine New Mexico chose to split on two separate plates. Of Donations are tax deductible ($4.95) which is chili fettucini topped course this would thwart many of you ~------. Monday', Oc:tober ~, 1993 THE AMIcus CURIAE =;:======19 AmICUS computer-ltke-rdhklngs Delk blows call: fair, foul, fair, equals fair, not foul By BILL MADIGAN show up. The Trouncers have been paced intramural title in the post-season. for their less-than-spectacularplay on the SOFTBALL . .. You make the call: this season by the stellar defense ofBrooks The Litigators bump into the number court. Being confused by the basketball Batter hits a little dinger that rolls up the Robinson clone, Matt "Turn Your Head two spot after going undefeated in the nets positioned on the ends of the third base line. It first hits infairterritory, And" Hoffman, and the explosive offense first half of the season. Despite being 3- volleyball courts, Ease has found that its then rolls into foul territory, and then of Bill Brick "A-Brack." The Trouncers 0, Lawmen & Youngsters hovers in the full court press and three-point shooting rolls back into fair territory, all before have high hopes for the playoffs, counting number three spot, because they are not a has not been all that successful in the reaching third base. Is it a fair ball or does on a couple of post-season no-shows to pure-bred M-W team, but have some volleyball context. Dave "Afraid Of The" Delk not know the carry them straight to the championship. unaffiliated "youngsters" tarnishing the ************ rules? For the answer, stay tuned, but in The Regal Legals plummet to number pride ofM-W sports. In their latest game, NEXT TIME ••. We'll have softball the meantime, I present for your 5 after a spanking at the hands of fellow they busted the Crack Heads in three-sets. playoffs highlights, as well as a regular edification and embarrassment, the last M-W's, the Co-Trouncers, in week three. At number four are the 1-1 Tortfeasors. season wrap-up ofvolleyball. Also, indoor regular season softball poll: They finished the season at a respectable After a first week black eye courtesy of soccer starts next week, and we'll have I. Crimes Against Nature 3-1, after flogging Make Shift Genitalia What A Set!, the Feasors rebounded in scores and more for that in the coming 2. Como Los Nii'los 19-2 in the season's final week. game two in which they spika' d Pika, 2- weeks. Sign-ups for flag football open 3. Co-Trouncers In the number six spot is the only M­ 1. Occupying the basement is Legal Oct. 6, so now is the time to be getting ~. Trouncers W team that doesn't have a winning Ease, whose 1-2 record is a thin disguise your draft picks signed. 5. Regal Legals record. Cruel and Unusual Punishment 6. Cruel And Unusual Punishment finished the season at 2-2. In week three, Despite a report from the team's they canceled But The Ads, 10-7. After designated cup holder, Ken "Doll" Dodds, four flawless innings on defense and telling me to "Get a clue!" and a team leading 10-0, Punishment nearly grabbed captain who could benefit from opening defeat from the jaws of victory by letting Ami:;U8 :Julis~ up the rule book once in a while, I decided Ads score seven runs in the top of the to rank Crimes Against Nature number fifth. But Punishment held on behind the one anyway. Contrary to my gloomy solid fielding of "Off The" Mark Peritz TU~2b£'{~ 001. C predictions, Crimes are currently 3-0 in and Carl "Eight Is E" Neff. the usually tough frat division. So far, And now for the answer to our trivia they've downed Kappa Sig, SAE, and question, Dave "Afraid Of The" Delk 0:00 q.m.~ KA to the tune of36-18. Their final game does not know the rules of baseball, as he was against Lambda Chi, but was a late made an, at best, erroneous, at worst game, and so the score was unavailable. ludicrous, call in Punishment's final q£uI~2 a~Ii Nature looks primed to recapture the M­ game, adding fuel to their funeral pyre. W softball crown, and they may even Though "Afraid" later recanted (after he bring the intramural trophy back to South could tind no one who agreed with him Henry Street. besides some punk-ass under grad referee), Benefitting from the void left by the it was too late to help C & U, who were fall of last week's number one, Como Los struck 16-7 by Thunderbolts. Nii'los ascends to number two. They are Apologies to Terri Bourbon "-ic also currently 3-0 with one late game left Plague" who suffered a career-prolonging The Music to play. They may challenge Crimes in injury in the M-W softball tournament the post-season for the honor of bringing and, because of my negligence in' failing home the championship t-shirts. Co­ to include the gory details, missed out on captain Steve Arner "Palmer" vowed to her one opportunity to get a nickname. sit on the bench for as long as it takes to ************ help his team bring the title home. VOLLEYBALL ... Volleyball season is The Co-Trouncers jump two spots to currently in full-swing, with M-W once Place settle in at number 3. They annihilated again (it happens in every sport) fielding previous number one, Regal Legals, 12- a group of strong teams. Hence, the 4. Captain Neil "Huey" Lewis reported inaugural intramural volleyball poll that, out of the mist obscuring the Rec follows: . Compact Discs Tapes Fields, a mysterious woman known only 1. Repeat Offenders as Sam emerged, and her flawless fielding 2. Litigators and bombastic batting inspired the team 3. Lawmen & Youngsters Movie Rentals to this week two victory. ~. Tortfeasors In game three, the Co-T's re-routed 5. Legal Ease the Re-Re's, 17~, behind the bats of Repeat Offenders are currently 2-1. Kathleen "Mean, Fighting Machine" After a week one triumph, the Offenders We Buy & Sell Killen, Wendy Welter "Skelter", and were pummeled in game two by Bubba's Used CD's Jennie "Fool' s" Goldstein. They rounded Babes. Despite strong play from Wendy out the season by giving the Ed Heads a " Wrath Of' Hahn and "Butt" Ted 24-1 concussion. Despite the admittedly Atkinson, the jump-serving Babes impotent bats of the males (that's what overwhelmed them to the tune of 15-5 THE law school does to you), the offense has and 15-12. The Offenders rebounded in been red hot, outscoring its opponents week three in a sudden death match which 70-12 on the way to a 4-0 season. ended in the decapitation oftheEd Heads. At number four is .the Co-T' smale After splitting two close games with the counterparts, the Trouncers. Their 3-1 Heads, Repeat outlasted them 8-6 in the third set. Led by "Amos And" Andy ~BAND ~ox record in the A-division sounds impressive, until you find out that two of Ollis, whose controversial face bump was the wins were by forfeit. Intimidation banned from Olympic competition, and may have been a factor early in the season, Julie "Pitter" Patterson, who perfected but after their 7-5 loss to Sigma Chi in her technique of cutting the legs out from week three, mercy may better describe the under opponents who go up for spikes, 517 Prince George st. 229-8974 reason their week four opponent did not the Offenders look to challenge for the 20 Monday, October 4,1993 THE AMIcus CURIAE the forum idea is "a grand expanding the scope of BUSHROD from page 1 $$$ from page 1 ACTION from page 1 experiment. " representation on campus. The Admissions Policies challenge is to avoid increasing Virginia Circuit Court, Fourth income is used annually. Sullivan. " For an Equal Ralph Salgado, the Hispanic the representation of one group Judicial Circuit, Norfolk. Judges 1. Heywood Bell received his Opportunity program to work, it student who was denied at the expense of others." for the original rounds included degree from M-W in 1927. His needs presidential support, the admission to M-W last spring Powell added that with members ofthe moot court team, commitment to public service is president's ability to take the despite being admitted to several respect to recruitment of students alumni, and professors. In all, honored on a plaque that hangs lead on these issues. President other high-ranking law schools, from under-represented groups, 75 individuals participated as outside the student lounge. His Sullivan understands that the has not threatened a W&M's status as a state judges for 191 arguments. will provided for the care of his lack of diversity at W&M was an discrimination suit against M- institution justifies a focus on Matt Holloran (3L), chief widow, Jane West Bell, until her impediment to reaching the next W. Nonetheless, the publicity the demographic characteristics justice of the Moot Court Bar, death, at which time the dona­ level of academic prominence. resulting from his allegations of of Virginia rather than on those said that it is a "massive tion was made to M-W. He indicated his willingness to discrimination prompted a of a national applicant pool. undertaking," for which he gives Another donation was made suffer the growing pains." reevaluation of the College's SCHEV will be meeting with much credit to Hartman. Dayid by the estate of Leroy S. Powell, an attorney with admissions policies. college officials from across the Pfefferkorn (3L) was likewjse Bendheim, two-term mayor of experience in constitutional law, Powell met with admissions state later this month to cited for writing this year's Alexandria and three-term Vir­ civil rights and employment personnel several times this disseminate any modifications tournament problem. Miller, ginia state senator. Overy said discrimination, left a similar summer to discuss equal to Virginia's Equal Opportunity Sacks, Jeremy Phillips, Walter Bendheim, who earned his law position as Director of Equal opportunity and affirmative and Affirmative Action Benzija, Bill Pincus and Brian degree from George Washing­ Opportunity and AffirmatiYe action with respect to admissions programs and guidelines. Knight will represent William ton University, established en­ Action at the University ofTulsa. policies. The primary purpose, Free Speech Considerations and Mary in the national dowments of $200,000 each at Among his plans to explore according to Powell, was to The Office of Affirmative tournament. all three Virginia public law campus attitudes, Powell ' is become more familiar with the Actio.n will have to develop new The participants were judged schools, William and Mary, conducting a series of public admissions personnel and to offer strategies to increase awareness on five general categories: University of Virginia and forums for all members of the assistance from his office. of racial and ethnic intolerance, Effectiveness of opening and George Mason University. The university community during the Powell cautioned that the said Powell in response to closing statements, knowledge endowment will award scholar­ next several weeks. The purpose ability of the admissions offices questions about the ramifications of the law, arguments presented, ships ne}\:tfall totalling $10,000 of the forums is to allow from the various schools at W&M of The Pillory cartoon last spring. ability to answer judges ' and will be based on need and individuals to express their to increase recruitment efforts He doubted that pulling the questions, and deference shown within that category, merit. concerns and articulate the issues among under-represented groups funding from recalcitrant by the participant to the court. The fundraising focus of the concerning racial and ethnic will depend in part on the publications was an available Holloran commented, "What Office of Development and tensions on campus. Powell tightening budget for higher option. "The courts have been really matters is did the judges Alumni Affairs this year is to hopes to tap into the existing education in Virginia. very clear about the limits that get their questions answered." raise $200,000, which the Cabell knowledge base at the College to " It will continue to be a public institutions can place on One of the judges in the Foundation will match with generate ideas about how to balancing act with implications speech and content. Although I semifinals, Marc Peritz, pointed $100,000 to establish a chaired successfully implement changes for William and Mary and all the disagree personally with their out that in addition to the professorship, Overy said. Wil­ in the campus climate. colleges in Virginia," explained interpretation, I have to abide by participants' knowledge and liam H. Cabell received the first W&M students received Powell. "With shifting resources those decisions. " application of the law, he has an law degree awarded by Marshall­ notification about the-forums in and times of scarcity, everything Powell noted that the most idea of a "perfect style. " "I want Wythe in 1793. the mail this week. Powell also is on the table." He noted that effective means available for them to have a conversation with The Cabell professorship, is arranging for additional funds are available for the addressing intolerance involve me" when they are presenting which will rotate each year evening meetings for the foreseeable future to launch motivating campus sentiments. their arguments, he said. among faculty, is an opportunity convenience of students unable proactive affirmative action "The best we can do is to make In the aftermath, finalist to retain good junior faculty and to attend because of class program. sure that every group on campus Sacks commented, "J had no to entice outstanding visiting conflicts. Although hoping for The public notoriety of the receives the best guidance and expectations coming in, but I'm scholars to stay at Marshall­ good student turnout at the past year's events at W&M has education possible, that we take happy to make it [to the finals.)" Wythe by providing extra money meetings, Powell admitted that added to statewide efforts to away the excuse that they didn't nnt;1 the" become pndonrec1 reevaluate Virginia Affirmative know the ramifications of their exist anywhere in England. being at home. He recently took Action programs. W &M actions." DRAPER'S, from page 7 Exams are simply taken under nine months to travel through Associate Provost Jean Scott W &M and Community strict conditions. Australia, South East Asia and acknowledged that the State Reaction which to live and study. Sharland said that the job India. Sharland is excited about Council on Higher Education in In past years, some African Sharland mentioned several market in the U.S. is, like En­ the opportunity to see America Virginia (SCHEy) is currently American students at M-W have cultural differences between gland, horrible, but he hopes to and has already planned several examining the state's orientation ex-perienced more discrimination England and America. He was obtain legal work in the United trips. toward student diversity. and harassment from the surprised when a bartender re­ States this summer. Although The application process for "Until very recently, Virginia Williamsburg community and quested proof of age because in he misses his dog Sandy, a the Drapers' Scholarship re­ higher education officials surrounding areas than from the England you can drink ifyou are Golden Lab, who he writes to quires a statement of interest recognized a special, historical immediate college community. 15 or 16 without any questions. along with his parents and from the student, as well as a obligation by the state ofVirginia "Some of that behavior happens The Honor Code was another younger sister, Sharland is an resume, transcript and faculty toward African Americans," she everywhere," responded Powell. recommendations. said. "They are questioning The difference between whether the changing treatment of minorities in D. C. THE CORNER POCKET PRESENTS ••• demographics in Virginia as compared to Williamsburg is A BEER TASTING require broadening the scope of "usually an issue of degree." Affmnative Action to encompass Powell indicated a fEATLAUNG other disadvantaged and under­ willingness to meet with AMERICAN MICROBREWERIES represented etllnic and cultural community leaders, including FR.IDAY, OCT. 8, 6-8p.M. minorities. " the local business community, to Powell characterized point out the important Virginia's approach to equal contributions that the College -NINE DISTINCTIVE BEERS- opportunity issues as focusing makes to the community both on both women and African from an intellectual and an ALONG WITH HORS 0 •OEU\ VB Americans. "Personally, I think economic perspective. He TO COMPLII<1ENT EAG-i STYLE Of Bffll. & ALE it appropriate that Virginia's stressed that the college needs to MAIlf Y