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College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 2012 Not Wythe Standing: The ewN s (Vol. 3, Issue 6) Repository Citation "Not Wythe Standing: The eN ws (Vol. 3, Issue 6)" (2012). Student Newspaper (Amicus, Advocate...). 184. https://scholarship.law.wm.edu/newspapers/184 Copyright c 2012 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers BREAKING NEWS! Volume III, Issue V February 14, 2012 Not Wythe Standing (the News) is looking for new contributors. Submit an article on an issue that interests you and you could be reasonably famous! Our website will soon be updated and moved to a new address - join our Facebook group for announcements and news! Happy Valentine’s Day! By Staff Writers John Alford (2L) Dinner. shells with hearts on them or shells rock- kept in a drawer for decades to come. ing Dale Earnhardt’s signature. Take a No one needs imported ro- spent shell and put a single flower in it, mance. Drop the pasta. Get out of that hell, put a single flower in every barrel on Italian restaurant and get into the kitch- yourFlowers. gun rack. Your sweetheart will love en. A home cooked meal based on your Pink hearts, doves, chocolates.... Dove your festive, decorative touch. momma’s secret fried chicken recipe Chocolates. These are the typical Valen- Not roses you predictable will do the trick. Anything else is, well, tine’s Day treats for the typical hopeless love-struck fool. No frills, just fond mem- offensive. Nobody remembers eating romantic. Let’s get real. If at Red Lobster, but everyone you want to impress your remembers that greasy first sweetheart this Day of Love, kiss. And remember, wine is heed our advice. Drop that for old people. Give your lovah Hallmark card, embrace the a glassLocation. of decent bourbon and place where you live, and toast to Old Dixie. giveDivinity. that special someone a Location, loca- Southern V-day. tion, location. This is every- Anyone who thing. Truck bed, river bank, knows how to correctly pro- beach, screened-in porch, or nounce “pecan” probably even your own living room knows how to make divinity can do, but try to do it your- - more commonly known as self. Spending $150 on some the Southern Candy. If you all-inclusive spa treatment is do not know what it is, then nice, but your loved one will you are already behind in think they are just worth... the count. Look it up. Make well, $150. Make that some- it. They will swoon. Another one feel worth the time and option is the predictable effort. Do not invite them into chocolate. But if you are go- your wallet; invite them into ing this route at least step your home and heart. That is it Shotgunup a notch. Shells Make coconut macaroons ories of drinking sweet tea in grandma’s the Southern way. dipped in chocolate. Yum. garden. Remember to write something Best of luck. – Actually, anything re- worthwhile on the card. The flowers will XOXOXO, lated to guns, but ideallyIn getthis some Edition: pink die, but that special sentiment can be John and M-C page 2 page 3-4 How much control do our bosses really have? Employer Hiring and Firingpages Practices, 4-6 The Amusing Adventures of Law School Assassins, page 6 In the Food Corner: A Delicious Valentine’s Day Option: La Yaca, page 7 Organization Spotlight shines on the Women’s Law Society and Women’s Week, Upcoming Events: The Vagina Monologues and An Evening with Scott Turow, Look for pictures of W&M’s new chancellor at this year’s Charter Day. Test your Romantic knowledge with the Valentine’s Day themed games on the Adult Fun Page! Not WytheEmployer Standing Hiring and Firing Practices: Page 2 Where is the Line? By Special Contributor Frantz Farreau (1L) teachers engaging in pornography, and justifiable, right? it is easy to mentally justify these two Consider, now, the case of Eric individuals getting fired. So, even though Pettigrew. Pettigrew was fired from his In two separate, not-so-recent, not- these people were fired, we can still trust prestigious job at Fidelity Investments so-publicized news stories, Florida employers to exercise good judgment for being involved in a fantasy football public school districts fired two teachers where our personal lives are concerned, league, despite an impressive and because they engaged in pornographic right? distinguished resume. Pettigrew was the activity. The first, Natalie Santagata, Well, on January 1, 2012, Baylor commissioner of a league. Fidelity cites was an elementary school teacher and Health Care System decided to stop a strict policy against gambling using had taught for over ten years. She was hiring smokers. And that makes sense, company time or resources. Pettigrew fired after someone anonymously sent because what hospital wants lung cancer claims, and the company does not refute, “scandalous materials” to school officials patients to walk through a cloud of that he engaged in fantasy football on and parents; the materials supposedly smoke on their way to chemo? But such his own time without using company showed her engaging in “graphic sexual discriminatory laws are not relegated resources. The only evidence against acts” and illegal drug activity. Although to the healthcare industry alone, and Pettigrew was an instant message sent she had passed her most recent, and courts have held that these laws are to him by another employee about the all previous, drug tests, and was clearly allowed. This should not be. Smoking is performance of a player. There was no engaging in the activities in a private a legal activity, and although employers direct mention of fantasy football, but setting, the school still decided to resolve are free to regulate what happens while the company used this as an opportunity the scandal by firing her. employees are on the job, their sphere to question, and then fire Pettigrew for The second story broke shortly of influence should not extend beyond innocuous, legal activities undertaken thereafter, and involved Sean Loftis, a the workplace. Employers already on his own time. The company is substitute teacher who had a career making a moral judgment about the in gay pornography prior to private behavior of its employees. teaching. He was fired after the Where do moralistic judgments district claimed he violated about who to hire end? There a rule which said that may be compelling reasons faculty should “conduct for preventing porn themselves, both in actors from teaching their employment and our children, and in the community, in somebody could a manner that will argue that hiring reflect credit upon smokers may have themselves and some impact on the school system.” the other workers A majority of at the company, us may look at but playing fantasy these stories and football? Gambling commend Florida may be a vice, but for preventing if an employee is these reprehensible working successfully individuals from and managing a fantasy having contact with football league on his impressionable minors. own time, what does it However, once we dismount matter? Fantasy football is not from our high horses, we should even classified as gambling in the wonder: how far can employers go when first place. regulating the private activities of their By making employment decisions employees? based on private, legal activities, Engaging in graphic sexual acts is, charge health insurance surcharges to companies are making moralistic to the chagrin of many moralists, still employees who smoke, and many ban value judgments about their desired legal, and although the school claims smoking on the job in some fashion, workforce. If companies are allowed to Santagata was using illegal drugs, she whether by banning smoking indoors or do that, then where do they get to draw had passed the requisite drug tests on company property. Still, smoking is a the line? Sure, some people applaud not to teach. Furthermore, the materials nasty habit, and maybe employers just hiring smokers, just like some people were sent anonymously. Whatever your want to make their lives easier: they can applauded firing the teachers in Florida personal views on pornography, in our get discounts for not having any smokers or the impulsive gambler at Fidelity. But country it is legal to star in, produce, on their insurance policies, and their when we start to applaud exclusion, distribute, and watch pornography. Still, employees probably smell better and are it won’t be long before we become there is something very wrong about healthier. So, this sort of regulation is excluded ourselves. Not Wythe Standing Page 3 Investigative Report: ambiguities surrounding12 the venerable sport of “Assassins.” Things were looking grim for the Assassin’s Court Appellee, but the Petitioner rested his By Staff Writer Matt Finley (1L) case and the judges let out a breath as if they were glad to see the mounting minute argument wouldn’t keep me of evidence13 against respondent finally from seeing you, Property: Principles cease. The day had not been won yet14 As I sit here writing at 10:45 p.m., I and Policies. My thoughts were scattered and no one seemed ready to call it quits. can honestly say that I’ve never made as Charles Crimmins walked into the Defense counsel called Ms. Paladino to an investigation and followed up with a room with Mr. Tufts. Mr. Crimmins is the stand15 to finally hear her side of the story so quickly. However, this warrants the coordinator for legal services for the story.