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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 1994 Amicus Curiae (Vol. 4, Issue 10) Repository Citation "Amicus Curiae (Vol. 4, Issue 10)" (1994). Student Newspaper (Amicus, Advocate...). 408. https://scholarship.law.wm.edu/newspapers/408 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers Gay Rights Topic ofSymposium, page 3 MARSHALL-WYTHE SCHOOL OF LAW America s First Law School VOLUME IV, ISSUE TEN THURSDAY, MARCH 3, 1994 TWENTY PAGES Univ. of Georgia wins Spong Tournament By STEPHEN T. KING the Western District of Virginia; A team from the University Samuel W. Phillips, Chief of Georgia and another from the Executive of the Fourth Circuit University of Cincinnati took the Court of Appeals; Norman K. podium Saturday afternoon in Moon, Chief Judge of the the Moot Court room at Virginia Court of Appeals; Marshall-W)the. They were the Robert R. Merhige, Jr., Senior finalists in the Twenty-Third District Judge for the Eastern Annual William B. Spong, Jr. District of Virginia; and James Invitational Moot Court C. Cacheris of the Eastern Tournament. District of Virginia. The finalists faced the The Spong Tournament is a penetrating queries of seven "unique tournament,' according distinguished federal and state to Matt Holloran, Chief Justice judges: Harry L. Carrico, Chief of the Moot Court Board. "The Justice of the Virginia Supreme Tournament is judged nearly Court; HeruyB. Whiting,Justice Former M-W Dean William B. Spong (I) rewards U. of Georgia -staffphoto of the Virginia Supreme Court; winners Edward Burch, Ginger Patton-Schmitt and Ceasar Mitchell See SPONG, page 12 James C. Turk, Chief Judge of Law grad challenges Virginia Board of Bar Examiners By PAULA HANNAFORD law in Virginia without answering the Virginia Attorney General's office, stated the senior attorney representing Clark, Alleging that questions on the Board's inquiries. Additionally, Clark is that the Board is confident ofits prospects hopes to have the case resolved before the Character and Fitness portion of the seeking a declaration that the Board's for winning the suit. "The issue in this deadline for submitting applications for Virginia Board of Bar Examiners' questions violate the ADA and an case," said Lucyk, "is not whether the the July bar examination. application violate her rights under the injunction barring the Board from asking Board can make inquiries into an "None of the facts are in dispute," Americans with Disabilities Act (ADA), other applicants about their mental health applicant's mental health history. The Glasberg stated. "We are hoping to get a Julie Ann Clark filed a complaint against histories. The Virginia ACLU and the issue is how far into the past the Board summary judgment on this case before the Board in U.S. District Court on Feb. Bazelon Center for Mental Health Law can inquire." The Board' s inquiries the mass admissions for the Virginia Bar 23. are representing Clark in the suit. Similar "strike a reasonable balance" between begin." The suit alleges that the Board's suits are pending in Connecticut, Texas protecting the privacy of the applicants He also advised bar applicants who questions about past mental health and Florida. and protecting the general public, said are concerned about answering the counseling constitute impermissible The Board has not yet answered the Lucyk. discrimination under the ADA because complaint. However, the Board's legal Clark's attorneys are equally confident See INVASIVE, page 20 they do not relate to her fitness to practice representative, Gregory Lucyk of the about winning the case. Victor Glasberg, law. Clark a 1993 graduate of George Mason University Law School, refused to Seventeen new courses added for 1994-95 answer the Board's inquiries concerning BY SHELLEY EVANS Accounting for Lawyers, Admiralty, and University School of Law. Professor her mental health history. Threatened At last, M-W students can all stop Insurance. Sherri Johnson ofCornell University will with a temporary restraining order, the griping about the staleness of the Currently four visiting faculty have teach courses offered in the spring, as yet Board permitted Clark to take the bar curriculum. A total of 17 new courses been announced thus far for next year. to be announced. Urbonya and Gardner examination on Feb. 22 and 23 , but has will be offered in 1994-95. Professor Kathryn R. Urbonya of Georgia will teach in the fall; Frisch will be visiting refused to process her application for The courses include: Women and the State University College of Law will teach for the entire term. admittance to the bar until she completely Law, Corporate Practice Clinic, Directed Con Law I and Federal Courts. Professor Acting Associate Dean Jayne Barnard answers the Board's inquiries. Reading, General Mediation, Family James AI Gardner from Western New credited Dean Krattenmaker for the new The inquiries require applicants to Mediation, Domestic Relations Practice, England College School of Law will teach additions to the curriculum and the faculty disclose whether they have ever been Disabilil) Law, Municipal Finance and Con Law I and E,l dence. Contracts II, in the upcoming year. " Dean addicted to or treated for use of any drug, Urban Development, Law Office Sales, Payment Systems. and Seminar in Krattenmaker was very supportive and including alcohol, whether they have Management, Case Preparation and Pre­ Commercial Law will be taught by received counseling for any mental. Trial Discovery. International Professor David Frisch of Widener See COURSES, page 20 emotional or nervous disorder in the past Conunercial Law, Internati nal Trade fiye years, and whether they have been Law, Supreme Court Seminar, - Inside this issue h spitalized for any mental, emotional or Telecommunications Regulation, Special • Racism in death penalty Students di scover ew job nervous disorder in the past five years. Problems in Criminal Justice. Special sentencing. Page 3. searching strategies,. Page 5. Problems in C mmercial Law. European Assum' ng that she passed the bar Crossfire debates the traditional • Spong inebriate shames school. Legal History and Individual Rights and examination and is othef\\lse qualified, family. Page 9. profession, Page 12. Clark has asked the court to order the the Supreme Court in the 20th Century. I r, . ''':; IT" t i 9 - 'i 2 ======================================================================= Thursday, March 3, 1994 THE AMIcus CuRIAE Out Of Our Heads As yesterday's presentation about the death penalty illustrated, the sentence has resulted in.an egregiously unfair impact on racial minorities. The graphic picturesoflynching, Mrican-American males wearing leather masks while tied to the electric chair and the merciless beating of Rodney King in the film "Double Justice" served to depict the notion that to be a proponent of the death penalty makes one just as guilty ofviolence as the executioner. And the racial bias which permeates the system regarding the decision of who will be sentenced to die and who will be spared, continues to highlight the unconstitutionality ofcapital punishment. The statistics quoted in the film do not lie. Justice . Thurgood Marshall noted that of the 455 men executed for rape, 405 were African-American. This is appalling to anyone who cries for "justice" whenever a crime occurs. For these figures cry out the fact that the real perpetrators ofthese crimes remain free while race determines who is charged and sentenced. But as if putting people to death is not bad enough, the Virginia Senate debates today a measure that would allow families of murder victims to witness the execution of condemned prisoners. Opinion about this bill is divided as to whether such an From the Editor's Desk • • • allowance would help victims' families heal or simply allow them the satisfaction that comes with vengeance. Kudos go out to Julie Ann professional assistance to these nation to pry into sensitive as­ In essence, what this bill does is glorify the death penalty Clark for taking on the Virginia types ofsituations is one which a pects of applicants' lives. The and play on the public's sense of outrage over violent crime. Board ofBar Examiners and their fairly substantial number of Board is undeterred by the argu­ It would not serve as a deterrent to other possible offenders, over-zealous inquiries in the new people take advantage ofat some ment that people suffering from nor, obviously, would it have any rehabilitative effect. The Character and Fitness applica­ time in their lives. The vast severe mental or emotional dis­ sole purpose of the measure is to provide a statutory right for tion. Although any number of majority of people who avail orders are rarely able to survive people to "get off' on watching another's death. the Board's questions deserve to themselves of professional the rigors of three years of Jaw As Del. William P. Robinson, Jr. (D-Norfolk) said, "The be challenged, those regarding counseling find the experience school. The Board makes no next thing they'll want to do is pull the switch." Since the applicants' mental health his­ to be tremendously beneficial. attempt to limit its inquiries to lethal injection bill passed the Assembly last week, maybe tory are by far the most obnox­ Only in very rare instances does whether an applicant's mental they'll get to actually thrust in the needle. ious intrusion on personal pri­ the counseling experience even or emotional status functionally This measure basically returns Virginia to the days of vacy. temporarily affect a person's impairs his or her present ability public hangings. Or should I say "lynchings." People choose to seek coun­ ability to function in his or her to practice law.

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