College of William & Mary Law School William & Mary Law School Scholarship Repository
Student Newspaper (Amicus, Advocate...) Archives and Law School History
1978 Amicus Curiae (Vol. 10, Issue 3)
Repository Citation "Amicus Curiae (Vol. 10, Issue 3)" (1978). Student Newspaper (Amicus, Advocate...). 218. https://scholarship.law.wm.edu/newspapers/218
Copyright c 1978 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers Prof. Waite Enioys "Visiting" Status At MW has been spending much more by David B. Kirby upon the cases. This committee free year was supposed to give time doing research in the Being a visiting professor at a him a chance to work on those library than he had expected. school has its advantages, the notes. For this reason, Waite said that best of which, according to G. Instead, Waite has found the the casebook he has begun will Graham Waite, Visiting need to prepare for a course he is probably remain on his Professor of Law, is " a year free teaching in future interests. He bookshelf this year. from any committee said that the Saturday before In addition, Waite also teaches assignments. " classes started he received a the year-long first year course in A year at a new school telephone call from the property and, next semester, a provides other opportunities, bookstore and was told that the course in trusts and estates. too, many that Waite, Professor casebook he had ordered for a If the casebook ever does get of Law at Catholic University, course he was to teach in water completed, its format will has already taken advantage of. rights, one of his fields of proba bly follow what first He has met new fellow law expertise, was no longer attracted him to property law. professors and students. His available. Soon after that at a Although " it was happenstance family, eager to see more of the conference with Dean William to some degree," Waite traces Williamsburg area from past B. Spong, Jr., Spong mentioned his interest in property to his visits, has already seen some of that several students had urged first exposure to it at the the local attractions. And, that a future interests course be University of Wisconsin Law although he denies active taught. " 1 sort of stumbled into School. He said the text he used pursuit of it this year a partially it. actually," Waite said of his there introduced the subject in a completed casebook on property decision to volunteer to teach the philosophical way; it did not law is silting on his bookcase. course. throw extensive cases at the The cases for the book are This gave him problems student from the beginning. already chosen, Waite said. because he left much of his The casebook he has assigned What remains to be done is to material on future interests at to his first year property class write the notes that will expand Catholic University. Thus, he also follows this format. Waite has been teaching law for twenty years. He was drawn into teaching by "the desire to Marshall-Wythe School of Law use the theory of law." In addition, Wa ite said he enjoys talking to people and teaching gives him that opportunity. Before teaching he held several jobs, mostly with the federal government. He was AMICUS il!'I-,/, ~ , . .,'> ~ CURIAE with the Atomic Energy Co mmission (AEC, now the Vol. X No.3 WilliamSburg, Virginia Published Fortnightly September 28, 1978 Nuclear Regulatory Commission) for two years and found it "sort of exciting." The AEC was then a young agency Honor Cou nci I and was making policy. This was Sa'ad EI-Amin To Lecture "good for my self esteem," Outlines Procedure Waite said. by Fred Becker Then, too. " I was thrilled to be Reactions to the recent part of the government." His At Marshall-Wythe Amicus Curiae report of last first job after mo'ving to Washington, D.C., was to attend bv Bessida White give an in-depth appraisal of the has led him from private spring's Honor Code violation ranged from disbelief that a a congressional hearing and Sa ' ad El-Amin (formerly efrectiveness of the courts as a practice in Richmond, to take notes on matters of interest Jeroyd X. Greene), will lecture vehicle for social change .. potential lawyer cheated to assistant professor at Howard to the AEC. It was thrilling, he here at Marshall-Wythe on surprise at the punishment Mr. EI-Amin holds a B.S. in University School of Law and said. to see such nationally Thursday, October 12 at 7: 30 Economics from the University adjunct professor at Virginia imposed. Although many students have not been exposed known figures as Hubert p.m . in the Moot Court Room . of Southern California, a M.S. in Commonwealth UniverSity, to Humphrey. Mr. El-Am in's topic will be Economics from Yale general counsel to the Nation of to an honor code before coming to Marshall-Wythe, the need for The AEC job led him to a "Judicial Conservatism vs. the University and a J .D. from Yale Islam, and finally back to position as a civilian attorney niversity. His brilliant and such a code in a professional Ri sing Expectations of private practice in Richmond. with the Navy's Bureau of Ships. Oppressed Minorities." He will often quite controversial career school should be apparent. In 1974 l\'lr. El-Amin received Lying, cheating, and stealing But there " it took you at least a and accepted an offer for a are all considered offenses year to see your place in the faculty position here at under the Honor Code, with scheme of things." He dealt with Marshall-Wythe. Routine appropriate penalties, including identical problems in contract approval generally given to such dismissal for offenses. law and administrative law each faculty appOintments was The primary responsibility for day until it became "hard to see . denied after State Senator enforcing the Honor Code rests the point of it all," he said . Edward Willey of Richmond with the students. Any student It was after leaving this job wrote a letter to the Dean of the who believes that a breach of the that Waite returned to the law school and the Board of Code has been committed must University of Wisconsin and Visitors threatening a cut-back challenge the offender in order completed a research-oriented of the law school's state funding to permit the accused to resign S.J.D. degree. He has been should such a " rabble-rouser ~' Crom the law school or report teaching almost exclusively be hired. himself-herself to the Judicial since then. Mr. El-Amin has been one of Council. If the accused takes no The Wichita-born professor the state's most outspoken action within twenty-four hours, has taught entirely in eastern opponents of racism and the accuser shall report his schools. " It was a question of hypocrisy both within and accusation to a Judicial Council gel ting a job," he said of his without the legal system. He member. In cases where a direct decision to come back east. He currently specializes in criminal Please see page seven spent two years at Catholic and civil rights trials and University and then taught at appeals, and many of his the University of Buffalo School colleagues have described him SBA Holds 1s t of Law (a then-private school as the best trial attorney in the that is now part of the State City of Richmond. His often Yeor Elections University .of New York at radical politics and quick tongue The Student Bar Association Buffalo >. Waite next taught at have led him to numerous will conduct elections for three the University of Maine School encounters with the judiciary, first year representatives of Law and, in 1966, returned to several of them ending in tomorrow, September 29, from Catholic University. \ contempt of court convictions. 10:00 a .m. until 1:00 p.m. The His experience at Maine was Mr. El-Amin's 1970 removal election will be held on the "interesting," Waite said. " It petition may have provided the second floor of the law school. was one situation where impetus which eventually led to First year representatives 'challenging' is more than just a the misconduct citation of represent the first year class on buzz-word." The state had Richmond Police Court Judge the Board of Directors of the purchased the facilities of a Harold Maurice (in September Student Bar Association and are small private law school and -- 1977 ). responsible for coordinating hired a dean. The dean hired Mr. EI-Amin's lecture is being Law Day activities. several faculty members and sponsored by the Black Pictures of the candidates and Waite was one of the first American Law Students texts of their platforms are on chosen. It gave him a chance to Association (BALSA). page four. Please see page three September 28, 1978 PAGE TWO Amicis Curiae _Gy~~!J91toslql
Legal Pro: The Cons H~,( I ,.L . ~~1" ~o # ' ""T" I-\·S G",S
!-fis face is pale, his pulse barely discernible. Other candidates report (not without a giggle) that prior to his collapse he was seen running naked through the halls of Bryan dorm, shredding lying down behind them, his Harvard Citator between his they can conceal themselves teeth a nd spitting it into the from the girl who comes to fa ces of uns us pecting close the library each night. wldergradautes. For a fi nale. he'd set just the tiniest fi re in the And so they sleep in the Ped. Supp. stacks and fanned the stacks, heads cradled on names with the sacred Section Supreme Court decisions, 41rlA of the Restatement of feet propped up on the 'I'm'ls. He'd been heard to shriek. Atlantic Reporter. Each day in whal was at first thought to be the nerves get tauter and the some foreign, aboriginal tongue. pencils g et shorter; each day "Supra id infra r Inpra sufra id! the candidates watch with St runk and White can kiss my ill-concealed bitterness wazoo ! ! " through bloodshot eyes as On that final day. Heidi takes pity nn Rick. She wipes the the lCIw review editorial staff specks of Citator from his mouth :Illd gives him the last of her "When th£ngs get unbearable she goes £nto the lad£es breath mints. When he regains room and rec-£tes her mantra. " t'onsciousness she tells him her mantra and they chant together. from behind when she turns to breezes in looking freshly then. she lakes him back to her glare at him. Never have a party showered and well-slept. apartment .. of the first part and party of the Habib greets them from the " Any problems?" the editors Lotus position. " Hey, who's the second taken such an instant and ask, but before the question unyielding dislike to each other; glamor boy'? Robert Redford mark is out of their mouths " Typical scuzzy hippy chick," with a bad case of the d .L's?" 'they are out the door and off thinks he. " Te ll your story walkin ', "Typical shallow beach-boy to their games of frisbee. lurkey." says Heidi , much to her type." thinks she. And indeed a own amazem e nt. She is Heidi is holding up pretty well. date·arranging computer that rem inded of the standing ovation After a ll. she is no stranger to dared to mate Rick and Heidi the studio a udience gave Edith sleep or food deprivation. She would have self-destructed and I ~ unk e r the first time she defied has fasted plenty in her time and laken half the world with it. Archie. gone sleepless on numerous Heidi a nd Rick manifest their " Heidi. what did you say?" . mutual revulsion by taking seats occasions for various political " I said walk, you creep. Go peace vigils. When things get a t opposite ends of the library. back a nd panhandle Merchants' unbearable she goes into the Square. I've had it with you." Heidi gathers up her Harvard overnight companions would The first day at Camm turns ladi es room and recites her Citator , her dandy Dunahoo reach for his Maxi three-speed. When Habib is gone, Heidi into the first night at Camm, mantra. "I am transcending," ma kes Rick a pot of Mu tea and grammar compendium and her Ri cky has worked diligently to she tells Habib in her daily mimeographed style , sheets and soon one day begins to puts on her favorite Incredible keep his academic success a meld into the next. To Heidi telephone calls home. String Band album. By evening from Elizabeth Carder'S legal secret from his roommates, Bif, Hut by the eighth morning writing class. For good luck she and Rick and the other hard Rick is sufficiently restored to Rock and bo, three comely jocks Ricky is ill extremis. His brand slips one slim joint into her grinding candidates in that begin work on his Recent who a re getting their MBA's. l\t'W . To-psiders have lost their macrame bookbag and hits the under-sized. under-air Development. And so the two sit Rick studies late at night with shine and his luxuriant layers in adjoining rooms, writing baking pavements of late his books propped up under the conditioned pit, it seems that ha ve succumbed to a terminal sum mer Williamsburg . away. getting together only for sheets, his flashlight moving nothing has ever existed but case of the greasies; even his meals a nd to discuss the ("Williamsburg?" her mother a long just ahead of his footnotes and citations, teeth have a dull yellow cast. had asked incredulously, implications of contributory f10urescent underliner. Bif, c itations and footnotes. And he can't go back to the negligence as a defense to strict "Colonial Williamsburg? For Rock a nd Bo know about the Breakfast, lunch and dinner apartment anymore. Bif, Rock God 's sake Heidi, you'll shrivel liability. They finish off the fl ashlight under the sheets, but at first consist of peanut and Bo are getting suspicious - eveni ng by making a long up and die there") . And not about the books ; " Whatever butter crackers from the and with good reason distance. collect call to Bud Furr certainly Heidi is not your lurns you on , man," they say considering their last encounter ('veryday, expectable Marshall vending machine, but soon and the three have a great old whenever they catch Rick in the with Rick. time discussing law in the real Wvt he student. She is tall and those are gone and the meal ;\ct. Ricky has told the guys he is "Hey Rick man, how ya wo rld. By Sunday night, two gaunt with more than her share of choice is slimy Mr. doing badly in school, is, in fact, ooin'?" cris ply typed Recent of cheekbones, and dark black on academic probation. "That's Goodbars that leave sticky "Open quote, comma, hair that waves to her waist with D<>velopments sit side by side on why we like you man - you may traces of chocolate across question mark, comma, close Heidi 's kitchen table. Rick has the vengeance of the mighty be a law student but at least editing assignments. quote, 256 F . Supp at 23. " moved all of his stuff out of Bif, Pacific coming in at Big Sur. you're not one of those uptight, Everrtually even the Mr. " Huh?" Heidi envisions herself a lawyer hook.cracking fags!" " Right," Goodbars are gone, and in for some worthy left-wing group, Ricky would respond, his pearly desperation the candidates ct. • • pn'or------~------to h£s collapse he was seen runn£ng naked or doing pro bono work for a whites flashing their fabulous seek sustenance from the progressive law firm, maybe grin, but gnashing just a bit. .. through the halls 0/ Bryan dorm . ... " taking an occasional meaningful Ricky knows the " Candidacy only a vailable victuals - "Incomplete sentence, case for the ACLU or litigating Test 'is going to be a terrific' spearmint breath mints. Rock and Bo's . without unacceptable colloquialism. personal injury suits against d.rag. but he sees it as an Going to the bathroom and l'xplanation and his Corvette is R<'phrase or delete. See Rule General Motors. " And I am not a unavoidable means to an end. sharpening pencils are the happily ensconced in Heidi's running dog - lackey of the Whenever anyone asks him in candidates' only diversions l/i.:i.3. " driveway. "You crazy man?" capi talist imperialist state, what a rea of the profession he and both are performed with . 'The hyphen is the most On Monday morning Heidi and dammit! " she mutters to herself pla ns to practice, Ricky is quick style and relish. By the fifth misunderstood of all punctuation Rick walk hand· in· hand through as she crosses Richmond Road to reply " Big Bucks Law." He day, the small band of ma rks. a nd the most egregiously those parts of Marshall-Wythe and descends into the cavernous Ihinks he might like to defend candidates has figured out misused .. . " nol requlflng single file depths of Camm. ]X'rsonal injury suits for General that by piling huge volumes By Saturday morning, Rick is procession. Their classmates of tax ta bles on the floor and prostrate under his worktable. r.ega rd the unlikely duo with a Mary & William Society mi xt ure of amazement and conlempt. As they pass by, . Sponsors Discussion _ Prof. Waite; Cont'd. blissfully oblivious to the New port News former legal aide ('ontinued from page one experiences so far at Marshall reaction around them , one by Bessida White director and city councilwoman, leach in an environment that Wyt he have been all he had student turns to his pal. The Mary and William now director of a legal clinic; had never before considered the hoped for professionally. He has " I knew I didn't want to be on Women's Law Society will Gammiel Poindexter, Surry, study of law. found the students and other Law Review, and now I know present a panel discussion on former legal aide director, now Once he got here he stayed in faculty members interesting and why." October 10 at 1:30 p.m. in the Sit Commonwealth's Attorney of the East because " people I the teac hing . aSSignments " Yeah." his pal rejoins, " It 'n Bull Room in the Campus Surry County and private tended to meet were from challenging. may have some advantages but Center. Five attorneys who have practitioner; -Karen Kincannon, eastern schools," he said. The it ·certainly makes some practiced law i~ a myriad ~f Richmond, former candidate for Waite said that property jobs offered to him kept him straaaaange bedfellows . . . " different fields Will present their the Virginia House of Delegates near the Atlantic coast. traditionally has the reputation, reflections on their careers and and former staff attorney with Waite said that it is day-to-day along with civil procedure, of Will Rick and Heidi survive opportunities available in those the Attorney General's office, work, not necessarily brilliance, being the hardest course studied the disapproval of their particular areas of law. now a private practitioner; and Ihat leads to success in the study during the first year of law classmates and the endless Panelists .are: Jean Wooden Sharon Coles, Newport News, of law. "My flrst semester I felt school. But he warned that rigors of Law Review? Can love Cunningham, Richmond, former 1975 Marshall-Wythe graduate, so inadequate," he said. Other students should - leave survive in a school without pity? labor .lawyer for Ford Motor now a private practitioner. students knew the terminology themselves open for the course. And what about Naomi? Tune in Company and Reynolds Metals, A question and answer period and principles he was being . . You have to hang on and keep next issue (or so) for the now a teacher and Single will follow the panelist's exposed to for t.hp. first time. punching and things eventually continuing travails of this practitioner; Tonita Warren, presentations. Waite said -that his fall into place," he said. endearing twosome . .. Amicus Curiae September 28, 1978 PjG; F;UR Year SBA Candidates An!2 9usl!.!:!~!!'i"lrlf!!i!~!:Tre~, students at the College, and . . more about the business of being keystone of our legal education possibly some undergraduates. in law school than any other. A and legal activities. As first year The purpose of the happy hours representative, however, is not students we do not fully should be to give law students elected for what he knows, but understand the role we could the opportunity to meet and for what he can do. Basically, he eventually play in shaping those learn to know other William and can serve his class because he is programs but we do have an Mary students: !GIFs ~~ed a part of his class. I cannot and opportunity . to make a strong leadershIp m orgaruzmg would not set before you a substantial Impact on the them effect!vely: During 1975-76, platform full of " If elected, I professionalism of Marshall- Wlder my directIOn, Happy Hour promise . . . " stipulations. But I Wythe. Some of the concerns we at U:, A . ~nderwent . . a can say that I will try to be a need to express and the reorgamzatlOn mto an actIVIty good representative if selected programs we should develop Kevin Williams which attracted 600-~()() people Karen Layne by you to do that job. We are at are: r promose to cultivate the best each wee~ . I would like t.o .use Layne v. The Other Marshall-Wythe to learn the law Legal Forum. Tapping th.e possible academic and social that expenence here at Wilham Candidates together. I would like to assets and contacts of. alumnI environment at the Marshall and Mary. Marshall Wythe Court of represent you in this learning administrators and faculty, we Wvthe School of Law through: Third, I would work for a Elections, 1978 process. need to develop and establish a (a') promotion of activities which flexible exam schedule such that Yours truly, regularly scheduled program of encourage academic excellence upperclass students could take FACTS: Richard A. Marone lectures and addresses by well- exams at their leis~re du~ng the On September 21, 1978, Karen known legal and political and enhance the reputation of ~xam peri~d. I beheve thIS to be Layne declared her candidacy figures. the Law School, (b) responsive 10 the best mterest of all students for S.B.A. representative. The ;\1oot Court. A more active support for social and other organizations associated with at Marshall-Wythe. right of title to first year moot court program would aid the Law School, and (c) a representative was immediately the development of professional mature approach to first-yar challenged by the other self-assurance where many of us orientation and the Honor Code. candidates. A 1974 graduate of are weak. r promise to provide a William and Mary, Karen Layne Student Legal Activities. representative. listening ear for has taught elementary school Extracurricular organizations questions and gripes, and to and has been involved in a should increase the quality of provide a voice that others will variety of professional their programs and the hear. activities. She was appointed professional benefits they offer. chairman of the Instructional Placement . Service. We need Liaison Council of the Prince an effective recruitment of law Pam Owen William County School Board Sandy Boek firms to interview here. Last I'm running for first year rep. and selected by the Director of B.A. Duke University, Class year only 70 firms came as because I'm interested, willing Reading to serve on the Prince 1977 . Majored in Political compared to over 400 to take the time, and want to be William County Reading Science
by Doug MacPherson 49 . American Society of Eagle ACROSS ·Cardiologists (abbr.) 1. on . Law terror 50. Hello (Span.) 8. Exists 52. Admiral Zumwalt 10. Association of uns and 53. elsGn Tirdbhurd (initials) Evening Entertainers (ab 54. oon-time meal pastry (two br.) words) 11. Paddle 12. Travelled ~ 14 . Pain in the lower bac.k 1. Prosser's military protege 17 . __. a 'ina, and a Santa 2. Accustom to pain Maria (two words) 3. Troublesome car (slang) 19 . Los.t colonists' fateful car 4. P .L.O . refuge ving 5. Sun Myung followe r Toga Partiers Enioy! 20 . orth Indiana igerian 6. Student Assistant (abbr.) ' ociety of European 7. Anita Bryant's juicy fruit need we say more? Terrorllits \ abbr.) ll. Intrinsic 21 . John. Robert. or Edward 9. Official rules 22. II indu spiritual advisor 12 . McCartney's new bunch 23. That is to say (Lat. abbr.> 13 . Result 24. Cau ed to be dispatched 15. Consumed ~5 . I-lead honcho at 1arshall 16. British expletive Wythe
1978-1979 S.A. FILM SERIES
Sun ~ , Oct. 1 1. The Goodbye Girl 2. Silver Streak Fri., Oct. 6 1. Dr Zhivago 2. Of Mice and Men Baskett To Display Sun., Oct. IS 1. Slapshot 2. Smokey and the Bandit Tue., Oct. 17* 1. Who's Afraid of Virginia 2. Great Expectations Artwork At "Occasion • • • " Woolf sale. Fri., Oct. 20 1. Rebel Without a Cause 2. Easy Rider The Tenth Annual Occasion __ (James Dean) for the Arts will be held here in Cyndie Baskett, third year law Williamsburg on Sunday, student and Editor of the Fri., Oct. 27 1. Frenzy 2. Psycho October 1. The highlight of the Colonial Lawyer, has been weekend of events is a sidewalk selected to exhibit her art this Fri., Nov. 3 1. The Deep 2. Towering Inferno art show held at Merchants year. Cyndie studied with Fri., Nov. 10 1. Casino Royale 2. Cactus Flower Square on Duke of Gloucester Barclay Sheaks at Vi'tgina Tue., Nov. 14* 1. Citizen Kane 2. On the Waterfront Street. The show opens Sunday Wesleyan College. Her medium Fri., Nov. 17 1. Straw Dogs (Dustin Hoffman) 2. The Enforcer (Clint Eastwood) at noon and runs until 5 p.m . is water colours. Fri., Dec. 1 1. Ladies & Gentlemen, the 2. Janis Artists and craftsmen from all Cyndie frequently exhibits in Rolling Stones over Virginia and neighboring local shows and currently has a states will exhibit their works. "one person" exhibit on display ' Fri., Jan. 19 1. The Stepford Wives 2. Sleuth All items on exhibit will be for at the Norfolk Public Library. Fri., Jan. 26 1. The Sting 2. Animal Crackers (Marx Bros.) Tue., Jan. 30 1. Gone With the Wind
Fri., Feb. 2 1. Emmanuelle (X) 2. Groove Tube Fri., Feb. 9 1. Wait Until Dark, 2. Touch of Evil (Orson Welles) Fri., Feb. 16 1. Julia 2. The Other Side of Midnight Fri., Feb. 23 1. The Last Picture Show 2. They ~hoot Horses Don't They?
Fri., Mar. 16 1. Alice Doesn't Live Here 2. The Front Anymore Fri., Mar. 23 1. A Star is Born 2. Swept Away Fri., Mar. 30 1. Nine "Comedy Shorts" 2. My Little Chickadee (W.C. Fields
Fri., Apr. 6 1. The Loneliness of the 2. The Bridge on th~ River Kwai Long Distance Runner Fri., Apr. 13 1. Trash (X) (Andy Warhol) 2. Carnal Knowledge (X) Fri., Apr. 20 1. Night of the Living Dead 2 . . The Phantom of the Opera (1925)
*Films to be sh<;>wn in Millington Auditorium
Admission is ONLY by film series and a William and Mary J.D. Card. Passes cost $6.00 and cover the entire film schedule. Film passes can only be sold to members of the college community (students, faculty and staff, etc.). Passes may be purchased at the door to any film. All film presentations begin at 7:30 p.m. in William and Mary Hall unless otherwise noted. A :D PAGE E IGHT Amicus Curiae September 28. 1978 THE PDP CASINO PARTY
PRIZES INCLUDE:
MERCHANDISE AND GIFT CERTIFICATES FROM:
BEECROFT AND BULL
BINN'S FASHION SHOP
CASEY'S DEPARTMENT STORE
10 THE CHEESE SHOP THE GIFT BOX
A GOLF LESSON FROM THE GOLDEN HORSESHOE
HAIRCUTS FROM ~ Hoi,. Sty/inK Studio ~AND REPLACEMENT CENTER COLOGNE FROM FRAZIER-GRA YES PEANUTS FROM THE PEANUT SHOP TWO PIZZAS FROM PIZZA HUT DINNER FOR FOUR FROM SHONEY'S DISCPUNTS FROM THE HSING-LING INN AND DINO'S .PIZZA A ROUND OF GOLF FROM KINGSMILL
SATURDAY. SEPT. 30th AT 8:00 P.M. 1st YEARS AND PDP's 75~ OTHERS $200
LITTLE THEATRE