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Deans Convene Political Dialogue Panel 2017 & 2018 ABA Law Student Division Best Newspaper Award-Winner VIRGINIA LAW WEEKLY 70 1948 - 2018 A Look Brandeis: The First Public Confirmation Hearing.............................1 Inside: Spotlight: Virginia Law Women .......................................................2 Court of Petty Appeals: CATS v. Law Weekly...................................4 Looking Back: Joe Fore with a Mustache! .......................................5 Wednesday, 26 September 2018 The Newspaper of the University of Virginia School of Law Since 1948 Volume 71, Number 5 around north Deans Convene Political grounds Thumbs down to SBA President Frances Fuqua for Dialogue Panel failing to make the requisite seasonal offering Michael Schmid ‘21 of Duck Donuts in order to Staff Reporter appease the Basilisk of WB. On Thursday, September May she do better this Au- 20, a group of law students tumn, and may she remain attended a panel discussion safe in the meantime. in Caplin Pavilion featuring Dean Risa Goluboff, Vice Dean Thumbs side- Leslie Kendrick ’06, and Uni- ways to the cancel- versity Dean of Students Allen lation of the Justice Groves ’90.1 The event, entitled Kennedy event. “A Panel Conversation about While ANG thinks it probably Talking, Listening and Engag- would have been pretty inter- ing across Perspectives,” dealt esting to hear from Kennedy, with the right to free speech, ANG also thinks exactly the particularly its outer limits, and opposite with no readily ap- the complicated issues that can parent distinguishing factors. arise regarding controversial speech in a university setting. Thumbs down to Dean Kendrick began the plea bargaining ex- discussion with an overview of ercises in the hall- free-speech law in this country. way. The only one The United States protects free shouting “YOU HAVE NO speech more stringently than EVIDENCE” around here anywhere else in the world, should be ANG. and Dean Kendrick highlighted that this expansive right means Thumbs up to speech that is controversial, the British diver Dean Goluboff offers a listening ear to Tyler Miko ‘21. Photo Kolleen Gladden ‘21 / The Virginia Law Weekly provocative, and even repre- suing Elon Musk hensible should be protected, Turning to the specific issue of and in society. or tactics of the student demon- for defamation. often on the bases of liberty controversial speakers being Dean Goluboff pointed out strations. As some of those stu- ANG’s suing Musk over and equality. However, this invited to universities, Dean that, as a historian of the 1960s, dent protests of the ’60s helped Musk’s assertion that “ANG does not mean just because Kendrick urged students to she knows the battles that raged lead to changes in the law re- is a drunken mess,” but Pro- an idea is free to be expressed personally reflect whether the over free speech on campus garding who is protected by free fessor Abraham told ANG, “It that it ought to be accepted. speaker has ideas with which then in many ways parallel the speech and what action is taken has to actually be false,” and Dean Kendrick noted that they can reasonably disagree, battles we see now. Today, as against controversial speech, “Stop coming to my house in America’s free-speech regime and whether they are morally in the ’60s, Dean Goluboff sees Dean Goluboff noted that today the middle of the night for le- not only welcomes debate and bound to tolerate the ideas in a “real moment of generational there is potential for changes in gal advice.” #bestfriends refutation of unmeritorious question or if they are beyond tension,” as well as a moment of the law pertaining to the extent arguments, but thrives on it. the pale. Free speech, Dean potential legal change. That gen- to which hate speech should be Thumbs up to the Kendrick concedes, is a com- erational tension in both time protected. 1L ANG overheard 1 Dean Groves was observed plicated doctrine and, on the periods is exemplified by the Dean Goluboff also noted the doubting that Fed reading a copy of Virginia Law margins, there are few easy conflict between student protes- disparate effects of speech on Soc actually serves Weekly before the event began. answers to the difficult issues tors and administrators who do Chick-fil-A at its events. ANG We hope he liked what he read. debated in university settings not understand the substance LISTENING SESSION P. 2 hadn’t heard of Chick-fil- A trutherism but ANG’s on board if it means more free Brandeis in Brief: The First Public food for ANG. Thumbs up to the administrator Confirmation Hearing who told ANG that this year’s 1Ls are Part Two of Confirmation Ted Kennedy and other er Lamar passed away.1 “The People’s Lawyer.” The “abnormally geeky.” ANG Stories, a continuing Law Democrats did in 1987. If On January 28, President controversy surrounding concurs; ANG hasn’t even Weekly series you were sympathetic to Woodrow Wilson, after his nomination can easily been able to complete ANG’s those in support of Judge much deliberation and lob- be understood by what oth- ritual 11 p.m. streaking William Fassuliotis ‘19 Kavanaugh, you might have bying (including by The ers wrote about him. To his through the library because Guest Columnist been appalled at the his- New York Times and others opponents he was, as Taft it’s always full of gunners. trionics and tantrums by a to appoint former President wrote to a friend, “a muck- If you can remember back bunch of Senators trying to and 1912 electoral oppo- raker, an emotionalist for Thumbs down to the confirmation hear- enhance their presidential nent William Howard Taft), his own purposes, a social- to softball being ings for Judge Kavanaugh, prospects. Both sides weep nominated a close advisor, ist, prompted by jealousy, continually can- before the accusations were for the future of the repub- Louis Dembitz Brandeis. a hypocrite, a man who has celed. Without the made against him, you lic. One can be forgiven for By that time, Brandeis certain high ideals in his excuse to black out at 2 p.m. likely had one of two sets thinking that confirmation had acquired the epithet of imagination, but who is ut- on a Tuesday, ANG is ques- of thoughts. If you were hearings have a principled terly unscrupulous in meth- tioning whether ANG should sympathetic to those op- history, dating back to the 1 Justice Lamar, a Taft ap- od in reaching them….” His have just attended another posing Judge Kavanaugh, founding, and only recently pointee and a deservedly ob- supporters would agree school. you may have seen Sen- become debased political scure Justice who served only with Justice William Doug- ate Democrats as engaging spectacles. This thought, five years, should only be re- las (who would replace Thumbs down to in principled opposition, however, is mistaken. membered as one of three Justice Brandeis when the 2L who person- seeking as much informa- The expectations sur- pairs of relatives to sit on the he retired), that “the im- ally emailed the tion as possible about his rounding Supreme Court Court. He was the cousin of age of Brandeis … was one VP of the 1L FYC time with the Starr inves- nominees would change undoubtedly the best-named that frightened the Estab- about located Bar Review “all tigation, the Bush Admin- forever on January 2, 1916, Justice to ever don the robe: lishment. Brandeis was a the way” at the Downtown istration, and as a judge in when Justice Joseph Ruck- Lucius Quintus Cincinnatus militant crusader for social Mall. Even ANG can’t go to order to make the case to Lamar II, a Grover Cleveland justice whoever his oppo- Bilt more than 5 days a week. the American people, like appointee who also served only BRANDEIS page 2 five years. 2 Columns VIRGINIA LAW WEEKLY Wednesday, 26 September 2018 LISTENING SESSION continued from page 1 sponse and engagement, some- incidents is that the best way to they asked students to discuss dressed this tension by indicat- thing the dean noted is part of engage with ideas that are un- in small groups the issues of ing that, while we have the right minority groups and marginal- UVA’s institutional culture. savory—or even morally trou- free speech, engagement, and to free speech, there is little ized populations, and asked the Dean Groves chose to high- bling—are for students to use protest as each of the panelists guidance for the correct exercise students in attendance whether light a few examples of con- their minds and their voices to spent time joining the conver- of and responsibilities pursu- they thought that the law should troversial speech on Grounds, win the intellectual battle and sations with the students. Spe- ant to that right. Dean Goluboff account for the unequal effects and how those events can serve challenge people to try to defend cifically, students were asked to concluded her segment by not- of certain types of speech. She as a model for balancing free indefensible positions. The in- discuss what they thought were ing that UVA perhaps has the cautioned against the use of speech with the rights to dissent stance regarding the tweet from appropriate guidelines for pro- most diversity of thought and free speech to insulate speakers and disagree. One of those inci- the lecturer, Dean Groves noted, test and dissent in a university background of any peer school, Dean Allen Groves ‘90, Dean Goluboff, and Dean Kendrick ‘06 at the Panel. Photo Kolleen Gladden ‘21 / The Virginia Law Weekly from repercussions. It would be dents involved the invitation of also serves as a reminder that setting. and that her hope is that UVA incorrect, she contended, to pre- a highly controversial speaker just because something can be One theme resonated with Law can serve as a model of an suppose that once something on Grounds about a decade ago; said does not always mean that each of the panelists: that the institution where real engage- is said that, in the name of free another involved an incendiary it should be said, especially in doctrine of free speech can be ment can thrive in a community speech, no response or critique tweet by a university lecturer.
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