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Student Newspaper (Amicus, Advocate...) Archives and Law School History

1988 The Advocate (Vol. 20, Issue 1)

Repository Citation "The Advocate (Vol. 20, Issue 1)" (1988). Student Newspaper (Amicus, Advocate...). 271. https://scholarship.law.wm.edu/newspapers/271

Copyright c 1988 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers The voca e Marshall-Wythe School of Law FOUNDED J 779

Volume XX, Number 1 Thursday, April 7, 1988 Twelve Pages New Skills Program Provides Firm Foundation by Carl McIntosh have cases that begin with an in­ Marshall-Wythe unveiled its itial interview and take two years "Law is both a profession and a yet undefined beyond "extraor­ The new program also departs much-anticipated new Legal Skills to develop through negotiation to business. This raises internal con­ dinary accomplishment." Like from the former secrecy surroun­ program this semester during trial and appeal. In this manner tradictions and ethical questions. obscenity, the faculty will know it ding unsubmitted assignments. In orientation week. More than just the associates track cases from in­ By using the law firm model, we when it sees it. fact, unless otherwise stated, the a name change, Legal Skills is a ception to completion, and each can raise the same ethical con­ The fourth-semester ethics exam Legal Skills faculty encourages four-semester course that wholly associate must deal with more siderations; it is Simply a useful is, however, both fully graded and associa tes to ask other firm incorporates Legal Research and than one client at all times. model, nothing more." . fully anonymous. members to review drafts of their Writing, Legal Profession, and written assignments. Lawyering Process, as well as aspects of Trial Advocacy, Ap­ pellate Advocacy, and Trial Prac­ "Law is both profession and business. DRY RUN tice. Also included is a remedial English skills component defined This raises internal contradictions The Legal Skills facuIty in-· by a diagnostic test administered troduced the first-years to their during orientation. and ethical questions. " respective law firms during orien­ tation. Mter explaining the basic THE LAW FIRM MODEL mechanics of the Legal Skills pro­ gram, the faculty introduced the -Professor Frederic Lederer first years to a dry run of law The cornerstone of. the new Legal Skills program is the law school, including case briefing, firm model. Each firm compriSes legal analysis, and case synthesis. An English grammar diagnostic a faculty partner, a third-year Professor Fred Lederer, Legal Students receive one credit hour The new Legal Skills program partner, and approximately one Skills Administrator, explained for the first semester of the pro­ departs from anonymous grading. test was administered. The resul.ts dozen first-year junior associates that the Legal Skills faculty chose gram, two for the second and third Professor Lederer explained that were used to define the scope of the English skills component of the who will become second-year the law firm model because most semesters, and three for the final anonymous grading for most exer­ senior associates next year. The attorneys either work in or must semester. The grading system for new program. The final assign­ cises is not realistic because of the ment for the week was a closed associates deal with five clients deal with law firms, not because all four semesters is highly personal, collegial-type in­ memo which had to be written during th~ir fflur semesters with it wished intentionally to train the Pass/ Fai1/ Honors, with the stan­ struction of the law firm model. the firm. Two of these clients will associates for law firm practIce. dard tor tne Honors ruStmcttoD as overnigh . Lights out -for Elvis Fans

Have You of help. Galloway asked Ray too hard." Furthermore, she con­ Nugent, the SBA president under by Karin Horwatt tinued, " I was only going to 'bor­ whose leadership the lamp ap­ row' these to put in the lawn vf a peared, if the lamp was bought us­ friend as a joke. " So we see that Elvis has disappeared. Until this ing SBA money. He said it wasn't. the Death Squads, faceless slaves Seen Me? crack reporter began asking ques­ Dean Galloway then asked him, to their State though they may be, tions, His disappearance was a "Would you object to its have a sense of humor. Of a sort. mystery. Frightened people removal?"- using the assasin's Now with His disappearance, speculated in whispers: was it a trick of referring to his helpless the whole student body is agitated. drug overdose-{)r was it only sup­ victim as "it." "Naaah," Nugent In fact, there have been ugly posed to look like a drug overdose? replied. "So I took it out and goings-on in the Student Lounge. Maybe He is coming back. Was it disposed of it," Galloway said. Elvis has been replaced by a black the CIA? Or was it, saner minds Jon Hudson, crazed with grief velvet Elvis poster. Those of us reasoned, the desperate work of a over the loss of his leader, ques­ who covertly thought that Elvis in covetous, spiteful 3L embittered tioned the morning cleaning crew His lamp incarntion was not Elvis by the prospects of a job earning on the morning of September 1st. at his best, wish fervently, at a mere $52,000 a year starting, plus Sheila and Ruth told him, "They every sight of Him in his black benefits, with only the gray, bleak, left a note saying to throw it velvet poster incarnation, for ~he endless future looming ahead of [Elvis] away. But we didn't do it. reappearance of the Elvis lamp. him, and no hope of bettering We took him to the administration Others share the view of this crack himself? part and they threw him [brace reporter: "I don 't think that [the People, it was the Nicaraguan yourselves, readers] in the trash. poster] is covered by the first Death Squads of good taste. "I was Then we carried it away," Ruth amendment," Rodney Smolla is the person who got rid of [Elvis]," said. "They got rid of it because reported to have said. " Ugh," so­ Dean Connie Galloway said with they said it wasn't working," add­ meone else said more succinctly. that gray, faceless Soviet Death­ ed Sheila. "There has been a grass roots Squad look. "I'd been urged to do Dean Galloway said that "it was policy statement," says Jon Hud­ that for many years by Professor pointed out to [SBA president] Jeff son with revolutionary fervor, Rendleman." but she did not Lowe that they [Elvis lamps] " We want Elvis back. " remove lIiffi immediately because could be gotten cheap at the Pot­ "I make it a practice never to do tery." A new lamp would be allow­ anything Professor Rendleman ed to remain until "everyone had Inside this asks." Then she continued. "The left." presumably, "everyone" more of the blame you put on Pro­ meaning the class of 1991. Issue fessor Rendleman, the better." Ehis came in with the class ot Noting that he was mysteriously 1986. "He appeared one fall mor- no longer on the faculty (The Ad­ ning and was positioned in the lob­ ICorr ...... _.!~._ ministration tells us he has left for by. There next appeared a velvet another school. Make of that what -paLl1ting of Prince. Two weeks The Penguin ...... p. 5 you will) . Galloway said, "I'm not later that disappeared- but I had Neophobia ...... p. 5 stupid." nothing to do with that. " The class Indeed. The thing was done over of 1986, Galloway said, "was also Sports ...... p. 11 , 12 ~ the summer, after the conclusion the clas responsible for the pink You Name It ...... p. 6 of the bar review courses, when flamingos." She said she tried to Fair Notice there would be fewer law students remove the pink flamingos over ····.. ··· ···········p. 6 ar und to hear His pathetic cries n Fili ~------~ the summer " but the ground was ..IlI • • • .·.···.··.··.··.··.--....··II ··.··.··II··.··.·jP•.• 6... The Advocate . . ' .. '. Thursday, september 8, 1988 Profes~,or Profile: Spencer Hired------

by Caryl Lazzaro Marshall-Wythe, Professor University in 1969 and her J .D. mission in Washington, D.C., she fessor Spencer worked for the Spencer observed that this school from.. the University of Virginia argued employment discrimna­ Department of Justice as Assis­ Why would a successful litigator "offers the best of both worlds in three years later. Her first job as tion cases before federal cow~ts of tant U.S. Attorney for the District with 15 years of appel'late ex­ an academic environment. It has an attorney was with the Equal appeals. From 1979 to 1982, Pro- of Columbia. She tried over 100 perience leave the office of the resources, and yet the school is Employment Opportunity Com- criminal cases and was primarily Virginia Attorney General for the small enough ...that the faculty, responsible for multi-party litiga­ academic rigors of Marshall­ students, and the community can tion and cases involving repeat Wythe? "I've always felt that law develop important relationships -~----=-~~~~-f;.'!"~~------"""""""_ offenders. students were creative, en­ that enhance the classroom ex­ From 1982 to 1985 Professor thusiastic, and very intelligent, perience." Spencer was with the Civil Rights and I thought that... [teaching] Professor Spencer work~ in the Division of the Department of would give me an opportunity to Criminal Divison of the Attorney Justice in Washington, D.C. As work with future lawyers and to General's office from January, Senior Appellate Attorney, she ha ve some role in the future of the 1985, to July 1987. As Assistant At­ handled appeals in cases involving legal profession." With tha t torney General, she was one of 12 employment discrimination under motivation as her guide, Margaret attorneys to represent the Com­ the Civil Rights Act of 1964 as well Spencer joined the Marshall­ monwealth of Virginia in criminal as criminal violations under Wythe faculty this fall. She is cur­ cases before federal and state ap- 1 federal laws which prohibit rently teaching civil procedure peJlate courts. She also co­ private interference with pro­ and trial advocacy and will add authored the Appellate Division's tected civil rights. The criminal appellate advocacy to her Citation and Style Manual and cases particularly challenged Pro­ schedule in the spring. spoke before state and local bar fessor Spencer. " I had one case Although Professor Spencer associations. Her achievements where the defendent killed a black served as an adjunct leeturer at were officially recognized in 1986 man for using a public park in the University of Virginia last when she recieved a Meritorious Kansas City. It was an interesting year, this is her first full-time Service Award from Mary Sue case because you have to prove not academic position. Her immediate Terry, Attorney General of only the criminal act, goals are to concentrate on her Virginia. murder, .. .but you have to prove courses and to be the best teacher Professor Spencer received her that the defendant committed the that she can be. Impressed by both Baccalaureate from Howard offense because the victim was the students and the faculty at black and he did not want a black man to use a public facility," she said. _1 ____ - Outside of teaching, Professor STEPHANIE BURKS Spencer's interests focus on her family. Originally from King William County, she was pleased The Empire Strikes Back that her career move to Richmond brought her closer to home and relatives. She describes her five­ School Respon-d-s '-to Prof's Lawsuit year-old son Stephen as her by Gerry_Gray & s,teve Murro~ " special, special, special in­ terest. " Although Professor and critiques of the faculty vote by the full faculty, which to the President of the College. Characterizing former M-W pro­ Spencer taught part-time last fessor J. Bernard Corr as a member's scholarly publications voted 17-8 to recommend for Sullivan said he sent a box con­ by outsi.de professors. tenure and 14-11 to recommend tai.ning "everything I had relating year, preparing her son to begin "disgruntled law professor with school this fall was her first priori­ an inordinately high opinion of his Corr became eligible for tenure against promotion. to Corr's tenure application" to the and promotion from associate to Provost's office. ty. She and her husband, Federal scholarly publication," attorneys Acceptable Scholarship? District Judge James Spencer, for the College moved Aug. 4 for full professor in the Fall of 1985. Coven, Sullivan and Verkuil all "To my knowledge, SulJivan said, "r sent both letters in the box share enthusiasm fo r football, summary judgment in Corr's The se~en member Fac~tyStatus cited poor scholarship as a reason basketball, and music. tenure suit. Affidavits by Dean CommIttee (FSC ) reVIewed hIS for denying Corr tenure. Coven to the Provost's Office." How1ever, Sullivan said the box of materials Eager to apply her practical ex­ Sullivan and M-W Prof. Glenn personnel file and voted 4-2 with " called Corr's work "shallow, perience in litigation and appellate Coven denied any procedural was not catalogued. President one abstention in ~avor .of Corr's unpersuasive, and pretentious." procedure, Professor Spencer has wrongdoing in Corr's denial of Verkuil's final decision on the mat­ t~nure , and 4-3 agaInst hIS promo- Outside reviews of Corr's articles enjoyed her classes so far and tenure and claimed their decisions tIOn. Profs. Paul Lebel and Coven sought by the FSC echoed their ter backed Sullivan's claim. "While the file is unusually detail­ finds the students eager to learn. rested soley on perceived inade­ opposed tenure an~ Prof. Ronald doubts. The motion for summary Her ambition is to " make a quacies in Corr's scholarship and Rosenberg abstame? Amon,g judgment quoted an evaluation by ed," Verkuil wrote, " it appears it did not in fact contain the two let­ positive contribution to the quali­ "governance abilities." those who voted agaInst Corr s Prof. Aaron Twerski of Hofstra ty of legal education here at Corr taught at M-W from 1980 ters you cited. I am satisfied that promoti.on were Co~en , Lebel a~d University School of Law. Twerski Marshall-Wythe. " until he was denied tenure in 1985. Prof. RIchard WIllIamson, ChaIr wrote that two of Corr's articles these letters were omitted due to the informal nature of the file col­ The decision prompted student op­ of the FSC. "fall below the standard of accep- lection process and not to any in­ postion, including a 350-signature Personal Attacks table scholarship." Corr omitted petition protesting the denial, and tentional act." According to Sullivan's af- the " work of leading Continued on Page Nine letters of support from many fidavit, Corr responded to the FSC scholars ... directly on point" as alumni. In December HJ87, Corr vote with a 23-page single-spaced well as " [!leading cases on all filed suit in the Richmond Circuit memo "personally attacking [the] fours ." Prof. Peter Hay, Dean of Court, naming as defendants the good faith and motives" of each the University of Illinois School of HI/IIG LING College, Virginia Comptroller Ed­ FSC member who voted against Law, found "misconceptions" and C CHINESE RESTAURANT ward Mazur, Dean Sullivan, and him. Sullivan states that the memo "a certain lack of depth" in the ar­ M-W Professor Glenn Coven. The gave credence to the doubts some ticle he critiqued. complaint included counts of FSC members had about Corr's At least two other professors, defamation, breach of _contract "governance abilities." Coven's however, wrote favorable com­ and violation of First Amendment affidavit also refers to personal at- mentaries on Corr's work. Corr COME AND TRY US! rights. Corr, now teaching law at tacks upon his colleagues' motives claims that these evaluations were American University, claims that and good faith, and also goes on to omitted from his personnel file by Sullivan tampered, and Coven say that Corr "completely refus- Sullivan when Sullivan sent the file threatened to tamper, with his per­ ed to talk to" some of his col- to College Provost Schiavelli for sonnel file in response to Corr's leagues on faculty governance review. Under faculty tenure pro­ TAKE-OUT to the hiring of matters. cedures, the FSC report is follow- ORDERS another faculty member in 1985. A After receiving the letter, ed by the Dean's independent personnel file includes evaluations Sullivan issued a written report recommendation to the Provost. DAILY of a teacher's classroom perfor­ recommending against tenure. The faculty member under review LUNCHEON mance by students and teachers, Corr demanded 'and received a may appeal the Provost's decision SPECIALS

"The only,way I could have falsified my tenure 10% off with Student LD. evaluation of Professor Corr would have been to Authentic Mandarin, Szechuan & Cantonese Cuisine vote in favor of recommending him for tenure. I COCKTAILS AND EXOTIC DRINKS did not and could not conscientiously do that." MAJOR CREDIT CARDS . M-W Professor Glenn Coven 220-2344 204 MONTICELLO St-IIOPPING CTR.-WILLl AMSBURG .' ," ...... ~ .. ~ . ~.' , ,.....- . .. ~~. ". - lh MILE FROM HISTORIC AREA OFF ICHMOND R Thursday, September 8, 1988 The Advocate Pa~e Three Parking Gets Scarcer, More Expensive by Steve Mister

For the second year in a row, Paving and painting are not ministrators reach a final decision More Spaces for Law Faculty and 162 student spaces. This year's parking fees at William and Mary cheap either. Stanton estimated about the new dorm construction. Associate Dean for Administra­ law school enrollment is 533, ac­ doubled, jumping from $12 in the that the gravel for the overflow lot Although many students have tion Connie Galloway requested cording to Dean of Admissions 1986-87 school year to $48 this fall. at the law school cost $4,500. Con­ grumbled about the n~w price, the additional faculty spaces this Faye Shealy. Even including the At the same time, the size of the crete bumpers for each space, Stanton says she has received summer. "The part-time faculty approximately 45 spaces created first year class grew to 197, while . which have not yet been installed, "minimal" complaints from those were ranting and raving about not by the gravel overflow lot, the stu­ the administration allocated an will cost $10 each. Stanton said who have purchased stickers. "No being able to find a faculty space," dent to space ratio is more than 2.5 additional 14 spaces to facul­ labor added another $350 to the one has been irate or rude or she said. to 1. Numerous observations of the ty/staff use. ~ - ' New regulations on the main • ..fJMI".. parking lot during times of peak campus prohibit Day Student student use last week repeatedly parking in all lots except William revealed a number of faculty & Mary Hall. A shuttle bus circles spaces not in use. Parking Ser­ the campus every ten minutes to vices Director Stanton says her carry students to classes, the staff will continue to monitor the library, and administrative offices situation and may recommend a in the middle of campus. reallocation. Director of Parking Services Galloway said she has no im­ Thea Stanton, justifies the mediate plans to turn any of the dramatic increase in fees because spaces back to students. "Perhaps of a state law passed in 1987 which after patterns settle in, we'll see requires auxiliary services at the about temporarily making special College, like parking, to be I>rovision," she said. self-supporting. SBA Rep Expresses Student "It used to be I could just call up Concerns Building and Grounds when we Becky Blair Student Bar needed a pothole repaired or new Association Third-year Represen­ lines painted. I can't do that tative spoke with Parking Service anymore." Stanton explained. Director Stanton regarding the To arrive at the $48 fee, Stanton Motor Vehicle Regulations which and other administrators foreca t state that enforcement of Facul­ the anticipated costs of ty /Staff spaces stays in effect un­ ma intenance. improve~nts. tilS: 00 p.m. Stanton assured Blair salaries and other expenses and that the booklet is incorrect and projected the number of decals that students would permitted to that would be purchased. "The park in faculty spaces after 4 :00 alternative is to try to give a lot p. m. more tickets," she commented. Blair also contacted Parking Ticket priCes for most offenses Services to express concern about did not increase, but the fine for the lack of lighting and emergen­ failure to have a parking decal did cy phones in the parking lot. Cur­ r ise from 10 to $25. rently, the spotlights in front of the Money for Maintenance Needed building are rarely on at night and Part of the financial problem, price. mean," she said. Stanton insists Last year, 48 spaces at the law the only emergency phone is according to Stanton, is the drastic Among the most urgent needs the increase is not aimed at deter­ school were allocated to faculty located too far away to be accessi­ need for immediate repairs. "The that Stanton sees is maintenance ring students from driving to and staff. Thirty-three faculty are ble in an emergency, Blair said. lack of spaces and the poor condi­ of the Common Glory lot and school. teaching courses this semester, " A lot of people study late and tion of the existing lots is the result repaving the Auxiliary Services "Students will find the money," although all of them are rarely at when you walk outside it's pitch of years and years of deferred lot. She said further improvements Stanton said. A survey several school at the same time. Approx­ black right in front of the lobby," maintenance, ' Stanton said. Now or additional spaces at the law years ago indicated that parking imately 36 staff people also work she said. " After midnight the someone has to fund it. school are "on hold" until ad- wal> not an elastic demand curve; in the law school but flex-time doors lock behind you. Someone students who need to drive will pay hours stagger their need for could be waiting in the bushes and Parking at Nearby Schools whatever is required, according to parking. you'd have no way to call for Stanton. After the new allocation of help," Blair noted . In comparison to neighboring colleges, students at spaces, there are 62 faculty spaces William and Mary are neither in the best nor the worst of situations. At the University of Virginia, because there is a three to one law students compete in a lottery ratio of students to spaces at the each year for the 230 spaces at the largely commuter campus. law school. Lottery winners are permitted to purchase monthly stickers at $6.00, Once students have won the lottery, they are in­ George Mason Law School eligible to compete in future years. charges $55.00 a year for its park­ Losing students in the UVA lot­ ing sticker. Students and faculty " tery must find parking in an compete equally for spaces, but of­ overflow lot 4/ 10 of mile from the ficials there say there's rarely a law school and either walk or time that the lot is full- it s most­ bus catch a shuttle to the building. ly a matter of getting closest to the Overflow parking permits cost door. this fall, George Mason has $2.00 per month. instituted dual stickers that restrict parking to Day or Evening classes. Students attending both , divisions must receive special per­ Student parking stickers at the mits to park during the evening University of Richmond cost $35.00 hours. a year. Because the law school is located on the main campus, law Faculty and staff parking spaces go unused. students may park in any com­ .I.1.1.1~.I.1.1~.I~..crg..cr.. _ ~""".I.1.1.1 muter lot on campus. Georgetown Law Center, located nea r Capitol Hill in Washington, D.C. issues a student decal for $1.25 a year, but that on­ ADVOCATE ly entitles students to park in one Students at Old Dominion of the 140 spaces in the university's University in Norfolk pay $52.50 a garage. Parking costs $2.25 a day, CLASSIFIEDS semester for a sticker. According an additional $2.00 at night. and to Tom Kahler, Director of Park­ Georgetown students often arrive Contact Janet McGee ing Services at ODU. the sticker is on campus between 6:30 and 7:00 no more than "a license to hunt" a·Pl· to get a, l!pace . .." .. .. for more-intormation.· 25·3 ... 4930 , , "_ .. -:2-...... - ., . I - PageF~ The Advocate '~-'-" ThUrsday, September 8,1988 INTER ALIA The Policy,

in Examination ~~, ~O~ ~ £ ~ S . I="Acvl...'\"4 f' It is the recollection of a large number of upperclass \J) p~ S 11'\ F F ' " /' ~ . students that, at some time in the recent past, law M-(J 1'1')11...... ";,, --VAz,-< ' 0~ ¥ students had access to exam schedules when they were . \ f\ W U . ~ planning a semester's schedule. When exactly this ~ J privilege of information was taken away from law CQ students is trifling. Why this privilege should be available tf\ (') ~.-I lL-" - C::-., -~ <:~_ r;;T-;;O ' . t \L,. I r-,c.. L E OF TH E IV t o them IS a more Importan concern. 0~ · ~ A student should be able to select classes with the ~ E 0 -S .. f2-.e (C. -;- knowledge of how a certain collection of courses will af- 1[~'jK' · L.... \ T £.-. '\1..:/ f>lC .r.. e .., " f::.- fect his exam schedule and should be able to schedule ex- - '\Z- oJ '- ~~ ams according to personal preference. Comparable law ~:....-.------,..;...... :...--~:..--~~;;;;.--=~~ schools in Virginia permit students to have S6ffie say in their exam schedules: Washington & Lee gives students a choice of two time slots to take a course's final exam, and t.he University of Virginia permits students to make up their own exam schedules, subject to a few Letters to The Editors restrictions. A more compelling reason than freedom of choice or allowing students to choose classes with knowledge of the exam schedule is, at least during the first semester, Banks Speaks Out. • • Professor Selassie fired me, religion. Hanukkah and Christmas are primary religious claiming that a memo I had writ­ holidays for most students and the Advocate believes that ten for him was unsatisfactory. students should be permitted to schedule their classes­ • • • Against Selassie The claim was preposterous, but I need not prove it (unless you ask and their exams to accommodate their need to observe Dear Editor: me to do so) as the rea l reason he these holidays and to be with family during this season. Here are two letters I wrote to Dear Dean Sullivan, fired me is different. The administration of Marshall-Wythe may have a Dean Sullivan that may be of in­ I am writing to inform you about I gave him the memo on the 18th valid policy reason, not yet articulated before the law terest to the Advocate's the conduct of Associate Professor of July. When I handed it in, he readership. Selassie for whom I worked as a told me in a vague, detached way school community, for this administrative change. Sincerel), , Nonetheless, the Advocate maintains that religion and research assistant from June Z7tll that he did not have any more Sinclair Banks to July 21st. research for me to do at tha t par­ family are compelling reasons why law students this ticular time. There was D«tSUgges= ­ semester should have known their exam schedules dur­ tion of any dissatisfaction with any ing, and not after, the add-drop period. of the work I had done. I asked him if he would like me to research an -C.A.L. area we had previously discussed, Slips Shelved and he agreed to this suggestion. He fired me on July 21st. He ex­ plaiI!ed that he had given me the On returning to Marshall-Wythe this fall many pe0- second project as a " second King of the ple noted the disappearance of various persons and chance" (his words), having found porcelain facsimilies of persons. When the dust settles, my memo unsatisfactory. But he did not give me the second pro­ take a moment to mourn the demise of another Marshall­ ject; I had suggested it to him. Mountain Wythe institution, the shelf slip. And at the time that he agreed to my suggestion of the second pro­ Shelf slips worked perfect in theory. When a student ject he had not even read my It's impossible to hear all the talk about the Elvis took a book off the library stacks, they would mark down memo as I had only just banded it on a yellow piece of paper their name, the book, and the in. Therefore his "second chance" lamp which used to grace our student lounge without remark was a complete and total cracking at least an inward smile. It might just be, carrel or table where they would be using the book. The fabrication. however, that there's a serious point buried somewhere paper was then placed in the stacks so that the next per­ He did not want me to continue in the black velvet. son to come along, usually working on the same assign­ working for him even before he The Administration's removal of the Elvis lamp ment, could read the shelf slip, walk over to the carrel read my memo. He had hired a se­ where the book lay, almost always unopened, and proceed cond research assistant. He told seems to be the latest, silliest example of what The Ad­ me that he had taught her and vocate has been criticizing for the last year: secrecy, a to get some perceived enlightenment from it. Legend has regarded her as a very good lack of responsiveness to student opinion, and a mother­ it that failure to shelf-slip a book was an honor code student. knows-best attitude. While the student body was away for violation. He hired me on the contingent basis of my doing satisfactory the summer, the Administration removed a gift to the stu­ work. That all of my work was dent body from a prior class without consulting the Over the summer the library administration decid­ satisfactory was rather inconve­ students. Students have asked faculty and administrators ed that too many people were disregarding the shelf-slip nient for him. He just wanted to about the lamp; they've heard some snappy comebacks, system and stopped printing the slips. This editorial get rid of me period. Why, for in­ and that's O.K., but that's all they've heard. One would passes up a free shot at the failure of the honor code to stance, did he not have another task lined up for me when I hand­ think that, if there were any area over which students had make the system work. The fact that shelf-slipping didn't ed in the memo? There was plen­ some say, it would be the decor of the student lounge. work means that students are not respecting fellow ty of research to do, and the other It would be nice to be asked about such matters. It students, and that goes beyond honor. research assistant was still work­ would be even nicer to be listened to. At the very least, ing. Why not suggest I help her if it would have been nice if they had just tolq us to move the The decision to stop making shelf-slips available may he could think of nothing else? I thought that you should be in­ lamp out, so we could hold on to it until we found have shattered some myths about the superior character formed of his conduct as it bears somewhere to put it. of the Marshall-Wythe student body, but it was a draco­ on his fitness to teach law. Ob­ Students familiar with the monument to tackiness nian measure. There are not 500 plus discourteous viously, the law school is also bet­ can feel amused by this tempest in a teapot, or glad to students in this school, and by removing the shelf slips ter off for knowing about his con­ see the tacky thing gone, or annoyed by the Administra­ the library is making it harder for students who chose to duct; hence, I will be making this letter public. tion's silliness. Students familiar with the Administration be considerate to do so. Sincerely, should not be surprised. Sinclair Thomas Banks -:S.J.M. -G.G. r The Advocate Page Five Neophobia ightly Speakin by Jeff Yeats The Closing of the poor judgment and bad habits. tax, estate or divorce law. It's Other acquaintances will view quite possible that I would not vic­ Can you see it? Just peeking my graduation from this ancient timize my clients. And as we all M-W Min over the horizon, away off to the institution as a personal affront. know , and my poor brother would west sneaking up from behind me. Most of these have been victimiz­ learn, law school ain't easy. No by Gerard E. Toohey, Jr. It's hard to spot but with concen­ ed by attorneys in the past. The re­ one's expectations would be met, tration and perseverance I catch maining few just happen to hold except those of my anti-social her­ I was quite prepared to use my vative desires fundamental a glimpse once in while. I don't try fast to strict value systems and mit friends, who stay disappointed 'first column to eviscerate Michael values, knowable, immutable, very often because it's kind of therefore live apart from most most of the time, anyway. ,Dukakis. Thankfully', I can write eternal, and correct. Without fun­ scary. organized society as a matter of My parents, however, are that Mr. Dukakis' campaign damental precepts, and an ability This thing has been stalking me principle. Not to mention pragmatists where I am concern­ should be about as effective as he to judge human actions as right or for two years, now. I built a good self-preservation. ) ed. Having known the subject is tall- not very. There is, . wrong, there is no basis for our lead during the first year but I've My uncles already want tax and much better and far longer than however, something much more laws, and all political systems been losing ground ever since and estate couseling and my cousins anyone else, they will withhold dangerous to our country that become the same. The fact that 20 it's beginning to look inevitable. look fonvard to free divorces and judgment pending proof. Not needs addressing: moral million persons may have perish- One day when I'm not looking, advice on shady business deals. lawyers, but pretty shrewd for old relativism. ed under Joe Stalin becomes ir- there will come a tap on my When he sees me pick up the folks. It was with heart-rending relevant. It is all relative. We can­ shoulder. I will turn around and sheepskin, my brother will decide If and when I call to tell them sadness that I read this line in my not condemn the KGB for putting stare it in the face. already in its that this must be easy. He'll bust I've actually passed the bar exam, Legal Profession book: "Assum- bombs in the toys of Afghan grasp. I will be ... Respectable. the LSAT wide open, take a they may believe it. Or they may ing that we can all agree that child children-remember that too is Respectability is a familiar con­ scholarship to Stanford, grade on­ wait until they receive indepen­ pornography represents immoral wrong only if you think it is wrong. cept, though not one with which I to Law Review, write onto Law dent confirmation from the personal activity .. .. " The question As Americans, and especially as regularly associate. or do others Review just for fun , win the Moot Virginia State Bar Association. At was whether or not the leader of a attorneys, we must choose tend so to a sociate me. In fact. Court tournament, graduate that point they will look at each child pornography ring could be, language that reflects the fun­ some of us aren't sure if it's a good number one in the class and turn other and sigh, split a beer and try notwithstanding his moral damental values of intelligent and down an endowed professorship idea that I develop a relationship to decide how best to begin recoup­ depravity, a good attorney. What moral persons. We need conser­ with respectability. And if I for a job defending the Little ing their investment. Being the is so distressing is that this is the vative values. become an attorney, I'll have to Sisters of the Poor. down-to-earth people they are, book that is supposed to help teach The conservative respects life. admit to respectability. Facts, as they often do, may they'll probably settle for cash. me to be an ethical attorney. Are The conservative knows that the A certain number of my friends disappoint all of these people. And they won 't be disappointed in the authors of our text so scared ultimate human values, after life are taking this all wrong. They Were I to become a respectable at­ me as a respectable attorney, as that they may irreparably offend itself, is freedom: the ability to be torney, I couldn't possible practice think I can now come sweeping in­ long as I mind my manners and the sensibilities of those moral and act without undue restraint. to whatever venue they call home in all the states where I have change my underwear at least idiots who somehow would quarrel George Bush understands that the and defend them from their own friends. I probably won't practice twice a week. with the notion that child por- liberal encroachment upon nography is WRONG ? Is it not an freedom takes many forms. objective moral truth that the sex- Perhaps he can teach liberals that Letters to the Editor ual exploitation of children taxes area form of suppression of through pornography " represents the human spirit. Taxes that are . · · Against Williamson immoral personal activity"? designed as a penalty for the ac- Dear Dean Sullivan, Ah, but the real problem here is cumulation of wealth are im­ I am writing to inform you about hIS reply, I asked him a simple Williamson followed me into the that bromide which is flung with moral. To take what is not yours the conduct of Vice Dean William­ question, looking for a simple yes lobby and repeated his point about such reckless abandon by liberals: and give it to someone else is son on July 22nd 1988. or no answer. He became ex­ my needing his permission to "You should keep an open mind. " wrong. I ~l'''cnt to acc him to ask if ho in­ trl>ml>ly irMp He =id that be was enter the office area. I told him This valueless statement is used A certain person from tended to reply to a letter I had not going to be cross-examined by that he was behavi.ng more like a when people mean: " morality i.s a Massachusetts tnrows arouna me written to him dated February 23, me, and told me to get out of his school teacher than a law pro- relative thing." The conservative idea that the adherence to law, or 1988: I have received no reply to office. I walked to the area adja­ fessor, and that I had nothing fur- is repulsed by such notions. An' the "rule of law " is a conservative the letter. The letter presented a cent to Gloria Todd's desk and re­ ther to say to him. Evidently I was open mind is an empty head that principle, and it is. The adherence complaint about question number mained there for a moment mistaken in saying I had nothing : allows all thoughts to flow through to law for its own sake is not, two on Associate Professor Bar­ waiting for her to return from more to say to him, as the follow- like a sieve. The liberal may have however, a conservative prinCiple. nard's Corporations exam of lunch; I needed to talk to her about ing occurred. Williamson: "and to suffer moral idiots, thinking that St. Thomas Aquinas- one of the December, 1987. The complaint an unrelated matter. Vice Dean you know what you are?" Banks: there is an exception to every first of all conservatives-said that was that the question was unfair, Williamson followed me moments "what?" Williamson: "a horse's rule-never realizing that the obedience of immoral laws was. as premised upon an intellectual­ later and told me to get out. I ass" Banks: "I'll quote you on statement itself suffers from an in- and is, an immoral act. This is not ly unrespectable interpretation of pointed out to him I had other that." herently fatal flaw . The conser- Continued on Page Nine section 8.54 of the Revised Model bUSiness; he asked what it was and I thought that you should be in- '---..;...------..;;..;.----.....;;....-----1 Business Corporation Act. Vice I said I was waiting to see Gloria formed of his conduct as it bears Dean Williamson sp,id that he had Todd. He said that I would have to on his fitness to administrate. Ob­ sent me a written reply to my let­ get Gloria Todd to ring through to viously, the law school is also bet­ ter. I asked him about the his office, any time that I had any ter off for knOwing about his cQn­ substance of his reply. I also ask­ business in the admjnistrative of­ duct; hence, I will be making this ed him if he would send me a copy. fice area. I walked outside to the letter public. TheAd voc a te He said he would send me one. lobby and sat down waiting for Sincerely, When discussing the substance of Gloria to return. Vice Dean Sinclair Thomas Banks 4VIarshall-l/Vythe School of Law A student·edited newspaper. founded in 1969 as successor to the Amicus Curiae, The King Lives ser tng the students. facult y and staff of the Marshall·Wythe School of Law. EDITORS IN CHIEF ...... Cheri Lewis & Gerry Gray The lasting importance of the Dear Editor: Managing Editor ...... Will Murphy first reason today is self-evident. Copy Editors ...... Paul Cons bruck, Mary Munson, Like most people upon returning The purpose of this letter is to reaf­ to the law school, I was happy to firm the basic values behind the Robb Storm, Phil Steele, Laurie Patarini see my friends again and renew second reason. Patty Jennings,Mary Francis, Toya Cook News Editor ...... Steve JHulroy acquaintances but, to my chagrin, The lamp broke the sterile sur­ one noted fixture in the law school face of law-school decorum by Features Editor ...... Karin Horwatt was missing: the Elvis Lamp with presenting a blemish which Sports Editor ...... Larry Schimmels the faux-pearl necklace. reminded us each that we are a lit­ Photography Editor ...... Rodney Willet The lamp was made of fine tle imperfect. In a school in which Assistant Photo Editor ...... Randy Repcheck porcelain with painted features. egos can go unchecked, it remind­ Reporters Steve Mister, John Fagan, Stephen Lee, Charles Fincher, Caryl Lazzaro, Steve Zweig, George Leedow, The King was wearing his white ed us that imperfections. as long concert costume, the one which as they are not destructive, should Lit Tazewell, Carl McIntosh showed the blue of the collar when be tolerated. Photographers ...... Brenda Williams, Stephanie Burks it was fli pped up. In addition, the lamp was Columnists ...... Jeff Yeats, Gerard Toohey When I asked Dean Connie something you laughed about Cartoonist ...... J on Hudson Galloway about the lamp, she said when talking with friends in the Production Manager ...... Neal McBrayer Production Staff ...... Elizabeth Deininger, Cathy Amspacher that it was time for the lamp to go. lounge. It helped to break the ice The graduating class which gave and some of the snobbishness that Business Manager ...... Butch Banks it to the school three years ago had accompanies law school. Sales Manager ...... Janet McGee long been gone. Everyone could laugh about the Sales Rep ...... Lit Tazewell Even though that class is gone, lamp while offending and their motivations for the gift are degrading no one. worth examining. They gave the Publlsheo e ery other Thursday dUring Ihe acaoemic year except during exam and vacation perloas. Finally, if Dean Galloway gets lamp to the school for two reasons. Fundea in pan by the PUDt ication Council of the College of W,lI,am and Mary. her way, this change will be only Opinions expressed in this newspaper do nO! necessarily represent those of the entire editorial board F irst, they had a great apprecia­ the first of many that will limit our or of the students. faculty or administration of the Marshall,WYlhe School of Law. tion for the King's music. Second, letters to the EdItor should be typed at double-space on 8 ~ 2 x 11 paper. The deadline tor inclUSIon in move to get rid of the four-foot the Thursda eCition is Monday at 5 pm The Advocate rese rves the right to edit submiSSions for reasons Dean Sullivan's Penguin: and more important, the lamp was penguin in Dean Timothy of space and clanty. The next victim? tacl\y <\s hell. Continued on Page Eight Pnnted mthe l1"glola Ga : ette. Page Six The Advocate Thursday, September 8, 1988 Dressed U - No Place to Sit by St.even Mister

With interview season set to Galloway attributes part of the This delay is the most recent furniture contract for the inter­ begin next week, the newly­ delay to the "labyrinth of ap­ continuing bureaucratic backlog view suite called for a delivery constructed interview suite awaits provals for the purchasing pro­ to plague the law school. New date of June 15. When asked about interviewers and students~xcept cess," but she adds that the latest lounge furniture originally promis­ potential legal recourse for the that the furniture has not yet ar­ holdup is not the fault of the Col­ ed for delivery in December, 1987, company's failure to perform in a rived. Originally anticipating its lege. According to Galloway, the still has not arrived. When the old timely manner, Sullivan who is arrival in June, administrators of architect began the procurement furniture began falling apart last also a first-year contracts pro­ the law school now are hesitant to process "in plenty of time for .. .ar ­ spring, the law school borrowed fessor, said he could not comment speculate on the delivery date of rival [of the furniture] for fall ." the metal chairs now in use from on what would happen. the new furniture. the main campus. The company Galloway said the College Pro­ A committee composed of most recently promised Galloway curement Officer would be notified "Right now, my level of oIT Galloway, Kaplan, former a shipping date of August 15 for the about the ordeal. The College timism is low. We'd like to think it librarian Ed Edmonds, and Pro­ new lounge furniture. She says could issue ' 'an official reprimand, will arrive by October," Associate fessor Trotter Hardy chose the that, realistically, she expe<:ts its exclude the company from future Dean for Administration Connie style and color of the furniture last arrival "sometime before th.e end contract bidding, or [take] Galloway said. March. Galloway said last week of the semester." whatever action the College deems that attempts to track down the Dean Sullivan said the ori.ginal appropriate," Galloway said. In the meantime, Galloway has order made by Magoon-Guernsey, arranged to rent furniture to ac­ the architectural firm for the pro­ comodate the 23 interviewers who ject, indicate that a backlog in pro­ are to arrive at Marshall-Wythe duction at the manufacturer is this week, according to Associate responsible for holding up Dean of Placement Robert shipment. - Kaplan. You ]~ame It ! The wooden tables and chairs "Obviously, it's terribly _ currently used in the basement frustrating," an exasperated Dean classrooms are extra stock from Kaplan admits. "We've pushed the the College's warehouse at state purchasing system as far as It's a bird! Eastern State Hospital. New we can go. Now all we can do is It's a plane! classroom furniture has also been walt." ordered. No, it's "Super Shamrock"! Fair Notice

Tubes Greetings

TheTUBING TRIP onthe The Office of Career James River is scheduled for Planning and Place­ Saturday, Sept., 17. Sign up and in­ still needs second and formation is in the lobby from ment third-year students to help greet 11 :00-1 :00. We need to reserve our tubes, so the last day to sign up is employers in the mornings. The commitment of time is minimal: FRIDAY, SEPT. 9. It only costs 15 to 20 minutes. Please see Linda $8.00, and inner tubes are supplied. Spaulding in order to sign up. It is a 2-hour float downriver, spon­ sored by the Environmental Law Society. Cire Work Moot THE LAW LIBRARY is accepting applications from law students to work in the Circulation INTERESTED IN BE­ Department. Students may work from six to twenty hours a week. ING ON A MOOT During the two-week exam period, student workers must work a total COURT TEAM? There of six hours each week. Inquiries will be an Environmental Law should be made of Brenda Frank. Moot Court Tournament in Head of Circulation, or Joan What is that jade-green mobile dangling from February. The brief will be due in Pearlstein, Evening Circulation the corner of the student lounge? December. If you are interested in Supervisor. being on the team leave a note with Mary Munson by Sept. 16.

Always in search of the truth as well as a few laughs, the Editorial Staff Task Force of the Advocate, in conjunction with K-Tel Records, announces the "YOU NAME IT!" contest to determine the nature of the bulbous green post­ expressionist sculptural wonder which appeared in the lounge at the Law Notes THE LAW STUDENT start of this year. All you need do is submit your personal interpreta­ PROG RAM of the tion of what you think Big Green really is, and you may win a free copy of the Advocate, personally autographed by Jeff Yeats (he's Irish). THE WILLIAM AND WILLIAMSBURG MARY LAW REVIEW TASK FORCE ON is now considering student notes BATTERED WOMEN Some answers which have been suggested are: for publication in Volume 30, will hold a meeting September 15 Issues 3 and 4. Students at 3: 30 p.m. for students who have "Ed Shaughnessy's Bequest to the Law School. " enrolled in seminars or indepen­ completed training. The meeting "The Testicular Remains of the Green Giant." dent legal writing are particularly will be to discuss volunteer "The 200th Member of the First-Year Class" encouraged to submit papers. The scheduling, changes in the hand­ "A Feminist's Ideal Pinata" deadline for submissions for Issue book and receiving credit for 3 is October 24. Persons interested :work. Place of the meeting will be should contact Neal McBrayer for posted. Please contact Jacque Waymack (3L) for more additional information. Submissions should be placed in the envelope on the door of The Advocate's office by September.19.

information. • • ~ • -. 4 _ • Thursday, September 8, 1988 The Advocate Page Seven Write- n Geeks

- Scott Finkelstein and Jim Grussing get a head start on being law review geeks during the write-on competition.

Panelists Discuss Their Practice by Stephen Lee its recent growth and has a nice Presnell stressed, "Our firm is for students attempting to decide ty, then the law firm. He advised, location and climate conducive to the youngest large law firm ip the upon a place to locate as well as an " Ask yourself, 'Where do I want to outdoor sports. U.S. It is part of a young, vibrant employer. Stoner said, "Keep the live?' Pick the lifestyle you want, Last Tuesday, OCPP sponsored community. ' , perspective that there are many and then you can move about a program on legal practice in Foster said, "The lifestyle of attractive communities to live in within the community if you pick­ various mid-sized cities. Through Wilmington is like that of a and to visit. " Presnell advised ed the wrong firms. It is harder to the programs, Dean Kaplan Southern city." By this, she meant Finally, the panelists had advice students first to pick the communi- shift locations than firms." sought" to get students to look out­ a comfortable suburban home on­ side Virginia and not focus just on ly five minutes from downtown Richmond and Norfolk." The pro­ and that a person could easily live gram consisted of a panel of four on a farm. She also stressed that speakers who gave lO-minute talks Wilmington offered the conve­ and also fielded questions. These nience and the cultural and social panelists were William and Mary life of a major city because of its T FUN alumni practicing law in different proximity to cities like cities. Philadelphia. Baltimore, and The panelists related some Washington. "Here, you can do similar experiences. For example, what you would do in New York, they found their current job with without having to live there, ,. she law firms in cities to which they said. had no ties. Ann Foster had spent all of her life before her second Pawlak described Indianapolis year in Virginia and had planned as a place that was very easy to to stay in Virginia. However, as get around in because of the CAT she became interested in cor­ absence of traffic. She also felt porate law, she looked to that the city no longer matched its Delaware and eventually seCllred blue-colar image. a position with Richards, Layton, and Finger in Wilmington. Barb Each panelist took the oppor­ Pawlak, a recent Marshall-Wythe tunity to plug his or her firm. For graduate, found a position in In­ Foster, the firm of Richards, CATS dianapolis, with Ice, Miller, Layton, and Finger was spe<:ial Donadio, and Ryan. But, she said, because of its size--67 attorneys­ " I had no connection with the ci­ and because of its dynamic work. ty." What she terms a gut reaction "The excitement doesn't wear to her interview and callback, plus off," she said. "Everyday I can her desire to locate in the Midwest, look in the Wall Street Journal and made her accept the offer. find something [in which] I was in­ Although originally from volved". Furthermore, she said, MARRIED Washington, D.C., Ray Stoner, "The senior lawyers were taught another M-W alumnus, now works themselves [when the.y first for Eckert, Seamans, Cherin, and started here] and they are willing Mellott in Pittsburgh, Pa. He to help others." noted, "1 had never been ... [to Pittsburgh] until I went for my in­ Pawlak felt that Ice, Miller, terview. " Donadio, and Ryan had much to offer. "They have a really ex­ Each panelist took some time to cellent program for first-years. describe the positive qualities of They are very committed to pro­ his or her city. Greg Presnell, with moting from within the firm. Also, the firm of Ackerman, Senterfitt, after hiring you, for the first three and Eidson in Orlando, Fla., years they don't take billable stressed that his city has good pro­ hours into account because t.hey fessional opportunities because of realize this is a learning period."

All these firms plan to send Check us out. recruiters to campus this fall. We're different. • Ice, Miller, Donadio, and • Eckert, Seamans, Cherin, and Ryan: Mon. Sept. 19 Mellott: Thu. Sept. 29 • Richards, Layton, a nd • Ackerman, Senterfitt, and Finger: Fri. Sept. 23 * - ~------Eidson: Mon. Oct. 3. Sponsored by th~ Commi,ttee that '!lade Eddie a better guitarist. Page Eight The Advocate M·usie Review '.' Cray's Latest: Beyon.d the Blues by Tom Brooke After the success of "Strong Cooke, or Smokey Robinson, along perience. This cut has slightly definition and he appears to be do­ along with a number of other roll­ Persuader", one of the most suc­ with the blues guitar legends he's rougher sound and features the ing just fine. ing blues songs. The band can cessful "blues" albums of all time emulated in the past. kind of guitar work listeners have For great blues, check out The swing through songs like "Party (especially the single, "Smoking One of the most telling features come to expect from this relative­ James Harman Band-Those Girl" (about a woman whose mind Gun"), Robert Cray was faced of this record is the jacket. For the ly young bluesman. " Your Dangerous Gentlemens and their says yes when her body says no) with a tough challenge. The next first time, he is not playing a Secret's Safe With Me" (the con­ most recent release, " Extra and they can stroll along with a release after a strong showing has guitar. The clothes on his back are fession of a Peeping Tom telling Napkins", on Rivera Records. Un­ walking blues cut like " If You Lose the potential to make or break a also far more stylish than what ap­ the story of an unfaithful woman) fortunately, this is not the kind of Your Money". "Hand in Hand" is career. Despite a number of pears on earlier releases. features a guitar solo but the pas­ record you are going to find pro­ an uptempo tune about a woman records on smaller labels (such as Robert Cray's family moved sion is missing. The use of piano, minently displayed at the local who wants to hold the singer's the now-defunct Tomato Records). around when he was young and saxophone, and other horns adds record store. James Harman and hand but keeps looking for another "Strong Persuader" was the nearby Newport News is one of the to the full sound already present on . company have been on the west­ man at the same time. A Los record that moved him out of the places where he cut his teeth on most tunes, such as "Acting This coast bar-band circuit for almost Angeles vocal group accompanies juke joints and bars and into guitar. He'first got a band together Way" , or "Across the Line". Cat­ 20 years, pumping out r&b, on a couple of tunes, including a Wolf trap and other larger, cleaner in Washington state and made a chy tunes, but they lack that do\\'Jl­ rockabilly, and the sort of raucous, pretty little doo-wap number, venues. "Don't Be Afraid of the name for himself playing the cir­ and-dirty blues sound. The produc­ footstomping music one expects to "School Girl". Dark" is proof that Robert Cray is cuit throughout the Pacific Nor­ tion is a little too smooth on almost hear emanating from nasty­ The James Harman band will not a flash in the pan and that we thwest. The mah is a nationwide all of the cuts, including "Don't looking roadhouses on the wrong never play Wolf trap, William and will be hearing more from him in phenomenon now , playing on a You Even Care? ", a song about side of the tracks. Mary Hall, or anyplace else with the future. number of records for other acts. the callousness of an ex-lover, and Harman has included a couple of assigned seats. In fact, their bus Cray had already moved far Last year he showed up on Keith "Don't Be Afraid of the Dark" a originals featuring his growling probably could not make it to the away from traditional down-and: Richards's Chuck Berry tribute, tale of ·seduction. voice and wailing harmonica. East Coast. However, this is a dirty Chicago or Delta blues on "Hail, Hail Rock and Roll. Although this is a great record, Listeners are treated to a boogie­ great rocking blues album which "Strong Persuader" . He seemed Although he has not put the it is not "the blues". Robert Cray woogie tune by Howling Wolf and is guaranteed to set your toes tap­ to be more interested in the stratocaster away, the emphasis has moved beyond that narrow a swing number by Tampa Red, ping and your fingers popping. smoother, calmer, slicker Mem­ here is on Cray's singing and phis sound. This record is another songwri ting -or s tory telling. step in that direction. For in­ Almost every tune is a compelling stance, the Memphis Horns are tale of lust, passion, love, and featured, along with other well­ heartbreak. One interesting excep­ known session men, such as David tion is "Night Patrol" , an uptem­ Sanborn. The sound is actually po tune about the plight of the more reminiscent of Motown or of homeless and all those who live on Required 1960s soul music. One could easily the streets, told from the perspec­ compare Cray to Al Green, Sam tive of someone with personal ex- Pontzer Ponders Listening Continued from Page Five of getting rid of the lamp are Sulli van's office as well as the car­ shallow. toons posted on the lockers. The Because the lamp reminded us New Releases On Sale Elvis lamp was a necessary form of our own humanity, worked as a of free expression which remind­ catharsis by inducing harmless Last Three Days - Ends Sept. lOt ed us of our own humanity and laughter, and served as a basic gave us something to laugh at. form of free expression. we need Some people might argue that it back. 1 recognize that my de- LP/Cassette Compact Disc 8.98 listl9.98 list image is everything for a law mand may seem a bit difficult to (where available) school and that the lamp tarnish­ reach, given the limited availabili­ ed our image. While image is im­ ty of high-quality Elvis lamps, but 98 98 98 portant, it should not overcome I wo uld be apeased by a $6 /7 $12 our desire for the substance of our reasonable substitute, like a por­ own humanity. Simply put, those trait of the King on black velvet UB40 Patti Smith who favor Dean Galloway's action with colors that glow in black light. UB40 Dream of Life Iggy Pop Robert Cray Band Instinct Don't Be Afraid ... WANTED • Crowded House Hot House Flowers Temple of Low Men People Sugarcubes Icicle Works Life's Too Good Day By Day DEAD Erasure Camper Van OR Innocents Beethoven Our Beloved ALIVE SPECIAL! MARK DOWNS ON 2000 Titles-Through Sept.10 Only reward THE offerred BAND Height ...... 6'0" Weight ...... 190 Ibs' 517 PRINCE GEO RG E STREET

Last Seen ...... ? BET\VEEN KINKO'S AND MA~1A MIA'S PIZZA

. '." " ', .. ' .' \. , \. ... \ , . .... , ...... "" ...... - .... - ... ~ ... - Thursday, september 8, 1988 The Advocate Page Nine lL Frustration in Peace C.orps to the Editor b y Lit Tazewell many bright moments and plenty the haut-bazaar (the bi-monthly paths to take, I let her navigate. of supportive people in Mauna market) , the Health Post was clos­ After about 30 minutes we arriv­ ...... No telepbon.es, no roads, no elec­ Budhuk; but, as one might im­ ed, and the health workers were ed at a dwelling which I assumed tricity, no · running water. The agine, being a minority of one was out drinking charrd (local home to be her home. After explaining Habits economic base is subsistence far­ constantly apparent and often brew). She had a severely infected that she needed further medical Dear Editor, ming. A school made of mud and very trying. Many of the villagers boil just below her ankle on her attention (in my broken Nepali) interviewers fall into habits. stone with rough wood furnishings. had never seen a Westerner before right foot. She was firmly planted the proprietor of the house said Some, who plan to make each ses­ A primary-health-care facility, but and would come to stare through in my room and I could not even that she didn't live there and that sion different from the last, soon little or no medicine. The nearest my window. It was like living in a begin to communicate to her that her house was an hour in the op­ weary of fashioning new questions hospital is a day's walk over zoo. School offered a focus, but in­ I was not a doctor and that none posite direction. for each of twenty eager law mountain trails. This was Mauna itially I felt inadequate as a was available. I couldn't imagine students. Others plan from the Budhuk, a sparsely-populated teacher of English to the villagers. how she got there in the first place, Helplessness and Acceptance beginning to ask every student the village in eastern Nepal that was The Peace Corps gives volunteers much less how I could tell her that same questions. The answers to my home for the two years I spent a comprehensive three-month she had to come back tomorrow. At this point I was at a loss. Ex­ these questions reveal not only the in the Peace Corps. training in language, cultural sen­ In the end, I physically remov­ tremely tired, frustrated, and strengths of each student, but also The description of Mauna sitivity, and technical skills, but I ed her from my apartment and laughed at by the family, I had to the strengths of Marshall-Wythe. Budhuk could fit thousands of still had much to learn. tried to fi nd someone who could decide whether to try to find the Each year, the interviewers ask, "Why did you come to Marshall­ small villages around the world, Mysterious Visitor right house or just to go home and but this village lies in the small help. Thee was no one. I checked tell the health worker about it Wythe?" Many students respond Hindu kingdom of Nepal. Sand- One event stands out in my mind my medical book and found that when I next saw him. I chose the that it was not their first choice. "I wiched between Tibet and India as particularly representative of cleaning the wound and applying latter and sent the poor, ugly, couldn't get in to U.Va.," is a com­ Nepal is situated at the edge of th~ the initial frustration I en- hot compresses were the only filthy, staggering woman on her mon response. Few students take Himalayan range, the highest t:ountered: I had just walked the possible treatment without having own to make it as she could. the opportunity to do more with If mountains in the world. Mauna five-and-a-half-hour trail from the access to antibiotics. I heated My helplessness never com­ their answers. This is a shame. Budhuk is 35 miles southeast of roadhead to the village carrying 20 some water and cleansed the in- pletely went away during the two such responses are truly Mt. Everest at an elevation of kilos of supplies canned food , bat- fected area, a very unpleasant years I lived in Mauna -Budhuk, prevalent, this is a disgrace. about 5,000 feet. The ethnic teries, etc.) in my backpack. I was task, and then bandaged it. Some but over time I became more com­ Now, as future lawyers, we have makeup reflects the rest of Nepal, sore and bone-tired when someone villagers came by about that time fortable with the problems. I got a responsibility to answer ques­ with both Tibeto-Burmese and came into my kitchen from the and told me that she was indeed used to eating rice, lentils, and a tions truthfully. If Marshall-Wythe Indo-Arayan groups. The predomi- back door and proceeded to squat retarded and lived about 20 vegetable twice a day, drinking was not your first choice, say so. nant group, the Limbus, are on the floor. She/he (l couldn't tell minutes away. I was able to get charrd and roxi (local spirits) in You have a further responsibility, renowned for their service in which at first) was obviously her to stand. With some help, she smokey kitchens listening to the however, to represent your schooL British Ghurka regiments. severely retarded. Her speech was could walk, albeit with a very old soldiers' war stories, watching Enlarge upon the question. Use it I realized the first few months of garbled, her movements uncoor- unsteady gait. We walked in what the dawn break over Kanchen­ to your a dvantage a nd your life in the village would be difficult dina ted , and her head was shaved. I believed to be the direction of her junga (the third-highest mountain school's advantage. After one or and it certainly lived up to that ex- It was Saturday, so everyone had home, down a steep, twisting trail in the world) while sharing the two years here, you can easily find pectation. Of course, there were gone to the neighboring village for through the terraced fields. Not community water tap with the much that makes you proud, much Limbu women. Gradually I was that makes you boast. Corr, cont' d ______r_ e_all_y_k_n_OW_ in_ g _W_hi_Ch_O_f_th_e_m_a_ny accepted, but, perhaps more im­ Dual loyalties can make life dif­ portant, gradually I learned to ac­ ficult. A law student learns, in Continued from Page Two cept. And then it was time to go. time, to balance them. Be proud of your alma mater for what you did The affidavits of Sullivan and there and what it did for you ; but Verkuil, combined with the brief been " seriously flawed." The distur~ over this and was pre- save a place in your heart for Regarding these and other alleg­ filed by the defense, bears out the defendants' brief argu~ that the -- judiced against Corr from then on. Marshall-Wy the. Keep in mind fact that the two letters were not PRCF-" did not understand, in law, ed procedural defects, the defen­ Coven remembers the meeting dif­ dants' brief responds that, under that you still have much to do for in thei ile Sullivan sent to the Pro­ the curative effect of the subse­ it, and it for you. You will make a ferently. " I was impatient because the law school's reasonable inter­ vost. Schiavelli reviewed the file quent de novo [from scratch] another faculty member ... took a great impression by exhibiting a pretation of the regulations gover­ and decided to accept Sullivan's review by the full Law School long time to lecture While PrO­ pride of place. People expect it. recommendation against tenure. ning tenure decisions, these prac­ faculty upon [Corr's] technical fessor Corr and I differed on the Think awhile about that question Corr appealed to Verkt,JiI, calling tices were not improper. Even if procedural objections." hiring decision eventually made at and a proper answer. You can fall attention to the absence of the two there were procedural problems, Personal Conflict the meeting, that difference the brief adds, they were into the habit. by Don Boyle favorable evaluations. Verkuil re­ In addition to doubts about played no part in my consideration quested and received from Corr " technical and contrived," con­ Corr's scholarship and faculty of Prof. Corr's application for stituting only "harmless error." the two letters, reviewd them with governance ability, concerns tenure." Schiavelli and ultimately decided Corr's complaint alleged three shared by Dean Sullivan, Coven causes of action. The response to uphold the denial of tenure. questioned Corr's teaching ability. Rightly, Procedures Flawed Shortly after that faculty argues that Corr's contract claim After observing Corr teach three meeting, claims Corr, Coven is based on documents, like pro­ The defendants argue that classes, Coven wrote "it was my threatened to falsify his tenure cedures governing tenure evalua­ cont'd review by the Provost and the opinion that, although be was evaluation in an unfavorable way. tions, outside Corr's actual President cured any procedural generally evaluated highly by Coven's affidavit denies ever employment contract. It dismisses -Continued from Page Five defect. Further, they say, Corr's students, he was not an excellent threatening to falsify a tenure his First Amendment claim on two file did contain reports that quo~. teacher in the classes I saw." evaluation. "The only way I could grounds. First, Corr was not to say that the question of which extensively from the two articles, In December of 1984, before Corr have falsified my tenure evalua­ dismissed because of anything he laws are to be obeyed and which so that the substance of the letters came up for tenure evaluation, the tion of Professor Corr would ha ve said at Marshall-Wythe. Second, laws are not to be obeyed is was included. faculty met to decide whether to been to vote in favor of recommen­ the alleged basis for his dismissal, relative. Laws should be based The Procedural Review Com­ hire Gene Nichol, who taught at ding him for tenure. I did not and Corr's rumor-based comments upon fundamental values. Then mittee of the Faculty (PRCF), an Marshall-Wythe until last year. At could not conscientiously do that." concerning former M-W Professor they will be moral and a cor­ advisory group staffed by pro­ that meeting, Corr spoke out Corr also charged that items Nichol, are not constitutionally responding moral obligation to fessors of the whole College, against hiring Nichol, asking that were included in his file after it protected. Finally, Corr's defama- obey will follow. unanimously recommended recon­ rumors concerning inappropriate should have been closed, and that tion claim is based on statements During the 'Sixties Martin sideration of the tenure decision conduct by Nichol flrst be in­ the Dean failed to reduce all of opinion, which are not Luther King sought freedom by because the law school's pro­ vestigated. According to Corr, materials regarding Corr to actionable. disobeying immoral laws-this cedures in the Corr matter had .Coven became emotionally writing so that Corr could respond. ------_ was right. The Jim Crow laws of the South produced only the obligation to disobey. When the Mon. - Fri. 9-6 U.S. Congress violates the "Sleep primacy of freedom, by making it Sat. 9-5 . "illegal" for our President to send arms to the Nicaraguan freedom IS fighters, they become immoraL I must take a minute to remind the reader that Congress is usually for · filled with Democrats, who are 10% off usually liberal and who usually do · not know what the heck they are with doing. fags" The struggle against Student LD. communism-anywhere-is right, and it is our moral duty to support 204 Armistead Ave. it. Communism may be a cancer .. .in remission, but it is a cancer - 253-0265 - nQnetheless. To bring us back to G• G~. our original problem, do we real- · Iy want attorneys with "open 1 Block from College of William & Mary minds?" No! We need discerning ..... '. ~ ...... , .~ ...... " .: ~" ... ~ . . . ' .: .."~ . :':"f, ~ ' ••••..••. ,..... ' :... I. ~·.:...... - minds. We need right reason . Page Ten The Advocate Thursday,, September 8, 1988 r· .. ··· .. ·········· .. ····· .. ······· .. ···· .. ········ .. ········...... , ~ Circulation Desk Hours i i· ,I. Moot Court: ::. .i Effective SE ~ptember 11, the Circulation Desk will be open =: as follows : . Looking for Sunday 8 : OOA .M .-l1:00P.M. !• • Monday-Thursday 7: 30A.M.-ll:00P.M. I r Friday 7:30A.M.-9 :00P.M. ~ a FeW" Good · . ·i .i : i : Currently-enrolled law students may remain in the library after hours =. Men and Wotnen E: by signing the log sheet at the Circulation Desk, No one may be admit- :. , ted to the library after the Circulation Desk closes, when doors to the ~ library will 'be locked, i : : · ! ·...... 1 ...... : by Steven Zweig and a written-brief component of the Bushrod Tournament. The oral argument will come first. Par­ ticipants will have two weeks to Despite changes in this year's mull over a problem and prepare selection process for moot court their cases before the oral com­ teams, Moot Court Chief J ustice petition. which will last a week, Bruce McDougal said he expects They will then have two weeks to between 60 and 70 interested prepare a written brief. second-years to tryout when the A change this year is that the 1 process begins in late September , 'oral argument will come before II ..H-... I This is the first year that second­ submission of the written brief .. -III years will tryout for the honor on "Last year if you wrote a strong m.u ... ~ lUI their own and not as part of a re­ brief, you advanced. even if you quired appellate advocacy course. were weak in oral argument," ' //11 1111 11111' / /1/11 1111 II/I II/ 11/\\\\ \\\\\\\\\\\ i\\\\\\\\\\\\\\\' i\ \\\ \ \ \\\~, "'-l.,\: In previous years, students with McAuliffe said. As in previous the top 30 scores in Appellate Ad­ years, performance in oral argu­ vocacy's Bushrod, T, Washington ment will be weighted more "Providing The Finest Fruits & Vegetables" Tournament were automatically strongly than performance in the 3617 STRAWBERRY PLAINS RD 229-2625 chosen for moot court teams, Now written brief. interested second-years will par­ At the end of the tournament in ticipate in the Bushrod Tourna­ early November, the Moot Court ment (named for a former Board will ask the top 30 scorers Supreme Court justice and alum­ to join, Usually, the top six scorers nus of the College) outside the go to the two National Moot Court Come visit the NEW James City classroom framework, and cur­ Competition, run by the American rent moot court team memners, cull"!;,, uf Tdal La wyen' and the Farmer's Market for a complete selection of quality pro­ faculty, will grade the written Bar Association of New York Ci­ iduce; specialbdng in locally grown fruits and vegetables ! briefs, said McDougal. Outside ty, The rest choose teams judges will continue to grade the participating in six other moot court oral arguments, competitions, Each competition While McDougal expressed con­ has its own emphasis; the Stetson cern that some second-years who competition features tax ques­ Now Featuring Homegrown: might otherwise have succeeded tions, for example, and the Jessup in the eompulsory contest might teams argue in international law, . not have enough self-confidence to While Moot Court established • Apples volunteer, he said the enthusiasm changes in its administrative • Red Raspberries shown by the second-years in the structure, it was also forced to con­ law review write-on bodes well for template changes in its fundrais­ • Tomatoes their response to the now­ ing strategy, McDougal said, Since • Sweet Corn independent Bushrod Moot Court is not funded by the Tournament. law school, it depends to a large • \Vatermelon "Getting on Moot Court is one of degree on the student activities the top two honors of law school," fund administered by a university­ • Fresh Organic Herbs McDougal said, "Being able to wide Board of Student Affairs, make a fine argument and presen­ This year, the Board cut those ting yourself well are skills you funds in half. need whether or not you ever go in­ " In the past we've always got­ to;1 courtroom in later practice," t.en enough to get by on ... but we've W'e Feature Virginia Products These are skills which, he em­ always been tight for money," said phasized, Moot Court hones, McDougaL The sharp cut will • Country Hames & Smoked Meats According to third-year Michael force Moot Court to expand its pro­ & McAuliffe, who won the Bushrod gram to attract alumni donations • Homemade Breads Rolls Tournament last year one needn't started last spring, "We're asking • Peanuts have college debating experience alumni to donate for a targeted in order to succeed in the purpose. We're very grateful to • All Natural Preserves tournament. Dean Sullivan for allowing us to do • Apple Butter & Honey "The issues here are lot more that. The more money we have, sophisticated. (Problem: "The ex­ the better we can send our teams," • Woodburn Hand-made Cheese territorial application of the fifth­ McDougal said, noting tha t it cost amendment right against self­ $2,800 to send the ABA teams (six incriminating. ") The emphasis people) to Toronto's national meet isn't on speed. Rather. it's a v£!ry in August. "What's new at the Farmer's Market?" intellectual, very refined kind of One of the two ABA teams sent pursuit where attention to detail is to Toronto advanced to the quarter­ Listen l\~ -W-F at 8:15 AM to WMBG-AM 740 important. Here you have to be finals of a 20-team national com­ persuasive, yet balanced," petition, only to lose to the even­ For the Farmer's Market Report McAuliffe said. tua,l tournament winner. South Me Dougal said the only prere­ Texas College of Law. McDougal quisite is that you are able to said he thought South Texas's vocalize an argument. which the team was financially supported by 'ast majority of law school its school. which makes it all the , lAlso for your convenience we offer Milk, Eggs Soft Drinks, ~tudents have learned to do during more imperative for a complete- tr , Snacks, Natural Cereals, and Salad Dressings all in our or before their attendance here. ly student-ruIi moot court . team IJ.'ce As in previous years. there will likeMarshall-Wythe'storaisethe tvear round, air conditioned facility conveniently located be an oral-argument component necessary funds, IJ . ~lose to Williruffi and Mary.

...... *' • . '. .- - .-.;. . (, I. ., t -I · , Thursday, September 8";198& - . , . •.•' ••••• '. ~ .• , •.••••• - . The Advocate Page Eleven 1L'8 One Up in PAD Opener

by George Leedow

Once again the legal boys and girls of SllIlWler were asked to drop their briefs and grab their bats for the annual P.A.D. SQ.ftball Classic. As always, this year s con­ test pitted the entering lL's against Marshall-Wythe's returning classes. This year, however, the Virginia breeze whispered '·upset. .. Behind the complete game per­ formance of pitcher Chris Lande, who lost his bid for a perfect game with one out in the first, the feisty first years extracted a 15-13 vic­ tory out of the tenacious veterans. Things looked bleak for the in­ coming class in the early going. - . ...". The 2- and 3L's posted a quick lead and had Mike Tillotson on the mound with his dreaded reverse palm ball. The first years fought back to an 11 -8Iead, however, as Tillotson gave way to ace reliever Bob Lewandowski in about the 6th. Lewandowski made a close shot at the win with his team tying it at 13, but gave two too many as the lL's took it 15-13. The upperclassmen opted to remove their catcher and play nine outfielders. Unfortunately for the vets. the defense gamble couldn't turn the trick. Some fine Law students look on in awe (or is it horror? ) of the athletic prowess of Scott Finkelstein. catches and heads-up fielding were demonstrated by both teams, This year's event was put but error overshadowed any together by Jeff Middlebrook - golden-glove efforts by either side. Justice of M-W's P .A.D. Chapter Few could remember how many (he got the beer). Jeff's comment runs were actually earned, after the game: " We won! " especially deeper into the second Justice is indeed blind .. . humm keg. baby. Stress Management

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Speaking Of Sports ...C~L ... AiliiiliiiiI - by Larry Schimmels Well, September is here again. September means Cleveland as always is the team many things to me. It means that the Cubs are at least AFC CENTRAL: FIEDS to beat this year, however, they do have some stronger It 10 games out with no hope once again. means that I competition this season. Pittsburgh is much better simply have begun my twentieth consecutive year in some sort by getting rid of Mark Malone. Houston played over their of school. It means that my flow is now reduced to zero. heads last year but at least they now know they can win. YO-UR But more importantly, September means that football Cincinnati might finally get back into the groove. This is season is here. Four glorious months of God's gift to by far the most even division in pro football. However, American men. It is only fitting that I devote my first col­ if they can keep everybody healthy, especially Bernie AD umn to football, specifically pro football. Kosar, Cleveland should fend off the other teams one more year. NFC EAST: I, for one, am stunned that the people who are supposed to know these things picked the Giants to win this division. Yes, the Redskins do have a tough AFC WEST: The race this year is between three IN schedule this year, and yes, it is virtually impossible to teams: Denver, Seattle, and L.A. Raiders. Denver has repeat in these days of parity, but that doesn't mean that been to the last two Superbowls and for that reason alone you can coUnt the Superbowl champions out of their own should be the favorite. Seattle has a very good team and THIS divisional race. Perhaps I am only betraying my intense continues to get better. They have a solid defense distaste for anything coming out of New York (or rather, (something Denver does not always have), and one of the New Jersey), but the Redskins are better than that, and best set of running backs in football. However with the the Giants are not that good. acquisition of Schroeder, the Raiders are now d~ngerous. SPACE The Philadelphia Eagles are much improved and will Quarterback was their only offensive weakness last year, be a force to contend with all season. They now have a and Schroeder fills in nicely. I have to say that the • very explosive offense because of some key acquisitions. Raiders will win this division. In However, I doubt that they have the experience, coaching Kansas City will struggle along much the same way as well as playing, to challenge seriously the Redskins they did last year, winning most of their games but los­ the and Giants this year. . ing the important ones. Finally, San Diego now has Babe Dallas is hard to figure out. The Cowboys in all pro­ Laufenberg, but that's about it. Still, he should be good bability will not ba a major contender, but they could be enough to win a couple of games. dvocat an effective spoiler. The key for them continues to be the Who do I think will win the Superbowl? That's another play at quarterback. If Dallas gets some solid play at that column. Please, one thing at a time. position, they will win several games. Phoenix has nothing, nof even a real front office who can at least pretend they know what they're doing, and ' ''<@>h*'~''Expose' '''''''Yo'urse:17r«*''N:''':~''* will be little more than a minor annoyance. If you have an intramural team and would like NFC CENTRAL: Many commentators look for exposure in the Advocate, "W"rite do"W"n the na~e this to be a close race this year, mostly because of the improved Vikings. But there are other teams which of your team, an~ a schedule, if available, in the should also be improved, such as Tampa Bay. They still are a few players away from being a major force, but hanging file of Larry Schimmels (3L). Be sure to they could provide some excitement to the black and blue include what sport in which you are par­ division. The team to beat, however, remains the Bears. Yes, the Vikings are improved. Yes, the Bears lost key ticipating. There is no need to do this until your players. Yes, the Bears have a question mark (as always) at quarterback. But yes, the Bears will win the division. team is assembled and the intramural season is Until the Vikings can beat the teams they are supposed near. to beat, and also win in Soldier Field, they cannot serious­ ly challenge the Bears. . . -~ ------_ ._------Detroit and Green Bay will struggle along once again. Green Bay is still looking for the reincarnation of Vince Lombardi, and even if they found it I'm not sure they would know it. Detroit only really needs to get some pro­ duction out of what they already have, but then that's aEROBICS Semester easy for me to say. Special NFC WEST: I cannot imagine that anyone in this division will overtake the 4gers. The race appears to be 1~sp $99 for second place between New Orleans and the Rams. The Rams should be better now that Everett has had a cou­ ple of years. New Orleans just continues to get stronger each year. However, San Francisco remains too versa tile both offensively and defensively. The 4gers can do too Aerobics Floors • Weight Machines many things too well for the other teams that have to play them twice. I really believe that the 4gers are even bet­ Showers • Coed Workouts • ter with Young playing. Atlanta, despite the team's great picks of the last Weight loss programs several years, remains several players short of serious­ ly competing. However, if they play hard and do the things they are capable of doing, they will once again Over 50 classes per week have the number one 0 two selection in next year's draft.

\ F C EAST : The winners of this division will either Call : e Buffalo or Indianapolis. Scary, but true. The Patriots - have an outside chance but I don't think they can beat 220-0556 Buffalo. Buffalo looks truly impressive. The Dolphins are Next to K-Mart onl treading water this season, and the J ets con t in ~ e to backslide. The only thing left to say about this division (Rt. 60 By-Pass) is that it is the epitome of poor parity in the NFL. ! ---~ ------