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1987 The Advocate (Vol. 19, Issue 5)
Repository Citation "The Advocate (Vol. 19, Issue 5)" (1987). Student Newspaper (Amicus, Advocate...). 166. https://scholarship.law.wm.edu/newspapers/166
Copyright c 1987 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers AMEMICA'S OLDUT LAW SCHOOl.
F oJ l ' SDED I ~~ 9
Marshall-Wythe School of I Law
Volume XIX, Number 5 Thursday, October 29, 1987 Eight Pages Nichol, George To Change Venue
By Felicia L. Silber said. However, although Denver Gene R. Nichol and B. Glenn and Boulder are only thirty George will leave Marshall-Wythe minutes apart, ichol and George at the end of the 1987-1988 school enjoy working together, and would year. Professor ichol will find being employed on the same assume the position of dean of the campus even more convenient University of Colorado chool of next year with the expansion of Law, located in Boulder. Professor their family. George hopes to iron George will teach at either the out a part-time work schedule to UniveJ;f:ity of Colorado or the accommodate her and ichol's University of Denver. baby, which is expected on When asked how he felt about ovember 18. George wiIl teach receiving a dean's chair 0 early labor law, civil procedure, or a in his career. Nichol said he had related course. She expre sed no mixed emotions ... Apprehensive, definite plans for the distant of course ... it is exciting and flat future. claiming that she could see tering to be chosen ... He express herself teaching or returning to ed deep regret about leaving private practice in years to come. Williamsburg. a place he said he Both George and Nichol men has come to enjoy greatly. and tioned the great emotional about leaving the friends he has rewards of teaching, and noted found among the faculty and the with pride the excellence and in student body. As a "mildly creased prominence they feel the amibitious" person. he could not law school has achieved in the turn down this opportunity. years they have been as ociated although he feels completely hap with it. "This is due in large part py with the Cutler endowed chair to the student body", said Nichol, which he presently occupies. He who al 0 cited the excellent facul looks to his job in Boulder a a ty. They said they hope their cnauenge, a cnance w wear a tenure" here have eontt-ih d to. slightly different hat in the legal Marshall-Wythe's increasing profession. This does not mean, reputation and added that they ex however. that he will begin wear- . pect to hold their annual party for ing a tie every day. He appeared the first-year class in April, so It is with great regret that we announce our resignations from the Marshall amused at the prospect of being their contribution cannot be ~ythe faculty at the end of the 1987-88 academic year. Professor Nichol will younger, and less formal, than doubted. Their approachable de become the new dean of the University of Colorado Law School on July 1, 1988. many of his distinguished col meanor and enthusiastic instruc Professor George will be teaching at either the University of Colorado or the leagues at Colorado, and said he tion have made the school a more University of Denver. ~e have enjoyed our years at William and MaLY and have plans to continue to teach one class hospitable place to study, and they a great deal of affection for the students of this institution. we have a year, most likely his specialty, will be sorely missed by all. appreciated your friendship and your support . Federal Courts. He regrets that he Professor George would like to will not be teaching any first-year continue the counseling she has students, as he evidently enjoys done with battered women in the his present class. Williamsburg community in' an Both professors are concerned analogous capacity in Colorado. about the possible problems that Professor Nichol plans to remain would accompany George's accep an active academic, retaining his tance of a job in the Colorado scholarly reputation while taking faculty. "I wouldn't want to be on major administrative seen as . the dean's wife'," George responsibilities. r----Chasers-----~ State Lottery In• the Balance By Phillip Steele would also take money out of Virginia, through contracts with Depending upon whom you out-{)f-state firms for supplies and believed at last week's debate, a administration of the lottery. lottery in Virginia will either in· Economist Marcia Whicker of crease illegal gambling and pro Virginia Commonwealth Univer yjde another avenue for organiz sity looked at the lottery from a ed crime or simply put more business perspective. With an in money in the state's coffers and tersta te economy, she said, entice Virginians to keep their lot money from the purchase of tery chances in-state instead of many goods leaves the state of taking them out-{)f-state. Virginia, but the sale of these Twenty-seven states and the goods is not prohibited. District of Columbia have In what he termed "a balancing lotteries-a selling point used by act," Richmond Attorney and State Sen. William Fears CD former Pennsylvania state Accomac), one of the sponsors of delegate Richard Chess agreed the lottery referendum bill. He ...~ . Continued on Page 4 ... said that Maryland's, West i... Virginia's and the DistriCt of Col III umbia's lotteries are drawing riNSioE·THis-iSsU8 Z millions of Virginians' dollars: "I ;"c our t Mar t' la I ...... p. 5 :.• ~ want to keep that money in :. Prison Reform ...... p. 3 :. Virginia." Eighty participants showed off their athletic abilities in the Ninth Annual Ambulance Cbase. Both 5k ~Little Willy ...... p. 7: Opponent Del. Harvey Morgan and 10k races produced winners among the M-W student body. For race results, see page seven. ~Bench Classics ...... p. -1! tR-Gloucester) said a lottery :-...... : October 29, H187 The Advocate Lett~ers to the Editor Inter Alia Frivolous Case Shoot Dear Editor: As a law student myself, I find Initially, I would like to it necessary to digress into case Lottery No apologize, especially to those of law in order to adequately ex at Will my ilk, for I am writing a serious press my thoughts further. Upon letter in order that I may be reading Mr. Murphy's constitu Dear Editor: understood by a segrrient of the ' tional claim a number of weeks Bonus Marshall-Wythe population ago, an analogy to the case Bers tein v. Menard, 557 F . Supp. 92 After reading Will Murphy's previously unreached: the humorless. I have been accused (E .D. Va. 1983) came to mind. In response to letters by Peter Burr, this case, a high-school student Steve Fraizer, and Tom Kohler, I of using the time-honored political The lottery war continues to rage most heatedly in and his mother sued the school, have come to the conclusion that device of personal attack. Unfor the final week of campaigning for the November 3 pro tunately, I feel that I have been the school board, and the band Will not only lacks maturity, but posal. For most of those who have jumped on the lottery unjustly accused. director for a violation of the stu a sense of humor as well. bandwag"n, it is not for the sake of state benefit. It is If Mr. Murphy and his sup dent's civil rights under Section for the moti ve of personal gain. How else to explain the porter weren't so self-important 1983 for an alleged "frivolous and Unofficially yours, they might have realized that not vexatious" demotion from first sim pIe dismissal of con-lottery concerns? Phil!ip Lingafelt every letter written to the Ad chair trumpet to second-ehair vocate was directed at them per trumpet. The suit was dismissed P .S. I disagree with Tom Kohler's sonally. Granted, Steve Frazier, with an award of attorney's fees Countless articles and legislative representatives selection of Paul Shaffer as our master of the personal attack, ex under Rule 11. have urged the need for the lottery in lieu of an increase graduation speaker. I would opt ecuted a brilliant coup de main Having been a member of a in the state sales tax. Boasts of revenue increases from for the other Schaefer (Elmer), so with his accustomed panache, high school band, I do not doubt that we may finally conclude our the lottery topple onto the $500 million mark. Those However, in my own mean way I that the poor guy had been wrong discussion of Groves v. .John attempted to use satire to il ed, just as Mr. Murphy has pro estimates fail to take into account many things ... most Wunder Co.; or was it Idaho lustrate that Mr. Murphy's bably been wronged. And I'm importantly, the human factor. Statistical data of pro Power, , . behavior was only the most re- sure that Mr. Murphy would jected revenue based on other states ' experiences and cent example of a tendency of the agree that civil rights are impor based on how Virginia players wouldTeact are not suffi legally trained mind to depart tant as the first amendment. But cient to justify the workability of the lottery. Virginia from reality. Continued on Page Six players are inexperienced. Virginia-imposed advertis ing restrictions will limit the outreach of tQe lottery. Grown Up, Talk Virginia has less-populated urban cities than other states Another first year, Darren In conclusion, I would like to with the lottery, such as California, Washington D.C ., Burns, wrote an editorial which say something about the allega Dear Advocate: seems to be directed at Tom and I tion all of the above people seem Massachusetts, Michigan, New York, and Pennsylvania. me, The editorial seems to be ask- : to be making about the degree of It is from these cities that the largest amount of lottery ing us to become pompous and seriousness with which I ap I suppose everyone knows why proceeds stem. self-deluded: in other words, like proach the process of legal educa I am writing- to answer the the majority of the staff of the Ad lingering debates on the Will Mur tion. I came to law school because vocate , we will not do it. In the I was fascinated by the fact that phy problem which were aired in letters we have written there has the last issue of the Advocate. I the law is important everywhere been refusal on our parts to flex and to everyone, and that maybe The Free Enterprisers Against Lottery propound hope this will be the last time I our new-found legal knowledge. I would be able to do some good have to address this subject and some convincing arguments. No state has ever reduced We respond to things on more of somewhere down the road. I did can return to a more important taxes because of lottery revenue. Legislative analysts a gut level. We are trying to be not come here to get fodder for predict half the proposed revenue, resulting in only a 2% issue: the hatchet job on Bernie real people. Sometimes we try too Corr, for instance. For the pur cocktail party conversations or so hard, but at least we try. There I could Latin increase in the state's $19.7 billion budget. That is stret pose of this letter I am siding with that learn to use ching it. Large lottery states are taxed 1/3 higher than are plent)' of people at this institu phrases and kick my little feet Tom Kohler, and I now know the tion who are paid to expound on Virginia. Lottery states suffer an increase in property uneasiness that Roosevelt felt and yell "First Amendment," legal issues, and Tom and I are whenever someone told me I crimes. when he had to align himself with not among them. We are goofs Stalin in World War II. But since could not do something. I made and proud of it. my decision to attend law school both Tom and I, along with Peter The third person I would like to Burr, were maligned by Will Mur when both Mr. Murphy and Mr. address is still another first year, Pethybridge were still having phy and Tad Pethybridge ( ? ), I But the average Virginian can come up with addi Tad Pethybridge. Tad, I will say their milk money stolen by the big tional grounds to vote no. Illegal bookmaking and feel that I must Speak for both of only two things: first, get a real us. kids. (And in Tad's case, this organized crime will increase, regardless of whether the name, then maybe someone will might still be happening.) state will run the games. These foes have increased in take you seriously, second, why Peter Burr recently told Will are you defending Will Murphy? As always, every lottery state because better odds are offered and Murphy to grow up. I think this is He hates you! Steve Frazier tax-free winnings are possible. It is a long path from the an improper directive. No child ticket dispenser to the state coffer. Gambling leads to could be as pompous and addiction in weaker players, thus resulting in more state humorless as Will Murphy, and also I ne ver met a child I did not reform programs. Families spend more money on tickets Ii k e .'!'he more correct demand and less money on necessities, resulting in more crime would be, "Will, lighten up," or, and a need for increased law enforcement. Those with perhaps, "Get a personality." Muslull-Wytbe School of Law money will play and those without it will find the money Will might say, "This guy doesn't to play. The costs of implementation alone are stagger know me and he's knocking me." . Well Will, I do not need to know EDITORS IN CHIEF ....Gerry Gray. B. Kimbertie Young ing. And the citizen who believes all these expenses will you. My father used to say, " If it Managing Editor ...... •...... •...... ••...... Cberi Lewis affect them is right. The general public's pocket will walks like a duck and talks like a Copy Editors ...... P ... ee.sllnck. RGbia Bnwder, suffer. duck, it's probably a boob. " Will , Rebb Stann you have definitely walked like a News Editor ...... •.•..••••.•.....•..••••••..•••.•.. .s&eve M.aoy duck during your first semester of Sports Editor •...... •...... ••.•....•...••.••.•••.•..•••.••. Darrea BtIrns law school. Pbotograpby Editor ...... •.....•...... •...... Mark Raby State lotteries have funneled money into education, Repocters ...... PItiDip ~ St2vea Mister, human-service programs, farm reform, industryattrac Additionally, Will Murphy total Jeaa Bena. JolillIlIla GroepI. tion, and recreation. Supporters of the lottery offer this ly misunderstood the point of Cadly Lee, Joe Budsea. Tom's letter. He mentions that Pa. Barker, Karin Horwatt cornucopia of benefits in return for your vote. While this Tom stated one of the problems Photographers ...... Lee BeDder, Ruldy IlepdIeck, is an attractive offer, there is no solid evidence it will with the legal profession is that Rodaey wmeu. BreHa Williams happen. Any lottery revenue would go into the state's lawyers create problems so as to CollllDDists ..•..••.. : •..•••..•.••..•• _ •.Mike DavWse.. Jeff Yeats, general fund and would be subject to political add to their incomes. Will points Will MlII'pIly manipulation. to the fact that he made no money Production •...... •...... •...... •..••..GI'e« Paw, Amy Birtdmer, in this deal as proof that Tom does Elizabdlt . ~~ Ray G~pet-, not know what he is talking about. _ Neal McBI"ayerl What Tom spoke of was the BuiDess Manager ..... - •...•••...... ; •• :._ •••.••... .s..a. IIIlbciiaa Do not be blinded by the dollar signs, instead look perverse ability of some people to at the facts and decide if they support your view. While find an injury where one does not these negatives may be overwhelming to some and ex exist. I can imagine Will lying Published eve~ other Thursday during the academic ~xcept during ex and vacation penods. Funded in part by the Publications Council of the Col aggerated by others, they are real. Let those chance awake at night, wondering what ege of William and Mary. inclined Virginians go to neighboring lottery states, such silly personal problem of his he Opinions expressed in this newspaper do not necessarily represent t can make into a public issue. It is f the entire editorial board or of the students, faculty or administration of t as West Virginia, Maryland, and D.C., and let those this construction to which Tom arshall·Wythe School of law. states deal with the consequences. spoke. While often this problem Lelte!'s to the Editor should be typed at doI.tlIe-spacej on 8 YVCll paper. The 'ne for Inclusion in the Thursday ecition is Wonday at 5 pm. The Adwocate manifests itself as greed, some, e5efVes the righ. 10 edit submission for reasons of space and clarity. like Will, merely have a chemical - H.K.Y imbalance. ' . . . : .' Pfint~ by, tile ViIgini;'l .Gaz~e . The Advocate Thursday, October 29, 1987 Page Three Brevitendium rom The Right By Jeff Yeats with five minute breakS only for Here's to the debut of the Wail medical necessities. ing Cats Saturday night. I Prison Reform When I heard the first rumor, I couldn't make it but my chief said, "That's too perfect." Something happened out on the music source Steve Frazier gave When I got the official word I law school lawn Saturday. They the Cats rave reviews. y Mike Davidson said, "I shoulda known." tried to keep it all covered up with Don't worry, Gene, I'm not go big white tents. I hadn't the time Depending upon whom you ask, anyone, anytime, anywhere. If ing to get all mushy-touchy-feely. to investigate but on my way to I am also told that gambling it now costs as much as $30,000 a _they survive, they are paraonea I just want to say we should all the library that night I heard a pros and cons can be manifested year to incarcerate the average for all crimes and receive French have such wonderful things hap voice in full froth, screaming by all diligent Virginians on Tues American convict. The number of citizenship (nothing to get too ex pent to us. Have a good life out in "Repent you sinners, repent... " day. Get in there and vote on that convicts has risen to such a level cited about). Historically, the the hills, we II see you three in the lottery, folks. that the prison system is being Legion has been France's single Spring of '89. stretched to the breaking point. shining star on a battlefield full of While we're on the subject, I'd New York City is seriously con quich~ters. like to caution our third-year col I personally don't care. If I'm Sidering re-establishing prison The advantages of an American Ed Shaughnessy is officially leagues. As if you didn't already still standing on Tuesday it's on ships in its harbor for the first version of the legion are boycotting the Power Lounging know, Wednesday, November ly because I'm looking for a soft time since the revolution. numerous. First, we can reduce competition. It seems the 4th, you're on your own. place to fall. This Brief business The ACLU types tried to solve the prison population and, as a wonderous moustache was put off is just not my conception of fun. the problem by "rehabilitating" result, taxes. With a force of by the prospect of hourly breaks At least I know that by press time the dirtbags. When this failed, so American's finest gangsters in and an entire weekend devoted to So, why does Tim Murphy tool it will be nearing completion. meone, probably the CIA, in uniform, we can cut defense spen the affair. around town in his light cream Right, Larry? troduced AIDS to thin out the ding without sacrificing wor Said Shaughnessy: "I think it's Buick with a sail board constant prison ranks; but this, too, failed thwhile expenditures like sm and a great cause and all, but I've got ly atop it? Is this an obsession or as the convicts became more incentive pay for military a real problem with their timing. some sort of lewd advertisement? Larry says, "Right. Get me discriminating as to whom they lawyers. They would provide a If they started on Sunday and ran Murphy says he does NOT hit another beer. ' raped in the showers. Another military option somewhere bet it through Thursday afternoon, the waves every day after class plan which, although good con ween committing regular troops I'd be all over it." and he certainly doesn't need the ceptually, fails in execution. on one hand and something as for The 9Urrent scourge of publicity. Bruno's problem is That's my partner ... Excuse me Desperate situations dictate midable as nuclear weapons or Williamsburg's criminal com common to all apartment while I step out for another twelve desperate solutions. I propose we calling in the Coast Guard on the munity suggests an Ultimate dwellers, a severe lack of storage pack. take our more promising hoods other. Best yet, if they take Power Lounging contest, 72 hours space. and form an American version of casualties, so what? There're the French Foreign Legion - an plenty of ACLU rehab failures enlarged "Dirty Dozen" of sorts. available to fill the ranks. The merits are numerous ; and if What a magnificant war it worked for the French, it can machine this would be. It would Baby Barristers work for anyone. have to be commanded by a sim The French may be polite ple man, not necessarily a By Will Murphy tion. You would think these apartment. These same Iily (after all, they built an Arc de Marine, but someone who can students would have learned their livered, bleeding hearts point out Triomphe for the numerous in foc us on winning rather than con According to The Flat Hat, local lesson and that they would be that whether or not the residents vading armies to march and cerning himself with all this pan authorities are concerned about grateful for the restraint the police of an apartment cook together or · goose-step through), but, let's sy casualty stuff. Perhaps a the number of students living at showed. After all, they did call off are related is not the issue. But, by face it, a nation of warriors they Marine would work after all. Governor's Square. They think the air strike and held only two golly, that is what the law says. are not. Germany alone invaded Imagine a company of New that there are too many of them people without intent to charge We've all got to take our orders. France three times between 1876 York City's most pugilistic street and they want to enforce a statute them with anything. They even let We should ask ourselves, "What and 1940. They have been bested gangs roaming the subways of that restricts residency to one the students celebrate the end of would Ollie do?" Would Ollie take by the Brits, the Vietnamese, and Tehran. What better intelligence family per unit. A family is defin- the hostilities - as long as they some pansy way out like issuing even the Mexicans. Their military gatherer than a pickpocket? What eo by tile statute as two o~ 1UUl-':> didn't =lebn>.te out:>ide, in £ront of parking stickers? Hell no! We've blunders are unrivalled, with the enemy soldier could withstand the peop1e related by blood, marriage, the window, etc. got to teach these kids, once and possible exception of the Italians interrogation of someone who will adoption, or guardianship· two But nooooo. These ungrateful for all. I propose that we make who managed to allow not only beat you, but threatens to unrelated people living or cooking brats think that just because they some midnight bed checks. We themselves to be humiliated by rape you afterward? Who better together with "two or more related pay rent they can live in an apart might even catch some Commie the Ethiopians in the late 19305. can appreCiate the notion of people; or no more than three ment. The result is that there are bastards in the middle of their con France's best warriors have been fighting for life, liberty, and the unrelated people living and cook- so many cars parked in Gover- - spiring. We can round up all of imports_ Napoleon, probably the pursuit of happiness than a serial ing together." nor's Square that authorities fear these un-American sieazeballs and best if not the only brilliant killer on death row waiting to ormally, I"d be a little skep- that there won't be enough access sell them to China . Then we take French general, came from Cor meet ole " sparky"? Picture tical about what police (badge or for emergency vehicles if they are the profits and use them to back a sica. France's best unit was, and Charles Manson in uniform. Im no badge) had to say about college needed. coup in Cuba. Some people will still is, the French Foreign agine Doctor Mueller as the students. But I have read about the Some might argue that there are say, "But that's unconstitutional. " Legion. regimental surgeon. efficient way they controlled the better ways to handle the problem. These are precisely the people who These modern-day centurions Prisons are America's greatest military coup that some of the Fire lanes and no-parking areas should be checked out. They just are convicts of convicts, outcasts, untapped source of military undergraduates attempted on Ac- could be set up and enforced_ don't,understand that we're trying expatriates, and adventurers and talent. Instead of pumping all that ceptance Day, disguised as a Parking stickers could be issued, to protect democracy here. I think have been protrayed by no less money into our overcrowded harmless fraternity/ sorority func- restricting them to so many per it's a neat idea. than Gary Cooper, Telly Savalas, prison system, let's draft them all Burt Lancaster, Anthony Quinn, and put those criminal minds to nd Marty Feldman. Enlisting for work for American. After all, a A Chewing Out 6 or 7 years, they will fight mind is a terrible thing to waste.
Dear Advocate, is just a little more discretion by Not everyone drives 55, mattress There is a virulent scourge cur everyone eating. tags get torn off, and people don't rently sweeping through the always shelf slip. I've even broke library carrels of this school, a few state laws with the help of BEYOND9T05 growing faster than a mold ex Just a few extra considerations a consenting adult. Eating in the periment in a bad jar of mayo. are needed to avoid the library won 't stop, but it will get I'm talking about food, right here possibility of bringing on library a lot nastier if discretion and con in Bookwormburg, USA. It seems police and a vigilant guard at the sideration of others are ignored. there are a growing number of door. Remember this isn't the For those who have to eat and late-night students wbo require an lounge, so don 't leave empty cups drink it will be a lot trickier to pull accompaniment of carboes to and cans in the carrels, five feet off. For those who don't partake maintain their academic edge. from the nearest trashcan_ I it will mean more hassles, Luckily for them the staff has so understand cellophane wrappers distrust, and friction in the far been slow to rise to this pro can be triCky when trying to library. vocation, but remedial efforts, understand perpetuities. Try to be when they come, will probably be considerate of others' concentra AIl I'm asking is that every harsh and not a little annoying to tion. A rattling bag of chips is like dedicated muncher treat the issue students, munching and non the sound of an electric can-· the way a good CIA covert opera The need for fast. quality copies doesn ·t stop at 50·c1ock. munching alike. opener to a cat, you just can't ig tion is supposed to run: quiet and _-\nd neither do we _Kinko·s is open early. open late. and nore it and block it out. neat. open \reekends to take care of all of your copying needs_ I am realistic about this pro blem. It's not the worst issue at This isn't a perfect world-it's AI AIbiston present, by far. (Don't even get not even the place I'd start one. me started with comparisons: someday I might want to run for public office.> Law students have +++++++++++********** been 'eating-in" for years; this If Shakespeare Were Born In Brooklyn 513 Prince George Street ~ continue. as long as alI- Avon - Shall I compare thee to a summer's day? rughters remam a staple of the h academic diet Whatisnecessary T OU art more lovely and more temperate. Behind Sorority Court . _.. _ . . _ __ . _. : .F:'Ja.tbusl:J _-"- Yo, I:IQt Stuff- Nice Juggs! Page Four Thursday, October 29, 1987 The Advocate .BEN-CH Lottery Continued From Page One and the location of outlets." ac, opportunity for a profit of 40 cents that money was leaving Virginia cording to Fears. on the dollar "would not i:>e con sidered wise." but she said the social and This control is important, C·LASSICS Wllicker said, i:>ecause studies of Maryland wjth one million less economic costs of a lottery are not Selmon v, Hasbro Bradley, Inc., No. 86 Civ-8260 (S.D.N.Y. worth the revenue generated. other states have found reyenue in population than Virginia, took Chess listed three factors which is sensitive to the prize amount in $750 million last year with its Sept. 16. 1987). and the availability of outlets, but lottery and 375 million went into "Wuzzle" a judge do when "What" the facts show is an he said outweighed any revenue a lottery will bring in: addiction generally a lottery can generate the treasury, according to Fears. irresistible urge for some fun? He will do what Federal to gambling and resultant par two to four percent of a state's "I think \'irginians are similar in District Judge Gerard L. Goettel did in this recent ticipation in illegal gambling. revenues. attitude to Marylanders. so I organized crime playing numi:>ers Chess attacked the claims of think we can duplicate their ex opinion: perience." games keyed to the lottery, and proponents that a lottery, will Once upon a time in a land far, far away, lived marginal stores going out of generate S400 million in revenue. Morgan summed up that the strange but cuddly creatures that became involved business when the neighboring He said in Pennsylvania, a lottery lottery would i:>e bad public policy in a struggle for identity. In "Whatland" ... lived stores get the lottery concession state with double the population - "the government will i:>e pro for their area. of Virginia, it took four years to moting gambling," bad social the "Whats." In the land of "Wuz" lived the reach the $400 million mark. He policy - "because it promotes the "Wuzzles." We don't know where "Wuz" was, but Wliicker rebutted Chess, saying that illegal gamblers are not in said initially $100 million in thinking that you can get we are told we could get there if we "snuzzle a Wuz fluenced by legalized forms of revenue would i:>e a more realistic something for nothing," an bad zle. " gambling and that, from an expectation. economic policy - "because Even by a lii:>eral estimation. there would not i:>e a good return The "Whats" and the "Wuzzles" met when the creators economic persepctive, stores can not i:>e driven out of business Morgan said the lottery would put for the investment. ' discovered similarities between the two. Both had names simply by losing lottery fran 40 cents of revenue in for every In an oft-mentioned point and characters of two different animals combined into chises to a competitor. dollar taken in, the remaining 60 directed at the morality issue, one, i.e. Butterbear (butterfly and bear}. The Plaintiffs, The amount of money cents i:>eing plowed back into ad, Whicker said lotteries were used generated by lotteries was the ministration and prize money. to finance some of the construc creators of the "Whats alleged violations of federal "It's expensive to run a lottery tion of William and Mary and and copyright laws and unjust enrichment. Defendant "Wuz subject of controversy throughout the debate. Fears said if the vote and control potential abuse, ' he' have a long tradition in zle" creators moved for summary judgment, attorney's on ovemi:>er 3rd is for a lottery, said, adding that money spent by American. She said there is no fees and sanctions under the Copyright Act, 28 U.S .C., 1927 it would i:>e administered by a people on the lottery would hurt evidence that lotteries increase il and Rule 11 for frivolous and vexatious litigation. The five-person board appointed by local economies. legal gambling, that if more court has this to say: the Governor with the General Whicker said the low amount of revenue is needed a sales tax in, Assembly's consent. The board revenue generated in its early crease would i:>e more regressive This battle on high between creators has filtered would i:>e headed by a director. years is not a reason to forgo the - hurting lower income families, down to us in this "What" -less and "Wuzzle" -less "The board would have great lottery entirely and that a and that having diversified latitude in setting prize amounts businessperson who ignored an sources of revenue is considered land of White Plains. The questions before us .are good fiscal policy. really quite simple: Just what s a 'What," what's the similarity between a "What ' and "Wuzzle," and "Wuzzle" we do about it? LeBel on Libel The court found that the Plaintiff did not meet its prima by Will Murphy "Vanna-White Law". He explain game was televised at the same facie burden of proof. Although there was some concep Professor Paul A. LeBel led a ed, " If it could be an answer on time as the presentation was discussion of freedom of speech on 'Wheel of Fortune' it probably isn't made.) No arm-twisting was ap tual similiarity between the two creatures, the court did a helpful rule." not find subst.antial similarity in the expression of ideas October 22 at the Williamsburg parent. "Events like this are an Regional Library. The discussion LeBel was asked about his views important part of the role of a law and the defendant ' ~ "Wuzzles" did not capture the total focused on the topics of lii:>el and on the suit instituted by Jerry school," stated LeBel. "It is too concept and feel of the plaintiff's works. The summary obscenity. The presentation was Falwell against Hustler publisher easy to i:>ecome isolated from real judgment motion was granted but attorney's fees and part of . 'The Supreme Court, The Larry Flint for printing a liquor ad people [as oppo ed to law Bill of Rights, and the Law, " a which implied certain things about students]. " sanctions were not awa'rded because "this action 'wuzn 't' Falwell, his mother, and an sufficiently frivolous or vexatious." series sponsored by the Virginia There are two presentations left Foundation for the Humanitie . outhouse. LeBel predicted that the in the eries of lectures. On the Williamsburg Regional upreme Court will split 4-4 on the :\io\'ember 5 Professor Gene Happy Halloween! Library. and the Institute of Bill of case. "Had Bork i:>een confirmed. ichol will speak on "Due Pro Rights Law. there would i:>e a wholesale assault cess, PriYacy and Personal LITTLE ROCK, Ark., Nov. 21 - A lawyer has ask Participants received a booklet on the First Amendment." He add Autonomy": on 'ovemi:>er 12. ed that Satan be dismissed as a defendant in a federal containing introductory material. ed" "Jerry Falwell suing Larry Dean William Spong will address commentary. and abridged ver Flint is the Legal equivalent of the "The Public's Right to Know". lawsuit here, contending that the devil does not do enough Army-Navy game. With two peo business in Arkansas. - sions of landmark Supreme Court Both events will i:>e at 8:00 p.m. in opinions. The free- peech section ple so detestable, all you can hope the Arts Center Theatre of the John Wesley Hall Jr., the devil's advocate, asked U.S. for is that they both lose badly." contained :\'ew York Times Y. Williamsburg Regional Library, at Professor Gene Nichol, Director !District Court Judge George Howard Jr. on Thursday to Sullivan (1964 ), Miller Y. Califor 515 Scotland Street. Admission is !drop Satan as a defendant in a lawsuit filed by Ralph P. nia (1973 ). and Board of Education of the Institute of Bill of Rights free. For more information. speak \'. Pico (982). Law, said that LeBel had to i:>e all with Millie Arthur at the Institute lForbes of London, Ark. but dragged to the lecture. Ap Forbes an unsuccessful candidate for the U.S. LeBel's presentation was rather of Bill of Rights Law (253-4120 ) or scholarly. but the use of occasional parently. he had agreed to it the reference staff of the Senate, filed the lawsuit on the day before Halloween, "LeBelisms" . a rhetorical form before he knew that Minnesota William burg Regional Librarv seeking to bar public schools from observing the rites of with which his students are would i:>e in the World Series. (The (229-7326 ). ' Satan on the holiday. familiar. helped keep the interest Forbes filed the lawsuit on behalf of himself, Jesus of the audience. Many of those at Christ and minor children. tending were high-school students. The defendants named were Satan, some units of The Miller case dealt with the BentonBoasts Best Brief question, "What protection should This past weekend Mar hall Puerto Rico to Texas to California. government, the Russellville School District and a state i:>e afforded to material that is Wythe's Benton National Moot This year's tournament topic was education official. 'obscene'?" This led to the ques Cpurt Team. Yvonne Griffin. Lee "Private Employer AID Testing In seeking the dismissal, Hall contended that there is tion. "What is 'obscene'?" Accor Byrd. and Rodney Young. cap of Employees." The Cleveland no proof that Satan transacted business, owned property ding to LeBel. Justice Stewart tured second place and were judg Marshall Law chool. Cle\'eland or committed any torts in Arkansas. answered. "1 know it when I see ed Best Brief at a tournament held Ohio, was the overall \\inner of the it." LeBel referred to this as at the John Marshall School of tournament. Law in Chicago. Rodney Young Their winning brief will be won Best Oralist for the tOurl '1- published in the John 1arshall ment. bringing home for Marshall Law Review. Young won a three Wythe a $1 ,000 scholarship. volume treati e on Privacy and Thirty-four schools participated. Griffin and ByTd won t\.\,·o two MUSIC CENTRAL with teams coming from Maine to volume sets of reference books. THE ...... RECORDS 51i PRINCE L\PES GEORGE STREET Cm1P,KT BAND BOX \\'ILLIAMSBURG Have A Scary DISCS 229-8882 Hallowee'n!
...... ~. . '". -- The .-\dvo<: ate Thursday, October 29, 1987 Page F-ive -W Court-Martial Verdict on Target
~. !:>iil Hicklin \\itnesses in order to make'ut the case tha t the accused had. while on sentry duty. allowed a n Bobb\' Benotz was convicted unauthorized person to enter th.z cf dereliction of duty and use of warehouse he was guarding and marijua na by a court martial con remove some one thousand ducted at ~1arshall - Wvtbe las l dollars' worth of military equip Thursday. The mock trial was car· ment, and that the accused had in r ied out by members of the Marine fact aided him. The "unauthoriz ~ ' udge Advocate G€neral Corps as ed person," the first witness. had a recruiting demonstration and already been convicted by court presided over by one of the home martial of the theft. The testimony team. Major Fre<.tt:ederer, USAR. indicated that the accused had "Lance Corporal" Benotz, seen the thief and "waved," and at played by second-year Bob Lewan· one point had opened the gate for dowiski. was charged with three him when his arms were full. specifications under the Uniform Defense counsel, CAPT Mark Code of l'v1ilitary Justice. He Bourdon, also of Camp Lejeune, entered a guilty plea to the charge managed on cross to show that the of violating UCMJ Art. 112 (a) by accused had nothing to do with the using marijuana. "such use being 'planning of the theft and never indicated by the presence of the shared in the spoils. metabolite of the psychoactive in The members of the court took gredient in marijuana, THC, in the ten minutes, all the time they were lJOdy of the accused." He pled not allowed, to reach a verdict: guil Captain Jim Hurrican and Captain Mark Bourdon took part in last week's mock court martial. .5uilty to one speCification each of ty of dereliction, not guilty of in rate to Private E-l. discharge, this being a special, not follows the Federal Rules of dereliction of duty under UCMJ larceny. At this point the jury was When all was over, the a general, court-martial. (they dif Criminal Procedure and of Art. 92 and larceny under UCM.1 informed of the guilty plea to the sentence was exactly the same as fer in that a special com requires evidence. It is true that the jurors Art. 12l. drug charge and the sentencing that "awarded" (imposed) at the only three, rather than five, are selected by the convening of The pre-trial hearing and ar· hearing began. Both sides real court-martial the previous members of the court). ficer but counsel get two pre raignment were followed by the presented background history in week. This, even though the real The court made extreme ef empts and unlimited challenges empanelling of the members of the aggravation and mitigation, and accused had been convicted on all forts to be fair and impartial. At for cause. court (the jury), provided by the jury again retired. Within ten counts. The maximum penalty every turn the accused was After the trial Professor William and Mary ROTC. The pro minutes again the sentence was could have been the demotion, six reminded of his righs and asked to Lederer characterized the pro secutor CAPT Jim Hourican of returned: four months' confine- ' months, and forfeiture of two reconsider his guilty plea. The pro ceedings as "the fairest in Camp Lejeune. introduced three ment at hard labor and reduction thirds pay, with a bad conduct cedure, in fact, in most ways America, perhaps in the world.': UNCITRAL Aims At Uniformity By Jon Hudson Professor Andrew Spanogle ted work on a convention on inter- will have produced a broad set of plenary meeting provide plenty of slowly, and forcefully. almost gave an informal talk on his work national negotiable instruments to rules to govern international opportunity for members to add to everyone in the room can unders with the United Nations Commis- the General Assembly for adop- business from the initial contract the years of compromises which tand his point without the possible sion on International Trade Law tion. This November, Spanogle through all the forms of credit and are the hallmark of any interna- confusion of translations. l UNCITRAL) on Thursday, Oct. and his fellow delegates will begin transfer of funds . On January 1, tional agreement. Among the questions to 22. The event was sponsored by the work on a convention on electronic 1988, the Convention on the Inter- Professor Spanogle identified Spanogle after the talk was. "What International Law Society. fund transfers (EFT.l national Sale of Goods will take ef- two great benefits in persuasion was your hardest issue"" The panogle spent major portions The latter convention will cope fect with conventions on and compromise which he has as ready answer was "Deciding the of the last fi ve years heading the with come staggering problems. negotiable instruments and elec a U.S. representative. First. the question, 'What is a guarantor United tales Delegation to a The EFT system must handle tens tronicfund transfers to follow . The State Department assembles a guaranteeing?' " It seems that United Nations Commission of trillions of dollars per day, Toronto Diplomatic Conference of study group of attorneys and : bankers and lawyers from discus ing the niceties of commer- throughout all the varying legal 1988 will launch the Convention on bankers who keep him abreast of common-law backgrounrls take cia I paper as it is used andfmancial systernsin the world. lnternationalLeaseFinancingand their latest concerns in the subject "guarantee" to be a certification internationally. There are 36 regular delegates to International Factoring. Once the area. He then translates this into of credit worthiness, while those Spanogle is a visiting professor the convention (the Chairman, process is finished, a sort of basic what he tries to persuade the from a civil-law background take from the University of Buffalo representatives from the '"Big U.C.C. for international trade will . delegates to do. How well he suc- it additionally to include such teaching Sales and Payment Five," and 30 others chosen by be in place and the U.N. will have ceeds at this task directly affects things as the authority to make the Systems. He was bor-n in Newport region of the world) as well as 10 lived up to one of its most signifi . the ease "lith which the treaty may guarantee and the authenticity of News, received a Bachelor's or 12 observers from countries and cant' responsibilities. eventually be ratified, since these the signature
Attention Frivolous Last week, a marketing research group at the law school conducted focus groups to explore graduate Case ENTERTAINMENT CALENDAR students' housing preferences. Tuesday, Nov, 3 - On Thursday, October 29, you will find a survey in Continued From Page Two Bill Mulroney the issue here is not the wrong your hanging fil e which responds to the opinions that the Tuesday, Nov. 10 - focus groups expressed. Please complete these surveys. itself, but the ability of an at torney to recognize frivolous Straight - No Chaser claims and move past them. The issue is also the personal em Wednesday, Nov. 11 - The marketing research group needs to hear from all barassment and the damage to to assess accurately your preferences and demand for on the integrity of the profession as ($2 cover) a whole which results when, as a .EmU, Peter, Tony, and Glenn campus graduate housing. member of the bar, Mr. Murphy files his own version of Bernstein INOOOIt CARDEN ~ sc:onAND ST. DININC DD-)«J5 v. Menard. 10 p_m . - 1 a.m. Please complete the surveys and place them in the So it was not Mr. Murphy per sonally whom I attacked. but his box marked ' 'Housing Survey", loca ted next to the hang propensity, and that of others like ing files. Thanks for your cooperation. him, to make the rest of us look like fools. As for his cooties, no one would have known if he hadn't told us himself. Tom Kohle-r The Advocate October 29, 1987 Opening Day Deer To S0111e By Stephen Lee Little Willy's As deer hunting season ap proaches rapidly, my thoughts creekbed of a ravine, and there I My brother had to cross on a wire turn to seasons past. Remember would enjoy listening to the creek suspended over it while hanging ing my experiences in earlier gurgle and tumble as the sun upside down. He also lost the deer. Picks years, I long for the chance to go began to rise, illuminating the Most members of the group go hunting again. But this year the earth like the stagelights coming four years and more without get demands of law school will likely up at the start of a play- a play in ting a deer, even when they hunt thwart my desire to hunt on open which men have limited roles. But regularly each year.) Hurrah, hurrah! resound the cheers ing day. If there are other M-W on this opening day someone else But on opening day, at least one From hordes of fans both far and near, students who hunt, they too pro climbs into this stand and replaces member of the group has success. Though not for dear old Pete Rozelle, bably lament their inability to be me.) Often, this success results from Who must have crawled inside his shell; out on that day. In an attempt to luck. Instead the crowds can buy their beers satisfy this longing for the hunt, I While Jack and Gene can fight in . .. offer what my brother and his The smallest part of the hard ship is waking up. The group soon - roughly translated from a Teutonic war ballad. friends will do this year on open Of course, success leads to endures the walk through woods ing day. Their expedition will con mess. Ironically, some of the guys lighted only by the stars. Sitting in tain these elements: friendship, do not like to clean the deer. Those a deerstand for the five hours can Little Willy actually got to see this week's return of the real thing. hardship, frustration, success, and who do most of this work do not never be easy. Each member suf And for 3 ~~ quarters he wasn't so sure it was any more interesting than mess. Of course, the day will not seem to mind. They work diligent fers fatigue, cold, and the discom its imitation; in fact, the Redskins and the Jets did their best to make end without a consideration of the ly to preserve every bit of meat. organized labor seem downright villainous. Even teamsters were morality and ethics of hunting. fort of sitting on old, rough boards Their purpose in hunting is to 'get nailed together high up in a tree. My brother and his friends go meat, so they do not waste it. No screaming, "We want the scabs!" Well, almost. But Art Monk decided Each person freezes while sitting, to catch a pass and Jay Schroeder decided to let Ricky Sanders play down to Nottoway Co. Sunday one revels in the blood and guts, then roasts and sweats while too and the Jets' linemen continued to refuse to remember to try to hit. evening to spend the night at a but no one denies its presence. cabin which rests on a 250-acre trudging through thick woods So instead "Hail to the Redskins" prevailed before everyone became wooded tract wi th a large stream searching for deer later in the day. Metro sardines. fed pond 100 yards down the hill. So is it moral to kill deer? What Four or five people, all friends Frustration comes to some members of the group. They wait should be the ethics of deer hun Anyway, it took most offenses some time to bring precision up to from past times, plus one or two ting? All members of the group newcomers are the hunting party. five hours, neither seeing nor hear par with defensive hunger, yet before Sunday ended there were some ing (any) deer. Squirrels rustling feel hunting not designed to get exciting games. So, with enthUSiasm, it's on to Week 7, into which Lit New friendships start to form . The meat is immoral. Several group tells stories, plays poker, the leaves taunt the frustrated tle Willy carries a scabbish 17-10-1 record (. 607 ): mem~rs go farther and refuse to drinks beer; and goes to bed no hunters, raising their expecta tions. Hunger sets in not long after shoot unless they have a clear less than two hours after they had shot. None of us wants to see planned to do so. the sun rises, adding to the frustra TAMPA BAY at Green Bay-Neither of these teams is below .500. # tion. Some actually see deer that, animals maimed, suffering, or in Who'd've thunk it? Somehow Tampa choked under the McMahon mysti by keen smell and alert eyes, spot pain. We are quick to prevent this que, but this team will continue to improve. Wahoo Don Majkowski threw The hardship is next to come. the danger and escape the hunter from happening. Some of us, on a for 300 yds. in the Packers' win, BUT it was against the Lions-On the -- Early the next day, the group at the last moment. This happens pretty day or when the babbling road, Buccaneers 24, Packers 17. awakens and dresses quickly. The more often than not. Deer are not creek sweetly serenades us, will Pittsburgh at MIAMI-The Dolphins are another team that blew hunters plan who goes where and at all easy to get. (My brother once put our weapons down and watch a big lead, while the Steelers pulled out a surpriSing second-half com who sits in which tree stand. (A lost a brand new hat while pursu the deer without disturbing them. eback. If Miami wants to keep pace in the mediocre AFC East, they favorite tree stand sits 40 feet up ing a deer across a flood-swollen must stop Mark Malone's passing. They will-Dolphins 28, Steelers 14. between two trees rising from the river. The deer swam across it. Opening day in many areas of PHILADELPHIA at St. Louis-Philly's favored and rightly so, but only because Randall Cunningham is an athlete capable of pushing his Virginia falls on November 16. team to better results than they should hope for. Little Willy wonders - Check with local sports shops {or what good returning early did for Cardinal strikers-Eagles 19, Car details put o~t ?y the Virginia dinals 13. ~Bet\Veen the L Ine s - Game CommIsSIOn. Remember that blaze orange is now the law. NEW ORLEANS at Atlanta-80metimes it seems like Atlanta is oh so-close to putting together a total effort. Then again that is their year Hunt safely and watch out for other hunters in the woods. ly trademark. Besides the Saints only have to avoid self-destruction on Un,-dynasty by Darren Burns defense to win-Saints 27, Falcons 16. L.A. Raiders at NEW ENGLAND- Uh-oh. Three weeks ago the Raiders were on a roll. Now there's trouble. As if QB mediocrity weren't shopping sprees. Perhaps the best Too, there are signs that NHL enough. And the Pats lost to the Colts, looking bad while they did it. organizations, through failure to newcomers such as St. Louis 'and November starts Sunday. November begins with an "N." So does New Well, here we go again. Baseball England. So what. So- Raiders 21, Patriots 20. has produced yet another World innovate with the times or scout NBA upstarts like Dallas have also thoroughly enough, have lost their begun wresting power from the Kansas City at CHICAGO-K.C. got no O. The Bears got some bad Series Champion. In the decade D. The Chiefs will slow, but by no means stop McMahon ; The Bears since the Yankees won back-to knack for productive farm system long-time "haves. '? It remains to management. This is quite likely be seen if these sports have seen will ruin Bill Kenney's week-Bears 30, Chiefs 10. back titles, no team has managed INDIANAPOLIS at New York-Bert! Lydell! Look, the Colts are to repeat as champ at all, let alone the case in both Baltimore and Los the last of Islander/ Oiler or Angeles. Maybe drugs, the bane of Laker/ Celtic types of dynasties. favored. Yep. Here are the facts. The Jets offensive line cannot pro in consecutive years. Why have tect O'Brien, and their defense cannot stop the pass. The Colts defense the Twins superceded the Mets, the eighties, have robbed players of their concentration span, and But baseball still displays the has matured into one of the stingiest in the league (somewhat aided by who took over from the Royals, most topsy-turvey professional the strike schedule), the Trudeau family won last week. Colts 23, Jets 21. who somehow beat the Cardinals? therefore teams of their continui ty. (but hopefully not .. .) league. It can't be the number of HOUSTON at Cincinnati-The Oilers are in first place. Really. The (Poor Cardinals. They've sure had games, because better teams, Bengals and Boomer lost to the Steelers. Really. And this is an Upset their shots at dynastic fame.) Why especially champions, should Special and wild-scoring affair. Really-Bengals 41, Oilers 34. can't Series winners even get back emerge rather than disappear in WASHINGTON at Buffalo-The Redskins are riding a winning tradi to the " fall classic," at least to In truth, the basis for the decline the long run. What's more the tion and getting lucky to boot, because this team has much rust to scrape take a crack at two in a row? In the of baseball dynasties are not homespun Pucketts and off. Kelly will make this as high-scoring as possible, but if Butz is last 10 years thirteen different without parallel in other profes Saberhagens seem to negate the healthy, Washington's defensive linemen will hurt him-Redskins 31 , teams have survived the 17
.... -. , Page E ight Thursday, October 29, 1987 The Advocate
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