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2005 The Advocate (Vol. 3, Issue 5)

Repository Citation "The Advocate (Vol. 3, Issue 5)" (2005). Student Newspaper (Amicus, Advocate...). 41. https://scholarship.law.wm.edu/newspapers/41

Copyright c 2005 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers The Advocate VOLUME III, ISSUE FIVE WEDNESDAY, NOVEMBER 02, 2005 WILLIAM & MARY SCHOOL OF LAW

Marshall-Wythe Students Dress Up, Get Down at 'Law School Homecoming'

bus company canceled out on us byWilliam Y. Durbin for drinking, dancing, and general After discovering that the merriment. The event provided Ramada 1776, the location of last because of mechanical diffi culties,” It started out like a genuine an excuse for “Marshall-Wythe year’s Fall From Grace, had no Quigley said. “It was down to the high school dance—attendees High” students to let loose halfway dates available in October, Quigley wire, but, with the help of Profes- hugging the walls, shuffl ing and through the fall semester, a time tra- and Bisk chose the Clarion from sor Williamson, Dean Jackson, and eying their feet, and keeping their ditionally reserved for high school among several contenders. distance from the dance fl oor. By homecoming dances. “The factors we looked at were Continued on page 2 the end of the night, though, it was SBA Representative Linda cost, the size of the space and the INSIDE clear the attendees were no teenag- Quigley (2L) spearheaded the dance fl oor, and whether they could ers; rather, they were law students event, booking the D.J. and coordi- provide enough bartenders so that Property Rights Conference....3 gone wild. nating the catering spread. Quigley long lines would not be a problem,” The Student Bar Association also worked with SBA President Quigley said. PSF Summer Story...... 5 (SBA) hosted its annual Fall From Meg Bisk (3L) in securing the The two also had a little last- Grace dance on Friday, October 21 venue and delegating other duties to minute planning excitement with Stale & Trivial News...... 7 at the Clarion George Washington various other SBA offi cials, includ- the shuttle bus hired to run between Hotel and Conference Center. ing Vice President Trey Freeman the law school and the hotel, which Ask A Canadian...... 9 Approximately 300 Marshall- (2L), SBA Representative Sarah many attendees utilized. Wythe Law School students and Fulton (1L), and SBA Representa- “Meg and I worked like mad to B-Law-Gs...... 10 their guests fi lled the ballroom tive Tom Robertson (1L). get a bus booked after the original News 2 Wednesday, November 02, 2005

FFG, continued from page 1 ing everyone looking so relaxed Sam Sadler, the contract got signed and having a good time,” Quigley at 5 p.m. on Friday.” said. Partygoers arrived dressed After the dance, some partygo- mostly in semi-formal outfi ts, with ers retired to the rooms they had some putting their own rakish spins rented for the evening at a special on the expected attire. To wit: an SBA-negotiated rate, but not as ill-fi tting three-piece suit made of many partygoers took advantage questionable material worn by one of the rate as the planners had lanky third-year student. anticipated. Early in the evening, students Some elected not to retire right milled about talking to one another, away, instead choosing to chow sipping drinks by the two full bars down on the cheese and shrimp that and greeting new arrivals. But by remained on the catering spread at the end of the night, the dance fl oor the end of the night. Fassie, Amy was packed with people enthusias- Wallas (2L), and others raced to tically shaking their tail feathers fi nish all the shrimp before the hotel and lovely lady lumps. staff took them away. In a race like “My friends and I defi nitely had that, everyone is a winner. a blast,” said second-year student In its ongoing effort to col- Nathalie Fassie. “I love dancing, lect donations for Project Relief, so any excuse to dress up and get which raises funds for those af- down—count me in. My boyfriend fected by Hurricane Katrina, the does not like to dance, so I’m sure SBA offered Mardi Gras beads to it’s pretty amusing to watch us in- students who donated an extra dol- teract. I pretend I’m on ‘Dance 360’ lar when purchasing their tickets. and he stares at me blankly.” The plan raised more than $100 Indeed, a good time was had that evening. by all. Such were the good spirits “The highlight for me was see- that even turning on the lights 45

THE ADVOCATE

"Complete and objective reporting of student news and opinion" minutes before the end of the night the “law school prom” held in the could not stop the Marshall-Wythe spring, promises to be another Editor-in-Chief: Nicole Travers dancing machines. With such tenac- event to remember—or be so much News Editor: David J. Byassee ity and sense of purpose evident fun that there’s no remembering Copy Editor: Nicolas Heiderstadt Editorial Policy in these students, Barrister’s Ball, at all. Features Editor: Raj Jolly The letters and opinion pages of Assistant Features: William Durbin The Advocate are ded icat ed to all Business Manager: Jennifer Rinker student opin ion re gardless of form Layout Editors: Myriem Seabron or content. The Advocate reserves Nicole Travers the right to edit for spell ing and Clarion Hotel Robbed Photographer: Jennifer Rinker grammar, but not con . Letters to the Editor and opinion at Gunpoint Writers: articles may not neces sar i ly refl ect the opinion of the newspa per or David Byassee Kelly Pereira byWilliam Y. Durbin standing 5’7” and weighing 135 its staff. All letters to the Editor Matt Dobbie Stephanie Spirer A masked gunman robbed the pounds. At the time of the crime should be submitted by 5 p.m.on Will Durbin Jennifer Rinker Clarion George Washington Hotel he was wearing a black hooded Nicolas Heiderstadt Tom Robertson the Thursday prior to publication. and Conference Center just before sweatshirt and black jeans. Jason Hobbie Tara St. Angelo The Advocate will not print a 3:00 a.m. on Wednesday, October According to SBA Treasurer Raj Jolly Zach Terwilliger letter without confi r ma tion of the 19. The robber entered the hotel Ryan Browning (2L), representa- Michael Kourabas Nicole Travers au thor's name. We may, how ev er, lobby, showed a pistol to the lone tives of the Clarion Hotel did not withhold the name on re quest. Let- lobby clerk, and demanded cash. alert any of the Fall From Grace ters over 500 words may be returned The clerk complied, and the per- organizers about the incident, to the writer with a request that petrator fl ed the hotel through the which happened just days before Address Correspondence To: the letter be edited for the sake of rear entrance. No one was hurt in the dance. The Advocate space. the incident. Those with information about William & Mary School of Law Although a ski mask hid the the incident are asked to call the P. O. Box 8795 Williamsburg, Virginia 23187 culprit’s face, witnesses described Crime Line at 1-888-LOCK-U- (757) 221-3582 him as an African-American male, UP. News THE ADVOCATE 3 2nd Annual Brigham-Kanner Property Rights Conference

by David Byassee a greater good to the public than that to which A was putting it. Ac- The Brigham-Kanner Property cording to Dana Berliner, a Senior Rights Conference is the brainchild Attorney at the Institute for Justice of Professor Eric Kades, who in Washington D.C., a MSNBC poll serves as the Conference Chair- conducted shortly after Kelo was man. This year’s conference began handed down by the Court showed on October 28 with presentation that 90 per cent of the American of the Brigham-Kanner Prize to public thought the decision was Professor Richard A. Epstein of the terrible. So where does the dis- University of Chicago. Three panel agreement come from? discussions followed on October 29 The Fifth Amendment of the and were capped by a roundtable U.S. Constitution tells that “No discussion. person shall … be deprived of … The first panel focused on property, without due process of Academic Refl ections on Profes- law; nor shall private property be sor Epstein’s Work and its Impact; taken for public use, without just the second on Public Use in the compensation.” It would seem Aftermath of Kelo v. City of New therefore that persons may not be London, Connecticut, 125 S.Ct. deprived of property unless pro- 2655 (2005); and the third on Re- vided due process of law, and that if Speakers and Participants at the Conference included Vicki L. Been cent Developments in Due Process property is taken for public use, just of NYU, Dana Berliner of the Institute for Justice, and Eduardo M. Protection of Property Rights. The compensation must be provided. Penalver of Fordham, among others. roundtable discussion focused on Simple enough, right? No. the role of the press in making the Berliner said that most aca- from replacing any Motel 6 with placing further restrictions on its public aware of the use of eminent demics thought “public use” law a Ritz-Carlton, any with a exercise of the takings power.” Id. domain. was settled. But when Kelo was shopping mall, or any farm with a at 2668. The fi rst thing to be said, and decided, she said that although the factory.” Kelo, 125 S.Ct. at 2676. The focus then turned to the re- upon which there appeared to be same general rule was referred to, A minority of the participants, action of lawmakers, at all levels of unanimous agreement, was that it was applied in expansive scope. however, maintained the view that government, to the Kelo decision. Professor Epstein is a worthy re- This was the view of the majority Kelo was merely a minor extension Different alternatives were pro- cipient of the Prize. Beyond that, of the panelists in attendance of the of the well established doctrine posed; but most argument centered there was much disagreement. Kelo conference. Their understanding of of “public use.” This group saw around debate regarding whether was a case in which the City of the case is that it opened the door to the defi nition of “public use” as the focus should be directed to the New London sought to exercise the a slippery slope where the defi ni- akin to the police power, granting process of takings, as opposed to power of eminent domain for the tion of “public use” is arbitrarily broad governmental discretion limitation of takings for public use purpose of economic development. decided by a government entity that when acting on behalf of the public as defi ned in a traditional, narrow In simple terms, this means that the seeks to take private property from good. This view was bolstered by manner. www.castlecoalition.org City sought to take property away one owner and give it to another. a statement made in the majority is a website dedicated to this issue, from A and give it to B because the Justice O’Connor took this position opinion of Kelo, written by Jus- and is currently tracking national, City believed that B would put the in her dissent in Kelo, stating that tice Stevens, that “nothing in our state and local legislation intro- property to a use that would serve “Nothing is to prevent the State opinion precludes any State from duced in the wake of Kelo. News 4 Wednesday, November 02, 2005 Activism v. Apathy

by Kelly Pereira help publicize many of the events Professor Douglas. In the future, why faculty diversity is important of the newly formed William and there will be forums open to the to them. The statements will be Mary Chapter of the NAACP on entire student body. SELE members complied, copied, and sent directly In the spring semester of her 1L the undergraduate campus. People also attended a faculty meeting, and to the faculty and administration year, Anne Park Brinckman (2L) of any racial/ethnic background are will continue to do so “all year to and the President of William and determined that there was a serious encouraged to join. Their website is establish ourselves as a concerned Mary. problem with who was attending http://www.wm.edu/so/naacp/. presence with regard to faculty Today, Wednesday, November law school, or rather who was The NAACP was instrumen- diversity, curriculum diversity, and 2, SELE and ACS are co-sponsor- not. Law school students by and tal in the Civil Rights Movement admissions diversity.” ing an event. At 5 pm in Room 124, large are white and privileged. Not and continues to stand up for hu- As faculty hiring begins in early Professor Douglas will share in- only is it a relatively homogeneous man rights today on many levels. November, SELE is beginning a sight from a book that he is writing group, but it is a group frequently Brinckman pointed out that a mem- “Who Cares?” campaign to show about Pauli Murray, a little-known lacking exposure to marginalized ber of the NAACP was the keynote faculty and administration that stu- but infl uential black female lawyer. groups of society and social prob- speaker this summer at Equality dents care about diversity. Students At 6 pm in Room 124, there will lems. Brinckman founded Students Virginia, a gay rights organization will be encouraged by SELE and be free pizza during a 45-minute for Equality in Legal Education in Richmond. The willingness of other student organizations to com- showing of Frontline entitled, “Is (SELE) this year to address some different activist groups to stand pose one or two paragraphs about Wal-Mart Good for America?” of these concerns. together is of great importance to According to Brinckman, their combined success. Citizen-Lawyers in “SELE’s three main goals are im- Said Brinckman, “One of the proving faculty diversity, improv- main points that SELE hopes to Action ing diversity in student admissions, convey is that it is impossible to and working with faculty to assure work on one particular issue of by Stephanie Spirer Awareness Month, raising money an understanding and awareness human rights without supporting October was a month full of and awareness through the posting of issues of diversity so that they others. You cannot pick and choose community service by the students of “helping hands” on the bulletin may be translated into more well- which parts of equality you want at Marshall-Wythe. board and by asking for donations rounded classes and curricula.” to support. Whenever any group of Christian Legal Society kicked for ribbon cookie cutters. ABA/ Brinckman contends that the stu- people are allowed to be treated as it off, helping Williamsburg Hous- SBA held a joint student/faculty dents here at William and Mary are second-class citizens without full ing Partnership by painting the mixer to promote the cause on so talented and “capable of doing and fair protections at law, then the exterior of an elderly woman’s Oct. 26. amazing things” that it is “insult- door is opened for any other group home on Oct. 1. Finally, Phi Alpha Delta col- ing” that students are not more to be treated similarly. In the fi ght Members of SBA Volunteer lected goods for the Avalon , educated about social problems for equal human rights, we must Council and the Environmental which is a local emergency shelter that they could potentially help fi x demand that all people be treated Law Society joined together to for women and children who are as practicing lawyers. equally and are afforded full and participate in Make A Difference victims of domestic violence and SELE started off the se- fair protections under law.” Day on Oct. 15 by mulching, plant- sexual assault. mester with a Creating Con- In conjunction with Disability ing, and landscaping at Virginia These are just a few ways law scious Community Year Awareness Month, SELE and SBA Peninsula Regional Jail. students have given back to the Kick-Off Party with featured co-sponsored a viewing of Mur- Also, SBA Volunteer Council greater community in October. performances by diverse groups derball at the Kimball Theatre. The woke up early the morning after Keep on the lookout for ways to from the undergraduate campus. viewing was so powerful that the Fall From Grace to help Williams- get involved in future months! If SELE members helped to staff the two groups are planning to pur- burg Housing Partnership again; you have ideas or would like to Project Relief fundraising table, chase a copy of the fi lm and show this time by painting the interior help coordinate volunteer events, and SELE has held two bake sales it at the law school next semester. of another elderly woman’s home please email Stephanie Spirer at to raise money for events and share Murderball is the antiquated name and cleaning her yard. [email protected]. information about the National for rugby, and the fi lm features At Fall From Grace, SBA col- Association for the Advancement quadriplegic athletes. Brinckman lected donations for Project Relief VBA Community of Colored People (NAACP) and said, it gives “good perspective in by selling Mardi Gras beads. Servant Blurb Disability Awareness Month. terms of dispelling myths about On October 29, SBA Volunteer SELE & BLSA co-sponsored what it means to be disabled.” Council participated in Williams- Seventeen faculty and 225 a NAACP membership drive to Disability cuts across ethnic and burg/James City County Recreation future citizen-lawyers answered promote the NAACP’s Minority social lines, and it could happen Center’s Haunted Forest. The law the call to commit 35 hours of Advocacy Week. While the drive to anybody at anytime. During the students helped young children community service by August 31, did not recruit many new members SELE bake sale, Anne Sommers have fun in the Pumpkin Patch 2006, as part of the Virginia Bar willing to pay the $30 member- made a display to raise awareness Trail. Immediately following the Association’s Community Service ship fee (annual dues to both the for disabilities. festivities, all graduate students Program. The 1Ls led the troops national and local chapter of the SELE and SBA co-sponsored showed up in costumes to benefi t with 132 participants; there were NAACP), SELE raised awareness a Faculty Diversity Forum for stu- Public Service Fund at the annual 51 2Ls and 42 3Ls. With 60 per for the organization whose youth dent organization leaders to learn Halloween Party. cent participation, the Legal Skills membership is currently low na- more about the law school’s hiring Throughout the month, the fi rm that won the pizza party was tionally. SELE will continue to practices from Dean Reveley and library promoted Breast Cancer Bell, Fleming & Kaufman. News THE ADVOCATE 5 Professors Discuss the Pieces of the Katrina Puzzle by Tara St. Angelo deposition of a half million tons of Katrina, the costs now exceed $100 attempted to prevent the garbage sediment, which led to the sinking billion to restore New Orleans. In from reaching the surface, it is un- William and Mary’s Environ- of New Orleans and surrounding retrospect, the prevention seems sure how the fl ooding has affected mental Law Society (ELS) fused areas, putting the region below like a bargain. the site and the on it. environmental and public policy sea level. Also, the levees allowed Roberts continued the discus- Rosenberg concluded the panel considerations in light of the re- the fl ooding of coastal wetlands sion and added in the components discussion with a brief discussion cent tragedy in Louisiana with the that would otherwise have helped of race, class, and environmental of the fundamental government presentation of “Katrina and the absorb the storm surge that led to justice. The tragedy of Katrina hit failures that led to this tragedy. Bigger Picture: A Panel Discus- the collapse of the levees and the close to home for Roberts; he was Rosenberg explained that the sion on Environmental Risks and fl ooding of New Orleans. Since a professor at Tulane for 10 years. basic structure of state and local the Regulatory Climate pre- and New Orleans has been effectively Roberts began by describing the government collapsed in light of post- Katrina” at our law school on sinking since the construction of history of exclusion and racism in the tragedy. State and local gov- October 19. ELS brought together the levees, the city is bowl shaped Louisiana and how it infl uenced the ernments are the basic actors in William and Mary faculty mem- and this prevented the fl ood waters unequal exposure to environmen- incidences such as this and have bers with varying backgrounds, from draining out, leading to the tal risks in the state. Many black the “front line responsibilities.” law professors Erin Ryan and Ron scenes that have been dominating families in Louisiana still live in the These government bodies failed in Rosenberg and sociology profes- the news in the last few weeks. former slave towns that lined the the planning and regulation of how sor Timmons Roberts, to discuss Ryan also touched briefl y on borders of the plantations. Since people move and where they go in the causes of and solutions to the the public policy debate about these plantation plots have access the time of a disaster. In order to widespread disaster in the wake of how government offi cials knew a to ports on the Mississippi River, avoid a government break down, Hurricane Katrina. tragedy such as this was possible they are appealing to power and these institutions must anticipate Ryan, a former forest ranger, and why the problems had not been chemical companies, leading to a natural disasters and implement began the panel discussion with an fi xed. City and state leaders in higher ratio of blacks living near them in planning measures. Rosen- overview of the causes of the mas- conjunction with the Army Corps manufacturing plants and being burg also explained that in order to sive fl ooding with a short lecture of Engineers developed the Coast exposed to toxic chemicals. get back the effectiveness of gov- she called: “The Natural Resources 2050 restoration plan that aimed Roberts points out that Katrina ernment there needs to be adequate Law of Unintended Consequenc- to restore wetlands along the Mis- has highlighted the issue of envi- political will, resources, expertise, es.” Ryan explained that the chan- sissippi delta and to also release ronmental justice in Louisiana. He and public support. nelization of the Mississippi River, fl ood waters into the wetlands. The used the specifi c example of the The panel highlighted the vari- although it prevented fl ooding in estimated cost to protect the entire Agriculture Street Superfund Site, ous components to the tragedy in the developed areas in the Missis- area was $14 billion. However, fed- in the 9th Ward of New Orleans. New Orleans: the environmental, sippi delta, disrupted the fl oodplain eral funding priorities shifted after Homes in this area were built on political, and racial consequenc- deposition cycle. This stopped the September 11. In the aftermath of a landfi ll, and although the EPA es. We Know What You Did Last Summer… Every year the Public Service Fund, in cooperation with the Law School, provides fi nancial support to a large number of William & Mary students during the summer so that they can pursue opportunities with government and public interest organizations. Each issue of The Advocate will feature stories authored by the sponsored students. Public Service Funds Make Their Way Down To Brazil by Jason Hobbie pass on such an opportunity and Aside from the legal aspect, and Rio de Janeiro. I need to men- signed myself up. the Institute’s internship was also tion that São Paulo itself lived up I spent last summer in São The internship itself was essen- designed to provide American to its status as the third largest city Paulo, Brazil, working for the Law tially divided into two interrelated law students with an opportunity in the world and seriously can of- for a Green Planet Institute. The components. One part centered on learn the Portuguese language, fer anything you could possibly Institute is a nonprofi t organiza- an independent research project and to experience and fully ap- want to do. tion, comprised of lawyers from concerning an area of Brazilian preciate Brazilian culture, in the In all, I give my experience all over the world, who are inter- environmental law. For my proj- hope that interns would continue in Brazil and the Law for a Green ested in sharing their knowledge ect, I examined Brazil’s forestry their interest and involvement with Planet Institute’s program two of their various legal systems’ laws and translated the Brazilian Brazilian environmental issues into thumbs up. I had an awesome time environmental laws with the goal Forestry Code into English, hardly the future. In my three months in and my only regret is that because of improving environmental pro- a small task considering that I Brazil, I went from barely being I signed up at the last minute, I tection on a global scale. After fi rst had to learn Portuguese. The able to say please and thank you didn’t have time to plan trips to hearing at the last minute from a Institute now plans to publish my to being fl uent in Portuguese, and the Pantanal and Amazon. For me, professor that an intern position translation in a Brazilian law review I had time to travel to such locales however, there will defi nitely be a with the organization had opened, and distribute copies to lawyers all as the Iguaçu Falls and Parati, and next time in Brazil. I quickly decided that I could not over the world. chill at the beaches in Saquarema News 6 Wednesday, November 02, 2005

Docket The Environmental Law Society Presents... Call Careers In Enviornmental Law

by Nicolas Heiderstadt Clerk’s offi ce at (757)-564-2242 While learning the theory on the day you plan to attend. behind the law in a classroom is important, witnessing its practical The Courthouse is located at application in a court of law is an 5201 Monticello Avenue, across essential part of any law student’s from New Town (for those who education. Accordingly, we present navigate Williamsburg in a more the docket for the General District alcohol-centric way, it’s across A Lunch-With-Lawyers Court for the City of Williamsburg from the Corner Pocket). Take a and the County of James City. left out of the law school parking Discussion on Legal and lot, and take South Henry Street The schedule for the General to 199. Make a right turn onto Environmental Work Beyond District Court over the next two 199, and follow it until you reach weeks can be found below. the exit for Monticello Avenue. Law School Take the right-hand fork of the The docket for the Circuit Court exit ramp onto Monticello Avenue. is unavailable for publication. To The Courthouse is the large brick fi nd out when cases are being tried on your right just before Wednesday, November 9, 1-2 PM in the Circuit Court, contact the you reach the traffi c light. Room 124

November 2005 General District Court Docket

Monday Tuesday Wednesday Thursday Friday

12 02 03 04

8:00 Traffi c Charles City 10:00 Traffi c 8:00 Criminal 8:00 Criminal 1:30 Civil 1:00 Criminal 1:30 Contested Civil

07 08 09 10 11

8:00 Traffi c - WPD 8:00 Traffi c - WPD Election Day 10:00 Contested Civil Holiday 10:00 Traffi c - VSP 2:30 Out-of-custody 8:00 Criminal 1:30 Civil arraignments 1:00 Criminal

14 15 16

8:00 Parking, Boat, Zoning, Traffi c, ABC 8:30 Counsel Hearings 8:00 Traffi c - JCCPD 10:00 ASAP, SCS Charles City 10:00 Traffi c - VSP 10:30 Small Claims 1:30 Civil 1:30 Criminal Features THE ADVOCATE 7 STALE AND TRIVIAL NEWS: FREE BRICKS AT MARSHALL-WYTHE

Several weeks ago, Professor a few miscellaneous bricks lying it seems reasonable to take more. Adv: Jim Heller—Director of the Law around, near where the workers But wouldn’t you agree that a brick Library—announced that, as a are doing their demo work. In- Adv: in the hand is worth more than two byproduct of library renovation, terested? Sounds pretty complicated. in the bush? the Marshall-Wythe community would have free and unprecedent- ER: JDG: ed access to bricks. The Advocate Looking for the student per- It really isn’t. Um. secured an exclusive interview spective, The Advocate then with Professor Heller: stalked the halls of the library, Adv: where it happened upon Emily Adv: Thank you for your time. What about arbitraging the open Adv: Reuter (1L) and fi nagled an in- market for bricks? Why were the bricks given terview with a bribe of Altoids: away? In order to get the opinion of Adv: JDG: a left-handed student, The Ad- I feel the cost of hauling around JH: Did you get any of the bricks? vocate later tracked down and the bricks would outweigh the Does your mom or dad have a seat cornered J.D. Goodman, also a benefi t. Why are we even talking from Ebbett’s Field in their living ER: 1L: about this? room? If not, a brick from the south No. I didn’t exactly have a senti- wall of the law library is the next mental attachment to those bricks, Adv: best thing. ya know? Adv: Do you get any of the bricks? What about giving away a brick to a loved one during Christmas? Adv: Adv: JDG: To your knowledge, did anyone Please don’t put me on the spot I have plenty of bricks. JDG: take the bricks? like that. Perhaps a Hannukah gift for my father. JH: ER: Adv: I took four of them. Sorry. You didn’t feel that another free brick would be of good use? [Silence] Adv: Adv: JDG: Adv: Did the bricks have historical sig- Quite alright. So, what did you No. Not really. Thank you for your time. nifi cance, like pieces of the Berlin think of the offer in general? Wall? ER: JH: It was a nice gesture. It’s not often See my answer to question 1. that people make such an effort to avoid waste. Actually, had Mr. Adv: Heller kept some of the bricks in Are you aware of anyone putting his offi ce, I probably would have the bricks to creative use? picked up a couple.

JH: Adv: Three of my bricks sit next to other A couple? (and much less special) bricks that surround our garden. They help ER: keep the lawn away from the gar- Yup. den, and the garden away from the lawn. The other brick I am saving Adv: for posterity. I think it’s still in the This, of course, raises a question back of our Subaru wagon, but my of social etiquette. How many wife may have thrown it away. bricks can a person haul off before becoming “that guy”? You know Adv: what I mean? If there were indeed bricks left over, what became of these bricks? ER: Yeah. I know. And it depends. If JH: you go early, you should only take Bricks, presumably much like those pictured here, were offered to the The historic “Original South Wall” a couple. But if you go later on, Marshall-Wythe community. That doesn't just happen anywhere, you bricks are gone. There may still be after everybody has had a chance, know. Features 8 Wednesday, November 02, 2005 Ramblings: The 5 Things I Miss Most About the Real World

by Mike Kourabas usually had a hangover that lasted Laguna Beach, The OC, or The Real the best thing about Sundays in New the entire weekend. I miss that. World. I’m ashamed to admit this, York. The entire thing weighs like but I’ve hardly missed an episode ten pounds, and takes the entire day This isn’t intended to be a sob- TWO: A close second: Not of any of these shows since their to get through. It actually got so story about how hard law school is, having to listen to pretentious, respective seasons started. What’s heavy that they started splitting it or how much I’d rather be back in wannabe-intellectuals pontifi cate worse? I never used to watch them between Saturday and Sunday—the New York City. Working for a year about…anything. Now? Seems before I came here. That’s actually highlights being the Magazine on after graduation was the best thing like that’s all I do. Let’s just clarify a lie. I watched the entire season Saturdays, and the Week in Review I could have done. Why? Because something: I’m pretty sure most of Real World: Seattle, and loved and Book Review on Sundays. law school is fun in comparison. of us here are paying to hear the every minute of it, but that’s the The weekend Times made it such That being said, there are a few professors, people actually very extent of it. This is really sad: I that following the news all week things I miss about the working learned about the law, speak and fi nd myself singing the Laguna was unnecessary—one could get world. Here are the top fi ve: conduct class. At times, it’s confus- Beach theme song as I’m studying, an entire week’s worth of news in ing, and needs clarifi cation—but or worse, showering. “Let the rain one day. Theoretically, I could still ONE: Weekend football. I not to the extent that it’s at in some fall down, and wake my dreams…” get the Times delivered to me on don’t want to give the impression of my classes. I might be crazy, but It’s pathetic. Oh, and this is actually weekends, at the Grad-Plex, but that I don’t watch football on the I didn’t think we had class so that worse than the theme song thing: when would I read it? I’m already weekends; I do, but it’s completely fi ve students could posit irrelevant I’m pissed off that the baseball carving time out just for football, different. I’m forced to make time hypotheticals and ask their burning playoffs are on instead of The OC. which I watch in a mirror on my for football. I have to watch it while questions that, for whatever reason, I emphasize that for a reason. I’m a desk. It’s not even that I’m do- I’m doing other things. I actually couldn’t be asked after class or huge baseball fan. I love the fact that ing work constantly; it’s that my have a mirror set up on my desk via email. At least I can turn Bill the White Sox won it all. Yet, I’ve brain hurts. Working full-time was so I can watch the games while I O’Reilly off, or better yet, never been furious these past few weeks. devoid of any intellectual stimula- type. This is very sad. Not to men- put him on. There’s been a hole in my life on tion, so I could handle a ten-pound tion that when I see the highlights, Thursdays at 8/7 Central. I miss the newspaper on every weekend. Now everything is in reverse. I want my THREE: Nobody gave a guy that didn’t feel this way. that I’m thinking a whole lot more weekends back where all of Sat- damn about Facebook. Enough than I used to, my brain needs a rest urday and Sunday were dedicated said. FIVE: The Sunday Times. during downtime. I’ve replaced the solely to football. I didn’t move Until my neighbor started stealing Sunday Times with pathetically from the couch the entire day. I FOUR: I never used to watch it, my home-delivered Times were superfi cial television. Off The Beaten Path: Brawls, Bars, and Bridge- Tunnels...What's Not to Love?

by Zach Terwilliger the nosebleed seats are only about I wrote that headline hoping forty rows back from the ice. At to grab your interest, and I would $11-$16 per ticket, the price for not be surprised if some of you put a night of entertainment cannot together that I am talking about a be beat. Also, the box offi ce will night at a Norfolk Admirals game. provide a discount to groups over Who are the Admirals? The Ad- 25. If you want to get your tickets mirals are Norfolk’s own minor in advance, they are available league hockey team. The games from the customer service kiosk are incredibly exciting to watch at Ukrop’s. because the minor leagues are even The Admirals play pretty much more physical than the NHL. In every other weekend from now the three games I have attended, through mid-April. Staggered there have been fi ve all-out brawls. throughout the season are fan ap- out to the “Gramby Street” district about an hour. Yes, I know, once However, the hockey is much more preciation nights at which sponsors after the game. This three-block again, this is kind of far. But if you than a slugfest, as our resident handout everything from t-shirts to district is full of bars, restaurants, carpool it is inexpensive, and the Canadian can attest: “These guys thundersticks. For more informa- and live music. I personally can hockey and bars more than make play good hockey.” tion on the Admirals’ schedule, recommend the Hell’s Kitchen bar, up for the trip. You even get to go The Admirals play in the check http://www.norfolkadmirals. which often has a stage and live through the bridge-tunnel! 1970s-era Norfolk Scope, and the com/schedule.php?id=full. music. These bars are reminiscent If you decide you want to take interior is extremely reminiscent If hockey isn’t your fi rst love, or of what you might fi nd in Adams me up on this adventure check out of the Philadelphia Spectrum circa if the trip to Norfolk seems a long Morgan in D.C. or Sixth Street in www.norfolkadmirals.com for Rocky III. The antiquated arena way to go just for a hockey game, Austin. directions to the Scope, schedule, truly does not have a bad seat. Even then you should consider heading The trip to Norfolk takes just and ticket information. Features THE ADVOCATE 9 Ask a Canadian

by Matt Dobbie was the Indians and the ethnic Hi and welcome to another vote.” As soon as he sobered up, edition of Ask A Canadian. In this he resigned in disgrace. I loved this edition we discuss the quagmire quote because (a) I love anything that is Quebec politics and the won- that makes the separatists look bad derful institution/restaurant that is and (b) it was great fodder for jokes Tim Horton’s. As always, send all whenever I lost something over the questions, comments, and concerns next two years. Mom: “Matt, why to [email protected]. do you think you lost your hockey I’ve read that Quebec wants to game today?” Me: “Natives and the ethnic vote.” It never got old. separate fr om Canada. What’s the Lately, things have been heating story there? up again. A new Quebec provincial —Regg ie Dunlop, 3L election is likely going to happen in late 2006 early 2007 (yeah, we Well, Reggie, it’s long and can call elections whenever we complicated. Quebec is home to a want—none of this every fourth large separatist movement and has November crap), and the PQ is been for about 40 years now. Things looking very strong in the polls. really got moving in the late 1970s Quebec politics are bizarre, too; when the Parti Quebecois (PQ) was last week one of the front runners in elected into the provincial govern- the PQ leadership race was rocked ment. The PQ is the separatist pro- by a massive cocaine scandal. In vincial party, and its members run most places this would hurt his for the provincial legislature; their chances. Not in Quebec though, sister party, the Bloc Quebecois as he actually gained 10 points in (BQ), runs in the national elections. the polls. It appears that “massive While they do well in Quebec, their cocaine habit” is one of the qualities numbers in the rest of the country that Quebecers look for in a leader. are somewhat lacking. Regardless, Other than “they’re French” there is I hate them both. no rational explanation for this. The Separatist movement ebbs and fl ows with the economy—as A few weeks ago you men- the economy worsens, separatism tioned Tim Horton’s. What’s gets popular—because apparently that? separating from one of the top eco- —Ned Braden, 1L nomic countries will help you get a job. That’s why the PQ always Tim Horton’s is a combination calls for referendums during reces- coffee/donut/sandwich/soup/ba- sions. The separatists also like to gel/falafel shop that can be found The thing that makes Tim Hor- hung out in was a dead copy of make wild claims which have no in every city and town in Canada. ton’s so uniquely Canadian is the Tim Horton’s, right down to the basis in fact like “If we separate It’s a veritable institution and a great name. Tim Horton was an all-star name: “Stan Mikita’s.” Mikita was we will keep using Canadian cur- source of pride among Canadians. defenseman for the Maple Leafs a contemporary of Horton’s, and rency,” “You won’t need a passport Their food is great (the maple do- and Sabres. Yep, our most popular a great hockey player in his own to travel to Canada,” or “Everyone nuts are a big help), and the coffee restaurant is named after a hockey right. It was one of the best jokes will get superpowers and fl y like so beloved that some people drink player. Go fi gure. He opened the in the movie, and most of the audi- Superman.” so much that you’d swear they have store late in his playing career and ence had no clue. Sadly, the separatist movement pure coffee running through their ran it until he died in a car accident has been fairly successful. They’ve veins. The place is extremely addic- seven years later in 1974. When In closing I’d like to say that held two referendums, one in 1979 tive and multiplies like rabbits. In he died there were 40 Tim Horton’s Tim Horton’s is one of the things and one in 1994. In 1979 the vote my home town of 100,000 people locations, and now there are 2,400 that helps bind my country together. was 60-40 to stay with Canada, we have no less than 15 separate locations in Canada, with another Considering the massive separatist in 1994 it was 50.4% to 49.6% to Tim Horton’s locations, and one is 260 in the United States. It’s only a movement in our second largest remain. Not an encouraging trend. actually inside of a Home Depot. matter of time until they take over province, perhaps we should have The only good thing about our close This slays me because (1) I often this entire country—and that’s a invested in something else, but call with disaster in 1994 was the like to eat donuts while I shop for good thing. Trust me. then we might not have all those PQ leader’s response after the ref- lumber and (2) it saves me the The restaurant is so beloved that delicious maple donuts. Believe erendum. He got drunk, wandered trouble of visiting the other Tim Mike Myer’s gave a shout-out to it me, it’s a tough call. See ya in two up on stage and said to the entire Horton’s in that same plaza before and our country in the fi rst Wayne’s weeks. country, “The only reason we lost I go inside. World movie. The restaurant they Features 10 Wednesday, November 02, 2005 Marshall-Wythe Student B-LAW-GS by Jennifer Rinker the baby, was it premature.” No, Radio’s Hair Nation). You know, children with fi fteen other women. no, the baby’s healthy. “Do you “Sister Christian oh the time has So, B.B. can rightfully sing, “Damn know it’s yours?” Yes, yes. come. And you know that you’re right, I got the blues.” Disclaimer: “So I ask this guy if he knows the only one to say,... okay.... You’re “mistreaters” is from B.B.’s lyrics, how babies are made. Hard to ask motorin’! What’s your price for not Kevin’s personal assessment of that to a tough guy Marine. He’s fl ight? In fi nding mister right... B.B.’s women. all insulted. He says, yeah, the guy You’ll be all right tonight.” Well, So, after two years of me des- and the girl, blah blah. Then he says whatever. Kevin and I know it perately wanting to include the he knows it takes nine months. So because we are old. following story in The Advocate I started counting the months off, So Kevin was sitting in a bar and after two years of Kevin’s ob- and I could see his face start to turn in Grand Haven, Michigan, and jections, I have fi nally convinced down a bit. I ask him if he sees what “this scraggly dude walks into the him to let me include it. Thank I’m getting it. I said, ‘It’s really bar along with some other scrag- you, Kevin. respectable what you want to do, gly dudes, and they each have Kevin got dumped during Captain Chris Johnson (3L) but the baby’s not yours.’” these tall blond-haired model-like Hurricane Isabelle. “You have to was fi rst stationed in Hawaii after Well, they got married anyway, women hanging on them and they just kind of laugh at certain stuff his one-year stint at Quantico. and the last Chris saw they were proclaimed ‘We’re Night Ranger!’” that happens because it is funny,” “Looking like I do, I don’t blend in living on base together with the The bartender was this young girl Kevin admits. All these winds are well on the islands,” Chris admit- baby. “Those are the moments who didn’t know them and they howling around, trees are breaking ted. So, he shows up with a bunch in life nobody prepares you for. I reminded her they were a rock band and falling on houses and cars, and of big infantry guys, and he’s in learned how to shoot and where to from the ’80s. this woman says, “Umm. I don’t charge, and 23 years old. “I kept shoot and all the leadership stuff, Kevin has also met Rosy Greer, know if this is gonna work.” You telling myself not to screw this up,” but no one teaches you how to give the football player. “My brother really should get Kevin to tell the confessed Chris. sex ed to an 18-year-old.” was sitting in the emergency exit story in person, because the sound This guy called Gunny Tisdale The military has also taken seat of an airplane, the seats with effects are fantastic. But, Kevin was about 20 years his senior and Chris to Okinawa, Japan, South the extra legroom, and this monster adds, “I don’t have any personal ended up becoming Chris’s right- Korea and Australia. “Being far hulky pro football player asked to axe to grind. It’s just funny.” hand man and best friend out there. away from everyone important in change seats with him.” Kevin “He’d help me along when I’d come your life was interesting,” Chris mimics the deep voice. “We got to those times when I didn’t know admitted. Some of those important him to sign a football, but I think it what the right thing to do was. He people include an older brother, two exploded. At any rate, I don’t have let me lean on him.” Chris admitted little brothers, and a little sister. “I it anymore.” there was just about nothing scarier was always the youngest growing Kevin also met a famous actress than leading a bunch of guys in up, and to be an older brother is a on a plane from Germany, but “I live-ammunition exercises and in lot of fun. We go rock climbing didn’t know who she was. I don’t making personal decisions. “I felt or I let them steer the car when I know what she was in, even.” So I like I grew up a couple of years in drive. They love it. I never realized guess that experience was wasted the fi rst few months.” how frustrating I must have been on Kevin. One of those personal deci- as a little brother until I had little And Kevin recently met Justice sions involved helping a kid fi gure siblings. It’s very embarrassing Thomas through the Supreme Court out whether he was going to get bringing the girlfriend home and Seminar with Professor Devins. “It married. Before you go on de- having them make fun of me.” was a strange and funny thing—I Jon Perdue (3L) used to own ployment you get two weeks off, actually like him,” confessed a record label, but sold it before and the same after deployment. Kevin. “He told us about touring law school and blew the money “So this 18-year-old kid comes in the country in his bus and camping in Miami. “Actually, I’m pretty after a deployment and tells me he out in Wal-Mart parking lots. We ashamed of the poor quality music got this girl pregnant and that she got to talk to him for about three we put out,” Jon claimed. He sat was going to have the baby in less hours and those were the kind of through hundreds of auditions of than a month.” Since the offi cers things we discussed.” bad rappers—including one with an are supposed to at least talk to the Kevin is a Blues fan, hanging unintelligible Haitian accent. “We guys before one of them makes a out at Chicago House of Blues and made a lot of shitty music from our life-altering plan, Chris opened the Kingston Mines. He’s a big fan of record label.” conversation with: “When did you Buddy Guy and B.B. King. “Plus, He’s played the trumpet for meet her?” just to get the dialogue B.B. King’s the only guy who’s 18 years and is a self-proclaimed started. had like eight wives and all were screamer. “I play high. Very, very The kid pretty matter-of-factly Kevin Wilkes (3L) has had a mean ‘mistreaters’ so he’s got a lot high,” Jon bragged. And bragging says he met her on pre-deployment, beer with the lead singer from Night of material for the blues,” Kevin rights he does have, for he has which meant she was going to have Ranger. For those unfamiliar with mused. played with the likes of J.J. John- the baby about six months after he the band, their most famous song First-year Matt Stewart’s web son, Maynard Ferguson, Jon Fad- met her. “I’m always careful to was “Sister Christian” (featured browsing abilities confi rmed, in dis, Freddie Hubbard, Lee Koonitz, cover my bases,” Chris said, “so I prominently in the movie Boogie fact, that B.B. has only actually had Winton Marsalis, Christian Mc- asked if everything was OK with Nights and daily on Sirius Satellite two wives, but King’s had 15 other Bride, and Arturo Sandoval. Features THE ADVOCATE 11 Marshall-Wythe Student B-LAW-GS Other musical interests, or points a game, but he has at times apartment is. “The cleaner it is, the He will be 10 years old on obsessions, rather, include Earth, been able to go a whole week in more frustrated I am.” The obvious November 5, is a spoiled rotten, Wind and Fire, Led Zeppelin, and Jeopardy without missing a single question is what the current state of purebred miniature schnauzer, and Gustav Mahler’s Fifth Symphony. question. When asked how he his apartment is: “Um, it’s pretty “a real asshole” according to Jon. “I “Every time I see a new version I gained all this trivia knowledge, clean,” Jon laughed. Jon loves fried would kill everybody in the world have to buy it. I have 20 versions Jon explained, “My mother used chicken, chicken wings, and red for him, though. I’ve even thrown of Mahler. It’s a disgusting fi xation to get mad because I would stay Kool-Aid. “Great to go out with people out of my apartment for be- of mine.” in the bathroom for hours reading John Ambrose for chicken wings, ing mean to him, and he’s scared If Jon had a Makin’ the Band entire volumes of encyclopedias. beer and talk trash,” Jon said. to death of Patrick During.” show he’d put Buddy Rich on I made great time with my poop Jon loves making people un- drums, Vernie White on bass, time.” And he read all the Harry comfortable. For example, “I make Lenny Pickett on tenor sax, George Potter books in a week. racially insensitive jokes in front of Duke at piano, Carlos Santana and Jon aspires to politics and white people and know they want to Frank Zappa on guitar, and resur- would love to be White House laugh and can’t.” And, if including rect Lee Morgan from the dead to Chief of Staff some day, a revelation this in the Blawg is making people Brett quote play trumpet. that explains why Jon fears falling uncomfortable, this is success. Jon In addition to dropping the for someone with secret dirty pic- also admits to having no candor and record label, Jon also dumped the tures on the Internet. Other fears to not screening what he says. fi ancé before coming to law school. besides falling in love with a porn In closing, we had to include “The greatest advice I ever got was star are regret, having people tell King Quincy in the Blawg. from my mother before she passed. him what to do, and snakes. “Our She said, ‘Don’t ever get so caught grandmother used to tell us lies up in the fi ght, you forget what growing up about being attacked you’re fi ghting for.’ Which was by snakes in the ocean in Kentucky her way of telling me to dump my which made me scared of snakes fi ancé. Smartest thing I’ve ever and I don’t trust water. The slavery done.” thing might have something to do “I always hated practicing Jon is also a pretty smart guy. with that, too.” baseball, piano, and soccer. I Not only did he set a record his In other news, you can always senior year in high school for measure Jon’s level of sexual only enjoy ed practicing safe Brain Game with an average 32 frustration with how clean his sex .”

MarShall Wythe STudents get Dolled up for the PSF Halloween Party Photos Courtesy of Karen Anslinger (2L) Features 12 Wednesday, November 02, 2005 RAJDEEP JOLLY AND WILLIAM DURBIN ATTEND A QUEEN & PAUL RODGERS CONCERT ered a ten-minute solo that featured Will—As you can see from show in Washington, DC. Being a Raj—Take the pleasure derived his trademark effects-processed reading the above passage, Raj’s casual U2 listener, I distinguished from making love to Love itself, harmonies. Roger Taylor provided knowledge of and passion for myself from thousands of ecstatic multiply that by infi nity, and raise simultaneous drumming and sing- Queen pass all understanding. I am fans by my inability to sing any- that to the one-hundred-and-fi rst ing on I’m in Love with My Car, but a disciple learning at his feet, thing more than the song titles. This power. I derived more pleasure which contains some of the most and the concert at the Meadowlands typically unfolded as follows: from seeing Queen in concert. thoughtful lyrics ever recorded was the Sermon on the Mount Twenty-three years after Queen’s (“Told my girl I’ll have to forget for me. Queen and Paul Rodgers Raj: (silence) last American tour and 14 years her / rather buy me a new carbure- rocked the earth, and theirs is the Raj: … WHERE THE after the death of Freddie Mer- tor”), and shared vocal duties on kingdom of heaven. They played STREETS HAVE NO NAME!!! cury—and what seemed like any Radio Ga Ga (clap-clap) with Paul many songs I knew and some I WHERE THE STREETS possibility of touring again—Brian Rodgers, who held his own in the didn’t, but they all knocked my HAVE NO NAME!!! May and Roger Taylor of Queen face of inevitable comparisons with socks off. I concur with Raj that Raj: (silence) joined forces with Paul Rodgers Freddie Mercury. Freddie made a Feel Like Making Love was pretty of Bad Company for a world tour guest appearance on the big screens much the bomb. And I must admit The U2 audience seemed to that included two American shows, for Bohemian Rhapsody, which that I did get a bit carried away be much more energetic than the including the one that Will and I at- featured the band superimposing listening to (and singing along with) Queen crowd, and U2’s lights tended at the Meadowlands. Brian its music onto their fallen leader’s Bohemian Rhapsody. You would were spectacular; however, Queen May almost knocked my turban vocals, which were surgically re- have, too, if you had been a part delivered a punchier show that was off with virtuosic guitar heroics moved from a 1986 concert. A long of this once-in-a-lifetime, religious devoid of preachy political patter, on Tie Your Mother Down, Rock & ovation ensued. Other highlights experience. which, in U2’s case, should have Roll Fantasy, Hammer to Fall and were We Will Rock You and Will been supplanted by a few more I Want it All; he really let it rip on Durbin singing “Galileo” in sear- Postscript by Raj: A few days songs from the Achtung Baby Feel Like Making Love and deliv- ing falsetto. after seeing Queen, I attended a U2 album, which is their best.

Somethin' special's going on, every day at the Green Leafe Café! Nate Edwards is your late night bartender. He is a graduate of William & Mary and a Sigma Nu frat boy. He's an accomplished ax man and Sunday: Brunch 11am-5pm handsome gent who some say looks like David Monday: $8 Entrees 5-9pm Bowie, Kevin Bacon or an anemic Clint East- wood. But sorry, ladies, he’s taken—by his own Tuesday: VA Draft Night 5-9pm admission he would be in the gutter if not for his Th ursday: An Evening With Tony 4-9pm wife and two children. He can hit the high note Friday: New Draft Night with David Coverdale on Whitesnake’s Here I Go Saturday: Shrimp Night 4-9pm Again and dances to You Spin me Round. Drop by Check the website for daily lunch and dinner specials: Thursday nights to watch his artistry and be awed www.greenleafe.com by his mastery of the Shakers of Steel.