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College of William & Mary Law School William & Mary Law School Scholarship Repository

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

1977 Amicus Curiae (Vol. 9, Issue 6)

Repository Citation "Amicus Curiae (Vol. 9, Issue 6)" (1977). Student Newspaper (Amicus, Advocate...). 207. https://scholarship.law.wm.edu/newspapers/207

Copyright c 1977 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers MW-Student Scales Mt. McKinley In Fastest Recorded Climb heart beat of 150 per minute and about what line of work he is in elevation of 15,000 feet is the food in Talkeetna, Alaska - a (This is part one in a series of greatest of any mountain on dirt road town off the Anchorage articles in which the author, a sustain such a rate for at least most often replies, " Oh, I get one and a haH hours. This was to by. ' Nevertheless he has an earth over 4 000 feet greater to Fairbanks road. Here wood first year student at Marshall­ than ' Mount ' Everest. At a frame homes are the curiosity Wythe, recounts his adventures increase my endurance and to impressive list of ascents behind build up a hard core of reserve him including the North Face of latitude of 63 degrees North, it is instead of log cabins, mosquitos and reflections gathered from the world's highest peak above outnumber the inhabitants one his participation last summer in that could be called upon during the Eiger, Cirque of the the four week climb after all my Unclimbable in the Yukon 50 degrees latitude, and its hundred to one, and the Alaskan the ascent of Mount McKinley, weather is therefore as severe as bush pilot still reigns as a the highest peak in North other strength had been drained TeI,Titory, and the East Face of that found on higher peaks in the folkhero. America.) away. In the end you have Huascaran in the Andes. Hans is a rugged individual lower latitude of the Himalayas On .June 15 ·glacier pilot Jim by Richard H. Soaper properly prepared yourseH only if the training turns out to be who is slightly aloof ·in nature as we were so soon to find out. Sharp, in his specially equipped I knew it would be a long harder than the actual climb. and freely admits that most of We planned to attempt a route Cessna 185, landed us on a flat climb, perhaps the hardest of . At 20,320 feet Mt. McKinley is his friends are committed to on the South Face of McKinley stretch of the Southeast Fork of my mountaineering career. I North America's highest peak. homes or live in caves. He called the Western Rib which the Kahiltna Glacier, twenty certainly trained for Mount Alaskan Indians called it Denali marks. all his personal wr :, first climbed in 1961 and at miles from the mountain. It took McKinley as if it would be. - "The Great One" - but its equipment with a skull and that time was acclaimed the three plane trips to get all ten Starting four months before name was changed at the turn of cross-bones and that face, fInest alpine achievement in the climbers. and our four weeks' our departure date of June 15 I the century when William combined with his jet black history of North American supply of food and gas onto the built up my lung capacity, heart McKinley became president of beard, has acquired him the mountaineering. However, since glacier. efficiency and leg strength by the country. nickname of "Pirate." that time harder routes have When Jim at last flew out of running and hill climbing with a Our expedition consisted of six Mt. McKinley is an ice-clad been put up elsewhere in Alaska our base camp there was no pack weighted with seventy·five Americans and four Swiss peak lying in the Alaskan Range and on McKinley's South Face feeling of isolation or loneliness. pounds of bricks and sand. When climbers. The leader was Hans that justifies the use of itseH. We knew what we had come for. exercising I tried to obtain a Brunner, 36, who, when asked superlatives. Its base-to-summit We assembled our gear and (continued page 4)

~ ••••..••.•...•.•...... •..•.....•.•.•...... •..•...... •...... •.•.••••••.••••••.....•.•... ····················1 ~ : ~ Marshall-Wythe School of Law Coleman Visits MW by George Neuberger

State S~nator J . Marshall Coleman, Republican candidate :IAMICUSi~~CURIAE 'J , ':'L\ "'" - : for Attorney General, : campaigned at Marshall-Wythe Williamsburg. Virginia 23185 : Tuesday. In an interview with Vol. IX, No.6 Publisbed Fortnightly November 3, 1977 : the staff of the Amicus he ...._ ••••••••• _ •••• _ ...... _ ...... ------____._•• _ ...... : explained his view of the office of Attorney General as that of an advocate for the people. He Dean Spong emphasized his campaign proposals for reform of the criminal justice system and merit selection of judges. He To Be Aired stated that "Prisons should not be schools for the dramatic arts ; career criminals should not be rewarded by parole for their On WCWM ability to play the system for a sucker by their guile and acting. " He proposes the William B. Spong, Dean of establishment of presumptive Marshall-Wythe Law School and sentencing for each offense in a former U.S. senator, will be one system of crime categories. of this month's guests on "'The "The presumption should be that Monty Griffith-Mair Show," there will be incarceration for which is a weekly pu serious crimes and the criminal broadcast on WCWM FM-89. _ . should know this." He feels that Griffith-Mair's interview will • :,p;;.~~ punishment functions now as a focus on Spong's deanship of the Virginia voters will decide on Tuesday whether to replace this building with a new one. roulette wheel. Law School and his past Coleman stated that there is senatorial experience in the U.S. Election Preview: no consensus on the root causes Senate. Spong's recent State of crime and that he does not Department sponsored travels promise to solve the problem of to and India will crime in general or discover a also be discussed. The Making Of A Tuesday secret form~la for a cure, but he Other questions will be raised advocated that certainty in during the interview concerning On Tuesday the 8th of support of incumbent Governor Associate Dean of the Law punishment will have a such issues as the Bakke November the voters of this Mills Godwin, has put on such a School Tim Sullivan says, '·It deterrent affect on the crime Decision, the role of American state will go to the polls to elect a strong campaign that the race would be foolish at this point to rate, particularly for the career Bar Association, Law School new slate of state officers and to now seems very close. try to predict the outcome of the criminal. He noted that this will admission standards , pass judgement on a proposed The Lieutenant Governor's bond issue vote. There is little have a significant effect in that advertising of legal services and state general obligation bond contest features Charles Robb, a recent history to help us, 80 percent of all felonies are fees by lawyers, and what forces issue. new face with strong particularly since the bond issue committed by 20 percent of the are at work in shaping. the legal The state's three highest Democratic family connections of the 60's took place in a very felons (emphasizing how large profession towards the challenge offices, Governor, Lieutenant (Lyndon Johnson's son-in-law) different economic the rate of repeat offenders is). of the twenty-first century. Governor, and Attorney against Republican Joe Canada. enYironment. However, I think He favors mandatory uniform Delighted at the prospect of General, will be up for grabs on , Canada has waged a strong that it is important for us all to sentencing, reduction in the use raising such issues with Spong, Tuesday, as well as a host of campaign alleging Robb's remember that all of these bond, of plea bargaining, and host Griffith-Mair hopes that in spots in the Virginia General unfamiliari ty with' Virginia's not just the higher education restitution to the victim by the some small way his interview Assembly. The polls across the needs, but Robb holds the lead in issue, are badly needed by the criminal for crimes agaipst will show that " lawyers, like state will open at 6:00 a.m . and the polls. state and deserve our support." property. He pointed out that most human beings, don't fit in many places will not close In the Attorney General's run, Dean Spong says of the bond Oklahoma has had very nea tly into one pigeon-hole." until the early evening, so in the Republican Marshall Coleman is issue, "The bond issue is a most favorable results with such a In the past, Griffith-Mair has case of a hotly contested conducting a high-visibility attractive and inexpensive restitution plan. interviewed such notables as election, the results will not be campaign against Democrat Ed method of financing projects In response to a question on his Roger Mudd, Alger Hiss, known until Wednesday Lane's record of long service. that the General Assembly has view of the relationship between President Graves, and Scotland morning. Of particular interest to M-W put off for several years. The the fed~ral and state Yard's former chief Sir Robert The Governor's race pits voters is the ratification of the interest rate on the bonds, which governments, Senator Coleman Mark. The interview with Sir longtime Democratic contender bond issue, one of which is the may be less than 5 percent, will responded that "Principles laid Robert can be heard on Sunday Henry Howell against current higher education bond issue on be lower than the current down by the founding fathers November 13, at 9:00 p.m. Republican Lieutenant­ which the new law school inflation rate of construction. should be adhered to and· so · as Finally, the sixty-minute pre­ Governor John Dalton. Although building depends. All of the The Governor and all major Attorney General I would recorded interview with Spong is at the outset of the campaign major candidates support the candidates for office have welcome the opportunity to Scheduled to be aired on Sunday, opinion polls showed Howell with bond issues, but the outcome has endorsed the bond proposal. ciuillenge intrusion into state November '1:l at 9:00 p.m . a wide margin, Dalton, with the seesawed in the polls. (continued page 4) (continued page 3) Page2 Amicus Curiae November 3. 1977 Editorial APLA Sponsors Guest Editorial Moot Court (Joe Waldo. a third year student, responds below to an Amicus The American Patent Law Editorial endorsing John Dalton.) Association is pleased to Judging from his record, Henry Howell will be an ex­ announce the Fifth Annual Giles cellent governor. He was elected to the House of Delegates in Why Bonds? Sutherland Rich Moot Court 1959 as a staunch opponent of the massive resistance As will hardly surprise anyone. the Amicus Curiae would Competition with the dean movement. In the House and later in the Senate, he fought for Lawrence Award of $500.00 to like to come out in favor of the bond issues - all five - that the winning team. The as ta te minimum wage law, free public school text books, and must be rat~fied by the voters on November 8, 1977. Besides Competition is named after a the state's first conflict of interest law. the self-centered, but perfectly rational and commendable distinguished member of the ·Elected lieutenant gove~nor in a 1971 special election desire for a new law building for Marshall-Wythe, there are United State Court of Customs Howell promptly proceeded to vastly expand the scope of that several compelling reasons, which we will briefly examine, to and Patent Appeals and one of office. He refused to accept any salary, and opened the state's support all five bonds. the co-authors of the 1952 Patent first year-round lieutenant governor's office. The parks bond will not be used to purchase new park Act, and the award is in memory As a public service lawyer, Henry Howell has helped save land so much as it will be used to refurbish and open old and of a distinguished member of the the state's consumers over $21 million in telephone, elec­ undeveloped park lana. Particularly in a state with the Bar of that court. tricity, and automobile payments. In 1968, he won a federal Previous Competitions have beauty and heritage of Virginia, a large and well tended parks involved numerous law schools court suit that required Governor Mills Godwin, Jr. to stop system is an asset of incalculable value. If the parks bond from diverse sections of the withholding federal funds from local school districts. In that does not pass. either there will have to be a budget allocation. country, and we believe that this suit, Howell won the schools a t least $88 million. or tragically, our present park system will have to be cut back Competition will be of interest to Howell has presented a 12-tier campaign platform which and new park land will not be utilized. members of your faculty and to is unprecedented in its specificity, exhaustiveness and far­ The harbors bond is crucial as well becaue it so clearly your students. sightedness . . He has called for the streamlining of state ties in with the employment stability of the state. The The 1978 Giles Sutherland Rich government, for reform of the state's income and sales taxes Hampton Roads-Norfolk harbor is developing into the large in Moot Court Competition will be to make them more progressive, for creation of a state En­ the South, catching up swiftly to the New Orleans Port. If the divided into four regional vironmental Protection Agency and Consumer Protection harbor does not have the money to expand, however, this competitions followed by a Agency, and for the elimination of utility rate-padding. national competition among the development will halt and employment will go down not only top two teams from each region. Notwithstanding the fact that Henry Howell runs on a at the harbor but all over the state. The harbor's commerce The regional competitions will record of positive issues, Marshall-Wythe students would do generates a significant number of jobs not only in Virginia but be held in Los Angeles, Chicago, well to have him as their governor. From the beginning, -in the entire South. Houston and Boston on the Howell has supported the Bond Issue tha twill crea te funds for The Mental Health bond needs no elaborate justification. weekend of March 31-April 2, a new law school building, but that is not the only expression Presently, Virginia ranks below the national average the 1978 , and the national of concern for the nation's oldest law school. Back in 1959 most underdeveloped medical fields in this country and in tbe competition will be held in when most state legislators would not give this law school the world. Yet with proper facilities for research and care, Washington, D.C. , Wednesday, time . of day, it was state Delegate Henry Howell who an­ mental health is the medical field with one of the best hopes Thursday and Friday, April 19- swered the pleas of law students here, and obtained state for success. Virginia desperately needs the mental health 21, 1978. funding for badly needed air conditioning for the dilapidated facilities necessary to care progerly for its needy citizens. Each participating school will law school that met in the basement of Camm Dormitory. His be represented by a single team Similarly, the prisons bond is necessary for Virginia to concern for this law school never ceased. In 1973, in one of his of two students, chosen in any meet the needs of its citizens. Again, Virginia's facilities are manner satisfactory to the last official acts as lieutenant governor, Howell tried in vain below national standards. Particularly critical are now school. The team will be to persuade Governor Linwood Holton to transfer funds for a facilities for juveniles and first offenders, for the rate in required to submit three copies state correctional facility that had been canceled to the states with adequate facilities of this nature has been each of a brief for the appellant building fund for Marshall-Wythe. Had Howell been suc­ dramatically smaller than Virginia's. Recidivism rate is the and a brief for the appellee by cessful William and Mary's new law school building would be measure of success for a prison system. A low rate meaI.1S February 24, 1978. in operation today. Of course Howell's concern for the law rehabilitated, useful ex-convicts as well as a safer and If more than eight schools school will be of importance to this student body, but his cheaper state for 'all other citizens. choose to participate in anyone election's real importance comes for those people in Virginia regional competition , Finally, there is the subject closer to our hearts, the who for so long have not had compassionate government. And higher education bond issues. Besides the law building, tbe participants ' in the oral arguments will be selected by government dedicated to the interests of all citizens, weak or need for which we all recognize, 'the bond will finance a strong, is what Henry Howell stands for . . - the Association on the basis of number of other projects, for example a new library IEor the briefs. In th<::t case, Virginia Tech. Tech has become one of the finest colleg1es, participants will be notified libraries could be bought with That is why I am enclOSing my public or private, in the state. Yet the library is presently so promptly as to whether or not the same money. Well I think life savings of $1.37 to contribute inadequate for the student population that Tech also faees they have been selected for oral these people are just selfish, to your new law school. (Don't accreditation problems (albeit mild ones) . In order to arguments. that's all. tell dad, he'd flay me alive). maintain the outstanding quality of its educational programs, If interested, see Elmer Dad says that mom would Your friend, Tech must have that library. Schaefer. We have one team have survived her heart attack Virginia The bonds are necessary to the citizens of this state, and candidate already. last spring if we could have afforded to have emergency Dear Virginia, the economics of the bonds make sense. ambulance service in our Thank you for your donation Next Tuesday the School of Law here at William and ' Letter county. He says that with the and sl)pport. Because there's Mary is scheduled to take an examination which is to be money they're going to use for really not much we can do with administered by the legislators of the State of Virginia and the law school every county in the $1.37 we have decided to graded by their constituents. We think it is neither unfair nor to the' the state could get a least one make it a symbol of all the improper for those constituents to question the need for a new emergency vehicle. Well, I think contributions of Virginia law building. Inde~d , we -encourage and have encourag,ed Editor that's silly. Mom would have taxpayers. Accordingly, we during the course of the campaign, citizens of this state to died anyway because there's no bought a bottle of Ripple and oppose new spending programs financed by all of us yet Miss Virginia Ingenue real d~tors out here. and as for drank it up, toasting you and the directly beneficial to few of us. We believe, however, that Route 1 our local library I don't think it taxpayers the while. Buckingham County, Va. makes any difference if the Yours, even though the need for a new law building is sufficiently cover is falling off a book so long The Editors justified by the facts, figures and practicalities of the Dear Mr. Editors, I am taking pen in hand to as most of the pages are there. situation, there exists an independent reason wl)y we support I think the argument that we Furr to the bond issue. write you a letter telling you how awful it is that some people don't will all benefit by more Judge Trial We, the students, faculty and administration, have think we need to spend our taxes competent attorneys is a good watched, at times with bated breath and whispering hum­ one. I would be so ashamed if the The Trial Lawyers on a new I;iW school. (please Association, under the peerless bleness. as the fate of the law school has hung on first one, forgive my handwriting ; we ran attorney representing the dry goods store didn 't do a good job captaincy of Billy Breit, will then another, and now finally the last vote. We have all out of heat the other day and I stage a mock trial in the Moot wondered what will happen if the American Bar Association have to wear gloves). when he comes to attach some of our furniture. It is important to Court Room on the evening of Some people t~nk it is not calls its bluff. We have speculated on the possibility of dire me and to all Virginians that our November tenth, beginning at consequences and we have wondered whether it is actually important to have an expensive lawyers be the !1!vst competent 7:00 p.m. possible that from us, in the midst of our finest hour, would be law school that would only anywhere. Why, I'd rather die The subject matter of the trial taken our accreditation, our shingle of respectability to the benefit the few who can attend than have a poorly drafted writ will be method of drug citizens of this and every state in the nation. when things like health care and served on our family. (continued page 5) When we vote in favor of the bond issue, it will be a vote of confidence in the law school. It will say to the people of this state that we acknowledge the high quality of the faculty and students at Marshall-Wythe. It will express for us the regard we hold for the ability of the Marshall-Wythe School of Law to provide the legal profession with a means towards its end. We exhort all of Virginia's voters to acknowledge a similar regard by favoring the bond issue on Tuesday. It is the least we can ask for Marshall-Wythe, our nation's oldest school of law. Virginians ought sooner to remember Thomas Jef­ ferson's words than to. abandon the law school he founded. "Never buy what you do not want, because it is cheap to you; it will be dear to you." We openly state i.t is dear to us. • Novemi>er 3, 1977 Amicus Curiae Page3 Diaboli by Rask9lnikov Mr. Raskolnikov : From time to time RaskoInikov writes things that earn him the vehement disapprobation of the distaff side of our law school population. In short, Raskolnikov's tendency to poke fun (if nothing else) at women has gotten quite a number of them hot under the collar. Therefore in the interests of fair playas opposed to fore play 01' Raz has decided to turn this week's column over to one of the opposing sex so that the men can get their's for a change. (l say it's about time - most men here haven't been getting anything lately. ) So without further ado let me introduce to you my colleague in arms (heh, heh) l\1iss Natasha Pizdetsky: The Marshall-Wythe Man Marshall Coleman, at left, visited Marshall-Wythe last Tuesday to discuss his campaign as ' the by Republican candidate for Attorney General of Virginia. Natasha Pizdetsky

A.. A d i::linu ti.e , i n signi fi can t I or l'resuoptuou8 pe rson (colloquial ) : The following explanation is based on a system used at the Georgetown University Law Center. 3 . - :to, .,,~ :'\"l. ll ,,0 tab ok by t!:e a ut'-lor of the qu ')ted pa ss.lte -: The present system of scheduling examinations would continue. A student would be able to reschedule an examination if it 'started within twenty-four hours of the start of another examination on his :'~ ey r=a. de a treat,. wi!!"l the RuS3i :! ns in 193Q , but '"I nlv becaus e they had no c hoice : schedule. For example: if a student had a 9 a.m. exam on Monday and a 9 a.m. exam on Tuesday, there would not be a conflict, the starting times of the two exams are twenty-four hours apart, not D. The stUd y of' hu::!an 5;:-ee c ~: within that time period. If a student had an exam at 1 p.m. on Monday and at 9 a.m. on Tuesday, there would be a conflict and' one of the E .. '!'he status o f the Uni ted Sta:'es as of!"i c i ally recognized. by !:nJrlalld ill • 17 8~ treat ,..: examinations could be rescheduled.

The rescheduling of examinations should be able to be worked out F.. :·~ J. ne lake 1 n county of the 5aQe nUia: between the individual students and professors involved.

G. The U • .3 . curre n tl,. contro l s the "ke y" to t ~.i:s Central ~ er1c a .tl: "lock" : Under the Honor Code, there could be absolutely no conversation about an examination between students who have taken the examination and one who has not. Students could sign a pledge to the Fr. ::~ W York state oaru:Jade waterW'~.T (2word3): effect on their examinations. :'~k e :. :'\ t o a coherent ·.... h ole : Naked· Eye, Cont'd. J . Su bJect. t o a 10::3S 0 1 voluntary ~o t io n:

l"re-ffffI !l3:::!e of :.he can-a l connecting the Baltic and North Seas: escort, a famed Resistance leader whom the Nazis have been after for years (Paul lIenreid) , come to Rick's trying to arrange passage to the United States via Lisbon. The woman, however, is an old flame-­ the old flame-of Rick's, and the reason he wound up in North Africa _ . : o r r:: er ~ !' itish ""'rotectcr ate tha t ne ells a 'tood tren ty with South Africa : in the first place. The film really gets interesting at this point­ there's intrigue, suspense and numerous, excellent small touches of humor throughout. More than that, there is the film's ambience-­ Y. ; ::e ans for the : -:-esident t o incur foreign obli~ a t1ons ...."it hout Senate consent(2 worcl.a): smoky, exotic nightclubs, the back streets of the city, a foggy airport in the famous last scene. In short, it's irresistible, especially to those who stili retain a spark of the romantic. The cast reads like an all-star :~ • .; u::I:l v er

THANK GOD IT'S OVER! THE AMICUS CURIAE PRESENTS: T.6.I.O. Graduate Student Center 9 :00 a.m.-l :00 p.m. Wednesday, November 9, 1977

- . POST-ELECTION GALA • REFRESHMENTS _ Friends Of Marshall-Wythe Welcome