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1987 The Advocate (Vol. 19, Issue 6)

Repository Citation "The Advocate (Vol. 19, Issue 6)" (1987). Student Newspaper (Amicus, Advocate...). 278. https://scholarship.law.wm.edu/newspapers/278

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 Marshall-Wythe School of Law

Volume XIX, ~umber 6 Thursday, November 12, 1987 Twelve Pages It's a Girl! Clariett Controversy Ends in Settlement By Char It's Fincher mittee. Lamont cites the announce the purpose of the ex­ unauthorized invitation of Jerry ecutive session. Clariett further A _eries of personality conflicts Brown as the reason for the lack charges that it was improper for have caused the resignation 0:' of trust. her, a sitting board member, to be Charlotte Lamont from the co·· Upon Lamont's resignation, Holt excluded from the hearing. She chair of the Graduation committeE' requested removal proceedings also felt that a vole by secret ballot and forced the removal of Mara before the executive board Citing was an unconstitutional means of Clariett by the SBA Executive "fairness" and "effectiveness" as " hiding members from public ac­ Board. At a subsequent meeting. grounds for removal. Clariett con­ countability .. , the removal was rescinded ir. tends Holt's motivation stemmed ' Holt contends that the board pro­ return for her resignation and from personal dislike for her. ceeded with due regard for the in­ John Basilone was appointed the Regardless of the grounds, terests of all parties concerned new Graduation Committee chair. Clariett argues that the procedure given the sensitive nature of the The matter has been further ex­ for removal was defective. Given issues at hand with the goal of pro­ acerbated by allegations of pro­ the current lack of guidelines in tecting the privacy of the parties, cedural impropriety regarding the the SBA constitution, Clariett free speech, and "reputation of the removal. Prior to her resignation, points to 2.1-344(12) (b) and (c) of parties." Clariett had reapplied for the va­ the Code of as providing Clariett was expected to make a cant chair, but withdrew as part of the proper procedure for removal bid for reappointment. But at the rescission-resignation of chairpersons on committees Tuesday night's SBA meeting, the compromis . receiving state funds. board moved to rescind the Citing "personal differences" The relevant sections of the code resignation in exchange for and "lack of trust.·' Lamont sub­ require that the subject to be Clariett's retroactive resignation mitted her resignation as commit­ discussed in executive session from the chairmanship. Subse­ tee ..:o-chair. The rift in the com­ be announced prior to excluding quently, John Basilone was ap­ mittee is the result of Clariett's the public from the meeting. Fur­ pointed the new chairman of the unilateral decision to invite Jerry thermore, executive session may Graduation committee. : Brown. former California Gover­ be called only during a "public At the same meeting, upon a mO:­ ~ nor, to be the commencement meeting for which notice was tion . by first-year representative speaKer at gradua i n. Clarie t e - gi 'en p '::,uan to ~.l-;'"i ~," Deci­ MatIlda Brodnax, th Ovard lidS ! plains "I didn't realize it would sions of the executive board are charged the Constitution and By­ ill cause a problem. " not effective until the board laws Committee with the task of ~ Thereafter, neither party was reconvenes in open meeting and reviewing the SBA 's removal ~ able to communicate with one takes a "vote of the membership. " policy with an attendant recom­ Glenn George and Gene Nichol became doting parents of a baby girl. another. Clariett contends Lamont Clariett was concerned that none mendation that removal be by a Jesse, on Friday. Professor George (above) proudly allows the Advocate and Leigh Ann holt, President of of these procedures were followed . two-thirds vote. A few law students a glimpse of the new addition to the family. the SBA. were not receptive to any Clariett received notice only attended the meeting and voiced of her suggestions, She claims they moments prior to the open their concern over SBA's use of refused to work within the com- meeting. The officers neglected to closed sessions and secret ballots.

SBA President Leigh Ann Holt (L) directs the Tuesday Executive Board meeting which accepted the resignation of Mara Clariett (R) from the Graduation Committee Chair.

=:=::: = = = INSIDE THIS ISSUE Faculty Profile ...... p.2 Editorials ...... pA Columns ...... p.5

Bench Classics ...... p.6 I: ~ Fair Notice ...... p.8

;... Race Results ...... p.l0 III ~ Little Willy ...... p.ll ~ Page Two Thursday, November 12, 1987 The Advocate Faculty Profile Civil Rights Expert CODles to M-W By Jean Hernon minority business set-asides. Devins also served as the Commis­ A newcomer to the Marshall­ sion's jurisdictional advisor in Wythe facu lty this past fall is Pro­ determing its grant of authority fessor Neal Devins.This semester under the enabling statute. Devins has been teaching a course in Family Law as well as a sem­ inar in Education Law. In the The Civil Rights Commission is spring, he will be teaching both essentially an advisory, fact­ Constitutional Law and Civil finding agency with no enforce- . , Rights. ment powers. Although Devins believes the Commission "poten­ tially can, and did, have great in­ Raised in New York, Devins did fluence," the fact that it is not an his undergraduate work at enforcement agency means that Georgetown, where he majored in ideology plays a larger role than economics. He attended law school · at other agencies. Ideological divi­ at Vanderbilt University in sions were compounded by the ten­ Nashville. Graduating in 1982, sion between Presidential and Devins remained at Vanderbilt for Congressional appointees to the two years, first as a research Commission. This mixed appoint­ associate and later as project ment scheme and the conflicts be­ director for the Vanderbilt In­ tween career employees and stitute for Public Policy Studies. political employees impeded the There, Devins was able to satisfy Commission's effectiveness, he his interest in education with said. research in such areas as the regulation of religious schools and desegregation. Calling his tenure at the Civil Rights Commission "a learning In 1984, Devins went to work for experience about the problems of the U.S. Civil Rights Commission government," Devins went on to as an attorney advisor, and was emphasize his many rewarding later promoted to Assistant Gen­ experiences at the Commission. eral C.()uose! to the Commission. Looking back, Devins calls it a "good transitional job" for some­ one who always intended to teach Professor Neal Devins relaxes in his office. At the Commission, Devins law. prepared reports dealing with good points raised in his Family values student preparation and in­ learning about being a home­ federal civil rights enforcement by Law class, and is pleased with the volvement. Indeed, Devins sees owner. He and his wife, Dean other agencies such as the Federal Devins is enjoying teaching at class's ability to keep him "on his student preparation as essential Deborah Vick are also the proud Equal Employment Opportunity Marshall-Wythe and describes the toes." Devins described his own for his job "to be as enjoyable as owners of two Lab puppies. Commission, as well as the Justice students as "challenging." Saying attitude as a law student as "relax­ it can be." Although recognizing some of the and Labor Departments. In addi­ that the "reason you get into ed." Now, as a teacher on the limitations, Professor Devins is tion Devins researched affir­ teaching is to learn," Devins has other side of the desk, he is sur­ When he's not teaching, Pro­ happy with the quality of life in mative action,· fair housing, and been especially impressed with the prised to realize how much he fessor Devins is busy biking and Williamsburg. Fund Clears Its Name By Kathy Hessier school's ability to broaden career Wanted opportunities for the students. What do mugs, donuts, t-shirts, Dean Sullivan has allocated "power-lounging" and three $2,000 from the general Alumni 1988-1989 Deans have in common? The Fund for what he sees as "another William and Mary Public Service form of student scholarship." Fund. The name of this organiza­ Dean Sullivan feels that this tion has been tossed about quite a money, which will guarantee at BUSIl'JESS MANAGER lot lately, without much least one summer grant, is an "im­ understanding of exactly what it portant beginning for a program means. Finally, to clear up this that ought to grow because public for the Advocate topic of hot debate, here are some service is a critical part of legal definitive explanations. professional responsibility." © Great Experience. The William and Mary Public Dean Kaplan has made a very Service Fund was created last concerted, affirmative effort to in­ © TtVork on your own time. semester by a few students and crease information and resources faculty in response to the dif­ in the Office of Career Planning © Trained provided. ficulties in obtaining legal summer and Placement in the area of jobs in the public interest field. public interest, especially with © Prime Resume Filler. Although there are many jobs in regard to innovative funding this field, as many of you know, sources for summer jobs for there is not a corresponding finan­ students with financial need. He Contact Sue Hubona (3L) cial base. Many of the Jobs in this had worked with the students since area provide little or no salary. It the organization's inception and is, therefore, very difficult for law has helped create its foundation so """'~""I:."'IIIIIIIIII~~II~'"I'""I"I~~ students to afford to explore this that it will continue to exist for I ~ field as a potential avenue of career options. future students and continue to · I Colonial Barber Ik . d I This is where the mugs, donuts, gr~~~ commitment of the ad- , I Wa -inS . an Appointments I etc. come in. The Fund is simply ministration and faculty to this · I & I an organization which will receive organization and to the field of I $1 OFF HAIRCUTS WITH ~ funding and grant sumer stipends. public interest law has been com- I I For the time being, it has little fun­ mendable. They, and a few i Beauty Shop . I draising capability of its own. dedicated students, have created I STU DEN TID 'S I Another student organization, Law the possibilities. It is now up to the i I Students Involved in the Com­ student body to show its commit- I $25.PERM SPECIAL I munity, is helping with the fun­ ment, both to the field of public in- I I draising effort by giving the pro­ terest law, and to their fellow I - INCLUDES Shampoo, Halrcut, Style and Set I ceeds of their Monday Donut Sale students, by supporting the j I ~ and the Power-Lounge-a-thon to various p.rograms sponsored for I 2 2 0 8039 I the Fund. the benefIt of the Fund. I Tues-Fri 9 AM - 6 PM - I Dean Vick is likewise donating Now that you all know what the I I the proceeds of the mug and T­ Fund is about, I hope to see lots of I Sat 9 AM - 5 PM I shirt sale to the Fund, and has you lounging in November with ~ ~ been more than receptive to any donuts, mugs, t-shirts (and I 1505 A Ric.hmond Read between Go:o

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Clockwise from the top right corner: Another peek at Jesse.

Hariette K. Dorsen, General Counsel for the Bantam, Doubleday, Dell Publishing Group, Inc., addresses the "Libel on the Editorial Pages" conference last Friday. The Institute of Bill of Rights Law sponsored the two-day event held ~ov. 6-7. J ohn Roberts (L) in a contemplative mood as he joins his partner, George Stevenson, in assembling pages of their App. Ad . brief minutes before the 4:00 p.m. deadline. The entire law school is rapt with curiosity as to the identity of the un­ fortunate soul shorted by RICOH. The multitalented Matt Rau (L) and Steve Mulroy (R) thrilled a cof­ feehouse crowd with their rendition of "I Found Budda on the Back Seat of a Bus," a Steve Mulroy creation. In the background, Bo Sweeney anx­ iously awaits an opportunity to clear the stage. Page Four Thursday, November 12, 1987 The Advocate

Inter Alia----,------decisions. Mara Clariett, a member of the executive board, was 3L's not allowed into the executive session where she was ousted from her position as Co-chair of the Speaker Com­ On Glasnost mittee. She was told it was for her own privacy interest, March After the SBA's most recent closed executive ses- even though she waived any such interest and wanted to sion, one junior member of the council is purported to take her normal seat on the board. To further stiffen the Dear Editor: have said they were doing the right thing, but didn't know defenses, the board then cast a secret ballot, so that the Now that the furor over the if they were doing it the right way. The senior members members of the board did not even have to face each graduation committee chairman­ ship is dying down, we would like of the student government should share such insight. As other in making their decision. Above all else, students to applaud the SBA's handling of Chief Justice Burger said in Richmond Newspapers v. who elect representativ,es are entitled to know how their the matter at the Nov. 10 meeting. Virginia (apologies to all second-years)"People in an open representatives vote. All parties involved placed the in­ society do not demand infallibility from their institutions, Holt's handling of the Graduation Committee matter terests of the third-year class but it is difficult for them to accept what they are pro- has been disappointing. By retreating into executive ses­ above their own. The result allows hibited from observing." sion and then casting votes by secret ballot the elected everyone concerned to maintain significant input into a graduation On Oct. 29 the SBA voted to diSmiss Mara Clariett members of the SBA removed any vestige of personal ac­ planning process headed by John from her position as co-chairperson of the Graduation coutability for their decisions. For the Chief Justice of the Basilone. We hope all members of Committee. (See story, page one) This editorial does not Judicial Council, an appointed official, to practice covert­ the class will put the episode in the examine the merits of that decision. Rather, the purpose ness at a paranoid pitch is without virtue. For elected SBA past and cooperate with John in organizing a successful graduation is to question the decision-making process with respect officials to do so is inexcusable. ceremony. to the dubious practice of 'star chamber' politics among Whatever the "right thing" was that guided each of organizations at Marshall-Wythe. The SBA is not the on- these decisions is nullified by the indecent mode by which ly transgressor. Al!h0ugh the reI?oval later. rescind- the results were reached. S.J.M. & G.G. Susan Coughlan ~as David Watson ed and replaced WIth a retroactive reSIgnation m a com- 3L prom.ise mo:re, the procedural impropriety- closing meetmgs durmg every controversy- remain. Letters t 4() the Edt-tor It is ironic that Clariett's activities as co-chair can IT °z H Ott . be classified as under 'star chamber' as well. Making a nez Z er decision on the· commencement speaker without con- sulting either the other chairperson or the student surveys Dear Editor: are a combination of wanting to directly contrary to Mara's ex­ see the 1988 graduation be some­ pressed wishes that everything be Never let it be said that the Cllass is not acceptable under the present Graduation Commit- thing special and wanting to stand on public record. The result is that tee system. But the procedure followed by the SBA to of1988 did anything the easy way. h CI If we are remembered for nothing up to Das Holt - something no a campaign of innuendos has been punis ariett for her crime, that of alleged inability to else, we will certainly be remem- one else seems willing to do. permitted to go forward un­ work and consult with others, mimicked the crime itself. bered for the tempests various By the time you read this, the checked. The closedness demonstrated by elected officials at the members of our class have stirred Executive Board's decision on her A second quaint trick is that, re-application will be past history. presumably through the auspices up. If the Class of 1987 had Damian Oct. 29 meeting in response to Clariett's action is not ac- I can:not begin to guess what their ept bi d t Th . . I Horne, we can counter with - We of a so-called " interim" chairper­ h d J hn P li d Le· h Ann decision will be, but I hope it will cae un.l. er any sys em. e reason IS SImp e: a 0 0 se an Ig son, Ms. Holt is attempting to get accoun tabIlty. Holt. Of course John deprived us be the right one for us all. around a petition conducted by Bil­ Secrecy and accountability do not complement each all too soon of the wonders of wat­ Un:fortunately, Fraulein Holt's ly Henderson, the SBA Vice Presi­ other. If an organization is going to go to the trouble of ching him in action as he struggl­ Machiavellian tactics have not dent, to have Justice Thomas of ended there. Not only have many setting up a republican system with representatives who ed with existential angst. It's too the Virginia Supreme Court speak people been led to believe, er­ at the Law School's graduation bad can't say the same of are supposed to be responsive to their constituency, they w~ roneously in my opinion, that there ceremonies. Billy had 105 sig­ tabr h t f f t b·l·t d Fraulem Holt. es IS an expec a Ion 0 accoun all y an must be For those of you in the dark, let really was some cause (beyond natures on his petition, well over true to that sy~t.em.. me elaborate. Last year's SBA Fraulein Holt's personal antipathy half the class. Yet it is necessary AccountabIlIty was suspect m another recent star Executive Board had the eminent for Mara) for Mara's removal, but to have a new survey. Apparently chamberlain's actions. Will Murphy asked Chief Justice good sense to name Mara Clariett Das Holt has very disingenuously nothing is to be settled about the used the device of a " closed, ex· be Chau:person of the 1988 graduation until it is settled in Jude Klena of the Judicial Council for a copy of the t? ~raclu~­ ecutive" meeting to avoid having accordance with Das Holt's IT.linu~es of ~ Judicia~ ~ouncil meeting that Klena had ~:~=~~~. ~serae~!:~~~~e~ anything on the record. She con­ wishes. ~Ited m m~kmg a deCISIOn. Klena acknowledged he was witnessed by the four-page resume tinues to use this device to avoid m posseSSIOn of the document, and that there was a right of prior social-activity experience answering straight questions- Continued on Page Eight of access, but then ii1Voked the 9/10ths of the law that they she. su?mitted with her re­ d 't t h t M W d f d t d apphcatlOn to the SBA. Un:for- ~n eac a - an re use 0 pro uce. a cop~ of the tunately, last year's SBA Exec- !l1mute~. The appearance was that of a publIc offICial tak- I utive Board was not omniscient. mg arbItrary actions to render himself unaccountable for . Hence this year's debacle as Mara his administrative decisions. This editorial does not com- and Charlotte Lamont, with the ment on the merits of Murphy's claim. The route taken ,help .of their friends, failed to com­ by Klena sh uld h ffl d I f th ul· I murucate, let alone be able to work o ave s I e anyapprova 0 e tImate I together. Charlotte resigned (two Mushill-Wythe School of. La" outcom~ . . . weeks before the SBA meeting JudiCial Council abuse of secrecy codes does not stop where Fraulein Holt engineered EDITORS IN CHIEF ...•Gerry Gray A B. KDdertie Y-C there. Prompted by spite, by-laws, or a combination of :the de~ailment of Mara's chair­ MaDagilag Editor ...... _. .... __ ..... _ ...... _...• _ ...... ~ Lewi5 both, Klena did not reveal the Judicial Council vote to imanship). Mara was never in- CGpy Editors ...... PaIIl ~ R.- B1uw*r. IWtIt sa.. either the a~pellant ?r the Advocate reporter who re- ~~r;~~on~ s~I~:U~~ t;~:e:~ News Editor ...... s&eYe M*wy quested the mformatIOn. wasted. Then Fraulein Holt Spor15 Editor ...... -••.. -...... ----•.••••••••• _._ •.Da.rra ..... The individual votes of the council members are not struck. A few dtinutes before the Pbotegraphy EdHar ...... _..... __ ...•..•.•.•.• _.-MarIt Ralty made public. In a matter as trivial as Klena painted the October 29 SBA mee~ing she told Reporters ...... -...... -...•..PIliIIip S&eeIe. &eye. Mk&er. Murphy appeal to be, there was no need for the justices Mara that she was gomg to see~ to Jeaa ~ J ...... GnepI. t d th I f bl·· . have her removed as Graduation Cday Lee, Jea B ...... o guar. eI?se ves rom pu IC opmIOn. The only pur- Committee Chairperson. Of Pam Barbr, Karin H_au pose clOlstermg served was to take the council one step course, Das Holt never wanted PIHMograpiaen ...... _... _•• .Lee ...... RaMy Repclaed. further away from credibility. Mara anywhere near the chair­ RedIIey WiIIeU. BreMa WiIIiaas In a less formal instance, a second-year student who manship to ~~in with so that was (AhomajsU ...... -...... -.e Da~ Jeff Yea&a, had donated to the class award project asked an organizer hardly surpnsmg. Un:fortunately . WIIl .....y f th h I h· f d f h b . for us all the SBA Executive PrMac:tioIl ...... -...... GI'e« Paw, ABay Birki&et, o esc 0 ars Ip un or t e n~m er of applIcants for Board let bas Holt get her way. Elballe6 . D ! , r:~ Ray GaD!".,..., the award. The request was demed. He was not permit- That move was a loss to all the . ~ lkBrayer' ted to know the details of what became of his donation. third-Years, whether they realize BaiJIes5 Maaager ..... _ ...... -•••••••• ; ....._._ ...... s.aa a.... In each instance the motive for secrecy was different, i~ or not. The c?ntinuing loss of but ultimately they all thought they were "doing the right bI?e for plan:nmg and getting Published every other Thu~ during the academic ~ ex.cept during ex thing." The Class Award organizer evidently did not want ~~1!.underway has been un:for­ and vacahon penods. Funded 10 ~ by the PubIicaIiona Council of the of William and Mary. to embarrass the award recipient by making known how Mara, perhaps wisely or per­ Opinions expressed in this ~ do not necessarily represent haps not - depending on your f the entire editorial board Of of the students, faculty or administration of few people had participated in the "class" project. The arshall-Wythe School of law. Chief Justice thought his Council too lofty a body to deal point of view - reapplied for the ~ers.'o the.Editor should be t)IpIId at ~ on 8~11 paper. The with so ignoble an issue as the First Amendment. SBA position ~ince it was open to for inclusion m the Thursday ediIion is ~ at 5 pm. The All II President Leigh Ann Holt seems to feel she must shield ~::do~~: ~~~~~~~:n~:~ eserves the right 10 edit submission tor reasons d SI*=e and darity. elected SBA members from any adverse feedback to their My own guess is that those reasons Printed by the Virginia G~e. . . . ' .. ~ .. ... -~ . .. , .- ." . - " ' p .. . . ' " .'" ...... ' .'" "" .: ~ " .... ' .; ' ..' ...... ". • .. .1 · ...... " ._ :!' """'- . ~ ;- t .," :- ...... " ." , ...... ,

The Advocate Thursday, Nove mber 12, 1987 Page Five Manumission From The Right By Jeff Yeats for a while. Sometimes a very long Orleans dealer into a swap: the while. Toyota for $350, a gasping old Heroes rustbucket of a Pontiac and Garri­ THREE WEEKS!!? I just ty's honorable promise to pay $350 By Mike Davidson finished The Brief for crying out Garrity got along in Phoenix for on the first day of each of the en­ the .nation out of a depression. loud ... For crying, period. a long time, but the serenity of the suing 60 months. Everyone has heroes. When you desert drove him to extreme were growing up it probably was King did more for civil rights in Now it's Exams. This is turning behavior once again. The last I your father (l know that sounds this country than any other into a lot of work. I figured it would heard was a meandering note Pity the poor saint assigned to sexist, but you'll get over it). Many American, with the possible ex­ be a nice, three-year vacation on scribbled on the back of a court my friend Garrity, for he works parents worship the fellow who in­ ception of LBJ. Ike directed the borrowed money. document. The paper apparently overtime. No one bothered to vented the "fire and forget" largest wartime coalition in check the Toyota's history. The disposable diaper. When not wor­ history (in addition to managing There was a time, not long ago, signaled the official end of his association with the state of possession charge, for what it was shiping Dad, young children (and West Point's football team as a that I had a job. I gave it eight worth, was dropped, as was the most Marines) are mesmerized by cadet). All three stood for hours a day and packed it in, cook­ Arizona, at the state's insistence. A crude sort of plea bargain which concealed weapon charge, and Big Bird, Bert, Ernie and AlL A something greater than ed a decent meal and took the rest Garrity walked into the El Paso quick glance around the law school themselves (Army had a winning of the night to my own devices. did not detail the offensive conduct. sunshine three days and 500 will reveal the special affinity season tha t year.) Their greatness Wretched though they may have Western Union dollars later. Naval Academy graduates have far outshadowed their vices. Hart, been. for Tom Selleck of "Magnum PI." on the other hand, had no such He was lucky to get to Phoenix (Army over Navy by 7 on defense. Hart stood for Hart. At least I didn't have all these in­ For his part, the dealer finally in the first place. A trooper stop­ November 28th ). Etched forever cidental demands upon my even­ retrieved his truck, in a Phoenix ped him for speeding, just outside for the anals of time, the names Compare the recent Supreme ings. Three weeks. Just what I suburb, some 18 months after it of El Paso, only to discover that Steve Frazier and Tom Kohler ap­ Court position. Bork turned out to need, about twenty days to discern left the showroom floor. And now be a closet liberal and Ginsberg the law from all the reading I my friend had no valid driver's pear in the imitation marble of the license and was uninsurable. Garrity has to leave Phoenix and second stall from the door, first reveals himself as some dope­ haven't done this semester. It's the rest of Arizona. smoking Harvard type. Nutshell time. floor men's room - placed there by This revelation led to a search My hope is that he found hls way some young impressionable Compare the old movie stars I know some people may suspect for proof of ownership, which turn­ to the forests of Oregon where his pseudo-mathematician expressing with today's crop. During World my motives in mentioning a com­ ed up just after the holstered .38 in occasionally dangerous outbursts his hero worship in the only way he War II, Clark Gable was a mercial product in this column. the floorboard. will be better understood. Unfor­ knew how: using an algebraiC for­ machine gunner on a B-17 ; Robert mula involving Steve, Tom and fly Rest assured, if the Nutshell peo­ tunately, I have this vision of him, Montgomery commanded a ple only knew how they have just It wouldn't fit the glove-box, you tooling the streets of LA on his fan­ feces. Of course we all know the destroyer at D-Day; Jimmy been insulted, they would probably see. And the box didn't lock cy Goldwing motorcycle, taking in strong admiration Tom and Steve Stewart earned a Distinguished demand money from me. anyway, so what's the difference? the eternal sumer through mir­ feel for Will Murphy, shared no Flying Cross while commanding a rored shades. doubt by the Marshall-Wythe bomber squadron against Nazi They could take my van, but I'd There is no differnece. Under J udicial Council. Germany; Lee Marvin was kill before they touched the record the toolbox behind the seat wounded on Saipan; and Victor collection. Then again, they'd have Garrity has no Exams beyond Mature spent eleven months on wouldn't be good enough. Under the challenges of each day, taken Certainly everyone is aware of to find me first. Texas law, that's a CCW . And that convoy duty with the Coast Guard. consecutively and individually. He the fact that Connie Karassas means you go to jail. Bob Hope put on USO shows in probably has no Briefs, but he's idolizes Ted "target" Kennedy and And I could probably successful­ Vietnam knowing that the Viet been proud of that for quite some similar "saviors of our future," Cong were going to try to kill him. ly hide out in LA pretending to be Garrity doesn't do jail very well, time now. What he has is a lot of Garrity the Indian Fighter. And although I doubt Mary Jo shares John Wayne risked personal for­ either. When he got there they time on his hands and no deadlines Garrity wouldn't care, because he discovered that somewhere dur­ Connie's vision. The American tune releasing " The Green and definitely no money riding on Communist Party, several probably isn't using his own name Berets" at the height of the anti­ ing the past two weeks or so, the it. right now anyway. lining of his pockets had ac­ Democrats and the Massachusetts Vietnam sentiment (fortunately, it cumulated considerably more crowd (sorry-being redundant) was the third highest grossing filni Garrity's name is somewhat than trace amounts of certain con­ People don't always appreciate are taking a liking to Mikhail Gor­ of the year). In contrast, Jane more volatile than the stock trolled substances . . And the what I gave up to come to law bachev now that he's behaving in Fonda entertained enemy troops market. A great deal depends on trooper had to come back and fill school. And that's O.K. , because public, although I personally and "Rambo" Stallone, the big have trouble getting excited about where and when you use it. I know out more forms. most of the people I used to know stud that he is, sat out the Vietman better than to even mention it in so well think going to law school is anyone who looks like Mr. War in Europe. Phoenix, New Orleans or El Paso. Luckily for my friend, the a sure sign of a sick mind. It's just Potatoehead with bird droppings. In , you can ask around for . trooper was "formed" out, , those like Garrity who can truly The point here, and I'm sure you Is this the beginning of the end him and get a quick reading of his because the four-wheel- drive appreciate the value of a compe­ all were waiting for one, is that for America? Will we crumble like hometown's current sentiment. Toyota pickup was arguably hot tent attorney. America suffers from a virtual the Roman Empire did? Will we property in the course of interstate dearth of bona fide American become like the French? Will we He's one of those on-again, off­ heroes. Of course there's still a few elect Kennedy? flight to avoid bill-collectors and And I can appreciate that. again people. When he's on, he can repo men. of the old heroes around-like Bob be really on, but when it all goes Happy Holidays to all, and to all Hope, Ronald Reagan and Jimmy I say its not too late! The tide up in smoke, he sort of disappears Garrity had sweet-talked a New a good night. Stewart, but who will fill the hero can be turned, but it'll take a levee vacuum when these pillars of in mass. Rent more VCR tapes like America finally perish? A com­ "Rio Lobo" and "Back To Ba­ parison of today's "saviors" with taan." Pry your children away those of yesteryear will illustrate from such mind-rotting shows as Baby Barristers the magnitude of the crisis. Ali and Mr. Rogers and make him/her watch "Tour of Duty." Encourage Massachusetts to Compare FDR, Martin Luther secede from the Union. Make the By Will Murphy King and Dwight Eisenhower with Army-Navy game an annual fami­ someone like Gary Hart. All four ly event. Buy U.S. savings bonds had mistresses, but only Hart was Number 4-Has masturbated­ and most importantly, vote pIe tried pot! Luckily, this crisis is crucified for it. Why? FDR pulled Republican. over. But could it happen again? Justice may be blind but we don't It frightens me to think how Not if we take steps to prevent it. need all of the justices to be. close we recently came to destroy­ What we need is an amendment (Check for hair on knuckles.) ing our proud nation. What if we to the U.S. Constitution that would Number 3- Has laughed when hadn't found out that Supreme require the rejection of any he didn't get the joke. Cou..A nominee Douglas Ginsberg nominee who met certain criteria. Number 2-Has had premarital smoked grass? What if his ap­ I present, from the home office . sex. pointment had gone through? A near Scottsdale, Arizona, "Top And, from the Home Office near This is the last pothead on the Court- what would Ten Criteria for Automatic Rejec­ Scottsdale, Arizona, the Number have become of us? tion of Supreme Court Nominees" : One Criteria for Automatic Rejec­ As we all know, school kids Number 10- Got a parking tion of Supreme Court around the country try to emulate ticket. Nominees-Has gone two days Issue of the Advocate the justices of the highest court in Number 9- Doesn't like without changing underclothing at the land. Many of you have pro­ baseball. any point in last 10 years. bably read the accounts of junior Number 8-Drinks beer while Through the rigorous applica­ high kids donning fake beards standing on a porch that is visible tion of criteria such as these we until· next semester. when Bork's nomination was still from street. can avert catastrophes like the one viable. There isn't a high school in Number 7- Made faces when we narrowly escaped last week. the country where it isn't con­ junior high school teacher's back We need to tell our senators that sidered "cool" to say things like, was turned. when a nominee who has done "Hey Dude, don't forget it's a con­ Number 6--Has been known to something as dangerous to others stitution we're expounding here." jaywalk. as smoking pot, they should reject Let's face it- kids are attracted Number 5-Has or has in the him, regardless of his other See you in 1988! to the glamorous, swashbuckling past had long hair. . qualifications-we need to know when to "Just say, 'No"'. image that the justices project. Can we blame them? Just think where we would be if lots of pea- Page Six Thursday, November 12, 1987 The Ad vocate BENCH CLASSICS Burning Down the Court

Who says legal writing can't be fun? A clerk for J udge Reynaldo Garza of the Fifth Circuit Court of Appeals made a personal statement in an opinion he drafted. The clerk, Stephen J. Riggs, filled the opinion with about 25 references to the Talking Heads . They went by the judges unnoticed.

The case, v. Abner, 825 F.2d 835 (5th Cir. 1987) , concerned the conviction of Richie Abner of fa~ure to file a currency transaction report when he wired money to a bank in another state. Each of the opinion's sections is titled with a Talking Heads album or song nam~. The facts section is "True Stories." The others, in order, are titled " Fear of Music," "Speaking in Tongues," and "Remain in Light."

Defendant Abner, wrote Riggs, had led a "wild wild life" of corporate alter egos. He decided to " pull ~p the roots" and move, having several "houses in motion" at one point. Abner got involved in one transaction describ­ ed as a " once in a lifetime" deal for which he later had to '''face the music'" at an IRS audit. All of the quoted phrases are Talking Heads song titles.

Abner was the last opinion drafted before the end of Dean of Power Lounging in Expansive Mood Riggs' tenure as clerk. One friend called it Riggs' "swan song." Elaborating on Riggs' motives, the friend said, "I D~a~ Timothy Sullivan, Pensive Cowcher Emeritus, presents his pledge of support for the WIlham and Mary Public Service Fund. think he was hoping to get concert tickets out of it." (Submitted by Bruce McDougal) Poetic Justice Restaurant Review By Tad Pethybridge . were talking about law school ! handwriting was so bad that later Gastrenomie It was simply too much to bear., There was Ezra Pound, warning scholars sometimes had to guess that I would become "One dull After 24 hours in which I had been at his lines ; thus, we'll never. confused in Con Law, tortured in man .. ./One average mind- with know for sure whether "Pierian one thought less, each year" spring" was really "Graduate For the main course, we had a Torts, and confronted in Con­ By Mark Raby tracts, there I was, sitting in a ("Portrait d'Une Femme")-a Thing" or not.) new menu item : "Fa-fa-fajitas." room with 100 other people, hear­ result that seems borne out by the There's even a heated debate on Ignoring the silly title, we ordered second- and third-years I've met. them anyway. The portion was ing about finding work (as if I the m~ ·ts of the Socratic method, didn't have enough already), the And T.S. Eliot, master of the with A.R. Ammons (a professor You can find a review of Tavern­ faitly generous, and the fajitas weren't , bad. In case you're possibility of working for the show-<>ff metappor, mocking in himself) suggesting " the on-the-Greell or L'Rotisserie in military ("Well, Dear, he can one phrase not only law school but possibility of rule as the sum of any fancy, yuppie-<>riented excuse wondering, a fajita at Shoney's is always join the Army"), and. the WiIliamburg's " Streets that rulelessness" ("Corsons Inlet"), for periodical literature. Realizing beef, chicken, or both in a tortilla importance of- egad ! -my follow lie a tedious argument/Of and the ever-practical Ralph that a student's limited budget with tomato, lettuce and salsa. It insidious intent" ("The Love Song resume. (Why do you think I came Waldo Emerson insisting for the precludes him from seeking such led us to reflect on the odd fact that to law school in the first place? ). of J.Alfred Prufrock"). It was students, "Give me truths ;lFor I stratospheric sustenance, the Ad­ almost every culture, regardless By the time it was over, the on­ now clear to me that William am weary of the surfaces,!And vocate sent your reporter, at great of geographic concentration, has ly resume I was thinking of was Butler Yeats could only have been die of inanition" ("Blight" ). personal and gastronomic risk, to orne aI!alogue to this dish. The Dorothy Parker's: "Razors pain talking of the effect on law William Empson no doubt was ,check out some of the local dives. ,Hi:spani(:s have fajitas, the Greek you ; / Rivers are damp;lAcids students of the first year when he responding to a mineral-rights ex­ The first of these was Shoney's on has souvlaki, the Chinese mushi stain you ;/And drugs cause' said, "Things fall apart; the am question in Property when he Richmond Road. pork, etc. Some researchers point cramp.lGuns aren't center cannot hold .. ./The best wrote, "Your rights extend under to fajita analogues as conclusive lawful ' /Nooses give; /Gas smells lack all conviction, while the and above your claim/Without evidence that somewhere, in the worst/Are full of passionate inten­ bound ; you own land in heaven early dawn of history. earth was awful;/You might as well live." We were seated after a brief, un­ ("Resume"). sity" ("The Second Coming" ). and hell" (Legal Fiction"). And visited by extra-terrestr ial necessary wait behind one of those Unconvinced by her conclusion, And yet, the more I read, the of course it was in law school in migrant farm workers. Our fajitas more I was amazed, indeed awed, San Francisco that Allen plastic signs requesting we came with a rice pilaf only slight­ and recognizing a possibility she " [P]lease wait for Hostess." Our had left out, I was looking for the by the breadth which with the Ginsberg said, " I saw the best Iv drier and more tasteless than a waitress, Matilda (no lie), was Coven tax lecture. staircase leading to the roof when great poets of every period had minds of my generation I pondered the subject, Alfred, destroyed by madness ... " I pleasant and efficient, despite hav­ I decided not to take the easy way ing a hairstyle that made her look out (largely because it wasn't Lord Tennyson foresaw only too ("Howl" ) ; the sight so unnerved poignantly the experience of be­ like the wife of an astronaut. My easy enough to find). Instead, I him that he lost all semblance of ing called on in Dean Sullivan's eompanion and I began with the decided to seek solace as would coherence for decades. Actually, I think the fajitas cost class: " .. .I would that my tongue soup and salad bar at $38.50 each $4.65 ; $5 .65 with soup and salad any true English major (at least I was jolted out of my reverie could utter/The thoughts that at the nexus of law and literature (actually, it was much less, but bar. worth the extra dollar con­ before opening time at the local while ducking under the spit shield pub): by reading poetry. Surely arise in me." ("Break, Break, by the realization that it was well sidering the unlimited access. If Break".) to reach for a radish I accidental­ you go. avoid traditional eating there I would find refuge simple past midnight and I had not yet We can but wonder if Alexander ly dunked my tie in the ·'Lite times unless you like small. noisy truths to counteract the hyper­ even started my reading for the Pope traveled forward in time Italian" dre:sing, so I'm include­ children. complicated . hypothetical ex­ next day. In other words, I had before penning the immortal ing it in ti. e price). It had fair istence of law school. still ahead of me 19 pages of Con lines, "A little learning is a variety, unlimited trips, and the I was wrong. After a fe w Law, 15 pages of Torts, "And [to dangerous thing ; /Drink deep or sum up with roughly the same soup (choice of two. I had Beef moments with the Moderns, with Cabbage) was surprisingly good. whom I have always felt a special taste not the Pierian economy of phrase I display in spring'/There shallow draughts my class comments] miles to go affinity (and not, as some have 1. See VonDaneken, E. Greasy suggested, because we both go on intoxicate the brain,! And drink­ before I sleep,!And miles to go ing largely sobers us again" (An before I sleep' (Robert Frost, Spoons of the Gods, New York at length without saying 0978), anything), it became horribly Essay on Criticism, pt. II). (It's "Stopping by Woods on a Snowy clear to me that all these guys a little known fact that Pope's Evening"). The :\dvocate Thursday, November 12, 198i . Page Seven

The Love Song of]. Alfred Hitchcock (with apologies to T.S. Eliot. )

By Karin Horwatt Yo, cretins che mia neva fusse Is it trespass on the case In personam che me turnus into mundo, That makes me lose my face? Crestar monet staria sayun vir de bosse Arms that lie along a state line, the judges have a ball. Ma percolator ga e me zeste profundo, So shall I finish soon? che turno vivo on. such odura bonno And how shall I begin? And now tumi vir all comme quasimodo. Shall I say, I have gone at dusk through narrow streets Let us go then. you and 1, And watched the smoke that spills out from the ears 'Where the writings bore us 'til we die Of spastic 2Ls in brief-heaves, jumping out of windows : Like a patient Shepardized upon a table; Let us go, through certain half-coherent sheets, I should have penned myself an escape clause The muttering retreats Scuttling along from foot-in-mouth disease. Of restless nights in one-night cheap carrels And the casebook. the sta tute, sleeps so peacefully! And sawdust vending-rooms with those old Nutshells: Smoothed by long arms. H' tl outs that follow like a tedious argument Actual. .. open .. .for funny farms, Of insidious intent Stretched out, hostile, here beside you and me. To lead you to an underwhelming issue ... Should I, after Torts and Contracts. Commerce prices Oh, do not ask "Whether is it?" Have the strength to call ourselves in three years. Let us go and make our visit. shysters? In the room they drink their coffee eat their toast, But though I have wept and fasted. wept and prayed, Talking of Pierson versus Post. Though I have seen my head (grown slightly used] brought in upon a platter. The yellow fog that rubs its back upon our tired brains, I am no lawyer- and here's no great matter; The yellow smoke that rubs it muzzle down the coffee I have seen my life before me fli cker drains, And I have seen the eternal Law Prof. hold my coat, Kicked its butt into the corners of the Digest and snicker, Lingered, while in Contracts someone went in flames And in short, I was afraid Let fall upon his class the soot that falls from books of And would it have been worth it, after all, Horn After the Contracts, marmalade, and fee, Slipped by the terrace like the night will do Among the law review, among some talk of summers And, seeing that Con Law could be read all night free, Curled once about the house, said "Can I sue?" Would it have been worth while, We wonder if there will be time To have blown apart the Blue Book with a smile, For the yellow drink that fizzes, tastes so sweet, To have squeezed the fucking thing into a ball Rubbing its back upon the poundage gains ; To roll it toward some overwhelming question, There will be time, there will be time To say: "it's like Lazarus, come from the dead, To prepare a brief to meet the thiefs that we will meet, Come back to tell you all, I shall tell you all" ­ There will be time to murder and debate, If one, settling a Wa lkman by her head, Just time to work for days- and hands Should sa y: " That is not what this is for at all. That lift and drop assign!llents that we hate You don't have a prayer, at all." Time is due and do for T. And would it have been worth it, after all, [and] A., and time yet for a hundred indecisions Would it have been worth while, And for a hundred visions and revisions After Restatements and Pennoyer t and thE} manur'd And for asking " Is this .all for free? " streets, After the garbage for New Jersey. after the statutes that In the room they drink their coffee, eat their toast trail along the floor- Talking of Pierson versus Post. And this, and so much more?- And believe: there will be time It's impossible to learn just what they mean! To wonder, "Do I dare?" and "Do I dare?" But as if a magic lantern threw the nerves in patterns on "Do I dare?" and "Do I dare?" an overhead: Was it really worth the while All while falling down the stair, If one, settling an issue or throwing off a law, With a worn spot in my study chair- And turning toward the classroom, should say: [They will say: " How her wit is wearing thin!"] "That is not right at all, My morning coat, my hair dryer- God knows where -"You don't have a prayer in here, at all. " they've been My T-shirt rich and modest, but asserted by the smell of No! I am not John Marshall, nor was meant to be; Am an attendant feeb, one that will do [T~~y will say: "It makes her arms and legs look thin! " ] To swell a gradebook, start a scene or two. Do I dare Advise the Prof; no doubt, an easy tool, Disturb the Universe? Hypothetical? Glad to be of use! In a minute there is time Politic? brain-dead! and ridiculous ; For decisions and revisions which class rank reverse. Full of long sentence, but a little loose ; At times, indeed, almost like a moose­ For I have known them all already, known them all­ (Well, hell, at least it rhymes!] Have known the Contracts, Con Law, afternoons, I have measured out my life in coffee spoons' This school is old .. . this school is old ... I know the voice freaking, "So when for God's sake This school does well in USN&WR polls. will he call?" So shall I finish soon? Shall he part his hair behind? Does he dare to call you And I have known the cases already, known them a11- "Peach?" The rules that fix you in a formulated phrase: I shall wear white flannel hosen, and walk upon the beach. Fee simple, fee tail (condition with a spin I have heard the lawyers singing, each to each. Where kids are pinned and wriggling on the wall, r'do not think that they will sing for free. The property to win). I have seen them riding money on the waves To spit out the butt ends of what Restatements say? Combing the green hair of White House hack So shall I finish soon? When the rank blows the call-back Washington and back. And I have known the arms already, known them all­ We have lingered in the chambers of the fee Arms that are statutory, long, and bare By adverse wreaths with hostile, open frown [But in the courtroom, might as well just not be there!] Till other voices wake us, and we drown. - - Pag~ Eight · ------Thursday, November 12, 1987 The Advocate

1------~ ------Puckin' Around I Fair Notice :I Personal For Four Wins I Conlinued From Page Ten I EEC II Seeking the blue-eyed law stu- Puckin' Around rocketed In game three the Puckers won through their floor hockey division by the same score, but played the : dent (Paul?) who met a GWU Delegate Supercjance to finish the regular season at 4-{) entire game shorthanded. and lock up a berth in the top flight Demoralized without the inspira- : blonde with red feathers in her Mr. Auke Haagsna, Counsel for playoffs. In game two Jeffrey tional Bonnie, the team drew I . " the European Economic Com­ The eighth annual William & (' don t call me 'Jeff' Leonard") strength from the suprise absence I cap. It was a Halloween rught par- munity (EEC) Delegation to the Mary Superdance will take place Lowe came alive in the third ol Wayne " but coach, I just come Ity in a house outside Washington United States, will be speaking at this February 26-27. The event is period, scoring three of his four in" Melnick. Jeff Maznec put on a r the Law School on Thursday, Nov. a 25-hour dance marathon goals in the opening minutes as scoring clinic against the'hapless r D.C. If you know him drop a note 19 at 7:00 p.m. in Room 124. His benefiting the Muscular STIX went down 4-3. Greg opponents, On the other end of the I talk is entitled: "What is the Euro­ Dystrophy Association. Bands, "Bulldog" Hare and Greg "Pit­ floor Gerry Gray snoozed in goal : to 2201 Va , Ave .W. , PO Box 701 pean Economic Community?" He disc jockeys and prizes will be bull" Paw punished anyone foolish while the Bulldog delved out hip- I will be describing the trend toward featured. ' enough to step into the defensive checks like sell orders on the stock I WDC 20037 - Soon a United States of Europe, as well Interested persons should con­ zone. John Neff gave a top perfor­ exchange to keep the undergrads I as EEC trade law. There will be a tact Lisa Price, co-chair. mance as rover, thanks to his at bay, I reception afterward. The presen­ superior physical conditioning. As Puckin's fourth opponent fled in I terror on learning that Maznee 1 ______tation is sponsored by the always, Bonnie was out their Marshall-Wythe International busting her butt and keeping her and Lowe would both be in town Law Society, and is open to the men alive. for the game. Privacy public, Lounge Classic Continued From Page Nine Bloodmobile tion" was extended to single adults The Colonial Virginia Chapter of On Friday, Nov. 20, the First in later cases. But, in Bowers v. the American Red Cross will con­ Annual Marshall-Wythe Power Hardwick, the Court rationalized duct a bloodmobile on Thursday, Lounging Championships will be that this right did not extend to Nov. 12 at William and Mary Hall. held in the lobby of the law school. homosexuals. The Court upheld a The bloodmobile is being spon­ The deadline has not passed, and Georgia statute which criminal­ sored by College of William and Kathy Hessler, 3L, will be happy ized sodomy with another adult Mary ROTC. Donor hours are to sign up teams until the last day. male, making this conduct a from 1:00 p,m , - 7:00 p.m, To ad­ Unfortunately, we won't be able to felony with a long prison term, vise of your plans to attend, please citing historically moral justifica­ hold a weekday event, so all of those championship sitters who tions. Is this distinction between call 253-0228. were complaining at the Grad intimate associates justifiable? Thing last Friday should, under A few members of the audience the tradition of noblesse oblige, suggested that the state has an CPR Course give up their 'lost weekend' interest in controlling the moral elsewhere, and hold the party The Colonial Virginia Chapter of tone of our society, '. hat homosex­ here. The American Red Cross will con­ ual conduct may be injurious to duct the Adult CPR course the others in the public and thus sub­ evenings of Nov. 17 and 24, from Tuesday, Nov. 24 ject to state controL Sitting times will be from 4 10 t>.m. - 1 ILm. 7'.% p,""', \lrAn 'J', '3() p .= " eneh p .m. Fddi:1Y unLll MldnIght Satur­ John Warner evening, in the Red Cross Chapter day. Dinner, breakfast and The issues surrounding the right Headquarters located at 324 Mon­ assorted munchies will be provid­ to privacy and autonomy will be ticello A venue. both evenings must ed. There is also a prize of dinner debated for years to come. As be attended for certification. for two at Barrett's (plus other lNoooa CAaD£N 70S SCOTlANO ST Prof. Nichol points out, however, DIN INC lJD.l405 Tuesday, Nov. 17 There is no charge for instruc­ goodies, if we can weasel them out 10 p.m. - 1 a.m. " it is not the government's job to tion. However, a course materials of sympathetic sponsors). All you Theo Davis from Lamda Chi save our souls . .. the question is fee of $12 is charged each partici­ need to bring is a sense of adven­ not do we have these rights, but pant for texts, disinfectants, ture, a few friends who will spon­ how can we protect and preserve masks, etc. To register, please sor you to the tune of a dime an these rights." send check payable to American hour, and the stamina for this Red Cross, 324 Monticello Avenue. grueling athletic event. Remem­ The last lecture of the series will Registration will close on Monday, ber: All proceeds will go to provide be held on Nov. 12 at 8 p.m. at the Nov. 16. Pre-registration is man­ stipends for public service jobs for Williamsburg Regional Library. datory. For further information, law students, You can take pride Admission is free. "The Public's please call 253-0228, Monday in doing something for society with Right to Know" will be discussed through Friday, from 9:00 a.m. un­ your talents. by William B. Spong, who is the til 4:00 p.m. former Dean at Marshall-Wythe and a former U.S. Senator from Virginia. BEYOND9T05 A SLICE ABOVE THE REST Holt FRESH DOUGH PIZZA - "AT ITS BEST" Continued From Page Four • SPECIAL SALADS Das Holt is as welcome as any· • ITALIAN DISHES one else to contribute her ideas • SUBS-"OUR SPECIAL WAY" regarding graduation but where • BEER AND WINE the majority of the class has • OPEN 11 AM -11 PM spoken she should not be permit­ ted to intervene as she- has done. The need for fast. quality copies doesn't stop at 50·c1ock. At this point, I think enough is enough. Fraule-in Holt bas gone too .-\nd neither do we . Kinko's is open early. open late. and "YOUR FAMILY PIZZA SHOPPE" far. Considering the procedural open weekend to take care of all of your copying needs. FA MIL Y OWNED & OPERATED flaws in Mara's original removal from office, that decision should be rescinded and Mara should be re­ instated. At one point, I heard a GIORGIO'S PIZZA SHOPPE rumor that someone had started a petition to recall Das Holt. As with COLONY. SQUARE SHOPPIHC CENTER so much else, that turned out to be 229·0300 only rumor. However, if someone 513 Prince George Street decides that such is an appropriate action, I for one would be inclined Behind Sorority Court JAMESTOWN RD-NEXT TO FARM FRESH to sign. Joyce L. Redos 3L The :\dvocate Thursday, November 12, 198i Page :\'ine Snow Policy Adrift

By John Fagan

Ah, fall in Williamsburg! First times last year, students came in years looking for the best outlines for 8 a.m. classes that were from years past, tourists looking cancelled, but could not salvage for a clue, and the rest of us look­ the effort since the library was not ing for a better way. Unfortunate­ open. ly, fall in Williamsburg leads to winter in Williamsburg. In past years that bas meant little snow According to 3rd year represen­ but plenty of confusion when w~ tative Mara Clariett, student com­ were visited by the white stuff (I plaints center around having in­ mean snow). This year Marshall­ dividual snow policies for each Wythe is hoping to implement a professor, and having nobody to snow policy that will alleviate the call to find out what was going on. confusion. In sum, she found that students don't mind having to come to school, they just want to know that Dean Timothy Sullivan has it will be worth the trouble. asked the SBA to develop guidelines for a new policy. Although no final decision has yet been made, it appears that M-W Several solutions have been sug­ will have some formal snow policy gested to Clariett. For determin­ come first snow. ing whether or not classes should be cancelled the State Police should be contacted for their assessment of travel conditions In previous years, there has which might include checking to been no way for students to know see if the parking lot is passable. whether or not to brave Tide­ Once it has been decided to cancel water's unplowed roads as there classes the word has to get out. was no way of knowing which For this purpose an answering classes had been cancelled. Addi­ machine could be set up or the tionally, there was always the closing could be announced over chance of having some classes the radio. cancelled but not others, which in developing the new snow policy. the professors as well as the meant if you did come into school, If you have any suggestions that There is often a great deal of dif­ students need to be factored in. you think might be helpful you you were waitirig around all day to There are many considerations ference between weather in Rich­ attend a reduced schedule. At Many times the decision will need should contact your student that have to be taken into account mond and in Norfolk. The needs of to be made before classes begin. representative as soon as possible. Dean Parries Private Privies Professor Ponders Privacy Privilege By Steven Mister Dean Sullivan held his third proposal before drafting the final By Catherine Lee open meeting of the semester on policy. which states that " the enumera­ strange thing in a democracy. Monday, Nov. 9, addressing con­ On another topic, Professor Ed­ tion of certain rights shall not be Unelected, tenured judges make cerns that ranged from the height monds told students that he an­ Prof. Gene Nichol presented a construed to deny other rights re­ decisions enforced against of restroom stalls to the construc­ tiCipates a Westlaw representative lecture on " Due Process, Privacy tained by the people." This legislatures elected by the peo­ tion of new parking spaces. will visit Marshall-Wythe next & Personal Autonomy" at the amendment was constructed by pie," he said. The judiciary serves One student complained that the spring to conduct beginner and ad­ Williamsburg Regional Library on Madison to dispel inferences that a necessary function in protecting height of the restroom stalls is too vanced training sessions for Nov. 5. This was the fourth presen­ the rights of citizens would be rights, but it is a controversial short to provide privacy, especial­ students on the computerized data tation of the series on " The limited by the Bill of Rights. In ad­ power. ly for tall people. The dean prom­ base. Edmonds also hopes to ac­ Supreme Court, The Bill of Rights dition, Jefferson wrote that and the Law" sponsored by the "legislative acts of government af­ This controversial role is high­ ised to convey this concern to the quire three or four more personal lighted by the Court's application Office of Buildings and Grounds computer terminals and another Virginia Foundation for the fecting individual liberty extend to Humanities in conjunction with the only those injurious to others. " of the notion of fundamental rights and inquire whether this architec­ printer. and liberties implicitly protected tural feature is unique to the con­ Edmonds also noted that at Institute of Bill of Rights Law and the Williamsburg · Regional from government intrusion. In struction of the law school. students' request, a new hole Americans have always be- · Griswold v. Connecticut, the Court On the question of parking punch has been purchased for the Library. Over 150 residents were present. The attendance and au­ lieved that they have certain held a statute to be unconstitu­ spaces Sullivan said construction library and a new paper cutter is fundamental rights including the tional which prohibited the use of would begin next week on 55 addi­ being ordered. dience participation were con­ sistently good throughout the right to be left alone by the govern­ condoms. It declared that this law tional spaces at the far end of the Dean Sullivan said that new ment. However, Prof. Nichol operated directly on married current parking lot. tables for the student lounge were series. Prof. Nichol commented that the series has been more suc­ discussed the Supreme Court's couples, an intimate relationship According to Sullivan, a section ordered and may arrive before the role in defining these rights and not subject to state regulation. of curbing will be removed to end of the semester. cessful than anticipated and he's pleased by the community the dangers of this policy-making This right to "intimate associa- allow access to the present grassy One student asked about requir­ function. "Judicial r.eview is a area which will be covered in ing professors to remain in the law response. Continued on Page Eight -, gravel to accommodate more school during their examination cars. The Dean did note that dur­ periods, recalling that during last The presentation focused on the ing especially inclement weather, spring's Torts exam the power question of whether the Constitu­ the administration may close the failed. Sullivan responded that no tion guarantees a right to privacy new spaces to avoid creating " a requirement existed, but that pro­ and personal autonomy, as well as mudbole." fessors would be "encouraged" to whether the court in a democratic Sullivan told students that proctor their own exams. society is the proper body to derme efforts are already under way to Edmonds expressed hope that these rights. The cases examined replace professors Gene Nichol creation of a 24-hour study room in were Griswold v. Connecticut, Roe and B. Glenn George who an­ Swem Library should reduce that v. Wade, and Bowers v. Harwick. nounced their resignations in number of undergraduates who October. Law school represen­ study at the law school. However, tatives will attend a recruiting he noted that recent headcounts Prof. Nichol examined the tex­ consortium in Chicago in January have not identified that the current tualist claim that the right to and the administration is review­ situation bas caused any signifi­ privacy and personal autonomy ing resumes already received. cant noise problems or shortage of are not protected by the Bill of A new snow policy for the law study areas in the law library. Rights. Noting, however, that school should be implemented Sullivan commented that the " even Bork found out that before winter, Sullivan said. The open meetings are very helpful to Senators liked their privacy as Dean has requested that SBA him to identify problem areas and well as the next guy, making it dif­ President Leigh Ann Holt submit student concerns. He plans to ficult for him to get on the court." student recommendations for the resume these periodic meetings He argued that the textualist view policy and he is waiting for her again during the spring semester. ignores the Ninth Amendment Professor Gene Nichol

. .. _. ~ " ~ _. ._ .. ' ..-", _ -. ~ ...... ,. .. Page Ten' .. - . ------. - - -Thursday, Nov.ember 12, 1981

Ambulance Chase Results, Finally!

10K Female

L Mary Munson 47:41 2. Angie Farley 47:54 3. Charlotte Lamont 49 :05 4. Karin Wendelken 50:29 5. Patti Jennings 52:31 6. Kelly Cunningham 52:31 7. Karen Howatt last sighted 11/1 0/87

10K Male

Place Name Time Fast Track Females: Women winners of the Ambulance Chase catch their breath. Left to right: Lisa 1. Brendan McCarthy 33:14 Cahill (2nd place, 5K); Jackie Waymack (1st place, 5K ); Angela Farley (2nd place, 10K): Mary Munson 2. Doug Smith 34:12 (1st place, 10K), 3. Paul Murphy 35:05 4. James L. Davenport 35:28 5. Jay Byrne 37:14 6. J . Martin Wagner 37 :46 Sporty 7. Michael Douchette 38:16 5K Female 8. Mark Pearson 39:07 9. Peter Lucchesi 39:22 10. H. Braxton Alport 40:21 1. Jackie Waymack 21 :47 Briefs 11. Paul Stockmeyer 40 :39 2. Lisa Cahill 23:35 3. Olga Surmaj 23:52 12. Rick Adams 41:27 4. Janet McGee 24: 12 13. John Voltino 41:55 5. Laura Walsh 24: 15 Sewer 14. Parker Neff Jr. 42:02 15. Bill Van De Wegh 42.04 6. Laura Kakel 24:46 7. Susan Walker 25:57 Service 16. Tom Chaleki 42:57 27:17 17. Anthony Wakley 43:02 8. Judy Steele Mops Up 9. Lynne Strobel 28:06 18. Matthew Cambell 43:41 10. Bonnie Shelton 28 :07 by Spike Imintheface 19. Craig Schasiepen 44:23 11. Connie Hiatt 28:23 Sewer Service, headed by the 20. Peter Flora 44:24 dapper third year Steve Buck won 44:50 12. Cheryl Peterson 28:37 21. Herbet Bell the William and Mary intramural 45:30 13 . Kelly Titus 30:01 22. Jim Brink volleyball crown on Wednesday 49:32 23. Jack Johnston night. After remaining undefeated 24. Richard Campbell 49:44 10 regular season, the sewers ?S. J.R. ~ 'i:1:'i:i flushed out a victory against the 26. Jack Carter 51:05 5K Male Rude Ones on Sunday to make the 27. Mike Davidson 54:48 "final four" of this prestigious 28. Graham Shirley 54:50 1. Brian Mount 16 :21 competition. In Tuesday s 2. Mike Begland 16:49 semifinal, third-year Anne Fealey 3. Manuel Alvarez 16:51 served the ball as strong as she 4. Bob Lewandowski 17:55 serves drinks at Drakes. racking 5. Peter Burr 18 :34 up 10 points in a row. In the final. 6. Randy Repcheck third-year Keith · Kareem Abdul" 7. Ed McNelis 19 :15 Krusz showed no mercy as he 8. Mark Broadwell 19 : 17 unplugged his amazing sky-hook 9. James A. Kline 21:02 spike. Series MVP went to second­ 10. Phillip Lingafelt 21 :22 year Jim "Golden pike" 11. Jim Ropelewski 21:43 Goldman. former king of the 12. Ken Hill 22:22 beach game. who now rules a new 13. Craig Mason 22:25 court. The rest of the I!'.l champion 14. Ed Hill 22:47 team: Third-year Peter "Deadlv 15. Joe Gerbasi 23:08 Dinker" Burr and Phil Lingafelt. 16. Paul Barker 23:46 and econd-year wonderv;omen 17. Steve Mulrov 24:09 Pam 1cDade. Mary Munson. and 18. Chip Turner" 26: 15 Liz McGrail. Captain Buck. whose 19. John Ehler 26:16 heroic efforts in the final cost him 20. Joe Steele 27: 16 a seriously sprained ankle. com­ 21. Ke\-in Vienna 27 : 18 mented .. It took three years BUT 22. Laurel Gross 27: 19 I FINALLY HAVE A T-SHiRT! . 23. Michael Collins 27:48 All agreed that thi team is 24. Bruce E. Titus 30:04 outstanding in its eptic field. 25. Donald Owens 30:04 Continued on PagE' Eight

MUSIC CENTRAL THE ...... RECORD 517 PRI~CE TAPES GEORGE TREET COMPACT BAND 80X \\,ILLlA\\ Bt;RG DISCS 29- 2

First year John Ehrler and company found the rigors of the 5K race to be quite stimulating_ - finished ftrSt in his division-man's best friend_ • • • .• , - Eleven Little Willy's Picks By Willy Burgess Well, well, well. Lookit the goings-on in the NFL. The Rams solve their emotional problems by getting rid of their only offensive threat and promptly extend their post-strike losing streak to three. The Colts inally solve their rushing production problem. only to have Dickerson's umble cost them sole possession of first place. You heard that right: the Colts are in the midst of a 5·way (Count ·em. F·I-V-E ) tie for first in the AFC East. Like the Colts, the Jets, the I: atriots, and the Dolphins are 4-4. And so are the Bill, after dominating ~ enver with a ground game. . in recent memory that the tourna­ team, which, come to think of it, could mean anything in the AFC this I can stay for the whole match." The crowds were sparse for this ment has been completed before year-Browns 21 , Bills 20. Another engrossed onlooker, quick match (35 minutes). Two Thanksgiving. MacQueeney Dallas at New England Miss H . says it' s gonna snow up north this Charlotte Lamont, exclaimed, people were in the stands. When remarked, "This year there was weekend. Sorry Tom-Patriots 20, Cowboys 17. "My laundry is in the car. and I approached for comments about an excellent turnout and high level need to go do it." the match underway, they piped of play in each division, except in L.A. Rams at ST. LOUIS The Cardinals are better. Wildcat won't even While the crowd remained en­ up, "What match? We're waiting the mixed doubles category, which look at an Upset Special from a team that has not won a "real game" thralled, Moore and Brown's for an open court." However, the regrettably degenerated into an in­ yet-Cards 28, Rams 13. awesome net play began to crum­ match was thrilling and the level significant series of wimpy, N.Y JETS at Kansas City The young Chiefs will soon begin to win ; it's ble as MacQueeney and Bender of play high. monotonous matches, void of any matter of practice. But not this week-Jets 17, Chiefs 9. departed from their "smash-and­ Brown was defeated by Mac­ real tennis talent." MacQueeney's lose" strategy of the first set. Queeney in the Mens' A Division remarks may or may not have CINCINNATI at Atlanta Heads, it's the home team ; tails, it's the team Bender, whose chronic foot-faults Semifinals. The scores were 6-3, anything to do with the fact that he that has really let people down. Tails it is, but this won 't be a blowout were matched by those of oppo­ 7-5. When asked how it felt, Brown lost in the early rounds of the mix­ for Boomer-Bengals 24, Falcons 16. nent Brown, served up some mean remarked "I have absolutely no ed doubles tournament. "There Green Bay at SEATILE Typical Packers luck. They just miss with their volleys. Moore's incredibly consis­ comment." Defending champion was some fine play all around," arch-rivals, the Bears, and then they have to play an angry team in the tent " balk" serve (where he MacQueeney, who describes commented Bender, who then add­ Kingdome. Seahawks 27, Green Bay 20. pauses mid-serve and switches to himself as "lightening-fast and im­ ed cryptically, "and some good a sidearm hit) was not quite effec­ aginative" on the court, will face practice for the real world." In HOUSTON at Pittsburgh This game will be interesting, a tough intra­ tive enough as Moore and Brown the clever and talented third-year keeping with that profound divisional game. Winning a share of first place will be the -Oilers 30, went down swinging. The intensi­ Ray Suttle in the final. This should thought, it is apparent that in the . Steelers 19. be tennis at its best. ty of the match, as well as the high tennis tournament of life, Indianapolis at MIAMI When did the Colts last win in Florida? Not that level of maturity involved in the Third-year Jeff Mazanec Marshall-Wythe has served up became the Mens' B champion by it matters, because Miss Hapenbutt likes the Colts' jerseys better­ game, were reflected in Mac- some real winners. Colts 23, Dolphins 21.

ampa Bay at MINNESOTA And here go the Vikings toward a wildcard pot in a wild one-Vikings 34, Bucs 31. New Orleans at SAN FRANCISCO Are Montana and ,Company really . back? Wildcat insists it doesn't matter because of the Saints' rushing game. Little Willy insists on Big Mo (mentum). Miss Hapenbutt thinks Dwight's a cute name-4gers 28, Saints 24. NEW YORK GIANTS at Philadelphia Despite the records, the world champs are still favored. Why can't people admit that Randall Cunn­ ingham is a new kind of quarterback? He will do it again, despite LT­ Eagles 24, Giants 20. L.A. Raiders at SAN DIEGO Dan Fouts is so much better than Hilger and Wilson (put together). Only Silver and Black pride can rescue L.A.'s year. And guess what? On the road, with a little help from Bo J., they will-Raiders 21 , Chargers 17. CHICAGO at Denver Are the Bears just having fun? You bet. And unless Elway scrambles for 100 yds, the Broncos will have a hard time '" scoring-Bears 30, Broncos 19. ;.> III ~ Little Willy's gotta go. Ole' Miss Hapenbutt keeps callin Wildcat her ~ "spicy little catfish," which is enough to send a man to San Francisco, S crawfish, swampjuice, and all. z Have a great weekend! And watch out for black cats and spille Serving on the court: PDP Tennis Tournament finalists pose with their trophies. Front row: Carlton Brown,

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