College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 2000 The Amicus Curiae (Vol. 11, Issue 2) Repository Citation "The Amicus Curiae (Vol. 11, Issue 2)" (2000). Student Newspaper (Amicus, Advocate...). 353. https://scholarship.law.wm.edu/newspapers/353 Copyright c 2000 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers • • The mlCUS urlae VOLUME Xl, ISSUE TWO TIIURSDAY, OcrOBER 5,2000 WILLIAM & MARY SCHOOL OF LAW Rehnquist To Attend Law School Festivities By Katie Riley Justice of the Supreme Court in 1986. ginning of a year-long cel­ Rehnquist is also the author ofthree books: ebration of the bicentennial Marshall-Wythe has been the host to The Supreme Court: HowIt Was, HowItIs, ofJohn Marshall's appoint­ high-profile visitors this fall. A week after William Morrow, 1987; Grand Inquests, ment as Chief Justice of the a visit from the Fourth Circuit, the law William Morrow, 1993; and All the Lm.vs Supreme Court, under the school is preparing for the visit of United But One, Alfred A. Knopf, 1998. coordination of the Institute States Supreme Court Chief Justice Will­ The ChiefJustice will be meeting with ofBill ofRights Law. th th iam Rehnquist on October 6 and 7 . students and faculty on Friday afternoon. Activities will continue Rehnquist was born on October 1, 1924 After that, he'll be the guest of honor at a on November lOth, when in Milwaukee, Wisconsin. HeleftWiscon­ reception and a dinner for alumni and other there will be a symposium in si9 to serve in the U.S. AnDy Air Forces College officials. On Saturday, he'll be John Marshall's honor en­ from 1943 to 1946 obtaining the rank of touring the Courtroom 21 Project before titled "The Federal Appoint­ sergeant. After World War II, he went meeting with students and faculty for a ments Process," and there west to California, obtaining his B.A. and small group breakfast. At lOAM he will, will be a second symposium M.A. from Stanford Universityin 1948. He dedicate the law school's new statutes of on January 19th on "The His­ then went Harvard to get another M.A. in its namesakes, John Marshall and George tory of Free Speech." The 1950, but returned to Stanford for an L.L.B. Wythe. The statute dedication is the one John Marshall Foundation, in 1952. After school, he clerked for U.S. event that is open to everyone. After the unaffiliated with the law Supreme Court Justice Robert Jackson dedication, Chief Justice Rehnquist will school, will have a fund-rais­ and then entered private practice in Phoe­ remain in Williamsburg to attend the Tribe ing dinner at the Library of nix, Arizona with an emphas is incivillitiga­ football game against Rhode Island. Virginia in Richmond featur­ tion. The Institute of Bill of Rights Law, ing Justice Antonin Scalia. Rehnquist began his political career in which is coordinating the Chief Justice's Cost per plate is $150. 1969 when he was appointed Assistant visit, encourages students to talk with The celebration will re­ Attorney General by President Nixon. He Chief Justice Rehnquist when they have turn to Marshall-Wythe for was nominated Associate Justice of the the opportunity. The appropriate forms of a two day symposium on Supreme Court by President Nixon in 1971 , address are "Mr. Chief Justice" and Chief March 16thand 17th on "The and was sworn in on January 7, 1972. Justice Rehnquist. LegacyofChiefJusticeJohn Chief Justice Rehnquist will be in residence October President Reagan nominated him for Chief The hief Justice's visit marks the be- Marshall." 6th and 7th. Educational Outreach Program Brings Fourth Circuit Session To Marshall-Wythe By Eric Nakano nications, In~. was an appeal from sum­ 'Although the amount allegedly taken Circuit. While the Fourth Circuit is cur­ mary dismissal of a wrongful termination from Washlefske was only a few dollars, rently 33% vacant, the national average for th On September 29 the United States and sexual harassment suit based on the the combined interest in all ofthese Virgin­ the federal judiciary is 7% vacancy, lead­ Court of Appeals for the Fourth Circuit question of whether a federal wrongful ian account!! exceeds $6 000 a year. ing some to speculate that the positions held session inside the McGlothlin Court­ termination statute applied in the case of The Fourth Circuit is considered the are being kept vacant for political reasons room as part of their educational outreach at-will employees. most conservative of the federa~ circuit by the Senate JUdiciaryComrnittee haired program at the invitation ofDean Reveley. In United States v. Lofton, counsel for courts, and covers Maryland, North Caro­ by Senator Orin Hatch (R-Utah). The three-justice panel representing a h~ter convicted of misdemeanor pos­ lina, South Carolina, Virginia, and West The Fourth Circuit visits law schools the court consisted of the Honorable H. session ofa shotgun while in a federal park Virginia. Despite multiple appointments regularly through their outreach program, Emory Widener, Jr.(appointed by Presi­ argued that the conviction should be over­ under President Clinton, several events but this was their first visit to MarshaIl­ dent ixonin 1972), the Honorable Paul V. turned based on the park's failure to post including the death of Justice Francis D. Wythe. Niemeyer (appointed by President Bush in the prohibition of firearms as required by Murnaghan, Jr. on August 31 '" have led to 1990), and the Honorable WilliamB. Traxler statute. five vacancies (out offlfieen) in the Fourth Jr. (appointed by President Clinton in 1998). Washlefske v. Winston was an appeal In addition to hearing oral arguments in from a dismissal of a prisoner s suit alleg­ In this Issue three cases, the court held a question and ing that his constitutional rights were vio­ answer session with students. lated by the prison system's seizure of the Brian updates law student Due to the nature of the proceedings, interest earned on prisoners' accounts intrumurals. ........................... p·5 Dennis goes Quebec........... p 10 students could enter or exit the courtroom (interest accumulated on the prisoners' only between arguments so an overflow prison work paychecks). room was setup in Room 120toaccommo­ Under the Virginia system, interest date students that could not otherwise earned on prisoners' accounts is used to Beaver shot in the Aodyou thoughtonlyCSPAN attend. Due to technical difficulties, the purchase library books, commissary items, Amicus ................................... p6 covered it. Supreme Court video broadcast into Room 120 did not and other extras for the collective benefit Preview Ph!ltos .................... p 11 include sound. of the prisoners. The question argued was BINGO!! ............................... p 7 The three cases argued covered a range whether this policy constituted a Fifth of subjects. McClean v. Patten Commu- Amendment taking without compensation. 2 Thursday, October 5, 2000 THE AMlcus From the Boardroom To ' The Classroom: Hynes Leaves Corporate Practice To Join . Marshall-Wythe Faculty byAndrewHampton cago School of Law in 1997. entertainment financing. Posner from the University of In addition to his J.D., Hynes Hynes confirmed that Chicago about consumer fi­ Over the summer, received his PhD. ineconom- Skadden lives up to itsreputa­ nance and bankruptcy. He Marshall-Wythe School of icsfromtheUniversityofPenn- tion, saying that it is an "excel­ said that his "future scholar­ Lawhiredseveralnewprofes- sylva..Tlia. lent firm with long hours ship will focus on corporate sors. Among the new faculty In the fall of 1997, Hyne~ because ofthe complex nature areas." members is former corporate began working for Skadden, of the work." Hynes stated that he and his practitioner Richard Hynes. Arps' Los Angeles office. This ~emester marks wife, along with their two year Hynes is from Los Angeles Already he had otherplans for Hynes's first time in the class- old child, are "adjusting very andwasoriginallydrawntothe his future, however. room, a "truly new experi- well to the life outside of Los east coast, namely D.C., be- According to Hynes, he ence" he said. Angeles: ' cause ofan interest in intema- "practiced law for several years Hynes is currently teaching "We did not use babysitters tional relations. for the experience with the contracts and will be teaching enough to really enjoy the Hynes completed his un- intention of eventually teach- a corporate legal theory class nightlife of Los Angeles, 0 dergraduate studies at ing." next semester, which will"sat­ Williamsburg is not that great Georgetown where his inter- While at Skadden, Hynes isfy the student note require­ of a change," he said. ests dri fted av,'ay from intema- \~' as in the corporate section ment. tional relations and to\~'ards with a concentration in bank- Hynes is spending mu h of thesrudyofla '. H 'grauuateu ing and, in ti.tuti nai banking his 1:ime~ nlp letingapie~ehe from the University of C'hi- along \\'ith secured loans and is co-authoring v.,'ith Eric THE -AMICUS CURIAE 'Villiam & Mary School of Law p, o. 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