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1994 Amicus Curiae (Vol. 4, Issue 7)

Repository Citation "Amicus Curiae (Vol. 4, Issue 7)" (1994). Student Newspaper (Amicus, Advocate...). 360. https://scholarship.law.wm.edu/newspapers/360

Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers Final 2 Dean candidates chosen, page 3

MARSHALL-WYTHE SCHOOL OF LAW America s First Law School

VOLUME N, ISSUE SEVEN MONDAY, JANUARY 24,1994 TWENTY PAGES Wilder slams law schools with financial double-whammy By MICHAEL HOMANS ition increasing 18 percent next year, ~'I'~~~~~~~~~~~~~~~~~~~~~~~~~~~' The M -W budget would be cut 10 followed by another 18 percent increase Call Your Representative percent and students would pay 10 to 18 the year after. In-state students would see percent tuition hikes for two years in a back-to-back tuition hikes of 10 percent Williamsburg, James City County & York: row, under former Gov. L. Douglas each year. Wilder's proposed budget for 1994-1996, Wilder's proposed budget also calls Senator Thomas Norment 253-0880 now under consideration by the General for eliminating funding for more than a York: Assembly. dozen Virginia college research institu­ Delegate Shirley Cooper 898-0969 Acting Dean Paul Marcus termed the tions, including Marshall-Wythe's Insti­ Williamsburg & James City County: proposal "very big trouble" for M-W if tute of Bill of Rights Law. The I~titute the budget is approved by the General receives about $129,000 per year from Delegate George Grayson 253-0553 ~ Assembly this session. the state, mostly for faculty, administra­ "I don't believe there's a unit on cam­ tive assistance and programs, Marcus Cutting $600.000 could cause severe dam­ knowledge of budget cuts, leading to a pus that would be hit as hard as we said. "We would be very hard put to age. qualitatively inferior student body with would," Marcus said at a faculty meeting duplicate those dollars from within." Among the possible troubles Marcus lower LSAT scores and undergraduate Jan. 20. Marcus said he school's $6 million predicted were: Out-of-state students would pay the budget is already tight and most costs are Fewer student applicants to the school See WHAM; page 17 most under Wilder's proposal, with tu- "fixed" on specific programs and costs. due to the tuition increase and public M-W student charged with indecent exposure, withdraws By PAULA HANNAFORD , oluntarily or was asked to with­ pected to answer on Friday for edly exposed himself to her by had engaged in this behavior on For the second time in his draw, referring to the confiden­ failing to comply with the terms opening the blue towel he was Oct. 29. law school career, Leonard Spady tiality of academic records. ofa suspended sentence imposed wearing around his waist for a W &M Campus Police re­ (3L) faces misdemeanor charges. Spady's trial is scheduled for for a previous conviction in F eb­ period of three to six seconds. ceived the complaints at approxi­ Spady was arrested at the Recre­ Friday, Jan. 28, at 9:30 a.m. in mary 1992. That conviction in­ When the witness acted as if she mately6p.m and arrested Spady ation Center and charged with the General District Court of volved making obscene tele­ had not seen him, Spady alleg­ at the Rec Center. There was no indecent e~sure after W &M Williamsburg. Judge Joseph R phone calls to another M-W stu­ edly exposed himself to her indication in the police report Campus Police received com­ Zepkin is expected to preside at dl30 t. again that Spady was under the influ­ plaints from two members of the the trial. Indecent exposure is .-= . According to the police re­ Approximately an hour later, ence of alcohol or drugs at the Women's Swim Team on Nov. classified as a Class I misde­ port filed by Officers Randall Spady allegedly repeated the time of his arrest All three 11, 1993. meanor under Virginia law and Sexton and Charles Schober, a action to a second witness. This witnesses have been subpoenaed Associate Dean Connie Gal­ is punishable by up to 12 months witness encountered Spady at witness reported that she had to testify at Spady's trial. loway confirmed that Spady is in prison, a fine of up to $1 ,000, approximately 4 :30 p.m. on Nov. seen Spady expose himself in Spady's sentence for the pre- not currently enrolled at the law or both. 11 in the Rec Center hallway the same manner at the Rec Cen­ school. She declined to com­ In addition to the indecent which connects the pool, sauna ter on Oct. 29, 1993. A third See REVEALED, page 20 ment on whether he withdrew exposure charge, Spady is ex- and locker rooIDS. Spady alleg- witness also recalled that Spady Trial tests Honor Code By LEEANNE MORRIS Short commented on his re­ The adjudication ofan Honor action to Dean Marcus' deci­ Code violation by former SBA sion. "I was surprised that he President Kyle Short (3L) pro­ overturned the decision of the vided the first public test of the Judicial Council, and of course 1 M-W Honor System last semes­ was disappointed. But I recog­ ter. After the Judicial Council nize and understand the severity found Snort guilty of lying and of the situation, and at this point recommended a public repri­ I just want to do whatever is mand, Acting Dean Paul Marcus necessary to get back into school imposed a harsher sanction and and finish up," Short said. suspended Short for the remain­ "More than anything I'm der of the academic year. Marcus' entire opinion ap­ See SHORT, page 20 pears on page 20. - Inside this issue ------­ Crossfire debates Short's Felton named Va Deputy suspension. Page 9. Attorney General. Page 4. Scott Greco (3L), second from left, found instant popularity after • Mr. Smart Guy replaces • Patsy Cline secret to winning a trip to the Bahamas from PSF. See page 15. Miss Demeanor. Page 9. success in law. Page 11. 2 ======Monday, January 24,1994 THE AMIcus CtnuAE Out Of Our Heads Kyle Short's suspension and Len Spady's upcoming trial cast a black cloud of doubt over this year's student body. How do these individuals reflect on the rest of us? Do others see their misdeeds as representative of all of us? In addition to what others may see, these unfortunate inci­ dents cause us to doubt ourselves, and thus make us more vulnerable to exercising poor judgment. Apparently, this has already happened. Someone in our midst has stolen M-W' s most sacred and venerated obj ecl d 'arlo I regret to report to you that someone has DESECRATED THE ELVIS SHRINE! In the aftermath of Kyle's Honor Code adjudication, one thing we all should have learned is that the Code (or at least the· Dean) is unforgiving. In this case, whoever is responsible for this heinous crime deserves to be punished to the fullest extent. This is not the first time the Shrine has been violated. Elizabeth Deininger ('89) wrote to us last semester explaining the origins of the Elvis lamp. It seems the original Elvis lamp was removed by "THE ADMINISTRATION" during the sum­ mer of 1988. Students returned in the fall only to be shocked and From The Editors' Desk • • • dismayed upon the discovery that Elvis was gone. Fortunately, Apparently when the great halfofthoseeligible(alllLsand mediocre private institution. Deininger was able to locate an identica1lamp and return Elvis freeze of 1994 arrived, the M -W 2Ls) participated in the contest, Nor should graduating law to M-W amid much fanfare. He even won a spot in the lobby student body decided to spend and even the winning firm aver­ students take their exiting status trophy case for a while. the rest of the winter in hiberna­ aged less than 3.5 hours of pro as an excuse for sitting back on Fortunately, the lamp is still there as is the Elvis clock. tion. That's the only explana­ bono work per associate. (Con­ their laurels, either. Just re­ However, the rest of the shrine that had grown up around the tion that seems to account for the gratulations to Moliterno, Gilges member, those of you who are lamp, including the Velvis and other paintings, have been degree of recent student apathy. & Dukes for putting the rest of already employed can expect to stolen. In their place is a blasphemous sign made of cut-out For example, the public re­ the school to serious shame). begin receiving desperate pleas letters that reads, "Elvis Is Dead." sponse to the news ofKyle Short's Well, catastrophic events for financial contributions from Perhaps the vandals who committed this crime are not aware Honor Code conviction and sus­ loom on the horizon and it's the administration concurrent that they not only removed a very valuable piece of art thus pension from school was time that the student body wake with your first paycheck. And violating the Honor Code, but they have infringed on the underwhelming, to say the least. up and get busy. Ifnot amended, for the poor unfortunates who religious rights of those who worship. in the Church of Elvis. And not one name was brought the proposed higher education are still doing the resume-thing, What have we become? Has our collective conscience forward for nomination for the budget left by fonner Governor bow marketable do you expect to become so deflated, so demoralized that we will stoop to such an SBA VP slot. (We realize that Wilder for the Virginia legisla­ be when the school's ratings inhumane level of intolerance? This kind of thing is not sup­ Dave Delk is a hard act to follow, ture will have disastrous effects plummet from lack of state fi­ posed to happen in a community of allegedly enlightened but someone in this school must on W &M and· the law school. nancial support? students of higher learning. be up to the task.) For current lLs and 2Ls, the Our mission is clear. Every The Amicus urges the Judicial Council to take immediate The argument that the stu­ 10 to 20 percent tuition increases student should be in contact with steps to investigate this crime. A staff reporter assigned to this dent body collectively is engaged needed to offset the budget cuts his or her legislator, demanding case has detennined that the newsprint from which the sign was in more important activities just each year will mean that your reinstatement of W&M's por­ made came from The Richmond Times-Dispatch. Ifanyone has will not wash here-especially in tuition bill will soon cease to tion of the state's higher educa­ any information as to the identity of the perpetrator, please let light of the participation ~tes resemble tuition at a very good tion budget. There is too much John Crouch (2L) know in addition to Council members. from the LSIC Communitr.:~­ public institution and will begin at stake for the existing level of vice Award contest. Less than to appear more like tuition of a student apathy to continue. Letters THE AMIcus CURIAE To the Editor: schedule and professors can shirk of late grades from previous se­ Marshall-Wythe School of Law As ofWednesday, Jan. 19,21 their duties does not sit well with mesters parallel those from the 2L and 3L courses had grades me. If a professor is given three fall 1993 grades. Westudyhard "Dedicated to the complete and objective reporting of posted and eight courses had not weeks to grade my exam and and we do so for a reason, i.e. to student news and opinion" been reported yet. For the ILs, then needs to take another half score highly on our exams. We Editor: Leeanne Morris eight classes had been reported of a week on top of that, it is only do not enjoy taking the exams Managing Editor: Paula Hannaford, Shelley Evans and two had not. Adding up the fair that ifI cannot finish a three­ and I am sure professors do not Production Editor: Debbi Holmes numbers, over 25 percent of the hour exam in three hours, I enjoy grading them. However, Assistant Editors: Stephen Thomas King class grades had not been posted should be allowed another half we perform our duties diligently Business Manager: Janet Breckenridge four days after grades were due. hour to complete the exam. and in a timely manner. Profes­ Many students malign the I have witnessed this late sors should return the favor. News Reporters: Features Reporters: exam, grading and ranking sys­ posting phenomenon . at I am not asJring that profes- Carla Archie Ted Atkinson terns as an unfair representation Marshall-Wythe for five straight John Crouch Dave Delk of their abilities as a lawyer. semesters. This semester is no See LEITER, page 9 Shelley Evans Mark A. Donald However, a significant part of fluke. I am sure that the number Michael Hornans Bill Madigan the student body regard grades Stephen Thomas King Dave Pernini highly. They take great pride in Editorial Policy Doug Miller Jeff Regner A 's and are work hard to im­ The letters and opinion . pages of the Amicus Curiae are Lulit Million Steve Youngkin prove C ' s. Also, grades are dedicated to all student opinion regardless of form or content. Sports Gurus: Alan Duckworth, Bill Madigan nearly universally important for Opinion articles are not edited for content, only spell checked. Photographers: Fred Ochsenhirt, Peter Owen the job search. These two factors Letters to the Editor are not intended to reflect the opinion of Production Assistant: John Crouch combine to impart great anxiety the newspaper or its staff. Ali letters to the Editor should be Business Assistant: Doug Miller on students during the grade­ submitted by 5 p.m.on the Wednesday prior to publication. Cartoonists: John Davidson, Dan Jordan, Jeff Regner posting week. It is wholly unfair We cannot print a letter without confirmation of the author's Midwestern Correspondent: David Ziemer that pro,fessors make students name. We may, however, withhold the name on request. Renaissance Man: Daryl Taylor wait passed the posted deadline. Letters over 500 words may be returned to the writer with a and Leeanne Morris as Mrs. Marc Bernstein The fact that students must request that they be edited for the sake of space. uphold their part of the exam Monday, January 24,1994 THE AMIcus CURIAE 3 Dean search narrows ·to final two By LULIT MILLION and set for the final decision. of the breakfast was to thank the SHELLEY EVANS Professor Richard A. committee for personally recom­ The two remaining candi­ Williamson,M-W SchoolofLaw mending him for the position. dates for the M-W Deanship . and Dean Michael H. Hoeflich, Krattenmaker held an informal, under consideration by President Syracuse University College of open discussion which centered Timothy Sullivan and Provost Law have withdrawn from the around complaints regarding the Gillian T. Cell are Thomas G. dean search. No reasons were antiquated registration process Krattenmaker of Georgetown given for their withdrawal. at M-W, the fact that an inordi­ UniversityandHarryN. Scheiber On Saturday, Jan. 15, nately large number of profes­ of the University ofCalifornia at Krattenmaker invited the mem­ sors will be on sabbatical next Berkeley. Sullivan and Cell are bers of the Student Dean Search year, and the generally poor proceeding to evaluate the two Committee to breakfast at the course selection offered in the candidates but no date has been Hospitality House. The purpose curriculum. Dean Search Committee Chair James Molitemo wished to thank the students for "their extraordinary level of input." According to Molitemo, one of the things that made the dean Harry N. Scheiber of the University of -Peter Owen search attractive was the level of California at Berkeley student engagement in this im­ portant decision-making pro­ achieved for itself and improve sues that lawyers face regarding cess. upon it through increased schol­ everything from race relations to Scheiber arships and expanded facilities global warming. This could en­ Like all the dean finalists, and fundraising efforts. sure that "the alumni and the Scheiber addressed the M -W stu­ Scheiber claimed to be "very Bar have confidence that we're dent body in an open forum. committed to making a solid turning out skilled lawyers," he Scheiber praised M-W, saying professional core curriculum that said. that "the story of this law school isinteresting." Commentingthat Scheiber described how he is very remarkable, not just in lawyers should be more aware of would improve the marketabil­ growth but achievement. . .. It's policy issues, he said "this school ity ofstudents by using "the skills very daunting to think of being should be training its students and expertise of the faculty to dean here. It's like succeeding for positions of leadership, not provide students the opportunity Bear Bryant as coach." just filling Ditches." He would to strengthen their experience Thomas G. KranenmaRer O'-GeorgetOWD -sraffpl1oTo If selected as dean. Scheiber like to see a course ofIered in law University promised to work hard to sustain students' first or second year See 3 DOWN, page 8 the reputation the school has which deals with the policy is- SBA mantle passed to Delk; VP position remains vacant By DOUG MILLER Lodge. While the ticket price for the they have to be surrounded by drunks, closest lot are reserved for day students New SBA president David Delk (3L) event is not yet finalized, Patten said the they also have to pay for something they're only. 'Tmnot sure how long these cha.nges presided over the first SBA meeting ofthe committee was "shooting for $20," a $5 obviously not going to use." Patten said are going to last," Delk said. "I saw semester on Jan. 19. Delk assumed the reduction from last year. The dance will the issue has come up before, "We've Professor Levy driving around looking top spot in the student government after feature a disc jockey, light hors d' oeuvres tried to address this problem, but there is for a spot last week." Last semester's former SBA president Kyle Short was and a five-hour open bar. really no way to ensure that people won't survey showed an average of 13 under­ suspended from the law school and SBA 1L rep Neil Lewis suggested a take advantage of it." She said the utilized faculty and staff spaces. prohibited from participating in law lower ticket price for those few in the law committee would consider proposals from Other business included the school activities by Acting Dean Marcus school community who are not drinkers. Lewis or anyone else. scheduling of a short executive meeting due to an honor code violation. "I don't think it's fair for those who never Delk also announced that the parking this week to approve a new nominee to the Delk opened the meeting with touch the stufIto pay the same as everyone changes approved last semester have been Judicial Council, the announcement of reassurances that the business of the SBA else when the majority of the ticket price implemented. There are now six intramural tournaments in racquetball, would continue. "Most of the committees is going to booze," he said. "These people additional spaces reserved for day wallyball, and golf, and a brief review of already have plans from last semester," are being punished twice, not only do students, and all the student spaces in the the social calendar. he said. "There will be plenty to do based on those plans; the big thing is just to keep Funding for Moot Court restored people motivated to do a good job." by BSA The SBA will hold a special election By STEPHEN T. KING purpose of the amendment, and after It appears for the time being that Moot to fill Delk's now-empty slot as vice The Board of Student Affairs reached several proposed amendments, the Court funding is safe. However, Matt president this Thursday, Jan. 27. No a conclusion Dec. 1 concerning the resolution that came out of the Nov. 18 Holloran (3L), Chief Justice of the Moot official candidates have been announced funding of competition teams at the meeting resolved that an ad hoc committee Court Board, indicated that the team may for the position, even though the deadline College. The resolution included a would meet with the "appropriate very well see a reduction in its funds for for declarations of Candidacy has already decision on funding for the Moot Court university administrators to examine the next year. passed. Students, however, may vote for team. possibility of having administrative In introducing his substitute write-in candidates. The newly elected The original resolution, submitted in university funding" Then on Dec. 1, resolution, Havers pointed to the fact that vice president will serve the two months the spring of 1993, sought to cut the Moot after continued dissatisfaction with the "the Moot Court and Model U.N. teams remaining on the term for the current Court team from the BSA budget Nov. 18 resolution, BSA representative really want BSA funding." He also executive board. The new SBA board completely. However, the resolution was Phil Ha\ers introduced a substitute restated Holloran's position that without will be elected i 1 early April. later modified to read that the BSA would resolution which essentially maintains BSA funding there will be no Moot Court. In other SBI\. business, social chair look into alternative sources of funding the status quo. The BSA will "continue to The team "brings so much to the school in Brooks Patten (2L) couP.rmed plans for for Moot Court, as well as other fund the Moot Court and Model U.N. reputation and to the law students in Barristers' Ball, the annual spring formal. undergraduate competition teams such teams through the competition team e)'.'perience. It would be a crying shame if The dance will be held on Friday, Feb. 18 as the Model United Nations. fund." The substitute resolution passed Moot Court lost funding,' Havers . from 9 p.m. to 2 a.m. at the Williamsburg After considerable confusion over the unanimously. concluded. 4 Monday, January 24,1994 THE AMIcus CURIAE Health Law Society & VBA debate mercy killing legislation By PAULA HANNAFORD Virginia moderated and participated on not have the medical expertise to ensure Stoic belief in the right to die as a The M-W Health Law Society (HLS) the panel. Other panelists were author that the death is painless and fast, and psychological need to control an otherwise received kudos from the Virginia Bar Betty Rollin, Dr. Howard Brody of they frequently are overcome with guilt accidental existence, Titus asserted that Association for their research Michigan State University, and The and remorse after helping the patient die. voluntary euthanasia is supported by the contributions to a VBA panel discussion Forecast editor and publisher Herbert W. Additionally, family involvement in same philosophical underpinnings as the entitled "Physician-Assisted Suicide: Is Titus. the patient's death raises the specter of Holocaust. It Time for Legislation?" on Jan. 14. The The panel noted that the issue of coercion or bad faith on the part of the· Fletcher recommended the adoption seminar was part of the VBA annual physician-assisted suicide has taken on family. Legislation, she concluded, is the of state legislation that would permit conference held at the Williamsburg greater social significance due to the only appropriate way ofproviding suicide physician-assisted suicide under very Lodge. Kevorkian trials, legislation in the as an option for most terminally-ill specific circumstances and with review The HLS members provided Netherlands permitting p hysician­ patients. by a panel of medical experts to protect background research on suicide, assisted suicide, and a series of news Brody, a key player on the Michigan against possible abuses. The proposed particularly from historica l and articles in the Boston Globe last April State Medical Society (MSMS) criteria included that the patient be sociological perspectives, for Matthew suggesting that some Boston physicians Committee on Bioethics, noted that part competent to make an informed decision Jenkins, one of the VBA panelists, are already helping their terminally-ill of the public consternation about to request death, that palliative care is no according to Ruthie Litvin (2L). Jenkins, patients die by providing them with physician-assisted suicide is due to the longer adequate to control the patient's an attorney with Hunton & Williams in quantities of medication sufficient to failure of the medical profession to give pain, and that the patient's request be Richmond who specializes in health law, induce death. terminally-ill patients control over the explicit and voluntary, not coerced or briefly summarized the existing legal Rollin described he r personal pain and symptoms associated with their assumed. constraints on physician-assisted suicide experience of assisting her 72-year-old disease. In addition to the VBA conference, in Virginia. terminally-ill mother to commit suicide Brody noted that despite the diverse the Health Law Society currently is Jenkins noted that suicide, although after ovarian cancer had progressed to the perspectives ofCommittee members they involved with several other projects still categorized as a common law crime point that "her life had become a trap." were able to come to consensus on a including conducting a survey of other in Virginia, is no longer punishable by Rollin. who also authored the book Last number ofkey points in a policy statement. law schools to determine the number and the state. Assisted suicide, however, Wish on the same topic. eX'Plained that Specifically, they agreed that legal types of health law courses offered, the appears to be a common law felony which most terminally-ill people do not want to prohibition of physician-assisted suicide frequency with which they are offered, might be prosecuted as either murder or commit suicide, but they do want to know would be "difficult if not impossible to and the qualifications of the professors. manslaughter. that the option of suicide exists in the enforce," and would likely have The HLS members hope to see one new Jenkins also suggested that the doctor­ event that their suffering becomes too "undesirable effects upon medical health-related course added to the patient relationship might imply that great. practice." curriculum at M-W. physician-assisted suicide be Despite her own involvement in her Titus framed the issue of physician­ In addition, the HLS has invited a characterized as "murder for hire," thus mother'sdeath RoUin isopposedtofamily assisted suicide in terms ofwhether society number of attorneys who practice in raising the possible offe nse to capital members and friends assisting in the wishes to build a legal system based on different areas ofhealth law to share their murder in Virginia. deaths of their loved ones for several Christian theory or on a medical/scientific experiences with M-W students in Dr. ]ohnFlcto;;bcrofthc Univcrsi ty of . rt;aWn5. F l i cmh emd rcli1Uvcs Oflt:ll do varii1uon ofRoman SWicism. Explaining informal, bIOWU-Ui1g IWII;u mct;Uug5. F elton appointed Virginia Deputy Attorney General By PAULA HANNAFORD Felton, an assistant professor areas of law that "[he] didn't With the inauguration of at M-W, is officially on leave of know existed," said Felton. "AIl Governo r George Allen, absence from the law school and of a sudden I feel like I need a Professor Walter S. Felton is not teaching any classes this cram course in all sorts of formally began a leave of absence spring. He said he would like to substantive law." The Local and from M-W to become Deputy teach on a part-time basis either Intergovernmental Affairs Attorney Gene ral for the over the summer or next year, Section has already presented Commonwealth of Virginia. but that such arrangements Felton with questions about In his new position, Felton would depend on his time complex insurance actions, class reports directly to the Attorney constraints and approval by the action suits, and "all sorts of General James S. Gilmore III as College and the Attorney interesting concepts about the head of the Local and General's Office. The College authority oflocal governments." Intergovernmental Affairs reviews faculty requests for Because Virginia is a Dillon Section. leaves of absence annually. Rule state and local governments Felton's appointment to the Commenting on his need explicit legislative authority office occurred over the holiday impressions on the new job, to perform their activities. Felton break following a dinner meeting Felton just shook his head and explained that he constantly for the Commonwealth said, "It's a completely different receives requests from the local Attorneys Services Council, an world there. One day I'm driving governments for Attorney organization which Felton has around the [M-W] parking lot General Opinions authorizing coordinated for several years. searching for a parking space, "things that they have been doing Gilmore, whom Felton had and the next thing I know I have for years." known for several years as the my own assigned space among The pace of the job is also Commonwealth's Attorney for' the justices of the Virginia much faster than what he was Henrico County. first asked Supreme Court." used to at M-W. "Crisis Felton to brief his new staff on Felton also described management is not an unusual Professor Walter Felton was tapped for -staff photo the legislative process in struggling with an armful of occurrence," said Felton, the job of Deputy Attorney General Virginia. Then he invited Felton books while moving into his new explaining that his office is often is the first Republican he is "telling [legislators] about to work for him. office. Helping him recover consulted by the Governor' s gubernatorial administration in what a special place this is." Felton explained that he several books which had tumbled office on local government legal Virginia in 12 years, said Felton Felton also said that W&M origina lly turned down the onto the floor of the elevator. questions. Fortunately, the "there is a lot of new energy and President Timothy Sullivan im;tation, but Gilmore persisted Virginia Supreme Court Goyemor's office "gives us a lot new things being tried, especially made "an excellent choice" by and "com;nced me that I could Associate Justice A. Christian of latitude for wrong answers," in the area of prison reform. ' hiring Stewart Gamage (W&M do some good." particularly Compton sympathized, "First he said. relieved. Asked whether he is in a '72) to lobby on behalf of the because of his familiarity \\ith day on the job, huh?"' Felton said he is excited about positi n to affect the Virginia the Virginia Legislature and the The responsibilities of the the upcoming legislative session. Legislature's consideration ofthe PROMOTION, page 17 Commonwealth Attorneys. new job are e:\.-posing him to Because theAllen administration budget cuts. Felton assured that Monday, January 24,1994 THE AMIcus CURIAE 5 Dr. King remembered, Black·rage topic ofBLSA forum By CARLA ARCHIE Cabinet for the Commonwealth Commemorating Dr. Martin of Virginia, recalled an incident Luther King, Jr. 's birthday, the where she and friends, while Black Law Students Association students at Marshall-Wythe, (BLSA) hosted an alumni forum entered a local restaurant for Jan. 17, entitled "The Hidden dinner. Having been overheard Rage of Successful Blacks." discussing a possible William Distinguished panelists included and Mary discount, the waitress the Honorable Wilford Taylor, informed them that the discount Jr., the Honorable Aundria D. did not apply to William and Foster, Andrea Amy-Pressey, Mary employees. Regardless of Esq., and LoystP. Fletcher (3L). how well you have been educated, The topic was taken from the where you live, or what you drive, recently-published Rage of a she noted, you are still susceptIble Privileged Class by Ellis Cose. to having your dignity stripped. In the book, prominent African­ Foster, ajudge in the Juvenile Americans speak of the and Domestic Relations Court frustration encountered on their of the City of Newport News road to success. Cose observes noticed the strides Blacks have that since Dr. King's death in made since her tenure at 1968 and the close of the civil Marshall-Wythe. The number rights era, Blacks have had of minorities on staff and in the L to R: Andrea Amy-Pressey, Hon. Wilford Taylor, Jr., Hon. -Peter Owen available to them a greater and student body has increased Andrea Foster and Loyst Fletcher (3L) contemplate Black rage at more diverse set ofopportunities dramatically. Although the last week's BLSA forum. than ever before. As a result, numbers are different, she ten years ago, African Americans rise up and say l' m not going to bounds. They need to build those unfamiliar with the Black wondered whether the attitudes have made significant advances take this anymore," the collective coalitions and begin to look to experience struggle to had changed. in terms of their representation success of the race will be themselves for acceptance and understand the frustration that "When I was here, it was a in the judiciary. Among compromised. support instead ofto the majority. comes from the still-prevalent general assumption [on the part colleagues, he finds the Fletcher offered several Furthermore, he added, Blacks notion that Blacks are no more of non-Blacks] that we were here discussion is increasingly about suggestions on how to cope with need to be less accepting of the than the color of their skin. as a result of some affirmative crime and safety as opposed to the frustration. Blacks need to solutions handed down to them Although they have achieved a action program--never because race. He noted, less than 1 commit themselves to academic and count on the wisdom ofthose certain level of success, Blacks we were qualified." percent of the Black population excellence, he said. They need who bear the brunt of the lack true social acceptance. Taylor, a· general district accounts for approximately 45 to establish codes of acceptable problems. Pressey, currently an judge for the City of Hampton, percent of the crime in Black conduct and ~ out against A n;c;c;ption in tB; M-W lobby adnllnistmtor in the Guvcnloc':s said tlIat since his appointment communiti~ . "Un\l\ \Blacks) members who overstep its completed the afternoon event. ======Law Watch By JOHN CROUCH judge Claude Coleman was arrested for supply condoms against parents' will, a the Communications Act, the Eighth Cir­ DISCOVERY SCRAMBLED: Federal using his credit card at Bloomingdales, New Yorkjudge held. (Washington Post). cuit held. (Law Week). rules replacing discovery with spontane­ chained to a wall for three hours and not SUICIDE RIGHT: A right to "rational COURTS MARTIAL OK: Military ous revelation took effect after the Senate allowed to call a lawyer or use a bath­ suicide" is "implicit in the concept of judges are impartial even though they ran out of time at Thanksgiving. Eastern room. Store managers soon told police ordered liberty," said a Detroit judge, serve at the pleasure of their command­ Virginia courts and many others opted they had been looking for another Black citing the "three generations of imbe­ ers, the Supreme Court held 9~ . The out. (Virginia Lawyers Weekly). man who looked completely different, ciles" case to show that the state's interest ChiefJustice noted that officers are banned IRAN-CONTRA ENDS: Ronald but Coleman was still suspended during in protecting life depends on its quality. from trying to influence judgments, and Reagan served his country; George Bush the investigation of the false charges. (Law Week). that the Court of Military Appeals is served his friends by perverting the par­ (New York Times). DEATHEXPE~NT:ABaltimore composed of tenured civilians. (Wash­ doning power and plotted with Bill Casey IT'S AN ANGLO mING: Using only federal judge let John Thanos' execution ington Post). He also invoked tradition, against George Schultz; Caspar the English language on warning labels to be filmed and his brain waves moni­ but Justice Ginsburg warned that enlist­ Weinberger lied; and Ed Meese is not negligent, said California's Su­ tored, to see if gas chambers are crueL ees do not leave constitutional protec­ scapegoated NSC stafIto protect Reagan preme Court. (Law Week). (Daily Press). [John Waters did it first.) tions behind. (Wall Street Journal). and Bush, says special prosecutor WORST FORFEITURES CURBED: GENDERSTRIKES: NewYork'sAp­ VOUCHERS HELP PUBLIC Lawrence Walsh's final report. (Daily Police generally need a forfeiture hearing pellate Division held gender-based pe­ SCHOOLS: Puerto Rico began giving Press). to seize real property, the Supreme Court remptory jury strikes unconstitutional. low-income students $1,500 vouchers to SCHOOL CAN'T BAR RELIGION: held. A car driven to a discussion of a (National Law Journal). use at any public or private schooL Sofar, Public school pupils of all ages have a drug deal is forfeited, the Seventh Circuit FIRSTFEMALES: UnionleaderHisako 317 have gone from private to public, 311 right to pass out religious literature dur­ said. (Law Week). Takahashi will be the first woman on from public to private, and 1,181 have ing school hours, the Seventh Circuit WNINGZAPPED: The Supreme Court Japan' s Supreme Court. (Richmond switched public schools. (Reason). held. To disavow sponsorship, schools let stand a Maryland ruling that zoning Times-Dispatch). ChiefJustice Rehnquist JUSTICE FOR NATIVES: Australia may teach "the meaning of the Constitu­ may not discriminate vocationally against lifted his stay of an order making the set up a court to grant land claims of tion and the distinction between private students. (Washington Post). Houston Citadel admit Shannon Faulkner. (CNN) aboriginal people. The issue is property speech and public;" Judge Easterbrook referendum voters rejected zoning by 53 LAW IS 90 PERCENT STATING THE rights, not "'guilt," said Prime Minister wrote. (Law Week). percent; 72 percent of low-income black OBVIOUS: Pension funds must stick to Paul Keating. (London Times). PHILANTHROPY OK: Black-<>nly . voters opposed zoning. (Reason). low-risk investments, the Supreme Court INDIANS TAXED: New York may tax scholarships are constitutional, an An­ NATURAL STILLBIRm: Anlllinois said. (Wall Street Journal). interracial sales on reservations, said a napolis federal judge held. (National appeals court refused to force a woman to AND 100 PERCENT BUSINESS: Law state appeals court The same issue is Law Journal). have a Caesarian birth, even though doc­ firms may make non~mpete covenants before the U.S. Supreme Court. (New FOR MINORITIES ONLY: A com­ tors at the hospital claimed a natural birth since "'a revolution" has made law prac­ York Law Journal). pelling interest lets drug police stop only could cause the baby brain 'damage. The tice as fragile and fleeting as any busi­ STORE ISN'T SPEECH: Regulating non-white travelers if race is not the only woman refused the procedure on reli­ ness, Justice Mosk wrote for California's newsstands' size does not affect freedom factor, a Kentucky federal judge held. gious grounds. The baby was born later, Supreme Court. (Law Week). (Law Week). apparently healthy. (USA Today). NO FAIR: The fairness doctrine chilled See LAW WATCH, page 17 SPECIAL TREATMENT: Newark PARENTS' RIGHTS: Schools may not speech, is obsolete, and is not required by 6 Monday, January 24,1994 THE AMIcus CmuAE Visiting professors Sepinuck & Zimmerman come to M -W By STEPHEN T. KING to all corners ofthe nation. Before he normally teaches Sales, Two professors have teaching at Gonzaga, he taught Bankruptcy, and Legal History. temporarilyjoined the Marshall­ at Chicago-Kent In his first He also coaches Gonzaga' s Moot Wythe faculty for the spring year there, he received the Court team. semester. Professor Stephen L. "Teacher of the Year" award. Sepinuck compiled a book Sepinuck, visiting from Gonzaga He earned his LL.M. in taxation for a class called Legal University, is filling in for from New York University, and Foundations for first-year Professor Peter AIces. He teaches has at times lived and worked in students at Gonzaga. In Legal sales and contracts this semester. Florida and San Francisco. Foundations, students learn Professor Diane Zimmerman Having only been in about legal methods, common Joms the faculty as a Williamsburg for two weeks, he law analysis, stare deCiSis, legal Constitutional law professor has not had time to truly ethics, legal philosophy and a from New York University. She appreciate the area, as he has wide range of other legal topics. teaches a First Amendment been "hurriedly preparing "I love teaching," he claims, seminar dealing with freedom of Contracts." In fact, this is the "I'm organized, compulsive and the press. first time Sepinuck has ever I like to think that I have a good Sepinuck's career has led him taught Contracts. At Gonzaga sense of humor." Sepinuck's connection to Marshall-Wythe is through AIces. The two of them are co- . authoring a book on Article 9 of the Uniform Commercial Code Stephen Sepinuck from Gonzaga Univ. -Peter Owen on bankruptcy treatment of teaches Sales and Contracts this semester intellectual property. In fact, Sepinuck is involved in the Copyright Law and Torts at America or around the revision of Article 9. One of his NYU. She says, however, "My Mediterranean in search of published articles on Article 9 basic concerns are mostly with interesting archaeological sites. has been cited in recent court civil liberties." This concern is In addition to archaeology, decisions. evidenced by the fact that she Zimmerman has a general Outside of the law, Sepinuck has chaired the First Amendment interest in nature. She proclaims is interested in antiquarian books Rights committee of the herself "an avid gardener." from the Revolutionary and American Bar Association and Whether bird watching, floating Federalist period. His interest in has testified in Congress on down the Zarnbizi River or out old books is balanced by an related issues. She also serves tending to her roses, the lure of interest in science fiction. Until as a products liability consultant the natural world prevents her this season, he preferred the new to Skadden, Arps, Slate, Meager from being too tied down to her Star Trek to the old Star Trek. and Flohrn in New York. desk at the law school. "The new Star Trek has been Outside of the law, one of "One of the nice things about particularly bad this season." Zimmerman's chief interests is being a journalist, I spent ten M-W's other visiting archaeology. "I almost became years being paid to be a professor, Diane Zimmerman, an archaeologist, but I was dilettante." Consequently, has taught at New York sidetracked and became a Professor Zimmerman cultivated University law school for the last journalist instead." Whenever a wide range of interests before Diane Zimmerman comes to --Peter Owen 17 years. In addition to First she has the time, she might be coming to the law to explore M-Wfrom New York University. Amendment issues, she teaches found travelling to Central First Amendment issues. Let us arrange your call back travel '94 Drapers' Scholar named By KIRSTIN MUELLER twelfth century, funds the Drapers' Daily deliveries to the law school Kathy Philpott (3L) has been selected scholarship program. The scholarship as the 1994 Drapers' Scholar from includes tuition, room and board, plane Marshall-Wythe. The Drapers' fare, and an additional stipend for living scholarship program is awarded to one expenses. The Drapers' scholarship UNIGLOBE Marshall-Wythe graduate each year. program has a long history with Marshall­ The Drapers' scholarship program is Wythe, and its participants have highly .'~ run in conjunction with Marshall-Wythe recommended the program. U-Travcd J~rvic~ ~ ~ and Queen Mary and Westfield College While in London, the Drapers' scholar - of the University of London. Each year lives in a student dormitory complex the scholarship program sponsors a legal located in the heart of London. The We Support the Marshall-Wythe educational exchange for one student from scholar attends classes at the Queen Mary each school. and Westfield College, which is one of Public Service Fund The scholarship covers one year of the colleges of the University of London. study in England during which the The University of London also includes Mention this ad and UniGlobe U-Travel will donate $5 to Marshall-Wythe participant obtains an the London School of Economics and the Fund with your purchase of$250 or more· LL.M. from Queen Mary and Westfield King's College. College. The College is well known for The selection process for the Drapers' its international law program. scholarship takes place in the fall ofeach Call 253-1212 or 877-7227 This year, Marshall-Wythe is hosting year. The selection process is open to all Plan now for Holiday and Spring Break Travel Drapers' scholar Andrew Sharland, and third-year students. A faculty committee David Dalke ('93) is attending the evaluates applica'nts based on a statement UniGlobe U-Travel Service • The Village Shops at Kingsmill • University ofLondon as the 1993 Drapers' of interest and the student's resume, and 1915 Pocohontas Trail • Williamsburg, VA 23185 scholar from Marshall-Wythe. submits a recommendation to the Dean. 'Certain restrictions may apply. Offer expires December 1994. The Drapers' Company, an British The Dean then makes the final selection livery company which dates back to the of the Drapers' scholar. 1

THE AMIcus CURIAE News Briefs Monday, January 24, 1994 7

Barney Frankto Speak at Student Bill of Rights Symposium "Iron Lady" to Give Keynote Address at Charter Day u.s. Representative Barney Frank (D-Mass.) will deliver the keynote address at Margaret Thatcher, Member of Parliament and former Prime Minister of Great the Institute of Bill of Rights Law's Student Symposium entitled "Gays, Lesbians, and Britain, will be formally installed as Chancellor ofW&M and will deliver the keynote the Meaning of Family." Frank, one of two openly gay members of Congress, will address at the College's 301st Charter Day ceremonies on Feb. 5. Thatcher, who speak at the symposium on March 23. succeeded retired Chief Justice Warren E. Burger as Chancellor on July 1, 1993, is the The panel discussion following Frank's address will feature widely divergent first female to hold that post in the College's history. viewpoints, including those of Herbert Titus, former dean of Pat Robertson's Regent The Charter Day activities will begin at 10 a.m. at William and Mary Hall. Call University Law School; Beatrice Dohrn of the Lambda Legal Defense Fund, a gay­ 221-2636 for information about tickets. Graduating law students who wish to rights organization; Stephen Pershing of the ACLU-Virginia, which is representing participate in the processional should pick up processional tickets at Blair Hall, Room lesbian mother Sharon Bottoms in her appeal to regain custody of her son; and 118, on Jan. 25, 26 or 27 between 2 p.m. and 7 p.m. constitutional law professor Joseph Broadus, who recently testified before a Colorado state court in support ofthat state's anti-gay" Amendment Two." The court eventually Spencer Wins "Distinguished Faculty Award" found the measure unconstitutional. Professor Margaret Poles Spencer was honored for her "significant achievements Clay Batchelor (2L), organizer of the symposium, is seeking volunteers to assist regarding legal issues ofparticular interest to women, families and women in the legal with coordinating and publicizing the event as well as participating in the Moot Court profession" by the Virginia Women Attorneys Association ata ceremony in Richmond demonstration. Interested persons should leave a message in his hanging file. on Jan. 17. Much of Spencer's recent research efforts have been directed towards exploring alternatives to prosecution for women engaged in prenatal drug abuse. Jackson Promoted to Assistant Dean Lizbeth Jackson, M-W Registrar since 1990, was named Assistant Dean for Lesbian and Gay Law Association formed at M-W Admissions effective Dec. 15, 1993. She will continue to serve as Registrar as well The law school's first organization to focus on issues of concern to the gay and as assist Associate Dean Faye Shealy with the increasing number of admissions lesbian community formed last semester. The new association's first formal activity applications. was a meeting with Acting Dean Paul Marcus, Acting Associate Dean Jayne Barnard, Commenting on her new role, Jackson said that she is most excited about having and Professor Davison Douglas to discuss the purpose of the organization and its plans the opportunity to interact with students throughout their law school careers. "As for the spring semester. Registrar," she explained, "I never got to know students until their second and third According to its founding president Danny Reed (lL), the organization will years. Now I'll be able to see them from the very beginning." provide a visible presence for gay and lesbian law students and address areas of Acting Dean Paul Marcus explained that "the demands placed on the Admissions common concern. Office in recent years due to the law school's growing reputation, required a Future organization plans include informational meetings with faculty and rethinking of our staffing needs. Liz Jackson, who brings a deep knowledge of administration members as well as social events. Interested students may contact Marshall-Wythe's programs and an obvious affection for our students, was a perfect Danny Reed (IL), Peter Owen (IL), or Clay Batchelor (2L). match for those needs."

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Budget proposal will mean M -W students get less for more Another problem with the ex­ Wythe students will go to one ofthe many directly affect the quality ofthe education governor's budget proposal is that our new programs being created under the being received. By Dave Delk increased tuition will result in less proposed budget plan at some other The good news ·is that these budget services. In fact students will be paying Virginia institution. proposals are not as yet final. Governor The days ofM-W being considered a more to get less. The law school currently The law makers ofthis state apparently Allen and the General Assembly have the law school bargain may notjust be fading, operates on about a six million dollar . fail to grasp the need for Virginia to power to make changes before any final they may indeed be over. In the recent budget; under the new plan this figure maintain the high standards of its public plan is put in place. The next two months budget proposal put forth by ex-Governor gets slashed to around five million. The institutions. One reason, year after year, will be critical in this process. William & Wilder, students at the law school could tuition increases are apparently included our law school gets so many out-of-state Mary and Virginia's other state schools expect a significant increase in their in this five million dollar budget. This applications is the quality ofthe education will engage in lobbying the legislature to tuition over at least the next two years. budget reduction would be noticeable at for the price at which it is offered. Cutting insure that these budget cuts and tuition In-state tuition would increase over 20 the law school in the form ofless faculty funds greatly diminishes both the quality increases are not approved. These efforts percent while out-of-state tuition would hiring, fewer new resources for the library ofthe education and its perceived bargain. will go a long way towards determining increase about 40 percent. and OCPP, and less money for student State investment in education is a the future of Marshall-Wythe. Considering the fact that .many law programs. venture in which tangible benefits are It should appear obvious to anyone students go heavily into debt to pay for The final blow to students in this realized. The more affordable higher that tuition increases are inevitable. school, this tuition increase would only whole process is that any additional education is, the more educated your However, any increase in tuition should exasperate this after graduation debt revenue that Marshall-Wythe might populace becomes, and the lessdepeodent not result in a diminishment of services, burden. This debt burden forces many realize from a tuition increase is not they should be on the state as a result. nor should any tuition increase be so students not to pursue the career option of necessarily earmarked for the law school. While the excesses of government drastic as the one which is proposed. their choice but instead find the highest The manner in which the Virginia higher spending are well documented, I just do Virginia has a long history of.quality paying job possible. Consequently, an education system operates is to pool all not believe that any amount of money public education which should not be already intensely competitive firm­ tuition money into one fund and dole the being spent for education is wasted. Most allowed to be threatened by the kind of oriented market becomes even more money out according to the state's budget. public institutions already operate on shoe budget proposals which the ex-governor flooded with job seekers. Consequently, tuition paid by Marshall- string budgets. To force further cuts will has presented for the Commonwealth. It's a MAD World Pathetic defense an option in "campus cavorter's" trial By M.A. DONALD Although the poor-Iittle-ricb­ Of course there are many knife. warfare mentality that seems to Now that Mr. &; Mrs. tlobbltt kid ' syndrome has yet to be factors invOlved. The continued What steroi<1s are for an be a jOb requirement for have both been acquitted, mem­ officially recognized by well-paid willingnessoflegislatures to tum athlete, headlines are for a employment in the police-arts bers of both genders, no doubt, expert witnesses, one jury has to making acts criminal offenses prosecutor. The King and Denny seems to be to blame. It wouldn't are resting easier knowing that already hung over it. in order to "solve" them, and to trials and acquittals are the most have been good enough for those years of physical abuse, acts of That jurors buy this kind of maintain ludicrous laws against glaring examples of ludicrous A TF boys to have just waited for forced sex, and retaliatory acts thing at all is perhaps a reflection things like funky sex and the overcharging resulting in Koresh to have stepped out for of grotesque sexual disfigure­ of a growing frustration with medicinal use of Mary Jane savagery going unpunished in some groceries or bullets to arrest ment do not impart criminal li­ American criminal justice at contribute to a general disrespect ultra-hyped cases. Even here in him. Unfortunatelyforeveryone, ability in the Commonwealth of. many levels. The general, law­ for government and cops. our own back yard, outgoing ex­ they wanted to play army man Virginia. abiding, public's befuddlement Although stupid and archaic governor Wilder stepped in and and got everything all fucked up. Seems likely to my mind that over and resentment of the laws may make even the most granted conditional com­ Guns, dead babies, bad music both juries probably disregarded exclusionary rule is well known, pedestrian citizens somewhat mutation in the Allen Iverson and TV dramatizations. the instructions given them (as but recent headline trials and two-faced when talking about case. On the heels ofthe scandaloos is their right), and decided both their results seem to have left "criminals," prosecutors The short story is that Iverson departure ofour own charismatic cases on that age-old basis: the much of the public slack-jawed generally share in the problem. and some of his friends were leader to Texas, Marshall-Wythe asshole already got what he as well. While the Bobbitt juries are most involved in, and probably started is about to have itsnextlascivioos deserved. Despite ever-escalating likely comfortable with tbe a racial brawl at a bowling alley headline-type trial as Len Spady Whether this approach will rhetoric by political leaders on outcomes of the two trials, the that involved some white people heads to court this week for his work for defendants less overtly crime fighting, increased jail Commonwealth Attorney' s getting hit by some chairs. Only naked campus cavorting. It pathetic than Mrs. Bobbitt funding, and an ever larger office is unfortunately probably blacks were charged. For remains to be seen whether any remains to be seen. An obvious number of police and oblivious to the silliness ofalmost Iverson's first offense conviction, radio personalities will show up test is the case of the Menendez prosecutors, our "system" can't simultaneously arguing that Mr. he got five years in prison ... for selling flash bulbs, after the DJ brothers, where the multi-million even convict a kid captured Bobbitt raped his wife, and that beinginafight. In Vuh-jinnyuh, team Tommy and the Bull made dollar defense seems to be relying forever on video tape trying to Mrs. Bobbitt was calm, the legislature calls that such a killing selling slice sodas, almost exclusively on such an knock someone's head in with a calculating and controlled when "maiming by mob." wieners, and T-shirts up in asshole-victim strategy. brick. she unjustifiably reached for that And certainly the guerilla Manassas.

wherever I can make it personal." admissions procedures, Krattenmaker tively small school with limited resources, 2 TO GO, from page 3 Krattenmaker expfessed surprise at the low proportion Krattenmaker stressed that "we cannot Krattenmaker, in his address to the of minority students. "It's lower than I change the economy so we must tap into without specializing too much." As one student body, stressed that the law school expected, ,., he said. Ifappointed dean, he resour~s that can share with us ideas and example, he proposed offering certifica­ must "stay the course and continue to stated that he would gain diversity in the infornllition." Alumni contributions and tion in environmental law. grow." He felt that the faculty needs to student body by increasing the number of obtaining resources for specific projects Scheiber also said that if he were Dean grow to expand the curriculum and sug­ applications sought out by I, ()()() per year. were two examples offundraising that he he would establish a "consultative rela­ gested using more adjunct professors to Krattenmaker also defined diversity as would pursue. He listed his priorities in tionship" with students by including them fill out the range of courses for second­ looking beyond the East Coast region for fundraising as fixing up holes in the on administrative committees. In addi­ and third-year students. students. curriculum and developing bridges with tion, "My relationship would be personal Although generally approving of the Acknowledging that M-W is a rela- -the college community. Monday, January 24,1994 THE AMIcus CuR1AE 9 Crossfire Short sentence: should Honor Council verdicts be followed? Judgesanddejendant: both at mercy Decision fails to respect M-W ofthe letter ofthe law Honor System, student body considered the opinion of the Council, body. At a trial that Dean Marcus did not applied a deferential standard of review, attend, a representative panel of Kyle's By M.ark A. Donald and overturned the sanction. There'sjust By David Pernini peers determined that a public reprimand, not much room for "should"s in that with the full power' of the student body Judge Zepkin's consumer law class process. "Our system of honor is founded on behind it, was sufficient to uphold the was different from many law school classes The latitude to inject personal feelings student compliance and enforcement integrity ofthe studeotbody. DeanMarcus in that most ofthe litigation looked at was about Kyle, the Honor Code Process, or Thus, the system is administered independently rejected this ruling and of the legal aid genus; the little guy gets even the trolls at financial aid, is a luxury completely by Marshall-Wythe students. decided to require Kyle to return and beg stepped on, and sometimes the law reservedforthoseofusinlessformal(and Any method of discipline imposed the administration for readmittance. Dean provides help. weighty) arenas. And while the members externally, would lack accuracy and Marcus obviously believes that it is the But sometimes the law hurts too, of the Judicial Council may be fairness, and would ultimately erode the administration, not the student body, who putting families out on the street or taking understandably upset by going through community of trust among the students." has the maturity and integrity to decide the dinner money out of the mouths of the often difficult process of sitting in (Honor Code Section 1.10) whether a student can remain within our innocent babes. judgment oftheir peers, only to have their The Honor System codifies the idea "community of trust" A point well made and stressed by the decision reversed, such is life. Decisions that the studeotbody is responsible enough Dean Marcus's actions clearly are Honorable Professor is that too often of courts and agencies are reversed daily to monitor itself. The students decide allowed under the Honor System. (See people ascribe to judges powers they in matters, often literally, of life and what is acceptable behavior and enforce Honor Code section 5.20-"The Dean's simply do not have. As distasteful as it death. those guidelines through the use of the Power of Review"). When making a may be personally for the judges who Nobody likes disagreement, much less Judicial Council. Such a student-run review, however, the system requires that wallow in it daily, the law says what it being reversed by someone higher in system encourages us to act not out of fear he consider the integrity of the Honor says. Ifit says that the single mother must authority, but the Honor Council and the of punishment, but rather with the goal of Code. This is where Dean Marcus has be evicted--the order gets signed. The student body at large, are charged with preserving our integrity. Dean Marcus' failed. His actions do not encourage principled judge has no choice. the full knowledge that MANDATORY recent unilateral act of increasing Kyle respect or compliance with the Honor Law school's abundance ofclose cases review lies in the Dean, and final review Short's punishment attacks the very System. I am not likely to feel I am a in developing areas of the law, and our lies in the President ofthe College. Which character of such a system. It lowers the member ofa community oftrust when the brings us back to the only real question: Honor Code from a system designed to whether or not that's the way it ought to promote a community of trust among "The latitude to inject be. peers to a rule that simply requires students "[Dean Marcus) does the personal feelings about And eventually that comes down to a to proctor exams for professors while matter of opinion. While perhaps the stripping the students of any meaningful school and his position a Kyle~ the Honor Code "'Planlcc-AriSlocracy- was suited to total say of what is acceptable behavior. great disservice when he Process, or even the trolls self-policing, said group did not live in I should state at the outset that I have exercises this power in a at financial aid, is a the complex world of ABA accreditation, not seen all the evidence of the trial, and the modem state-supported university therefore cannot state which of the two manner that so clearly luxury reserved for those (admitting even the peasant classes), and punishments I consider more fitting for states his lack of confi­ of us in less formal (and theimagehyper-sensitiveworldoftoday's Kyle'sviolation. However, I have enough dence in the Judicial weighty) arenas." legal profession. faith in the integrity and morality of the It seems clear that there should be Judicial Council to trust that their Council. " some sort of review to guard against the judgment was fair and representative of particular law school's excess ofpolitical flaws inherent in peer judging, that charm the opinion ofthe student body. Obviously, hand wringing and tongue wagging over may overcome evidence, or that a Dean Marcus does not share my feelings Dean of the school states that he finds the what the law should be coupled with the particular dislike may do the same. To in this area. morality and decisions of my peers to be actual existence of too much, sad have a final review in the hands ofstudents Dean Marcus must insure that each inadequate. Rehnquist/Brennan find-a-way would only serve to greatly increase the student who graduates is fit to be a member Dean Marcus is free to do whatever he jurisprudence, combine to create too much scope and tension of students judging the of the bar. With such responsibility, he wants as the Dean. He is free to disagree of an impression that those who sit in judgments of other students judging the must have the right to expel a student ifhe with the Judicial Council's decision. judgment always have a choice. And accused. feels it truly is warranted. However, that However, he does the school and his while, yes, theoretically in some sort of In any case, it's highly unlikely that is not what Dean Marcus has done in this position a great disservice when he Robert FulghumlGhandi-esque way they the school would ever totally relinquish instance. He agrees with the Judicial exercises this power in a manner that so do, that is often the extent of the ability to control of the disciplinary process for Council that the act does not warrant clearly states his lack ofconfidence in the choose. students. Though by and large the permanent dismissal. Judicial Council. By replacing his And so to give Dean Marcus and each populace here is of the docile sort, it Nevertheless, Dean Marcus feels that judgment for that of the Judicial Council, of the members of the Honor Council the wasn't that long ago or that far away that his judgment should be substituted for Dean Marcus has made a bold statement fullest presumptions of integrity (which water cannons and even actual guns were that of the representatives of the student about his lack offaith in the student body. is by all reports, due them), the question used to resolve student/administration of whether or not Dean Marcus "should" differences, and institutional memories should post a notice prior to the deadline have changed Mr. Short's sanction, are long indeed. LEITER, from page 3 regarding the exact date on which grades becomes a question of whether or not However opinions may differ as to will be available. final review of the decision ofthe student whether students should have the final sors be forced to grade papers hastily. I This latter suggestion is not a perfect Honor Council should rest with the . wielding ofthe boot and however opinions am protesting the fact that anxious stu­ solution. However, every day that a stu­ administration. may differ as to the wrongness of what dents are forced to wait past the time by dent approaches the wailing wall after To question either decision on other Kyle did, voices should not be heard to which they should have been informed of the grade posting deadline only to find grounds would be to accuse either Dean complain that those on the Council, and their grades. I have never graded 120 that grades still are not up, the student Marcus or the Honor Council ofdereliction those charged with the heavy duty of essay exams and I do not know how long becomes irritated with the professors. ofduty or incompetence in administering review "should" have done something it takes to do a thorough and consistent Posting a revised "late date" for the class the Honor Code. The Council heard the differently. job. However, if professors need more would improve communication between evidence, applied the Code and made a We bought our so-called Honor time, the registrar may need to move the the professor and the students and there­ finding. System. We should eat it, or throw it deadline back one week. Or, if a profes­ fore somewhat alleviate this irritation. Dean Marcus reviewed the record, away. sor knows she will need extra time, she -Marc Bernstein (3L) 10======Monday, January 24,1994 THE AMIros CURIAE Ask Mr. Smart Guy We regret to inform you that Demeanor's column. unhindered by obstacles: Ford Hey, Smart Guy: indications point to the Miss Demeanor was recently -&is. was appointed to the position I'm an unattached fint-year conclusion that there are worse implicated in the wave of and Delk ran against Ian Alberg. guy who's losing hair hand over traits you could have. These academic suspensions, Dear Mr. Smart Guy: As to President Delk's f"J.St. I'd like to date, but it's include a paunch, pasty-white withdrawals, and general I've heard our new SBA background, Smart Guy cou1dn't already January and no one skin, a really crappy car, or an mayhem at M-W and will no President Dave Delk being dig much up. Many expect his seems interested. I think it's embarrassing combination ofall longer contribute to the pages of compared to Gerald Ford. Any will. be a low-key, my lack of hair. What's a three. the Amicus Curiae. The truth to the comparison? I uncontroversial tenure marked balding fell a to do? While it is true that (1) very administration has declined to would like to know more about by determined stewardship, -Solar Panelled Sex Machine few women are immediately comment but information leaked Delk. What's the scoop? modest progress and a drawn to men without much hair, by a high-ranking official - Squeaky Fromme willingness to identify roomates Dear Too-Bad-The-Sun's-Not­ and (2) competing for those suggests that she faces criminal when asked. Any gab about a so­ Shining, women will be tough in the indictment f or submitting a Dear Paroled-Already? called officers' coup in which First, don't panic. You're saturated market ofbalding men fraudulent mortgage application Presidents Delk and Ford Delk is railroaded out of office not alone. A close examination that currently exists atM-W, the on a house of ill repute. The were both elevated to the on a trumped up charge and of composite photos shows that existence of Scott Helsel is Amicus Curiae will continue to presidency when their replaced with a puppet compliant 36 percent of all males at this offered to demonstrate that even investigate. predecessors resigned under a to the whims of other SBA school are losing or have lost guys with less hair get the girl, Mr. Smart Guy, a man with cloud of scandal. The only other officers is just more of the loose their hair (not including those albeit cheesily and less frequently the inside scoop on all the doings notable comparison is that they talk we've come to expect from who voluntarily shaved their then Scott likes to admit to the of M-W will assume Miss both became Vice President that weasel Pete Schiron. heads). Additionally, all public. American juries are a dream come true for defendants By TED ATIaNSON This poor weasel no longer has a separate video you just saw shows a hundred cops filing your taxes or speeding? It's interesting to read headlines from identity; his member is some stupid beating the hell out of some guy on the Perhaps legal skills could take a cue foreign newspapers, because you sidekick that always gets in the way and ground as he writhes in pain and spits up from this freakshow. Client B shouldn't understand immediately that foreigners makes things hard for him and others; its teeth, don't be fooled. He had control the be about broken de-icers, who owns a are genuinely worried about millions of like having Gilligan in your pants. whole time." If I was being tazed in the song, or who tresspassed on who's lawn. things. Every conceivablejoke has been made back and kicked in the head, I wouldn't I think we should have to prepare for a Market downturn and nuclear weapons about the incident. Leno, Letterman, and have control over my own urinary system, trial in which the issues will focus on proliferation is making things itchy for Conan have based entire monologues, for let alone some big beefy cops. Yet they whether the plaintiffbeat up the defendant our Pacific rim friends; profound weeks, on this stuff. Every single walked. silly with a pipe or whether the defendant governmental upheaval in Russia has comedian cracked wise about the Bobbitts So did that Menendez kid who will was justified in slicing up her husband every man and woman wondering who's on Comic Relief VI without exception. now be able to go to the Caymans forever like a paper doll. Closing arguments minding the store and whether that store The word 'Bobbitt' has been verbed, as to heal his inner child or at least take it to would be ever so much more entertaining has enough money and food to go around; in, "Ifhe ever cheats on me I'm going to parties and buy it shiny new cars with the ifthe lawyers bypassed the law and argued and Europe as a whole is wringing its seize his thing and bobbitt," or "Bobbitt trillion bucks he inadvertantly inherited instead about whose client was crazier. bands ovenhe semi-finals ofLht: St:rbiau­ me a hwlk. Qflhat SUUllIleI" :sausage, would when he and Eric pumped mom and dad Roleplaying would certainly be more Croatian-Muslim cage match. People youT' At least the jury made a decision full oflead in self-defense (they were able interesting. elsewhere are deeply troubled by strife, and we were spared the 'hung jury' jokes to prove the tricky legal standard requiring Perhaps changes need to be made at war and hunger, murder, turmoil and that would have hounded us through that the defendant have' a hunch' that his the constitutional level. too. When the fundamental economics. winter. life was in danger). Founding Fathers set down on paper the For the most part, we as a nation are It is this jury, and juries like this one, Lorena goes free, too, sort of. She'll right of every accused to have a trial by focused on one thing, and that thing that really bother me about the whole have some tests in Petersburg's mental jury, they had no idea the world would happens to be a severed penis. In this affair. I used to worry that juries were too facility, and then probably be released. change radically. They didn't consider effort we may have sunk so low as to be dumb to grasp complex legal issues, but Her only real punishment is that she will the possibility that one day people would deemed morally bankrupt, even by French now I worry that they're too dumb to get probably never go out on dates again, but kill their neighbors and eat them. standards. the easy ones, too. I know a ton of people who don't date Benjamin Franklin, a future postmaster Lorena Bobbitt is without a doubt the I know lawyers are tricky bastards all either and they haven't sliced anything general, never predicted that the postal most widely recognized name in America around, but come on. What in the hell do off anybody. system itselfwould help breeddisgruntIed, today," pulling way ahead of all other you have to say to get the jury to buy the Just exactly what kind of crazy stunt contenders with the possible exception of defense in the Rodney King trial? "Ladies do you have to pull to be found guilty See BOBBIT, page 14 her husband, John Wayne (!) Bobbitt. and Gentlemen, despite the fact that the anymore? I mean besides incorrectly Simplex Dictum by Jeff Regner

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I M'P~£.s S , 0";' Monday, January 24,1994 THE AMIaJs CuluAE 11 Life After Law School More secrets to success: Patsy Cline as a role model By DAVID ZIEMER bartender that she thought he ply float along upon your words just falling to pieces every time room except the melody of your Midwestern Co"espondent made a mistake in killing the without paying any real atten­ the judge rules against you. No voice and some phrase as stupid I learned a valuable piece of song. tion to them. Thus, when your matter how irrelevant a given as '1 Fall To Pieces. ' information the other day, and "He's just being sarcastic," opponent objects to some irrel­ piece of evidence is, always look "If it's a theft case and the thought 1 would write to share it was the bartender's response. evant line of evidence that you as if it's exclusion is breaking only element at issue is intent to with all of you. This other attor- She didn't think so, and asked try to enter, they fallout of rev­ your heart. defraud, you want them to re­ ney and 1 were in a tavern cel- the wounded animal if he really erie with a heavy thud and be- "It doesn't make a bit of dif- member nothing except a mean­ ebrating the fact that our clients- wanted to hear the song. Of corne angry. ference what the evidence is that ingless phrase such as, 'Only -co-defendants named in a very course he did. "Imagine you are in court. you're trying to admit. How .robbing Peter to pay Paul.' You nasty little criminal complaint -- At this point numerous other You ask witnesses for infonna­ many people in this bar do you want them to sing the damn were acquitted of all charges of people in the bar began voicing tion that is clearly inadmissible think actually know the lyrics to phrase to themselves during de­ significance. He's a very big their objections as well. Thus under the Rules of Evidence and that damn song, even though liberations. " attorney in town, so 1 learned did a bar full of drunks raised on every time the opposing counsel they just heard it? They are just "That's crazy," 1 protested. quite a lot from working on the the Rolling Stones clamor to lis­ objects the jurors react with the floating along on the melody "That's right," he said. case fonn him. But as we drank ten to a stupid Patsy Cline song. kind of indignation that the and the chorus. You want jurors '" Crazy for crying, and crazy for more, 1 wanted to learn more; 1 The attorney pretended that people in the bar did when the to pay that kind of indifference trying, and crazy for practicing wanted to know the secret to this development was not part of bartender killed Patsy Cline. to evidence, keeping nothing in law. ' Patsy knows. Patsy knows being a very big attorney in town. a plan, and volunteered to replay Stand there and look like you're mind when they go into the jury everything about the law." He took a long draught from the song. The song came back his drink, and said, "I'll tell you on and everyone became happy the secret. Patsy Cline," he an- and started singing. Then the swered. attorney began to pontificate. "Patsy Cline?" 1 responded. "Patsy Cline is the goal for " What in hell has Patsy Cline which every attorney must strive. got to do with the practice of I've listened to Patsy before ev­ law?" ery trial I've had hoping to ob- "Everything," was his re- tain some ofher appeal that way. sponse. We argued for a while Here you have a bar full of per­ until eventually, he decided to sons in their 20s and 30s-not demonstrate the significance of one of whom was born before Patsy Cline in the field of law. Patsy died and not one of whom He walked over to the jukebox, would consider wasting a quar­ put in some money, and seJected, terin thejukebox onPatsy Cline, HI Fall to Piecec" by P3isy her- when th~y can play Michael self When the song came up, he Bolton or Mea tloaf or Van pretended not to like it, acted as Morrison or whatever other shit if he had selected it by mistake, we've been listening to since we Top 10 Guesses As To What This Man Is Doing and asked the bartender to kill got to this place. But cut off 'I 10 Attempting to take off the song. The bartender said he Fall to Pieces' by Patsy and 9 Getting rid of flies plaguing the otherwise technologically advanced Courtroom 21 couldn't stand the song either you've got spontaneous, unani­ 8 About to pin Hulk Hogan before an admiring croud and readily agreed. The song mous and righteous indignation. 7 The Funky Chicken or The Peppermint Twist ceased in midnote. You've got people howling with 6 Sure? Unsure! Then, from across the bar actual physical and spiritual 5 Quickly changing into his alter ego as a mild mannered professor carne a howl of pain that could pain. 4 Trying to get that damned monkey off his back only be classified as human by "What you want as a trial 3 Removing trapped fart gasses from his robe stretched analogy. Another pa- attorney is for juries to respond 2 Demonstrating what it takes to get an A in Legal Skills tron of the bar sensed what was to you the way bar patrons re­ 1 Putting out flames caused by the spontaneous combustion of his polyester garment the matter, and informed the spond to Patsy. Jurors must sim- Collect them all! This week: Pyros o/the law school! More clip 'n' save Marshall-Wythe trading cards

Unidentified Law Student John Mateyak Ben Landon Fred Ochsenhirt 12 ======Monday, January 24,1994 THE N.aros CuiuAE The World Almanac®Crossword

ACROSS 36 Rubidium • Hit with leg 39 Do lann I ymbol jOint work 1 Uphold 37 City in UtM 5 Stick 40 New Orl.,ns 5 Goal 38 MOlt natural 6 Beli. 11 team B Johann S. and simple 7 Mountains ... South Ame~ ba. • tiln - . 1 Plus (abbr.) cln animal 12 Nl rro w strap . 2. Pig 8 Cooking 45 Attention­ 13 Aug. tim. 43 B. sick slowly g.tting 1. Regulation 45 Thick soup 9 A r.lalln sound 15 First..,at. 48 Hatred 10 Nil. qu.en, 46 Capable 01 (2 WdL) 52 Mut lor short (2 wds.) 16 Brilllh Navy 53 Own (Seol) 11 Chopped 47Actr.. s abbr.viatlon 54 _ Ml9nlni 19 Del eals (sI.) Martha - 17 Over again 55 Eye 20 Sklll. t 48 Chop finely 18 Cold inlection 22 T~ 01 49 -- the symptoms 56 Perlor- tuber ground floor 20 Mountain- manc. 23 Church part 50 Tangle IIr'$ aid 57 Satellit. 2. 4 Smallest 51 Brings lorth 21 Wom.n's p. 58 Having loot particl. 53 Driv.rs' org. triollc soc. parts 25 Acee.. 22 Western 59 Roman 27 Local movie hemisphere bronze theater (sL) 23 ~:~~Iilate 60 Aardvark 's 28 Baseball 26 Small cut- diet player - Blu. ting tools DOWN . 29 Paradi.. 31 Swimming 30 Dispatch places _.. 33 Cooled lava 1 Ungerie 32 Conr ... 2 Vaat period with soap (e) 1992 by NEA. Inc. 34 Nest 01 01 time 36 Arrang. pheasants 3 Movie 37 CorneHa - ======Outer Lim its ======35==POrti==Co======skln==ner======from staffreports were entertaining. (London Times). shirts saying, "School Food. . . . Eat it IF AFRICA IS "WEIRD" AND "STU­ FALSE IMPRISO NMENT: A burglar MASS NOSE TRANSPLANT: 2,000 before it eats you." School food services PID," WHAT IS ENGLAND?: Britain in a Belo Horizonte, Brazil, shop noticed Korean noses, borrowed by invading director Donna Witrock said her exten­ gives juvenile offenders world tours to a tank of industrial glue and sniffed it Samurai in 1597, wereretumed and bur­ sive research produced no proof that build character. A drunk driver, 17, said until he blacked out in ecstasy, knocking ied near Seoul last month. (London Times). school food had killed anyone yet. (Rea­ of his 80~y , $10,500 trip that Africa the tank over. He was glued to the floor NEGLECTED CRISIS REQUIRES son). was "weird, stupid," Cairo was "totally overnight until police cut him free. (Rea­ MASSIVE GOVERNMENT INTER­ ARTILLERY POTATOES disgusting rubbish," the pyramids were son). VENTION: TheMaricopaCounty, Ariz., EQUALLY HARMLESS: Zachary "nothing special," and camel riding was BIGH ACHIEVER: Posse chiefDuane Health Department's undercover agents Burgess, 13, of Leesburg, shot himself in so "painful" he looked forward to prison. Daniels, 19, pled guilty to a record-break­ have been crashing weddings to detect the head with a four foot potato gun. He (London Times). ing 959 crimes at London's Old Bailey. and seize cakes baked without licenses by had shot the succulent fist -sized morsel HE'LL CLAIM HE SAID "SAMU­ His daily diet includes ten pints of malt friends or relatives. (Freedom Network into the air and was trying to catch it RAI": After spending the night watch­ liquor, 20 rocks, a half~unce of mari­ News). when it attacked him. Neither the boy DOr ing sumo wrestling, President Clinton juana, "handfuls" of tranqus, and two SAMURAI STRIKE AGAIN: A Viet­ the potato was injured. (1. Crouch) told German Chancellor Helmudt Kohl doses of LSD. (London Times). namese teenager's hand was sewn back SAMURAI TOW TRUCK: The Brit­ be reminded him of a sumo wrestler. SELF-CENSORSHIP: Canada seized on after he was beset by a gang wielding ish version of AAA towed a disabled (London Times). American books by feminist author An­ Samurai swords at his home in Hackney, Cadillac 1,800 miles, from Red Square to SHE BEITER NOT BE SERVING drea Dworkin, claiming they violate the England. (London Times). Portsmouth, England. (London Times). MYCOMMUNITY: Cynthia Gillett of antipornography law that Dworkin and BUT WASN'T SHAKESPEARE GOD IS EVERYWHERE, BUT PRE­ Waynesville, N.C., who covered her sleep­ Michigan law professor Catharine QUEER?: Hackney school headmis­ FERS NOT TO MIX WITH STREET ing husband's penis with nail polish re­ MacKinnon inspired. (Reason). tress Jane Brown refused an offer of free PEOPLE: San Francisco Hindus and mover and torched it, plea-bargained for TREASURED KEEPSAKES: A Ho­ tickets for her students to see the ballet New Agers have been worshipping a four­ probation and 240 hours of community nolulu admiralty firm uses condoms as "Romeo and Juliet," pointing out that foot high abandoned parking barrier that service. (Washington Post). business cards. Something about seamen children get a distorted view of adult life resembles a Shiva Linga, a symbol of the WATCHDOGS HAVE ACCIDENTS is printed on each condom. (1. Van Pelt). if they are continually exposed to hetero­ powers of the god of destruction, which is TOO: There are 32 building code viola­ ROSENBERG COCKTAIL: Linda sexuality but never allowed to observe shaped like Zippy's pinhead. The crane tions in the headquarters of San Rosenberg of Wimbledon, England, homosexual relationships. (Reuters) . operator who first abandoned the deity in Francisco's Bureau of Building Inspec­ poured 80 pounds of rotting chicken and SCHOOL FOOD NOT PROVEN LE­ Golden Gate Park recently moved it to an tion, according to California's Occupa­ turkey entrails, maggots, and roaches THAL: Denver public school nutrition­ artist's house to protect it from street tional Safety and Health Administration. down her neighbors' chimney while they ists demanded that stores stop selling people. (Washing/on Post) (Reason). r----~-----I r----B:n-----I r---B~~o;n----I r--~:;:t;---I Fred was the only suspect One witness informed the I "Big- John, who usually sits I I This unidentified law student wearing an overcoat. He con- police that she heard the I anywhere he wishes in class, I I arsonist ot undergrad buildings tinued to proclaim his inno- arsonsist blabbering on and I is another prime suspect who I I is still on the loose. Police cence. The pungent, inflam- on about something of little I knows how to lean against a I I suspect the student may have mabie nature of Fred's bangs importance. Benwaspromptly I line-up wall with his chin held I I attended Prof. Butler's review told a different story as did the arrested. Suspect Landon I high. He wanted to pursue a I I session of Property I at which unidentified cult pin which the continued to speak while the I career as a bouncer, but didn't I I she included the just-published suspect proudly wears on his officer was reading him his I like late hours, so he went to I I second edition of the text not lapel. Fred has described his rights, probably under the I law school instead. There, he I I covered in class. The student arrest as "the most humiliating mistaken belief that he was I achieved instant fame when I I was last seen murmuring incident of my career due to still in class. I hesinglehandedlycausedthe I I-Bum, Baby. Burn: whi-ch the photographing of my but- I collapse of the 1L hanging files. I I could be inferred as either" a tocks and genitals.- I The stereotypical-strong, sirent I I sign of his guilt orm his"desire I type,· John has been known to I I for Butler. cany torch or Ii ______• I.r _____ ..., _____ ••I ____a .... .______two. ••I I ______. • . . , . ThE AMIcus CuRw: Arts & Entertaimnent Monday, January 24, 1994 13

It's Only Rock & Roll Beavis & Butthead come to CD, give love & sex advice By BILL MADIGAN Yoakum appeared in the survey. Little did we know when we first saw Gun, "and thecurrentIy hip White Zombie Before we get to the reviews for the There were even a few metal "Frog Baseball" that Beavis and Butt­ with "1 Am Hell." new music, it is time to reveal the stunning suggestions, most notably the always head would soon become household Jackyl rounds out the album with the results ofthe first annual Marshall-Wythe appropriate Kiss with their Alive III names, and eventually put out the aptly­ very raw, very crude, very cool cut "Mental CD of the Year Survey. album, and Alice In Chains. Other titled Beavis and Butt-Head Experience. *@Yo#!''' (Note: Ifyou listen to the song, Taking this poll has taught me two intriguing entries included Kirsty This I2-track, 59-minute CD features you'll discover that *@o/o#! is the code things about the M-W student body. First, MacColl's Titanic Days, Joe Henry's songs by 11 different metal, rap, and rock word for "masturbation." Just thought there is a great diversity of musical tastes, Kindness OfThe World, Urge Overkill's artists as well as a healthy dose of the you'd like to know.) Other non-metal as few albums gOf more than one vote. Saturation, and RuPaul 's Supermodel Of crude, yet insightful humor of our two favorites are Aerosmith's "Deuces Are Second, most people are too damn lazy to The World. And of course, there were little friends from MTV. If you're a fan Wild, " a song very much in the same vein take three seconds out of their otherwise some more mainstream entries: Smashing of the show-and who isn't-you'll find as their fabulously popular rock ballads, mundane lives and write. down one little Pumpkins, Counting Crows, U2, The Spin the CD worth the price of admission even Primus' salute to B&B "Poetry And album. The participation of those that Doctors, Lenny Kravitz, The Breeders, ifyou deleted all ofthe non-B&B material. Prose," and Sir Mix-a-Lot's "Monsta did submit their choice was appreciated. and PM Dawn. In fact, several ofthe B&B song intros are Mack." Coming in in the number one position And now for the music review: longer than the songs themselves, and the The best parts of the album are the for 1993 was Cracker with Kerosene Heat. boys have two songs of their own on the Beavis and Butt-head interludes, which There were three albums that tied for the Artist: Various Artists album: "Corne to Butt-head" and their include some classic B&B lines. When number two spot: The Cranberries, Title: The Beavis And Butt-Head duet with Cher, "I Got You Babe." describing his dream girl, Butt-head Everybody Else Is Doing It, Sting, Ten Experience As for the music, the best of the lot is proclaims that he wants "a chick who Sumner's Tales, and Belly, Star. AIl the Producer: Various Producers probably the single, "99 Ways To Die," doesn't suck ... uh, no, wait a minute. other nominees only received one vote Label: Geffen Records from Megadeth. It is typical ofthe current That's not what I meant." In the each. Best Cut: Megadeth "99 Ways To Die" Megadeth sound: heavy, aggressive riffs seductively crass "Corne To Batt-Head," The submissions spanned all The Good: If you love the show, you'll with Dave Mustaine' s whiny voice telling he croons "I would do something that categories of music. There were several love the CD. us of the social harms wrought by the really sucks for your love," and nominees from the classic rock category The Bad: The music plays second fiddle omnipresence of guns in American · "sometimes you have to act like a wuss to including Rod Stewart, Neil Young, to the between-tracks society. get chicks." While trying to get on Meatloaf, Bob Dylan, Pete Townsend, ramblings of the boys. Other stand-out tracks on the metal Anthrax's tour bus, Butt-head queries "is and the always hip Bee Gees. From the The Ugly: Beavis and Butt-head trying to side are Nirvana's "I Hate Myself And there anyone like, uh, cool in there,"­ world of countIy music, new albums by convince Run DMC that they Want To Die," Anthrax's Beastie Boys­ something I wonder every time I walk Clint Black, Willie Nelson, and Dwight are also from Hollis, Queens. esque "Looking Down The Barrel Of A into this place. Seasons comes t6 the 'burg: good food and good beer By JEFFREY REGNER of Market Square. The standard selections. Lunch delicious but even better were excellent as well. My lovely dining companion atmosphere is a mixture of the entrees were offered for under the french fries. Like most My companion ordered the treated me to the pleasure of her local Cheers chain ofrestaurants $10 and dinner for a few dollars occasions when one comes upon mushroom-swiss hamburger presence and conversation for and a fine 18th century horne. more. Not being in the burger the perfect french fry, one cannot with a sideofbakedbeans topped lunch at Seasons. Seasons, But that is as one would expect mood, I enjoyed their blackened finger precisely the reason the withbacon. Shefounditpleasing although wholly without the . because Seasons and Cheers are chicken breast sandwich, fry is perfect, only that it is. But although possibly a bit rustic feel of many of the CW brought to you by the same folks. seasoned with cajun spices and don't rush in and order the french restaurants, assumes the colonial The menu had only a few served on a bun with melted fries without first considering a See FOOD, page 17 decor consistent with the shops variations from the Cheers cheese. I found the sandwich side of beans. They were •••••••••••••••••••••••••••••••••••••••••• • r"iU"v-o"i.E,GET-oi4il • • • • • • : FEE : • • I Buy Any Foot Long I • • I Sandwich Or Salad And Two I • • I 22 Oz. Drinks & Get A Foot I • • Long Sandwich or Salad (Of I • • I Equal 0( Lesser Value) • • I FREE ' I • • I With this Cupon • Expires Dec. 31, 1993 I • • I One Cupon Per VISit· Cupons Good Only /iJ1 • • .. __ ~I':.ms.!:::~~ __ .. • • • • • • • • • Williamsburg Shopping Center • • Monticello Ave. & Richmond Rd. • • • • • Open Late Every Night : 220-3246 (220-ECHO) • 1 mile from campus Ewell Station : : Williamsburg Crossing Shoppi.ng Center • • Shopping Center 5601-9 Richmond Rd. : itA New Dimension in Sound"· • Rte 5 and Rte 199 (565-1782). : 1.5l-7614· 565-1'/u'B: •••••••••••••••••••••••••••••••••••••••••• 14 Monday, January 24,1994 THE AMIcus CURIAE Cinema Cynicism Schindler s List: a cinematic marathon well worth running By STEVE yOUNGKIN cheap labor. He entered the business, not the film so that the audience, most of the 3-hourrunningtime is not a hindrance ... ~ -- Normally, when credits for a movie with noble intentions, but simply to whom only know of the Holocaust from but an opportunity for the audience to start to roll, the audience gets up, put on become as rich as possible. history books, experienced the utter horror become fully engrossed in the film. their coats, exchange comments with one Though essentially a slave camp, his and devastation of the experience first It also helps that Schindler (played another and walk out of the theater in a factory became a haven for the Jews. By hand. He shows how casually the Nazis brilliantly by Liam Neeson) is never relaxed atmosphere. But :when the credits working there, Jewish employees became killed the Jewish people. In one horrifying portrayed as the perfect hero. He was a for Schindler's List started to roll, the "essential workers," according to the sequence, a Nazi commander plays a Nazi, an adulterer, and an exploiter of audience just sat there stunned and silent. German army, and were consequently piano while his men slaughter the slave labor. He justified his friendships Schindler 's List was not a movie in saved from the death camps. Thus despite residents of a Jewish ghetto. The with SS officers with profit. Because of the normal sense of the word. This was a complete absence ofvirtuous intentions coinmander's lack of concern for the his flaws, Schindler's actions and pure not a movie during which one could lean or personal concern for his employees, bloodshed occurring right outside his door motives are all the more heroic. back in the seat and relax until the time Schindler became an inadvertent hero. clearly illustrated the regard that Nazis Many other good things can be said came to leave the theater· then quickly But after a while Schindler began to had for the Jews (none whatsoever). about Schindler 's List. Ben Kingsley (as forget the event. understand the full horror ofthe Holocaust One of the most remarkable thing the accountant who runs Schindler's No, this was not that type of movie, and he slowly alters his plans. Instead of about this movie is how Spielberg created factory) and Ralph Fiennes (as a sadistic . -- this was an experience. This was an manipulating Nazi officers in order to get the film's impact. Normally, Spielberg Nazi commander) give flawless experience that affected the mind and the more war contracts, hebegins to maneuver relies on cinematic trickery (JurassiC performances. Mention should also be soul. This was an event that cut to the to get as many workers as possible for his Park for example). While some of his made of Janusz Kaminski's on-location very core. Schindler's List is completely factory. His motives have become more movies have been impressive, the viewer photography of the death camps and of unforgettable. pure. He wants laborers, not to make never forgets that this is just a "movie". Steven Zaillian's profound script. The movie has no plot as such. It tells money, but to save as many lives as In Schindler's List, though, he achieves But, in the end, Spielberg is responsible the true story of Oskar Schindler, a Nazi possible. In the end, Schindler saved over his power, not through gimmicks (with for the impact of this movie. The film war profiteer, who took over an 1,100 lives. the exception of a single dramatic use of forces watchers to experience gratitude enamelware factory. For Schindler, the If Spielberg had centered only on the color in an otherwise black-and-white towards Spielberg for creating a movie factory was an ideal venture since all of story, the movie would have been just film) but by simply allowing the story to that makes them relive the darkest hour the workers were Jewish and, therefore, good. Instead, he broadened the scope of unfold. Because the account is so riveting, of the 20th century. Into the Woods more "deft, witty & complex" than average By STEVEN YOUNGKIN And that is where actors had tended to lay it on thick, hurting dents were outweighed by story alone would suggest. Oc­ Stephen Sondheim is never trouble. While the first act is the mood. As a result, the musi­ enough good moments to make casionally, the actors failed to one to take it easy on his actors. lighthearted and frivolous with cal, though enjoyable, tended to for a very pleasant leading per­ grasp this underlying complex­ Instead of writing interchange­ an emphasis on comedy rather be confusing in tone-particu­ formance. ity, but they were on the mark able Andrew Lloyd Webber-like then content, the second act is larly during the dramatic por­ While on the surface, the play enough to make the performance pop-ballads for his musicals, more serious and more directed tions of the second act. seems frivolous and simplistic, a very relaxing and enjoyable Sondheim writes complex songs towards getting Sondheim's The musical did have a num­ it is, in reality, a more deft, witty way to forget classes and every­ that require the performer to sing moral across (be careful of what ber ofpleasant surprises though. and complex musical then the thing else for a while. correctly while remaining in you do since everything you do Instead of sticking strictly to character-not an easy task. affects somebody else). As a Sondheim's script some small For Into the Woods, result, while the first act was changes were made, the biggest Sondheim made the _material almost slapstick, Act 2 had to be of which was having an actor Sinfonicron Light Oper even rougher. Superficially the performed more carefully. For­ portray Jack's cow, Milky­ story seems simple enough. tunately, Sondheim's musicals White. According to the origi­ Company Presents From famous Grimm fairy tales (which include West Side Story, nal script, the cow is strictly a (including "Little Red Hiding Sweeney Todd, "Sunday in the prop (usually made out of plas­ Hood," "Cinderella," Park with George and Assas­ tic), but in this version, director "Rapunzel," and "Jack and the sins) are so well written that the William Joseph Whitmore, cast BeanstaIk"), Sondheim weaves music can carry the actors even Pamela Mason into what would together the tale of the quest ofa if they are not quite up to the presumably be a thankless role baker and his wife to recover task. Done correctly, the actors (as written, the cow has no lines certain items needed to lift a come off looking even better. or moments). Surprisingly, Ma­ curse from their house. As with In last weekend's production son transforms an essentially all fairy tales, the musical begins of Into the Woods, W&M cast throwaway role into a scene­ with the words "Once upon a members ranged in quality from stealing character with nothing time," and continues until the delightful to forgettable but even but simple reactions, lightening words "happily ever after." But, the good ones suffered from the the mood even more. in this case, that's just the end of common malady of not giving a Other pleasant surprises in­ Act 1. The rest of the musical light enough touch to the mate­ clude Michael Harding as concerns what happens after rial. Instead of holding back at Cinderella's Prince Charming everyone lives happily ever. appropriate moments, they and Courtney Leigh Stanford as the Baker' s Wife. While the jury pool, at that time Harding' s performance bordered BOBBIT, from page 10 composed of well-read farmers on over acting, he made his char­ who dabbled in science and arts, acter such a cartoonish, vain ego­ heavily armed ex-workers would be supplanted by 250 tist that you couldn't help but be fascinated by shiny objects. million people completely amused while he was on stage The most exotic crimes that addicted to Cops. (particularly during his produc­ the framers of the Constitution If they had known, they tion of " Agony"). As for Music could probably think up was might have concluded that a Stanford, she occupied arguably murder and robbery. If you jury of one's peers is strictly the best written role in the musi­ & Lyrics By Book by commit these crimes today you prohibited by the Eighth cal. While at times she didn't Stephen SondheiIn James Lapine are labeled a hick. Amendment as cruel and seem to quite know when to un­ Nor could they imagine that unusual punishment. derplay the material, those inci- Monday, January 24,1994 THE AMIrus CuiIAE 15

Contest hopefuls practice beach skills.

Cathy Clemens ('93), re'nowned flexibility, she establish a pool of 16 showed up to defend her was shockingly unthroned finalists for a trip to the title as limbo queen last by Limbomaniac-come­ Bahamas. The acerbic Ted Friday atP.S.F. 'sBahamas lately Bryan Fratkin (2L) Atkinson (2L) presided over Blast, the successor to who will hold the title until the final round, where previous years' Sea and Ski next year. Andrea Masciale (3L) was parties which was held in The evening's dancing the odds~n favorite, having the Campus Center and inebriated indoor beach been drawn for three of the ballroom. Despite Ms. volleyball was peppered by 16 chances. Clemens' slight stature and preliminary drawings to The final winner of the trip, however, was Scott Greco (3L), who became the toast of the party and was surrounded for the remainder of the evening by a group of women Kathryn Hutton (2L), Lori Kline (2L) and Carl Neff apparently interested in (2L) lei each arriving guest, despite the cultural Caribbean travel. inaccuracy. For the past two years the function was named Sea and Ski. However, this year Wintergreen was unable to donate a ski package due to a high rate of requests for donations, thus eliminating the "ski" portion, explained Paula Wollard (3L). P.S.F. Treasurer King Tower (2L) declared the Chet Nunoo-Quarcoo (3L) and Mark Donald evening a success with an (3L) provide the tunes estimated S 1700 grossed.

Law School has overfertilized 2L Brian Knight's cranial hormones, but Megan Kelly (3L), Brenda Lynch (2L) Due to a shortage of tables, Ted (2L) pressed into emergency and Megan Skelton' (2L) think the tree is cute. service by 2Ls Jason Van Pelt (L) and Mike COI (R). THE AMIcus CuRIAE Monday, Janwuy 24,1994 16

Monday, Jan. 24 Tuesday, Feb. 1 • Welcome Back!!! • Concert Series: "Madame Butterfly," New York City Opera National • Exhibition: "Malcolm X: Man, Ideal and Icon," Valentine's Museum Company, Phi Beta Kappa Memorial Hall, 8 p.m. through March 15. • Frankly, my dear, I don't give a damn! Happy Birthday to Clark • Exhibition: "American Drawing Biennial IV," Muscarelle Museum Gable (1901) through March 6. · National Freedom Day: 13th Amendment to the U.S. Constitution • Happy Birthday: John Belushi, comedian (1949). ratified (1865) • This Bud's for you! First beer in cans sold (1935). Wednesday, Feb. 2 Tuesday, Jan. 25 Thought for Today: "I am a human being. Nothing human can be • Amicus Curiae Meeting: 6 p.m., Paul's Deli alien to me." • Happy Birthday: Virginia Woolf, author, playwright SBA Lunch with the Dean: Attendees' names posted on SBA Corozon Aquino, president of the Philipines Bulletin Board. Bring your own beverage. Yearbook Portraits: Photographers available for law school portraits, Wednesday, Jan. 26 Room 120, 3 p.m. - 6 p.m. $5.00 sitting fee. If you cannot have your · Music: The Julliard String Quartet, sponsored by the Charles Center picture taken at this time, the yearbook staffis also taking pictures Feb. as part ofthe 1993-94 Cohen Forum, Phi Beta Kappa Memorial Hall, 2 - 4, 10 a.m. to 6 p.m. in the Colonial Echo Office, located in the 8 p.m. Tickets will be reserved for faculty, staff and students who basement of the Campus Center. For more information, call 221- request them. Any remaining tickets will be distributed on first-come, 3317. first-serve basis at the PBK box office beginning Monday, Jan. 24. • But not for long! Lie detector first used in court, Portage, WI (1935) • Men's Basketball: vs. George Mason University, W&M Hall, 7:30 p.m. Thursday, Feb. 3 • Happy Birthday: Douglas MacArthur, General. US. Army (1880) • Thought for Today: "Believe in the now; yesterday is past recall and Those Were the Days! US. income tax repealed (1871) tomorrow may never come." • Happy Birthday: Elizabeth Blackwell, first woman to earn an M.D. Thursday, Jan. 27 from a US. medical school (1821) • S.B.A. Election: Special election for office of Vice President, M-W lobby, 9 a.m. to 5 p.m. Friday, Feb. 4 • Town & Gown Luncheon: "Political Eloquence in 18th-Century . Music: Ashford and Simpson, Virginia State University, Daniel's Britain," Adam Potkay, Assistant Professor of English, Campus Gymnasium, 8 p.m., Free. Center Ballroom, 12:15 p.m. Symposium: "The Clinton Administration--The One-Year Report • Music: Marshall Crenshaw, Flood Zone Card," University Center, the James Room. 2: 15 - 3:30 p.m. • Happy Birthday: Wolfgang Amadeus Mozart (1756) • Symposium: "Have We Heard the Last of the Savings and Loan Crisis?" University Center, the York Room. 2:15 - 3:30 p.m. Friday, Jan. 28 • Symposium: "Piecemeal Environmental Policy Making--Is There a • Field Trip: International Law Society field trip to Washington, D.C. Better Way?" University Center, the James Room. 3:45 - 5:00 p.m. • Symposium: "Peace-making or Peace-keeping: Whose Job--U.N. or Saturday, Jan. 29 U. S.?" University Center, the York Room. 3:45 - 5: 00 p.m. • Music: Boy 0 Boy, Flood Zone • Exhibition: Opening Reception for "Recent Acquisitions in Special • Pro Bono: SBA Work-A-Day Program with housing.partnerships. Collections," Zollinger Museum, Earl Gregg Swem Library, 4:00 - Sign up at SBA Office. 5:00 p.m. Exhibition runs through April 30. • Hello, My Little Chickadee! Happy Birthday to Claude William Dukerfield a.k.a. W.C. Fields (1880) Saturday, Feb. 5 • Charter Day 1994: William & Mary Hall, 10 a.m. Margret Thatcher Sunday, Jan. 30 to speak. Tickets required. Call 221-3868 for information about how • Film: "Glories of Medieval Art" Muscarelle Museum, 3 p.m. to obtain tickets. • Music: Muscarelle Players, Muscarelle Museum, 4 p.m. • Women's Basketball: vs. George Mason, W&M Hall, 2 p.m. Sunday, Feb. 6 • Exhibit: African-American art exhibit kick-off and open house, VA Monday, Jan. 31 Museum of Fine Arts · Film: "Glories of Medieval" Muscarelle Museum, 3 p.m. • Art Workshop: Receive instruction in crosshatch drawing. First in • Concert Series: "Madame Butterfly," New York City Opera National a series ofscheduled adult workshops in "Techniques ofthe Masters." Company, Phi Beta Kappa Memorial Hall, 8 p.m. $ 8.00 fee, materials included. Muscarelle Museum, 12: 3 0 - 3: 3 0 p. m. • Exhibit: "Sherlock Holmes," Swem Library through Jan. 31. Call 221-2703 to reserve a place in the class. '. ;--.):, . :'f' . :", , Ple~e submit your entries for the Amic.us Events Calendar to Daryls. Taylor (iL) ot theA~- ii:u,~ Curjaehan~g ·W.~ ~ : ~ritries !':

:.m.aY include activities sponsored by.law s.choolorgaruzationSlI COIDmimity eventS of m.~er~suqM~\V stuqerits; ! iWJ~~(~b6U.t l :; :ahything else that y01J:can think ot:. ' . ...., .., ,: ...','", r'" ".Jt:r!:;.;;" "";'::,:;,:?~:' Monday, January 24,1994 THE AMIrus CURIAE 17 posed budget would be a double whammy in Vrrginia government are a number of WHAM, from page 1 to law students because they would be PRo.MOTION, from page 4 Felton's former students. He said that paying more money for less of a law most of them continue to address him GPAs. school. College. He also noted that the current deferentially as "Professor Felton." One · A less diverse student body because The only institutions that would ben­ legislature is composed of a number of of them, however, good-naturedly fewer minorities and rural candidates efit from the proposal would be banks that W&M and M-W alumni, so he was not subjected him to some Socratic-method would apply if the tuition is increased. fund student loans. overlyconcemed that the school would be questioning during a public hearing "in · Possible impacts on the dean search. Marcus said he is not sure what pro­ subjected to draconian budget cuts. - retaliation for treatment he received in Marcus noted that finalist Krattenmaker grams or costs the law school would elimi­ Among the alumni currently working class." of Georgetown University has already nate ifit has to meet Wilder's proposed 10 questioned the administration on the percent reduction, but he said the admin­ I felt slightly disappointed in the possible effects of the proposed cuts. istration is required to come up with a plan FOOD, from page 13 service. Our waiter showed us little · Reduced money for recruiting and for doing it. Under Wilder's proposal, the attention and seemed surprised that our fundraising to cover costs such as mail­ law school would have to trim 1.5 percent underseasoned. It was, however, a drinks would not stay full without his outs, phones, stationery and copying. from the budget next year, and another 8.5 generous portion, juicy and cooked to a help. But he was helpful in ordering, Despite such dire news, Marcus said percent the year after. Marcus did not say perfect doneness as she ordered it. particularly with dessert. he hopes the General Assembly-now whether faculty numbers or pay would be Overall, the food met all of our He suggested a light tort with working with newly elected Go" . George cut under the proposal. expectations and combined with the alternating layers of mousse, cake and Allen-will amend Wilder's proposal and Wilder's proposed budget is "particu­ tranquil dining environment, I felt we cream. We split one and it crowned the restore full law school funding. larly irksome," Marcus said, because some got our money's worth. lunch perfectly. We debated devouring "1 cannot believe [Wilder' s budget other state colleges-osuch as James Madi­ AJong with lunch I ordered a Seasons another and I still strain to think of a proposal] will stand. Maybe that's my son University--\\'ul actually see increases Lager. Apparently brewed locally, the reason why we didn't. usual Pollyanna-ish view of the world," in their total budgets under the plan. beer is amber with a light body and hoppy If you enjoy any of the restaurants in Marcus said. He noted that College William and Mary and the University of taste. It suffered from a mild chill haze the style of Cheers, Ruby Tuesday or President Tim Sullivan and newly hired Virginia are hardest hit by Wilder's pro­ which distracted from its presentation Bennigans, Seasons will satisfy you .. Even Vice President for Public Affairs Stewart posal, Marcus said, with the law schools but not at all from its drinkability. I for lunch on a Monday there was a short H. Grarnage are both walking the aisles being singled out for least-favorite treat­ would on another occasion be tempted to wait for non-smoking seating, so 1 would of the General Assembly to lobby for the ment. waste an afternoon sipping beer and consider calling ahead, especially during school. Other state-supported colleges will also munching on appetizers in their lounge. tourist season. S till, Marcus said it is anyone's guess see budget cuts and tuition hikes, but not whether the proposed cuts and tuition to the extent proposed for the law schools rabbinical judge freed Yehi Eliahu, 81 , hikes will stand. Similar draconian bud­ atW&MandUVA. W&M'sundergradu­ LAW WATeD, from page 5 jailed in 1962 for denying his wife a get cuts and tuition hikes are called for at ate students would pay 5 percent more in divorce, as he is now too senile to consent. the University of Virginia's law school. tuition next year under the proposal, and of speech, the Seventh Circuit said. (Law Jewish divorce law requires the husband's Professor Peter AJces said the pro- 4 percent more the year after. Week). consent, so rabbis may jail him until he TAX FAIRNESS: New Jersey took over agrees. (London Times). county court funding to reduce property FORKLIFT APPLIED: A supervisor's taxes and spread costs fairly. (National grab, stroke, and forced kiss were not Law Journal). harassment under the recent Forklift case DOWN WITH CURBS: Repaving as they were not frequent or serious enough streets triggers a duty to install curb ramps to create a hostile work environment, the under the Americans with Disabilities Seventh Circuit held. The man stopped The Music Act, the Third Circuit said. (Law Week). after two refusals, and was transferred. PRIVATIZED PROSECUTORS: Pub­ (Law Week). lic prosecutors may not appear in courts RETRIBUTION: A Houston federal of record, but must hire private barristers, judge made Miriam Willis pay $3 million Britain's senior judges said. The Crown damages for her false suit for sex harass­ Prosecution Service is so bureaucratic ment. (National Law Journal). that critics say re-privatizing all prosecu­ ABA "CARTEL": The Massachusetts Place tion would halve costs and restore ethics School of Law brought an antitrust suit, and responsibility. "We are bombarded calling the ABA's accrediting system "a with bumf, from headquarters," said one cartel that dictates" faculty salaries, size, prosecutor. Police and defense lawyers and hours, compels wasteful duplication COInpact Discs Tapes say CPS often drops cases it couldn't lose. in libraries, and inflates tuition. A rival (London Times). school's dean firebombed MSL' s library Movie Rentals PRISONER OF LOVE: A Jerusalem in 1989. (National Law Journal). (jlictures are.now being scheduled tor

We Buy & Sell Used CD's \lCbe ~olonial . QErbo vtl-CW funds are used to create thiS .

THE yearbook and 16 pages of the Colonialecko wiLL be dedicated to the law school so don't be left out! Sittings will be held between 3 BAND BOX and 6 p.rn. 3eb. 2 in ~oom 120. .Jldditionnl sessions a 11O.ilabte 1 Da.rn. - 6p.m. [feb 2-4 in the Campus Center basement $ 5 sitting 517 Prince George St. 229-8974 fee. THE AMIcus Cu1uAE Spo~s Monday, Janwuy 24,1994 18

A Duck Out of Water Media figure afraid to discuss Harding, NFL playoffs By ALAN DUCKWORm deserve to be the champions. least temporarily, the ACC's Malone is not in the top 10 in up a notch and leads the league Well, welcome back to Forget the head-ta-head match- claim to be the best football forwards in the West, a list which in scoring. He also, however, school. I hope everyone had a up tiebreaker. That system is conference. Thisdespitethefact includes Antione Carr, who has leads the NBA in flagrant fouls Merry Christmas. A New Year only used in the No Fun League, that FSU deservedly won the missed most ofthe season due to and is half way to being has dawned, but the sports not in the National Council National Title. They won the injuries. suspended due to his action. remain the same. I am going to Against Athletes. And this title because they won the Orange At Western Conference When O'Neal learns to channel hold discussing the attack on ignores important issues like Bowl. However, they, like every Center, David Robinson, who is his youthful exuberance into Nancy Kerrigan until more facts strength of schedule, which is ACCtearn in a bowl game, failed second in the NBA in scoring is more positive directions, he will have been released or until Tonya clearly an FSU advantage, as to cover the spread. Not only sixth in voting, over 55,000 votes come very close to fulfilling the Harding is arrested since my well as the Boston College loss. that, but every single ACC team behind number 2, Chris Webber, promise he should have last year. sources in the Detroit Police have Losing late in the season at home was outperformed by their and also trailing such Hopefully, this change will occur been no use in getting the inside to a good, but not great team opponents. Even the two teams "perennially All-Stars" as Oliver as he matures (he is only 21) and track on the story. Now, on to almost always destroys any that won, FSU and Clemson, Miller, Dikembe Mutombo, and gets more experience. subjects in which I am well national title hopes. Texas A&M won close games at the end after Vlade Divac. The guard vote in BASEBALL: versed. finished off the title hopes by being beaten for almost the eritire the West is a little cIoserto reality, I couldn't let Jordan's latest COLLEGE FOOTBALL: making the game close. Notre game. As for the three losers but any tabulation which has publicity stunt pass without The season is over, but I have Dame's bowl victory was as (Virginia, UNC, NC State), all Dan Majerletwo spaces ahead of comment. For those who don't to get my parting shots in the unimpressive as FSU, but FSU three teams were completely John Stockton is suspect. read the sports section or have mix. First, to Notre Dame, get played a better opponent. FSU handled by their opposition. The The Eastern Conference is been in a box for the last few over it. Show some class, Lou got what it deserved, the National ACC football teams have made even worse. Again, the guard weeks, Jordan is planning on Holtz. When number 2 beats Title. great strides in the last five years, voting is the best, with two trying out for the White Sox. number 1 in a bowl game, they This season should end, at but the conference still lacks the quality players leading the way The man who retired from the annual consistency to be a great in Kenny Anderson and B.J. NBA so he could try and step out conference. Armstrong. However, players ofthe media spotlight is stirring COLLEGE BASKETBALL: like Mark Price, Joe Dumars, up the press once again. When Who' s number l? That's the andMookie Blaylock are as good he retired, I thought maybe, just question in this crazy season. if not better, yet they ballot out at maybe, he was being sincere and No team has emerged yet as a seventh, eighth, and fifth he genuinely wanted his life to dominant team. Team after team respectively. At center, while become as normal as it could be. is named number 1, only to O'Nealdeserved1y leads the way, Well, Michael tricked a lot of promptly lose. North Carolina Patrick Ewing ranks fifth. E~g us. Now, I am convinced that as has done it twice. The latest doesn't rank fifth in centers in soon as his other avenues for victim is Kansas. The top of the the entire world, much less in satisfying his ego are completed, polls has been like an albatross the Eastern Conference. At he will return to the NBA. The aroundteams' necks. Ina season forward, Derrick Coleman, only sure thing is that he will not like this, we should be grateful master of the big mouth, leads play this season, since every that the polls mean very little the way. Scottie Pippen and single team president would have and the champion will be Dominique Wilkins, who rank to vote to allow him to unretire determined in the tournament at sixth and eighth in the voting, this year and far too many teams the end of the yeat. are both having superior years. think they have a shot at the title PRO BASKETBALL: Until the system is changed, the to allow Michael back. Look for It is time to take All-Star All-Star game will not include him to return next season, when balloting out of the hands of the the level of players that it should Horace Grant l.::aves. fans. The problem is that the and could. PRO FOOTBALL: voting helps make any flavor-of­ This has been a banner year With the play-offs upon us, I the-month player or hyped rookie for Shaquille O'Neal. When will re.serve comment until later. a contender to start. To get an most people, myself included, Anything I say wouldbe outdated idea of how that is playing out criticized him for not spending by the time this is printed. So I Take a study break! this season, you need only look the summer working to improve will see you next issue. at the current balloting. Karl his game, he~turnedhis game Call Domino;s, relax and enjoy. 229-8885 220-3770 Serving William & Mary Serving Colonial Williamsburg :.------~------~ Sub Meal : Lunch Special: : $599 : $699 : THE CORMER I ~-:-:-::-:-:-=-=-:-:-=:-::--:-=::~ I I I GET YOUR FAVORITE 12" SUB, I ORDER A MEDIUM 1 TOPPING I 6 POCKET 6 A BAG OF CHI PS AN D A PIZZA AND 2 SERVINGS OF I I SERVING OF COKE OR DIET I COKES OR DIET COKES I COKE 1 ___Otfe_ '_Ya_lid_,_, _a._m_--,,-,-p_.m_. --I I I Monday, January 24,1994 THE AMIaJs CuRrAE 19 Amicus computer-like rankings . Chill, Black Letter Law take titles an.d earn cool nicknames By BILL MADIGAN we last tuned in to indoor soccer, 3L's on Feb. 2 and 3), wallyball, outdoor soccer, Who knows, you too may get a cool M-W BASKETBALL CHAMPION­ Chill were vying for their second straight sand volleyball, and softball. Entry fees nickname. SHIP ... In a game more notable for the men's title. But alas, the dark cloud of for regular team sports are $20 per team, PLEA TO TEAM CAPTAINS . . . complaining than the scoring, Black Let­ exams obscured our vision and weighed and for tournaments the cost is $5 per Team captains and participants are ter Law captured the basketball crown heavy upon our souls, and the team. Individual sports for the spring are strongly encouraged to let me know how from DelklPlatnick Sucks, 50-42. De­ championship game came and went while racquetball (entries open on Jan. 26), a they or their teams are doing against spite the physical, foul-plagued nature of we stared obliviously at outlines and flash swim meet, 3-point shooting, wrestling, those spry, young undergrads. Studies the contest, there were a few highlights, cards. Chill, undaunted ' by the a track meet, and golf Individual entry have shown a direct correlation between including a rare appearance by a Pulitzer indifference, brought home the trophy, fees are $2 per person (except for golf, the amount of information provided by Prize winning sports journalist. stinging Sigma Nu. 6-5. Leading the foot which requires green fees). With all team captains and the height of the team Delk Sucks took an early lead, shutting brigade were Scott Greco "Roman." the these different sports going on, nobody's in the ever-important polls. All you have out Black Letter Law for the first several architect of the winning goal, Dave got an excuse to sit home and watch to do is jot down the score, the names of minutes of the game. Leading the charge Pfefferkorn "On The Cob," and Pete "Saved By The Bell" reruns. So, get off key players, and any other highlights you were the Baseline Bomber, William "Raising" Kane. Over their three year your ever-widening butts and get involved. feel are deserving of coverage. "Mary" Harper, the lL Slayer, Jim "The life, Chill was 22-2 (16-0 in the last two Oont forget the neKt meeting of the . Life Of' O'Brien, and King Scrub, Brian seasons) and the winner oftwo consecutive '. . -, . "Damage" Platnick. By midway through Men's A crowns. Another repeater was a the first half, Delk Sucks had dished out mixed law schoo11MB A co-ed team Rmicus'Curiac' ' :' . a double digit disparity, setting the stage featuring "Frosted" Blake Guy and Jay for their dramatic second half choke. "Green Eggs And" Hambrick. Tuesda9... Jon. 11; at 6:~6 p.m~ , : . Despite the initial setback, Black Letter SPRING PREVIEW . .. Soon we will refused to give up the ghost, and thundered begin another titillating season of atPaurs . back to take the lead by intermission. intramural sports. First on tap is 5X5 They mercilessly pounded the boards, basketball. After a punishing law school getting more second chances than Mark tournament, the M-W teams are all tooled Rypien. Dave "Dim" Whitted and Ivan up to take on those pesky undergrads. .:8ERO .ICSw • •. •• "Nonnan" Bates paced the resurgent While traditionally doing well during the ...... '~y~ ...... Black Letter. Early in the second half, regular season, the M-W teams tend to they added to their advantage, building sputter out of the playoffs at an early an II-point lead while Sucks languished stage. However, there is reason for hope. in a shooting Ice Age. Black Letter Law, fresh from their Inspired by some strong stands on the championship victory, looks to challenge defensive end ofthe floor, Sucks began to for the T-shirts. DeUe Sucks may also get Rest Your Brain thaw late in the second half. From the the opportunity to claim the 1M title for Work Your Body point, Keith "Sub" Marino had Sucks John and George. And, ofcourse, another We Have: believing they could find the inside of the season ofbasketball means another season Workout Rooms • Circuit Training Classes-A rim again. But it was too little too late. As of the always controversial, yet insightful Minute Workout on Hydraulic Resistance the Rec Center stooges began turning off basketball polls. Team captains have Equipment· Jacuzzi and Sauna on Site· the lights, subtly hinting that we were no already begun their public relations Treadmill, Lifecycles, Stairclimber, Rower· Free Weights, Weight Equipment • One-on-One longer welcome, Black Letter sealed it. campaign to lobby for their squad's T .....,inir.lY. Complete Aerobic Program (Step, Lite, Chris Koomey "Bye Y a, My Lord" canned appearance at the top of the polls. Contours, Hi\Lo Impact, Interval, Aqua Fitness) the winningjurnper, a three-pointer which Remember, all cash payments must be in Student Semester Special: $129 would typically be about 19 feet outside small UllIlUUked bills, non-consecutive Expires January 30, 1994 his range. Quoth the Koomey, "All I serial numbers, please. 220-0556 wanted was an end to the whining." Other team sports on tap for the spring Williamsburg Shopping Center toW&M Bus UNFINISHED BUSINESS ... When are floor hockey (entries will be accepted SUMMER LAW STUDY. In Dublin London Mexico Oxford Paris Russia-Poland San Diego FOREIGN LAW PROGRAMS SCHOOL OF LAW UNIVERSITY OF SAN DIEGO 5998 Alcala Park San Diego CA 92110-2492 t ~® C1ni~r$ity of ~ ~go 110 S. Henry St. 253-2206 20 ======Monday, January 24,1994 THE AMIcus CtnuAE Chief Justice David Hopkins definition temporary," Hopkins tions. That's how it should be." SHORT from page 1 (3L) expressed satisfaction with said Effect on Code revisions REVEALED from page 1 the work of the trial panel and Asked whether the Dean's Hopkins said the Council had sony for the problems this has said he thought Marcus' deci­ decision subrogates student in­ "learned some lessons" from last vious conviction for making an caused-for the Dean, the school, sion was supportable. volvement in Honor Code adju­ semester's events, and the Revi­ obscene telephone call was 30 the students and the SBA 1wish "I think the trial panel and dications, Hopkins noted that the sion Subcommittee will be meet­ days in jail, with 29 days sus­ it would have never happened. the Dean took their responsibili­ Dean could not have taken the ing again in the next couple of pended contingent upon six Needless to say, I've learned ties very seriously and came up action had the Council not found weeks to determine a course of months participation in the Co­ many things from these circum­ with two different, yet reason­ Short guilty. He also speculated action. He plans for the Council lonial Community Diversion stances," he said able, positions," Hopkins said. that Marcus may have expelled to draft a revised Code this se­ Incentive (CD!) Program, 40 Short also expressed grati­ Hopkins addressed what he Short altogether if not for the mester. He said more public hours ofcommunity service, and tude to the student body for its perceived as students' concerns Council's recommendation. hearings may be necessary in payment ofa S 1()() fine and court support. "I've received lots of with the outcome ofthe trial. He "I think it is clear that the that process. costs ofS124. calls and letters from people and said some students may think Dean did show significant defer­ Marcus said he hoped the The CD! program is de­ everybody has been very sup­ the trial panel's recommended ence to the student perspective students involved in the Code scribed as a community based portive and says they're anxious sanction was too lenient. But he as represented by the five mem­ revisions would consider other alternative to incarceration for me to come back to felt the notation on Short's per­ bers of the trial panel," Hopkins schools' systems. "There are which provides treatment and Williamsburg. 1 reallyappreci­ manent academic record was the said. some very broad questions in­ rehabilitation services to offend- ate everyone's support. It means heart of the punishment. "People have all different volved: Should we have [an ers who need more than proba­ a lot to me, and it's given me a "It seems to me that this no­ views ofwhat action should have Honor Code] at all? What should tion supervision, but less than chance to see a different side of a tation, which the Accused will been taken, but the one undeni­ the relationship between the fac­ incarceration. A letter from CDI lot of people. You would be carry with him throughout his able lesson here is that the sys­ ulty and students be?" But, he officials included in court files surprised at the number ofpeople career, is the most significant tem works and that, though it's said, "We are not reinventing alleges that Spady failed to main­ who have taken the time to say element ofany punishment avail­ not absolute control, students the wheel," and other schools tain contact with his CD! super­ something to me," Short said able to be imposed. A suspen­ have a very significant role in have faced these questions be­ visor and has $224 outstanding ''I'm an.xious to get back and see sion, on the other hand, is by the adjudication ofhonor.infrac- fore. from his fine and court costs. everybody. I really miss being a part of the law school." In the Matter ofKyle Short Honor System defended [OnNov.29.1993.ActingDean . not part ofthe record, 1have not be imposed. the fall semester, 1994. 1 will While not able to comment Paul Marcus issued the follow­ considered them in any review While"mindfuloftheHonor grant such a petition if 1 am on the case itself because of the ing opinion upholding the Ju­ of this matter. Code's student-run nature and convinced that: confidentiality requirement, dicial Council's determination The procedures call for bi­ dependency on student sup- a. [The student] ac­ Marcus and Chief Justice David ofgui It and overturning its rec­ furcation of the proceedings if port," 1am not willing to accept knowledges, privately and pu~ Hopkins (3L) defended M-W's ommended sanction. The en- possible, and my review is split public reprimand as the appro- licly, the seriousness of the of­ Honor System as one that en­ tire opinion is reprinted here in between the guilt determina­ priate sanction and do not be- fense for which [the student] sures fairness. compliance with Section 5.41 tion and the sanction. Jieve that the weight of the evi- has been found guilty; and Marcus said that the high of The Honor Code. The Guilt Detennination dence supports sucha sanction. b. [The student] demon­ standard of review by the Dean -Eds.] [The student] was charged In reaching this conclusion I stratesthat[student] is prepared and his distance from the parties "'ith intentionally lying to Col- consider the substantial nature to meet the high standards of involved are built-in protections Charges were brought legeofficialsinconnection with of the offense shown, [the integrity and honesty expected in the Honor Code that ensure against [a student] at the School seeking funds under the finan­ student's] state of mind and of students of the Marshall­ impartiality. of Law for lying with thedelib- cial aid process. The Board other appropflate matters in- Wythe Scbooi"ofLaw, Asked how his decision to erate intentto mislead another. found beyond a reasonable cluding the integrity of this 4. A notation reflectingtliis impose a harsher sanction than The matter was adjudicated doubt, as indicated in its report, Honor Code process and the action shall be placed on 1the' that recommended by the Coun­ through the appropriate pro- that. [~e student] lied to the· Marshall-Wythe SchoolofLaw. student's] offiCial transcript . cil affects the integrity of the cess by the Judicial Council. officials and the.[the student]· The Honor Code properly . This opinion [identifyiiig' Honor System, Marcus said, "I On November II, 1993 a sane.. did so "with the deliberate in­ demands that students meet the stude~] shall not bemade~, can understand theargwnent that tion of a public reprimand was tent to mislead" I determine ' highest standards of honesty ·.... licandshallonlybedjstributed it weakens the system because it brought forth by a Trial Panel. that the clear weight of the evi-' .and· trutlifulneSs. The COOe. to'those, fudividualSnecessarl really should be student oper­ The process, findings, arid sanc~ dence SUPPOrts this finding and'. states th3t we mUSt "accePt no ' to' theitnplenientatiori of,tli~ ~ ated. On the other hand, some­ tion are contained in the Trial I accept.it and affirm it compromise and allow no ac- scii1ctiOIt imposedt fucludfug" one not intimately involved with Panel Opinion Letter. The Seinction ·· _ .tionby any student to weaken:. [the student]. 'Proy6St Gillia:n' ~ the problem may be better able to I have spent considerable -' The Boan! concluded thaf thecOmmunityoftrusL" lfind C~ll, : PresidentTiniofh~i remain impartial." time reviewing the written theappropriatesanctionfor[the thatilieoverwhelming evidence -, Sullivan, Deans Jayne Bartllltd,. He said he felt that the pur­ recordinthlsmatteralougwith . strident] isa pubJicieprliriand. presented here dictateS' that a andCOnnleGalloway,and(theJ pose of the Code provisions in the audio tapes ofthe testimony I disagree and specifically find greater sanction- be imposed,. . Acting ChiefJustice. Distnoo":, requiring an automatic appeal to and argument in conDection . that such a sanction is against one that .''underscOres ~ vital . tion beYond thiS grouP .to the' the Dean was to ensure a "fresh with the proCess. Before turn- the great weight ofthe evidence: importance of the community ' students wboproS,eCuted ' and look" at the record by a person ing to my conclusions, I layout I begin with the proposition of trust" which has been defended this case; the ' mem~ : detached from the proceedings. two factors. First, while [the that the charge proved here, breached by [the stUdent), bers of the Trial Board and t~ ; Marcus likened the proce­ student) . . . is involved in a beyond a reasonable doubt, is I therefore impose the fol- the'appropriate Financial Aid dure to a court of appeals in number of activities, I believe extremely serious, intentionally lowing sanction: officials will be alloWed if the reviewing a sentence. He noted such involvement does not im- lying to College officials, ulti­ 1. [The student] will beal,. Actin8ChiefJusticeandDeans that while an appeals court has pose a higher standard of oon- mately, for financial gain. The lowed to complete this semes- Barnard arid Gallowaycon~ only the written record before it, duct under the facts of this case Honor Code states that there is ter including all exams, papers elude that such distribution is he had the advantage of audio and therefore I do not heighten a presumption of permanent and other.course assignments. consistent .with the intent and tapes. "I spent a lot of time the standard Second, [the stu- dismissal which can be over­ 2. [The student] will nOt be spirit of the Confidentiality re.: listening and relistening to the dent] had several conversations come by clear and convincing allowed to enroll as a student quirements ofthe Honor code. tapes to try to get a sense of the with members ofthe law school evidence ofcompelling circum­ next semester and cannot par- I direct Deans Barnard and witnesses," he said. administration which were out-stances. I have decided that the ticipate asa student in any '. Galloway to distributethis opm­ Marcus noted that public side the record of this case, Trial Panel's determination of Marshall-Wythe activities in- . ion arid to take stepsto put this cases like Short's and Kevin relating to the process (with clear and convincing evidence cluding graduation or other sanction into place as quickly Kroner's ('93) are quite rare in Deans Barnard and Galloway) ofcompelling circumstances is commencement ceremonies. as possible. the school's history. But for ~ to other matters (",;th Dean against the great weight of the 3. [The student] may ~- . secret proceedings, he said it Barnard and with me). Be- evidence. Still, 1 show defer­ tio~ between February 1; 1994 "':Paul Marcus, was not unusual for the Dean to cause they do not relate to the ence to the Panel and bold that and March 1, I 994 for readmit­ ~ctingDean change the sanction, and typi­ charges involved here and are per.manent dismissal should not tance to the School of Law for 11129/93 cally it was made more severe.