2017 & 2018 ABA Law Student Division Best Newspaper Award-Winner
Virginia Law Weekly 70 1948 - 2018 A Look Softball Tournament ...... 1 Inside: Roem Keynotes Lamda Event...... 2 GO TO CLEVELAND...... 3 Confirmation Stories: “Ike’s Mistake”...... 4
Wednesday, 17 October 2018 The Newspaper of the University of Virginia School of Law Since 1948 Volume 71, Number 7 President around north “Porpoises” Whale grounds Ryan Dishes Thumbs up to all the professors Goals, who didn’t cancel on Competition Thursday and Fri- day classes during Fall Break. Bagels with While ANG skips 80% of all classes per ABA guidelines, Law Weekly ANG is glad to see ANG’s M. Eleanor Schmalzl ‘20 gunner classmates have fol- Executive Editor lowed ANG’s lead and stayed on vacation instead of pre- The Law Weekly spoke with tending to care about “educa- President James E. Ryan ’92 tion” and “learning.” about his goals for UVA, his love for Charlottesville, and his Thumbs down to favorite bagel. the horde of fratty law students at the Among the myriad op- event of the season tions you had, what led you (aka WWE Smackdown Live to become a law professor @ JPJ). ANG thought ANG and then a university ad- had finally found a safe space ministrator? to avoid all the bros of UVA Law, only to find the event of I know from experience that the season overwhelmed by education transforms lives, and them. working to expand educational opportunities for others has Thumbs side- been the guiding principle and ways to SBA trying aim of my professional life. It’s to ban Chick-fil-A why I taught and studied law Members of the victorious Habeas Porpoise warm up. Photos Kolleen Gladden, ‘21 / Virginia Law Weekly from its events. At and education and the different first, ANG was outraged at ways that law structures edu- M. Eleanor Schmalzl ‘20 to secure the number-one seed fun than all of their peers who this blatant overreach of the cational opportunity, it’s why I Executive Editor despite their overall lacking per- chose to spend the day in the meaningless government. went to Harvard to become the formance at Dandelion. Going library.” Head Ump Carly Crist Then, ANG realized ANG was dean of their education school, Despite the weather’s best ef- undefeated leading up to this echoed Swann, remarking that not planning on attending and it’s why I returned to be- forts, the 1L tournament came past Sunday, the team came in the overall talent of the 1L class SBA events anyway. come president of the Univer- and went this past weekend on ready to fight for ultimate vic- made for a fun day of softball. sity of Virginia. Simply put, I the soggy diamond known as tory. However, Section H was Kicking off the day at 9 a.m. Thumbs up to care about making a difference Copeley Field. While Stephen not the only team competing was #7 Justice RBIs vs. #10 C’s the birds in Gilbert, in the world, and I believe law and Desist, with Section J se- Minnesota who and education offer some of the curing the W with a 14–7 vic- caused havoc after best ways to do that. tory. After their victory, Section becoming drunk off ferment- J members enjoyed a few cold ed fruit. ANG believes this You clerked for Chief Jus- ones as they prepared for the bird is ANG’s ‘spirit animal.’ tice Rehnquist after gradu- foul language and taunting they ating. What advice do you feared they’d endure from the Thumbs down have for students thinking #2 F Bombers in their upcom- to Polish President about clerking? Did you en- ing 12 p.m. game. At 10 a.m., #6 Andrez Duda’s joy the experience? Rip’s RAngers1 faced #11 Good open-ended invite For students thinking about Not Great, with the latter living for a “Fort Trump” in Po- clerking, I would strong[ly] en- up to their reputation of being land. Even ANG knows that courage them to pursue the op- good but not, well, great. Sec- doesn’t have nearly the req- portunity. They are terrific jobs tion A, with a first baseman who uisite number of consonants and ones that you can really only does not use a glove, advanced to survive Eastern Europe. do shortly after graduation. by a score of 15–8, ready to chal- lenge the #3 Legal-E’s at 1 p.m. Thumbs up to One of our editors had in the afternoon. First round all these spooky an article you wrote with of play finished up with #8 Be- portrait paintings Professor Jeffries assigned yond A Reasonable Out defeat- of old white men! for thier Religious Liber- ing #9 Bam’s I’s 12–5, with the ANG didn’t know we were ties class. Do you have time #1 seeded Habeas Porpoise as already decorating for Hal- these days to focus on your their next opponent in the late loween. legal scholarship? Anything afternoon 3 p.m. time slot. interesting you’re working After no upsets in the first Thumbs down to on? round of play, the former favor- Ivy Gardens’ new Sadly, I don’t have much ites in the first round prepared practice of unlock- time to pursue serious academic to fight an uphill battle as they ing residents’ doors writing, which for me requires went into second round against and leaving them ajar to let sustained periods for research, the well-rested, top-seeded urgently completed painting thinking, and writing. As for teams. Justice RBIs fought but dry. At least give ANG some working on something interest- ultimately fell to the F Bombers advance warning so ANG can ing, my day job is actually pretty with a final score of 15–6, bring- arrange to stay home and interesting at the moment! The Law Weekly’s camera catches another Porpoise. Photo Kolleen Gladden ‘21 ing Section F forward to secure watch the paint dry. T. Parr tried to drown the over- for that prized trophy. Accord- a semi-final position. Rip’s What’s the biggest chal- eager 1Ls with more rain dur- ing to Brooke Swann ’20, NGSL RAngers managed the first up- SPOTTED: Fa- lenge facing you as UVA’s ing the 10 a.m. game, his efforts member and overall badass set of the day at 1 p.m., defeat- mous 1L Contracts ninth president? were ultimately futile as the at all things but especially all ing the Legal E’s by a narrow professor purchas- I don’t know if there’s a single teams began the day of “friend- things softball, every team had 13–10 margin and lots of chants ing their Halloween biggest challenge or a series of ly” competition. After several some standout talent. Swann about “friendship.” Section A’s outfit early. Now that “Sexy them. UVA has accomplished weeks of regular season play remarked that clutch hits and victory secured their spot in the Scooby Doo” is taken, ANG a great deal already, but we also during which the 1Ls (and only major defensive plays carried needs to go back to the draw- have the potential to accomplish the 1Ls) managed to play on wet some teams through games, 1 GO SECTION A!!! ing board. XOXO, Gossip turf and the occasional muddy and the 1Ls who participated SOFTBALL page 3 ANG. RYAN page 2 Copeley, Section H managed and supported “had way more 2 Columns VIRGINIA LAW WEEKLY Wednesday, 17 October 2018 RYAN continued from page 1 convinced me that coming back was the right thing to do. What was your favorite even more and define what a Since coming back, I’ve been thing about the Law School public university should look both humbled and incredibly during your time as a stu- like 12 or 15 years from now. impressed by the people who dent? As a professor? For example, we should look have endured so much pain and It was the same for both: the for ways to become even more yet have also found the strength people and the sense of com- accessible to anyone who is to move forward. munity. The law school attracts qualified to study here, regard- remarkably talented people who less of their economic circum- Students and community are not only smart, hard-work- stance. We should find more members have criticized ing, and ambitious, but who are ways to work together across the University and Charlot- also humane, grounded, and de- schools and disciplines to solve tesville for the heavy police cent. some of our biggest challenges. presence on the one-year And we should focus on building anniversary of the 2017 ral- Is there something you stronger relationships with sur- lies that seemingly targeted wish you’d known as a law rounding communities and be- counter-protesters. What student or advice you have ing of even greater service to the led to the University’s ac- for the current UVA law Commonwealth and beyond. tions on the one-year anni- students as they go through The common thread here is versary? law school and enter the the need to live out our values Uncertainty. Leading up to workforce upon gradua- and close the gap between our the anniversary, we didn’t know tion? aspirations for the University how many people would come Instead of thinking about and our everyday realities. I see to Charlottesville, whether they what you want to be, think about that as our biggest challenge and intended to do harm, and even what you want to do and the dif- greatest opportunity. where they planned to show up. ference you want to make in the President James E. Ryan ‘92. Photo courtesy Harvard Magazine. As a result, we had to prepare for world. If you focus on the work, What do you see as the versity. was here in the early 1990s, but every possible situation. While I the rest will take care of itself. role of lawyers in today’s I think one of the most profound realize some people thought the society? When can the students changes—and the one that police presence was excessive Favorite restaurant in My father never attended col- of the Law School expect to makes me the most hopeful—is or at least worrisome, in a situ- Charlottesville? lege, but he made sure to im- see you on North Grounds just how much more diverse we ation with that many unknowns Totally depends on the occa- press on me from a very early for a public event? are. The current first-year class I would make the same choice sion, so I can’t say I have a single age that the highest calling in life I was at the Law School for is the most diverse in UVA his- again. favorite. is to serve others. At its best, law an event with the Ron Brown tory, and I truly believe we are is a form of service—a chance to Scholars not too long ago, and stronger because of it. What led you to come Word on the street is speak for those without a voice I’m sure I’ll be back up there back to UVA after your time you’re a big Bodo’s fan, so and make the system work a bit again soon. It still feels like How did the events of Au- other places? I have to ask: What’s your better for those who need it. home to me. gust 11 and 12 affect you in UVA is home for me. I met Bodo’s order? Cambridge? How has what my wife when we were both stu- Chicken salad on an every- Are you ever going to give Bobby or Teddy? Scalia you’ve seen since coming dent at the Law School, and this thing bagel with horseradish. Professor Jeffries back to or Ginsburg? back to Charlottesville is where our four children spent Trust me, it’s a lot better than it us? Sprngsteen. affected your view of those the bulk of their childhoods sounds. Hah! No. I’m kidding. John events? during my 15 years on the law ---- has agreed to serve for three How has UVA changed I was horrified watching the faculty. I see this very much as [email protected] years, for which I am grateful— since you were a student? events of last year unfold in real an opportunity to serve and to and for which I apologize to all time online. I love this Universi- give back to the University and of you. But he is doing very im- The University is a very dif- ty and I love Charlottesville, and a community that have given so portant work for the entire uni- ferent place than it was when I the events of August 11 and 12 much to me and my family. Del. Danica Roem Gives Keynote at First Ever ELE(Q)T Symposium
On Wednesday, October 3, during that time. For young the ELE(Q)T Project for LG- leaders everywhere, Dean Gol- BTQ Leadership launched uboff said, “Delegate Roem its first symposium: an after- represents hope and opportu- noon-long series of workshops nity.” Christina Luk ‘21 Del. Roem had one central Staff Editor message that night: “Be who you are and be that well, be- and speaker- cause we need you. Your com- panels aimed monwealth needs you.” In her at training and words, there is no picture- empowering perfect candidate for office. young LGBTQ She points to herself as an ex- leaders to run for political of- ample. As a transgender wom- fice. The event was capped by an, a stepmother, and a mini- a keynote address by Virginia mum-wage journalist, Danica Del. Danica Roem, a Demo- Roem does not present the im- crat who sits in the Virginia age of a typical candidate, but House of Delegates represent- her experiences make her a ing the 13th District, which in- unique candidate who brings cludes the City of Manassas unique skills that the legisla- Park, Town of Haymarket, and ture needs. Del. Roem espous- Prince William County por- es the value of playing to one’s tions of Manassas and Gaines- own strengths. She reminded ville. the audience that they can A big shout out to the stu- succeed because of who they dent organizers of this event: are and not in spite of it. Per- Michael Denton, Co-Chair for sonal identity can be a great Fundraising & Lambda Law source of strength. Del. Roem Alliance Liaison; Cody Reeves gestured to herself, a self- ’19, Co-Chair for Fundraising; described Italian woman who Courtney Koelbel ’19, Chair loves to talk and who uses her for Operations; Joe LoPres- own exuberant sense of humor ti ’20, Chair for Marketing; to combat negativity. Her out- Chance McCraw ’21, Chair for goingness, willingness to en- Programming; and Timothy Delegate Roem addresses attendees in Caplin Pavilion. Photo Kolleen Gladden / Virginia Law Weekly. gage, and resilience served her Sensenig ’20, Founder and well during her door-to-door Event Director. for office, up to 58 percent of Following Timothy’s ad- Republican incumbent Bob walking campaign, winning Sensenig opened the event lawyers consider running for dress, Dean Risa Goluboff took Marshall, who held the seat for her the votes she needed to and gave the audience a few office. LGBTQ lawyers are the stage to introduce Del. twenty-five years. Del. Roem win out in her race. statistics to bear in mind: Over therefore well positioned to Roem, who gave the Dean sev- is a thirty-four year old step- The number one key to her 50 percent of all politicians make a big difference because, eral thumbs-ups throughout mom; she’s lived her entire life success? Unwavering focus and presidents are lawyers. even though 10 percent of the her introduction. Del. Roem in her district, and she was a on the issue most important Compared to the 5 percent of population identifies as LG- is the first openly out trans- journalist for the Gainesville to her constituents: fixing the people in the general popula- BTQ, only 0.1% of all elected gender woman to be elected Times for nine years, winning terrible traffic and road condi- tion who think about running offices identify as such. to state legislature, ousting seven Virginia Press Awards ROEM page 6 Wednesday, 17 October 2018 VIRGINIA LAW WEEKLY Features 3 SOFTBALL LAW WEEKLY FEATURE: Organization Spotlight— continued from page 1 UVA Law Rod & Gun Club semi-final against Section F at 4 Each week, the Law Weekly showcases a Law School group in a feature we call “Spotlight.” Our goal is to give leaders a p.m. regular platform to inform readers about their goals and to educate the UVA Law community about their diverse perspectives. If you or your organization would like to be featured, please send an email to [email protected]. On the other side of the bracket, #4 Docket Like It’s If the name didn’t give it look at the list of student or- and give it a shot. We are not shooting events, usually at the Hot2 defeated #5 SoftbaLLMas- away, the Rod & Gun Club at ganizations at UVA before I a political organization, so Flying Rabbit Sporting Clays ters 14–7. While the LLMs may UVA Law brings together stu- came for orientation as a 1L. you don’t have to worry about course in Mt. Crawford as well have been defeated in their first W. Augustus “Gus” I found out about the Rod & us trying to get you to change as numerous other informal game of the day, the Law Week- Todd ‘19 Gun Club through the Student your political beliefs. We just shooting events at local gun ly still maintains they’re the real Guest Columnist Activities Fair and was actu- really enjoy these activities ranges. We also plan on host- winners after Attending the T- ally shocked to see that such and love sharing them with ing a “New Shooter’s Day” in Pain Concert and skipping the dents interested a club existed. I expected to anybody who is interested. We the spring for anybody in the downpour that was Dandelion. in fishing and see a litany of organizations also are really good at teaching UVA Law family interested in Given that most of them had shooting or inter- relating to specific causes, po- people how to safely handle getting hands-on instruction never played softball, they knew ested in learning litical affiliations, and -affini firearms and become profi- behind an assortment of rifles, how to hit some real dingers how to do either. While most ties, but I did not expect to see cient shooters. If you have pistols, and shotguns. For the that rallied great support from people might not immediate- that fishing and shooting had ever been curious about how anglers, we are planning to set the crowd. But alas, Docket Like ly associate lawyers wearing enough of an interest among to shoot a gun but never knew up a fly-fishing tutorial in the It’s Hot secured their position suits with tramping through the students who attend a top how to go about learning, we spring as well. And as always, in the semi-finals just before the woods to go fishing or law school to warrant having are more than happy to show we have members going to the Habeas Porpoise took down hunting, the members of the its own organization. Having you how! ranges and fishing holes all the Beyond a Reasonable Out 13–6, Rod & Gun Club beg to differ. grown up fishing and shoot- In fact, many of our mem- time to unwind. meaning D and H would face off In fact, time spent at the pond ing, I was anxious to find plac- bers came to their first event If you are interested in any- in the semis before the champi- or at the range can be extraor- es to do both during my time with absolutely no background thing the Rod & Gun Club has onship game. dinarily helpful in helping law here. In that regard, the Rod in either shooting or fishing; to offer, feel free to reach out After a busy second round, students stay grounded and & Gun Club seemed like a gift most of them also come with- to any of the members of the Section A came into game three relaxed as the stress of day-to- to me and has introduced me out equipment. So if you have board. I serve as the President with high hopes that were ul- day life builds. to an entire community both an interest but are afraid of ([email protected]), but timately crushed by the F Few things in life are more inside the Law School and out looking like you have no idea you can also contact Jansen Bombers. With a final score of effective at helping one re- that love fresh air and making what you are doing, you prob- VanderMeulen, Vice President 10–3, Rip’s RAngers left feeling lax than finding a quiet pond things go boom. ably won’t be the only one. ([email protected]), Scott proud of their journey through and casting a few lures in the The elephant in the room Thankfully, our members Myers, Treasurer (srm6tr@vir- the day, leaving the field sing- solitude of the outdoors. Or, if for the Rod & Gun Club comes are generous with their skills ginia.edu), Jacob Roth, Shoot- ing the High School Musical that nagging voice is remind- with the “Gun” part of the as well as their stuff and are ing Chair ([email protected]. soundtrack that boomed from ing you of all the things you club. I recognize that the issue more than willing to give in- edu), our FChairs James Lock- their radio throughout the forgot to say during your last of firearm ownership in this dividual lessons on how to use erby ([email protected]) and team’s games. The F Bomb- cold call, there is no better way country can invoke intense their things. The club also will Justin Aimonetti (jwa3sc@vir- ers still had a game left to play, to drown it out than by going political passions. More than rent equipment at our group ginia.edu), or last but not least, spending their downtime nurs- to the range and blowing off a that, firearms are dangerous outings for members to use. Michael Haden our Safety ing injuries and preparing few dozen rounds. Either way, when used improperly and Keeping watch over everybody Chair ([email protected]). their obscene vernacular for fishing and shooting easily go can be very intimidating to is our Safety Chair Michael the championship game yet to hand-in-hand with keeping those who do not have much Haden, who knows how to come. Habeas Porpoise roared your mind and body healthy in experience around them. I am keep all of us safe through his into the 5 p.m. game against the high-stress environment sure that in and of itself is a years of experience running Docket Like It’s Hot, winning that we law students tend to turn-off for many here at the shooting ranges as an officer 5–0 before the game that fol- create for ourselves. law school. I would urge those in the Army. lowed directly after. Lucky for To be honest, I didn’t even people to come to an event We host monthly group Section H, the team did not follow the lead of #1 seed UVA Men’s Basketball during last Cleveland: Center of the Universe year’s March Madness and ac- Editor’s Note: When read- vibrant forests in the suburbs, Cleveland Indians. and his picture is on bottles tually met expectations in their ing controversial pieces such past trickling waterfalls and Clearly, others do see Cleve- of Dave’s Cosmic Sub Sauce, big moment.3 After long days as this, readers should re- shale cliffs. And—to even my land’s virtues. President which is sold in regional gro- for all teams, the championship member that this author’s surprise—we actually have a Obama visited my high school cery stores. game had arrived. position does not necessarily beautiful beach. More day-to- twice! That’s probably why Spend a day at the muse- Section F, despite a valiant ef- reflect the opinion of the Edi- day amenities include friendly he was re-elected. Love from ums at University Circle. The fort and a left-center fielder who torial Board or the University people everywhere, a low cost Cleveland will take you far. Cleveland Museum of Art is could literally throw the ball of Virginia School of Law. of living, and excellent grocery So what did I do during my free and wonderful. My favor- from the road to home, the team stores (I know it sounds silly, fall break in Cleveland? Mostly ite exhibit is the Armor Court, couldn’t find its stride against You may not know it, but but they really are great. My study for my contracts mid- although I always love stop- the powerhouse batting of Sec- Cleveland is the fall break des- favorite, Miles Farmers’ Mar- term with breaks to hang out ping by the Mon- et and Mor- tion H. With a 10-1 final score, tination of your dreams. ket, has tasty muffins and free with my grandparents and go isot paintings, too. After visit- the F Bombers left cursing Yes, you read that right! coffee!). for a hike. But if I weren’t a 1L, ing the art museum, you might themselves, wishing they had Cleveland, Ohio. The heart Do you like chocolate? my fall break definitely would want to check out some of the found their swing in time to ral- of the nation! I do not write Cleveland has the best choco- have been more interesting. other top-tier museums within ly. Meanwhile, Section H sang in jest. A sprawling metropo- late. Malley’s chocolate is the Here are the top five things walking distance, including along to Mariah Carey’s “All I lis and my wonderful home- epitome of creamy chocolatey you should do on your next our natural history museum Want for Christmas is You” for town, Cleveland is the place deliciousness. Once you try it, visit to The Land: (we have Balto, the heroic Si- unknown reasons. Regardless to be—probably for life, and you’ll want to move to Cleve- Befriend my grandparents. berian Husky sled dog who of their odd victory music, the certainly for a great five-day land just for easy access. No They are great! saved Nome, Alaska, from a team found victory and crushed vacation in the fall. The people other chocolate can compare. Get breakfast at the Yours diphtheria epidemic!) and our the hopes of underdogs every- are friendly, the food is great, We are also very close to Truly at Transportation Bou- botanical gardens (complete where. and even LeBron James con- Canada. If you ever truly get levard. Follow that breakfast with a butterfly room!). Also in Due in part to great musical siders the Cleveland area to be fed up with America in gen- with a quick visit to Malley’s to University Circle is Severance choices and a few thrilling up- his true home. If Cleveland is eral, you can always gaze stock up on chocolate before Hall, home of the Cleveland sets, the 1L tournament lived good enough for King James, wishfully across Lake Erie hopping on the Cuyahoga Val- Orchestra. up to expectations as a thrill- it’s definitely good enough for and dream of your escape. ley Scenic Railroad, which will A short walk away from the ing and competition-inducing you. He may have left to fin- But—why would you want to take you through Cuyahoga museums is Cleveland’s Little event. Now we can hope the 2Ls ish his career in L.A., but we escape? You’re in Cleveland! Valley National Park, stopping Italy, which hosts tasty restau- and 3Ls can follow suit and, you have no hard feelings here. Even when America may be at charming rural towns along rants and interesting galler- know, actually play some soft- We know LeBron is well aware going through rough times, the way. At several points, the ies. My favorite places to eat ball. there is no place like home. Clevelanders buckle down and train meets the Ohio & Erie there are Presti’s (baked goods ---- He’ll be back! stay strong. We have steadfast Canal Towpath Trail; “hop and cafeteria-style lunch) and [email protected] Cleveland truly has every- pride in our great city. on” and “hop off” options are Mama Santa’s (classic Sicil- thing you could ever need. Some of you, as you read this available for hikers and bikers. ian pizza—yum). At the end of Brooke Swann ‘20 contrib- From the Rock and Roll Hall excellent extollation of Cleve- Grab an ice cream cone and the day, you can head further uted on-the-ground reporting of Fame to the Cleveland Or- land’s virtues, may be snicker- stroll through Chagrin Falls. downtown to visit The Flats—a for this article. chestra (which is among the ing to yourselves. Stop! Don’t It’s a cute little town with a trendy, redeveloped area with top ten in the world), Cleve- judge a midwestern gem by massive waterfall at its center. a great night scene. land’s music scene is strong. stories of a burning river and My favorite shops to visit there Good things start in Cleve- Downtown Cleveland is very failing football team. We’ve are the local bookstore (very land: Stouffer’s, Superman, hip, and our restaurants are bounced back since then. cute!) and the old-fashioned Paul Newman… perhaps your 2 With a man who would top notch. Iron Chef Michael Our river has not caught fire hardware store that’s brim- legal career? So next time you only came up to bat if allowed Symon lives in Cleveland! My in nearly 50 years, thank you ming with antiques. While plan a vacation, you know to bring his beer with him. Ev- brother once rescued his dog. very much. And with Baker you’re in town, be sure to grab where to go. #TheLand has it ery time. The Cleveland Metroparks Mayfield in our football line- a sandwich from Dave’s Cos- all. Come to #CLE! are spectacular, and just a up, we’re on track to have mic Subs. Maybe you will even ---- 3 Anyone else still not over short drive from the city’s cen- three great sports teams: the see the founder, Cosmic Dave! [email protected] it? Just me? Bueller? ter. Tow paths wind through Browns, the Cavs, and the He is cool. He goes to my gym 4 Colophon VIRGINIA LAW WEEKLY Wednesday, 17 October 2018 Ike’s Mistake: The Accidental Creation of the Warren Court and his supporters believed a Republican in the White Part of Confirmation tutional right to privacy,3 was “the biggest damn-fool that after scores of failed House after a generation Stories, an ongoing Law the right to remain silent,4 mistake I ever made,” or dime-store New Deal can- of failure. Like his father Weekly feature. forty years before him, Taft controlled the party ma- chinery, hoping to best a When General Eisenhow- less conservative but more er was inaugurated in 1953, popular opponent. When he became the first Repub- the convention opened in William Chicago—coincidentally Fassuliotis ‘19 the same city as the Taft- Guest Columnist Roosevelt convention years before—neither Taft nor lican president Eisenhower definitively had in twenty years. a majority of the delegates. Presidents Enter Warren. Roosevelt and Truman In 1952, Earl Warren was would appoint twelve in his third term as Gover- justices,1 drastically chang- nor of California. A Repub- ing the character and ide- lican, he started his public ology of the Court. Except career as District Attorney for Justice Harold Burton, of Alameda County. Ap- whom Truman appointed palled by the corruption he as a gesture of bipartisan saw in state government, he goodwill, every justice on busted bribe-taking politi- the court was a Democrat. cians and officials, cracked While Eisenhower was no down on crime, and ran ideologue, he would ex- his office in a professional- plain to advisors, in public, ized, non-partisan way.7 He that “My [Ike’s] principal would keep these attributes concern is to do my part in as he ran successfully for helping restore the Court to California Attorney Gen- the position of prestige that eral8 in 1938, then Gover- it used to hold, and which in my opinion was badly 7 Although some of his damaged during the New prosecutorial methods would and Fair Deal days.”2 Eisen- later be found unconstitu- As then-Vice President Nixon looks on, Earl Warren administers President Eisenhower his second oath of office in 1957. hower would appoint five tional by his Court. Photo courtesy Dwight D. Eisenhower Presidential Library. justices, enough to recreate the Court’s character and the elimination of official that his biggest mistake was didates, only a true conser- 8 His tenure as AG shame- ideology. Whatever Ike ex- school prayer in public “the appointment of that vative nominee could put fully included the internment pected, the coming judicial schools,5 desegregation,6 dumb son-of-a-bitch Earl revolution certainly was not and much more. Warren Warren.” Historians argue it. was the leader of the lib- whether or not Eisenhower Faculty Quotes Spearheaded by Chief eral wing; Brennan would ever said any of the above. Justice Earl Warren and provide its intellectual un- But the statements reflect K. Kordana: “The virtual firm is an M. Gilbert: “It’s not just it’s dark Associate Justice Wil- derpinnings. After he was how Eisenhower and many incel in his mother’s basement.” and dreary—it’s Fall so the days are liam Brennan, the Warren no longer president, Eisen- others felt. How then, if A. Johnson: “Most rivers run getting short. It’s going to be dark when Court radically expanded hower purportedly said, “I Eisenhower did not intend North to South. Do you know why? we show up in a few weeks. That’s okay, the reaches of the judicial have made two mistakes, a revolution, did he ignite Because of gravity.” Election Law will give us light.” power and altered con- and they are both sitting one anyway? The answer R. Schragger: “That’s called aggres- R. Harmon: “These people are stitutional law in a way on the Supreme Court.” Or lies in two elections: the sive friendliness, which I am against. 22 years old and know nothing about that reverberates to this that Warren’s nomination 1952 and 1956 Presidential My wife is the queen of aggressive anything . . . no offense intended.” day. The changes were le- elections. friendliness.” J. Harrison: “The list of things that gion, including a consti- 3 E.g., Griswold v. Con- Despite his overwhelm- D. Leslie: (pointing at student with annoy me is very long.” necticut, 381 U.S. 479 (1965), ing popularity among the his walking stick) “You can run but you A. Vollmer: “Sometimes I don’t and Katz v. United States, American people, Ike was can’t hide!” follow the casebook. DON’T get mad 389 U.S. 347 (1967). not assured the Republican F. Schauer “You have my permis- about that.” 1 Eight and four justices, nomination in 1952. Af- sion not to worry about it.” A. Bamzai: “Lawyers convert large respectively. This excludes 4 Miranda v. Arizona, 384 ter being convinced by the M. Collins: “I deny it. And if I did it, boxes of paper into small boxes of FDR’s elevation of Harlan U.S. 436 (1966). Draft Eisenhower move- I apologize” paper.” Stone, a Coolidge appointee, ment to run, his main op- to Chief Justice. 5 Engel v. Vitale, 370 U.S. ponent was Senator Robert 421 (1962). Taft of Ohio, son of Presi- 2 This was in part a reac- dent and Chief Justice Wil- Retraction tion to Truman appointing 6 E.g., Brown v. Board of liam Howard Taft. Known buddies and, for lack of a bet- Education of Topeka, 347 as “Mr. Republican” for his In its October 3 edition, the Law Weekly inaccurately ter word, cronies as Justices. U.S. 483 (1954). stalwart conservatism, he the Virginia Law Week- summarized the statements ly reported on the "#MeToo of both professors, and in in the Judiciary" event some cases attributed those hosted by the UVA Law summaries as quotations. chapter of the American We have retracted the piece, Virginia Law Weekly Constitution Society and and we apologize to Profes- headlined by Professors sors Coughlin and Ferzan for COLOPHON Anne Coughlin and Kimberly our mishandling of their im- Jansen VanderMeulen ‘19 Kessler Ferzan. In the piece, portant event. Editor-in-Chief
M. Eleanor Schmalzl ’20 Executive Editor Anand Jani ‘20 David Ranzini ‘20 Kim Hopkin ‘19 Managing Editor Production Editor Development Editor
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Wednesday, 17 October 2018 VIRGINIA LAW WEEKLY Hot Bench 5 nor in ’42, ’46, and ’50. He Warren declared himself a president spot if he could president, vice president, age of 63.11 After some hesi- campaigned and governed candidate for President in get California’s support. or some other spot, there tation (Eisenhower thought as a fiscal conservative but 1952. As California’s “fa- Warren’s biographers por- would be no Warren Court. there was some difference a progressive social reform- vorite son,” he was assured tray Nixon as a backstab- Ike would easily win the between being promised an er, winning acclaim and of its seventy-odd dele- ber, looking out for only his election. Associate position versus praise within the state and gates, on the first ballot at own ambition. In fairness, Eisenhower, however, the Chief Justice; Warren without as “an able, incor- least. Warren hoped that if Warren refused to endorse was impressed by Warren. adamantly said there was ruptible administrator who Taft and Eisenhower dead- Nixon when he first ran for When discussing his ideal not), Ike put Warren on the has built up enormous pub- locked, both would lose Congress and only tepidly justice, he told advisors Court through a recess ap- lic faith in his honesty and momentum and he could be supported Nixon’s run for he wanted on the court “a pointment in time for the political integrity.” He was the compromise candidate. Senate. There was little rea- man of broad experience, 1953 October term. Warren so popular that in his first Enter Richard Nixon. If you son for Nixon to be loyal to professional competence, was confirmed by the Sen- campaign for reelection, he may allow a bit of editorial- Warren, and both would de- and with an unimpeach- ate by a voice vote on March won both the Democratic izing, I believe that Nixon is test each other for the rest able record and reputa- 1, 1954. The rest, as they and Republican primaries, one of the most important of their lives. (Stay tuned tion for integrity.” In other say, is history. running virtually unop- figures in Supreme Court for future articles on this.) words, he was looking for Sources include Ste- posed. Such success led him history to never have sat Senator Nixon played a a “statesman.” The histori- phen E. Ambrose’s “Eisen- to talk of presidential aspi- on the bench. He will fig- crucial role in getting Cali- cal record is mixed, and will hower: Soldier and Presi- rations. Warren was Thom- ure prominently in many fornia to adopt the “Fair perhaps never be known. dent”, James F. Simon’s as Dewey’s ticket mate as future articles. Forty years Play Amendment” during Some sources report a quid “Eisenhower vs. Warren”, vice-president in the 1948 old at the time, Delegate the convention. Complicat- pro quo agreement, such and Ed Cray’s “Chief Jus- election, best remembered Nixon was California’s ju- ed and arcane, the amend- that Warren would vigor- tice: A biography of Earl as the erroneous “Dewey nior senator. Despite this, ment involved something ously campaign for Eisen- Warren.” Next time, Eisen- Defeats Truman” election.9 there was little love lost called “the Texas Steal” and hower in exchange for a hower’s other “mistake”: This was the only election between the two. Both won two competing delegations spot on the Court. I do Justice Brennan’s path to Warren would ever lose. overwhelming statewide from southern states, one not find these claims to be the high court. With such success, victories in 1950, attracting for Taft and one for Eisen- overly credible. Warren fit independents and Demo- hower, trying to get seated many of the attributes Ike ---- of Japanese-Americans that crats, but in very different at the convention. A vote listed and Ike seemed to [email protected] ended up being upheld in ways. Warren won through for “Fair Play” was in es- have a genuine respect for Korematsu v. United States. policies appealing to the sence a vote for Eisenhower Warren and thought him to It is life’s ironies that one of center; Nixon won by paint- and would come close to have similar “middle of the the drivers for internment ing his opponents as com- securing him the nomi- road” philosophy. Eisen- would also be the architect of munist sympathizers and nation, thus ending War- hower called Warren to tell ending legally-enforced racial accusing his opponent in ren’s chance for the presi- him Ike considered him segregation, though some bi- the 1950 Senate election as dency. In the end, the Fair for Attorney General, but ographers argue that his later “pink right down to her un- Play Amendment won, and decided to go elsewhere. regret over internment led derwear.” Eisenhower cinched the Warren claimed that after- him to be a forceful opponent Nixon, nominally nomination on the first bal- wards, Ike said, “I want you of segregation on the bench. pledged to Warren on the lot.10 Had Warren become to know that I intend to of- first ballot, let it be known fer you the first vacancy on 11 Vinson was appointed by 9 Dewey and Warren rath- in private that he truly sup- 10 If interested, John Dick- the Supreme Court.” In any Truman in 1946. He was the er famously did not get along ported Eisenhower. In re- erson’s “Whistlestop” has a event, Warren believed he last Chief Justice appointed very well. Nina Warren, Earl turn, viewing Nixon as a great two-episode podcast on had been promised a spot by a Democratic President. Warren’s wife, voted for the young, energetic candidate the convention, titled ”Eisen- on the Court. On September Truman and Vinson were Truman ticket, disliking who could unite the conser- hower, Taft, and the Texas 8, 1953, Chief Justice Fred great poker buddies, and Vin- Dewey and not wanting to see vative elements of the par- Steal”, and ”Eisenhower, Vinson suffered a heart at- son was likely appointed in her husband become Vice- ty, Eisenhower’s campaign Taft, and the Wizard of Ooze.“ tack and passed away at the part because of that relation- President. staff offered him the vice Strongly recommend them. ship.
Swimming, going out to eat, What’s your favorite continuedHOT from page and watching trashy television food(s)? Fake News: 3Ls with my pals. CHICKEN KORMA AT MI- BENCH LAN INDIAN BUFFET. Blame Dugas Where is your favorite place to vacation? If you had to pick one for Enrollment Anywhere by the ocean. song to play non-stop in the background of your life, Troubles What did you have for what would it be? Third-year law students days’ notice. “In addition to breakfast this morning? I’ve given a lot of thought to at the University of Virginia playing on multiple softball Lunch. this throughout my life, and I School of Law expressed their teams I’m also taking a full must instead give you a playl- Graham Pittman ‘19 twelve credit schedule this What’s your least favorite ist: Little Bitty Pretty One (the Guest Satirist semester, including Common sound? Matilda song), Ain’t No Moun- Law IV and VII. . .When exact- The construction that wakes tain High Enough, Int’l Players ly did Dugas expect me to find me up every single morning Anthem, and the soundtracks outrage earlier the time to sign up for class? Liz Sines ‘19 (thanks UVA). for Sister Act 1 and 2. Is that not this week after Considering how bad the re- the feel-good playlist of the cen- Assistant Dean ception is on the back nine of Have you ever had a nick- If you owned a sports tury?! of Academic Birdwood and the upstairs bar name? team, what/who would be Services and Registrar Jason at Biltmore, it’s a miracle that Liz, Lizzie, Liza, Lizard Breath the mascot? What’s the longest. you’ve Dugas nearly failed to remind any of us even saw his email.” (kids are mean). We would be the Elizabeths, gone without sleep and them about the spring enroll- “My parents are paying and the mascots would be Queen why? ment period. 3L representative nearly $60,000 for me to go Where did you grow up? Elizabeth’s royal corgis. The Probably 48 hours. Something Jeff Richardson spoke before a to school here. The least the Oakland, Maryland, a tiny brand is strong. finals and cramming related, I’m crowd of angry upperclassmen administration can do is tell town in the Appalachian Moun- sure. and reporters gathered out- me when I need to register for tains, right by the West Virginia Blueberries or strawber- side of the school on Monday class,” added Richardson, who border. ries? If you won the lottery, to criticize Dean Dugas for not hasn’t been to his Securities Bluebs, as I like to call them what would you do with it? emailing them sooner about Regulation seminar in at least What is your favorite (or BOOberries, only during the Pay off my student loans. And the registration deadlines that three weeks. “Law school is word? month of October). with the remaining $10, buy a have been posted on LawWeb supposed to prepare us to be Loquacious. bunch of real estate and give the for at least three months. lawyers; we shouldn’t be wast- What is the best concert rest to charity. “Who could have guessed ing our time worrying about What’s the best meal you have ever been to? that we wouldn’t get advanced strict, arbitrary deadlines, you’ve ever had? Bryson Tiller, right in Balti- If you had Matrix-like warning from the Registrar’s reading through tedious docu- more’s Inner Harbor. learning, what would you office in the form of a series of ments, or paying attention to The other day, Colleen Guinn learn? timely, informative, and tech- small details.” and I each spent $55 at Bang! What’s your favorite thing Every single language in the nologically integrated emails? Richardson warned that the That’s approximately 6 small to do in Charlottesville? world. How badass would that It’s like the rug was completely 3L class would pursue further plates each. I don’t know if it’s Eat at MILAN INDIAN BUF- be?! pulled out from under us,” action if the administration the best, but it definitely ranks. FET. said Richardson. “The admin- fails to make amends. “Mark If you could be in the win- istration needs to be held ac- my words, if one of us ends up If you could meet one ce- What animal do you most ter Olympics, which sport countable. It’s absolutely un- having to take a Friday class lebrity, who would it be and identify with? would you compete in? reasonable for them to expect we’re going to organize a peti- why? A slow loris. Look it up. You I sobbed inconsolably after the us to remember the specifics tion.” Seth Rogen. He’s my celeb will not be disappointed. U.S. men’s team won America’s of a process that has in no way ---- crush. FIRST Olympic gold medal in changed since 1L.” [email protected] Backstreet Boys or curling, if that answers your Richardson claims that What’s your favorite hob- *NSYNC? question. many 3Ls were unable to com- by to avoid the stress of law Backstreet’s back ALRIGHT! ----- plete the 30-minute course se- school? [email protected] lection process with only four 6 The Back Page VIRGINIA LAW WEEKLY Wednesday, 17 October 2018
continued from page 2 tween public service and the private sector? Think of some- Softball Scores: tions of Route 28. When peo- one who really needs you and, ple opened their doors to her, if you weren’t there, think of The 1L Softball Team over BatMen 27-2 Out 6-5 they all had one very obvious who would support them. And over RELLS 21-2 BatMen over 3L Six Ma- Docket Like It’s Hot observation and question, and if you think, in that moment, Allied Front over Rio fia 12-11 over Bam’s I’s 15-5 Del. Roem refused to let that that a firm is still where you Grande Slams 10-4 Stranger Swings forfeit- constrain her conversation. ought to be, then go. But if the The 1L Softball Team As she put it, people might not thought of that human being Legal-Es over Docket ed to Nerd Herd for lack over Bearly Legal 18-4 understand what it means to who needs your help sticks Like It’s Hot 13-12 of numbers Bearly Legal over be a transgender woman, but in your mind, then figure out Justice RBIs over C’s Good Not Great forfeited RELLS 16-15 everyone understands traffic. how to help them. At the same time, Del. Roem This reporter also caught up and Desist 8-7 to Beyond a Reason- Do It For the (J)D over recognizes the significance of with Sensenig: Beyond a Reasonable able Out Sermon on the Mound her election for the LGBTQ Where did you get the in- Out over Legal-Es 21-12 Well Hung Jurors over 13-10 community. As the very first spiration for this event? From transgender woman elected to Kendall Burchard, current F Bombers over Rip’s RELLS 18-1 office, whether she wills it or president of Virginia Law RAngers 18-3 Habeas Porpoise over not, Del. Roem is an effective Women, who hosted an event The 1L Softball Team Beyond a Reasonable ambassador. For her, it is both last year called “Elect Her.” a privilege and a responsibil- We also wanted to host an ity, and, for the young LGBTQ event that would support peo- leaders waiting in the wings, it ple going out for office. Cartoon By Hamza Rashid remains a privilege and a re- What are your next steps? sponsibility. We’re currently deciding now Del. Roem’s speech can be if we want to stick to a one- found on the UVA Law You- day symposium format or if Tube page. For the exclusive we want to do smaller events
benefit of the readers of this throughout the year. In either publication, this reporter case, we’re done forEnjoy! this year,GMT. 2018 19:56:30 15 Oct Mon on http://www.opensky.ca/sudoku by Generated caught up with Del. Roem af- but please be on the lookout ter the event and scored a re- for another ELE(Q)T event ally sweet selfie asked a few next year. questions: Would you like to say a few What’s one message you’d words to our readers? VOTE, like to give to people who VOTE, VOTE! There are great weren’t able to make it to- student organizations on night? If you’re well qualified grounds helping to get peo- and you’ve got good ideas, ple registered: Virginia Law then get your ideas to the ta- Democrats and Virginia Law ble. You can succeed by being Republicans. Also, come to who you are not despite of it. Lambda events and be a good What’s the one core attribute ally. If we’re something you that makes a good politician? care about, come out and sup- Constituent service above all port us. else. Don’t single out and stig- ---- matize your constituents. [email protected] Do you have any advice for people who feel caught be-
TIME EVENT LOCATION COST FOOD? WEDNESDAY – October 17 JLSA Student Faculty 11:00 Purcell Free Bodo’s! Bagel Brunch Debate: Fixing the 11:30 American Immigration WB154 Free Mezeh Puzzle 1 (Very hard, difficulty rating SUDOKU0.87) System Karsh Center Presents: 12:00 – For the mind. Judicial Ideology & The Faculty Lounge Free 13:00 Also, cold cuts. Supreme Court 7 4 8 9 3 FLF/Dom. Viol. Proj.: 13:00 – Dating Violence in Pop WB 102 Free w/ RSVP Lunch 14:00 Music Int’l Art Arbitration ft. 6 8 4 1 14:00 WB 104 Free ---- William Charon ‘98 THURSDAY – October 18 Men WB154 / 5 11:30 – Career Center: Dressing Women WB Free ---- 12:30 for Success 152 Human Rights Lawyering 13:00 Purcell Free ---- 5 9 3 2 From the Inside BLSA Presents: UVA Law 18:00 – Alumnus Johnathan S. Caplin Free Dinner served 20:00 Perkins ‘11 6 7 18:30 – Law Dems Voter WB 152 Free w/RSVP to Law Dems Dinner 20:30 Protection Training FRIDAY – October 19 4 6 9 5 Summer Internship 11:00 WB 101 Free ---- Opportunities in Int’l Law Career Center: Intro to 12:00 – 8 Firm Interactions / Office WB 152 Free ---- 13:00 Hours Law Student’s Guide to 13:00 Becoming Solicitor WB 128 Free ---- 6 8 1 7 General SATURDAY – October 20 Gamer Fuel ™ by 9:00 – LIST Presents MetaCTF 8 1 3 4 6 Inn at Darden RSVP to LIST Mtn Dew, chicken 17:30 Cybersecurity Wargames tendies Crozet Pizza / Cold pizza, warm 14:00 – Fauxfield Buddhist Biker Prices as announced beer, awkward Generated by http://www.opensky.ca/sudoku Solutionon Mon Oct 15 19:56:30 2018 GMT. Enjoy! 19:00
Bar mingling SUNDAY – October 21 6 4 5 3 1 2 7 9 8
Flying Rabbit BYO lunch, UVA Law Rod & Gun Club 7 1 3 9 8 5 6 2 4 11:45 Sporting Clays, Email [email protected] ear/eye pro, #7 ½ Sporting Clays Shoot
Mt. Crawford 12ga 2 ¾” shells
MONDAY – October 22 2 9 8 4 7 6 3 5 1
11:30 Epic Systems Panel Purcell Free ---- 5 3 9 1 6 4 8 7 2 Public Service Lunch & RSVP Gina Sato, 1 7 2 8 5 9 4 6 3
13:00 WB 121 Lunch w/ RSVP
Learn ft. Zack McDermott ([email protected]) 8 6 4 2 3 7 9 1 5
16:00 – VLW Clothing Exchange +
Caplin Pavilion Free ---- 18:00 Headshots 4 8 7 6 2 1 5 3 9
TUESDAY – October 23 Winter Break Pro Bono 9 5 1 7 4 3 2 8 6 11:30 WB 152 Free ----
Orientation 1 15:40 – 3 2 6 5 9 8 1 4 7 Firm Mix & Mingle Caplin Pavilion Registration via Symplicity ----
17:00 WEDNESDAY – October 24 0.87) rating difficulty hard, (Very 1 Puzzle VJIL Presents: A FCPA for 12:00 – Human Rights? Ft. Prof. WB 102 Free Lunch 13:00 Stephan