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2006 The Advocate (Vol. 4, Issue 5)

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Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers The Advocate VOLUME IV, ISSUE FIVE WEDNESDAY, NOVEMBER 8, 2006 WILLIAM & MARY SCHOOL OF LAW

Robert W. Hoeschler, left, of the Journey of Hope holds his 7-11 “uniform.” His father, the owner of a 7-11, was murdered when Mr. Hoe- schler was a child. Tracy Spirko of the Journey of Hope spoke about her husband, John Spirko, who is currently on death row in Ohio be- cause of a partial eyewitness identification. Kelly Pereira // Advocate. Voices Against the Death Penalty

by Satya Vanderbilt 2005, 119 death row inmates were entire legal system is based on the had had exculpatory evidence all Contributor completely exonerated. This is why premise that “If you get the process along. SFIP invites readers to hear SFIP hosted Robert and Tracy. Like right, the outcome will be right. Ms. Monroe’s testimony firsthand “Don’t kill me for a lie.” This Journey of Hope, the group aims to So what do you do if you get the when she visits the law school later is the slogan of John Spirko, a man raise awareness and inspire action. outcome wrong? The [appellate] this month. on death row for a crime he denies. But here at William & Mary, SFIP process is set up to identify errors John Spirko is another poten- Students for the Innocence Project hopes to do much more than just in the process. Our system is ill- tial exoneree who was convicted (SFIP) provided Marshall-Wythe educate. The presentation Monday equipped to protect against errors because of a confession he never students with a unique opportu- was just one small step towards a in outcome.” This is why the In- made. The testimony of John’s nity on Monday, Oct. 14. Robert greater goal: to bring the Innocence nocence Project has exonerated 184 wife, Tracy Spirko, brought yet W. Hoeschler, whose father was Project to Marshall-Wythe and individuals across the nation. another perspective to the growing murdered in a robbery, and Tracy equip students here in Williams- The Innocence Project “is about doubt in the minds of attendees Spirko, whose husband is on death burg with the inspiration and tools getting the facts the jury never saw,” Monday. Tracy shared detail after row, shared their own personal necessary to join thousands of law Robert explained. Although a testimonies of why they believe the students across the country who majority of exonerees were freed Continued on pg 2. death penalty must be abolished. work to exonerate the wrongfully because of DNA testing, which Society dictates that these two convicted. may not have been available when INSIDE should be enemies; prosecutors Robert Hoeschler took action they were convicted, some men insist the death penalty provides back in 2000 when he founded and women were simply victims Sports Law Career...... 4 closure for family members of Innocence Project New Orleans. of the system. Beverly Monroe murder victims. Robert and Tracy Robert had no law degree, but his was an upstanding Virginian when Sekulow Lecture...... 6 disagree with the status quo. They passion for justice has led to the she was arrested for the death of are just two of many members of exoneration of five wrongfully- a long-time companion. Beverly PSF Stories...... 9 Journey of Hope, an organization convicted individuals over five was exonerated after seven years, that works to build public aware- years. He explained the importance not by new evidence or even old B-Law-GS...... 13 ness to abolish the death penalty. of the Innocence Project in a way evidence that was newly tested; Indeed, Amnesty International both law students and community she was exonerated after a judge Canadian Bacon...... 17 Reports that between 1975 and members could understand: the found that the prosecutor in the case News 2 Wednesday, November 8, 2006 Journey of Hope, continued from fighting for John’s release? A Rare Moment : Straight front cover. The lunchtime presentation by Talk about Campaign detail, effectively demonstrating Journey of Hope speakers Robert that her husband could not possibly Hoeschler and Tracy Spirko pro- F i n a n c e have committed the crime of which vided more questions than answers, didates, contributors, and election he was convicted. Attendees of but this is precisely what Students by Dave Sella-Villa Monday’s presentation may have for the Innocence Project wants, Contributor staffers. Toner believes that BCRA has challenged candidates to focus arrived with a suspicion that the for law students to question the their energies on developing a wide system could likely get it wrong at conviction of potentially innocent times—but few were aware of the prisoners here in Virginia and join Michael Toner, Federal Elec- fundraising base. “The Internet,” gross atrocities committed in the the bandwagon for an Innocence tion Commission (FEC) Chairman, remarked Toner, “has leveled the name of prosecutorial discretion. Project here in Williamsburg. came to address the law school on playing field.” Candidates who Surely, if the evidence suggested Information about programs Oct. 19-20. The Institute of Bill of find new, creative ways to gather beyond a reasonable doubt that and organizations mentioned in Rights Law and the Election Law support will remain competitive John Spirko was guilty as charged, this article can be found online at Society co-sponsored the presenta- in 2008. why would the esteemed firm of amnesty.org, journeyofhope.org, tion. Commissioner Toner entered Toner predicts that the eventual Pillsbury, Winthrop, Shaw and johnspirko.com, and innocencepro- the world of election law through presidential nominee of each major Pitman sink millions of dollars into ject.org. private practice and then as Chief party will have to raise $500 mil- Counsel for the Dole campaign of lion over the course of the election 1996 and the Bush campaign of cycle. Candidates who take the Judge Recounts Her Past in, 2000. Confirmed as FEC Chair- federal funds will simply not be man in 2003, Toner shared his competitive. “Hillary Clinton,” he and Advises on, the Future observations on the changes to noted, “has already broken fund- of the Virginia Judiciary federal elections since the passage raising records.” Toner intrigued of McCain-Feingold, the Bipartisan the audience when he commented by Tara St. Angelo out that there are 425 judges in the Campaign-Finance Reform Act that the total estimated spending on Business Editor district and circuit courts in Virginia (BCRA). the 2008 presidential election will and only eighty are women. Fewer BCRA attempted to eliminate equal national annual spending on than ten of these women serve in “soft money” from federal cam- potato chips. Judge Eileen A. Olds has been courts of record, and most sit in paigns, limit the type of ads that can Though not a call to enter the told that she does not look like a juvenile courts. She also added air before elections, and increase field of election law, the com- judge. As she entered room 133 in that many of her colleagues feel as donation limits. Opening the floor mentary helped the attendees to her stylish black dress, carrying her though these are the more “touchy- to questions, attendees challenged understand that campaign finance Christian Dior purse and sporting feely courts” and are better suited the Commissioner. With soft presents many problems. Cam- chunky black pearls, I thought she to women. money redirected to PACs, 501(c)s, looked more like the fashion edi- Judge Olds says that many and 527s, the impact spreads to can- Continued on pg 6. tor of Elle than a long-time judge. people perceive the juvenile court Judge Olds has been changing as “kiddie court,” but there are seri- The Advocate people’s perceptions of the judi- ous issues. Judge Olds has more ciary every day of the twelve years criminal cases than status offenses "Complete and objective reporting of student news and opinion" she has served on Chesapeake’s go through her court currently. Juvenile and Domestic Relations Since there is no true family court court. Editor-in-Chief: William Y. Durbin Editorial Policy in Virginia, Judge Olds sees all the On Oct. 24, Judge Olds spoke News Editors: Kelly J. Pereira The letters and opinion pages of cases dealing with family members. Jennifer Stanley to students about what it is like to The Advocate are dedicated to all She noted that the most difficult Copy Editor: Kate Yashinski be a black woman on the court. cases in terms of emotional invest- Features Editors: Alan Kennedy-Shaffer student opinion regardless of form Judge Olds has been ahead of her ment are those involving domestic Mike Kourabas or content. The Advocate reserves Asim Modi time for many years. She began relations that intersect with the the right to edit for spelling and Business Manager: Tara St. Angelo attending the University of Vir- maltreatment of children. Judge Layout Editor: Myriem Seabron grammar, but not content. Photographer: Joelle Laszlo ginia just four years after it began Olds’s main goal in these cases is Ad & Collage Design: Tara St. Angelo Letters to the Editor and opinion admitting women; she was one of to keep a functioning family unit articles may not necessarily reflect six African-American students in intact for the welfare of the child. Staff Writers: Alan Kennedy-Shaffer the opinion of the newspaper or Sarah Abshear Mike Kourabas her law school class; she was the Judge Olds’s final piece of David Bules Asim Modi its staff. All letters to the Editor first female judge in Chesapeake, as wisdom was that future lawyers, David Benatar Kelly J. Pereira should be submitted by 5 p.m. on well as the first black judge; and she Matt Dobbie Nathan Pollard judges, and politicians must main- Meghan Horn Tara St. Angelo the Thursday prior to publication. was recently elected as the fourth tain a stable and intact judiciary The Advocate will not print a woman president of the American Contributors: and preserve its independence. Megan Clark Dave Sella-Villa letter without confirmation of the Judges Association. She advised that judges in general Aaron C. Garrett Will Sleeth author's name. We may, however, Although things have changed need to be able to make decision Cara Goeller Satya Vanderbilt in the courts when it comes to the Neal Hoffman Brooke Williams withhold the name on request. Let- that they know are in the best inter- perceptions of women and minori- Address Correspondence To: ters over 500 words may be returned est of the litigants without fear of The Advocate to the writer with a request that ties, Judge Olds admits that the ex- repercussions. Finally, she noted William & Mary School of Law the letter be edited for the sake of perience is still unique for women that judges have an obligation to P. O. Box 8795 and minorities when it comes to the Williamsburg, Virginia 23187 space. provide as much legal education (757) 221-3582 approach to the law. She pointed as possible to the public. News THE ADVOCATE 3 Combs Gives Lecture Applying International Law to the Recent Conflict Between Israel and Hezbollah

by Sarah Abshear Council has taken measures. Staff Writer Prof. Combs said that some International Court of Justice opin- On Oct. 26, the Jewish Law ions suggest that when Hezbollah Students Association sponsored a kidnapped soldiers, that was not an talk by Prof. Nancy Combs on the adequate provocation for Israel to international law implications of begin a war. However, Israel was the recent conflict between Israel allowed to take countermeasures. and Hezbollah. The president of the There are two restrictions on Jewish Law Students Association Israel’s legal retaliation. The first began the meeting by giving the is necessity. Israel and Hezbollah audience some of the facts about should have tried to work things the conflict. It began on July 12, out peacefully first. For example, Professor Nancy Combs spoke about the most recent Middle East 2006, when Hezbollah, an orga- some commentators said that Israel conflict. Kelly Pereira // Advocate. nization listed on the U.S. State should have appealed to Lebanon, targets. Military targets are limited locate military objectives in dense- Department’s list of designated but Prof. Combs did not think that to objects which give the other side ly populated areas. They have an foreign terrorist organizations, argument was credible. The second an effective military advantage if obligation to move civilians away kidnapped two Israeli soldiers and restriction is proportionality. Even left alone and offer definite military from military targets. States are killed three others. The fighting be- if there was an armed attack, Israel advantage to the state destroying not allowed to use human shields tween Hezbollah and Israel went on was only supposed to respond in them if destroyed. Anything can for their military targets. for thirty-four days, until the United proportion to what Hezbollah be a military objective if it is being Even if the enemy is not com- Nations brokered a ceasefire. did. Prof. Combs pointed out that used to provide a military advan- plying with the laws of warfare, Prof. Combs began by inform- border skirmishes have been go- tage. If in doubt, states are supposed that does not give the other state the ing students that when dealing ing on since Israel withdrew from to err on the side of caution and right not to comply, Prof. Combs with international law, it is often Lebanon years ago. For example, consider a place typically used for clarified. This is because the point difficult to come up with answers. in 1996, there were cross-border civilian purposes, like a mosque or of the laws is to be humanitarian, Sometimes the law is unclear, but shootings and prisoner exchanges. a home, as civilian. States are not not to assess bilateral compliance. even more often facts are unclear. Because of the ongoing nature of allowed to target civilians unless However, Hezbollah publicly ad- The conflict between Hezbollah the hostilities, some argue that the the civilians are participating in opted the rule that if Israel does not and Israel is no different; both sides small scale violence does not justify military activities. follow the laws of war, Hezbollah have sharply competing narratives. the large scale invasion; many think Prof. Combs explained that would not either. The truth of these narratives affect that Israel used the kidnapping as a states have an obligation of due Hezbollah used thousands of the way that rules could be ap- pretext to begin a war. However, care to make sure their targets are poorly targeted rockets to shoot plied. Each side tends to present Prof. Combs noted that this area of military targets and to minimize into urban areas. Some of the more its side in a way that would sug- the law is undeveloped. For that civilian casualties. Indiscriminate accurate ones were used to shoot gest its actions were legal and the reason, it is unclear what would attacks are illegal. If a state uses a hospitals, which suggested that it other side’s were illegal. This has happen if the issue was litigated. weapon that cannot be sufficiently might have been on purpose. If been a common aspect of warfare Prof. Combs then discussed targeted, or if it treats a large area these allegations are true, Hezbol- throughout the centuries. Accord- Jus in bello. She explained that containing many military objec- lah is guilty of war crimes. ing to Prof. Combs, there are two there are many restrictions on the tives as one military objective, According to Prof. Combs, major concepts to consider when way that states are expected to hurting civilians, that is illegal. there are three allegations of war discussing international laws that carry out warfare. Some sorts of For example, a state cannot just crimes against Israel. It is alleged apply to warfare. Jus ad bellum weapons are not allowed, because take out an entire city because the that they failed to distinguish refers to when a participant can use they inflict too much pain. Others city contained many military tar- military and civilian targets, force in the first place. Jus in bello restrictions have to do with how gets. It is obligated to target only made indiscriminant attacks, and refers to the way a participant can operations are carried out, like how the military targets within the city. disregarded proportionality. For conduct warfare. high pilots can fly airplanes. There Here too there is a proportionality example, Israel targeted all Hez- First, Prof. Combs discussed are also rules about the treatment of principle. Even if a state is targeting bollah members. Hezbollah is a Jus ad bellum. She explained that noncombatants. Prof. Combs said a proper military target, the state political party that also provides Article 2.4 of the United Nations the basic idea is that states must be must consider whether destroy- social services. It runs orphanages Charter prohibits states from using “nice” to noncombatants. ing the target will hurt civilians. and hospitals. Some members of force, although there are excep- Prof. Combs said that in the They must weigh the probability Hezbollah were not combatants, but tions. If the state faces an act of conflict between Israel and He- and amount of harm to civilians evidence suggests that Israel did not aggression, the Security Council zbollah, most of the controversy against the military advantage. A distinguish between military and can authorize force. For example, was over the weapons requirement proportion of small advantage to civilian Hezbollah targets. the Security Council authorized and the requirements for proper widespread civilian harm is not Israel did drop leaflets telling force against Iraq when it invaded targeting. There is a distinction acceptable. people to evacuate the areas they Kuwait. Article 51 of the Charter between military and civilian tar- The defensive participant also were planning to bomb, which allows self-defense if an armed at- gets. States are allowed to target has obligations to protect its own was required by international law. tack has occurred, until the Security military targets, but not civilian civilians. States are not supposed to Continued on pg 4. News 4 Wednesday, November 8, 2006 Israel, continued from pg 3. hundred fifty apartment buildings also to look for alternative ways to hostilities, right before the cease- However, some leaflets said things were destroyed and one hundred achieve military objectives. Some fire, in order to prevent Hezbollah like “Any vehicle on this road on fifty damaged. This evidence argue that Israel did not do this. from coming back. this day will be hit.” Prof. Combs suggests that Israel violated in- Israel targeted many roads and Prof. Combs concluded the said that that is still a violation of ternational law. However, Israel bridges, which are legitimate mili- lecture by noting that it is not the obligation to distinguish. Even claims that Hezbollah put weapons tary targets. This prevented evacu- clear what actions could be taken though a state has warned people, and other military supplies in with ation of civilians and humanitarian against Israel or Hezbollah if either civilians are not obligated to leave all the civilians. Israel claimed that aid from the outside being brought was found to have committed war their homes. Some cannot leave. missiles were concealed in convoys in. Prof. Combs informed students crimes. The International Criminal Israel was still supposed to try to and apartment buildings. There is that the Human Rights Committee Court does not have any authority find out whether noncombatants are some video to support this. tried to investigate whether Israel over them because neither Israel nor in a car. A state cannot just say the However, many Lebanese said targeted roads or bridges that were Hezbollah is a member. The only noncombatants were warned and that they were bombed when there not necessary to their military ob- way they would have to go before then shoot anyone on the road. were no Hezbollah members or jectives but said that there was not the court would be if the Security Prof. Combs maintained that weapons around them. It is really a lot of information forthcoming. Council referred them, but Prof. there were tremendous amounts of unclear which side is telling the Israel also used cluster bombs, Combs thought the United States civilian damage during the conflict. truth. Israel was not allowed to which cover a wide area. Many do would veto that decision. Other In Lebanon, thousands of build- justify its actions because of the not go off at the time they are thrown states could choose to prosecute ings, including homes and apart- presence of a small amount of and may blow up an innocent civil- individuals if they caught them in ments, were destroyed or damaged. weapons or Hezbollah in a large ian later. It is argued that the use their own country. After pointing Twelve hospitals were destroyed civilian area. It was required to look of cluster bombs is indiscriminate. out the difficulty of that action, and forty damaged. There were at the proportions of the weapons It has been alleged that Israel used Combs opened the floor to ques- strikes on evacuating convoys. One and Hezbollah to the civilians, and most cluster bombs at the end of the tions from the audience. Stumbling into a Career in Sports Law

by Kelly Pereira trajectory. He graduated from Bos- News Editor ton University Law after receiving an accounting degree from William Corresponding with William & Mary. He was hired as a tax attor- & Mary Homecoming, Richard ney by a large accounting firm, just A. Karelitz, Esq., took time out of as his mother had dreamed for him. celebrating his 35th undergradu- The story could have ended there, ate reunion on Friday, Oct. 27, to but Robert Kraft happened to be a speak to law students about sports client of the firm. Kraft had just lost law. Karelitz has been General his General Counsel and requested Counsel of the Kraft Group for an attorney from Karelitz’s firm on Karelitz (College W&M '71), General Counsel of The Kraft Group, over thirty years. The Kraft Group a temporary basis. It turned out to sports his half pound Super Bowl ring. Kelly Pereira // Advocate. is a family enterprise that runs an be a good match, and Karelitz left Karelitz shared that Kraft’s staff, including the dishwashers. international paper and packaging his firm employment (much to his success is due to his commitment After the remarkable success of company and also owns the New mother’s chagrin but at his wife’s to quality, personnel, and fans. The the team, Kraft issued rings only England Patriots (National Football encouragement). Kraft Group negotiated with the to players and critical staff like League), the New England Revolu- It turned out to be a lucky state of Massachusetts to provide Karelitz (for the lecture, Karelitz tion (Major League Soccer), and gamble. Kraft’s business grew from $70 million in infrastructure in or- wore his five carat, half pound ring, Gillette Stadium in Foxborough, domestic to international (now in der to build a new stadium, Gillette commemorating the 2005 win with Massachusetts. 80 countries). As Kraft grew more Stadium (effectively keeping the three studded Vince Lombardi tro- In his opening remarks, Kare- successful, he made investments team in-state, rather than moving phies, but he admitted that he does litz stressed that the way to become according to his personal interests. to Hartford, Connecticut). The not always wear it). a successful sports lawyer is to Kraft first bought the parking lot old stadium was built for only $6 Karelitz shared that he had become a good lawyer in general surrounding Foxboro Stadium and million while the bathrooms of the recently participated in a panel by taking classes and gaining ex- then bought the stadium itself. The new stadium alone cost $25 million. in Boston about sports law. The perience in a number of different then-owner of the Patriots intended The stadium was built for $325 common theme between himself practice areas. Karelitz also pointed to move the team to St. Louis, but million total. It is one of only three and the counsel to the other major out that there are few jobs in this it was the rent agreement with privately-owned stadiums. athletic teams in the city was that area, so it is especially important the stadium that kept the team in Remarkably, Kraft used private they had been in the right place at to gain experience. The Kraft Massachusetts. In 1994, Kraft financing but refused to sell seat li- the right time or knew someone. Group tends to hire laterals who bought the team for $173 million, censing which would have created a Karelitz suggested that entertain- have practiced for 3-6 years and without the risk of not having a monopoly of season ticket holders. ment law may be a good place for have benefited from training at a place to play because he owned The stadium was completed early an aspiring sports lawyer to work. large firm. Karelitz said that there the stadium, but with the risk of and has been catering to sell-out Advertising is a good way to get are only six lawyers on his staff, owning a team that had not won crowds. The Patriots won three involved in sports. Marketing is but that he (as the “gatekeeper”) any championships (Karelitz said Super Bowls in four years: 2002, very important to the Patriots, who outsources $2-3 million in legal he would have advised against it, 2004, and 2005. After the first have a Chinese website and will work each year. but “that’s why he is where he is, Super Bowl, Kraft gave authentic Karelitz tracked his own career and I am where I am”). Super Bowl rings to all fulltime Continued on pg 5. News THE ADVOCATE 5 Circulation Supervisor Steve Blaiklock handles the grill at the 'Hal- loweiners' event sponsored by the Law Library and Westlaw. Joelle Virginia "Marriage" Laszlo // Advocate. Amendment Explained by Meghan Horn alike which go far beyond banning Staff Writer same-sex marriage. Mr. Squires described the re- On Oct. 30, in a forum spon- sponse in Ohio after a constitutional sored by the LGLA at the law amendment similar to this one school, Jay Squires discussed was passed in 2004. Although the the proposed Marshall/Newman stated purpose of the Ohio amend- Amendment which seeks to define ment, like the Marshall/Newman marriage as between a man and a Amendment, was merely to define woman as well as to repudiate any marriage, the amendment has been domestic partnership agreements. put to use in myriad unpredicted Mr. Squires is Chair of Equality ways. Most notably, Mr. Squires Virginia, a state lobbying, educa- described how criminal defense at- tional, and advocacy organization torneys have used the Ohio amend- seeking to promote the rights of ment to argue that in domestic lesbian, gay, transgender, and bi- violence cases where parties were sexual individuals. Mr. Squires is unmarried, the defendants could not also Campaign Chair for the Com- be prosecuted because that would monwealth Coalition’s campaign be recognizing the relationship as to defeat the Marshall/Newman marriage. This argument received Amendment. Mr. Squires’s legal mixed results at both the trial and background is as a criminal defense appellate levels and is currently on attorney. appeal before the Ohio Supreme The Marshall/Newman Amend- Court. ment, commonly known as the In addition to impacting the Virginia “Marriage” Amendment, prosecution of domestic violence has two discrete parts, Mr. Squires cases, Mr. Squires posited that, if Sports Law, continued from pg 4. Another surprise was that Kare- explained. The first sentence reads passed, the “Marriage” Amend- litz stated that being a sports fan “that only a union between one man ment could have affects on health play a preseason game in China or a former athlete may hurt you and one woman may be a marriage care benefits for unmarried couples, next year. The Kraft group has also when pursuing a job with General valid in or recognized by this Com- as well as wills, trusts, and power of launched a “Gridiron Grillers” line Counsel. Karelitz said that sports monwealth and its political subdivi- attorney issues. Mr. Squires noted to corner the market on tailgating lawyers have to demonstrate their sions.” This sentence is not unlike that, although there is no way of parties. priorities and show that they are many proposed measures seeking predicting with any certainty that Another suggestion for aspiring not going to use a job for personal to ban marriage between same-sex the Amendment will be used in any sports lawyers is to take Alternative reasons. “Sports lawyers are cyni- individuals. of these ways, the ambiguous and Dispute Resolution. Karelitz said, cal. It’s the nature of the business,” The second and third sentences, confusing manner in which it is “It should be a required course . said Karelitz. Karelitz did concede however, read, “This Common- written assures that a great deal of . . If you go to court nowadays, that fans and athletes would have wealth and its political subdivisions litigation will be filed on it. everybody loses.” His own work an advantage, on the other hand, in shall not create or recognize a legal As Mr. Squires said, “It is not involves a lot of commercial as- pursuing a job as a sports agent. status for relationships of unmar- necessary to be an advocate for sessment and problem prevention. A student asked Karelitz wheth- ried individuals that intends to same-sex marriage rights to oppose Karelitz also said that taking spe- er he thought the New England approximate the design, qualities, this Amendment,” as the Amend- cifically sports law classes is not Revolution was only a side project. significance, or effects of marriage. ment will impact contracts and recommended. He suggests taking Karelitz said that Major League Nor shall this Commonwealth or agreements between same-sex and courses that you find interesting, Soccer is a work in progress but its political subdivisions create or opposite-sex couples alike. not because you think they will worth pursuing nonetheless. What recognize another union, partner- At this time, Mr. Squires said help you out later. the Kraft Group has discovered is ship, or other legal status to which that polling indicates that the state Surprisingly, Karelitz’s con- that soccer plays better in smaller, is assigned the rights, benefits, is split on this Amendment. He tract work is not substantial because family-oriented venues. The Kraft obligations, qualities, or effects of posited that the Amendment will the players’ union has generated Group is looking into building a marriage.” These sentences, Mr. ultimately not be passed, citing a form contract. Karelitz noted, soccer stadium in Boston to seat Squires explained, are likely to Virginia voters’ general disinclina- however, that he was responsible 20,000. have long-lasting and devastating tion to change the constitution in for putting a rider in former Patriot Another question concerned the results for gay and straight couples unpredictable ways. quarterback Drew Bledsoe’s con- decision of the College to give up tract prohibiting him from hang the Tribe logo to comply with an (Karelitz shared that in the 1970s, tainment Law Society, Dean Lewis gliding. Karelitz also negotiated NCAA ruling. Karelitz said that he was one of only 100 Jewish noted that there is an international a backup deal whereby linebacker he vehemently opposed this deci- students at W&M). Sports Law Association. Karelitz Tedy Bruschi would have served sion and that the NCAA ruling was At the conclusion of the lecture said that this was news to him, as a team ambassador had he not moot. It might have been important sponsored by the Office of Career but he is willing to answer student recovered from a stroke. decades ago but is no longer valid Services and the Sports and Enter- questions and provide advice. News 6 Wednesday, November 8, 2006

Campaign Finance, continued copyright, and tax. The spending of perform audits and assess voting Chairman Toner demonstrated his from pg 2. that money, particularly on adver- methods in different districts. commitment to extending those paign lawyers not only deal with tisements, requires examination of In short, the field offers many opportunities to W&M Law by finance issues but also work on First Amendment issues. From the opportunities for young lawyers to encouraging students to contact matters related to payroll, contracts, regulatory perspective, attorneys get experience in a variety of areas. him at the FEC at anytime. Sekulow Brings Knowledge, Experience to Law School by David Benatar groups to have equal access to Staff Writer public facilities, and the rights of public school students to form and participate in religious organiza- On Tuesday, Oct. 31, Jay Seku- tions, according to the American low, chief counsel for the Ameri- Center for Law and Justice web- can Center for Law and Justice, a site.2 His area of expertise is in religious liberties public interest religious liberty litigation. organization, spoke before ap- Sekulow discussed his role in proximately 70 students and faculty several of the cases he has been members in a talk entitled “Public involved in, such as McConnell v. Morality, Individual Rights, and FEC, involving some provisions 3 the Constitution: Old Challenges of McCain-Feingold. In the case, Jay Sekulow of the American Center for Law and Justice speaks to for a New Supreme Court.” Sekulow won a unanimous decision members of the law school community. Joelle Laszlo // Advocate. Sekulow, a highly successful that granted minors the ability to attorney who has argued several participate in political campaigns. of only four lawyers outside the social issues. “Almost 70% of prominent cases before the Su- “I fielded 29 questions in ten min- Administration to advise Bush on people say no to gay marriage, but preme Court, discussed pertinent utes from the Court,” said Sekulow. his picks, “At the end of the day, it 55% support civil unions. It is all issues in today’s highly charged “Afterwards, Justice Ginsburg ap- is [the President’s] call.” Sekulow about perception and timing,” he political climate, including partial proached me and said that the part discussed several other candidates said. Once again, as in the abor- birth abortion, public displays of of the case I argued was the only for the Court who were considered, tion cases, Sekulow felt that Justice the Ten Commandments, and gay provision of the law [the Justices] among them Mike Luddick, Mike Kennedy would be the swing vote marriage. Sekulow highlighted understood.” McConnell, Priscilla Owen, and on this issue, and he predicted that the importance of social issues Sekulow focused his talk on Janice Rogers Brown, all of whom the Roberts Court would hear many in the Court. “The two big cases three critical moral topics: partial would “make great Supreme Court cases involving marriage over the before the Court this term will be birth abortion, the Ten Command- Justices.” coming years. on partial birth abortion and racial ments, and gay marriage. He In the Ten Commandments Afterwards, Sekulow fielded quotas,” said Sekulow. “Abortion discussed the partial birth abortion cases, Sekulow argued that it is not questions on his role in helping and gay marriage will be prominent case that will be heard this term, Kennedy who is the swing vote, but President Bush select Supreme on the Court’s agenda for the next the first abortion case that Roberts Justice Breyer. “There are so many Court Justices, equal protection twenty years.” and Alito will hear together. “This of these cases being litigated . . . analysis, and the role international Sekulow has been named one case will be decided by Justice the decisions have not been consis- decisions in other courts should of the hundred most influential Kennedy,” said Sekulow. “This tent.” Sekulow used the Ten Com- play in Supreme Court decisions. lawyers in the United States by is the most significant substantive mandment cases to support his view Students left feeling a bit more the National Law Journal and was abortion case the court has taken in that the “head count” matters in educated on all these issues having named one of the 25 most influential six years.” However, he cautioned terms of Supreme Court decisions. heard from someone who has expe- evangelicals in the United States by that the Roberts Court will be de- “The Justices that are sitting on the rienced litigating them firsthand. “I TIME Magazine in 2005.1 fined by incrementalism, and that Court matter,” remarked Sekulow. really enjoyed hearing Mr. Sekulow “I have never argued a dull he “would not be surprised if the “My side feels better about Alito speak,” said LaToya Gray (1L). case but have sat through many entire discussion centers around being on the Court.” “He was engaging, knowledge- of them,” claimed Sekulow. His Congressional fact finding and Sekulow discussed gay mar- able, and straightforward. It was record points to the many landmark what deference is due Congress.” riage when it comes to the judiciary refreshing to hear someone with cases he has argued. Sekulow has Roe v. Wade, he said, “probably and legislature, and the recent De- a different viewpoint on social, a prestigious legal career, having will not be discussed.” fense of Marriage Act. He argued moral, and legal issues.” argued many controversial issues Sekulow also discussed the role that, in the current political climate, The Sekulow speech was spon- before the Supreme Court, includ- he had in helping President Bush supporters of gay marriage could sored by the Federalist Society, ing cases involving the free speech select the two most recent Justices not win under the legislative pro- rights of pro-life demonstrators, the to the Supreme Court, Roberts and cess, and that public policy and constitutional rights of religious Alito. Even though he was one perception matter in controversial Continued on pg 7. 1 Compiled by David Van Biema, Cathy Booth-Thomas, Massimo Calabresi, John F. Dickerson, John Cloud, Rebecca Winters, and Sonja Steptoe, “The 25 Most Influential Evangelicals in America,” TIME, February 7, 2005 issue. 2 http://www.aclj.org. 3 McConnell v. FEC, 251 F. Supp. 2d 176 (D.D.C., 2003). News THE ADVOCATE 7 Death Penalty Abolitionists Speak at Panel D i s c u s s i o n

by Brooke Williams a lesser penalty than death. death penalty all his life and was odontologists that testified at Mr. Contributor Greg Wilhoit was wrongfully not about to change his beliefs just Wilhoit’s trial. convicted and served five years because he was on the business end Mr. Wilhoit was granted an On Oct. 23, the Christian Law on death row in Oklahoma. This of a death sentence. Apparently he evidentiary hearing based on this Society and Students for the In- is his story: Mr. Wilhoit and his was the only one on death row who new evidence. The judge found as a nocence Project hosted a panel wife had been separated for three felt this way—imagine that! Mr. matter of fact that the new evidence discussion by death penalty op- weeks when she was murdered. Wilhoit continued to feel this way was compelling and that this issue ponents. The Journey of Hope is The police had identified a bloody for the first three years he spent on should have been raised by the trial an organization of volunteers con- print at the crime scene, but it was death row. attorney. The judge found that Mr. sisting mostly of family members not Mr. Wilhoit’s, and the police Eventually, the state of Oklaho- Wilhoit should receive a new trial of murder victims opposed to the never found any physical evidence ma appointed him a public defender based on ineffective counsel. After death penalty. or DNA connecting him to the for the purposes of his appeal. His five years in jail, Mr. Wilhoit was Murder victims’ family mem- murder. new attorney decided that his first finally released on bond pending bers ought to be at the core of our Eight months after the murder, action would be to examine the a new trial. thoughts when establishing public Mr. Wilhoit was arrested. The po- bite mark the state had matched The new trial court judge policy. One reason for the existence lice had gotten probable cause for to Mr. Wilhoit. The prosecutor’s banned the prosecutor’s original of the Journey of Hope is to prove to the arrest from bite mark evidence office at first refused to turn the experts from testifying at the new prosecutors and the world that not collected from his wife’s body. Two evidence over, and it took them a trial; neither one of them were every murder victim’s family wants forensic odontologists agreed that long time to finally do it. This is qualified as experts in the field of the accused to die. The Journey that bite marks on his wife’s body not uncommon—prosecutors and forensic odontology. The first ex- of Hope’s mission is to inform the matched his dental records. His the government they represent do pert had been out of dental school public that the death penalty is not lawyers told him that he should not like convictions overturned or less than six months when he testi- all it is cracked up to be and should make a deal with the prosecutor admitting that they were wrong, fied at the first trial, and the second be abolished. because the bite marks were very even at the expense of the truth and expert was not really a practicing Virginia has had at least one damning evidence. He refused be- the lives of wrongfully-convicted dentist but rather a professor of wrongful conviction in which the cause he did not want to plead guilty persons. ethics at a dental school. At the defendant had been sentenced to to something he did not do. Mr. Wilhoit’s attorney sent end of the prosecutor’s case, Mr. death but later exonerated. Ac- Mr. Wilhoit then hired another the bite mark evidence to twelve Wilhoit’s attorney made a motion cording to Randy Tatel, State Death lawyer who was supposed to be the experts who were to examine the for a directed verdict of innocence. Penalty Abolition Coordinator, best criminal defense attorney in evidence blindly. This means The judge granted the motion. Virginia’s death penalty system the state. Little did he know that that each expert gives his opinion Although Mr. Wilhoit was able is “broken and racially biased.” his new attorney was no longer without knowing whether he is to lead a productive life after be- According to him, the number the best; in fact, he was a drunk working for the prosecutor or the ing released, not every exoneree one factor in whether a prosecutor and drug addict who had brain defense and also without knowing is so lucky. Mr. Wilhoit met Ron requests the death penalty is the damage from a recent car accident. what conclusions other experts Williamson in prison and became color of the defendant. He had just been sanctioned by the have developed. Then the conclu- close friends with him. Mr. Wil- One of the main problems with Oklahoma Bar and did not have a sions were collected, shuffled, and liamson was another wrongfully- Virginia’s death penalty system is license to practice law when he resent to the twelve experts, also convicted man and the subject of that the average time spent on death took the case. blindly, so that each conclusion John Grisham’s first non-fiction row in Virginia is 6.1 years; the The new lawyer refused to get could be reexamined by a differ- book, The Innocent Man. Mr. Wil- average is 9 years in other states. a continuance, even though he had ent expert. Each expert found at liamson did not adjust well after Other than Texas, Virginia has the taken the case only three weeks least twenty discrepancies in the his release and died two years later shortest time interval between con- before the trial was scheduled to original findings of the forensic Continued on pg 8. viction and execution. Virginia is begin. In hindsight, Mr. Wilhoit also second in terms of how many realized that he should have known Public Morality and Individual political spectrum are welcome defendants have been executed something was wrong when his at- Rights, continued from pg 6. to come to the Federalist Society since the reinstatement of the death torney took a capital case for only events. The Federalist Society penalty in 1976. $2500. The attorney promised a the law school’s conservative and hosts a variety of speakers through- This shortens the time an inmate hung jury but did not investigate libertarian group. “Jay is an aca- out the year, as well as several and his attorneys have to appeal the in any way or challenge any of the demic but also a practitioner. He educational and social events. For conviction or possibly prove he was prosecutor’s evidence. Mr. Wilhoit can give a hands-on perspective on more information on the Federalist wrongfully convicted. One study was the only witness in his own the Court and has a lot of personal Society, please contact Will Sleeth conducted by Columbia School of defense. The jury convicted him stories related to the cases he has at [email protected], or visit the Law found that, nationwide, two in less than three hours. argued before the court,” said Will Federalist Society’s national web- out of three death penalty cases While on death row, he was Sleeth (2L), Vice President of the site at www.fed-soc.org. For more have been overturned since the assigned to cell 13, and spent 13 Federalist Society. “He is an expert information on Jay Sekulow, please death penalty reinstatement, and in Friday the 13ths in that cell (he is on morality and religious liberty is- visit the website of the American over 80% of retried death penalty a very superstitious man!). Mr. sues. We were glad to host him.” Center for Law and Justice at www. cases the defendant is sentenced to Wilhoit had been a proponent of the Students from all sides of the aclj.com. News 8 Wednesday, November 8, 2006 1L Writes First Scientific Study of Presidential Rhetoric in Lead-up to Iraq War

by Aaron C. Garrett duct his analysis, Kennedy-Shaffer Committees, and the White House the White House website, which Contributor first limits his study to three distinct itself, and then comparing the infor- were selected for public consump- periods of time. The first, which he mation in those documents to the tion by the White House itself. If Alan Kennedy-Shaffer, the calls the “Pre-War Period,” starts statements made by Administration anything, he argues, limiting the author of Denial and Deception: A on September 11, 2001 and con- officials. Crucial to his study is documents selected in this manner Study of the Bush Administration’s tinues up to the middle of March that Kennedy-Shaffer limits this would skew the analysis in the Bush Rhetorical Case for Invading Iraq, 2003. The second, called the “War comparison to documents that were Administration’s favor. held a book signing at the William & Period,” runs from the middle of available to the Administration In spite of these “favors” given Mary Bookstore on Thursday, Nov. March 2003 until the infamous prior to when the statements were to the Administration, Kennedy- 2. While Kennedy-Shaffer’s title “MISSION ACCOMPLISHED” made. The misleading statements Shaffer reaches some damning may belie his political orientation, speech at the beginning of May are then tallied according to certain conclusions. He concludes that the book proves to be an interesting 2003. The third, called the “Oc- pre-determined categories, such President Bush and other high- study of the power of presidential cupation Period,” runs from May as Weapons of Mass Destruction ranking Administration officials rhetoric and provides a concise 2003 until the State of the Union (WMD), Saddam Hussein’s links manipulated public opinion with recount of recent political history. address in 2006. to Al-Qaeda and international ter- literally dozens of misleading state- Denial and Deception will either After identifying these periods, rorism, the time requirement for ments during the Pre-War Period, anger or invigorate its reader, but Kennedy-Shaffer breaks down the Operation Iraqi Liberation (later which translated into the backing it any writing that can provoke such periods into individual weeks. He changed to Operation Iraqi Free- needed to press Congress into sup- visceral response is a success. assigns each week using a comput- dom), and others. porting the war. According to Ken- Kennedy-Shaffer is a Fea- erized random number generator, Kennedy-Shaffer admits that nedy-Shaffer, the Administration’s tures Editor for The Advocate. He and then randomly selects seven he is not able to evaluate all of the spin machine was in high gear purports that his book is the first from each period to evaluate. Ken- information available to Admin- during the War Period. While this quantitative analysis of the Bush nedy-Shaffer then analyzes each istration officials at the time the is the shortest period he analyzes at Administration’s rhetoric relating document available on the Iraq statements were made because he just under two months, it produces to the Iraq War, and he seems to be War section of the White House’s is limited to declassified files. He the greatest number of misleading correct. Kennedy-Shaffer limits his website for what he calls “mislead- does not believe that this should statements. Kennedy-Shaffer at- analysis to presidential speeches ing statements.” A statement is significantly affect his study, how- tributes this to the need to build and those of other high-ranking misleading if it was made contrary ever, because the Administration a foundation for statements made Administration officials. Aside to information of which the White benefits from declassifying only in the Occupation Period creating from the President, he focuses on House was or should have been the most favorable intelligence. alternate justifications for the war, statements made by Vice President aware at the time the statement Additionally, Kennedy-Shaffer since it was becoming clear by Dick Cheney, Secretary of Defense was made. He comes to this con- attempts to insulate his study from the end of the War Period that the Donald Rumsfeld, and National clusion by analyzing intelligence selection bias through the random- supposed WMD were not going to Security Advisor/Secretary of State documents produced by the CIA, ization process and by limiting his Condoleeza Rice. In order to con- House and Senate Intelligence study to documents available on Continued on pg 12.

Abolitionists' panel, continued sons wanted to find the other men from pg 7. who had killed Donald and take revenge, but Mrs. Crutcher would from a smoking-related illness. not allow them to do so. Vera Cruther’s son, Donald, Even after all that she has suf- was murdered. He was killed fered, Mrs. Crutcher is an opponent outside of a house where he was of the death penalty and member attending a party, right down the of the Journey of Hope. She does street from his parent’s home. He not want the state to kill someone was killed because he was trying else in her name, and she requests to protect his girlfriend from be- that we as law students work to ing assaulted by several men who change the system. She hopes for had attempted to attack her. Mrs. a miracle—that the death penalty Crutcher and her husband were will be abolished in her lifetime. not even allowed to view the trial She is 72 years old. because the judge ruled that their Since 1976 when the death presence was too prejudicial. penalty was reinstated, there have Only one person was convicted been no known cases in which an for murdering Donald Crutcher, innocent man was put to death. and he was sentenced to only seven Still, there are several reasons On Oct. 26, the Wythe Society sponsored an event entitled “Saving years in prison. That person eventu- why the death penalty should be Your Soul: Roles for Lawyers (and others) in the Nonprofit Sector.” ally got out of prison and was killed abolished. Death is final and does Greg Werkheiser and Marion Forsyth (not pictured), co-founders of when he tried to assault a pizza de- not allow for rectification—wrong- the Phoenix Project, spoke about thier non-profit experiences. Image livery man. Mrs. Crutcher’s other Continued on pg 12. courtesy Nicole Sornsin. News THE ADVOCATE 9 We Know What You Did Last Summer… Every year the Public Service Fund, in cooperation with the Law School, provides financial support to a large number of William & Mary students during the summer so that they can pursue opportunities with government and public interest organizations. Each issue of The Advocate will feature stories authored by the sponsored students. Working with the U.S. Attorney's Office: A fascinating experience made possible through PSF

by Cara Goeller of a conversation between a police my interest in immigration law and Marshals Service. Each agency had Contributor informant and two local drug deal- asylum laws in particular. a unique mission within the federal ers. The first few times I listened to In addition to the legal research legal system, and the individuals This past summer I was for- the tape, I was able to decipher only assignments, we interns were we met with were passionate about tunate enough to work at the a few words, but I slowly learned encouraged to sit in on as many implementing their respective mis- United States Attorney’s Office in the language and the street names legal proceedings as we could to sions. Visiting with these agencies Wilmington, Delaware. The of- for various things and people. broaden our understanding of the allowed me to understand how the fice is home to both the civil and After about a week I was able legal system. We were able to sit federal agencies work together to criminal divisions in the District of to transcribe the tape. The work in on prisoner proffers, depositions, safeguard the community. Delaware. With about twelve at- was tedious and frustrating, but I inter-agency meetings, and a vari- We were also fortunate enough torneys on staff, the three summer thought it was fascinating, and I ety of court hearings. The court to be able to visit with all of the interns were a welcome addition to appreciated the exposure to a major hearings were probably the most District Court Judges. The District the office. The office environment case the office was pursuing. This beneficial. I was able to see nearly of Delaware has four District Court was congenial and conducive to case was reflective of the office’s every type of hearing including Judges. The range of personalities learning. Nearly all of the office ability to have an immediate impact initial appearances, sentencings, and approaches to their jobs was doors remained open throughout on the local community. My last guilty pleas, change of pleas, and astounding. All, however, recog- the day, and the attorneys were assignment, however, was more motions in limine. Because many nized their role in the legal system more than happy to speak with the indicative of the office’s national of the government’s cases settle, and their ability to effect change interns. Working under a single focus and influence. This assign- the office only takes, on average, in the community. The Judges supervisor (who loaned us out to ment was an appellate brief for an two cases per month to trial. Dur- also all spoke about the isolation the other attorneys as needed), we asylum case in which a young Al- ing my internship, one case went associated with being a Judge and were immersed in the federal legal banian woman was seeking asylum to trial and we were able to sit in how they individually coped with system through daily legal research to escape from men she claimed on the whole process, including these feelings. Speaking with and writing assignments, frequent were going to kidnap her and sell the jury selection. Observing them was a unique experience and visits to the federal courthouse, her into prostitution. I was able to both the in-court and out-of-court furthered my understanding of the visits with several federal agen- read through her application and the proceedings was educational and legal process. cies, and informal meetings with supporting materials, as well as the informative. The range of experiences that the District Court Judges. legal documents that had been filed. Our supervisor also set up a I got this summer was incredible. My assignments varied, but The case was intriguing and heart- number of visits with federal agen- I am grateful to have had this the most fascinating assignments wrenching as the young woman cies. These included the Office of opportunity, and I would like to I received happened to be my first had not met the legal standard for the Medical Examiner, the Secret thank the Public Service Fund for and last. The first assignment I was asylum and was going to be sent Service, Probation and Pretrial the generous funding that made it given was to listen to a recording back to Albania. The case piqued Services, and the United States possible. A Fulfilling Public Sector Experience with the Virginia Legal Aid Society

by Megan Clark knowledge about what services of my work with Legal Aid dealt people who were seeking divorces Contributor were provided. Although I knew with clients desiring to divorce for a variety of reasons. I gained that Legal Aid served the indigent their spouses. The Legal Aid of- a better understanding of these The summer after my first people of a given community, I was fice I worked in was located in people as they told their various year of law school, I decided that unsure about the types of cases I my hometown, and I had no idea stories about their marriages, their I wanted to work in the public sec- would be dealing with. Fortunately, that so many people were in such lives, and how Legal Aid has helped tor. I spent time working in the I was exposed to a number of dif- unfortunate marital situations in them with their many legal issues. Farmville office of Virginia Legal ferent practice areas including (1) the area in which I lived. I quickly Being that Legal Aid only serves Aid Society, Inc., and as a whole uncontested, no-fault divorces, (2) learned that, in uncontested no-fault indigent people, it was interesting my experience was a pleasurable landlord-tenant disputes, (3) child divorces, the majority of the work to learn how some of these people one. Throughout my time there, I support cases, and (4) adverse I had to complete was paperwork. have ended up in the socioeconomic gained both legal experience and possession of property. I was also Through dealing with the influx of positions they are in. This helped life experience through the people able to attend court proceedings divorces, however, I gained more to dispel some of the stereotypes I came in contact with. pertaining to some of these practice knowledge than simply about the lurking in my mind, as well as help Before beginning my work areas. divorce process itself. I also came me be a more empathetic person with Legal Aid, I had minimal I was surprised that the majority in contact with a variety of different Continued on pg 11. News 10 Wednesday, November 8, 2006

Legal Aid, continued from pg 9. of my work with Legal Aid dealt as a whole. experience in a variety of areas with clients desiring to divorce Through my experience at Le- because I was able to solidify some The summer after my first their spouses. The Legal Aid of- gal Aid, I was also able to improve of my beliefs about what types of year of law school, I decided that fice I worked in was located in my research abilities. I appreciated law I want to practice. I wanted to work in the public sec- my hometown, and I had no idea the variety of cases I had to perform I am very grateful for my tor. I spent time working in the that so many people were in such research tasks for, and I also ap- experience at Virginia Legal Aid Farmville office of Virginia Legal unfortunate marital situations in preciated having to utilize both my Society, Inc., and I believe that I Aid Society, Inc., and as a whole the area in which I lived. I quickly computer-oriented research skills benefited more from my work in my experience was a pleasurable learned that, in uncontested no-fault and my book-oriented research the public sector than I would have one. Throughout my time there, I divorces, the majority of the work skills. I believe that having to if I had worked for a firm. Person- gained both legal experience and I had to complete was paperwork. perform both types of research will ally, I am gratified through helping life experience through the people Through dealing with the influx of prove to be very helpful throughout people who are in need and who I came in contact with. divorces, however, I gained more the rest of my time at law school do not have the resources to obtain Before beginning my work knowledge than simply about the and any future clerkship I may such help. At Legal Aid I was al- with Legal Aid, I had minimal divorce process itself. I also came have, as I will have to continue to lowed to work with such people. knowledge about what services in contact with a variety of different perform research for a variety of I am not insinuating that people were provided. Although I knew people who were seeking divorces different topics. who work for law firms do not have that Legal Aid served the indigent for a variety of reasons. I gained Lastly, my experience at Legal such experiences, but I do believe people of a given community, I was a better understanding of these Aid provided me with my first that spending my summer working unsure about the types of cases I people as they told their various opportunity to be exposed to the in the public interest sector was a would be dealing with. Fortunately, stories about their marriages, their practice of law. Although I knew good fit for my personality. As I I was exposed to a number of dif- lives, and how Legal Aid has helped that I was interested in learning continue to learn about the legal ferent practice areas including (1) them with their many legal issues. more about our legal system when I system and as I search for summer uncontested, no-fault divorces, (2) Being that Legal Aid only serves applied to law school, I was unsure employment for 2007, I believe I landlord-tenant disputes, (3) child indigent people, it was interesting if I wanted to pursue a career in the will explore further opportunities support cases, and (4) adverse to learn how some of these people practice of law. After my experi- in the public interest sector. My possession of property. I was also have ended up in the socioeconomic ence with Legal Aid, I am pursing experience at Virginia Legal Aid able to attend court proceedings positions they are in. This helped the practice of law more vigorously Society, Inc. was a pleasurable one, pertaining to some of these practice to dispel some of the stereotypes because I know that it is something and it has increased my interest in areas. lurking in my mind, as well as help I want to do. I am also thankful serving the legal needs throughout I was surprised that the majority me be a more empathetic person that Legal Aid provided me with any community in need. News THE ADVOCATE 11 Upcoming Events discuss work-life balance issues, his wife, Mary. Beer and wine ing experts on voting rights and Look to this space for news the role of bar activities in building will be served. The Showcase will election law, the role of groups in about speakers and other ma- a practice, and the challenges of be held at 327 N. Henry Street at the democratic process, and the jor events at the law school. If working in a successful family busi- 7:30 p.m. relationship between diversity and your organization has an event ness. Her firm, Glover & Dahnk, democracy, will present a lecture in the next month you would represents clients in litigation, November 13 entitled “Dissenting by Deciding— like advertised, please e-mail arbitration, mediation, and admin- Lecture by Ken Fein- San Francisco’s Gay Marriage [email protected]. istrative proceedings in Northern berg, sponsored by Ameri- Decision, Teaching Creationism in Virginia. In addition to her busy can Constitution Society: the Schools, and Other Strategies practice, Dahnk recently served as Mr. Feinberg, administrator of the for Changing the National Con- November 8 the President of the Virginia State 9/11 Victim’s Fund, will speak on sensus.” The talk will take place Flu Shots: Health Center reps Bar. She and her husband, Bill mass tort reform in America. The in the Faculty Conference Room at will distribute flu shots in the law Glover ’86, continue to serve in talk will take place in Room 120 1:00 p.m. RSVP by noon on Nov. school lobby from 10:00 a.m. until various bar leadership roles. Her at 1:00 p.m. 14 to [email protected]. 11:30 a.m. The cost is $25.00 per informal presentation is sponsored person. by the Journal of Women & the November 16 November 17 BLSA Save Darfur Campaign Law and will take place in Room BLSA Thanksgiving Basket Dedication of Room 120 in As part of the SAVE DARFUR 133 at 1:00 p.m. Competition Judging: Get together honor of Timothy J. Sullivan: Campaign, William & Mary BLSA in your Legal Skills firm or other Event will take place in Room 120 chapter will be wearing red and November 11 organization and design a Thanks- at 4:00 p.m. preparing care kits to be sent to PSF Singer/Songwriter Show- giving basket with non-perishable Darfurian refugees. To donate a case: Members of the law school foods, gift certificates, and more. November 20 complete kit or individual items, community perform classic hits The firm or organization with the Robert Bauer, guest speaker for please bring your contribution to and original material. The list of best basket will win a pizza party the American Constitution Society BLSA’s table in the law school performers includes Steve B., Seth for the entire group. Judging will Robert Bauer, a partner from Per- lobby on Wednesday, Nov. 8 from Carroll, Michael Ciminesi, Ian take place in the lobby at 1:00 p.m. kins Coie LLP in Washington, D.C., 9-3 and Thursday, Nov. 9 from Hoffman, Richard Neely, Nathan If you have any questions, contact will speak about Congressional 9-3. Pollard, Tom Poole, Matt Roessing, Megan Clark at [email protected]. redistricting, campaign finance Leondras Webster, Will Woolston, Professor Heather Gerken, reform, and felony disenfranchise- November 9 and Daniel Zoller, with special ap- guest of the Institute of Bill of ment in this voting rights discus- Building a Law Practice Within pearances by Professor Erin Ryan Rights Law Student Division: Prof. sion. The talk will take place in the Family: Jeannie Dahnk ’85 will as well as Dean Brian Lewis and Gerken, one of the country’s lead- Room 124 at 1:00 p.m. News 12 Wednesday, November 8, 2006

Bush rhetoric study, continued was so effective in convincing the Abolitionists, continued from pg for life. Virginia has executed be- from pg 8. American public about the need to 8. tween 93 and 97 people since the remove Saddam Hussein because reinstatement of the death penalty. of the threat of WMD that, now With that money we could enact In the end of his book, Ken- that the message has proven to be more laws that actually prevent nedy-Shaffer follows the fall of largely false or misleading, the fully-convicted people cannot be crime, put the money in a victims’ President Bush’s public approval Administration and its Republican brought back after they die if the rights fund, and put more police rating and attributes this to one (and even Democratic) support- government finds out that it killed officers on the street to protect the overriding factor: the cumula- ers are having a hard time getting innocent people. public. tive number of casualties suffered away from those earlier statements. Contrary to popular belief, kill- These are some of the reasons by the American armed forces. Kennedy-Shaffer’s quantitative ing the defendant does not bring why Virginians for Alternatives Kennedy-Shaffer traces a direct analysis reveals this by showing the murder victim’s family clo- to the Death Penalty (VADP) and correlation between the increas- that, despite the fact that the highest sure, nor does it deter others from Journey of Hope members oppose ing number of American soldiers number of misleading statements committing similar crimes. Of the the death penalty in all cases. In who have died in Operation Iraqi were made during the War Period thirteen states that do not have the fact, they are leading the way in Freedom and the decreasing public in order to shift the public rationale death penalty, their murder rate is campaigning for the Governor of support for the President and the for the war, the public simply did 48-106% lower than the murder Virginia, Tim Kaine, to consent to Iraq War. Importantly, Kennedy- not buy it. This is precisely be- rate of the states that do. Texas’s a moratorium on setting execution Shaffer does not correlate this to a cause of the success in convincing murder rate has not gone down dates pending an exhaustive inves- decline in the support for American people about Saddam’s threat from even though it has killed the most tigation on how the state applies the forces overseas, but directly to the WMD. Kennedy-Shaffer hopes people since the reinstatement of death penalty. After the results of Administration itself. this irony will be actualized with a the death penalty (106 according the investigation are made available Complicating this grim real- Democratic takeover of Congress to a New York Times study and to the public, VADP and the Journey ity is an irony that continues to in the midterm elections. And he subsequent article). of Hope want Virginians to make haunt the Administration and the will not have to wait long to find The death penalty is not cost- the choice, by use of legislative GOP to this day. Kennedy-Shaffer out, as Nov. 7 is right around the effective. It costs more to kill avenues, to discontinue use of the postulates that the Administration corner. someone than to keep him in prison death penalty. Features THE ADVOCATE 13 Marshall-Wythe Student B-LAW-GS: A Tr i b u te to the Ho-House Faithful a direct quote is necessary here: by Michael Kourabas, Asim by being an extremely fast runner. of clothing while dancing. For all “My favorite Ho-House moment Modi, Features Editors, and (The Jet is often spotted as a blurry those excited by the last sentence, would have to be when Bon Jovi Nathan Pollard combination of grey Rutgers Crew there’s one caveat: this aforemen- comes on; that just beats out Will’s Staff Writer t-shirt and high-socks, sprinting tioned losing of dignity only really along Henry Street, as part of his ‘I Like Big Butts’ rendition. Even goes down when accompanied by Every Friday night, something grueling exercise routine.) How- though I’m not a New Jersey guy the Ho House “townie” contingent. magical—or highly disturbing, ever, the real story behind the it brings back college memories. Alison confirmed to BLAWGS depending on one’s point of view— nickname turned out to be far too Something inside hits me man. I that a video of her cozying up to takes place here in Williamsburg. scandalous to repeat here, so, I’ll love it. I am comfortable enough a townie on an otherwise empty No, it isn’t that Asim Modi actually just leave it up to your imagina- about my masculinity to say that.” dance floor during her birthday makes himself presentable, as even tions. I’m not sure anyone should be that bash does exist. YouTube viewers Friday nights don’t warrant such Not only is the Learjet a star comfortable, but, well, that’s the breathlessly wait. behavior. I am referring, of course, athlete with some notorious lin- Learjet. As for a Ho House highlight, to Karaoke Night at the Ho-House. eage, he is also lesser-known as Alison looks fondly upon a night Anyone with an ear to the street, a “punster.” For those of us born she did a dynamite rendition Del or audacious enough to brave the after the year 1600… well, nobody Amitri’s “Roll to Me” with her fel- scene each week, knows that some really knows what a punster is. low BLAWGS subject, Dan “Will of our fellow law students actually Evidently it is one who has a way Sleeth” Leary and 2L Jamie “Lacks live for this night. Here, we can with puns. And, at least according a Law School Doppelganger” Wat- only do our best to commemorate to his grandfather, the Jet is one kins. Though the song was well them. such man. Grandfather Leary has received, Alison was heartbroken said it is because of the Learjet’s to find that not only does Leary “straight face,” but how this relates only lip sync, he is also lousy at it to puns escapes this writer. and doesn’t even move his mouth Much of Learjet’s love for kara- to the words. “Roll to Me” might oke is borne out of his passion for be the song of Alison’s greatest his alma mater: the State U. of New Ho House triumph, but she’s got a Jersey. There, he memorized his solid catalog of songs she likes to Joelle Laszlo // Advocate. favorite tune (next to “Born to Run” perform. No song truly stands out, and “Shot Through the Heart,” of For those who might think that but Alison is big on the generic girl course)—the Rutgers fight song. just anyone can go and do karaoke favorites such as “Like a Prayer,” Thus, when warming up his vocals on a whim, Alison Stuart (2L) “It’s Raining Men,” and “Livin’ pre-Bon Jovi at the Ho House, one proves them wrong. With twelve on a Prayer.” might hear the Jet screaming: “Ra years of ballet and scores of frat Despite any ridicule she re- Ra, RU Ra Ra, Hoo Ra, Hoo Ra, parties under her belt, Alison has ceives from The Advocate’s “Don’t RUTGERS Ra, Upstream Red the perfect Ho House resume. She Take Me Too Seriously” guy, Ali- Joelle Laszlo // Advocate. Team, Red Team Up Stream, Ra has found that even though she son remains a Ho Houser through Dan “the Learjet” Leary (2L). Ra RUTGERS Ra” while pumping brings a certain amount of grace and through and has this bit of Most law students know enough his fist in the air. to both ballet and karaoke, the advice for those who aspire to Ho not to refer to this Irish-freedom- But what would this brief latter works far better when under House glory but are too nervous fighter’s-ancestor by his Christian piece be without revealing the the influence. Indeed, through to try: “Just ignore the haters and name, but rather to call him by his Learjet’s favorite Ho House mo- exhaustive research in the field, ‘do your thang.’ Also, make sure preferred moniker: “the Learjet.” ment? Everyone feels a certain Alison has found a direct correla- to have plenty of alcohol.” Yet, few are lucky enough to know bodily sensation when Bon Jovi is tion between how much she drinks the story behind this nickname. first heard on a Friday night. For and how much she loses control of Most people believe he earned it some, it’s nausea. For Leary? Well, her facial movements and articles Continued on pg 13. Marshall, Wythe, a n d M a v i c a by Joelle Laszlo of something prominently Staff Photographer visible on campus, cap- tured on floppy disk by The What happens when an Advocate’s 0.3 MP Sony old school digial camera is Mavica. Send guesses to discovered in the bottom [email protected]. Answers, of a file cabinet? A “guess- winning guesses, and a new the-photo” “contest” of puzzle will appear in the next course. Below is the detail issue. Features 14 Wednesday, November 8, 2006 B-law-gs, continued from pg 14. puts the Ho House alongside the particular scorn for the slow song why Will loves the Ho House, but Philadelphia Eagles and Tombstone performers because they clear off definitely another reason is the cheese pizzas in the pantheon of the dance floor (and they also bring pure joy and passion the Ho House things he loves. Will had no formal back memories of those contrived inspires in people. One Tuesday undergrad karaoke experience, but middle school dances and all the night, Dan asked Will what was he always had a love of rap music. awkward searching for a dance in three nights. Before Will could Then Will and his friends saw “8 partner once “On Bended Knee” reply, “The rerun of Thursday’s all- Mile,” and this love of music soon or “Wonderful Tonight” started new ‘Yo Momma,” Dan shrieked, turned into free styling around the playing). He will never forget the “The Ho House!” It was Tuesday apartment and writing his own lyr- time a woman tried to sing country night and Dan was already think- ics. When he came to law school, and, as the floor cleared out, Will ing about it—that’s why the Ho Will says, “I saw the karaoke and I saw Dan Leary exit with his head House is so great. As Will sees it, thought, wow, now I can rap.” low and a tear in his eye. For Will, he can eat a Tombstone any day of Will is constantly refining his nothing kills a Ho House night like the week, but the Ho House is only Ho House repertoire. His go-to country music and/or a wardrobe good on a Friday night and you got song is “Baby Got Back,” but he can malfunction. Who knew?! to savor it. also do “Golddigger” and “Yeah” Will’s Ho House highlight, like On behalf of Will, BLAWGS at the drop of a hat. He’s currently Alison’s lowlight, also involves a is running this Public Service An- perfecting his rendition of Skee- video. In Will’s case, after weeks nouncement: Will the “Tombstone Lo’s “I Wish,” so that’s definitely of prodding the DJ, he finally got Bandit” who buys up all the cheese something to look forward to. For “Golddigger” on the playlist, and pizzas at Target each Friday please Joelle Laszlo // Advocate. those of you who might want Will when he performed it, the dance cease and desist? Surely you would Though he is still coping with to change up his genre of choice, floor was packed with people rather leave a few boxes behind the insult of Dan Leary’s portrayal Will says he will only do hip-hop bouncing and doing whatever else rather than face the wrath of Ho of him during Halloween (“It was songs because people want to dance these young people do on a Friday Housers already embittered by horrendous”), Will Sleeth (2L) and he always gives the people night. His love of pleasing-the- the Eagles’ 4-4 record and Terrell agreed to tell us what it is that what they want. Will reserves masses-with-song is a big part of Owens. The Soul's Modern Crisis by Will Sleeth universal values grounded in hu- This view found its first practi- Contrary to Nietzsche’s assertion man nature, and man has a soul. that he provides a solution to the Contributor cal application in the writings of The upshot of this foundation Locke and Hobbes, and thus the problem of modernity, his thought was that the political order—the first modern governments were is the logical culmination of moder- polis—should be oriented towards founded upon the notion of modern nity. But there is a way out. It has become almost passé to the pursuit of man’s virtue. natural right. The crisis of modernity has pronounce the failure of modernity. Such an arrangement did not But it was not long until the opened up the possibility of a return Everyone from radical Islamists to come without costs. If virtue is arrangement ran into problems. to the pre-modern. By throwing off Nietzschean nihilists have com- man’s end, then wars will be neces- Realizing that the concurrent capi- the constricting strictures of moder- mented on the profound spiritual sary to preserve the virtuous city. talist arrangement could not fulfill nity and its natural evolution into crisis that the West finds itself in. If the soul should seek purity, then man’s spiritual desires, Rousseau Nietzschean nihilism, we can once Sayyid Qutab, the radical Egyptian those impeding such an endeavor proposed “history” as the source again take seriously the Socratic cleric who provided the spiritual must be restrained. The pre-modern of moral and political guidance. philosophical tradition as well as inspiration for Osama Bin Laden, worldview knew that man, while This second wave of modernity the Judeo-Christian tradition. Such advocated an Islam that rejects mo- capable of great philosophy and was then surpassed by Nietzsche’s a return would consist of a serious dernity, saying that radical Islam is reverence for the divine, was also third wave: nihilism. study and contemplation of the the only solution to “this unhappy, in need of strict discipline, train- Nietzsche recognized that the Greek philosophical texts and the perplexed, and weary world.” ing, and restraint. The pursuit of God that Machiavelli had killed Bible. This understanding rejects Though the Islamist appeal pleasure was subordinated to the really was dead, and therefore a historicist reading of the texts, will never resonate with most demands of virtue. claimed that man is in fact beyond and rather incorporates the notion Americans, the Nietzschean appeal In Machiavelli’s reconception good and evil. Free to postulate his that the ancient texts can actually largely has. But is this a good thing? of political philosophy, he sought own existence, man should return speak to us today, can actually ap- Before we can judge the merits of to change all that. Machiavelli to his pre-Socratic yearnings, where ply to our circumstances, and can Nietzschean thought, we must turn looked at the wars of the past the will to power suffices as moral- actually provide us with guidance. to the origins of modernity itself. fought of matters of the soul and ity. It is difficult to understate the But most importantly, it assumes The genesis of modernity can concluded that if man could be extent to which the Nietzschean that they can actually nourish our be traced to Machiavelli and his induced to surrender the concerns critique, in various shades, has souls. This is precisely why so reconception of political philoso- of the soul, he could in turn secure penetrated into American intel- many moderns have vehemently phy. Ever since Socrates brought the safety of the body. If the city lectual life today. The tolerance sought to eradicate the Great Books philosophy down from the clouds, did not value the soul above all of gratuitous violence, the collapse curriculum and abolish the Bible and throughout the Greek, Roman, else, what reason would it have to of a proper conception of eros, and from public discourse. Only the and Christian ages, the ultimate fight? Thus, Machiavelli advocated the general ridicule of all matters Greek and Judeo-Christian texts end of man—his teleology—was a virtú—diametrical to the virtue relating to the soul are only the can satisfy the deepest longings of understood to be his attempt to of the classical philosophers—that most visible manifestations of this our souls and provide a way out of perfect his soul. This worldview sought to abolish the concerns of the ailment. The upshot is a relativism our current nihilism. that man’s purpose is to seek vir- soul and focus man on the temporal that has descended into nihilism. There is no task as urgent and no tue—whether in the Aristotelian political reality. The sad news was Even our highest Court says that goal more worthy than restoring the or Judeo-Christian form—claimed that God was dead, but man would we have a right to define our own authority of the Greek and Judeo- certain fundamental beliefs: the be safe—at least while he was on concept of the universe. Christian texts. The future of our world is teleologically organized, this earth. Man’s deepest longings The path from Machiavelli moral and political order depends human nature exists and can be and desires would be sacrificed for to our present nihilism has been upon it. But more importantly, so known by man, there are absolute a modicum of security and health. a winding, but continuous, one. do our souls. Features THE ADVOCATE 15 Features 16 Wednesday, November 8, 2006 S w e e t e r t h a n S h u g: Dating accordi ng to Dav i d B u l e s

by David Bules garments], e) do u have a video Staff Columnist camera? What’s wrong with situation The topic of this week’s column 1: Well, first off, the girl has a was suggested by the 1L class: boyfriend. Clearly this is not OK. the role of text messaging in law Further, you might think you are school. We’re all guilty of texting subtle, but odds are you are with people of the opposite sex while your friends and they are going we are at the Leafe and they are at to suspect something is going on. Paul’s, or even when they are five And another thing, when you start feet away at the opposite end of the moving into statements like c), d), table at the Leafe. So let’s talk about and e), you have clearly reached the the good, the bad, and the ugly of point of no return. You not only the text messaging world. know you are going to have your There are plenty of legitimate cake—you’re going to eat it too. uses for text messaging. Some of Every… last… bite. And I wouldn’t them include asking what someone be surprised if you did something wants from Chipotle,1 asking for weird with the frosting. an address on the way to a party, Situation 2: Guy and girl are Over pizza, students speak with 2Ls and 3Ls about their summer ex- or asking what date Thanksgiving standing within five feet of each periences. The Career Conversations event was sponsored by Career break starts. There are also plenty other at the bar; guy and girl both Services. Joelle Laszlo // Advocate. of illegitimate uses of text mes- have phones open, obviously tex- saging, such as those stupid “send ting each other; guy and girl are so c) that bitch isn’t there, is she? d) partygoers some comedic material me a joke” ads on TV, voting for not fooling anyone. Survey says who? e) whatever… you know who by just calling each other. By the American Idol, and saying “hey.” this back and forth banter goes I’m talking about,4 f) I don’t know, way, in case you didn’t notice, this The most illegitimate use of text downhill quickly: a) so… who’s there’s a lot of people here,5 g) guess situation goes both ways. Guys, we messaging, though, is for relation- that guy? b) I am so wasted [winky I’ll just talk to you later.6 are just as guilty as girls. ship or hook-up talk. smiley face emoticon], c) where are What’s wrong with situation So to sum this all up, you can Believe it or not, some people all your friends? d) you know she’s 3: This is not as bad as situations text whoever you want, whenever prefer texting to calling, even when an undergrad right? [shouting face 1 and 2. In fact, I’ll admit I’ve you want, about whatever you want. it is for a booty-call. If you type it, emoticon],3 e) taxi’s outside. partaken in this sort of texting be- Just be prepared for your friends no one hears you give the cheesy What’s wrong with situation fore. I had a friend in high school to get annoyed and/or make fun pick-up line or ask the person to 2: Again, subtleness is a virtue. (pre-texting era), the infamous of you. I’ll leave you with a few meet you at his or her place in This is blatant. You might as well Brady, who would answer his phone facts from my friends about texting. fifteen. Some of my friends gra- be making out in the bar. Say, hy- with the same three statements One person has actually started a ciously offered up some recent text pothetically, you two do go home every time. We always knew it relationship through texting. One messages they received. together, do hook up, do date for was his girlfriend calling when person has a cell phone plan with Situation 1: Girl has a boy- a while, and hell, do get married. he answered with, consecutively: more text messages allowed than friend; girl is a “grass is always Can you imagine standing at the “With the guys,” “What are you minutes of airtime. One person greener,” or shall we say, “guy is altar texting each other “I do” from talking about?” and “No.” What has actually dated a person solely always hotter” type girl; girl has one foot away and simultaneously were the questions you might over text messaging. Thankfully, been befriending guys who she does receiving a text from the priest ask: “Where are you?” “Who is people have not yet figured out how not call her boyfriends. Now for that says, “Jesus Christ, get it over she?” “Is Christen there?” Now, to make out over text messaging. I the actual text messages from said with… just text the bride”? granted, his girlfriend was certifi- wonder what we’ll see next. girl to non-boyfriend (notice they Situation 3: Guy and girl are in a ably psycho, but this is the typical Until next week, keep livin’ go from mild to extreme, pretty relationship; guy and girl happen to conversation that is carried out strong and lastin’ long. quickly): a) u r hot [kissy face be in two separate places that night; via texting now. I know it may be *Certain law students, who have emoticon], b) I like u [smiley face texts go something like this: a) so loud at whatever party you are at, chosen to remain nameless, con- emotion], c) you couldn’t handle who are you there with? b) […20 and I know you may not want to tributed to the content of this this,2 d) I’m not wearing any [under minutes later] a bunch of people, give detailed answers, but save the column. 1 We have started a new thing called “The Chipotle Express.” This consists of whoever is coming back from D.C. on Sunday to call and take orders and then stop at a Chipotle of their choice and subsequently deliver to all friends in Williamsburg. Please contact myself or Ryan Brown- ing to sign up. On second thought, don’t. That would crash my e-mail. 2 A) He probably could. 2) Could you handle him? And D) You have a boyfriend. 3 Point for her: Cougars are where it’s at. 4 He probably does know who you are talking about, but he’s not going to say her name, for fear he might say another name you haven’t even thought of yet. 5 Solid answer dude. I think you convinced her. 6 Point for her again. Now he’s going to get mad and you have the upper hand and you aren’t going to answer your phone when he calls you in five minutes. Features THE ADVOCATE 17 Happy Birthday Steve Cobb (because I didn't get a t-shirt) : "Don't Take This Seriously, But..." by Nathan Pollard it underground (much like the early scared of disagreeing with you). decide to move down to the “warm Staff Columnist Christians as they fought against Thirty-seven years, a bachelor’s and beautiful climate” of southern persecution by the Romans). I degree, and almost one-half of law Virginia, decide to get on the City When thinking about what to have received enough emails in school later, here I am, still living Council (because 80 years ago they write about for this week’s article support of the anti-roller movement in Williamsburg. To learn the deep used to be a judge/professor/nice I thought I would switch gears a to know that this isn’t the end of intricacies of Williamsburg takes person, and since that part of their little from last edition’s rant, since the issue… about 30 minutes; to understand lives is gone they need something it didn’t seem to change the world If you had told me when I was the basics, however, takes at least to do when they wake up at 6 a.m.), as much as I had hoped. The roller- in high school that I would find six years. Why, for example, the and vote against anything that bag girls seem to be getting more myself living in Williamsburg, Vir- city’s residents refuse to allow col- serves both utility and aesthetics restless and violent every day as ginia for more than three months, lege-friendly establishments any- because they hate anything with the their numbers increase. Please I probably would have hesitated, where remotely near the students hope and possibility of life. know, however, that my hatred chuckled, and then walked away is something that doesn’t take long The one thing about Williams- for and resolve against roller-bags (because I was like 5’10,” ninety to understand—old cranky people, burg that I have extensively studied remain strong, even if I have to take pounds, and would have been who are so close to the end they Continued from pg 19. Canadian Bacon: On Fascism, Dead Snakes, and Foo t n o t e s by Matt Dobbie week. Dobs, you can’t write about camp. Basically, they think the use Sorry to go off on a tangent Staff Columnist hockey; Dobs, no one cares about of the joke footnote has gotten out there, but the point about excessive the Maple Leafs; Dobs, you have to of hand in The Advocate. footnotes is well taken—using too wear pants. It’s just one arbitrary In previous years, both myself many footnotes does tend to break I want to start off by talking rule after another. You don’t even and Nicole Travers, who wrote the up the flow of the column. So why about my column in our last is- have to work here to see the Big “Sex and the Law” column, used do I use them? Well, for starters, sue. It wasn’t very good. In fact, Brother tactics at work—just turn them quite profusely. This year it my fascist overlords here force it pretty much sucked ass. This is to page two of the paper and read seems all of the humor columns me to,5 and, second, I think it’s a partly my fault for writing a lousy the fine print about letters to the in the paper are utilizing this same pretty clever humor device. I like column, but it is also the result of editor.1 Basically, we reserve the tactic.3 It’s become too common footnotes that don’t mean anything a mix up here at Advocate head- right to edit the letters for content and has lost the originality that and think they provide some added quarters. The column I handed in and space—yet another blatant made the practice funny in the first jolt to the column. Also, I find they to my editors contained a number attempt to curb free speech here place. Also, just so we’re clear, I’m are a perfect way for me to tell a of footnotes, which, in my opinion, at The Advocate. Well, at least it including the “Dating with David story which is somewhat related to made the column infinitely better would be, if (1) we actually pub- Bules” column under the heading the column but not really.6 Truth be and funnier. Sadly, these footnotes lished letters to the editor, and (2) of “humor” because I refuse to told, lately (as my last column can were noticeably absent in the copy someone ever wrote one.2 believe anything that ludicrous attest) they’ve been the only way I of my column that actually ran in The resulting mix-up did have a should be regarded as anything but can find to inject some humor into the paper. There is no doubt in my silver lining, as it gave me a chance a joke.4 While I’m on the topic: some otherwise lame columns. A mind that this is the result of some to gauge the effectiveness of my Bules, if you could please write smarter column will lead to fewer fascist conspiracy by my editors to humorous footnotes. Apparently another column about weird dating humor-necessitated footnotes. stifle my independent thoughts or some people find them annoying terminology that only you under- I think the solution here is fairly (and this seems far less likely to (Goth Erin), while others find them stand (faux dating, non-dating, obvious—I need to write better, and me) the result of a simple computer to be hilarious (Matt Gaetz). Be- I-like-the-girl-but-I-don’t-really- you guys need to stop complaining. malfunction. cause I use them, it’s pretty clear like-the-girl-so-I’ll-give-her-that- Since I can’t fix the latter, I assure This “unfortunate mistake” is that I fall into the second camp. akward-hug-where-I-stick-out-my-ass you I’ll fix the former. Check back yet another example of the stifling But, I understand the reasoning dating, etc.), that would be great. in two weeks to see if I make good censorship I’m faced with every and complaints of those in the first Thanks. on my promise. Cheers. 1 Unless of course they’ve removed it to make me look foolish. 2 Editor’s note: We have, in fact, published numerous criticisms of Mr. Kennedy Koizumi Gore Shaffer’s column, and we are publishing a letter to the editor about bathroom cleanliness this week. So there! Now what, Dobs? Go back to singing “Oh, Canada” alone in your room. Without pants. And what did we tell you about criticizing us in a public forum? You’re lucky this column didn’t get “lost,” too. 3 Editor’s note #2: This just isn’t true. Unless, if by “humor column” you mean the “dating column.” Damnit, Dobs, get your facts straight. 4 Editor’s note #3: OK, glad you cleared that up. 5 I’m kidding here. In reality I just like throwing the words “fascist overlords” and “fascist conspiracy” around. That, and I’m bitter my column got screwed up last week. F***ing fascists. 6 Usually, these stories revolve around my days in undergrad at Laurentian University—like the time Biggie T ate the snake. My buddy Jacko had a pet snake, and one year it died over the Christmas break (of natural causes—Jacko didn’t starve it or anything). The first or second weekend back, Biggie T gets really drunk, and someone offers him $25 to eat Jacko’s snake. So Biggie T, being (a) drunk and (b) hungry, cuts the snake in half, puts it on a slice of pizza, and proceeds to eat the pepperoni, mushroom, and snake pizza slice. A week and half later he did the same thing again, but this time he was sober. I swear to God in heaven that every word in this is true. Before you say anything, I know this story has nothing in common with the rest of the column, but, come on, when does a story about a man eating a snake ever work its way into any normal subject of conversation? This seemed like as good a time as any. Features 18 Wednesday, November 8, 2006 Ru n , O b a ma , Ru n ! Alan Kennedy-Shaffer's P r e si d e n t i a l P r e d i le c t i o n s by Alan Kennedy-Shaffer House pages as “simply naughty Features Editor e-mails.” More and more Ameri- cans disagree with the Republican leadership that corruption and The audacity of Barack dirty dealings are simply part of Obama! the game. Some people think that they According to the latest polls in deserve to occupy the Oval Office the Washington Post, disapproval just because they sit in the august with the direction this country is halls of Congress, take potshots at headed has reached the point that an increasingly unpopular presi- more Americans believe in ghosts dent, and have a vision for America (48%) than believe in George W. that transcends racial, social, and Bush (37%). partisan divisions. Just who do As Bush’s approval ratings these people think they are? plummet, the Republican pork 'Run, Obama, Run!' art by Carolyn Fiddler. With the publication of Sen. machine destroys every last shred Barack Obama’s (D-IL) second of integrity that Congress ever had, must be “tested” in the Senate be- Putting principle above poli- book, The Audacity of Hope, the ju- and Iraq wades deeper into civil fore moving down Pennsylvania tics, Obama spoke out against the nior Senator from Illinois reclaims war, the nation casts about for a Avenue overlooks the fact that war in Iraq six months before the his position as the official rising political savior. ethics matter more than experience. invasion in 2003. “I am not op- star of the Democratic Party—for Enter Barack Obama, an un- Kennedy, for example, only served posed to all wars,” he remarked. good reason. tested, relatively inexperienced one full term in the Senate. “I’m opposed to dumb wars.” Unlike former presidential newcomer who reminds people of Obama became a household On May 18, 2005, I had the nominee Sen. John Kerry (D-MA), President John F. Kennedy. With name after delivering the keynote honor of meeting Obama in the former presidential nominee John a father from Kenya and a mother address at the 2004 Democratic Hart Senate Office Building in Edwards, or presumed frontrun- from Kansas, Obama knows what it convention. Proving that he knows Washington, D.C. I was on the ner Sen. Hillary Clinton (D-NY), is like to straddle the divide between enough about politics to hold his elevator and, as luck would have Obama does not have any baggage privilege and poverty. own but has remained ideologically it, the elevator doors opened and from failed national campaigns, did The tendency of the moneyed independent, Obama declared that there he was. Overwhelmed by not vote for the Iraq War, and has few to overlook the plight of the “the pundits like to slice-and-dice the rush of emotion of meeting not been stigmatized by rightwing many has caused a rift between our country into Red States and one of my political heroes, I finally reactionaries. rich and poor that will not easily be Blue States; Red States for Repub- managed to say, “Senator Obama, “Why Barack Obama Could mended. Obama reminds those in licans, Blue States for Democrats. your speech at the convention last Be Our Next President” reads the power not to forget “the world of But I’ve got news for them, too. year was one of the best speeches cover of Time magazine. “Why immediate hunger, disappointment, We worship an awesome God in a Democrat has given in recent Not Obama?” asks conservative fear, irrationality, and frequent the Blue States, and we don’t like history.” columnist Richard Cohen of the hardship of the other 99 percent of federal agents poking around our Meeting Obama made me Washington Post. “Barack Obama the population.” libraries in the Red States.” prouder than ever to be a Democrat should run for president,” declares After graduating from Colum- Obama posed the quintessential and filled me with hope for our rightwing columnist David Brooks bia University and Harvard Law question directly: “Do we partici- great nation. The time is right for of The New York Times. Oprah School, Obama returned to Chicago pate in a politics of cynicism or a a new leader, a leader with a vision Winfrey even chimed in, asking to work as a community organizer politics of hope?” Looking always of peace and prosperity, to take Obama to announce on her show. and civil rights lawyer. He served to the future but never ignoring the the reigns and guide our nation to Although the results of the seven years in the Illinois State past, our nation has the opportunity higher moral ground. 2006 midterm elections were not Senate before becoming the third to elect a real leader in 2008. Do we have the courage to yet available as this column went African-American since Recon- Real leaders gamble their reinvent democracy by electing to press, it is clear that the majority struction to be elected to the United political future opposing a war real leaders who are willing to put of Americans disagree with Vice States Senate. presented by the White House as principle over partisanship? Do we President Dick Cheney’s assertions Some Washington insiders crucial to national security. Real have enough faith in the democratic that we should “stay the course” say that Obama is too young and leaders speak truth to power, prefer- process to gamble our future on a in Iraq. Most Americans disagree too inexperienced to be president. ring the long view to the myopia rising star with a vision of liberty with White House Press Secretary While there is some merit to the of the moment. Real leaders have and justice for all? Do we have the Tony Snow’s characterization of argument that familiarity with the faith that the revolution must come audacity of hope? former Rep. Mark Foley (R-FL)’s political process may be a plus, not at the barrel of a gun but at the Run, Obama, run! You have sexual solicitations of underage dismissively saying that Obama ballot box. my vote. Letter to the Editor: Behave in the Bathroom hissing depository this summer, of the law school community who fluid. Water absolutely floods the by Christopher Lindsey I conducted an informal clinic on use and abuse the building’s facili- countertops. Oh, and my favor- Contributor amateur toilet repair. Visitors to my ties. Why is it that on each of the ite, the paper towel plugging up a If I have a hang-up (and I have home will attest that only one rule three to four daily occasions I visit sink drain, holding a full gallon of many), it is the general cleanliness must be followed while traversing a law school bathroom, I witness murky water suspended above it. and functionality of the bathrooms therein: “Whether your name is another disgusting crime scene? The beauty of this latter example that I patronize on a regular basis. Sally or Pete, all potty business is Paper towels are strewn every- is that it is inescapable to conclude After witnessing one too many done on your seat.” where, especially the floor. Rolls of that someone has run the water otherwise capable Assistant U.S. This brings me to you, the sub- toilet paper are on the floor, rolled after the paper towel found its way Attorneys ignoring a chronically jects of this letter: those members out, and soaked in unidentifiable Continued on pg 19. Features THE ADVOCATE 19 Reader Response: Kennedy-Shaffer's 2006 Election Preview for members of one party over by Neal Hoffman Republicans and Democrats ac- Why have a piece titled as an countable, dealt clearly with the members of another. election preview when that piece Contributor policy issues and political concerns, In his article, Mr. Kennedy- is nothing more than a partisan and actually argued a broader point Shaffer mentions Democrats or rant dealing with an upcoming This column is, in part, mo- than, “why I dislike members of the Democratic Party only five election? Better to simply call tivated by the continual partisan this political party or this party in times, with only two references the article, Alan Kennedy-Shaffer pieces published by our colleague, general.” to candidates; contrast this with Thinks the Republican Party is Mr. Alan Kennedy-Shaffer, in the In comparison, Mr. Kennedy- the over thirty references to Re- Bad and Should Lose in November. past issues of The Advocate. Mr. Shaffer’s Election piece fails en- publicans and the Republican Perhaps The Advocate might try a Kennedy-Shaffer is a fiercely tirely to discuss policy. Rather Party, with fifteen references to debate column on political issues partisan Democrat and author of than argue in favor of one candidate individual Republicans. Not one between Mr. Kennedy-Shaffer and Denial and Deception: A Study of versus another for reasons of sound of those references to Democrats another writer where more than just the Bush Administration’s Rhetori- political goals, Mr. Kennedy-Shaf- mentions anything about policy; partisan animosity is discussed. cal Case for Invading Iraq, as well fer advocates, to the best of a casual not one reference to Republicans This would be a great opportunity as several anti-Republican articles reader’s understanding, voting for is in regard to anything other than to present more than one political published in past issues of The Democrats simply because they Republican failings or controver- viewpoint, especially so close to an Advocate. His latest piece, Alan are not Republicans. The article’s sies. Mr. Kennedy-Shaffer refuses election that is of great importance, Kennedy-Shaffer’s 2006 Election sole objective seems to be casting to even acknowledge the failings of and particularly at a time when true Preview, was of a similar nature to the Republican Party, and all their certain members of his party, even political discussion between the his other articles, but was, in this candidates, in a bad light because as he rants against Republicans parties is becoming a rarity. This issue, placed alongside an excellent of the deplorable actions of a few for similar ethical behavior. As is not to suggest that The Advocate article by Mr. Cliff Floyd. individuals, or because of their Mr. Michael Toner humorously must achieve a balance of political This article, Truth in Advertis- party affiliation. As a Yale gradu- stated in response to a question views or that Mr. Kennedy-Shaffer ing, is an example of the type of ate and published author, I have no by Mr. Kennedy-Shaffer during cannot write as he has been writ- intelligent political discourse that doubt that Mr. Kennedy-Shaffer Mr. Toner’s talk at the law school, ing; rather, it is a suggestion that a we should expect and desire from could do a better job articulating Mr. Kennedy-Shaffer is basically balance of opinion might make for the bright minds that make up our his political views and the actual a negative advertisement against a better paper or stronger political student body. Mr. Floyd held both policy-based reasons for voting the Republican Party. commentary. Seriously, continued from pg 17. I started school here, Richmond extinction, and developed a cure all a complex scheme created by Road has been an absolute mess. for certain types of cancer. Then, insurgents (as probably discussed This scenic stretch of Ameri- after these vast accomplishments, in a book by Alan Johnson Bar- cana—also known as “Route 60” there would be another lull for a few tholomew Jackson Cheney Infume lives is gone they need something (derived from the English “route” months where there were thousands Hiroshima Steinberg Koizumi to do when they wake up at 6 a.m.), meaning a “course, way, or road for of cones, debris that looks like a Schaffer) in a plot to take out our and vote against anything that passage or travel,” and “60” from post-apocalyptical moonscape, country’s infrastructure by stop- serves both utility and aesthetics the Latin word “comprovincialis” and traffic that could make the ping tourist traffic in and around because they hate anything with the meaning “born of the same prov- Springfield interchange look like Big Apple Bagel. Either that or hope and possibility of life. ince”)—starts at Confusion Corner a chump. My theory is that this is it’s the roller-bags’ fault. The one thing about Williams- and ends where I stop caring, past burg that I have extensively studied 199. On any warm December Letter, continued from pg 18. riere, simply return the toilet paper for years but is still a mystery to me day hundreds/thousands/billions to its properly elevated holder. is the road construction and set up. of people use this road as their When washing your hands, roll The simple-minded would think direct route to and from work, the into the sink, witnessed the mess them together rather than flailing that the road work would serve College, and Yankee Candle. The he has created, and simply left the such purposes as easing traffic problem is, you have students (5%), them wildly, thereby keeping the and giving tourists a direct route residents (7%), “townies” (a smelly carnage behind. water in the sink instead of around to the Ripley’s 4-D Experience. 6%), and overweight/underdressed I am not known for mincing it. After drying your hands, center This is not even close to the case. tourists (140%) trying to squeeze words, but I am fair. In keeping yourself on the wastebasket—now With construction projects about as through a road that is, at most, two with the latter, I must exclude the pay attention—and place your pa- necessary as a dating column for a lanes. Since the speed limits in ladies from my rant, due purely to per towel in the receptacle. If the 600-person law school where—at Williamsburg are really high and a lack of empirical evidence. In wastebasket is overflowing, take most—30% of the population is the traffic follows a steady pattern, keeping with the former, however, your dainty little hand and com- there is never the problem of it tak- datable, Williamsburg has created you guys are foul, and I’m tired press the contents in order to make the single-greatest mess in the his- ing you forty-five minutes to travel of cleaning up after you (though tory of humanity. down this road from Confusion room for your deposit. There’s Most recently the city decided Corner to, say, anywhere within I will continue to do so due to my nothing in there that will hurt you. to tear up Monticello Ave. from five miles. obsessive inability to simply walk If you simply can’t bring yourself Ironbound to the Steeplechase Recently, construction widened away from your nastiness). to perform this necessary function, apartments. I wouldn’t normally Richmond Road from about the end What prevents a fully grown however, come find me, or perhaps worry so much about this since I of the College up to Bypass Road. man from cleaning himself without a 5-year-old girl, to help you. live so ridiculously/comfortably This construction was started about dirtying everything around him? It is obvious that most of you close to the school that I would have 2-3 years ago. My favorite part It’s a rhetorical question—quiet are unfazed by the perpetually no reason to go over there except was not that it took them 2-3 years down while adults are talking. regenerating pigpens that are this for the occasional stop at “School to build it; it was that they would I now make a general appeal to building’s bathrooms, but I’m sure Crossing” to check out the newest go for about six months on end season’s fashions. This construc- without doing a single thing, and you, my colleagues, to behave in no one particularly enjoys their tion, however, is just the tip of the then, in a span of two weeks, they accordance with your maturity and condition. We all share this space, ice-Burg (get it?!?!). The main would have built most of the new desired professional status. When so have some respect for your col- culprit is Richmond Road. Since road, saved a species of bird from you’ve finished cleansing your der- leagues, and for yourself. Features 20 Wednesday, November 8, 2006