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Student Newspaper (Amicus, Advocate...) Archives and Law School History

1989 The Advocate (Vol. 20, Issue 8)

Repository Citation "The Advocate (Vol. 20, Issue 8)" (1989). Student Newspaper (Amicus, Advocate...). 262. https://scholarship.law.wm.edu/newspapers/262

Copyright c 1989 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers Special Ground Hog Day Edition The voca e Marshall-Wythe School of Law FOUNDED 1779

Volume x..X Number 8 Thursday, February 2, 1989 Twelve Pages Moot Court Trio Sweeps Nationals Best Brief and Best Oralist Awards Complete Team's Moot Court Hat Trick by Cheri Lewis In a firs[- cver \'i ton ' fo r the ba 'i of (!ender \'iolatl ~ the \/arshall-Wvthe. the r,11 ,)n31 l'u'un ee nth a n d ~i" th \ 1oot Court tcam r EliI'. bcth :1I11 ' n Li ments. Dcinin!.! ' r. J l" G ' rbasi. :Ind Gerbasi. \vh) W(l n [3 _t \ k 'h:I:1 \kAulirf ' 'aI" ur ~ I Oralist at the Ru !{111:t! the li! ·t place, Best Bri i :I nd C,'mp,titio n !:lst :'\L1\ e 11> ' r. B 'st Or:liis( :lwdrd" at th - Nth l!a l'll cr" that prize ag:1;' last Annu:ti . · ,.tli~l l1al \ 1L ot llun ~\' ~ 'K bri n(!in(! hL me ~\\o ' Compelililln h ' ld bSl \\ ' k in picce~ of the ~ te:l m's ih-e r . 'ew YL'rk City. The 1·:: II1l. CL,11 ' ct il) n. look ch,l raC!, ·i Lcd \\ hi 'h w In the Regi 111 ~ th' jUl!ges for the co mpl Ilio n (lmpelilill l1 in R iehm )!hl last as "lOlll!h ," and reCOllnt e{ i hat . 'll\'cmbcr. ad\"111 cd lh! .lll gh "they iu-tcrrupted ea h otl ,. 1' to ~L,\ rlu l1d :; and compet(l \\ ith :, 'k u questions." (j, hasi 2 ' other t 'ams to win the [<'p­ add' I that. at one poi.nt .( IJ ing p lae award Thursday night his final round ar.gum : I> "1 bcf re a panel of nine judges. had a backlog 01 },ree qu ' stions." O ne hundred fifty b w McA.uliffe, as the " .- ing" ch o )1' pani 'ipatcd in th e mcmb 'r of . the t 'aill. was [lurnarncnt, [h oldest _ approached them, he had from an unn am~d indi\~dual.in coupon per person pervisil. Void after lOne coupon per person per visit. Void after complet~d . his work on the BJ.l>A. Th~y ~1~ not l~entify good ~~thiS 10~tjOn only: .' I O!fer good ~tthis location only: team brief and wanted badly who the md1.\1dual _ IS . or .Iiii\ for there to be a moot court elaborate on 'what kind of ~: . SASKIN~. ROSSIt{S -I . '" EASKIN ROSSINS ~am,~e~annmdOOM~~re~~~th~~co~~~ • __~ ____~~ ______~ ______~~ _____~ The Advocate February 1, 1989 Page Three Corr Trial Continued by Gerry Gray postponed due to a schelL ling Dean Timothy Sullivan and and d e p ri va t io n o f a jury will decide whether Corr The trial of f rmer onllict for the presiding jl jge. Professor Glenn Coven are constitutional rights. The is entitled to the $150,000 ~1arshall - \ ythe a si~ tant The case involves C .);"['s among the named defen :ants breach of contract DF,uTS CfCAwLtD Holiday Tidings Fo (l~ H F fC-o M-. TH £ k l g I<. A f2.-.1 /0 b;4 '-! ~ The Ground Hog Holiday Season is a most festive occassion in the world of Law School Journalism. It is a time when 14100 uP 0 A..) 5 ££ ,r.Je- editors, family, and partners pause to look back upon the shadows we have cast du:-ing the preceding year, and, in the T~ til<­ alternative, look forward tu ever-brighter Summer associations. G~£P{ 3ACt.e We are mice blessed in this season of the woodchuck. Elvis has come home. How fitting that the King chose the festival of Iz-\Vlo~~ MomlOta MOllax for his homecomming. Few indeed can forget k.')E f3 vCS 0 F the haunt}ng lyrics to Elvis' "You Ain't Nothin' But a Ground Hog." Before ascending to his throne in the lounge, the &rtoot.- monument to tackiness was laid in state among the treasures ~ brought from New York by Michael McAuliffe, Joe Gerbasi and Tennessee native Elizabeth Deininger -- Triple Crown champions at the National Moot Court finals. In addition to winning the tournament, the team won the Best Brief award, and Gerbasi was judged the Best Omlist. The Advocate extends its congratulations to Michael, Joe, and Elizabeth. The King travels in good company.

The ground hug, this North Amedcan Marmot, is noted for its ability to en'ate a Jahyrinth of unintelligible, seemingly useless underground corr dOl'S. It is ever so appropriate that the Lette;rs to the Editor school chose this -.holiday season to make a bid rOl' the Administrative Law Revif'A'. If successful, the Review would be relocated to Marshall-W,the, giving the school a second Law Fuchs, Craig Criticize JlRubber Stamp" Ad.vocate Review and adding more luster to its already bristling coat. Dear Editor: completeh \ pass the Ju ici al an arm of the Judicial C'< uncil The ·sun is shining on l\lat-shall-\\\the on this Gl'OlllHI HOH Like many students, we Council's d, cision :II1 J I aise or the administrati on, Lik .' any Day, and the forecast caUs for an ea-dy Spring thanks to th: were both dismayed and the sent CI1 l"l'. So much fc' th e newspaper, its role 1., to work of dedicated fac ultj and students. curious at reading the recently­ notion of tl trial by a' .i I I , of question and scrutiniZe the posted notice that a student one's peers, We appl:Il1 (, the decision-makers and lho<;e in On Monday, Februal') 13, the doors of Mat'shall-Wythe will had been expelled for viohting newpaper's editorial, "A j\',atter po\',:er. Yet by acceptin)! the be closed because 300 years ago King William and Queen Mal'Y th e H 0 no r C 0 ,1 e , of Honor", which called !~ r a conclusory commenls from first peered out fl'om the throne of England. AJlyone I'especting Unfortunately, the Jan, 19 more open, accou!1.a bl e ludicial Council member . and this College holiday has no right to question tIle story in The Advocate left us student-run honor s\'s tem. rh e Dean :J bOllt til e [aiml ss of appropl'iateness of a Ground Hog eulogy, lust as dismayed - and even Our concern, howey," -, is the proceedings, the a:·lid e more curious, The story and with the newspaper's repcrting yirtuaUy rubber-stamped the -- G.G. accompanying editorial raised of the incident itself, the entire procedure, an important issue concerning processes of the Judicial Moreover, by taking all of our "student run" Honor Council and the outcome of its information from 1u uicial System - I ! Dean's abiil:y to the trial. The Advocate is not Council repres ntati\'es al'd the Dean, the newspaper faik d to present both sides of the stor, ' Dark Star? in wh at is essentially, or should be, an advcrsari 31 pro ce l ~ d in g , The newspaper shoul d ha\'c Last fall , Dean Sullin .1 lntroduced a fIr-ising star among law motivated the administration to work ~ith a student committee. contacted the expelled 51 Jdent librarians" that he sai 1 would better meet the needs of Plans for renovatioDis of the library were also revealed this and, at the ver least, s iven Marshall-\Vjihe students Since then, students have witnessed week. In addition to doing away with at least 30 student study him or her the opportur lly to a disregard for their ll( tis as well as IlUlllerOUS changes in spaces, the blueprints call for eliminating all the cushioned offer his or her own vers ,)11 of library policy that were 1. .Iplemented either without the benefit lounge furniture from tlhe reading areas throughout the library. wh at happened, (This resl'onse of student input, or with blatant disregar'd for theil- concerns. Meanwhile, the library staff ~ill appropriate the view of" the glen for itself by installing offices along the entire back wall of could have been Liven This week two more proposed changes became public as the the main floor and inserting partitions and barriers throughout anonymously if the stue( ,; t so administration announced new limited library hours and the library. desired.) Perhaps that sl,ltlent unveiled plans for a remodeled library that will reduce student In addition to monopolizing all the natural light on the main thinks the en lire incid nt - study and lounge space and turn the "student areas" into a fr om the charges to the dismal hodge-podge of partitions and cubicles. 11001', the remodeling would destroy the openness and warmth created b.· the original architecture of the building and provide Judi ial Council's find i r.~ s to the Dean's - The draft proposal calls for a campus security guard to the Library Director and his secretarv each with oflices roughly rec o mm e nd 3~~)11 was completely unj ust. H e or patrol the law school every evening and clear the building by 15 feet by 19 feet. The plans are, at best, aesthetically she has a right to be heard. 1:30 on weeknights and 1'.;30 on weekends, One justification for displeasing, and ; 11 worst, an obvious disregard for the needs of the change is the security of the libmry's contents, out the the library's mo., . important patrons -- the law students who the students at Marshall-\\\ 1he Iibradan olTered nothin ~~ mOl'e than vague allegations that study there. have a right to hear his 0[' her side of -the sto r~ and The students were walking out with books aner hours! Providing better-lighted computer facilities is applaudable. Ad\'ocare has a journalistic At the same time, faculty membel's literally "cart" books but that plan makes that addition at the expense of more study responsibility to pIa -= this through the second floor door of the library. Librarians report space. The proposed expansion of the Bill of Rights Institute info rmati on before its n c.ders, that efforts to update co: .lputer records have generated. "pages and the facuIty workroom will further encroach on students. \\ e are told that The of book titles" checked 01· t to professors that they can no longer Granted, some of these renovations may be needed, but such Advoca te learned the st) ent's locate. One student replirted seeing an extensive collection of drastic changes create tt-ade-oITs and disadvantages that will red-tagged books in a pI nfessor's home! afl'ect students as well as the librarians. Eyen the students identity but made an editorial who serve on the Librm-y Committee were not consuIted on the decision not to contact the Yet the library plans to reward the faculty by giving them renovation proposals. Decisions as important as these should student on the assumption that. their oun faculty collection instead of teaching them to share include student input right from the start. Soliciting student he or she would decline like everyone else. Bet you can guess where professors will go suggestions might also n ~ult in corrective measures to existing comment, and that the request when their colleagues hme .already checked out the faculty copy problems like a water lfountain that hasn't worked in months would be too int~u,si\ ' e , \ e of a U.S. Reports they want! and faulty carpeting that won't stay stuck. believe this deCJs~on W3S Additionally, so long .. s there is no book security sy!>tem in This paper has repeatedly ad\"ocated more student p;:;s~m~uo~s and lllhJ.ren~~' the library, there is IHlthing to stop local practitioners or involvement in adminiSltrative decisions, and the disregard for u alL ow can teeh Hon undergraduates from n .noving books dudng regular Iibral'Y student input is no beUer exemplified than in the law school staff assume that a stu~ent hours. So why doesn't the library address these problems library. It appears that students are being nudged out for other expelled from law schoel Vl~ a instead of making law sh~dents the scapegoat~? . 't' Will the last student to le'in·e the library please completely closed proceeding pnon le~. , '. I. . I • . . • ' I would n t wish fo respond? . bring an adnlllllstralIve law textbook ... It used 10 mentIOn t le _ ' . _ ' Possible alternatives to closing the building include installing ()o "alue. ' 0 f 'pu" bl"IC commem t .111 pu bl'IC d eCISlOnm.' akinIT"': e are,., al told thar-- The a key-card system or employing an all-night · security, guard. , , 'I'''' Advocate , contacted - some p' .... Strong student criticism of the plan at this week's SBA meeting . _: S.M.1\1. Judicial' .cOUncil members for Continued on Page Six The Advocate February 2, 1989 Page Five Faculty Forulll RightlySpeaking Law As a Healing Art by Rod Smolla Roe Overturned manipulation. Humor, For generations, law s h ols of lawyering that is too often mpassion, and integrity, an by Gerard Toohey slighted: the practice of law as have proudly repeated that instinct for compromise, for Last week, pro-abc tion reason, does not really have a healing art. great propaganda line: "The tolerance. for forgiveness, for forces launched a ktter the same chivalric appeal. Our legal system--indeed, calmina 'troubled waters, for purpose of law s ho I is not to o .. drive to the Attorney There is a group of our entire tradition of "due healing rather than stlrnng teach students 'the law' but to General's oflice, besecching feminists, led by a writer pro ss," is constructed on an conflict. are success skills every t a h student to 'think lik a him not to request thal the named 1aggie Gallagher, adver arial mode. And so, bit as ~uch as "analysis" and lawyer.'" The line has always 1973 Supreme Court who are against abortion for probably, it must be, Our law "synthesis" and an "instinct for puzzled me sam what, and decision legalizing abortion, precisely this reason. They s hool curriculum--indeed, our the jugular." I find that prompted me to wonder, "As Roe v. Wade be feel that abortion degrades entire tradition of legal flexibility usually prospers over opposed to what?" To overturned. This was done women. education, is similarly rigidity, open-mindedness over thinking lik a do tor? An in light of the Supreme Back to the original constructed on a model of legal stridency. .A Oliver Wendell engineer? An ordinary well­ Court's decision to hcar a argument. Certainly men study as a largely adversarial Holmes admon ished , adjusted human being? Do we case arising from a Missouri are not constrained by intellectual enterprise. Thinking "Certitude is not the test of lawyers (and inchoate law restricting acces to pregnancy in the same way lawyer? reallv t dink like a lawyer is taught as certainty. We have been cock­ abortion. Eleanor Sl lleal, as women. However, one thinking with analy1ic rigor, sure or'rtrcl.ny things that wer ' differentl? And if w' do former president of the does 110t have to be moving in and out and around not so," think differentl" should v:e be ational Organization for "sim ilarly situated" to and through doctrines and \ e must, of course, light proud fit? \i hat do ~ the Women, admits that the understand that the policies, constantly massaging many battles as lawyers, and general public think of ho .,; we likelih od Roe wi ;1 be destruction of human life is and manipulating arguments. law schools will always be think? A a la\ [Udent overturned is high, ali(! that wrong. We are taught to be mentally places of vigorous debate. learn to think like a lpening" of the Orient. the nuclear weapons, stinger and cultures, in fact, transcend or Roe v. Wade. This is the ultimate rape of a thousand year (f art silkworm missiles, chemical capitalism and communism The next argume ,l that question: whose right will and knowledge in the name of and biological warfare, can't alike. To read too rr_uch into is often used is that lUen society put a higher value Christianity and westerni:u ,ion. we realize that it is not the the recent political reforms in make the laws, but r.l n do on: the right of the W0man A detail d historv Ie on is Cowboys against the Indi Ins? the Soviet Union is to sell the not bear the children. Jhis to be left alone and to do not necessary in o;dcr f r a Even as relations w:t . the whole world short. The worst is becoming less am, less wh at she pleases with her pattern to emerge. Yet in the Soviet Union ride the S\h:lI of true.) The argumeJl: has thing we can do i tumble ~ body (even if that include lengthiest of American hi -tory democratic reform and ::lpen into our new-found dialogue some truth to it. bll! the killing an innocent child), or books you may ncver lind the c mmunication, the brcakwall with th e Soviets holding the legalization of abortion has the right of the child to w rd that embodies Ame; ican f our ignorance continu ·~ to arrogant notion that capitalism had ome very int rc ting live? Society is not yet history, particularly Am~rican preserve the sand of ma'lifest and dcmocrac, . are finally effects upon tll relations of ready to recognize the foreign poli y, so perfectly: d stiny. Deep down, Wt; -till winnin!l out. Ah. but men and women. correct answer. Since 1973, Ethnocentri m. bdieve that the Smie( . and ignorat~;ce is bliss, at I ;ast for In an earlier time, if a man many doctors have cha!1ged Ethn centrism i the helief every other miserable third the moment. were to get a woman their minds on the issue, in the inh rent sup riority of world communist, wan~ n To say that we as pregn:mt he had a certain because science miraculously one's own group and cuilure, more than to be American. amount of respon ibility to Americans are the rust to be can keep babies alive at along \vith a contempt for Unfortunately, the Gorbachev her; it \ 'as believed then guilty of ignorance and earlier and earlier stages. other groups and culture. "revolution" is feeding our suppression of alien culture is that marriage wa taking The philosophy of the The result is to view other ignorance, becau e now there not totally fair. Ethno entrism care of your responsibility. nation has not yet kept groups in terms of one's own, appears to be proof that goes way back. The Romans This course, as an invariable pace. Today we see the and the manifestation are somebody in the Soviet T nion persecuted Christians rule, could produce pred Scott decision i.1 all hate, suppression, oppre sion, knows what we have been throughout the world. and the disastrous con equences. its hideous inelegance, but and discrimination. _ ~ aybe trving to tell them all ,.Iong: British left deep political scars Howe\'er, the responsibilities this consen u wa probably another word for y~ u ~ can't beat us, so you in India and elsewhere that society expects a man not extant a mere thirty etlu;tocentrism is jgnoranc..:. mjght ,as , y.;~ll g~ used . to to assumc today are far less . yu-oughout their, ~mpire" How y:ears ago. We pn qnly EthoQ e.nlrjsm ,continu.:s to burgers a.n9-.fJies, .. " does the word "empire" ~trike ~g. . MI, <;lae ne~d do i~ - , ' " ,...... 'hope that man will con.mue :be a driving force beb,in<.\ .our Gorbachev no more want 'pay , the. ,. price -of an '~'O · progres~. ".- governmenr's foreign piicy the oviet Union to become Continued on Page Seven abortion. - That. for' some Page Six February 2, 1989 The Advocate Finally, the location of the Students Protest "New Library" new ofiice suite on the first floor will eliminate one of the "Rubber Stamp" Dear Editor: end, the library serves th. \'ital few scenic views the students function of a learning f, jlity. at Marshall-Wythe can enjoy. Rapist Advocate It was "'lith great interest The primary function (J the We sit in classrooms with no that we learne.1:ension of th Judicial second floor is to becom.: the to the collection. nor do the. system to improve security of we do, the United, tates will Coun il and the administration. faculty library. The faculty make the facility easier to use. the building and the collection, suffer the fate of all empires. The r. ~wspaper owes its library will, we understanJ. be Shifting the red-tagged better lights in the parking lot, Even the mighty Roman rea d e r s . a d u t y to stocked with t he red-tagged reporters to a faculty-only area a security guard, moot court.. .. empire fell. Ah, but ignorance indepenJently and objectively reporters from the first Juor will cut b\' almo tone-third The need for safety was b:i s, at least for a investigate and report \\I'hat (rc~o nal. federal and Supreme the reporters available for improvement is recogrlized by thousand years. happened. Let' hope that in Coun) as well as the duplicate student use. Prof. Heller has the students and facul:y alike. the future The Advocale will law review volumes fron, the suggested that student runners The need for a faculty library recogni;'(' its responsibilities. second floor. Presumably the could go and pull books not is also understood, but SLlch an In tead of merely raising state collection will be ITto\"ed available in the main area should not exist at the important issues and then to the vacant areas of tht. first collection, for photocopyi.ng. xpense of the main collection­ taking the answers spoon-fed floor, once the faculty holdings The realists here at Marshall­ -it should be supplemental to from th~ powers that be, the are moved. The present Wythe know that the library is it. Wholesale alterations to newspapcr should at least try administrative offices on the presently understaffed, and the the interior physical structure to seek and provide the second floor will becomL' the likelihood of the success of of the library will not improve informution needed for new home of the Institute for this suggestion, while appealing an already cramped situation. stud nl to decidc wh Ih r the Bill of Rights Law. Profs. in theory, is somewhat It wi.ll merely shift more of the result was just. Heller, R ush, and their doubtful. . Anyone who has burden to the students. secretary are to inhabit new attempted to find a popular offices on the first floor, .long reporter volume come brief. Mark Hedberg incerely. the windows at the rear (.: the memo, or other mass­ Michael Fuchs Michael Fuchs building. These officc!. will assignment time knows that Jeff Craig Jeffrcy Crai_ extend ~ from the news[ .tper­ locating a particular book is Cheshire I'Anson Mike McAuliffe predicts six more weeks of Winter. current periodical area d ; the often difficult. Decreasing the way to the last set of winl/ows, size of (he student-accessible and extend into the k rary collection m erely exacerbates approximately half way into the situation. where the first row of > lacks Furthermore our student are now. bodY. if not increasing in size, at ieast shows no -signs of Master of Laws Our law library is a sllared getting any smaller. The Boston University facility. It is a d'epositol y for propo ed renovations will School of Law government doc un· ents eliminate at least 50 student available to the general public. seats in the librar --30 on the Local attorneys undoubtedly first floor, and another 20 find our facility of great use in along the front wall where the LL.M. egree in Banking Law Studies their practices. The r C~c'a rch faculty library is to be built. needs of the faculty canr: ,)t be One of the attributes often denied. However, it shot :d be brought to the attention of remembered that Mal ,ha11- prospective applicants is our A unique graduate program offering separate, multi· Wythe is a law scho j, a library. Finding a seat in it disciplinary courses of study in American Banking Law learning institution ded ruted should not be made more Studies and in International Banking Law Studies. to the training of thou! .1Iful, difficult by eliminating tables competent attorneys. T( that and carrels. Taught by faculty of the Boston University School of Law, eminent banking law attorneys and management experts, these innovative programs provide an exceptional blend of Exam humor fails intellectual and practical education at one of the nation's most prestigious law schools. Covering the full range of To the Editor of the Adv~ ~:ate: in the craw. Tay :,achs advanced banking law subjects, the curriculum also disease and Sickle Cell Ani.!mia includes courses specially developed to introduce lawyers Professors frequently use are unique to certain e:hnic to the econom ic and managerial aspects of the domestic amusing names or fact patterns and racial groups, yet tc 'Jse and international financial services industry. on their final exams in order well-known labels for ~~ose to lessen the stress on stuc:ents groups in an exam question This comprehensive LL.M. program offers a singular during the test. Please bt.iieve would not be tolerated in an educational opportunity for lawyers who wish to practice that I, for "One, appreciate the institution like this, even "j ust in these dynamic, fast growing areas of specialization. attempt to make me hugh for a laugh." I hope. during the longest three hours I ask professors to evaluate Applications are now being accepted for full or part·time known to man. But professors the stereotypes that they enrollm ent in September 1989. may go too far in their efforts reinforce every day in class in at humor. their hypotheticals, where During fmal exams in testators and criminals are December, one professor used men and women are the For a catalog containing detailed a pejorative label for a victim ! helpless, mindless victims of information and application forms, write: of Acquired Immuno someone else's deeds. Of Deficiency Syndrome. The course, no ill will was meant Graduate Program in Banking Law Studies victim, in the fact pattc.:n a and none was taken, I nope, Morin Center for Banking Law Studies man, was named "Homo." • Boston University School of Law I but insults are insults e' ;n if 765 Commonwealth Avenue Ignoring the fact that AIDS no member of the iil..'lJlted Boston, Massachusetts 02215 does not limit it~ If to group is present. homose>.:uals or to males, an or call: 617f.353-3023 epithet that children ust' on Bruce McDougal the playground does not Third Year entertain or amuse. It :-.ljcks The Adyocate February 2, 1989 Page Seven \vell. In fact, consider the attempted violent overthrow of many funeral of bla k South the South African government, On The Fence BY ,Karin Horwatt African, which are ·.:.aiversally not be analogized to Martin attended by hulking white Luther King, Jr. (as Mar us The Advocate has just r ·~ived Americans whose an "~to rs piece of glass, slice off \i~:tim's South African police. Many of Aurelius said in his an anon:mous letter (whi h, were here to tolerat> the hands at wri:ts: set tire (I n fire those black South African dead unpublished letter), but the be ... ause it is unsigne. We heinous Jim Crow la\\ '--or and cook "i tim until done. were su pected collaborators situation in South Africa can annot print) abo~t ~outh w rse, the enslavement of To my knowledge. Am'rican with the white outh African not b~ analogized to the Africa. in re ponse t the flfst ­ bla ks--fe! guilt about that blacks achie\'ed their ends gO\'ernment. and th e~' were American outh, There~, year olumn by 1r. Flar:uery infamous time in our cou1ltry's nom'iolent!)'. kill >d bv other blacks, The ironically, a country in Africa and Mr. Allen. I thought it history, but to proje t our guilt Not only did Anh..rican "iolen e that erupts at these which almost can b. It is disturbing, but not surprising. feeun[!s about that time onto blacks a hie\' their -ishts funeraL IS oft n black on called Burundi, and there ar~ that the intell~ctual and anoth;r nation can re lilt in nonnOlenlly and m accordanc black.' two trib s ther --the Hutus mOlionai zeiurei t ha force tragic error. outh Aff!'~a i \,,-ith the law, but they did not So. not only an Nelson and the Tutsi:;. One IS < " lar us Aureliu" to ubmit not the Jim Crow Aml'fi an murder each other. South i\fandela, wh advo teS and Continued on Page Ten hi' pie e anonymously. Th> outh, and BOlha' m:nority Africa's blacks ar~ current line on South A rica is does not ha\'e the mon,'{1oly pr domio1ntly Zulus (who got a hard one. and anyone on e\'il in South Africa, there after th ~ Afrikaners). but questi,'ning it linds him 'df in ~far - us Aurelius is right there are a number of smaller th' lInt'J.ir and unwarr •. ntcd when h > said lhat Mr. tribes in outh Afri a. and p -it ion of being lab I a !'.Iand'ia was irn rrisoned for they are all lighting \,,-ith ea h "raci t. " Ironi alh, I" nnm - hi" "a tllal rani ipation in a other as well as with Botha. allers ap' most '11,'n s'lt- number of boml'ings," But Botha is CaU[!hl bet\.... c~n a pro laim ' lib rab. '.\ no [h r ~ is mQre, The AlIi an ro k and a hard pIa e. because -- ordinariI\' pro laim :h ,'r _ ':!tional Congre '5. Ie I h. \1r. ai\'in~ th ' fran hise to the worship and reverence fc : the bndela' wit:e. routinely' "isits black majority would not result fir't am ndment; on th Dther a horrible practice up('ln it in a mer' split between black hand. when anyone aea 'k opponen[s--mos[ of \\'hol11 are and while: the blacks not only , their pet politi al lin'~ on bla k and arc susf'-:( ted do not ha\'e a consensus. but current issue' that invoh' rac ' c lIabor:u rs with the white they are [ngrnenled into or sex. labdin[! is au!Om theoretically well-educated by John Fiel Ic:u, th,tt many consel JatiYes conservatives are at a loss are not willing to respect the when they encounter An occa ional olumn by :0ha sin >rit)' of those with more perspecti\'es radi 'ally different Fi'ld, who:; > sol' distin -ti ;' n is libernl opinion. If:i. I from their own. Their that h " Ih oldest man ii , thi:; cannot imagin' why not. I reaction is. "You don'[ rea/h' y 'ar's graduating class. rtainly respect (ile sincerity believt:' tlWl. do yOll?" The: of conservatives. even when 1 simply cannot comprehend how When I wa in c(,'! 'g ' . rq:ard I hem as hopeI> sly anvone in his right mind might Ion!! before I ent red law wrong-headed. In the 'sL'\1.ie ho'id opinions of that sort. - s h~)ol -- and I do mean I•• og - I hea;d Governor Ross Barnett Here, for instance. is our . - I aot into a friendly pI :vate of Georaia deliver an addre s \'ery own Chancellor dissenting argl;ment \vith one of my at m) - northern coli ge in Brewer Y. \\'illiams, ·+30 profes ors over carita! decrying the "mongrelization" L .S. 3S7 (J <) 7) (the "Christian puni hment. I told him I wa ­ of the race s, i.e .. burial" cas,' I' opp )sed to it. He ask <.! me miscegenation. I never for a "The rO ll I In this case \vhether I \\'ould feel the "arne mome-nt doubted the si ncerity ought to '" .IlII,lerable in any sociell "hich purports if omeone murdered my wife of his loath ome belief. eld didn't some back with a tan, but instead to call itsl:il an organized and children. .i told him yes, Or perhaps this pattern came back with the best Oralist prize from the St ~t son society I do not that executing the murt! 'rer re\' als a more profound Tournament held in St. Petersburg, F!orida last week, understand how a contrary would not bring back my quality -- a certain pervasive Phil and teammates Stephanie Molnar "md Pete Pontzer conclusion is possible ... the family and I insisted tha, my intolerance that liberals quite reached the quarterfi:1als of the invitational tax moot Court reaches th e opposition was categori al H properly continue to associate court competition spc nsored by Stetson Law Sch:).)1. replied, "You can't be seI :JUS. with conservatives even now, astonishing conclusion ... it You don't really mean thot, do long after American boggles the mind to suggest you?" on ervatism has abandoned .. . we arc thus left to guess Last year I heard that one some of the odiou doctrines how the Court reached its holding." HIINfI LING of our law professors, after thaI characterized it in times CHINESE RESTAURANT listening in class to th past. LillIe wonder that Burger arguments of a liberal stu '.1cnt, To be liberal, in its most resigned, surrounded as he was commented, "You don't leally proper sense, is to be liberated by five barbarians and/ or believe that crock, do you!" [rom the biases and mental incompetents named COME AND TRY US! More recently a visitinb; law predispositions that any society Stewart, Powell, Stevens, professor, himself a noted tends to impose on its Brennan, and Marshall. liberal, recounted how he had members. After seriously When I wrote the first draft once served on a federal fact­ considering alternative of this column, I had in mind finding commission domir.ated approaches, the liberated mind a certain conservative law­ school colleague, a fine friend TAKE-OUT by conservatives. On one is free to accept or reject the ORDERS occasion, after this pror ~ss or values of his own society from and great guy whose only shortcoming is that his Osaka had vigorously argued his a more informed more DAILY liberal convictions, anuther balanced and more tolerant Express in tell 'ct operates on HO gauge. I\ [ure recently, LUNCHEON member of the commi-sion perspective. The conservative SPECIALS approached him in privak and mind, by contrast, prefers the after reading my last column, said, "You weren't really warmth and comfort of this same colleague boasted to serious about aU that, ,t,'cre conforming to his society's me of how he had finally you? You couldn't be!" fam iliar views and may resist ~ecognized . it a? satire: . I I 10% off with Student LD. By now, you may have any consideration of the lOformed him With adml' :tole I restraint and 'a small me,,:s ure ' detected a pattern here, It alternatives. Authentic MantArin, Szechuan & Cantonese Cuisine took me somewhat long:r to of sorrow, tha t it wasn't. Liberating the mind is the COCKY AILS AND EXonc DRINKS notice becau e a period of very reason universities teach Memo to al l m y t \venty years elapsed bel ,,'een "liberal" arts. By the time conservative colleagues, whose MAJOR CREDIT CARDS the first and second incicc:nts. most students have reached sincerity I respect: P.' :;ase respect mine. I really, mean What d~s it n- e:l.O? college age, however, their 220-2344 Perhaps nothing. Perhaps it's attitudes and opinions are what I say. 204 MONnCELLO SHOPPING CTR.-WILUAMSBURG not a paHern at all, merely already set in concrete. Even if my mind is not lh' .MILE FROM ,HI$TORIC AREA OFF RlCHMQNQ RD. three isolated incidents. Consequently, even many altogether as ";ight" as yours. Page Eight February 2, 1989 The Advoone Record Revue Little Feat's .Fuller Sound ...... •...... by Tom Brooke the years. often collaborating was no second record and no I styles, especially jazz. T k, rest The group often emplo)~d a with each other. However, contracts for more material "Let It R oll" is Little Feat's ' of the group was enjoyir.;! the horn section, reminding the almost all of George's tunes were forthcoming. The Little first album of new material in success of their first hit! ngle: listener of some of the soul we re solo efforts and very Feat project got proper O\'er 10 years. Craig Fuller, "Oh Atlanta", wriller by formerly of Pure Prairie , bands from Memphis , .. hich di tincti\'c: "Spanish Moon", funding and promotion League, was recruited by the, began to experiment wilh a keyboard player Bill Payne. "F at M a n in the Bathtub", and however. Veterans such as rest of the group to put , bigger sound. Thev were more interested in "Dixie Chicken" to name a Linda Ronstadt, Bonnie Raitt, together what was initially Longtim e- h eroin-al, d i ct making some money playing few. and Bob Seger lent a hand. supposed to be a onc-lime Lowell George's 1979 de;,lI. in more traditional rock-and-roll. The group next recruited Fuller cannot crea te the a D.C. hotel room afl ~ r a collaboration. However, a Shortly after George's death, D.C.'s Catfish Hodge for a same low growl that Lowell concert promoting his .,0 10 successful tour (featuring "Down on the Farm", labeled couple of projects during the George was capable of: but he album, "Thanks, I'll E "t It occasional gigs with Jimmy as the last Lillie Feat album, '80s. The band Chickenlegs, can sing \'"ith limited soul. H ere" is commonly refern:d to Buffett) and the popularity of was issued to tepid reviews, featuring Hodge, Payne, The new album (featuring as the end of Lillie Feat's first the album will probably scnd R ecorded prior to George's Barrere, and bass player another am using and attractive incarnation, However. the the band back into the s,udio departure the material lacked Kenny Gradney, issued one cover by the band's favorite band had already broke n up originality or pep. The strains record on a minor label and artist, Neon Park) has sold soon. O\'er artistic differences that Although based in LA. the between G eorge and the other we nt nowhere. A fe\ years well. "Le t It R oll", "Hate to band's greatest success came in spring following a tOllr to guitarist, Paul Barrere, were later, the same crew tried Lose Your Lovin''', and "One Washington, D ,C., possib Iy promote their cbs ic conccrt ob\'ious, The band re united again as the Bluesbusters - Clear Moment" have all because of progressive radio a I bum, " W a i tin g for without George and a ttempted with similar results. received airplay on commercial Columbus." The final tour station WHFS-Fl\·1. During a comeback tour, playing Someone got smart in late radio stations. This album has the '70s, the group ran nft' a featured a stop a t Williar I ' nel\" B "at. RhyTnl..~. l\ tJi" rcst:J.Ur:1Il1S anJ St0 r~5. C:llhy itcms." Katzman .3.id, 'The Tl ,:hn ique Lce. co-chair of LSIC rels winner m:ly eycn get a fr" l)ebbie Gibson lllJl I ill' auction \\'ill I'L' a pair of lhe Ilew boxer . h )rt5," Reulacenlents JllJjor success, .'he The boxers ha\'c "\\'illiJIll and 1 Electric Youth cJllphasizc,1 lholt "wc w ~r l :lblt! Mary LegJI Bri ' fs" prinl·c d on L ! n 't Tell a Soul to raise S1.300 in th re hour­ th m. ~~labama bst year." \\'ilh n10rc doll':. to -\li ha,-,l Tillotson al1lh1unced re~la be auctioned :1Il,1 a l.trger a Februan' 11 bowl-3. -1 1ll'n to R~l t i Controver ~ \. Southern S trif r3.rty in Trinkle H3.11. L~e rai:e ml-n ' y for the Big e\pCcl.<; ~ \ ' cn grc:llcr p:l'lilS Brothnr5 'Big Sisters pi'l1gram . this \'e.1r. BO\\'l crs m, y particil'.llC in the '.' . ".", '.~: T'k Publi,: . ' r\'icc Fl,ld is 6 -hour tournament :lS :1 1';0 c,)nsiJ'rin!! :1 SlI '. ( ,l-'L' inJiyidu.1ls or as mcmber. l f :l I':lrty 10 bL' hl'l:1 bIer i,' I h~ 0-person team, Tilll)t~ n :llso SCllleSler. Those whu pur,lus ' emph:J.sizeJ lh need for licKels \\\)1Ild l L' in\'ilCd III ,\ p:lrticiplnls in the Big

bcach-th ' Ill > party anti bc Brothcrs' Sist 'rs progr:im it e li, .• tt! eli[!iblc 10 " 'in 3. trip tt' lh' Yoluntc rs \'isit th ir lillie • - Jot' . Ball3.l113.s, Although lhe pitrty brother or sister for four hours is slill in the pbnning stages. each week . . . ~-' the Public S.;ryic€. Fl)-nd h pes • , The adult skills program 517 t h re is sufficient intere.. t tQ • ontinu s to benefit from he PRINCE GEO RGE TREET , IIl,1 ke the , e\'e~t _t-he third .'1<>jor .lllllll- raiser of the year, Last Continued...... on Page:0... Eleven The Advocate February 2, 1989 Page Nine Class Gift C0111mittee Looks for a Sign Based on input from bst commented that the . .. ,, -I Thursday's third-year class "administration and fa culty i -. '.: '-~ ..... ~1 j-r'- . meeting, the Class Cift were eager to see a sign built ,5 ""f ' / :" ••.~ '. _..,!..:.~: -10. .... r--~l " ····. Committee has begun e:'forts and pleased that the Class : .. to raise fu~ds to e;ect a new decided to complete tbe (- '-- ~--;;:. ..:- - sign for the law school. Fund­ proje t." The sign will be 10'x raising for a permanent sign 5' and made of brick. A for the law school began \vith marble center piece \,'ill be the CIa s of 193, and sin e inscribed: "College of \viiliam Ml'\R" t1AI.. L. - W'fnte. that time, the Classes of 198-+ and Mary, Marshall-\'.'ythe and 1988 ha\'e contributed. School of Law." Beneath the SCtfCOl ·OF' l-~ W According to Committee marble center will be a br )nze Foreman Bo Sweeney, plaque , recognIzing the contributions from previous ontributing classes. classes place the Class of 19"9 In the 'comin!! week, the at just over the halfway :l1;1rk Committee wi!! ~be sokiting f collecting the estim:lted bids from ar 'a contra. lPrs. $-+,000 needed for a sign. Fund-raising began earh (his Sweeney rem arked that week as member of th Gift Committee saw the sign both Committee began oli.iting early. l--fembers of the dollars IS sugge"ted, as something a schoe. of Gift. In addition to contributions frc')'m classmates. Committee in cl ude I.Mcn contributions of any ar ll unt Marshall-\Yythe's caiiher Committee members, the law Foreman Sweeney st ressed Berg. Bech Blair, .. Iarv are welcome. Checks should deserved and as an attai .able school receptionist and Dean that. in order for work to C H;froy, L O ~li s Cunnin!.ilan;, be made payable to the goal for the Class. Ass( 'iate Vick will accept donatic. .l s to berri'n on the si!! n before the l--like l--lcAuliff , ~cal Marshall-\\\ "(he Annual ;:-' Ind Dean Deborah Vick an '" ~ the Gift Fund on the end of the semester, l--lcBrayer, Steve l--fu lroy. and with the foIIO\\'ing nOl al i n on advisor to the. Gift Comlr.iltee, Committee's behalf. cont ributions must be made Bo Sweeney. Although t\':enty the memo lin e: 1989 Uass Nl'al McBrayer BOXED BRIEF ~t t (lVS by Will MU1'phy eav Last week. the B"itish "overnment ar;nounced tJ lans ~o radically alter the practice of law in the United Kingdom. lvit Ollt it. The most significant changes would be the abolition of the j division bel ween barristers and solicitors and allowing limited \ contingency fee arrangem~nts . Traditionally, only bamsters

t if t', . :-~.:-' \,,~, :t' .. : 111 are allowed to present cases in \ most courts and onl y solici:ors (" ,·r : ~ ": ,, :1'" .': b·. ...;; may deal with the public. There are only about 5000 fo(: :, ... ·~ the- (. '! •. , t· ~. li(. ; e""11 barristers and 'they are anti · ". ,,' ry '. .:,i] generally belter-paid than solicitors. Barristers arc currently self-regulated, b ,t t.he reform package would n l UIr e lawyers to answer only to th e !!overnment to be licensed. The Chairman of the British Bar Association, the trade group of barristers, is less than enthusiastic about the changes. "The quality of justice is threatened and the public will lose." However, a solicit or predicted, "It will mean better lerral ser 'ice and encourage m~re people to use legal services." The renovation is part of a Government campaign to make the British economy stronger 5PSCI AL S150 DI SCOUNT and more consumer-oriented ~ \ THE VIRG:\IA COURSE by application of free-market .:,T THE WIL_I:-\.i~SBURG / principles. The sudden ~ IRGI\IA BEACE LOCATIO~S deregulation of the British TH ROUGH FEBR r ~,, : Y 15th securities Ill.IIkets in October $50 DEPOSIT SAVES $150 of 1986 was politically REGISTER 'WI TH YOU R comparable to the ch;IIlges BAR / BRI REP S O~ CALL CONTACT GINA POLICANO nO\\ being discussed. That 229- 5464 reform bolstered London's POSItIon as the leading 253-6450 international financial center. Some form of the Government proposals should reach Parliament by the fall. Their fate in Parliament is uncertain. The real issue: At present only barristers wear the long, goofy, white ·wigs. Wilr all lawyers now wear' them' or will the barristers abandon them? Page Ten February 2, 19&9 The Ad ocate

than what the state provided. He also found that. as a court air Notice Corr Continued of general juri diction. there Continued from Page Three was jurisdiction to hear ~y GRADUATION, CLASS OF 1990 and Sullivan, to \l;ithstand claim federal or othefWIse, Johnson found that .ince defendant's summary judgment un1es~ J'urisdiction is ex'Pressly motion." denied by statute. Seeking to avoid tile traditional fa ilure of gradu:J.ting Corr's tatement LOuc:he c on a The third and fInal In dismi sing the breach of classes to secure their Ijrst choices for speakers at the law matter of public concern - the arO"ument for dismissal of the contract claim, Johnson vvrot.e school's separate ' 'Jmmcncemem ceremonies, thc teaching effecti\'eness lOd fr~e peech claim was based "it is the opinion of thIS Graduation Commill~ ': of the SBA has begun balloting improper conduct of a J ulJlic on procedure. The defendants court...that the subjective among the second - ve ~ll class to choose a speaker for May employee -- that it was. ,··jm.a arO"ued that 42 U.s.c. S 19 3 determination of those 13. 1990. The initial [ullor. to be retFrned to the hanging fncia protected. He, . ., It d~~s n t gi\'e the state court persons making t~n,ure file of Committee-member 1ike Tompkins (2L) by was theref re up to a 'l ~ to jurisdiction LO entertain federal recommendations and declSIOns Monday, February 6th, asks second-year students to suggest 'I decidebased assertlwheth r Corr's nor- cause of action, and that they are not the proper subjects of a speaker or other aCI;vity for the ceremony, as, well as a 'ons about l' ,chol . f u't under ' T the were Immune rom s I judicial intervention .. , 0 location for the cerem : ny. The second ballot w1 11 present were so unfounded to the doctrine of sovereign contrary, the very co~ce~t of the Class of 1990 wi.;1 all suggesticns received on the leO"it imatelv raise doubto. about immunity. academic freedom whIch IS so initial ballot. C~rr ' - judgment and Johnson said the basic to our society, deman?s qualifications, Commonwealth of v irginia that college and urjverslty CATHOLIC LA\V STUDENTS Second, the defense argued does n t grant absolute officials be free to make that Corr's denial of tenure sO\'ereign inlmunity to ta~e academic decisions such as was based on a lack of officers when they are sued ill whether or not t grant tenure Join the Catholic Graduate Students of William a~d qualifications and not on any their indi\'idual capacity under v,ithout the spectre of having Mary for our monthly First Friday dinners. :! e me t ill retaliation for Corr' s tate law for intentional torts their d 'ci ions reviewed, and the parking lot of St. Sede's Church at 6: 0 pm. and statements about Nichol. and then extended this possible reversed, by :J. judge carpool to a re taurant. C_om~ ?nd meet people from the Johnson wrote that "plaintiff reasoning to hold that a state or jury," .. other graduate divisions 01 WIlham and Mary., The n~xt has cited sufficient fact - in the offici I s~Jed for an intentional Johnson's 13-page opillIOn dinner will be Friday, February j, For more mformatlOn record, particularly in the act unoer federal law o~ld repeateoly states that . the please call Martha King at 2_0-1555, deposition testimony of Coven not enjoy any greater immumty courts must not be turned IJ1to ~;;;;;;;;;;;;;;;;;;;;;;;;:.-.;.------.;.•• --- ..--.--~~----~ a "super-tenure committee," • - He ba ' d his dismissal of the breach ( f contract chim on th lack of any material facts genuinely in di pute, and fo~d fault with Corr's interpretat!o~ of the Faculty Handbcok ar.d the College's published tenure procedures, which Corr had argued were a part of his contract. J u dge J ohnson a~so dismissed C rI ' " defamatIOn claim, which was primarily bas d on negative statements made by Dean ullivan about Corr's qualification. John~on wrote that [with thc exce~tIOn of one statement) "each ot the 'statements made here was unquestionabl.· offered by Sullivan as hi OplJ110n and there is absolut ly no read~g \0'" is the time to make of those tatements whICh \"()Ur choice, Because allows a ny other ~\'ery ,\rtCuyed college interpretation." J ohn~on th~n , dismissed the dclamatIOn claIm 0 ril1 t> - from handsome because tatements of opini n traditional to contem- are n t acti nable. porary styles - is on sale n ()\\ ~ 't"mdl be impressed On The \\ ith the fi ne .\rtCa l"';ed craftsmans hi p th at's Fence Continued from Page Seven backed by a Full Lifetime majority and the t~er ~s ion \\'arranty , ,\ 11(\ you 'll the min ritv, The mmonty J app reciate the :'ilyings, ruling \"~ r the majority. (\ m ~ in the maJ flty, in mbs (\ ut ~ D( nOt response t I forget wh~t (the situati n was reported ill The \\'ashing ton Post and The ew Republic in November r n Il! Ollolitr December), chased members ni{' '(;n((ts;"IIJJsbijJ, of the majority into .a church and killed them. ome of the Reword }Oll Desert'e, nw de:J.d oc r children. But because b th tribe are black. we negle t the injustices in Burundi and we caricature those taking place in o~th Africa, all because of our guilt.

We should remember the injustices of the American pa t--especiall__ those of us College Bookstore whose ancestor were present FEBRUARY 13 - 17th and able to act when those Date Time injustices were taking place. But we should not make other countries atone for our guilt, C 198i,,\rtCa rwd Class Ring. , and when we formulate our foreign olicy we should not let our guilt do the talking. The Advocate February 2, 1989 - Page Eleven No One Wants to Be Number One S peaking Ot by George Leedow and Tim Huge This has certainly turned . Chris Jackson of the Tigers. spot. They were number four out be a zany week in ccIlege I His twenty- eight-'p oint before this roller ce aster round-ball. While we at The performance while being triple- started and they proved they S ports Advocate sports desk prese platls fo r. ~ r.eserv-C?ir at~ ":"a re mor~In_g ~~ t T ut ::~~s~i. Creek, and is active 'in current ELS lobbYing efforts. -contmue t IS Page Twelve The AdYocate The Ad~'ocate

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