College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 1997 Amicus Curiae (Vol. 8, Issue 5) Repository Citation "Amicus Curiae (Vol. 8, Issue 5)" (1997). Student Newspaper (Amicus, Advocate...). 322. https://scholarship.law.wm.edu/newspapers/322 Copyright c 1997 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers The Halloween Bashes, pages 4-5 ~micug (!Curiae MARSHALL-WYTHE SCHOOL OF LAW Allleriea's First La w Sehool VOLUME VIII, ISSUE 'foW(i i=\vE MONDAY, NOVEMEBER 10,1997 SIXTEEN PAGES National Moot Court Team Advances at Regionals Laura Spector, Rinku Talwar, and Joe Kiefer to Go to New York By Rachel Smith Lawyers. It is one of the oldest and largest who after preparing tax returns for her Euclid's duplicity and set up a sting op­ On Saturday, November 8. William competitions of its kind in the country. client. a political party leader. discovered eration with the former client to trap the and Mary's moot court team comprised of Last year approximately :215 teams from that the client had accepted bribes in ex­ CPA. At th e agent's suggestion, the client Joe Kiefer. Laura Spector. and Rinku 151 law schools participated in this pres­ change for political favors. Unfortunately, continually contacted Ms . Euclid asking Talwar (Team I) rece ive d the second place tigious event. The law schools are initially one of the bribes was from Ms . Euclid's her to help him file a false tax return . award in the Regional Round of the Na­ spl it into 14 regional groups that compete husband, a federal judge. Ms. Euclid Wh il e Ms. Euclid initially rejected all tional Moot Court Competition. Addi­ for the coveted fU'st and second place posi­ immediately contacted her client and asked such contact with her fonner client. she tionally, as runner-up, the three tions. Once the rap two teams are chosen him to file an amended return. The client finally agreed to help upon hi s threat to competitors will represent our school in from each region, they go on to'compete in refused the request and threatened to ex­ expose her husband's previous activities. the prestigious Final Round to be held the Final Round, \"hich is held in New York pose Ms. Euclid's husband ifshe reported Ms. Euclid was charged with making a early next year. CongratulatiQns must City in late Janumy. Each competing team the bribes. Ms. Euclid removed herself material false statement to government also be extended to Alison Brehm. Col­ is required to submit a brief prior to partici­ from the situation by changing her entire agents, conspiring to defraud the U.S. leen Kotyk. and Stephanie Zapata (Team pating in the Regional Rounds. The briefs business practice and refusingto have any government and with filing a false tax II) who \vere judged to be one of the top are graded separately by a panel oflawyers more contact with the client. Three years return. Ms. Euclid's defenses included an ten teams at the Regional Round this and that score, which compri ses 40 percent later. an IRS agent contacted Ms. Euclid application of the exculpatory no excep­ weekend. of the team's overall score, is averaged in concerning the questionable activities of tion to the false statements and a claim of . The National Moot Court Competi­ with their oral results. her former client. During an informal entrapment by the IRS agent. tion is an annual event that is co-spon­ Each William and Mary team had ap­ interview, Ms. Euclid' s response to all Upon subm ission of the brief to the sored by the Young Law'yers Committee proximately four weeks to prepare their questions by the agent was "No" or " 1 regional sponsor, the teams th en prac­ ofthe Association of the Bar ofthe City of briefwithoutany outside help. This year's don't know." These answers were in fact ticed for the oral portion of tbe competi­ New York and American College of Trial problem involved a CPA. Eunice Euclid, false. The IRS agefti><later learned of Ms . See MOOT COURT on 3 Professor Smolla to Leave M~ W for Univ. of Richmond Latv Professor Smolla announced Smolla currently teaches round in the continu ing resigna­ Sm01la argued th at the First last week that following his hia­ Constitutional Law, Mass Me­ tion of professors and members Amendment does not protect the tus to Duke University Law dia Law, First Amendment Law, of the administration at the publisher from civil su it. School. he will leave M-W to Law and Religion, and Civil school. Smolla received hi s under­ become a law professor with the Rights at the law school. His Smolla is a nationally re­ graduate degree from Yale and University of Richmond. His departure leaves a gap in the law nowned authority on the First his J.D. from Duke Un iversity. announcement came one semes-' school's Constitutional Law and Amendment and often consults He clerked for the Honorable ter following his resignation as FirstAmendment leadership and on leading First Amendment Charles Clark, United States head of the Institute of the Bill of comes at an especially hard time cases, including the recent case Court of Appeals for the Fifith Rights. Smolla is currently the in light of the law school's lack where a fami ly sued the pub­ Circuit. Arthur B. Hanson PI:ofessor of . of a full-time dean. His resigna­ lisher of a "how-to" manual on Smolla will be on sabbatical Law at M-W. tion can be viewed as the next assass inations. In that case, at Duke University th is Spring. Professor Rod Smolla Library Refuses to P~rchase Required Texts for Classes By Danielle Berry any other textbook unless a professor at Notwithstanding Heller' s refusal, stocked with the latest Continuing Legal Recently, I ventured into the land that the law school had authored the text or Klemmack countered that she would like Education (CLE) materials, an abundance most 3Ls seek to avoid - the library. unless the course professor explicitly had to have one copy of the primary textbook of fo rm books and treatises on various Breaking from my nonnal routine of asked for it to be placed on reserve. A p­ for each class available for students who interpretations of local statutes, and the speeding past the circulation desk and parently, Petra Klemmack, Director of forget their books. Given the fact that few most recent editions of state codes from into the computer lab to check my email Circulation, approached Jim Heller, Di­ students live (or park, for that matter) every state in the union. Arguably, stu­ and escape as quickly as possible, I de­ rector of the Marshall-Wythe Law Li­ -close enough to the law school to run dents researching independent projects or cided to flip through the Professor Re­ brary, at the beginning of the semester home and grab a text they may have journal notes will take advantage of some serve List notebook. As I perused the and asked Heller whether the library cou Id forgotten in the morning, a student who of these materials. It is much more likely notebook, I noticed that many, ifnotmost, purchase the primary textbooks fo r each inadvertently leaves a book at home faces that these students will perform their re­ of the primary textbooks for the classes class and place them on four hour reserve a situation in which they must explain to search more expediently and thoroughly taught th is semester appeared not to be on for student use. often incredulous professors that they do See NO BOOKS on - 3 reserve for student use. Heller denied Klemmack's request, not have the materials. However in sig­ Forexarnple, the textbook forthe class . contending that the library was not, nor nificant an event this may seem to some Inside for which I specifically was seeking ma­ should be, responsible for subsidizing stu­ upperclassmen or adm inistrators, I clearly PDP Intitiation Brings Justice 3 terials had not been placed on reserve, dents by purchasing all the textbooks so remember the anxiety I felt when I ven­ A Law Parent Speaks Out 7 despite student requests for the book. that students may use them at their conve­ tured into Professor Butler' s class with­ Padow's and Corned Beef 10 When I inquired about whether or when nience. Heller justified his position by out my Property book. Christmas Gift Ideas 11 this textbook would fmd its way into the asserting that students should be respon­ Even as Heller refuses requests from The Loveline 12 library, a library employee informed me sible for purchasing any text or casebook students and his own staff to procure 1M Headline Goes Here 15 that the library would not acquire that or that a professor requires for class. certain textbooks, the library remains fully p ; -, 2 Monday, November 10, 1997 THE AMICUS CURlAE From the Editor's Desk • • • "So basically, I'm screwed," was told I needed to see the I explained that I thought the when they failed to publish the I asked at the William and Mary woman at another desk. After school's policy of bullying stu­ permanent directories on time. post office. "There is absolutely waiting several minutes as the dents who ask for these fonns is They are already five weeks late, nothing [ can do about not get­ woman chatted on the phone, I irresponsible.