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 4) Repository Citation "Amicus Curiae (Vol. 8, Issue 4)" (1997). Student Newspaper (Amicus, Advocate...). 368. https://scholarship.law.wm.edu/newspapers/368 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 Race for Governor, page 8 ~mtcug C!Curtae MARSHALL-WYTHE ScuooL OF LAw Ame1•iea~ First La JF Sehool VOLUME VIII, ISSUE FOUR Streit Wins Moot Court The I 997 Bushrod Moot Court Tour­ patient in the emergency room of the nament ended on Sunday, October 19, hospital that became the petitioner in this when Robert Worst and Kevin Streit faced · matter. The nurse subsequently filed a off in an argument so well presented and claim under the Americans with Disabili­ reasoned that the judges had to seek clari­ ties Act (ADA), alleging that the hospital fication on the Tournament rules in order terminated her because of her disability to determine a winner. After a lengthy without making available any of the ac­ deliberation, though, a panel of three sit­ commodations set forth in the Act. tingjudges declared Streit the victor and Effectively a problem of statutory in­ recipient ofthe coveted number one rank­ terpretation, the problem raised ethical ing on the M-W Moot Court Team. and pragmatic issues relating to the ac­ This year's problem, crafted by Kristan commodation of a health care worker in Burch (3L), involved a hospital's termi­ the context of a busy hospital emergency nation of an emergency room nurse (Janet room. Issues similar to those brought out by competitors throughout the rounds of -Sluffphoto Moseley) who had tested positively for Semifinalists Elizabeth Sumner and Robert Worst. the HJV virus. Moseley apparently ac­ the tournament have become prominent quired the virus that causes AIDS from an See MOOT COURT on 4 Dean William Spong Dies at Age 77; Lifelong Friend ofM-W By Sutton Snook honor, a rarer sense of humor, a Sydney College. He received Robertson, fatheroftelevangelist doomed Marshall-Wythe School On Wednesday, October 8, powerful intellect, and a daz­ his law degree from the Univer­ Pat Robertson, in the Democrat of Law. The American Bar As- former Dean William Belser zling capacity for practical judg­ sity of Virginia in 1947. primary for the United States sociation was threatening to re­ Spong, Jr. died of a ruptured ment." Sullivan later wrote that Spong's life can best be sum­ Senate by just 611 votes. He move accreditation from the aneurysm in Portsmouth's "Virginia-to its lasting loss ­ marized by his commitment to later won the seat and served one school unless it moved to new Maryview Hospital. He was 77. will see none like him ever public service. Spong served term. facilities. Spong served as Dean of again.' with the Ninety-Third Bomb Then Majority Leader Mike Spong took the challenge with Marshall-Wythe during one of Dean Paul Marcus wrote that Group of the Eighth Air Force Mansfield called Spong the "best veracity, building not only a new its mostdifficulttimes, from I 976 "During his time here, he suc­ during World War II. Entering freshman member" he had ever facility but also the reputation to I 985, during which time, he cessfully responded to acc redi­ politics in I 954, Spong was seen. Among his achievements of the school to national promi­ brought the law school from a tation concerns in the American elected to the Virginia House of in the Senate is his author hip of nence. He raised$5milliontodo basement local college of law to Bar Association, skillfully guided Delegates. the now famous War Powers this and established the In stitute one of national prominence. us to a new first class building Two years later he joined the Resolution and the Clean Air Act. of the Bill of Rights. He also College President Tim facility, and hired many of the Virginia Senate, where he spear­ Upon retiring, Spong became a doubled the number of volumes Sullivan noted that Spong was outstanding people who stiJ l fonn headed a tv,·o-year study of founding memberofthe law firm in the library increased the num­ "the most thoughtful public ser­ the core of this law faculty.'' Virginia' s public school system. of Cooper Spong and Davis. ber of faculty, students, and vant of his generption. His great­ Spong was born in Ports­ In 1966, Spong beat a twenty­ In 1976, Dean Spong was courses. Without these efforts, ness was made of a rare sense of mouth and attended Hamden year incumbent , A . Willis challenged to save the then See SPONG on 4 Tenth Annual Supreme Court Preview Showcases Civil Rights By Dana Loftis As always, this was the most heavily the case this year. It is a closely watched Law School. Two Marshall-Wythe pro­ The 1997-98 Supreme Court Preview attended event of the weekend. The case, case that could have far reaching implica­ fessors, Alan Meese and Susan Grover, was once again held at Marshall-Wythe Piscataway v. Taxman, involved nvo tions for affirmative action programs and presided as justices along with a distin­ on Friday, 24 October and Saturday, 25 teachers with identical qualifications, hired practices that are based solely on a desire guished group oflegal scholars and jour­ October, to the delight and wonder of all · on the same day in the same school. When to encourage diversity rather than redress nalists. involved. This was the tenth annual Pre­ alayoffwasnecessary, Taxman, the white past discrimination. The decision was 6 affirming, 2 for view. teacher, was fired and the black teacher The case was argued, for the purposes reversal and I to vacate and remand. Pro­ Held contemporaneously with Alumni retained in order to maintain the diversity of the moot court argument, by Samuel fessor Meese offered the strongest opin- Weekend and the Annual Alumni of the teaching staff. lssacharoff and Suzanna Sherry. See SUPREME COURT on 5 Barbeque, parking spaces were as rare as Taxman challenged the decision and Issacharoff, who was involved in the land­ wrinkles on a supermodel's forehead. the Bush Administration backed her in mark affirmative action case, Hopwoodv. Inside Attendance was high, however, and the order to test the constitutionality of affir­ State of Texas. Issacharoff represented Student Privacy 3 usual business of discussing and analyi:­ mative action. Although the Clinton Ad­ Texas successfully in Hopwood, over­ More PSF Summers 6 ing·.the upcoming issues facing the Su­ ministration asked the Supreme Court not turning preferential admissions practices Outback Bar Review 9 preme Court went off with only the usual to review this case because it was not felt for minorities at UT schools. Chowning's Tavern Reviewed 10 number of hitches. to be suitably representative as a test of Sherry is a well-known legal scholar Breakfast at Kimberle's 13 The highlight of the Preview was the affirmative action due to the particularity and a professor of civil rights and civil Coughlan Spouts Sports 14 Moot Court Argument on Friday evening. of its facts the Supreme Court will hear liberties at the University of Minnesota I 2 Monday, October 27, 1997 THE AMI.cus CURIAE From the Editor's Desk • • • Last week, Dean Marcus with temperature problems. One ministration must focus on is the also true, however, that the cur­ dropped a letter into al l of our must won der, however, how the structural damage in the current rent building desperately needs hanging files regarding th e new adm ini stration can find the per­ building. Although the adminis­ attention. The law school ad­ addition to the law schoo l. Al­ fect temperature for the adm in is­ tration fin ally addressed the leak­ ministration would be wise to though the adm ini stration cor­ trative and faculty wing, but not ing roof and had it re-surfaced, get its cun-ent house in order rectly decided to build the larger for the· classrooms. there remains major damage to before the construction of an­ addition, it has neglec ted the sad · · The problem is not localized the building itself. For example, other. By waiting much longer, to build it on the backs of stu­ state of the current building. to Room 127, but rather infests the Amicus office wall has a not such as when t~e backhoes begin dents? The most obvious examp le all of the classrooms and the li­ only a crack and a hole, but also digging, the continued surface I realize the administration of this is the problems with the brary, making study environ ­ the top halfofthe wall is separat- disruptions wi II cause reverbera­ has been placed in a Catch-22, heating system. While I would ments condu cive to napping . ing and moving south while the tions, further exacerbating the having to choose either a smaller expect Key West to be a com­ ra ther than concentration. It is bottom halfis remaining in place. damage to the bu it ding. The cost building or borrowing the money fortable 90 degrees as I comfort­ hard to pay the necessary atten­ In other words, the building is of repair is rising. We cannot to build a larger addition, but ab ly sit on the beach sippin g a tion to the readjngs for Secured falling off its foundation. Al­ afford to wait much longer. already financially strapped stu­ margarita, I don 't expect it in Transactions in an overwhelm­ though I have brought this to the Before the administration dents cannot afford to fill the Room 127 on Monday mornings in gly hot carrel in the library.