February 4, 2000
Transcription
February 4, 2000
Virginia Law Weekly The Newspaper of the University of Virginia School of Law Since 1948 “Freedom of religion, freedom of the press; freedom of persons under the protection of the habeas corpus; and trial by juries impartially selected, — these principles form the bright constellation which has gone before us, and guided our steps through an age of revelation and reformation.” THOMAS JEFFERSON Around North Grounds It’s fun time: journal tryouts are here! An All-Journal Informational Meeting will be held on Monday, February 21st, at 1 p.m. in Caplin Auditorium. Open houses at the various journals will follow the next week. The three weekends for tryouts are Friday, February 25th to Monday, February 28 th , Friday, March 3rd to Monday, March 6 th, and Thursday, March 9 th to Sunday, March 12th. For the first time this year, participants will be allowed to try out for two journals plus Law Review. Vol. 52, No. 17 Friday, February 4, 2000 Law School to Lock its Doors in 2000 Access May Be Limited to Law Students and Faculty During Evening Hours by Don Cole ‘00 Citing increased security concerns, Law School Dean Robert E. Scott announced that the Law School plans to restrict access to the Law School building in the near future. “I have decided that we will install at the Law School this spring the hardware to implement a controlled access system,” said Scott. “I am prepared to take responsibility for the decision,” he added. The Dean expressed hope that the University is now in negotiations with a contractor to install the system. The negotiations are expected to conclude by the end of March. The Dean also addressed the potential concern of law students that the new policy would limit their ability to use the facilities as they do now. “I’ve made a second decision which I am prepared to take responsibility for,” he said. “All members of the Law School By the way, kids, you don’t have to try out for the Law Weekly. Thumbs way down to all professors who cannot submit grades by the February 1 deadline [except Prof. Coughlin who e-mailed her students about the situation]. Let’s see here, the beauty of a hard and fast rule is…that it provides reasonable expectancy, right? Wrong. ANG has been flooded with complaints that professors weren’t able to live by this simple rule of submitting grades by a specific date. ANG wonders which rule students want to “let slip” in return? The Rex E. Lee Law Society is sponsoring a presentation by Thomas Griffith ‘85 on Feb. 10 at 4:15 in Caplin Pavilion. Mr. Griffith will discuss his role as the Senate’s chief legal officer during the impeachment trial of President Clinton. Thumbs down to Professor Jody Kraus for continuing to cold call students for three weeks despite promising his Secured Transaction’ students an on-call list on the first day of class. Thumbs up to the return of the weekly SBA student activities e-mail. ANG encourages all groups to contribute to the e-mail and resist the temptation to kill more trees by stuffing mailboxes. Thumbs down to Feb Club organizers for giving party hosts little notice of their scheduled party dates. Some hosts were given less than 24 hours to prepare. On their behalf, the organizers were hampered by a lack of student interest in hosting parties. Where’s Riley Ross when you need him? Be sure to sign up for Super Saturday on Feb. 12 in Withers see ANG page 3 In this issue: Winter Blues .......... p. 4 Mortimer Caplin .... p. 5 Subscriptions Available photo by Marc Cohn The Law School will improve lighting and add a security phone on Massie Road. the Law School will be part of a University-wide “one card system” that is currently in the planning stages. According to Dean Scott, community will have full access to the building. My view [is] that is what the honor system is all about,” he added. The announcement came Tuesday afternoon at an open forum on security issues sponsored by the Building Security Committee, which is chaired by Professor Thomas White. The forum was attended by approximately 65 students, many of whom took the opportunity to express their opinions. One issue that has yet to be decided is whether or not other members of the University-wide community will be given similar privileges. Several students expressed concern that limiting access to law students would increase the resentment directed towards the Law School that was generated by the restrictions on library use during exams. “We need to consider the effect on the University,” said third-year Nicole Bourget. “In light of what happened with the library thing it would be a good idea to bring an undergrad in [to sit on the committee].” Third-year Elizabeth Semancek expressed a similar concern. “I hope that in our effort to improve security…we don’t allow that to be communicated to the rest of the University…as a denial of the ability to come to the Law School,” she said. Others were not as concerned with the effect on non-law students if it meant increased security on the Law Grounds. The Dean pointed out that the Law School’s current open door policy is “an absolute anomaly” as compared to other schools across the country. “To my knowledge, no other law school in the country has that [policy],” he said. Another security measure under consideration by the committee is the stationing of a University police officer in the building during evening hours. However, the Dean noted that the University police department will not provide an officer unless and until the law school adopts some form of a restricted access system. “The policy of the University police on this matter is clear,” he said. The rationale given by the police is that it places too great of a burden on the officer to determine who should be in the building unless access is restricted. “Cost is not an issue,” he noted. “The Law School will pay the bill.” Third-year Brian Wise asked whether the officer would be armed. “I would certainly doubt it,” responded Scott. “My view is that would be improper. I don’t think we are looking for a shoot-out in the Law School.” Captain Michael Coleman of the University police who was in attendance at the forum added: “We are not currently using security guards that are armed at any other see SECURITY page 3 Public Service Law Comes to U.V a. by Ryan Coonerty ‘01 Yale Law School better watch out. If second-years Forrest Christian and John Henning and their crew of volunteers have their way, U.Va. will be the new center of public service law. On March 3, the Law School will host its first-ever Conference on Public Service and the Law. The two-day conference is studentorganized, with support from the Caplin Public Service Center. It is designed to offer law students from across the country the opportunity to participate in panel discussions and informal workshops with advocates, policymakers, litigators, and professors from various fields of public service practice. As a direct outgrowth of this interaction, conference organizers hope that more law students will dedicate their careers to public service. “We hope that the Conference will bring public interest and pro bono work into parity with corporate law at the Law School,” notes Christian. More than thirty students have spent the past year planning, fundraising, and organizing the conference. They have arranged for panelists in a number of areas, including Criminal Litigation, Civil Rights, Environmental Justice, Legislative and Political Affairs and International Human Rights. Panelists include representatives from the Department of Justice, Capitol Hill, the White House, a variety of non-profit advocacy organizations, and some of the nation’s top law firms. Students have raised over $22,000 for the Conference and are presently working long hours to reach their goal of $35,000 by February 15. This successful fundraising effort has enabled the Conference to offer travel stipends to law students from around the country. The response thus far has been, according to second-year Alison Ho, “overwhelming.” “We already have students from Gonzaga, Dickinson, and Pace, among others, that have registered for the Conference.” Sean Maloney (’92) will open the Conference on March 3 at 7 p.m. Maloney is currently serving as an Assistant to the President of the United States and Staff Secretary. In this capacity, Maloney is responsible for all information going in and out of the Oval Office. Maloney is the only White House official authorized to make decisions in President Clinton’s name, an action that he must undertake frequently, often having to inform the President after the fact. The youngest member of President Clinton’s senior staff, Maloney is also the highest-ranking openly gay man ever to serve in any administration. On March 4, the Virginia Law Women will host a luncheon with Judge Diana Motz of the Fourth Circuit Court of Appeals. Judge Motz will discuss her involvement in the VMI case, as well as the opportunities and challenges women face in pursuing legal careers. That same day, more than 50 practitioners and 10 professors will engage students in a series of panel discussions. These panel discussions will be informal in tone and are designed to foster interaction between panelists and students. As such, they will present see PUBLIC SERVICE page 4 Printed on recycled paper photo by Marc Cohn High-Tech Test Taking by Guy Brenner ’02 The University of Virginia School of Law has seen the future and it is… well, we’re not sure how it is. Last semester, for the first time, first-years were required to take their final exams in-class on laptop computers. The new policy was devised in response to consistency and safety concerns posed by takehome examinations and professor and student preferences for typed exams. First-year law students were required to own a laptop computer in order to implement the new exam policy. The policy required that students copy their exams onto two floppy diskettes — one to be submitted to the Information Technology & Communications department (ITC), the other to keep in case the disk submitted was corrupted. ITC then printed out the exams and delivered the printed papers to the appropriate professor. So how did the new system work? According to Academic As- sociate Dean Paul Mahoney, the new procedure “went as smoothly as could be expected the first time through.” Mahoney credits the “extremely hard work” of Assistant Dean for Information Technology Gary Banks for the success. Banks, speaking for himself and Mahoney, in turn praised “[Assistant Dean for Academic Support & Registrar] Abby Gillette, Student Records and the students [for making] the system work. It really was a team approach. Everyone involved had to work together.” According to Mahoney, the most common problem experienced was computers not saving student exams to a second floppy diskette, but that the problem was extremely limited. First-year Leah Stewart believes the “second floppy” problem stems from the Administration’s instructions, which instructed students to “alternate” saving between their two floppy diskettes. Stewart did not experience the problem personally, but believes that “alternating see TEST page 3 Editorials 2 Virginia Law Weekly Jury Box What was your favorite Super Bowl commercial, and why? Charles Marr, 1L: “Definitely e*trade’s ‘We wasted 2 million on this commercial.’ It reminds me that I’ve spent all my money at St. Maarten’s.” Dave Cummings, 2L: “I liked the investment one with all the retired athletes because you didn’t expect Mike Ditka to come in — he was just fired a week before that, and I was surprised they put it together that quickly.” Dave Schumacher, 3L: “I liked the one about the internet company — the ‘dot com’ one.” Colleen Hitch, 1L: “I liked the Budweiser one with the dog because I run into things too.” Editorial Policy The Virginia Law Weekly publishes letters and columns of interest to the Law School and the legal community at large. Views expressed in such submissions are those of the author(s) and not necessarily those of the Law Weekly or the Editorial Board. Letters from organizations must bear the name, signature, and title of the person authorizing the submission. All letters and columns must either be submitted in hardcopy bearing a handwritten signature along with a disk containing the file, or be mailed from the author’s email account. Submissions must be received by 5 p.m. the Monday before publication and must be in accordance with the submission guidelines posted on the door to the Law Weekly office in Rooms SL277 & SL279. Letters over 500 words and columns over 700 words may not be accepted. The Editorial Board reserves the right to edit all submissions for length, grammar, and clarity. Although every effort is made to publish all materials meeting our guidelines, we regret that not all submissions received can be published. Virginia Law Weekly Editorial Board Don Cole and Ryan Farney Editors-in-Chief Sarah Shalf Kristina Dell Managing Editor Executive Editor Erica Bachmann Richard Bland Columns Editor News Editor Marc Cohn Amy Collins Senior Editor Features Editor Friday, February 4, 2000 Letter to the Editors Manifesto of the Non-Typist Dear Editors, During finals, many professors chose to stick with the school’s party line, propagated by the Office of Academic Support and Registrar, that computer-typed exams were mandatory. I am no great keyboardist, and if I had a choice, I would not choose to take my exams on a computer. The major problem I have with the new computer policy is that it denies me this choice. If our law school is truly interested in promoting high academic achievement among all members of its student body, it should be bending over backwards to allow all of its students, especially its first-years, to take exams in the manner that is the most conducive for the success of each individual. Some may be skilled typists, and feel more comfortable in front of the keyboard, and these people should by all means have the option of typing their exams. Meanwhile, those whose typing skills are limited, and who feel that they would produce a better product if allowed to hand-write, should be allowed to do so. As it stands now, our Office of Academic “Support” (responsible, along with the faculty, for instituting the rule) is only really offering “support” to one group of students (typists), and is leaving another group out in the cold. Forcing non-typists to take exams on computers arbitrarily favors one class of students (typists) over another (non-typists). The requirement can damage the exam performance of non-typists both psychologically and mechanically. In our regime of curved grading, you cannot possibly argue that someone who types 20 WPM is not automatically at a disadvantage when he or she sits down to take a timed exam taken by someone who types 70 WPM. At the very least, for non-typists this situation grafts another pointless level of stress onto an already stressful situation. More importantly, the difference of 50WPM could mean the difference between completely spotting Associate Editors Ben Block Associate Columns/Reviews Editor Chris Burke Associate Production Editor Howie Chang Editor-at-Large Tarah Grant Associate Production Editor Debbie Prisinzano Treasurer Jonathan Riehl Associate Production Editor Staff C ONTRIBUTORS: Guy Brenner, Ryan Coonerty. C OLUMNISTS: Dan Brozost, Ryan Coonerty, Mike Elkon, Brian Kahn, Steve Klepper, Adrienne Johnson, Jackie Sadker, Kristin Prohl (SBA Notebook), V ANGUARD R EVIWERS: Michael Chu, Priya Sopori, Shawn Pompian, David Stuckey, Jami Wyatt, Ryan Clinton, Shaheen Sheik, Scott Matthews, Leslie Hermanson, Darcy Goddard, Harrison Clay, Chrissie Hart, Sheedeh Moayery, Genevieve Schaab, Andrew Oliver Published weekly on Friday except during holiday and examination periods and serving the Law School community at the University of Virginia, the Virginia Law Weekly (ISSN 0042-661X) is not an official publication of the University and does not necessarily express the views of the University. Any article appearing herein may be reproduced provided that credit is given to both the Virginia Law Weekly and the author of the article. Advanced written permission of the Virginia Law Weekly is also required for reproduction of any cartoon or illustration. Entered as second class matter at the Post Office at Charlottesville, Virginia. One year subscriptions are available for $25.00. Subscriptions are automatically renewed unless cancelled. Address all business communications to the Managing Editor. Subscribers are requested to inform the Managing Editor of change of address at least three weeks in advance to insure prompt delivery. Mailing Address: Virginia Law Weekly, 580 Massie Rd., University of Virginia School of Law, Charlottesville, Virginia 22903-1789 Phone: (804) 924-3070 Fax: (804) 924-7536 E-mail Address: Va-Law-Weekly@virginia.edu Website: http://www.student.virginia.edu/~law-wkly Printed on recycled paper by theVirginia Law Weekly and the University of Virginia Printing Office. © 2000 Virginia Law Weekly Matthew Axtell ‘02 SBA Notebook Wow, can you believe that we are three weeks into the semester and we have all accomplished absolutely nothing real to speak of? (Yes, I am making the big assumption that Feb Club parties, snow football games and building up your tolerance again at Bar Review don’t count). Jennifer Leong Reviews Editor “ two issues and five, the difference between a B and an A. Why is the administration so eager to punish non-typists? The last I checked, we all got into U.Va. Law because of our grades, test scores, experience, and activities, not because of our typing abilities. The school is ostensibly designed to create lawyers, not legal secretaries. If typing is so important for our training, why doesn’t the school offer optional or mandatory typing classes? In a couple of weeks, the official regime will come out with a statement of how “smoothly” the computer-only exam program went, and how this equals its “success.” Indeed, typed exams are supposedly easier for professors to read and thus grade. But does this short-run payoff in efficiency supersede the school’s interest in having all of its students perform their best on exams? Is administrative efficiency really more important than the overall fairness of the exam process? What do we value more here at U.Va., computers or people? These are questions that the administration is not willing to address and surely not willing to answer. In fact, the most disappointing aspect to this whole episode has been the way that the powers that be have avoided student dialogue about the consequences of their computers-only policy. When questioned, the Office of Student “Support” replies that non-typists such as myself “all knew about the policy before we enrolled.” If you don’t like the rule, it’s you’re fault for coming (and we don’t want you here anyway), they seem to be saying. This argument misses the point and is more than a little insulting. When I read of the computer requirement prior to enrolling at U.Va., I figured that the school, as befitted its distinguished faculty and national prestige, would be enlightened enough to offer hand-writing options for non-typists come exam time. I didn’t expect to be made to feel a secondclass citizen of the Law School because of my lack of keyboarding expertise. Maybe I should have. McKenzie Webster, a second-year law student, writes for the SBA this week. Well, of course we can believe it because every semester starts out this way. But now maybe it’s time to do something worthwhile. No, I’m not talking about reading Property or Fed Courts but instead spending the day building a house or helping Bosnian refugees fill out their tax forms. Super Saturday is back and next Saturday, February 12th, we need your help in making a difference in C’ville. Super Saturday is an annual Law School tradition that involves spending one Saturday afternoon volunteering with other students on one of a variety of projects. All it takes is one Saturday afternoon and a little heart. C’mon, the Super Bowl is over, Barrister’s Ball will be over soon too, and spring break isn’t for another month. In the midst of Feb Club debauchery, Super Saturday will give us all a chance to do something constructive that isn’t for ourselves. We’ve all seen you do “anything for money,” now how about trying to do “something for nothing?” Last year’s Super Saturday was a rousing success, as over a hundred students volunteered to do everything from building a house for Habitat for Humanity to sharing their pets with residents of an elderly home. Everyone had a great time and a lot of work got done, but just as importantly we were able for one day to extract ourselves from our little world on Massie Road and get a small glimpse of what is really happening out there. There’s a whole world out there beyond Copeley and the Superfields, one where not just 2L A.G. can make a difference. Last year, while visiting residents at the Riverside Senior Center, I had the incredible opportunity of meeting a resident who, despite the loss of use of both her arms to a debilitating disease, painted beautiful landscape pictures. She had always been an artist, and after losing the ability to use her hands she simply had a paint brush made that she could Faculty Quotes of the Week And the winner is... Walker: “[Justice Brennan] looks over at him like he’s too far off of first base and won’t be able to get back... and Erie is the ball the pitcher throws to first. Wham! You’re out, Scalia.” Runners up: Whitebread: “You do not look like a group that got it. You look like a group that don’t got it. You just don’t look persuasive at all. Most of you are clinging to your computers like the whole thing will fly away.” Harrison: “Amy Wax and I were talking today about the lack of moisture in our lives.” Walker: “My wife and I watched the Weather Channel so much this weekend that we have favorite meteorologists…then we realized we need to get out more.” Henderson: “It’s an invitation to the dance. And what dance is that, class? It’s the Reliance Dance.” Dooley: "People don't usually come home and say, 'Honey, I got a raise! Fill up the bathtub and call the neighbors over!'" Levinson: "By the way, does anyone know what the state drink of Wisconsin is?" Students: "Beer?... milk? ...cheese?" Levinson: "Um...did someone say CHEESE....um...that's the worst answer EVER!" Long: “I’ve seen signs that say ‘You break it, you pay for it,’ but never ‘You piss on it, it’s yours.’” G. Robinson: “More television, yum, yum, yum!” Submit your faculty quotes to us at Va-LawWeekly@virginia.edu. ” use with her mouth. Her pictures decorated the halls of the Center and her attitude amazed us all. I went to this Center thinking that maybe I was going to be able to make a small difference in someone else’s life, and I left having realized that the residents had made a bigger difference in mine. This year, there will be an additional opportunity — to help Bosnian refugees who have settled in the Charlottesville area fill out their tax forms. If you all can get up at 8:30 a.m. three mornings a week to listen to Yin talk about tax, maybe you can spare one more morning to help those who need it do their taxes. There will be sign-up sheets all next week at a table in H&W Hall, and the fun will start Saturday morning around 9 a.m. We will provide bagels and juice that morning before the activities and there will be a pizza party in the evening for all the volunteers. And by the way, I know y’all have time because I hear the gym crowd has been getting back to normal. Let that hopeless New Year’s resolution go and spend the day helping someone else keep theirs. Virginia Law Weekly News Friday, February 4, 2000 TEST SECURITY continued from page 1 location in the University. We’re not looking at anything that will establish a heavy-handed situation.” Wise also expressed concern as to whether the officer would proactively attempt to pick out certain groups who “look a certain way” and have them removed from the building. “If people are operating in a clearly inappropriate manner,” the officer will respond, Coleman said. “We try to make things behaviorally based.” The Law School plans to make several other security upgrades based upon the recommendations of the Building Security Committee. They include improvement of lighting in the parking lots and walkways, installation of additional security phones around the law grounds and implementation of a reporting procedure to collect information about incidents on the Law Grounds. The reporting policy will be administered through the Office of Student Affairs under Assistant Dean Beverly Harmon. Professor White indicated that the reporting system was very important for a proper Law School response. “We can’t do it without your help and without the necessary information,” he said. The Security Committee was formed in response to student concerns expressed in a Virginia Law Women survey conducted last spring. The committee consists of faculty and students including SBA President Kristen Prohl and thirdyears Greg Hunter and Maura Swan. “[The committee] has been focusing on issues of security for over a year,” said Dean Scott. “I look at this [security] forum as the culmination of the initial stage. It is an ongoing process. We invite your participation and comment,” he added. According to Scott, the next stage includes developing the specific parameters of the restricted access policy including who has access, when they have access and whether an on-site security officer is necessary. The committee is looking for student input into these decisions. Next week, an electronic survey will be distributed to all members of the Law School community to ascertain their views. “[The students’] input is critical,” said Dean Scott. photo by Marc Cohn continued from page 1 floppy diskettes causes many computers to crash.” Banks said he intends to issue new instructions for saving exams to floppy disks. According to Banks, the ITC staff faced the “expected” volume of computer problems. During the first and last exams, ITC handled 6-8 problems requiring personal assistance. Twelve students during the last exam required on-site help, while no students required ITC personal assistance during the third exam. In terms of problems encountered reading submitted disks, ITC dealt with only 19 such cases (approximately one percent of exams). Fifteen of the incidents required students to visit ITC staff with their backup disk, which remedied the problem for all but two students who did not backup their work. The two were graded on whatever could be retrieved from the corrupted disk. So how do U.Va. first-years feel about the exam procedure? Those who experienced problems have mixed feelings. Ray Reduque received an email a few days after an exam directing him to bring his second floppy disk to ITC. Reduque found the experience not as scary as some might expect. “The ITC people were really helpful. They opened my backup disk and printed out a copy.” Reduque was also helped by the fact he had followed the Law School’s instructions and not opened his backup copy of the exam, leaving the timestamp—and the document’s integrity—intact. One first-year student had her laptop “bust” two paragraphs into her Civil Procedure exam. “I went to the ‘help desk’ who ‘helped’ me by telling me to write the exam. I think the whole process would be a lot smoother if they had a few Around North Grounds backup laptops for situations like this.” Banks said that he will “take a look at having a pot of five PCs around” for students with computer problems during exams. Some students who evaded the nightmare of a computer malfunction were affected by the fear that one would arise. As Tom Antkowiak put it, “Finals are bad enough without the specter of hard drive failure constantly haunting you.” Still, many found the additional stress was not without its benefits. Scott Fink liked the system “because it allows the student to edit the exam more easily than one could with a written exam.” Other students are concerned that the additional capabilities that come with laptop exams could be used for less than pure ends. “Based on what I saw throughout the semester, it’s clear a lot of people here don’t take the honor system seriously,” Matt Branson noted. “It makes me wonder how many people who took closed-book exams on their laptop [gave in to] the urge to open their outline on the hard disk… It would be easy to do without anyone noticing.” Laptop exams raise other issues of concern to students as well. For example, Amanda Galton noticed that an exam room full of typers creates a lot of distracting background noise. Galton advises that “the trick is to not get psyched out by all the exam noise — I had good training from trying not to get rattled by people during the exam period who thought that the library was their kitchen and proceeded to eat all the chips, pretzels, and crunchy salads they could shove into their faces.” Whatever praise or criticism students have for the new system, it is clear that it is the future of this law school’s examination regime and they have no choice but to get used to it. (continued from page 1) Brown Hall next week. This annual event takes law students to various organizations throughout Charlottesville for a half-day of community service. It’s a great way to ease your conscience during the debauchery of Feb Club. Congratulations to first-year Patrick Dolan and his not so recent engagement to his nowfiancee Ingrid. Better late than never for a mention in ANG, huh? Thumbs down to the inconsiderate law students spotted parking in the handicapped space in front of Zazus on Monday night. Judging by their attire (gym shorts) they had apparently just come from working out. It amazes ANG that people who will make a special trip to the gym to exercise are too lazy to walk the few extra yards from the proper parking spaces. Luckily, an alert Zazus employee spotted the perpetrators and promptly had them move the car. Tired of explaining adverse possession to his property class, Professor Alex Johnson took to “communicating” with his students. You know, “giving them the bird.” Yes, Professor Johnson, we know what it means. Apparently one of his first-years “got a great polaroid.” The Dillard Fellow tryout can be completed during any threeday period between Friday, February 4 (today) and Monday, February 28. The tryout packet may be picked up from Phyllis Harris in room WB348a. The tryout is open to first-year and second-year students. Advice for Bar rister ’s FINAL HICKEY-FREEMAN SHOW! 40% off of HickeyFreeman Suits Exclusive Custom-Made Suits, Tuxedos, Sports Coats and Trousers 30% off of Custommade Shirts Select from 300 fabrics for Women and Men 25% off of Tumi Luggage Selected Garment Bags, Computer Cases and Carry-Ons Available The LAST show will be held on Wednesday, February 9 at The Residence Inn on Millmont St. (behind Barracks Road Shopping Center) 9 am to 5 pm *Receive two free HickeyFreeman dress shirts with every custom-made suit! Suits starting at $550 and custom-made shirts starting at $50. Call or email for an appointment: Mandeep Dhillon, 963-7840 Ken Gordon, 923-3482 hickey_student@hotmail.com 3 I have spent the last year in therapy. It should come as no surprise to any of last year’s Barrister’s Ball attendees to hear that it turns out I am suffering from psychological trauma stemming from the scene on the dance floor at the Omni when the DJ played “Safety Dance.” For those Music Review Leslie Hermanson of you who either did not attend or managed to avert your eyes, I dare not give you a visual. But this year’s Barrister’s organizers must have had the scene in mind when they nixed the DJ and went with a band—the Voltage Brothers. So the music for that part of the night has been taken care of. But what happens after you and your date (or, as is often the case, you and somebody else’s date) leave the Omni? What music do you plan on playing while the two of you sit on that old futon you never got rid of after college and engage in some stupid pretextual prattle? This is a subject you cannot afford to gloss over. Note the following pitfalls: 1.The Bilateral Monopoly: You: What do you want to listen to? Your Date: Ummm…I don’t know. What do you want to listen to? You: Ummm…I don’t care…umm…do you want to look through my CDs? Your Date: Ummm…sure. Great work, fools. You’ll go on to waste 45 minutes rifling through all of your dumb CDs without making any progress on the romance front. And nothing could be less romantic than discovering your date’s affinity for ’NSync. 2.The John Setear Necktie: The worst thing you can be at this moment is unsubtle. I mean, you really have to cling to any subtleties you can find at age 26 on a futon in your living room with your prom date at 3 a.m. So don’t even think about reaching for Marvin Gaye or Enya. 3.The Amy Grant Incident: A true story and one from which we can all take home a lesson. He was a not-so-innocent first-year. She was a less-innocent secondyear. They went back to her place. She slips into something that sounds considerably less comfortable to me. He’s intrigued. She pops in Amy Grant. He’s confused. Is it a commercial for the Church of Latter Day Saints? He runs away. So my recommendation for making the most of your night: Luna’s latest CD, The Days of Our Nights. (This is, after all, a music review.) I think it’s perfect—the tunes are soothing but not hypnotic. The lyrics are witty and suggestive without running into the subtlety problem raised above. The overall effect of most the songs is modern, mellow, and a little psychedelic. Some have some serious guitar going on—like “U.S. Out of My Pants!” (nice Libertarian appeal, as well). Others are a bit more percussion-pop—like “Superfreaky Memories.” It’s all good, though. If, by the time you get to Luna’s cover of “Sweet Child o’ Mine,” and the two of you are still vertical…either your date is an asexual pod or your date doesn’t like you. 4 Features Virginia Law Weekly Friday, February 4, 2000 PUBLIC SERVICE Winter: Who Needs It? continued from page 1 One student’s courageous attack on a season of misery the run-down, dried-out nose? by Howie Chang ’01 Winter. Cold. Cruddy. Indiffer- There is no nasal Gatorade. For ent to your needs. It’s Mother the leaky nose there are only tisNature’s version of the cold shoul- sues. Funky-lotion-smelling, skinder, her “Talk to the hand,” where irritating tissues. The necessary no matter how terrible you feel, evil corollary to the running nose. how dark the sky, or how deep the Necessary because every run, insnowfall, the temperature never cluding your nostril’s, must has consents to rise much higher than its finish, its end destination. Evil the average age at the Law School. because tissues do little to alleviate the larger issue of your coldWinter is the induced season of death. sickness. The flowers This being vanish. The so, their vigtrees stand fororous applilorn in the cold, cation is a naked silhouwaste of our ettes stripped of natural reformer springsources. time glory. WaWhy? Beter freezes to a cause tisstop, less fluid sues are pathan the crackper prodling of an ucts, of octogenarian’s which the arthritic finwidespread, gers. accelerated Wait — hear consumpthat? Sniffling. tion harms The hallmark of t h e i r the winter seasource. Pason. You can per prodknow, without ucts come ever setting foot photo by Marc Cohn from trees. outside, how the seasons Two paths diverge in Spies Garden. Dead trees. Yeah, that’s turn by counting the relative number of sniffles right: winter kills the trees. Not only does winter kill the per capita in the vicinity. It’s as if our collective nostrils have endeav- trees, but it impossibly confuses ored to run the Boston marathon. your body. Ever experience the First, the left nostril streaks to a paradoxical sensation of being hot lead, then the right one surges and cold at the same time? Try ahead. Back and forth, back and exerting effort, like walking to forth — they run ceaselessly until class, when you’re outside in the hours have passed and you’re left winter air. But remember — since worn down and depleted. The dif- it’s cold enough to freeze urine, ference is that in the end, a mara- you have to dress warmly. Accordthon runner replenishes fluids ingly, you put on your long undereasily with proper rest and nour- wear, thermal socks, tee shirt, ishment. But what recourse for tube-shirt and thick cotton flan- nel. You zip up your fleece jacket, tuck on your knit cap, pull out your heavy gloves, lace up your leather boots. You walk outside. What happens? You move like Godzilla en route to destroy Tokyo or some other major Japanese city, trudging uphill in giant, cumbersome steps, emitting monstrous, indecipherable cries, hot breath steaming from your hideous maw like smoke from a burning building. And you sweat. That’s right, you’re cold as Hell but you sweat. You sweat under all those clothes, all those layers carefully applied in the effort to keep hypothermia’s nipping at bay. And when you get inside, you’re cold. You’re hot but you’re cold because now all that moisture on your body attracts the surrounding air and you start to shiver. But you’re hot because you’ve just exerted all that energy and your body remains effectively mummified in L.L. Bean. So you take off your jacket, your flannel, the cap and gloves...and start to feel cold. Repeat the vicious cycle ad nauseam, but don’t forget to ask yourself one thing: is your deodorant pH-balanced and body heat activated? Hope so, because your stinkin’ body says you need it. Last but not least, winter affects the deterioration of academic performance and discipline. During winter, the sun shines from the convenient hours of 11 a.m. to 3 p.m. exclusively. Your Con Law professor keeps better office hours than that. That’s depressing. When you realize how narrow a window of time this is, you tend to give up on the notion of utilizing those office hours to track your professor down. The same applies to daylight. You have less “day” in winter, so you feel like you have less time to get anything done. Errands get pushed back day after day until the simplest task (e.g. taking out the trash) is distorted into a distant, fanciful goal. Explanations revealing your physical inability to struggle up the hill on snow-filled mornings fall by the wayside, mooted by the passing of your professor’s de facto statute of limitations for justifying excessive absences. An accumulation of unfinished business, in addition to this declining attendance, aggravates your stress. Your enfeebled mind crumbles beneath the mounting pressure. You look outside the window and see darkness. The next morning, you look outside the window . . . and see darkness. Depression and your first set of impending “D”s set in. The inchoate roar of the central heating system (conservatively set at 60 degrees) consistently interrupts fantasies of getting your life in order. At last you succumb to the darkness and fling yourself upon the downy warmth of bed, a shell of a law student, reduced to an animal capable only of satisfying your basest needs for food, drink and sleep. Ah, oblivion . . . until the alarm crows its triumph cruelly in your ear. This is winter. Cold. Cruddy. Indifferent to your needs. Some people defend the season. They cite the presence of the holidays, the generally higher degree of fashion in the clothing, the joy and beauty of snowfall. These people are evil. Most of the world’s creatures do the sensible thing by fattening themselves up, crawling into bed and hibernating for the next several months. Maybe there’s something from this behavior for all of us to learn. Maybe it’s time that we start to do the same. first-years in the midst of their summer job search and third-years who are still unsure which career path they wish to choose with an ideal opportunity to both network with potential employers and learn more about a variety of career opportunities. Throughout the morning and afternoon, a total of 13 panel discussions will be offered on a wide range of public interest topics, from Child Advocacy to International Human Rights. After the panel discussions are complete, the Conference partcipants will gather for dinner, followed by a keynote speaker who is still to be determined. Possible candidates include U.S. Senator Evan Bayh, HUD Secretary Andrew Cuomo, Lieutenant Governor Kathleen Kennedy Townsend and New York prosecutor Linda Fairstein. The Conference will close Saturday night with the dedication of a bust of Robert F. Kennedy. Mrs. Ethel Kennedy, the widow of the former U.S. Attorney General, Senator, presidential candidate and graduate of U.Va. Law, has selected a quotation by Robert F. Kennedy that will be inscribed upon the base of the bust. More information regarding this dedication will be released once the Kennedy family confirms which members of the Kennedy family will attend the dedication. Any law student interested in attending the Conference should register by filling out the registration form that will be distributed early next week or e-mailing their name, phone number, and e-mail address to uvaconference@ hotmail.com. For additional information, check the Conference website at www.geocities.com/ uvaconference or contact the Conference Co-Chairs, Forrest Christian and John Henning. Virginia Law Weekly Features Friday, February 4, 2000 5 The Legacy of Mortimer Caplin ’40 by Amy Collins ’01 Mortimer Caplin’s name adorns many fixtures in U.Va. Law school — most notably Caplin Pavilion, Public Service Center, Reading Room and Auditorium — but few students understand the depth of Caplin’s connection to Virginia Law. Caplin’s continuing contributions to U.Va. Law, financially and otherwise, are a manifestation of his deep affection for the school. Caplin has said, “U.Va. Law School is one of the prime interests in my life,” and he repeatedly demonstrates that interest to the benefit of Virginia students past and present. Caplin’s affection for Virginia grew out of the many years he spent at that school — as a student (both undergraduate and law), as a professor, and as a benefactor. The Virginia Years Caplin graduated from the Law School with the class of 1940, and credits Virginia with providing him the basis for what has been a hugely successful legal career. “Like so many of us, I grew up here: I learned what the law was all about and how to ‘make noise like a lawyer.’ It was the Law School, too, the helped start my career — as Law Clerk to U.S. Circuit Judge for the Fourth Circuit, Armistead M. Dobie, the former Dean of the Law School, who had been appointed to the court by President Franklin D. Roosevelt.” Caplin’s fond memories of his years as a U.Va. Law student include his account of the Law School’s close ties with the rest of the University, a connection regrettably weakened when the Law School moved to North Grounds. “U.Va. undergraduates were all very much aware of Clark Hall and the Law School’s reputation; it was one of U.Va.’s crown jewels. And then there was the widely touted, albeit erratic Dean of the Law School, Armistead M. Dobie, renowned for his fiery pep rally speeches before the entire student body at Cabell Hall, and particularly hailed for his ‘Jinx of the Minks’ speech on the eve of each Washington & Lee football battle,” recalled Caplin. Editor-in-Chief of the Virginia Law Review, Coach of the firstyear boxing team and member of the Virginia Players (where, as a first-year, he played Julius Caesar “in modern dress a la Benito Mussolini”), Caplin became an integral part of U.Va. Law as early as his first year in attendance. Caplin’s other student affiliations included Order of the Coif, Phi Beta Kappa, and Omicron Delta Kappa. After receiving his J.D., he explained, Caplin did not stay away from the Law School for long: “After World War II and five years of law practice in New York, I was invited back to the Law School, and spent ten rewarding years teaching and writing before I went to Washington to serve as U.S. Commissioner of Internal Revenue under President John F. Kennedy. Later, there were 22 years of parttime teaching here as Visiting Professor, my Professor Emeritus status, the Law School Foundation, etc.” Caplin’s life intertwined with many of the other big names in U.Va. Law’s history. For ten years as a professor, for example, his office was next door to his good friend, Hardy Cross Dillard, who had taught “Legal Bibliography,” the predecessor to “Legal Research and Writing,” when Caplin at- named chairman of the D.C. Feltended Virginia Law as a student. lows of the American Bar FoundaDillard “was a daily delight, with tion, and re-elected president of his spirited humor and creative the Indigent Civil Litigation Fund. mind,” said Caplin. Caplin’s distinctions do not stop American presidents and their with the law — he is a father of families were also a significant five and, as of 1986, a Broadway part of Caplin’s experiences at Vir- producer. Along with his U.Va. ginia. Durroommate, ing those L e s t e r years as a Osterman, professor, Caplin proBob and duced “ExecuT e d tion of JusKennedy tice.” w e r e His many a m o n g years at U.Va. Caplin’s Law left students. Caplin with a The son of strong affecPresident tion for U.Va. Franklin D. Law: “Not Roosevelt only do I have had been a a deep respect classmate, for its people, leading values and Roosevelt philosophy, to speak at but I have a Mortimer Caplin ’40 t h e i r sense of wantgraduation ing to repay a in Mem Gym, where he made “his debt of gratitude for all that I have famous dagger-in-the-back speech taken from this place.” on Italy’s declaration of war The Legacy against France: ‘On this 10th day of June, 1940, the hand that held Caplin remains one of the Law the dagger has struck it into the School’s greatest benefactors. He back of its neighbor.’” explained the motivation to support the school: “By supporting The Practice the Law School, we all hope to In July of 1964, Caplin resigned make a difference, even in a small as Commissioner of Internal Rev- way, strengthening it, making it enue to form the Washington, D.C. the preeminent legal institution law firm of Caplin & Drysdale, in the country, and making it poswhere he practices today as an sible for future generations of students to get a superb and balanced authority in the field of tax law. Caplin’s professional distinc- legal education — to graduate with tions include the Alexander a devotion to excellence, integrity Hamilton Award from the U.S. and public service, and to spread Treasury Department and the the philosophy and values so careJudge Learned Hand Human Re- fully nurtured here.” Some of the financial contribulations Award. He was recently tions Caplin makes to U.Va. Law are evident in the endowments to support the Daniel Caplin Professorship (named for Mortimer Caplin’s father, as is the terrace by the fountain), the Mortimer Caplin Public Service Scholarship and the Mortimer Caplin Public Service Award. Not only is Caplin a significant financial contributor as an individual, but he is also a leader in the Law School’s incredibly successful Capital Campaign (he has been chairing the Executive Com- mittee for the Campaign since its kickoff in 1992). Additionally, Caplin is a Trustee of the Law School Foundation and serves on its Finance Committee. Caplin is far more than a financial benefactor of U.Va. Law; he is involved with many organizations at the school including the Public Service Center and Professor Edwin Cohen’s Virginia Tax Study Group. “His contribution to the institution is immeasurable,” commented Professor David Ibbeken, Executive Director of the Law School Foundation. In addition to financial contribution and leadership, Caplin continues to “give unselfishly of his time, talent and resources to make this institution the best it can be,” Ibbeken noted. “I meet frequently with Dean Robert Scott and David Ibbeken…and enjoy interchanges with other professors and members of staff,” explained Caplin. In recognition of the great debt U.Va. Law owes to Mortimer Caplin, a number of features of the new Law School are named after him. The Pavilion is Caplin’s favorite: “The Pavilion has a quiet dignity and spaciousness that is reminiscent of the Rotunda as well as the infamous Mural Hall (with its daring paintings), an integral part of Clark Hall. The Pavilion offers an ideal setting for lectures, dinners and a whole variety of special events for students, faculty and alumni. Not to mention the remarkable piano playing opportunities!” Law School Dean Robert E. Scott perhaps best described Caplin’s legacy at the Dedication of Caplin Pavilion. On May 3, 1997, Scott addressed Caplin: “I know of no one among the 12,500 living alumni of the University of Virginia School of Law who is more universally admired, no one who has done more to serve the legal profession, the University and the Law School. It is altogether fitting that every time we are in this magnificent space, filled with light, good fellowship and the pursuit of a common purpose, we will think of you. The legacy you have left us is far more than this Pavilion, it is the example of the professional life well lived, and who could ever ask for more.” The Message Addressed to Current U.Va. Law Students by Mortimer Caplin I hope you are as proud as I am about being a lawyer, with all its privileges as well as responsibilities. In a large sense, it is fair to say that we are indispensable to the functioning of civilized society — “the oil that makes the wheels turn.” We were there at the beginning of this nation and have been actively involved ever since — in the drafting of the Constitution, the Bill of Rights, the upsand-downs of legislation, the functioning of our judicial system. As “officers of the court,” we are heavily involved in the judicial process — with the responsibility of seeing that it is working properly and that access is available to all our citizens. Harvard Dean Roscoe Pound once pridefully described what we do as “a learned art” practiced “in the spirit of…public service.” Sure we all want to make a good living and provide the best of all things for our families, but we all know there are other goals and values to be attained if we are to lead a full and rich life. Practicing law is far different than manufacturing a commercial product or marketing some gimmick. Yes, we are involved in a profit-making enterprise, but it is important to keep in mind that to a much larger degree we are also engaged in a profession — with all that that connotes. Education and learning are the initial hallmarks of who we are, but of even greater importance are the traditions of higher ideals and ethical practices, integrity and a continuing concern for the public interest. [Y]ou will have numerous options at hand and must search your souls on how you want to spend your professional lives. Many of you will be burdened by a host of school incurred debts and will want to free yourselves of them as quickly as possible. Some will choose alternative routes in exchange for a more flexible working environment, perhaps more fulfilling and allowing greater room for other desires — more time for family, community, professional activities and public service. In my mind, the best advice I can offer is reflected in the insightful words inscribed at the entrance of the Law School, written by my former teacher and later colleague, Professor Leslie Buckler: “That those alone may be servants of the law who labor with learning, courage, and devotion to preserve liberty and promote justice.” 6 Columns Virginia Law Weekly Friday, February 4, 2000 When Worlds Collide I’ve got an axe to grind, so I’ll get right to my point: People are, by and large, a bunch of geographically ignorant idiots. I was flying back to Charlottesville at the end of winter break and found myself sitting next to a middle-aged woman from Oregon. I hadn’t been quick enough to put on my headphones (damn that ten minute rule), so I was at the mercy of a neighbor who felt compelled to keep talking to me even as I looked down at the floor. Ryan Farney, a third-year law student, is a Law Weekly columnist. Anyway, she eventually asked me where I was from. I hesitated — to me, this question is only slightly better than, “So what do you do?”, because I generally don’t like to tell people I’ve just met that I’m in law school. After a moment’s pause, though, I gave in and told her that I live in Kansas City. She responded with a question I’ve heard many times before and still infuriates me every time I’m asked it: “So, what do people do in Kansas?” What made me angry was not so much the fact that she assumed I live in Kansas, for I can grudgingly forgive her ignorance on that point. (For the uninitiated, there are actually two separate cities with the name “Kansas City”, although the main one — my hometown — is in Missouri. My high school was on a street called State Line Road that, ironically enough, divides the two states, and though the school was in Missouri, the parking lot was across the street in Kansas, but I digress.) What ticks me off most about a question like this is its utter ignorance of American culture and its implicit assumption that people who live in the heartland don’t have anything exciting going on in their lives. Kansas City is a metropolitan area of around two million people. People who live there do the same things that anybody, anywhere else does. They go out to eat. They see movies. They go shopping and to museums and to concerts and to bars. They hang out with friends. In short, despite some really no excuse to say, “Well, I’ve never been there.” I even experience some Midwest hostility when I tell people that I’ll be working in Chicago next year. Apparently, the nation’s third-largest city isn’t immune from geographical bias. “Isn’t it cold up there?” people say. Well, duh. But at least it’s not a city that completely shuts down in heavy rain, let alone a mere half inch of snow. (I went to college in Chicago, and once went to class through a foot of snow and a negative 70 degree wind chill, but I digress.) Many who whine about snow in Charlottesville would be eaten alive by a Windy City winter, but I guess that’s a topic for another day. The extent of all this ignorance was driven home by the experience of my sister, whose roommate last year was a student from a small town in rural Virginia. This person was born in Virginia, has lived in Virginia all her life, goes to the University of Virginia, and will return to her tiny hometown after college. She has never traveled outside of the country. Yet this student had the nerve to call my sister a hick — my sister, who lives in a city of two million, has lived on both the East Coast and in the Midwest (and thus has more right to comment on the differences between them than most), has been lucky enough to travel extensively around the world and now is going to college a thousand miles from home. The irony should be patently obvious, but the attitude and its implication that the Midwest doesn’t really “count” is photo courtesy of Marge Lawson still very real. There’s no place like home... I actually try not to get in grade school that stereotyping too riled up about it. Flat assertions like my sister’s roommate’s is a bad thing? I still don’t understand why we aren’t so much directed at others insist on tearing others down in- as they are meant to boost one’s stead of embracing the diversity own sense of self (much like a mix and regional differences of such a tape, which is never made for the large country. It’s sad that there recipient but is really made for the are people I know in the Law School purpose of the giver to show off his that can’t even locate several Mid- or her taste in music, but I diwestern states on a map. Folks, gress). It just amazes me that so we’re talking about basic cultural many people can discount entire literacy here: no matter where you regions of the country they’ve live, you should at least be famil- never seen. Especially annoying plane-talkiar enough with the map of the USA to find Nebraska, and it’s ers from Oregon. regional uniqueness, they do the same things that people all over the country do. Of course, all of this was lost on my neighbor. Rather than explain things to her, I muttered some vague response like, “We get by,” and then ignored her the rest of the flight. I continue to be amazed, however, at the complete lack of understanding people have about different parts of the country. This amazement gets magnified when I come here for school, where the majority of students come from cities that regard anything west of the Appalachian Mountains as fly-over space. It’s strange: I actually lived in Alexandria, Virginia for eleven years, and yet I don’t feel much of a link anymore: many people here, often without realizing they’re doing it, subtly put down the Midwest and trivialize the place that I call home.I suppose that geographical ignorance is ingrained in our nature, part of some universal human impulse to defend one’s own home and elevate it over others’. But why do we all too frequently have such irrational attitudes about outsiders, and why do we feel we can comment on a part of the country we’ve never even visited, let alone really experienced? Didn’t we learn The Dance Date Debacle My all-girls high school, in an ancient form of adolescent torture, held an annual winter formal called the Holiday Ball. Imagine a cross between a beauty pageant and a popularity contest, except without all the class, empathy, and warmth. Jackie Sadker, a first-year law student, is a Law Weekly columnist. This would likely inspire social shivers in any high school, but try a bunch of 14-year-old girls whose exposure to the opposite gender consists entirely of a seventh grade geography teacher, the Coke machine repair guy, extended family members, and the male cast of Diff’rent Strokes. Havoc. The lucky ones took cousins and stalkers. The less fortunate had to write their date’s names on their hands to avoid potential embarrassment. I think someone even asked the geography teacher. It was the social event of the century. Now that I have shared with you this embarrassing personal trauma (I should add that the geography teacher was one hell of a dancer), I hope we are close enough that the rest of this column will not offend you. Through picking up on the occasional conversation about The Ball (it really would have helped me out if people could have talked about it a little more), I have discerned several distinct categories of first-year event attendees. I am unable to apply these categories to second- and third-years since I don’t know any. The most prevalent group seems to be the Flyers-in. As a result of spending a semester at U.Va. Law, they have decided that any other dating pool in the universe is better than the one we’ve got. The upshot is that the Flyer-in date is traveling from cosmopolitan cities to spend an evening at the Charlottesville Omni. The Flyers-in are either really in love, really wealthy, or really persuasive. They could also be really cruel, as subjecting the uninitiated to the exclu- sive company of uptight law students can make the Charlottesville Omni feel like the Hanoi Hilton. Another common group is made up of the Dateless, who are plentiful and diverse enough to require further classification. The first subclass consists of the Yearning Dateless who have yet to find their ideal mate. They have spent the week envying those fortunate enough to be experiencing the simple pleasures of a long distance relationship. The other subclass is made up of what I like to call the Militant Dateless — those who refuse to buy into the hype, and just won’t take a date. I have to say, these are my favorite attendees. I always like it when people don’t buy into the hype. I guess I just like to use the word hype. Far more interesting than the Flyers-in and the Dateless are the Scramblers. This fascinating group is made up entirely of former members of Yearning Dateless who were uncomfortable with their status. They are willing to risk life, limb, and dignity to procure a date and move into the next category. You have to give them credit for their guts, while quietly wondering if those three magical minutes waiting together in the Café North coffee line really created the foundation for an enchanting evening… Of course, the most exciting group are the law students who have actually found another law student they actually like enough to ask on an actual date. Both of them. They have been thrust into stardom this week as bets fly about the potential of the Likely Hook-Ups. Putting such a diverse collection in one ballroom certainly does carry with it the potential for catastrophe. I have two suggestions to help make the night one to remember, and if you’ve read this far, you’re stuck hearing them. First, nobody keep track of whether any women are recycling the dresses they’ve already worn. Second, I don’t think it is a good idea for any women to actually go get their hair or nails done tomorrow. Okay, so maybe those suggestions won’t make you remember the night, but they sure would help me out. My Two Cents on the Super Bowl As a preliminary note before reading this, here is a personal anecdote. While I was watching Virginia Tech’s monstrous rally in the 3rd quarter of the Sugar Bowl, I remarked to the assembled throng (okay, my father and two brothers) that this was why college football is so good: “This level of excitement would never, ever happen in a Super Bowl.” Whoops. With this disclaimer, here is what I think of this year’s big game. Michael Elkon, a third-year law student, is a Law Weekly columnist. First, it’s a good thing that the game was so good because everything surrounding the game was atrocious. The halftime show made me question whether I was in a drug-induced state of hallucination. When I realized that no one had laced the turkey subs and that there really were dancing sticks behind Julio Iglesias Jr. and Britney Spears Jr., I came to the radical conclusion that the muchmaligned U.Va. pep band would be more entertaining. Ditto for Tina Turner and Lynyrd Skynyrd during the pre-game show. Ap- parently releasing a good album in the past 15 years disqualifies one from performing on Super Sunday. The commercials were also similarly disappointing. Basically, every ad sucked if it didn’t have a cute animal. The talking dog, the herd of cats, the dancing monkey, the cheetah, and the snake identified by red_and_yellow_kill_a_fellow.com were all funny. Everything else made me wonder what they teach those serious-looking people at that school next door. The coverage of the game itself was very good, especially because ABC wouldn’t let Musberger near the booth. However, there are two minor issues that I noticed during the stultifying first half. First, why was Kurt Warner’s wife on every other minute? After I got over the fact that she has the same hairdo as her husband, it really got old. I was waiting for her to start giving sideline reports, which brings me to the second issue. Who dresses Lesley Visser? She looked like Dr. Evil in sequined green. As the Nehru-jacketed doctor would say, it was rigoddamndiculous. As for the game itself, I would have to call it one of the two or three best Super Bowls ever, and McNair’s scramble and throw on terback. The Super Bowl was conFour: The Titans would be the next-to-last play was the best tested between graduates of champions right now if they had Super Bowl play since…well, Northern Iowa and Alcorn State. drafted Randy Moss instead of pretty much everything Lynn Two: There is no good answer to Kevin “One Yard Short” Dyson. Swann did in Super Bowl X. The the age-old question, “Is it better On the other hand, they would game was so good not only because to run or throw?” St. Louis had have been 9-7 if the Vikings would of the drama, not have recipbut also berocated the cause there brain-freeze by was finally a d r a f t i n g well-played D a u n t e title game, Culpepper inwhich is exstead of Jevon ceedingly rare Kearse. in modern Five: God sports. There must work in were no turnmysterious overs and the ways if he orgame ended on dained the a series of exRams to win, as ceptional Rev. Warner plays, rather and his minions than another said after the Norwoodgame. Maybe it photo courtesy of ESPN.com esque failure. was a reward (Note to NFL: The Titans came up one yard short in a thrilling Super Bowl XXXIV. for having one you notice how player who has every Super Bowl played without nothing approximating a running been convicted of manslaughter the two-week break is competi- game and it did not hurt them, (Leonard Little) and having retive? Please make appropriate save for their inability to score in cently drafted another who has changes. Thanks in advance.) Af- the red zone. Tennessee can barely been convicted of just about everyter having had a day to digest the throw and they still came back thing else in the Model Penal Code game, here is what it teaches us from 16-0 down. (Lawrence Phillips). I suppose if about modern football: Three: Kickers are bad and we God can find a way around the One:College and pro scouts have now know why they are never in- salary cap, we can expect the Rams no idea what makes a good quar- troduced in the starting line-up. to frequent Super Sunday in the future. Virginia Law Weekly Reviews Friday, February 4, 2000 7 Le Bon T on Sounds a Good T one on Blade DVD Bites So Bad It’s Good the Downtown Mall our appetizer, Muffy expressed her at the colorful presentation of each distaste for the homeless and dis- dish. I had the Barbeque Shrimp eased. The menu offers a wide over Rice Jambalaya ($14.95). In array of Creole (not Cajun) cui- a word: exquisite. The shrimp was sine. For the ignorant, Creole cui- very flavorful. Miffy ordered the sine is an ever-changing array of Crescent City Chicken ($12.95), a zesty and flavorful dishes which tangy blackened chicken and pasta has hints of French, Spanish, Ital- fusion dish which reminded her of ian, and Cuban influences. Cajun nouvelle Asian cuisine. Her recuisine is what one gets when a marks: “Fabulous, I laughed, I redneck throws a pot on the stove cried, it was better than Cats!” and dumps a bunch of fishy crap in Muffy chose the Smoked Flaked C’ville Dining it. Prices vary from a few $20 en- Salmon in a Creole Cream Sauce in a Nutshell trees to the $6 Shrimp Po Boy (for ($14.95). This was a light pasta the commoners). For an appetizer, perfectly cooked and sauteed with by Brian Kahn we chose the Louisiana Artichoke fresh salmon. “I wouldn’t share Bake ($5.95). This was roasted this with a starving child!” exMiffy, Muffy, myself, and Jenny with sweet and hot peppers baked claimed Muffy. Jenny had the Shrimp Po Boy arrived at the antechamber of Le with arti($6). She Bon Ton as dusk set on the veri- c h o k e wolfed it down table fusion cuisine buffet which h e a r t s , and picked her has become the Downtown Mall. r i c o t t a , teeth. As any member of the highly edu- m o z z a After our encated elite might tell you, “Le Bon rella, gartrees we were Ton” is certainly not the Queen’s lic, and delighted by a French and in fact means “the s p i c e s , visit from the good tone” in the rather coarse s e r v e d owner of this Cajun dialect. Yet despite this m e l t e d fine establishuncouth nomenclature, our party with her photo by Marc Cohn o ment, Monsieur was at once impressed upon our crustini. Le Bon Ton Ken Waxman. entrance by the understated pas- “ B e t t e r tel yellows and purple decor which than cheese sticks,” remarked Monsieur Waxman has been in could be described only as Jenny (the excess cheese was also the restaurant business for twenty picked off the plate by Jenny’s years (he also started Martha’s Lakeresque. Cafe) and shared a few of his seWe began with a remarkable dirty little fingers). The entrees arrived forthwith crets on how to run a successful bottle Chateau de Perron wine ($18). It was red. As we waited for in grand portions. We all remarked restaurant (bribe the reviewers). To that effect, Monsieur Waxman served us a Very Sinful Chocolate Cake gratis (normally about $5 I believe). This was a dense, rich, W I M P S L A M B S T E E D E R R S mousse-filled layer cake. Muffy A W A I T E P E E A R U B A X O U T commented on the soft deliciousness of the cake. D O N N A R E E D Y R O G E R M U D D Y On the whole, this was perhaps S N E E R Y R I O A P E R I L E D E one of my best culinary experiT E E T A N K I N T A C T ences in Charlottesville. However, E M I R S S U N D A N C E S H A G S I would not feel appropriately haughty enough without offering L O R E C A R S T E A S P A N E L S a bit of criticism. Here goes: The L O V E M A T E P A W L S E E T O I T guy’s bathroom is a bit icky and S R I A S S P A R D A N L R N A there’s a tile missing from the ceilN O U S M A T I N E E S J I G G S ing in there. That said, I highly recommend Le Bon Ton. The wait E G G A R F I L E N A M E S F R E S H staff was prompt and helpful, the P O S S E E N S N A R E D L O E B ambiance was pleasant, and the I T T E D I E W A R C O X U T E food was, in the words of Jenny, S H O W N I N P H I S C A L Y P S O S “totally bitchin’.” Le Bon Ton is located centrally C A N A D A A L O T N O V A A H A S in the Downtown Mall. The head M Y S O N C A N T C O M E T R Y T O Chef is James Reed. For reservaT W E E T Y Y O G I T O A tions call 296-0421. Nobody reads S P E E D R E E L L A N O P S A I L paragraphs written in italics. They let me write a restaurant review! P U F F Y D A D D Y A L G E R H I S S Y Yeah baby, yeah!!! A L O U A T O O T D E U S A T O N E M E R L D O N N E A S P S T E N T S First, an important caveat: although this is indeed my first restaurant review, I have tried to approach this with the appropriate amount of aristocratic pretension. I suspect you will find my palate discriminating and my prose succinct. If not, go bl*w yourself. Cross word Solution Much to my pleasure, the night before I chose my rental two of my best law women friends had expressed interest in watching a DVD with me. The prospect of spending a cozy evening indoors, nursing a stubborn cold in the company of good friends was appreciably soothing as I honked my marathon-running nose, eyeing the emerging mountain of crumpled Kleenex strewn across the living room floor. DVD Review by Howie Chang The next afternoon, I called both women to tell them that I selected Blade (1998) for our viewing pleasure. Certainly, Blade is no art film, but I figured it’d be a fun, DVD-friendly movie with its many special effects and extra features. Witness the responses from each of my friends when I notified them of my choice. WOMAN FRIEND #1: “Oh, puke! That’s terrible! You did that on purpose!” ME: “Nuh-uh; I just need a very DVD-ish movie to review.” WOMAN FRIEND #1: (silence) ME: “So, I take it you’re not coming over then?” WOMAN FRIEND #1: (snorting incredulously) “No...I don’t think so.” *click* (dial tone) ***** WOMAN FRIEND #2: “Blade??!??!!” ME: “Yeah, it’s this...uh...action movie about a half-vampire, halfman who has to kill all these...um...other vampires. But it’s got Wesley Snipes...” W OMAN F RIEND #2: “Howie, you’ve got to rent something chickfriendly if you want me to come over. Sorry, but I’m just gonna quilt instead!” *click* (dial tone) So, with the couch all to myself, I spread out, bundled up and started the disc. The movie that followed was fairly predictable, so rather than detail the plot, allow me to deconstruct the theatrical trailer’s narration: “For thousands of years, they have existed among us.” Welcome to the mythic and mysterious scope of the story. “…A secret nation...with a lust for power.” Oooh, so sexy and dangerous, those vampires! “Now, one will lead them to conquer mankind.” Oh no, Mr. Ambitious Villain! “And one will try to stop him dead.” Kick his ass, Mr. Hero! “Half human.” Our Hero’s one of us! “Half immortal.” Wait — he’s much more! “He is their greatest fear...and our only hope.” Save us, Wesley! “Wesley Snipes.” Bad-ass star and producer! “Stephen Dorff.” Heroinchic dude who plays the villain! “Blade.” Movie title: located in “Action/Adventure,” under “B.” As one may surmise, Blade’s comic-book premise is not terribly invigorating, but as far as shamelessly derivative bad action films go, it succeeds on that level. Interestingly, Blade functions as an evolutionary link between Tim Burton’s original Batman and last year’s sizzler The Matrix. Incorporating its anti-hero themes from Batman, the movie’s action sequences unfold with a techno-driven speed and fluidity that at times foreshadows the celebrated, groundbreaking effects scenes in The Matrix with uncanny accuracy. Thanks to the power of DVD, I could instantly skip some pesky “character development” scenes and hanker right down to some butt-stomping martial art combat. Furthermore, when Blade decapitates a stampeding vampire with a lethal wire, catching his falling sunglasses when the baddie explodes, I could replay the scene over and over at three speeds of slow motion, frame-by-frame motion and three-times zoomed-in. Beautiful! The rest of the DVD abounds with numerous extra features including a commentary track, an alternate ending, Blade previews, making-of documentaries and a feature about vampirism’s evolving role in literature and popular culture. Yow! Conclusion: While the Blade film itself adds only superficial luster to vampire mythology, the Blade DVD as a whole packs enough bite to secure its place in the burgeoning canon of fun, interactive digital home video. Fun for yourself, that is, when your women friends won’t come over. Whiny Counting Cr ows Wander in Deser t Life It took a few months for the Bay Area band’s 1994 debut to catch on, but the moment American radio played the first drum snap and guitar riff of “Mr. Jones,” Counting Crows’ August and Everything Music Review by Ryan Clinton After was on its way to the multiplatinum status it eventually achieved. It was a little bit Van Morrison, a little bit Bob Dylan, and a lot of rock ‘n’ roll. Adam Duritz, the band’s frontman, became the “big star” he wished for. Two albums later, Duritz can’t stop writing about his miserable rock star life. Poor guy. Unfortunately for those back in 1994 who predicted that the Counting Crows would be THE next great band (count myself in that camp), the band’s third album, This Desert Life, is at its best a recycling of the Crows’ excellent debut record. At its worst, This Desert Life is whiny Duritz’s self-pity over less-thanmemorable melodies and lessthan-impressive instrumentals. The album begins with “Hangin’ Around,” the title of which accurately reflects its mood. Though the song has a mild hook (resulting in its moderate hit status), it sounds like a bunch of guys playing around in their garage, not particularly interested in refining details. Duritz’s whining dominates much of This Desert Life. From “Amy Hit The Atmosphere” (“If I could make it rain today / And wash away this sunny day down to the gutter / I would) to “High Life” (“All my friends got flowers in their eyes / But I got none this season”) to the wretched “Colorblind” (“I am colorblind / Coffee black and egg white / Pull me out from inside / I am ready / I am taffy stuck and tongue tied”), Duritz wallows in his self-pity. This Desert Life is not, however, a complete failure. “St. Robinson in his Cadillac Dream,” which sounds like a relic from Duritz’s early writing days, is catchy, creative and melodic. The song features Duritz at his best, creating imaginative characters with descriptive precision: “And the comet is coming between / Me and the girl who could make it all clean / Out there in the shadow of the modern machine / Walks St. Robinson in his Cadillac dream.” “Speedway” is emotional, lonely, and melodic. It’s a song that reminds you of why you loved August and Everything After so much. At the same time, it’s time the Counting Crows moved on: “I’m just trying to get myself some gravity / You’re just trying to get me to stay / Sometimes I sit here looking down upon Los Angeles / Sometimes I’m float- ing away.” “I Wish I Was a Girl,” the album’s eighth song, features some of Duritz’s most insightful songwriting: “I wish I was a girl so that you could believe me / And I could shake this static everytime I try to sleep / I wish for all the world that I could say / ‘Hey Elizabeth, you know, I’m doing alright these days.’” A hidden song, several minutes after track 10, is probably the album’s best. Unlike the rest of the album, the hidden track (perhaps entitled “Can’t Things”) is foot-stompin’, groovy and energetic. It features an old-timey rock ‘n’ roll feel, as inventive as The Band but with the kick-butt energy of the Black Crowes. With the hidden song, the Counting Crows had some fun on an album otherwise suffocated by Duritz’s whining. The majority of This Desert Life, unfortunately, is controlled by Duritz and his lonely lyrics, unsupported by the infectious hooks and creative instrumentation of the Crows’ debut effort. The rest of the band, so integral to the success of August and Everything After, seems only an afterthought. It’s no wonder that Spin magazine called Duritz the leader of the “anal-clenching sensitive 90s man music” movement. Dating Jennifer Aniston must be such a downer. 8 Law School Life Virginia Law Weekly VANGUARD Friday, February 4, 2000 Heard It Through the Grapevine OF DEMOCRACY February got off to a rocky start nificant other as a date. You get with the weather-induced cancel- some out-of-towners involved and lation of the New Year’s gig at even a few brave souls in the law Brown’s Mountain. That’s no good, school who use this as an opportuconsidering that in recent years nity to heat up a budding relationthe New Year’s party has been one ship. This is fine for those who of the pillars supporting Feb Club. have a date, but it is GREAT for With Feb Club enthusiasm at a those who don’t. It creates the kind 10-year low (more on this later), of environment where it’s totally the absence of a party to kick it off normal to throw a smile out there, couldn’t have come at a worse time. then ask casually if he or she would But VG sees an answer, a way out like to dance, next thing you know of this spiral of defeat and indif- you’re doin’ the butt. Third, people are drunk. Very ference: Barrister’s. Barrister’s has traditionally drunk. This is a great chain reacbeen one of the most ridiculous tion. The first two elements comevents of the year. The reasons bine to create a little nervous (read: behind this are relatively simple. sexual) energy in the ol’ ballroom. But since most readers are equally Most people seem to find that a simple...First, everyone is dressed little drink quells the butterflies. up. Lots of tuxes, lots of back-less This has two consequences: it dresses. People look good when makes you confident and it makes they’re dressed up. That’s a good other people look good. People look good when they’re dressed up and start. Second, many (though, impor- you’re drunk. By about 12:30, things have tantly, not all) people bring a sig- gotten out of control. Now comes the time to pick a team and play on it. Of course, at this point, decision-making skills have withered, in which case a team is randomly selected for you. Some lucky partiers join the hook-up team, others join the drink-yourself-outof-a-hook-up team. The ruin-ahook-up-for-your-friend team is always popular as well. Unfortunately, the make-smart-ass-remarks-to-strangers and fight-publicly-and-loudly-with-your-date teams always seem to find a way to recruit players as well. Then it’s up to the hotel rooms where things always get interesting. A hallway seems like a private island compared to that dance floor, huh? By now the teams have split into spectators and participants – both are having a good time. Obviously, Barrister’s can carry the weight of kicking off Feb Club. And now that it carries that burden, VG is pleading with all of you not to allow Feb Club-esque despondence to destroy it. The apathy that surrounds Feb Club is to be expected (3L A.J. and her provocative article last year entitled “Going all the Way” aside). But don’t be fooled into thinking you are too cool to come play at Barrister’s. Come Sunday, VG hopes that February has been brought back to life. In other news...3L C.E. defeated 3L B.E. in the Lasagna-Off over the weekend. Said one judge, “that cocky Irishman shoulda known betta’. He’s gonna take on a broad from the suburbs of Jersey?...she’s old-school, straight outta da Sopranos.” B.E.’s friends and family expressed relief at the outcome, “they said he was going to sleep with the fishes,” reported a source who refused to be identified. And lastly, Feb Club apathy needs to be addressed. You don’t have to “go all the way,” you don’t even have to go halfway. But take a couple steps in the right direction. The level of anticipation this year is at an all-time low, and I think most would agree that it would be sad to see Feb Club go. If for no other reason, go have a beer in support of distraught 3Ls M.R. and K.S. “No one will have a party on Tuesday” sobbed M.R. with her head in her hands in the computer lab. 3L K.S. was seen wandering aimlessly through Withers-Brown mumbling something about “FebClubDance.com”. VANGUARD OF DEMOCRACY is an independent column of the North Grounds Softball League and does not necessarily represent the views of the Editors of the Virginia Law Weekly. PHOTO GALLERY photo by Marc Cohn photo by Marc Cohn We’ve got to do something about those undergrads! “It smells like a new book.” WHO AND WHY ACROSS 1 Milquetoasts 6 Mary’s pet 10 Mighty mount 15 Muffs 19 Pend 20 Olympic weapon 21 Vacation island 22 Delete 23 Thin costar of “It’s a Wonderful Life”? 25 Soiled newsman? 27 Derisively 28 Bravo or Grande 29 Mimic 30 ___ France 31 Driving area 32 Aquarium 34 Whole 36 Kuwaiti princes 39 Redford role 41 Catches flies 44 Folk history 45 Jam ingredients 46 Afternoon socials 47 Discussion groups 49 Match made in heaven 51 Pivoting device 52 Get the job done 53 Hindu honorific 54 Donkey’s uncle 55 Something to shoot for 56 Boone, familiarly 57 Genetic stuff 58 Entre ___ 60 Afternoon entertainments 63 Maggie’s mate 65 Actress Samantha 67 Storage addresses 68 Just made 69 Marshall’s men 70 Caught 71 Leopold’s co-defendant 72 Big business ltrs. 73 Brickell of pop/rock 75 Children’s card game 76 “Friend” Courteney 77 Salt Lake athlete 80 Ushered 82 Greek letters 84 Trinidad tunes 86 Northern neighbor 87 Mucho 88 Bright star 89 Inventor’s cries 90 Last words of Kipling’s “If” 91 RSVP response 93 “___ Remember”: “Fantasticks” song 94 Sylvester’s nemesis 96 Quotable catcher 97 Shelley’s “___ Skylark” 98 Tear 101 Film holder 103 Mich. capital 104 Tall ships celebration solution on page 7 1 2 3 4 5 6 7 8 By RANDOLPH ROSS 9 10 11 12 13 14 15 16 17 18 photo by Marc Cohn “I give Barrister’s a 5.0 on the Strachan-meter.” Top Ten Law School Song Dedications on Oldies 102.3 by Bob Probasco ‘00 19 20 23 24 27 28 31 36 37 32 38 50 53 54 58 29 30 34 35 41 46 59 60 61 57 62 63 80 71 74 75 81 82 86 76 83 101 93 96 102 97 103 104 105 106 107 108 109 110 112 113 114 115 116 117 118 119 108 Swollen rap singer? 110 Accused Communist in a snit? 112 Baseball family name 113 On ___: spreeing 114 God, to Gaius 115 Observe Yom Kippur 116 Blackbird 117 “Death Be Not Proud” poet 118 Nile nippers 119 Camping gear 79 89 92 95 100 78 85 88 91 94 99 77 84 87 90 64 68 70 73 48 56 67 72 43 52 55 66 42 47 51 69 98 26 40 45 49 22 25 33 39 44 65 21 15 Jubilant 16 Took the train 17 Hughes of news 18 Eye sore 24 Bar choice 26 Sly actor? 33 Clever skater? 35 Skiing mecca 36 Pipe joints 37 Othello, e.g. 38 Unsmiling author? 39 HS hurdles 40 Novel DOWN 42 Hirsute president? 1 Bankrolls 43 First aid items 2 Victor’s boast 45 Mama of the ’60s 3 Lion’s pride 48 Hide away 4 The ___ State: Maine 50 Shabby NY Times col5 Looks intently umnist? 6 See 10 Down 51 Host holder in church 7 Opening 52 Lip 8 Road dividers 55 Buddies 9 Way out there 56 Accomplishment 10 Big name in cheesecake 59 W. Hemisphere alliance 11 Describing a heat wave 60 Hole in the ground 12 Ormandy and O’Neill 61 Grammy org. 13 Roger the reviewer 62 ER part 14 ___ es Salaam 64 Bad temper 111 65 Prot. sect 66 Batman’s turf: ___ City 67 Ireland’s Sinn ___ 71 Broadway vamp 74 Lane or Ladd 76 Spelunking spot 78 Perfectly 79 Exxon in the ’50s 81 Unfrugal 82 “And the Band ___” 83 Sweetie 84 Next 85 Hanger-on 87 Took measures 88 Arizona border town 92 Pina ___ 93 Astaire/Rogers movie 95 Poet’s inspiration 97 Rocky crag 98 Computer junk 99 Whimper 100 ___ effort 102 Electro suffix 105 “I’ll be ___ of a gun!” 106 Ain’t, corrected 107 Caustic chemicals 109 June honoree 111 Count conclusion 10.“Hurts So Good” by John Mellencamp, dedicated to Professor Wax 9. “Get a Job” by the Silhouettes, dedicated to the 2Ls 8. “My Way” by Frank Sinatra, dedicated to Dean Scott 7. “Good Girls Go To Heaven (Bad Girls Go Everywhere)” by Meatloaf, dedicated to…well, you know who you are (if you don’t, ask Vanguard) 6. “Duke of Earl” by Gene Chandler, dedicated to Professor Dudley 5. “What a Day For a Daydream” by Lovin’ Spoonful, dedicated to the 3Ls 4. “99 Bottles of Beer on the Wall,” dedicated to the entire student body on a Thursday 3. “We Are the Champions” by Queen, dedicated to the Commissioners 2. “I Fought the Law, and the Law Won” by the Bobby Fuller Five, dedicated to the 1Lsafter their Civ Pro exam. 1. “Heard It Through the Grapevine” by Marvin Gaye, dedicated to Vanguard Submit your top ten list to Amy Collins, Features Editor, in SL 279 or via email at Va-Law-Weekly@virginia.edu. Please have entries in by 5 p.m. on Tuesday for the following publication.