February 26, 1999 - Virginia Law Weekly

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
Don’t you want to become a part
of the Law School’s hottest (only)
weekly publication? Coming
March 8: Law Weekly Elections. If
you are interested in running,
please complete the form in your
mailbox and return it to Doug
Mintz’s mailbox by 5:30 p.m. on
March 5.
•••
Don’t forget to vote in this
week’s SBA executive elections.
Even graduating third-years can
participate. The elections will be
held in Hunton & Williams Hall
March 2-3.
•••
Thumbs up to the
SBA for quick action.
After a thumbs down
about the unsightly
refrigerators last week, the organization saw to remove all organisms living and dead from the appliances. However, while we appreciate their work, thumbs down
to all the students who allowed
food to fester in the student lounge.
Take care of your own stuff and
the SBA won’t have to do it for you
next time.
•••
The John M. Olin Program in
Law and Economics and the Virginia Law Review Conference on
The Law and Economics of Elections will be held at the Law School
March 5-6. Copies of the speakers’
papers are available from Joyce
Holt in WB 358.
•••
The deadline to turn in softball
rosters to the NGSL mailbox has
been extended to Wednesday,
March 3. The spring season will
begin Monday, March 8. Blank
rosters are available in the NGSL
mailbox.
•••
Congratulations
to second-year Robert Keeling and
Kristin Brannen on
their recent engagement.
•••
Thumbs up to the
hosts of the Junior
Prom Feb Club
party, for proving
that Feb Club parties can still be
good despite ANG’s complaint last
week. The key to the party’s success lay in details like great tunes,
great decorations and great invites. Congratulations to secondyear Mary Ritchie and third-year
Josh Klatzkin, who were crowned
this year’s Prom Queen and King.
•••
More thumbs up
to the hosts of the
Beat Poetry party.
•••
Correction: Last week in
“Panikowski to Clerk for
O’Connor” we mistakenly omitted
Professor Alex Johnson from the
faculty listed as “great mentors
and friends” to Panikowski.
Bet You Don't Know
... what’s the Best
of the Law School.
For details, see
page 4.
Vol. 51, No. 18
Friday, February 26, 1999
Subscriptions Available
Professor Bonnie Representing Unabomber
Vermont Law Professor Says Kaczynski Will Argue Inadequate Representation
by Amy Collins ’01
U.Va. Law Professor Richard
Bonnie has taken on the representation of convicted “Unabomber”
Theodore J. Kaczynski, according
to multiple sources including The
National Law Journal.
Although Bonnie declined to
confirm his position as Kaczynski’s
attorney, he admitted some involvement with Kaczynski. “I
have been in communication
with him since August,” Bonnie
told the Law Weekly.
Bonnie’s communication
with Kaczynski comes as a result of a year of correspondence
between the Unabomber and
Vermont Law School Professor Michael A. Mello ’82, one of
Bonnie’s former students.
Mello said that Bonnie “has
done some of the best and
smartest writing on the ethical dimensions of the attorneyclient relationship.” According
to the National Law Journal,
Mello referred Kaczynski to
Bonnie when the convicted
criminal requested help in finding an attorney to file an appeal.
The appeal may focus on issues related to the attorneyclient relationship.
Kaczynski’s complaints center
on the disagreements he had with
his counsel during the trial.
According to Mello, Kaczynski
Best
Professor:
Ken
Abraham
by David Schumacher ’00
He’s written dozens of books
and his articles have appeared
in the most prestigious legal journals in the land. He’s recognized
as one of the foremost national
authorities on tort and insurance law. He’s a member of the
Council of the American Law
Institute (a Restater among us!)
Despite these achievements,
the ultimate pinnacle of recognition, that seal of approval signaling that an academic has finally arrived in the legal world
has eluded him…until now. Ken
Abraham has been voted the Law
Weekly’s most popular professor.
In a photo finish, Abraham
nudged out Professors Walker
and Coughlin to claim bragging
rights from Sponsors Hall to the
faculty lounge as the people’s
choice for U.Va.’s top prof.
“I was surprised,” Abraham
said. “In 25 years of teaching
I’ve never won an award. There
are some extraordinary teachers here, so it’s a real honor.”
Abraham wins universal plaudits from students who have encountered him up close in the
classroom or from afar reading
his indispensable Torts hornbook.
He is regarded as a deep legal
thinker who makes difficult concepts readily accessible to students. The award speaks well of
Abraham as well as U.Va. students, because Abraham is not a
see ABRAHAM page 4
have the final say,” said Law
School Professor Kim FordeMazrui. “It is similar to the question of whether to plead guilty or
not, given that an insanity plea
generally involves conceding the
facts.”
“The reason he pled guilty, I’m
convinced, was not to avoid the
death penalty and not because he was afraid to die,
but rather, solely because
that was the only avenue left
to him to avoid having to sit
in court, day after day, listening to his own lawyers portraying him as a madman,”
Mello told The National Law
Journal. “That was simply
unacceptable to him.”
Students and faculty said
that, despite the nature of
the crimes for which
Kaczynski has been convicted, Bonnie’s involvement
in the case will probably benefit the Law School.
“Whether negative or positive, this will thrust the limelight on U.Va.,” said firstyear Shane Smith.
“People like the ACLU
photo courtesy of the Law School
defend [criminals] too if there
Professor Richard Bonnie will
are important issues,” added
represent the Unabomber.
first-year Matt Middleton.
First-year Dan Bates agreed
self was rejected by the court.
“[Pleading insanity] strikes me that the personality of a defenas a decision which is sufficiently dant should not reflect on his atsignificant that the client should torney, pointing out that “the
claims he was coerced into pleading guilty after he disagreed with
his attorneys regarding the presentation of an insanity defense.
The attorneys firmly believed
such a defense repersented
Kaczynski’s best legal strategy.
Kaczynski also has complained
that his request to represent him-
Unabomber has rights, too.”
“If one believes in a criminal
justice system and that people are
entitled to a defense consistent
with their rights, to the extent
that an attorney helps maintain
those rights he positively contributes to our system,” said FordeMazrui.
The appeal that Kaczynski
seeks to file, a 28 U.S.C. § 2255
federal habeas petition to set aside
his guilty plea, is notoriously difficult to win.
If Bonnie files and wins the
§2255 motion, Kaczynski may be
subject to the death penalty, which
he avoided by his guilty plea at
trial.
“I have told [Kaczynski] as
firmly as I know how that my
strong personal and professional
opinion is that if he gets what he
wants — the § 2255 filed, succeeds
and he gets his day in court — it’s
virtually certain he will be sentenced to death and executed,”
Mello explained in The National
Law Journal.
Kaczynski is currently serving
four life sentences and thirty years
in prison, according to USA Today.
Federal authorities believe that
Kaczynski was responsible for 16
mail and package bombs that
killed three people and injured 23
between 1978 and 1995, according
to Court TV.
SBA Candidates Debate Issues
by Ben Block ’01
membership in honor cases to versity that doesn’t have any faith
Before a sparse crowd, SBA Honor Representatives.
in the current honor system,” said
candidates participated in the
First-year Andy Bell indicated Bell. “I’d like to see a year or two of
annual election debates. The can- his opposition to this proposal since research.”
didates answered questions from he feels that it is important to
Faulk agreed but said that cura panel representing various stu- keep honor proceedings “open to rently the topic is “not even raised
dent organizations.
as an issue by anyone else [beyond
all students.”
The two presidential candiFirst-year Uri Ko echoed this minorities].”
dates, second-years Kristen Prohl sentiment, stressing the need to
The Treasurer candidates disand Andrew Oliver, discussed the get more students involved in and cussed how they saw the role of
issues of safety and secuthat office in determining
rity at the Law School.
how money was spent on stuProhl did not see the need
dent activities.
“for drastic security meaFirst-year
Andy
sures as key cards and seLippstone
(The
Law
curity guards. … I’d like to
Weekly’s associate features
see a regular officer staeditor) stated that, “the job
tioned [in the parking lot]
of the Treasurer is to manas well as more lights,” said
age money efficiently so that
Prohl.
when good ideas emerge,
Oliver would encourage
there are funds to support
the administration to conthem.”
sider “locking the doors and
First-year
Lakshmi
having a single point of enParanthaman agreed, nottry” during the evening.
ing that she “has seen firstphoto by Marc Cohn
Oliver also thought a secuhand through membership
Second-years Andrew Oliver and Kristen
rity guard might increase Prohl square off in the candidates’ debate. on two SBA committees that
safety. He criticized current
there are more efficient ways
safety precautions, saying “A lot aware of the Honor Committee. to manage the money.”
of [planning] is for the convenience Ko noted that she “hasn’t seen
The race for Judiciary Repreof the administration rather than much about the honor code other sentative is between Tillman
the convenience of the students. than signing the pledge [on ex- Breckenridge, Bobby Djourabchi,
We need to be more student-ori- ams] and a little talk at the begin- and Elizabeth Semancik.
ented.”
They offered their views on the
ning of the year.”
Prohl hopes to emphasize her
While not necessarily in favor current Judiciary Committee conexperience — having served on of the change, first-year Cordell troversy in which a decision of the
SBA this past year — and accessi- Faulk indicated that the proposal Judiciary was overturned. All
bility. “I feel that I am one of the had some merit, saying, “Honor three emphasized student self-govmost approachable people in the Representatives are chosen from ernance.
Law School,” she said.
Several candidates are running
the student body. In that way, you
Oliver noted that his two-tiered are electing your potential jurors.” unopposed, including Student
platform is based on “inclusiveThe Honor Candidates also dis- Council Representative first-year
ness — getting more students in- cussed how the Committee should Nicolas Jafarieh, ABA Represenvolved in more activities, and in deal with charges that the current tative second-year Dana Williams,
being student-focused.”
system disproportionately leads to Secretary first-year Gerard
A member of the University the trial and conviction of minori- Saviola and Vice President secHonor Committee, who attended ties.
ond-year Naamala Liebenthal.
the debate, brought up one hot
The election will be held on
Although all three candidates
issue. Honor Representative Amy called for the committee to ad- March 2 and 3.
Campbell asked the honor candi- dress the issue, they felt more reStudents, including third-years,
dates whether they were for or search should be undertaken.
can vote in Hunton & Williams
against a proposal to limit jury
“There’s a portion of the Uni- Hall on those dates.
Printed on
recycled paper
2
Editorials
Virginia Law Weekly
Don’t Just Sit There, Do Something
Friday, February 26, 1999
Stuff to do Before the Millenium
What a difference a semester makes.
Since returning to class after the lengthy winter break, there seems
to have been a loss of energy and intensity around the Law School.
More people are skipping classes, and there is a general sluggishness
blanketing the community.
Perhaps first-years have returned from hibernation a bit more
rejuvenated than the second- and third-years. After all, they still have
to find summer employment.
Some of them are even donning their best suits these days, taking
advantage of the on-Grounds interview process. And first-years usually don’t skip a whole lot of class. The fear factor will remain with
them until the end of the semester.
But the defining characteristic of second-year students since the
winter respite seems to be, plainly and simply, a lack of motivation.
Second-years see the first-years walking around in suits and thank
their lucky stars that interviews are over.
They find comfort in the fact that they have gainful employment for
the summer, and likely upon graduation. Ask any second-year if he or
she is caught up in the reading, and you’ll likely receive an answer in
the negative.
Surely it’s even worse for the third-years who have had to endure
this apparent exercise in futility for nearly two years.
The pinnacle or nadir of this problem can be found in the on-going
SBA election. For the first time in three years, there are not even
enough candidates to fill all the offices. And the executive candidates
debate on Wednesday was attended by but one spectator.
Fortunately, February has provided a chance to put some spring
back in our step. Barrister’s was a great success, and this year’s Feb
Club parties have been well-attended as well.
But Feb Club is drawing to a close, and it is likely that after Spring
Break, the motivation level will be at an all-semester low. As we know,
Charlottesville springs are blissful, which makes it even more difficult
to be productive.
To be sure, there are non-academic ways to be productive. If you
can’t force yourself to crack open textbooks on a beautiful Saturday
afternoon, why not devote some time and effort to community service?
Although the SBA does a great job organizing Super Saturday,
community service should not be limited to one day a year.
If you would rather devote your time to the betterment of the Law
School community, why not run for SBA class representative? The
deadline is March 5, and it’s your chance to make your concerns heard
within the school. There are also numerous committees that are
looking for good men and women.
Still, let us not forget why we are here in the first place. We have
been given the opportunity to learn from some of the best law
professors at one of the finest institutions in the country. Few are
given the same opportunity to be a part of such a privileged community. It would surely be a shame if one day, sometime in the future, we
look back on the years spent in law school and regret having wasted
all of this time.
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 bear a handwritten signature and be submitted by 5 pm on the Monday before publication, in
hardcopy and on disk, 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 750 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
Doug Mintz
Editor-in-Chief
There is not a lot of time left
before the end of the millennium.
I know, because I watch a lot of
ESPN, and they have this countdown which runs before their
ticker which lists current scores.
You may also know, because I
guess it’s been in the news a lot. (I
wouldn’t know, because I only
watch ESPN…)
Ben Block, a firstyear law student, is
a Law Weekly
columnist.
So, we’re on our way to a new
century. I’m wondering, what will
they call the first decade; if we’re
in the “nineties” now, does that
mean we’re about to enter the
“zeroes?” Isn’t there
something a little
depressing (or at
least regressing)
about moving from
the nineties to the
zeroes?
Anyway,
this
whole countdown
has got me thinking.
There are a lot of
things I need to do
before this century
winds down.
It’s not that I
think the world is
going to end or the stock market
will collapse or anything like that
— it’s just that I need to set deadlines for myself, or I never get
anything done. And this millennium is a pretty convenient deadline. So, here’s what I need to do;
maybe it will help you make a list
of your own:
1)
Buy some dark jeans.
My sister informed me over break
that I “wasn’t allowed” to wear
any of my current stock.
Apparently, if I want to be fashionable, I need to find some as
dark as the ones you see on TNN
line dancing shows. Ugh. Oh, I
am also supposed to ditch all of
my khaki pants that have pleats.
(I’m going to try and buck the
system by untucking my shirt
instead. Don’t tell anyone…)
Ben Fox
Jennifer Leong
Executive Editor
Features Editor
Kristina Dell
Erica Bachmann
News Editor
Columns Editor
Marc Cohn
Ryan Farney
Photography Editor
Copy Editor
Sarah Shalf
Production Editor
Associate Editors
Ben Block
Associate Columns Editor
Amy Collins
Associate News Editor
Alex Dell
Associate Photography Editor
Harrison Clay
Associate Columns Editor for Reviews
Ryan Coonerty
Associate Features Editor
Andy Lippstone
Associate Features Editor
Tina Sismanis
Associate Production Editor
Staff
CONTRIBUTORS: Don Cole, Richard Bland, Stephen Venable
COLUMNISTS: Ben Block, Billy Palmer (SBA Notebook), VANGUARD.
REVIEWERS: Bart Epstein, Shawn Pompian, Sarah Shalf.
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.
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and the author of the article, excepting DICTA articles, for which advanced written permission is required. Advanced
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© 1999 Virginia Law Weekly
cooked food products. I’m told
that it is never too late to learn.
4)
Register for next
year’s classes. Apparently, if I
don’t show up on a certain day,
they boot me out of school. I already got three emails and two
letters in my mailbox about it. I
don’t want that to happen, so I’d
better mark my calendar early.
5)
Make a birdie while
golfing. Apparently, it is mathematically possible to put the ball
in the hole in less strokes than
par.
I don’t see how. I do know how
incredibly excited I got the one
time I accidentally shot par on a
hole and am somewhat scared that
my heart couldn’t actually withstand the thrill if, and this is a
super large if, I ever did get a
SBA Notebook
The culmination of (at least)
three years of law school is now
clearly in sight. Graduation will
be Sunday, May 23; plans and
events for graduation weekend
are being finalized. There are a
variety of activities and obligations that 3Ls need to be aware of
as we await the big day.
Mandeep Dhillon
Managing Editor
2)
Watch the entire 1999
NFL draft. The Browns are back!
The Colts pick fourth. The
Redskins and Eagles will blow it
yet again.
The tension (who will the Raiders take in the fifth round?), the
heartache (why did the Rams
draft another cruddy quarterback?), the closeups of Mel Kiper
Jr. My cup already runneth over…
3)
Actually cook something. While it would be pretty
cool to make it through the entire
twentieth century not ever having prepared “real” food, I don’t
think I can take the rotation of
Cap’n Crunch, Café North, and
Taiwan Gardens forever.
There is this device in my apartment called an oven which is apparently capable of creating
Billy Palmer is a
third-year SBA
representative.
First, and most immediate, this
coming Tuesday, Wednesday,
and Thursday, March 2-4 from
10 a.m. to 2 p.m., cap and gown
measurement and class dues collection will be held in Hunton &
Williams Hall by the SBA Graduation Committee.
This is the only scheduled time
to be measured for your graduation garb, so all third-years should
visit the table next week to be
fitted and to pay their dues.
Some third-years (and probably most second- and first-years)
may be curious about what class
dues are used for and how much
they are. Class dues for the Class
of 1999 have been set at $50 and
are used to cover three graduation related items.
First, class dues cover hood
rental. During the graduation
exercises, we will be “hooded” by
faculty members.
Second, class dues pay for our
graduation dinner party. This
year’s dinner party will be held
on Saturday, May 22 at 7:30 p.m.
in Spies Courtyard. Dress for the
dinner is casual and guests and
family members are welcome.
Third, the class dues are used
for a class gift. It is the obligation
of each class to give back to the
school a symbol of our appreciation for three exciting and stimulating years.
Previous class gifts have included a clock in the Spies Courtyard area, fellowships, and generous donations to the Student
Loan Forgiveness Fund at the
Law School.
Third-years can pay their dues
in cash or make checks payable to
“SBA-Graduation.”
Another event to look forward
to is the Alumni Association and
Law Foundation reception given
in our honor on the afternoon of
Saturday, May 22.
The reception will be in Caplin
Pavilion from 3- 5 p.m. and is for
all graduates and their families.
Graduation itself will be on
Sunday, May 23. There are actually two separate ceremonies. The
University Ceremony takes place
on the Lawn at 10 a.m. Each student will receive three tickets for
this University ceremony during
the week prior to graduation.
The Law School ceremony begins at 1 p.m. on Holcombe Green
Lawn. Seating will be on a firstcome-first-served basis. Dean
Scott will present each graduate
with his or her diploma.
Since the University ceremony
ends at approximately 12:15 p.m.,
all graduates need to return
promptly to the Law School for
the ceremony here.
bird.
6)
See
the
movie
Rushmore. I guess I’ll have to
drive to D.C. to do it, since the
movie theaters here are committed to showing more “high brow”
fare like She’s All That and Office
Space (there’s an hour and a half
of my life I’ll never get back.)
7)
Clean out my refrigerator. I think it is probably
healthy to do this once a century,
whether it needs it or not.
I’m a little saddened, however,
by the daunting reality that I will
need to throw out that thing in
the vegetable drawer that I think
was once a tomato. I’ve grown
kind of attached to it and think
it’s cute how it sort of lurches
around the fridge making strange
noises and giving off interesting
smells…
There’s more that
I want to do like improve world peace
and find my calling
in life but I don’t want
my list to be too long
because the important thing about lists
is that they be manageable.
This introspection
stuff is pretty taxing,
too. If I kept it up, I’d
be in therapy before
the zeroes even start,
so I’ll quit while I’m ahead. Besides, it’ll take a while to do all
that stuff, and I have to leave
plenty of time for watching ESPN.
LETTER TO THE EDITOR
Dear Editor:
Fireside sing-a-longs, dancing
to Duran Duran, stargazing with
that boy from Torts, and burning
rejection letters while sipping
Irish coffee are only a taste of the
crazy nights my roommate and I
experienced as two Feb Club
“regulars.”
“Stale,” “numb[ing]”? The impeachment trial? Maybe. Those
creatures of habit who wake up,
then go from class, to the library,
to the gym and back home to watch
the Simpsons every single day?
Definitely. Feb Club? Hardly.
Last week’s ANG complained
about familiar themes. Yet anyone who has pulled away from
Sega long enough to attend a party
has seen the themes come alive.
Last night, the “regulars”
talked about the last few weeks
— from the sheer endurance to
the creativity of conjuring up different costumes. The alcohol was
okay, the dancing was fun, but
experiencing the unique character and dynamics of each party
made it worthwhile. Like TJ
Maxx, Feb Club is never the same
place twice. For that person who
cannot see beyond the beer, please
tape the X-Files Sunday night —
Erica and I will be learning to
two-step.
Toni Thomas
Second-year
Bus service will be available to
transport graduates and family
members to the ceremonies. Parking will be available in the lots
surrounding the Law School and
at University Hall. The buses will
operate between North Grounds
and University Hall and University Hall and the Lawn.
Limited handicapped accommodations are also in place. Anyone needing handicapped parking should submit a request with
the basic facts behind the need to
Pat Harlowe in the Career Services Office. These requests must
be submitted by April 23.
Any third-year with questions
or suggestions about the ceremony should feel free to ask anyone on the committee: Melissa
Ballengee, Melanie Hart and Billy
Palmer, as well as SBA President
Amy Todd and Vice President Joe
Hamilton.
Virginia Law Weekly
News
Friday, February 26, 1999
Impeachment and the Presidency
by Rich Bland ’01 and Erica
Howard saw an equalizing efThe professors disagreed on the
Bachmann ’00
fect. “Perhaps, politically the bar effect and validity of the court deWhile many students were as has been lowered,” said Howard. cisions throughout the process.
removed from the impeachment “Future Representatives could
In May 1997, in Clinton v. Jones,
process as most Americans, at- now cast a wider net for impeach- the Supreme Court ruled a sitting
tending law school does provide ment, but in a practical sense, the President is not immune from a
an opportunity to gain a unique debate raised the bar.
civil lawsuit for conduct occurring
perspective.
“Unless there is an abuse of before he became President.
Four Constitutional Law pro- power of the actual office of the
The Court also held that the
fessors at the Law School have an President it won’t be seen as lawsuit would be “highly unlikely
abiding interest in the subject and grounds for removal. The to occupy any substantial amount”
have given the matter consider- President’s acquittal showed that of the President’s time.
able thought.
the managers failed to sell the
“I didn’t think [Clinton v. Jones]
“The fallout for the Presidency Senate on both their theory of the was correct when it was decided,”
as an institution is more likely to facts and of impeachment and re- said Klarman.
come from the Courts, as distinct moval.”
“I don’t think they were thinkfrom Congress and the impeachForde-Mazrui felt that a posi- ing about parallel litigation. The
ment process itself,” said Profes- tive lesson of the process was that problem wasn’t the impingement
sor A.E. Dick Howard.
prosecutorial overreaching and on the President’s time, but the
The impeachment process overzealousness would not be tol- use of civil litigation to extract
raised concerns about lowering the erated.
information to be used by an Indebar for impeachment, unpendent Counsel.”
dermining the rule of law,
Professor Caleb Nelson
and the impact of judicial
disagreed, saying, “I don’t
decisions
on
the
think Clinton v. Jones was
President’s civil liability,
wrong. Congress can crehis rights of executive
ate the immunity by statprivilege and the effects
ute, but in the absence of
of non-immune Secret
statute, I don’t see the
Service agents.
President’s being immune
Many legal historians
from suit for these nonremain concerned that
official actions.”
Congress may have forWith regard to the
ever lowered the high
Court’s assessment of the
threshold of impeachburden on the President’s
ment. All four U.Va. protime, Nelson said, “I don’t
fessors disagreed.
think the Court’s opinion
“The Constitution simphoto by Marc Cohn
should be written on the
ply does not answer this Professor A.E. Dick Howard on impeachment:
presumption that the
“Politically the bar has been lowered.”
question,” said Professor
President is going to comMichael Klarman. “Accordingly,
As to the House Managers’ con- mit perjury. Had [the President]
the constitutional argument sur- tention that if the President was been fully honest, as he concedes
rounding impeachment mainly acquitted, the Senate would un- he wasn’t, he wouldn’t have been
functioned as a form of rhetoric, dermine the rule of law, Klarman nearly so distracted.”
masking the political preferences took exception: “Most people are
Forde-Mazrui stated that much
that were driving the argument. not prosecuted for civil perjury. of the trial was a sham, and would
[But] even if you thought this was Most people in similar circum- have been a travesty of justice had
high crimes and misdemeanors, stances would not be prosecuted.” the Senate voted to impeach withthe trial failed to convict the Presi“You put someone in his posi- out hearing from witnesses. Like
dent. [Therefore] it won’t harm tion, in front of the Grand Jury, the rest of the country, by the end
the Presidency.”
when the price of not lying is that of the trial he was “burnt out.”
Professor Kim Forde-Mazrui an extra-marital affair would beHoward pointed out areas of
was disappointed by the implica- come public knowledge, and nine the weakened Presidency. Since
tion that constitutional interpre- out of ten people would do the the President lost his executive
tation is subject to personal and same thing.”
privilege objections to the testipolitical bias. “You just needed to
“That still doesn’t compare to mony of his aides, Howard said,
know a person’s political party to going on national TV and wagging “[the President’s] wife and his priknow not only his or her position your finger and lying to the na- vate attorney are the only shielded
on impeachment, but the very ar- tion; I don’t think the impeach- advisors. Future presidents will
guments the person would make,” ment was groundless,” added be much more reluctant to brainsaid Forde-Mazrui.
Klarman.
storm with advisors.”
Third Generation
Double ’Hoo
by Amy Collins ’01
Tradition plays an important
role at U.Va. Law.
In the 173 years since Thomas
Jefferson founded the Law School,
traditions like the student-run
honor system and afternoon softball have developed and continue
to be shared by all students of the
school.
Some students at the Law
School are more connected to this
sense of tradition than others,
having claim to the legacy of a
parent who preceded them at
U.Va. Law or having already spent
four years at the University earning their undergraduate degree.
Few students in the history of
the Law School, however, can
claim to be a third-generation
double-Hoo like first-year Tom
Rust.
Rust, his father Del. John “Jack”
Rust (R-Fairfax) and his grandfather John Rust Sr., all enrolled at
the University for both their undergraduate and legal educations.
John Rust Sr., attended the
school from 1933-1939. Thus,
when Tom Rust graduates in 2001,
the Rust family will have spanned
68 years at the University — over
one-third of the school’s existence.
John Rust Sr.’s father was also an
attorney but did not attend law
school.
“I am very proud and grateful
that I was able to attend the University of Virginia in college and
in Law School through the generosity of my father,” said John Rust
Sr.
“It is something that cannot be
taken away from me. That is why
I wanted my sons and grandsons
to have the same opportunity to
attend.”
For Tom Rust, there was little
doubt that he would follow in his
father’s and grandfather’s footsteps. “I would have gone here
over Harvard, over Yale,” said Tom
Rust.
However, Rust asserted that he
did not face pressure to attend the
University. “It was not important
3
to them per se, outside of that, it
was important to me,” said Rust.
John Rust Sr. always knew
where his path would lead him.
“Throughout my youth I was
always told I would attend the
University of Virginia and never
considered any other school,” he
said.
According to John Rust Sr., the
importance of some traditions gets
magnified as time goes by. “Softball was not considered a big deal
when I attended the University,”
Rust Sr. said. “We played solely
for the exercise and fun.”
These days, however, softball is
an activity in which a large part of
the school participates, and the
“beer and softball” image is even
part of what attracts students to
U.Va. Law.
John Rust Sr. offered advice to
the current students at his alma
mater. “I would suggest that new
students learn to use their time
wisely, remembering that they are
blessed to be able to attend such a
fine institution,” said John Rust
Sr.
All three Rust men claim to still
remember the words to the Good
Ole Song, a sign of what a significant role the University has played
in the family.
According to Assistant Dean of
Admissions Albert Turnbull, an
average of about 50 members, or
15 percent, of each class at U.Va.
Law received their undergraduate degrees from the University.
“There are a good number of
people that come here from the
undergraduate experience at Virginia,” said Turnbull.
Dean Turnbull attributed the
quantity of double-Hoos to a number of factors.
He believes the undergraduate
school boasts “many first-rate residents of Virginia” who can claim
tuition benefits by remaining at
the University.
Further, “a lot of people grow to
love the University of Virginia”
and wish to remain for their graduate study as well.
4
Best of the Law School
Virginia Law Weekly
Friday, February 26, 1999
The Virginia Law Weekly Presen
Abraham Named Top Professor in the Law School
continued from p. 1
professor who spoon-feeds material to his charges.
“I do what I think most of my
colleagues do; we try to challenge students, try to get them
to think in ways it’s not comfortable for them to think,” Abraham
said. “I also try to be clear and
organized when it’s possible.”
Notwithstanding all of his
professional accomplishments,
Abraham places the classroom
at the top of his priorities.
“We’re here to teach,” he said.
“Teaching is a major part of our
mission. We care about it, we
emphasize it, we talk about it
among ourselves. People who
are good teachers have respect
from their colleagues. I think
it’s one of the things that draws
students here and its probably
one of the things that draws faculty here.”
Second-year Ken Strachan,
who was in Abraham’s small section Torts class last year, believes Abraham is one of the few
professors who makes the
dreaded Socratic method work.
“He’s a very clear lecturer and
he did a good job drawing information out of the students,” said
Strachan. “He created the proper
incentive with the Socratic
method in that he took you to
the answer in a way most professors don’t.”
“Professor Abraham is absolutely brilliant,” echoed sectionmate second-year Jeff Blake.
“He points out things in the cases
that you never would see.”
Blake also noted that
Abraham hosted a barbecue for
the section last year, played on
their softball team, and has
served as a valuable adviser to
many of his section-mates.
Other students add that
Abraham is generally regarded
as the nattiest dresser among
the faculty as well.
Abraham grew up in northern New Jersey and went to college at the University of Indiana. He graduated from Yale
Law School and practiced for a
few years in New Jersey before
entering academia.
He spent a year at Case Western Reserve and nine years
teaching at the University of
Maryland before landing at
U.Va. in 1984.
“I’ve loved teaching from the
very start,” Abraham recalled.
“I got interested in tort law, and
my interest in tort law led me to
Best Professor
Professor
1. Abraham
2. Walker
3. Coughlin
4. Cushman
Harrison
Leslie
%
9.8
9.2
7.6
6.5
6.5
6.5
an interest in insurance law. 1991 and to the Institute’s CounThat led me to Virginia and I’ve cil — essentially the board of
been here and happy ever since. directors — in 1996. In that
I consider myself incredibly capacity, Abraham makes policy
decisions and reviews the work
lucky to be here.”
of people who produce the ReAbraham quickly
made a name for
himself as one of the
nation’s preeminent scholars in tort
and insurance law.
He has written
highly influential
books and articles
on mass tort reform
and medical liability.
In the wake of
the Superfund legislation and increased attention
paid to cleanup of
hazardous waste
sites,
Abraham
penned a trail-blazing book on liability for environmental disasters.
“One of the side
effects of the naphoto courtesy of the Law School
tional effort to clean
Law students love Professor Ken Abraham
up hazardous waste
and voted him top professor.
deposit sites has
been massive litigation over insurance coverage for statement and other projects. At
t h e c o s t s o f t h a t c l e a n u p , ” the ALI he has worked on legal
issues as diverse as internaAbraham explained.
“That litigation has become tional civil procedure and the
almost as important legally as application of the UCC to softthe cleanup liability itself. I ware, as well as tort law and
became interested in it, saw an insurance issues.
Married with two young chilabsence of good analytical literature on complex insurance dren, Abraham said when he’s
litigation and wrote a book on not writing or teaching, he can
be found either spending time
it.”
In recognition of his scholar- with his family or playing golf.
ship, Abraham was elected to His wife is currently the curator
the American Law Institute in of Monticello.
The J.B. MOORE SOCIETY OF
INTERNATIONAL LAW
is pleased to announce
Professor Walter Kälin
Faculty of Law, University of Bern, Switzerland
“The Rights of Immigrants in Multicultural
Societies:
Are there Limits to Tolerance?”
Wednesday, March 3, 4:30 p.m.
WB 101
Virginia Law Weekly
Friday, February 26, 1999
Best of the Law School
5
nts: The Best of the Law School
Best Class: Cops and
Robbers in WB 103
by Ryan Coonerty ’01
It has brought drug trafficking
and murder to the Law School. It
brings felons by the dozen, and
even has the occasional movie star
playing a role. No, it’s not the
NGSL. Rather, it is the winner in
this year’s Virginia Law Weekly
Best Course category — Criminal
Investigation.
Criminal Investigation is as
close to danger as students can
come in Law School. It leaves the
oak paneled, musty air of the courtroom in favor of a drug bust at a
rural house or a police chase in an
urban slum. Through the readings and discussions, students take
a theoretical ride along with the
police as they work in the darker
levels of society.
A large part of the popularity
comes from the energy and knowledge brought to the subject by Professors Anne Coughlin and Barbara Armacost.
“I really enjoy the class because
Professor Coughlin’s enthusiasm
is contagious. You can tell she is
fascinated by what we are talking
about,” commented first-year Tom
Valente, who is currently enrolled
in the class.
“Professor Coughlin’s teaching
style leaves you hanging at the
end of class and makes you want
to come back the next day just to
find out what happened,” firstyear Amy Meyer added. “It is just
like a two-part Law and Order.”
Criminal Investigation focuses
on subjects such as proper searches
and seizures, Miranda rights, and
the Fifth Amendment. Often, real
life examples or scenes from movies are used to spark discussion
and thought.
The examples from films are a
particular favorite of both professor and student. So much so that
the first day of class this term was
spent describing the Fourth
Amendment search by Brad Pitt
and Morgan Freeman in the film
Seven.
“Movies tell us that the public
is fascinated by the intricacies and
mechanics of police procedure,”
says Coughlin.
In addition to using movies,
Coughlin and Armacost also enjoy
student participation throughout
the course.
“The material lends itself to
spirited class discussions because
students and faculty tend to have
strong views on the issues raised
by the cases,” noted Armacost.
“I think it is the most engaging
set of materials in the Law School
curriculum,” agrees Coughlin.
Runners-up in the category of
Best Course were Evidence, Trial
Advocacy, Trusts and Estates,
Civil Procedure and Civil Rights
Litigation.
Best Class
Class
1. Criminal
Investigation
2. Evidence
3. Civil Procedure
Trial Advocacy
5. Civil Rights
Litigation
Criminal
Adjudication
%
14.2
7.4
4.9
4.9
4.3
4.3
Best Law School Employee:
Beverly Harmon
by Ryan Coonerty ’01
students that enhance their opAssistant Dean for Student Af- portunities to experience success
fairs Beverly Harmon, winner of and fulfillment in an academically
the first annual Virginia Law rigorous environment.”
Weekly Best University Employee
Harmon emphasizes that this
award, can be seen at every level can only be done by “working
of the Law School.
collaboratively with students, facKnown to rush from a meeting ulty, administrators and staff.”
with a student, to help deliver the
Tuesday bagels, to another meeting with administrators, she is a
constant in Law School life.
“Dean Harmon is at everything
and [is] everywhere,” said second-year Greg Vogel, who works
with Harmon in the Peer Advising Program.
Harmon’s job description is
varied and challenging. In addition to supervising the Peer Advisor program, she is responsible
for assisting in admission recruitment, providing advice and support for students regarding their
personal and law school concerns,
disability matters, and a variety
of other projects.
During a five-minute interphoto courtesy of the Law School
view, Harmon rushed in from a Dean Beverly Harmon: Best Law
School Employee
meeting with administrators, responded to an inquiry from her
counterpart at the University of
Over the past four years,
Chicago School of Law, and was Harmon has done just that. Bringwelcoming and friendly to virtu- ing her twenty-five years of expeally every student she passed in rience as an administrator at the
the hallways.
primary, secondary and college
“Developing relationships with levels to U.Va., Harmon has been
students is the most essential and able to address student concerns
rewarding part of my job,” noted as well as work on a very personal
Harmon. “Their many talents are level to help students with their
remarkable and enriching.”
problems.
Harmon sees her office as an
During her introduction to firstintegral component contributing year students, Harmon emphato the mission of the Law School. sized that her office is always open
Her goal is “to provide services to to deal with any concerns or prob-
More “Best of the Law School”
Best Place to
Study
Best Bathroom
Best Men’s
Interview Clothes
Location
Percent
1. Library
41.7
2. Home
25.0
3. Purcell Reading Rm. 8.3
4. Spies Garden
6.0
5. Slaughter 2nd Floor 3.6
Bathroom
Percent
1. 2nd Floor Slaughter 25.4
2. 2nd Floor Library 18.3
3. 1st Floor Slaughter 16.9
4. 1st Floor Withers 15.5
5. 1st Floor Library
5.6
Store
Percent
1. Beecroft and Bull
24.0
2. Eljo’s
12.0
3. Brooks Brothers
3.0
S&K Menswear
3.0
Young Men’s Shop
3.0
Best Products at
Café North
Best Products at
Courts &
Commerce
Best Women’s
Interview Clothes
Product
Percent
1. Coffee
20.0
2. Pizza
12.5
3. Samantha Juices
8.8
4. Soda
7.5
5. Bottled Water
6.3
Product
1. Candy
2. Beanie Babies
3. Ten-cent candy
4. Outlines/Gilberts
5. Disks
Percent
8.0
7.0
5.5
4.0
3.5
Store
Percent
1. Ann Taylor
34.0
2 Levy’s
5.5
3. Talbot’s
4.5
4. Garment District
1.0
Wal-Mart
1.0
Coming Next Week: The Best of the Charlottesville as voted by you.
AND THE WINNER IS...
The winner of a trip to Wintergreen is first-year
Beppy Landrum.
Don’t Like What You Read?
Get Involved.
Law Weekly elections are coming on March 8 at 7 p.m. in SL 279.
For more information, contact Doug Mintz or return the form in your mailbox to Doug
Mintz
lems that the students might have
at any time during their law school
careers.
This has brought many accolades from students, staff, and faculty alike. “Her generosity and
warm spirit draw students to her
as both an important administrative resource and a wonderful
friend,” said SBA President Amy
Todd.
In addition to her work at the
Law School, Harmon is involved
with many community organizations. She is a member of the
University’s Women’s Center
Council, vice-president of the executive board of the Shelter for
Help in Emergency, and has
served on the Board of Directors
of the Pittsburgh Downtown
YMCA and American Red Cross
of Allegheny County.
Students, faculty, and staff
agree with Harmon’s executive
secretary Lisa Napier, who, when
hearing about Harmon’s selection
as VLW Best Employee, exclaimed, “She just deserves the
award.”
Best Employee
Employee
%
1. Dean Harmon 16.0
2. Diddy Morris
13.6
3. Café North
Cashiers
12.3
4. Copy Center
Workers
9.9
5. Bookstore
Cashiers
7.4
6
Advertisement
Virginia Law Weekly
Friday, February 26, 1999
Virginia Law Weekly
C&O: The Most
Romantic Place To
Eat In Charlottesville
If you graduate before dining at
C & O at least once, you are cheating yourself of a once-in-a-lifetime
experience. C & O easily ranks as
We also called for some C & O
Vegetable Soup ($2).
The vegetable soup was hearty
and exceedingly fresh. It had so
many vegetables in it I would alcall it a stew. The Crayfish
C’ville Dining most
cake was similar to a fine crabcake,
but with more substance, less
in a Nutshell
breading and plenty of zing – its
by Bart Epstein
sauce was warm and spicy Cajun
without damaging the tastebuds.
one of Charlottesville’s top five for
While the artichoke pate was a
most elegant presentation, finest bit bland (especially relative to the
service, most romantic atmo- crayfish) the trout was outstandsphere, and most delicious food. ing, smoked to perfection, and
Since the price one pays for such served with a radiccio & tangerine
an experience is substantial, plan salad with scallions, olive oil, and
your visit there to coincide with doux Delaware montagne cheese.
parental visits, recruiting events
Two of our four entrees were
or a special romantic occasion.
simply outstanding. The Chicken
C & O is easy to miss. From the Breast Roasted with Goat Cheeseoutside it looks like an old brick Pine Nut Butter ($15) was absoapartment building turned conve- lutely heavenly. The chicken was
nience store. Unless you know to light but baked with incredible
look for the beat up Pepsi sign dan- flavor.
It was served over a wonderful
gling from the façade, you’ll probably drive right past without the bed of garlic mashed potatoes that
featured chunks
slightest clue of
of squash, eggthe treasures hidplant and caring inside.
rots. PresentaKnowing that
tion was outmy parents were
standing.
coming to town
Similarly, the
this past weekRack of Lamb,
end, I made resRoasted with
ervations a few
Basil-Pine Nut
weeks in advance
Pesto ($20) was
and considered
absolutely stunour group fortuning. Cooked exnate to be accomactly as ordered,
modated. Walkthe lamb was
ing into C & O
crisp on the outRestaurant was
side and pink in
the closest we’ve
the middle. The
come to walking
photo by Marc Cohn
pesto was strong
into an actual
The C&O is easy to miss, but
without overFrench inn so far.
worth looking for.
powering the flaThe décor is dark
and simple, with soft white table- vor of the meat or the potatoes.
Our entrees were, as all entrees
cloths, baby’s breath, and fresh
bread on every table. The staff at C & O seem to be, served in
greets you so warmly you almost large portions, enough to allow
some cross-table sharing.
expect a hug.
Our other two entrees were a
Considering the breadth and
complexity of the dinner menu, it tasty fresh Lobster in Alphabet
is entirely reasonable to order Pasta ($20) and the Wild Mushsome wine and a few appetizers room Risotto with Spinach,
while you daydream over the en- Romano & White Truffle Oil ($15).
For dessert, my dad was thrilled
trees. We ordered Crayfish Cake
with Cajun Remoulade ($7.50), with the Raspberry Shortcake
Artichoke Pate ($5.50) and ($4.25). This dish was more like a
Smoked Trout ($7) for appetizers. scone: it was flaky dry and then
Reviews
Friday, February 26, 1999
Cheap Wine Recap
Boone’s
Farm
Country
Kwencher: The hit of cheap wine
night. This “apple wine product”
combines a fruity taste of apples
and artificial flavors and wood to
give a taste strikingly similar to
Sprite. It’s the K in Kwencher
that makes it so good.
MD 20/20 Banana Red: With
a red color and a fake-banana
flavor, “Mad Dog” delivers just
what it promises. At 20% alcohol
however, it packs a far greater
punch than Boone’s.
Emergency Division
Thunderbird: This street-corner fortified favorite comes complete with a strong bouquet of
vomit. The taste bears a curious
resemblance to lighter fluid. How
someone can drink this we don’t
quite know.
cut in half. The raspberry was
mashed into a paste and the whole
thing was topped with a fresh
homemade cream. It was so good
that he was hesitant to share.
Also making their way to our
table for dessert were several
scoops of vanilla Haagen-Dazs featured in two of the desserts.
Three scoops arrived covered
with Warm Belgian Chocolate
Sauce, Roasted Nuts and Whipped
Cream ($6.00), and another scoop
arrived in a Chocolate Cup with a
Mango and Strawberry Coulis
($4.50) Sauce. Both were delicious.
Other than a somewhat substantial wait to place our appetizer order, our service was flawless. Lynn was friendly, helpful,
and knowledgeable. She doublechecked on ingredients for my dad
and she made sure that everything went smoothly, and even
gave us two pieces of C & O’s
delicious bread to take home with
us. The overall experience at C &
O was excellent and I very much
look forward to going back.
C & O Restaurant, 971-7044, is
located at 515 E. Water St. Lunch
is served Monday through Friday
and dinner is offered seven nights
a week. Reservations go quickly
for dining on either of the main
floors. Reservations are not accepted for the more casual, less
expensive downstairs bistro.
7
Get Afflicted
There is nothing that compliments a nice cold spell like a snowbound freak show on the big screen.
True to its title, Affliction provides you with all the misery, psychosis, and repressed anger you
need to make it through till spring.
So if you have had it with your
Movie Review
by Shawn Pompian
writer’s cramp (or carpal tunnel
for the laptop-toting public) and
the postcard you got from the
Registrar’s office included the word
“crappy” in the comments section,
I think you are probably ready for
a little Affliction.
Beginning on a snowy Halloween eve in a remote New Hampshire town, Affliction traces the
mental meltdown of your friendly
neighborhood police officer, Wade
Whitehorse (Nick Nolte).
As the film opens, Wade is already well on his way down the
path of the disgruntled government employee. His ex-wife torments him, he has to moonlight as
a snow plow driver, and he has a
nasty toothache.
To make things worse, his
daughter is visiting, but she is not
responding to his you’ll-have-funbecause-I-say-so strategy.
Now, it should be no surprise
that Wade has trouble relating to
children. When he was a kid, his
father tried to make Wade and his
brother into ‘real men.’
But instead of making them
watch lots of John Wayne movies
like a normal father, Papa
Whitehorse decided to build on
the pioneering work of Dr. Spock
in child psychology: he drank
enough Brown’s Canadian to repulse even the most devout Feb
Clubber and he hurled bizarre
epithets at his small children.
Shortly after Halloween, a
wealthy Bostonian hires Wade’s
friend to take him hunting. During the trip, the Bostonian is killed
in a (suspiciously) freak accident.
Wade, however, is not fooled for
a moment. He reaches the conclusion that the shooting was actually a mob hit executed by his
friend and orchestrated by some
local businessmen.
Wade spends the film trying to
prove his theory, much to the annoyance of the suspects.
In the process, Wade is greatly
angered as he realizes that he is
becoming more and more abusive,
like his father. I am not sure what
tipped him off, but it may have
been the serious fistfight with his
young daughter.
Although the plot sounds a little
like a standard issue murder mystery, Affliction is supposed to be a
character study of the long-term
effects of child abuse. And in many
ways, the battle between Wade
and his father is the centerpiece of
the story.
Paul Schrader, who directed the
film and adapted the screenplay
from the novel, goes out of his way
to make Wade the victim of the
rage he repressed as a boy. As a
result, the dialogue occasionally
sounds like a public service announcement against child abuse.
In general, however, the movie
works well because the cast hands
in some solid performances.
Nick Nolte (nominated for Best
Actor) plays the same gruff but
lovable character he usually plays.
This time, however, he does an
excellent job of showing how petty
annoyances can develop into general disgust with the world.
More important, Nolte makes
it clear that Wade’s anger has
turned him into his father without
being too obvious about it.
James Coburn (nominated for
Best Supporting Actor) is great
both in the flashbacks as a young
father in the prime of his abusiveness and in the present as a surly
but pathetic old man.
In some respects, Schrader hurt
the film by trying to accomplish
too many things at once. For no
particular reason, the story is told
from the perspective of Wade’s
brother Rolfe (Willem Dafoe) by
way of some clumsily written voiceovers. Apparently, Rolfe is supposed to put the story in some sort
of intellectual context. But the
real power of the film is in the
performances, not in a bunch of
pseudo-philosophical babble.
In the rather abrupt ending,
Schrader also uses the voice-over
to tell the audience how everything comes out.
It seems like Schrader decided
he did not want the movie to hit
the dreaded two hour mark and
replaced about 20 minutes of the
story with 20 seconds of ‘Where
are They Now?’
On that theory, George Lucas
would have ended Star Wars with
the voice-over: “So Luke and Han
blew up the Death Star and got
some medals.”
Bruce Hornsby Drops in on Metheny, Jazz Fest ‘99
Jazz Fest ’99, sponsored by the
U.Va. Arts Board, brought some
legendary jazz musicians to town
last weekend. The Jazz Fest featured sold out shows by Oliver Lake,
Herbie Hancock, and Pat Metheny.
Concert
Review
by Sarah Shalf
Although initially the attitude of
the performers and staff seemed
less than gracious, the musicians
nonetheless overwhelmed the crowd
with a terrific weekend of Jazz.
Instead of bringing his own band,
guitarist Pat Metheny played for a
standing-room only crowd on Saturday night with the U.Va. Jazz
Ensemble, directed by John
D’Earth, and the Freebridge Quintet, U.Va.’s jazz faculty ensemble.
The set opened impressively
enough, but it was during the second tune of the set, “Are You Going
With Me,” that the audience realized what an amazing concert this
was going to be.
Metheny’s solo elicited spontaneous eruptions of cheers from concert-goers and the entire ensemble
was tight. An enthusiastic audience rewarded their efforts with a
which Hornsby left the same way
standing ovation at the song’s con- their return to the stage.
We didn’t realize the extent of he came — over the wall.
clusion.
Backstage after the concert was
The rest of the set was fantastic, the reward, however, until Metheny
featuring some great solo work by came to the microphone and an- low-key, with a few jazz ensemble
not only Metheny but several stu- nounced, “We’d like to invite Bruce members and other students talking to Metheny and Hornsby as well
Hornsby to the stage.”
dents in the ensemble as well.
as the faculty perThe set closed out
formers.
with an energetic
Metheny admit“Minuano.” During
ted that the last time
the entire concert,
he played a concert
Metheny smiled oflike this was 10
ten, just enjoying
years ago at the Unithe music — his
versity of Miami,
own, and everyone
where he was a
else’s.
member of the jazz
After intermisfaculty. He said that
sion, Metheny took
most of his time is
the stage backed by
taken up with reD’Earth and the rest
cording and other
of the Freebridge
projects.
Jazz Quintet. The
The
festival
Quintet has perstarted Friday night
formed together evwith
pianist
ery Thursday night
photo by Marc Cohn
Herbie Hancock, Kenny Davis and Gene Jackson
Hancock’s back-toat Miller’s on the
perform for a sold-out crowd at Old Cabell Hall.
back shows in Old
Downtown Mall for
Hornsby bounded down a side Cabell Hall.
several years, and Metheny was able
The auditorium was full with
to settle right into the midst of the aisle, hopped over the low wall at
group and read their signals with the edge of the stage and sat down about 50 additional fans like myself
paying to stand at the back of the
at the piano.
little effort.
Hornsby, an excellent jazz (as balcony.
At the end of the concert, the
We discovered that they really
audience members were on their well as pop) pianist, noodled around
feet immediately seeking an encore. on the piano for a few minutes be- meant “stand only,” when an eldMetheny and the rest of the group fore the whole group joined in, treat- erly couple was repeatedly told by
ultimately rewarded the crowd with ing us to a 15 minute encore, after patrolling house managers that they
could not sit on folding stools they
had brought because it was a fire
code violation.
After the couple had several unsuccessful battles with the staff, two
gracious students who had been
watching the scene unfold gave up
their seats to the couple.
This perhaps set the tone for the
evening. Herbie was almost too big
for this venue. He came out on stage
15 minutes late and complained that
the piano looked like hungry students had been gnawing on it and
rambled on as the audience politely
laughed at his jokes.
However, once the concert got
started, we forgot about the atmosphere and focused on the music,
which was — for the most part —
excellent. Hancock brought bassist
Kenny Davis and drummer Gene
Jackson to complete his trio.
Steve Turre and Sanctified Shells
played a very different Sunday afternoon concert with Quartette Indigo, a jazz string quartet. Turre’s
group is an Afro-Cuban/Latin ensemble, and the “shells” are conch
shells with holes drilled in them,
one for each key, including a “Cshell,” joked Turre. The audience
couldn’t resist the infectious Latin
groove, getting out of their seats and
literally dancing in the aisles.
8
Virginia Law Weekly
V
ANGUARD
OF
DEMOCRACY
Class of ‘88 Rules!
seems that 3L K.N. let a few of her
3L friends choose from her collection of more than 40 high school
prom dresses. The result: J.M.
came as a bride to be, S.T. came as
the lady in red, M.P. came as cleavage and S.J. came as the little
princess.
At one point in the night, the
ladies were seen huddled in a circle
in the middle of the dance floor,
protecting M.P. while she put her
girls back in the house. Way to
stick together!
“Crazy for You” by 2L M.R.
& 3L J.K.
Can VG call ’em or what? A few
weeks ago, VG stated that the two
should just hook up and get it over
with. Well, it seems that most of
the law school agrees since they
named J.K. & M.R. King and
Queen of The Prom last week.
When asked how they felt about
winning the big one, J.K. responded, “I never had a doubt. It’s
my party and I’m the King!”
M.R. claims she didn’t see it
coming. “I had some pretty stiff
competition. When I saw 2L J.A.’s
name on the ballot, I knew I had a
fight on my hands.”
“Loser” by GuestGuard
Before we go, VG must
take a moment to address
the column written last
week by GuestGuard. While
GG took a few jabs at VG
and the Law Weekly, VG is
here to let the children know
that we are above making
immature retorts.
Sure we could comment
on the fact that although
GG accused VG of predictable and repetitious columns that lacked wit, it nevertheless attempted to rag
on a student (2L D.M.) that
VG already blasted for the
very same behavior.
But where’s the fun in
that? Or maybe VG could
photo by Marc Cohn
simply point out the fact
Gilligan, the Skipper too, the
that GG’s article pretty
Millionaire and Mr. Kotter?
much sucked. But why go
there? Like mom always said, if
“Poison” by 3L A.J.
At last week’s Phat Tuesday you can’t say something nice…
“The Boys (and Girls) are
party hosted by 3Ls B.H., J.M. &
R.G., A.J. felt that the only thing Back in Town”
Rosters for the Spring Softball
that could top a night of drinking
toxic hurricanes and playing “flip- Season are due this coming
cup” with straight vodka was to Wednesday, March 3 in the NGSL
Mailbox. 3L B.P., captain of two
eat a potato raw.
And that’s just what he did. time defending Co-Rec champ
A.J. reported the next day, “That Tipsy McStagger, was heard saydamn potato was the death of me. ing, “I can’t wait to see what bunch
I know I puked it out, I just don’t of losers dare to challenge the
remember where.” Rumor has it McStagger dynasty this season.”
that J.M. found a wet spot in his Get those section teams back together or form new ones. The seabed that night.
“Girls, Girls, Girls” by 3Ls son is scheduled to begin on Monday, March 8.
K.N., M.P., S.T., J.M. & S.J.
Did you see what people were
wearing at The Prom last Friday
VANGUARD OF DEMOCRACY is an
night? A big hand for those who independent column of the
dared to go retro and make The North Grounds Softball League
Prom one of the best Feb Club and does not necessarily repreparties in recent memory.
sent the views of the Editors of
VG has to mention the crowd of the Virginia Law Weekly.
3L women dressed to impress. It
This week VG follows the retro
path set by last Friday’s Feb Club
party, The Prom. Check out these
old (and not so old) tunes, sung by
U.Va. Law’s Finest:
“1999” by The Men of Rugby
Road
Last Friday, these guys threw a
party that The Purple One himself would be proud of. The dance
floor was packed all night as
grooves from the ’80s blared on.
Radical! The high point of the
night came when 3L P.E. and 2L
J.W. competed in a “break-off” on
the balcony.
P.E. had the lead until he threw
out his back doing the centipede.
J.W. then stole the show by spinning on her head for an impressive
3-1/2 rotations.
What better time for a kick-ass
party than the same day that the
Law Weekly bashes the Commissioners for promoting a stale month
of parties. Feb Club parties are
what the hosts make of them and
3Ls P.E., J.K., B.M. & B.P. made
the most of this one. If the crew of
ANG feels that “the entire concept
is a bit stale,” maybe they should
buy better wine.
February
Top 10 Interests to
Consider Leaving
off YourResume
By Andy Lippstone ’01
10. Midget Taunting
9. Caucasian Rap
8. Holocaust Revisionism
7. Chest-Hair Bonsai
photo by Marc Cohn
6. Amateur Mammography
26 Feb Club — Disco Party
26-27 Moot Court Semifinal
Arguments. Caplin Auditorium, 6 p.m.
27 Feb Club – Anything for Money
28 Final Feb Club – Hip Hop &
Hee Haw Kareoke Party
March
1 Purim Party sponsored by The
Jewish Law Students Association. Free Hamentashen and
beer. 7 p.m. in Caplin Pavilion.
2 An Irish Celebration Benefiting the John Neilson Memorial
The spectator takes in Wednesday’s SBA debate.
5. Building “Judges of the 3rd Circuit” Dioramas
4. Speed-Spliff-Rolling
3. Juggling Swedish Children
2. Black Sabbath Bootlegs
1. Making Sweet Love
Submit your top ten list to Jenny
Leong, Features Editor, in SL 279
or her mailbox. Please have entries in by 5 p.m. on Tuesday for
the following Friday publication.
photo by Marc Cohn
SBA candidates plan to divide the Law School into spheres of
influence.
Around Town: Slurpeeville
By Stephen Venable ’01
Slurpee success may be its assort- “Splitzo Slurpee,” a plastic cup
One of the classic Simpson’s ment of flavors. The store oper- divided down the middle, so you
episodes depicts Bart sucking ates two Slurpee machines, offer- can enjoy two different slurpee
down an all-syrup “squishee” from ing customers eight different flavors without mixing them at
the local Kwik-e-Mart, experienc- Slurpee flavors from which to all. (The Splitzo sells for $1.39,
and you can refill it for just 79
ing a high comparable only to that choose.
achieved by the most steadfast
“We’re one of the few stores to cents if you keep the cup.)
According to Klein, however,
Feb Clubbers.
actually have two machines,” Klein
While not boasting the same said. “When I first came here, we many Slurpee lovers don’t mind
euphoric trip as the Kwik-e-Mart only had one machine, but we sold the mixed up slush. “We have one
squishee, the Slurpee machines at so many Slurpees, I decided to put of the best cleaning systems of any
Slurpee machine, to get all of one
the Ivy Road 7-Eleven have estab- in another one.”
lished themselves as a source of
The ability to run eight flavors flavor out before the next one
Charlottesville pride.
at once allows the store not only to starts, so we can avoid having
The 7-Eleven store sells “a lot” offer a wide variety of flavors at mixed flavors. It doesn’t seem to
of slurpees each day, according to one time, but to change flavors matter, though, because the kids
store franchisee Raymond Klein. frequently, always giving new or and everybody else seem to just
In fact, the store dispenses enough seasonal choices for its customers. mix up different flavors anyway,”
of the semi-frozen treats each day
“Whatever Slurpee flavor he said.
Employees were hazy of any
to rank it as the top Slurpee seller known to man, we’ve got it,” King
specific Slurpee lore in the store’s
for the state of Virginia, not to boasted.
rise to the top of the state’s
mention 7-Eleven’s entire eastSlurpee heap.
ern district of stores.
There were no reports of
Klein attributes the success
students putting their
of his Slurpee sales to two facmouths under the Slurpee
tors: the Virginia student body
dispensers or having any
and the wide variety of flavors
Slurpee remnants spray out
the store offers.
of their nose. Instead, some
University students make
of the funniest moments, acup a large part of the franchise’s
cording to King, are when
Slurpee sales. The store no“people don’t realize that the
tices a significant drop-off in
Slurpee will continue to rise
Slurpee consumption over the
after they turn off the nozzle.
winter holidays, when most
It still does rise and the top
students are away.
photo by Marc Cohn
pops off on them.”
“The students really love
Mr. Simpson, would you like extra juice
Employees also claimed
them,” store employee James
in your Squishee?
that they hadn’t yet gotten
King agreed.
The real key to the store’s
The most popular flavors have sick of the Slurpee after years of
traditionally been the old stan- sucking down free ones.
They did warn of the “brain
dard Coke and cherry flavors, with
Klein giving the current popular- freeze” phenomenon, the sudden
headache one develops just behind
ity edge to the cherry.
“Our summer seasonal flavors the eyes from quick consumption
tions” conference sponsored by that do the best are pina coloda of a Slurpee.
the John M. Olin Program in
The potential brain freeze has
and a peach flavor,” Klein said.
Law and Economics and the “We also get flavors for holidays, not slowed down the Ivy 7-Eleven
Virginia Law Review. Speak- like the black coloda we had for in its continuing quest for Slurpee
ers and commentators will rep- Halloween.”
supremacy. Each of its eight founresent U.Va., Chicago, BerkeCurrently the store is capitaliz- tains spin and pour slurpees 24
ley, Michigan, Texas, Loyola,
ing on the cherry rush. It offers hours-a-day.
Stanford, Yale, and Colby ColEvery law student will likely
three different cherry flavors:
lege.
Cherry Passion, White Cherry, and visit the Ivy 7-Eleven at some point
9-10
SBA Elections for Class the traditional Cherry.
in his or her years in
Representatives
Other current flavors include Charlottesville. Have a slurpee,
10 Student Funded Fellowship second pick Coke, Pina Coloda, be it cherry or black berry, and say
Forms by 4 p.m.
Kiwi Strawberry, Blue Raspberry, you’ve bought from the best.
Unfortunately, the store has no
and Bury Berry.
13-21 Spring Break
If you can’t make a decision immediate plans to develop an all17 St. Patrick’s Day
among the many offerings, the syrup or an alcoholic model for
31 Passover Begins
store offers the relatively new student consumption.
The Docket
Fund at Miller’s, 8:30 p.m. –
12:30 a.m., 109 West Main
Street
2-3SBA Elections for Executive
Office. Vote in H&W Hall.
3 Professor Walter Kälin of the
University of Bern, Switzerland, presents “The Rights of
Immigrants in Multicultural
Societies: Are there Limits to
Tolerance?” Sponsored by J.B.
Moore Society. 4:30 p.m. in WB
101.
5 Deadline for Candidacy for
Class Representative, Forms
are available in SL 123
6-8“Law and Economics of Elec-
Friday, February 26, 1999