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Friday, 5 October 2007Volume 60, Number 06www.lawweekly.orgINSIDESheehan Wishes He Had a Friend...................................................... 23Ls—in the Library?!?....................................................................... 4The Delights of Downtown D.C.......................................................... 5Crypt-o-Quote/Faculty Quotes.......................................................... 6Sean Conway ’09Contributor<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong>Third-year student Winn Allenand second-year Matt Nicholson receivedtwo of the Law School’s mostprestigious academic honors afterearning the highest academic averagesin their respective graduatingclasses.Allen received the Jackson WalkerL.L.P. Award, given to the Law Schoolstudent with the highest grade pointaverage after completing four semestersof coursework. Nicholson wonthe Carl M. Franklin Award, whichhonors the student with the highestaverage after two semesters.The recipients’ names have beenadded to plaques displayed inHunton & Williams Hall. Both winnersalso receive a cash stipend, but,as Nicholson noted, “[t]he FranklinAward is $200 more [than the JacksonWalker Award], and only halfthe work.”“It would be hard to think of twomore talented students here at UVA,”said Professor A.E. Dick Howard,who has had both award winnersas students. “Both Winn and Mattsucceed in being exceptional legalscholars while also being involved inthe world around them.”Allen, an Atlanta native who graduatedfrom Georgetown University,is an articles editor for the VirginiaLaw Review. He spent last summer atWilliams and Connolly in Washington,D.C. and next year plans to clerkfor Judge Jeffrey S. Sutton of theU.S. Court of Appeals for the SixthCircuit in Columbus, Ohio.“It was deeply humbling to winthis award,” said Allen. “I’m sure itcame down to 50% hard work and50% luck.”The Newspaper of the University of Virginia School of Law Since 1948Allen, Nicholson Win Walker, FranklinAwards for Academic Achievementphoto by Michael Seeligson '09Jackson Walker L.L.P. Award winner Winn Allen ’08 and Carl M. Franklin Awardwinner Matt Nicholson ’09.“Winn is a hardworking guy whois both smart and generous with histalents,” added third-year law studentAndrew Bosse, also an articleseditor for the Virginia Law Review.“He is someone Virginia Law will beproud of in the future.”Nicholson grew up in Tallahassee,Florida, and earned his bachelor’sdegree here at the University ofVirginia. He is the president of theRaven Society, the oldest honorarysociety at UVA, and is a member ofthe Virginia Law Review. Last summerhe performed research underProfessor Howard for a project examiningthe influence of Americanconstitutional ideas abroad. He hasalready accepted an offer from Williamsand Connolly in Washington,D.C. for next summer.“It’s a big honor to have my nameput on that plaque given what someof the past winners have gone on todo in their careers,” said Nicholson.“It’s a bit intimidating.”“Matt exemplifies what UVA Lawis all about,” said second year lawstudent James Nelson, Nicholson’sroommate for the past three semesters.“He is intelligent, he is friendlyand outgoing, and, most of all, he isdeeply invested in the intellectuallife of the Law School.”The Jackson Walker L.L.P. Awardwas established in 1989 by the Texas-basedlaw firm of the same name.The Franklin Award was establishedin 1998 by Carl M. Franklin ’48, Vice-President Emeritus and Professor ofLaw at the University of SouthernCalifornia.Previous winners of the JacksonWalker L.L.P. Award include currentand former UVA Law professorsElizabeth Magill and Toby Heytens.Heytens was also the first FranklinAward recipient.Michael, MotzGive a LiberalPerspective onJudgeshipCraig Smith ’09Associate Reviews EditorThe American Constitution Society(ACS) brought two federalappellate judges to Caplin Pavillionon Wednesday, September25 to discuss their experienceson the Fourth Circuit. Speakingto a crowd primarily composedof first-years, Judge M. BlaneMichael and Judge Diana GribbonMotz ’68 offered insightsinto their careers as outliers in avery conservative circuit.Judge Michael opened his remarksby calling himself a “judgelooking for a good set of facts.”To achieve success from the leftof the circuit’s philosophical center,he takes what he describedas an incrementalist approach,never writing beyond the factsat hand.Assignments to write majorityopinions present an interestingchallenge, one that Judge Motzsaid she approaches by takingthe views of her colleagues intoaccount. As a minority on thecourt, she is willing to compromisefor votes, within limits.Describing her opinions, sheexplained that if a paragraphseems to be inconsistent withthe rest of her writing, then itlikely resulted from an accommodationto get a vote. “If I’mnot doing damage to the law, I’musually amenable” to these typesof adjustments, Motz noted.ACS founder Daniel Rubin,moderator of the discussion,► FOURTH CIRCUIT page 2around northgroundsCongratulations to3L Alec von Elten andElisabeth Summers’03 on their engagement!Congratulations to2L Brandon Gravesand his wife Rebeccaon the birth oftheir child Laylah!Thumbs down to thehoax email about puppiesup for adoptionsent around the schoolon Wednesday. Al-Qaeda’s itineraryfor Wednesday, October 3:9:00 a.m.: plot destruction ofAmerican landmark. 11:30 a.m.:terrorist training. 1:30 p.m.: sendout misleading email re: puppies.Thumbs up to Prof.Sinclair for not onlyattending his smallsection’s softball gameand wearing the jersey, but alsoactually playing in the game.But thumbs down to the fourgamesuspension he incurredafter testing positive for HGHafter the game. Say it ain’t so,Prof. Sinclair, say it ain’t so.Thumbs down to theprofessor who held aSeminar in Ethical Valuesthe evening afterFoxfield. It’s hard to probe ANG’smoral intuitions when they’re justas fuzzy as ANG’s vision, inhibitions,and motor skills.Thumbs down to theguy who clips his toenailsin the library.Sick, dude, that’s whereANG brushes ANG’s teeth!Rogan Nunn ’10ContributorHarris Teeter is out of freshmint, the racks at Eljo’s are bareof bow ties, and Facebook isgroaning under the weight of3000 freshly uploaded photos.It can mean only one thing: the30th running of the autumn FoxfieldRaces.The sun was shining brightlyon Sunday as hordes of preposterouslydressed students unloadedfrom buses and started the approximatelysix-mile walk to theLaw School plots where, safelyinsulated from easily mortifiedfamilies, a tailgating spread secondto none awaited. Enormoushats rode sundress rafts througha sea of seersucker as sectionsmet and mingled. Revelers dartedin and out of tents and crowdedaround five-gallon coolers of mintjulep, each desperate not to be theFoxfield: A Vision in Seersuckeronly one left sober at noon. Eventsecurity patrolled the area withan ever vigilant eye, keeping thepeace and providing helpful tips.“If you’re going to spew, point itaway from the children,” one adviseda celebrant already doublefistingmimosas.The official festivities kicked offwith the national anthem playingover the loudspeakers as a manparachuted down trailing a hugeAmerican flag. The crowd hadalready gone back to their drinkswhen he landed in a nearby copseof trees, temporarily blinded bythe reflection from several pairsof Nantucket Reds.It wasn’t long before the realentertainment began. For the uninitiated,the races themselves area sight to behold: the proud animalsstraining at the gates, burstingforth in a surge of accelerationand coursing down the track,muscular bodies driven by countlessgenerations of careful breedingas they deftly negotiate jumpsand turns. As they enter the finalstretch, each gives his all in a last,desperate surge, and the first toscoot through the hay bales gets amilkbone. Yes, ladies and gentlemen,this is the main attraction,the proud terriers of Foxfield. Ona related note, Law Weekly also receivedscattered, drunken reportsof horses appearing later in theday, but so far has been unable toconfirm.As the afternoon progressed,the carousing became ever moreraucous. Neckties were loosened,drinks made stronger. The sectionF/J tent had the turkey bastersfrom its gin bucket confiscatedbecause, as the officer sensiblyexplained, that constituted bingedrinking. Meanwhile, roughlyten feet away, a group engaged inanother rousing round of “dunkaroo,”a game involving shotgunnedbeers, a cooler full of water,and the inverted suspensionof the participant (because nothingsays refreshment like beer andhair gel going up your nose).By the end of the day, the oncepristine grassy hills looked morelike the fields of Antietam thanthe infield of a racetrack. Hats,jackets, cups, and other sundrydetritus littered the groundaround fallen celebrants just“resting their eyes for a minute.”Some slid down against a convenientambulance, thankful forthe shade. Eventually, most madetheir way back to the waiting buses.After seven hours of drinkingin the sun, all anyone wanted todo was get to . . . 2001 Ivy Road.That’s right, law students beingthe indefatigable champions theyare, the group soon found its secondwind at the after party, spiritsbolstered by five kegs and 70 piz-► FOXFIELD page 2Thumbs up to the pettingzoo at Foxfield.ANG’s been thrown outof restaurants, bars,and weddings for being drunk.ANG is very proud to add a children’spetting zoo to that list.Thumbs down to journaleditors who laydown ultimatums forwhen cite checks aredue. The deterrent effect of “orelse I’m going to get really mad”just doesn’t seem very strong.Perhaps you could try askingnicely, like a normal person.Thumbs up to SBA’sattempt to have BarReview at bars otherthan Buddhist andBiltmore. Sure, it may be a disaster,but so was the first voyageof the Titanic, and look whatwe got out of that: a super awesomemovie. ANG is sure thatSBA’s reasoning was somethingalong these lines.


Friday, 5 October 2007<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong> Student Life 3SBA Notebook:Foxfield, Dean Search, Fall BreakBrian Leung ’08SBA PresidentWell, chances are that most ofyou are out frolicking about alreadyon your Fall Break. Whetheryou are taking this time to outlinefor your upcoming midterm,or travelling about the countrydoing some interviewing, or justenjoying your few days off withfriends and family, the SBA hopesyou have a safe and enjoyablebreak.For those of you who couldn’tmake it, or for those of you whoattended but don’t remember,Foxfield was phenomenal thisyear. The weather was definitelythe best we’ve had in at leastthree years, ice was plentiful, andsome 1Ls brought a cornhole set.You can’t ask for too much more,really. When you see them in thehallways, take a moment andthank the members of First YearCouncil for putting together agreat time for everyone.As you all already know, this isDean Jeffries’ final year as deanhere. (I got in a discussion yesterdaywith members of the FowlerSociety about the use of the apostrophe+ s when a person’s nameends with an -s already. We knowthat there is no -s only when thename is a major religious figuresuch as Jesus’ or Moses’, but thenthat led us to the question of Jeffries’vs. Jeffries’s. I maintain thatit should be the former, dependingon your religion. But I digress.Terribly.)Ahem. Like I was saying, thisis Dean Jeffries’(s) final year asdean here, which means that thenational dean search is on. Nonames have been released as towho the major candidates are—indeed, they have not yet reachedthe phase of narrowing it down toa short list. As you already know,Professor Liz Magill is chairingthe dean search committee. Shehas expressed great interest inreceiving student input on thematter, whether in the form ofreceiving actual names or receivingcomments and suggestions onthe process as a whole or specificideal characteristics studentswant to see in their dean. If youhave any suggestions, please getin touch with Professor Magill(mem2a@virginia.edu), BeckyMroz, the student member of thecommittee (rlw7c@virginia.edu),or myself (leung@virginia.edu).We will make sure your commentsare passed along and takenunder consideration.I apologize that this Notebookis lacking my usual (nonexistent)wit and humor. It’s been afew weeks since I’ve written oneof these bad boys, and contraryto what people may think, thiskind of stuff requires some majoreffort. I will spend this FallBreak writing up dummy SBANotebooks as practice, and willcome back after Fall Break witha bang, I promise. (Alternatively,Jerry Parker will write the nextNotebook and I just won’t have tosweat it.)In any event, just becausenext week is Fall Break does notmean that the SBA will be takingany time off. We will be workingthroughout the week to puttogether some great things forwhen you return, including a BarExam Presentation for 3Ls (Monday,October 15), the annual FallPicnic (Wednesday, October 17),and the 3L Bonfire (Thursday, October18). So get excited, becausewe’re continuing in the theme ofthe year—success.


4 Columns<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong>Friday, 5 October 2007I like having fun as much as thenext gal. I mean, why else do youthink I ended up at UVA? It’s notStefanie Kim ’08Columnistbecause I found aone-bedroom for$500 a month.Nor is it becausemy aunt lives really close to Dullesand lets me leave my car in her garageover the summer. And it’s certainlynot because Harvard abandonedme in the purgatory of falsehope that is their wait list. I camehere because people described itas “laid back” and “anti-intellectual”and “a frat party.” After fouryears of literature classes in whichpeople would inexplicably put parenthesesin the middle of w(or)ds,and use the phrase “thingness” todescribe . . . well, things, I decidedI’d had enough snooty pretensionto last me a lifetime.And I’ll be damned if UVA Lawdidn’t deliver on that promise.Here I’ve found openly expressedskepticism toward those who claimto find subject matter jurisdiction“interesting.” There are not-sosubtleglares directed at studentswho actually want to learn outsidethe confines of class time and seemto think that there’s nothing wrongwith asking questions during LaptopClosing Time—or even worse,who feel that it’s appropriate to tellThe three Duke lacrosse playersaccused of rape last year (the “DukeThree”) and the six young menAndy Howlett ’10Columnistfrom Jena, Louisianawho are beingprosecutedfor their role ina schoolyardfight (the now famous “Jena Six”)are from the most different backgroundsimaginable, yet they haveone thing in common. The mostvexing issue for both parties wasn’ta question of guilt or innocence, butrather one of criminal procedure. Itwasn’t so much the impending judgmentitself, but rather, der Process,as Franz Kafka would have put it,that eventually turned lives upsidedown,subverted reasonable andconventional notions of justice, andthreatened to serve the defendantswith categorically unfair results.I am not suggesting that the factsof the two cases are substantially thesame—they are, of course, quite different.The Duke Three were whitelacrosse players harpooned andrace-baited by an overzealous DA onevidence that was circumstantial atbest. And it was a different type ofrace-baiting, overzealous DA thatrailroaded the all-black Jena Six ontrumped up charges involving thebeating up of a white student in anevent that must be seen as one in aseries of racial incidents to whichthe local government expressedgrossly uneven responses.Thus, some might argue, therecannot be any meaningful comparisonbetween the two cases becauseof a fundamental difference at thefactual level: the Duke Three werecompletely innocent, whereas itseems reasonably clear that the JenaSix were guilty of something (though,hopefully, not the second-degree attemptedmurder with which theywere originally charged). But, actually,looking the right way at theJena Six and the Duke Three tells us3L + Library = Utter, Utter Chaospersonal anecdotes in class, effectivelycutting into time that couldbe better spent under the dusky barlights at Buddhist.When I’m not beating up peoplewho have infuriatingly preservedthe ability to care about things, I doa lot of pondering. In the past coupleof weeks, as I have observed myfellow 3Ls golfing, drinking, andtanning, I can’t help but wonderwhether the easygoing vibe here isa reflection of harmless intellectualapathy, or of something much moresinister. Maybe we aren’t that laidback. Maybe we’re just desperate toappear that way, and threatened bythose who aren’t.Take, for example, the fact that Istill read for class. I know, and that’snot all. The reason I read for class isbecause I still go to class. Yes, I’m a3L with a job offer, and that’s notthe craziest part—I read for classin the LIBRARY. Maybe this doesn’tsound like that big of a deal. Afterall, on any given night you can finda number of future lawyers dutifullystudying the intricacies of the taxcode, and even some undergradsdutifully studying the intricacies ofI Know Why The Caged Bird Sings.(It’s funny to make fun of them becausethey don’t read law books!)But stick a 3L in the stacks, and allhell breaks loose.What are you doing in the library,your fully mellowed outpeers demand to know. Why aren’tThe Duke Three and the Jena Six: A Picture of the American Criminal Justice Systema lot about the criminal justice systemin America, particularly that theaccused’s access to justice—in thebroadest sense of the word—still dependstoo greatly on where he lives,how much money he has, and, ofcourse, the color of his skin.Take the Duke Three. A high-profilecase from the minute that theCrystal Mangum lodged the falserape accusation, there was, predictably,public outrage, racial tension,and a media frenzy, which all camestacked against the Duke Three. Asa result, these three young men hadtheir lives turned upside down, theirreputations sullied, and their futuresthrown into doubt.But the defendants were in a positionnot only to give themselvesthe best possible defense againstthe fraudulent charges, but also toeffect a massive shift in the publicperception. A crack legal team wasassembled at great financial cost.One of the best was the late KirkOsborne, a high profile criminal defenseattorney who wasted no timein asserting an aggressive defenseon behalf of Reade Seligmann (oneof the Duke Three), correctly impugningDA Mike Nifong as a votegrabbingopportunist attacking thelacrosse players with fraudulent evidenceand trumped-up charges. Justas important, Osborne audaciouslymade Seligmann’s defense public,which played a key role in winningthe media battle. These successescannot completely alleviate whatthe criminal process did to the boys,but go a long way towards thatend: the charges against them weredropped and the Duke Three have sofar initiated two civil suits for damagesresulting from the false accusations,one against Duke, which wassettled, and one against the City ofDurham, which will likely be settledsoon.)By contrast there was, until recently,fairly little media coverageof the Jena Six case. Due to spaceconstraints, I will not go into the circumstancesthat led up to six youngyou golfing and drinking and tanning?I use this pitching wedge toopen bottles of beer, and also toapply Banana Boat between myshoulder blades. There is a senseof urgency in their voices, a jaggeddesperation.Now I am beginning to understand.It’s not that we are naturallydrawn to a laidback environment,but rather that we force each otherto conform to a “play hard and forthe love of God hide the fact thatyou actually do work” agenda. Oh,you didn’t read at all and you weredrunk during finals and now fourfirms want you to start as a thirdyear associate? How weird. Hmm,that is so weird. The incongruityof these facts is forcing me to drawthe conclusion that not only areyou brilliant, you are also totallychill.Why is it that everyone else getsso riled up seeing me in the library?I’m okay with the fact that I like tomaintain the semblance of beinga student, if only to imbue my lifewith a deluded sense of structureand meaning. But strangely, theyare not. Why do they get so upsetupon discovering that I’ve goneahead and removed the shrinkwrapfrom my books? Is it becausethey’re worried I may want toswitch classes later, only to findmyself trapped by the shrinkwrapprovisions of the bookstore returnpolicy? Perhaps. But unlikely.black men getting into a scufflewith one of their white classmates,though the context is, undoubtedly,significant. For our purposes,though, what really matters is derProcess leveled against the Jena Six.The initial charge of second-degreeattempted murder was onlyslightly more ridiculous than thecharges that the DA, John Walters,settled on, including aggravatedsecond-degree battery, which requiresthe use of a “deadly weapon.”Walters argued that sneakers thatMychal Bell, one of the defendants,whose conviction was recently overturnedon a technicality, was wearingconstituted such a weapon. Forsome baffling reason his court-appointedpublic defender, who apparentlywas urging Bell to acceptplea bargains throughout the trialand called no witnesses, did little todispute the argument. The jury acceptedthis rationale and convictedBell.Of course, now there is a gooddeal of public outrage over the JenaSix, and Bell has gotten new lawyersthat were able to vacate the judgment.He awaits retrial; this timeas a juvenile. In the meantime, fourother members of the Jena Six stillface aggravated second-degree batterycharges. The scary thing, ofcourse, is the prospect that the Jenaincidents aren’t an anomaly, butrather just the most apparent exampleof the power that vestiges of JimCrow and separate but equal accessto the law still hold in the AmericanSouth.Why, then, were the Duke lacrosseplayers able to succeed in their legalstruggle? Because they were innocent?Only partially. It’s also becausethey the means to defend themselves.By contrast, why, recent developmentsaside, have the Jena Sixhad such little luck? Because theylacked the same means. If Bell andthe rest of the Jena Six could havehad Osborne as a lawyer, is thereany real doubt that they would allbe getting the equal justice that theyIt’s time we cast off the shacklesof secret studying and embraceour collective neuroses. Who caresif you still care? Who cares if youdon’t? Let us come together in harmony,and stop forcing each otherdeserved? Conversely, if Seligmannhad enjoyed the services of Bell’spublic defender, who can say that hewouldn’t be sitting in a North Carolinastate penitentiary right now?One of the reasons that I wrotethis column was as a sort of responseto my conservative friends who werequick to point out what they believethe main lesson of the two casesviewed in tandem ought to be: politicalcorrectness first cutting againstthe innocent Duke Three and thenphoto courtesy of Alison Mueller ’09The hallowed halls of Arthur J. Morris Law Library.to abide by unspoken codes of pretendapathy. If printing out a syllabushelps to assuage my CatholicAsian overachiever guilt, thenWBLab2, here I come.Email: sk3yp@virginia.eduphotos courtesy of wikipedia.org and newsobserver.comAbove: Al Sharpton leads protesters marching in Jena, Louisiana.Below: David Evans speaks before a crowd in Durham, North Carolina.in favor, now, at least, of the guilty(of something) Jena Six. The truthis that the real difference is themeans to defend oneself in bothcases. It’s something that the DukeThree—privileged, well-connected,and white—had, and that the JenaSix—poor, initially ignored, andblack—didn’t. It is a distinction thatspeaks volumes about equality underthe law and the criminal justicesystem in America today.Email: ah8gu@virginia.edu


Friday, 5 October 2007Ryan Dougherty ’09Associate Reviews EditorWhile many of us go to Washington,D.C. to visit friends, family,and firms, this fall there are threeother very good reasons to makethe trek. All three are located in oneplace conveniently adjacent to theWhite House. This fall the CorcoranGallery of Art is hosting threegreat exhibitions, which is quitean accomplishment for a museumthat is often overlooked because itis not part of the Smithsonian.Located at 17th and E Streets,the Corcoran, which also housesan art school, is actually the oldestmuseum in the city. Recently in thenews more for its funding troublesthan for its exhibitions, this fall’sslate of shows should put the museumback on the map.The first show, Ansel Adams, isopen now, convenient for thoseheading to D.C. over Fall Break.Known primarily for his black andwhite photographs of the westernAmerican landscape, Adams is perhapsthe most famous Americanphotographer thanks to the vastnumber of posters, calendars, andcoffee-table books that include hisworks. The opportunity to see somany of his works in person andin one place should not be missed.Here, we can see what is so oftenmissed in the poster and calendarreproductions of his photographs:the size and scale of the finishedphotographs as Adams originallyintended.I saw an earlier incarnation ofthis show at the Museum of ModernArt and was struck by the rangeof his work. While I was impressedby the expected photographs ofYosemite National Park and barrendesert cemeteries, I also saw theunexpected, such as a New Yorkcityscape and a delicate, crystallinetree covered in a winter frost.Like many other popular artists,such as Dali, Monet and Van Gogh,there is much more to Adams thanpretty calendars. This show is thechance to see this Ansel Adams.While Adams is no doubt themost popular American landscapephotographer, Annie Leibovitz isprobably the best-known Americanportrait photographer. Openingon October 13, Annie Leibovitz:A Photographer’s Life, 1990-2005 isthe sequel to the 1991 show thatfocused on her career from 1970-1990. As an acclaimed portraitist,Leibovitz is able to add somethingspecial to her photographs of eventhe most ubiquitous celebrities. Indeed,this is the special gift of theportrait photographer.However, what struck me fromthe catalog was the intensely personalside of this show. Leibovitzhas photographed the most famouspeople in the world, but theshow also focuses on intimate portraitsof herself,her family, andher recently deceasedpartner,Susan Sontag.N e v e r t h e l e s s ,what will attractmost visitorsare Leibovitz’sportraits of celebritiesoften inartistic, yet intimateposes, likeher famous photographof JohnLennon and YokoOno lying nakedin bed.Perhaps themost interestingparts of going tothis show will bethe opportunitiesto compare andcontrast it withthe Adams show,and to considerthe challengesthat faced these<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong> Reviews 5Something Else to Do in D.C. During Your Callbackphoto courtesy of anseladams.comAnsel Adams, "Monolith: The Face of Half Dome"two photographers who chose suchdifferent subjects. While Adams isknown for his precision and dedicationto finding the shot, Leibovitzis almost the opposite in her abilityto make celebrities feel comfortableand disarmed in front of hercamera, thus giving many of herphotographs a feel of spontaneity.Regardless of which approach onefinds more attractive, this is a singularopportunity to see both artistsin one place at one time.Although the Adams and Leibovtizexhibitions stand as celebrationsof these two artists, thethird show—Wild Choir: CinematicPortraits by Jeremy Blake—is moretragic. Blake, a young video artist,recently took his own life in NewYork just one week after his longtimegirlfriend did the same. Thisshow, which opens on October 27and was planned well in advanceof the artist’s death, is now a posthumoustribute to an artist whowas just reaching his peak.In addition to critical successin the art world, Blake had alsoachieved popular success. He designedan album cover for Beckand the opening sequence for theAdam Sandler film Punch DrunkLove. Although he produced a fewseries of abstract paintings, he isbest known for the videos he madefor plasma-screen televisions. Earlyin his career these works werecompletely abstract: vividly coloredforms moving and morphingover a long period of time. Takingadvantage of the fact that plasmatelevisions can hang on the walllike paintings, these works weredesigned to be moving paintings.His later works, however, becamemore narrative and blendedthe abstract with representationalimages, like photographs, intovideo collages. For example, hisReading Ossie Clark depicts the tormentedlife and times of the Britishfashion designer using Blake’s abstractdesigns, words from Clark’sdiary, and an assortment of otherimages that correspond to excerptsphoto courtesy of jssgallery.orgWashington’s Corcoran Gallery hosts temporary exhibits and boasts an impressive permanent collection.from his diary that are read aloudby a female narrator.Although I am not really a fanof contemporary forms of art likevideo, Blake’s work mixes abstractpainting with video in a trulyunique way that captivates me.This show should give us the opportunityto see several of his mostpopular works, and a chance to reflecton what could have been.In all, the Corcoran Gallery ofArt gives us a look into the worksof three very different artists.Whatever the viewer’s preferences,one is sure to find something thatpleases. At less than two hoursaway, this is great opportunity tosee a number of exhibits that maynot be this accessible for sometime.Do you like to eat, drink, listen to music, watch movies, and goto local events?Do you think your opinion is more important than your peers’?If so, then write for Law Weekly Reviews.We need reviewers to write on any number of different areas ofinterest to the Law School community.If interested, e-mail lawweeklyreviews@gmail.com.Title SummaryProCon GradeC’ville EventMarket Value Competition;Friday October5, 5:30-8:30; www.marketvaluecompetition.orgThe City of Charlottesville has sponsoreda competition for innovative plansto develop the two surface parking lotson Water Street just south of the DowntownMall. The competition openedin late June and will culminate withawards and a reception at the CharlottesvilleCommunity Design Center (101E. Main Street).C’ville is brimming with architects,making this a greatopporutinty to meet some ofour city’s professionals andlearn about the mixed-use andsustainable design conceptsthat have started to receive awarm embrace from traditionalbuilders. The projects willbe unveiled at a “reception,”which implies the availabilityof cocktails.The Friday before fall breakis tough but the entries willbe on display until October29. Also, Architecture Peoplemake the Book People fromlast spring look downrightmainstream. Bring your plasticframe glasses, black turtleneck,and this month’s copyof Dwell magazine to blend inwith the creative types.ASportsMLB League ChampionshipSeries; startingThursday, October11; TBS and FOXThe Division Series winners matchup for the right to advance to the WorldSeries. The Yankees-Indians winnerwill take on the Red Sox-Angels winnerin the ALCS. The NLCS will feature theCubs-Diamondbacks winner against eitherthe Rockies or Phillies. The Mets, ifyou haven’t heard, will be at home.This year’s possible entrantsbring great stories. Can the Rockiessustain their stretch of .900baseball long enough to reachthe World Series? Will the Cubswin their first NL pennant since1945? Will the Red Sox recoverfrom their late season swoon?Can A-Rod join Peyton Manningin shaking off terrible post-seasonperformances of years past?Playoff baseball takes forever,with teams treating eachpitching conference like a nucleardisarmament talk. Withgames usually starting after8pm, expect to stay up pastmidnight to watch the conclusionof several games. If theCubs and Red Sox advance,expect the Fox Hype Machineto enter hyperdrive.B


6 The Back Page<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong>Friday, 5 October 2007The following account of thispast weekend’s Foxfield Racesis a true story. Names have beenDan Balserak ’08Columns Editorchanged to protector frame theinnocent or theguilty.8:15 a.m.: I am running aroundlike an idiot on a soccer field witha handful of other law studentswho are equally bitter about beingon a soccer field at 8:15 in themorning on the day of Foxfield. Itoccurs to me that I have stumbledupon a cutting edge method ofpregaming: getting as dehydratedas humanly possible.10:32 a.m.: The cold showerdid not take and I am still sweatingprofusely. I drink my first beerof the day. The effect is immediate;it may as well have been administeredintravenously. I beginto worry about sweating so much,which makes me nervous, whichcauses me to sweat more. I hugunsuspecting bystanders in thehopes that their clothes will takesome of the brunt. It is effective.I say, hey man, I think you justspilled some of yourbeer on yourself whenwe hugged. Here is apaper towel.11:26 a.m.: A groupof 2Ls and I form acircle and pass a bottleof champagne aroundwhile waiting to boardthe bus. It’s André, extradry. We are extrasweet.11:45 a.m.: I arriveat Foxfield. Myfriends are playingbocce while free-stylingabout The Fastand the Furious: TokyoDrift. Their pregamingtechnique seemsto have been more cuttingedge than mine.12:01 p.m.: I amengaged in a futilephone conversationin an attempt to tellMoonbeam and a visitingfriend from collegewhere I am. Do not tryto use the giant orangedumpsters as landmarks:there are apparentlya lot of them.12:12 p.m.: UponI Went to Foxfield and All I Got WasDrunk and Mildly Injuredour eventual rendezvous, Moonbeampromptly delivers a roundhousekick to my stomach. I amunfazed. At later points in the day,my shirt will be further sullied bymultiple unprovoked, blind-sidetackles and eventually torn agapeat the armpit. I do not considerany of this to be cause to take myshirt off, which for everyone isthe real surprise of the day.1:20 p.m.: I see a horse. Everyonesees a horse. Stop sayingyou did not see a horse. They areenormous animals, and they areright there.2:52 p.m.: Anna Pavlova’s basicmotor functions and sense ofpropriety appear to be in declineas she throws her arms in the airand elatedly tells a friend, “Let’spee!”3:27 p.m.: I try to put backspinon a bocce toss and hit myself inthe forehead with it.3:43 p.m.: I am holding a footballand Blatt runs a quick out. Mythrow is more like a Hail Mary,and it hits a girl in what appearsfrom a distance to be her face. Ihide behind a trash can. My earlierevaluation of Anna’s motorskills may have been hubris.4:17 p.m.: I arrive at 2001 Ivyfor the afterparty. Refusing towait for the pizza to arrive, I crossthe street to 7-Eleven and buy abratwurst.4:19 p.m.: Did I pay for that?Did I eat it or rub it on my face??My back hurts!4:49 p.m.: Flauaus is holdinga tin of Skoal in his hand andinadvertently clocks me in theforehead with it. What dip lacksin its ability to cause second-handcancer, it makes up for in its effectivenessas a bludgeoning instrument.I am fazed.5:21 p.m.: There are severalfootballs being thrown aroundthe yard. DZA, broken foot andall, takes off at a dead sprint andpiledrives Blatt into the ground.From his back Blatt screams “Bro,don’t tackle me!” Several peoplenote how disproportionatelylarge his arms are.5:22 p.m.: Naomi is puntinga football into the crowd by thekegs, and they keep on givingthe ball back. That doesn’t seemsmart of them.6:41 p.m.: The pizza arrives.Momma Wilson goes and retrievesseveral boxes for a groupPictured, from left to right: happy, about to tackle cameraman, happy, happy.CRYPT-O-QUOTE_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _I U G A T S X H G C F S K I U G D S T H R B L P P S I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _A S F F E X H V X G F S H Z G R X V F M G A I E B F S T_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B V P E B F D U S F G U S T E W S P F L T G H E C E I G R_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _X V I U G S X Z E S O F T G L H E I E G F D G P G G R_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _C G P D U S B L P R T G L C S K I U E P J F I U L I_ _ _ _ _ _ _ _ _ .P G Z G T D G T G- _ _ _ _ _ . _ _ _ _ _ _ _Q S U P K M G P P G R Vof us sitting on the hill on thefar side of the yard. A 1L sneaksover, steals a box, and runs away,spilling half the contents on theground. He makes the talkinghandgesture at us when we yellat him. This is going to come backto bite you, buddy.7:20 p.m.: A 3L male berates anunidentified male for wearing aVirginia Tech hat. There is chestthumping.8:01 p.m.: Naomi, perhapsfalsely believing there to be aslip-n-slide in the yard, removeshis shirt, runs full speed down thehill, and belly-flops on the grass.He realizes that grass is not somuch like a slip-n-slide and morelike a thud-n-stay.9:15 p.m.: A circle gathersaround Ribeye and chants hisname while he dances his heartout. His dance consists mostlyof vigorously waving one fingerback and forth in the air. I makenote of the move and file it awayfor future use.10:05 pm: Time to go. I call myfriend at Harvard and mock himand his miserable life. He sure ashell didn’t see any horses today.Email: deb7d@virginia.eduphoto courtesy of Marissa Jenkins ’09faculty quotesR. Harmon: “The problem withdealing drugs is that you deal withother drug dealers. That’s bad.Better to be in a business where youdeal with honest people. None ofyou will be in such a business.”J. Gibson: [talking about TheGreatest American Hero] “This is astory about a young teacher, likeme, who got an alien super-suit thatgave him special powers, also likeme, to go out and do good in theworld… not so much like me there,though.”G. Mitchell: “Please continue, Idon’t want this love train we’re on toend by giving one of these flunkiesthe chance to answer.”M. Klarman: “I’ve been doing alot of research in the archives andI can only conclude John Marshallwould have been a Red Sox fan.Unfortunately, I have to tell you thatRoger Taney, author of Dred Scott,would have been a Yankees fan.”C. Sprigman: “I like squirrels.Not as animals, but as food. A treatfor my kids.”G. Mitchell: “What do you careabout fairness? You are going to bea lawyer…You don’t want to be fair;you want to not screw things up!”K. Kordana: “If necessary, wecould probably beat off the Canadianmasses.”G. Rutherglen: [discussing whereto bring a tort claim that happenedin Columbia] “Of course you canget jurisdiction in Miami; it’s wellknown that Miami is the capital ofLatin America.”M. Collins: “The plaintiff’s causeof action is a federal cause of actionin drag. It might look like one thing,but it’s really another.”J. Gibson: “I might be datingmyself by using this example, but…no one else will date me.”J. Gibson: “How much is this beltbuckle selling for?”Student: “$200 to $6,000.”J. Gibson: “If you’re just trying tohold up your pants, you’re generallynot paying six large.”Student: “I think the ageof consent you used is unfair.”[referring to a hypothetical involvinga 17-year-old and a 21-year-old]K. Forde-Mazrui: “You mean...you like ’em young?”

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