Race Judicata - Virginia Law Weekly

2 News & FeaturesVIRGINIA LAW WEEKLYFriday, 21 March 2008► BAKERcontinued from page 1Congress Scores Political Points atExpense of Federalismwhich the nation was founded.“What happens when you havewide-scale, broad federal law enforcementis you have an enforcementof a particular [national]“Almost allpoliticians endup being formore federalcrimes. Congresshas a completeinabilityto vote againstsubstantivecriminal law.”-Professor Darryl Brownmoral code” that cuts against federalism,Baker said.Abandoning local and statesovereignty in this manner underminesthe principles that haveSean ConwayExecutive EditorMichael WarnerColumns EditorRyan DoughertyReviews EditorMike LecarozBusiness EditorNick NelsonAssociate Photography EditorContributors:Columnists:Reviewers:Craig SmithEditor-in-ChiefAllison MuthManaging EditorRogan NunnNews Editorallowed the “people of Massachusettsand the people of Georgia [to]live together in the same country,”Baker said, tongue only slightly incheek.Professor Darryl Brown, on handto rebut Baker, did just a little rebutting,agreeing generally withmuch of Baker’s assessment regardingthe expansive reach of federallaw but “quibbling with somenuances” on a few issues. The culprits,both agreed, have been legislatorswho find it difficult to voteagainst tough, politically popularmeasures.“Almost all politicians end upbeing for more federal crimes,”Brown said. “Congress has a completeinability to vote against substantivecriminal law.”But Brown was quick to addthat, despite Congress’s inabilityto restrain legislation, “they have apretty good ability to limit enforcementresources.” Thus Congress’s“congenital weakness to votingagainst crime” is balanced out bytheir “taking back with the otherhand” through the limitation of enforcementresources, Brown said.“So the expansion of crimes mightnot be as threatening as it looks onthe books.”Still, Brown conceded, “It’s notcomforting if you’re one of those20 kids who gets prosecuted for[music] piracy . . . or misusingSmokey the Bear.”VirginiaLaw WeeklyCOLOPHONNeal HayesProduction EditorDipti RamnarainFeatures EditorNick NelsonWeb EditorPublished weekly on Friday except during holiday and examination periods and serving theLaw School community at the University of Virginia, the Virginia Law Weekly (ISSN 0042-661X) is notan official publication of the University and does not necessarily express the views of the University.Any article appearing herein may be reproduced provided that credit is given to both the Virginia LawWeekly and the author of the article. Advanced written permission of the Virginia Law Weekly is alsorequired for reproduction of any cartoon or illustration.Virginia Law Weekly580 Massie RoadUniversity of Virginia School of LawCharlottesville, Virginia 22903-1789Jen GoodlattePhotography EditorSmitha DanteAssociate News EditorMishima Alam, Katherine Demamiel, Samson Habte,Alec ZadekNatalie Blazer, Andy Howlett, Stefanie Kim,Chris Langbein, Klinton Miyao, Ryan QuillianKara Allen, Brian ChanPhone: 434.924.3070Fax: 434.924.7536editor@lawweekly.orgwww.lawweekly.orgEDITORIAL POLICY: The Virginia Law Weekly publishes letters and columns of interest to the LawSchool 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 bearthe name, signature, and title of the person authorizing the submission. 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Although every effort is made to publish all materials meeting ourguidelines, we regret that not all submissions received can be published.Katherine Demamiel ’10ContributorLaw Weekly Through the Decades:1958-1967[Editor’s Note: The VirginiaLaw Weekly, founded in 1948, isenjoying its 60th year of publication.This is the second in a seriesof six articles looking back at theevents, milestones, controversies,and student life chronicled in theLaw Weekly’s pages.]Looking back at the seconddecade after the founding of theVirginia Law Weekly, one noticesstriking similarities and differenceswith the institution we callhome (or that damn hellhole youcan’t make me go back to, dependingon how close it is to finals).Caplin, Spies, and Dillardweren’t just names on the wallsbut professors in the halls. Menstill outnumbered women, althoughthe paltry sixty-forty ratiotoday pales in comparison: in1966, the school saw its highestfemale enrollment to date, with 8females out of 247 students.The extended wait for gradesstill perplexed and frustratedmost students, although insteadof the constant furtive ISISchecks, students were “bulletinboard hopping” weeks into thespring semester. The first danceof the year in 1958 was held atFry’s Spring Beach Club, a circustheme with decorations providedby the Virginia Law Wives’ Club.Incredibly, the Law School waspermitted to hold that event atthe same location several yearsin a row. Remarkable.Parking was still a major issue,with one letter to the editor in1965 lamenting the fate of firstandsecond-year students whodid not have a “chauffer servicein a wife” to take and pick themup from classes on main grounds.Second- and third-years were► RACEcontinued from page 1the only ones even given parkingpasses, and in 1959, secondyearparking privileges were restrictedto weekdays after noon.There was even the suggestionof allotting parking places basedon GPA. The lesson here may be:first-years, don’t complain abouthaving to walk “all the way fromthe blue lot” to get to class andsecond- and third-years, maybeit is time to start campaigning forregressive parking reform.Given that the school was stillpredominantly male, footballwas the sport of the decade,with the editors of Law Weeklyconsistently trouncing the editorsof Law Review in the yearlyrivalry game. However, softballwas staging a coup as 1958 saw acall for the renewal of the annualstudent-faculty softball tournament.The largest female presenceon the law school groundsseemed to be the Virginia LawWives’ Club, which held an annualfashion show that, in 1965,featured “futuristic” designs including“hemlines inches abovethe knee.”The Law Weekly’s second decadealso saw a revolution intechnology and modernizationfor the Law School. Those airconditionedclassrooms lobbiedfor in 1956 were finally addedin 1961, along with a new thirdfloor for Clark Hall. The additionincluded a fully air-conditionedfaculty lounge, although the studentlounge remained in the lesstemperature controlled basementof the hall, where studentswere apparently so lax aboutcleaning up after themselves thatthe Law Weekly staff resorted towriting “letters to the editor” inthe voice of Horace the Cockroach,thanking students wholeft their lunches for him and hisfamily members to munch on. In1962 the head librarian attendeda meeting to assess the workabilityof a “computer-like” machinedesigned to index and retrievewhole bodies of legal information,and in 1964, the law libraryobtained its first Xerox machine.With Libel Show this week, theshow’s ’60s flair deserves mentionas well. Up to this point, theLibel Show was still put on byPhi Delta Phi, the largest legalfraternity at UVA, and was thereforestill all male. At the time, theshow focused much more on thefoibles of professors, so much sothat in 1959, Professor Gregoryactually “picketed” Libel Showrehearsals with a sign proclaimingthe “unfair” nature of theshow. The show did, however,experience a change in 1962, thefirst year it was performed as amusical.Speakers at the Law School includedformer President HarryS. Truman and Robert Kennedy,who spoke to the school abouthis role as chief counsel for theSenate Select Committee on ImproperLabor and ManagementActivities. (No reports could befound on whether he was weirdedout by that freaky eyelessbronze bust of him in the law library.)In 1959, the Virginia LawReview featured three articlesby E. Barrett Prettyman, a judgeon the U.S. Court of Appeals forthe D.C. Circuit, a UVA graduate,and owner of the decade’s sweetestname.What the next decade holds forthe Law School and the VirginiaLaw Weekly is anyone’s guess. Actually,it is probably not much ofa mystery, and if you just cannotwait until next week, go bug ProfessorStephan, class of 1977, orthat Jeffries guy, class of 1973.Challenge Issued to Sprigman: Lose the Bikeship, friendship, and support tounderprivileged children. Manyvolunteers brought their “littlesiblings” to the race to cheer therunners on during the latter stagesof the course when encouragementwas needed the most.The top male finisher was second-yearMike Dolan and the topfemale finisher, Heather McMillan,came from outside the LawSchool’s ranks. Prizes also wentto the top male and female finishersin each class.Runners were impressed by thebeautiful weather and the dedicationof all the students whosacrificed a Saturday morning ofsleeping in to come out and run acharity 5K. One runner commentedthat the hills on the trail madeit “very challenging.” The last legof the race, on the Rivanna Trail,was completely uphill, an intimidatingfinish to an already toughup-and-down course. It was sotough, in fact, that people werepositioned on the course to ensurethat the runners didn’t getoff track.The race’s three organizerswere thrilled by the turnout.“The weather was perfect andeverybody had a lot of fun,” Weisnersaid. She also praised thefifteen or so volunteers as “amazing.”Second-year Pamela McElroysaid that organizing the race hasinspired her to take up running inpreparation for next year. FirstyearCasey Fitzmaurice felt that agood goal for next year is increasingthe faculty and staff turnout.In what can only be viewed asthrowing down the gauntlet, sheclaimed that Professor Sprigmanwould have had the faculty prize“all locked up” if he had participated.The event went off smoothlyas ABLE volunteers appearedvery well-organized. Due to thediligence of organizers and volunteersalike, the runners allenjoyed themselves regardlessof their race times. Various sponsorsthroughout the communitydonated gift certificates andprizes so that no runner wenthome empty-handed. But whatimpressed runners the most wasthe overall strength of the fieldand the competitiveness of theparticipants.As first-year Ben Bryant putit, “I didn’t realize that I wentto school with so many talentedrunners.”Race Judicata WinnersOverall Male: Mike DolanOverall Female: Heather McMillan3Ls: Rebecca Brown andJustin Ross2Ls: Christina Zaroulis andMike Dolan1Ls: Lisa Miller and Joey Cohen