2 News<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong>Friday, 13 February 2009Congratulations to thenew editorial board of theVirginia Law WeeklyEditor-in-ChiefAllen AbramsExecutive EditorSmitha DanteManaging EditorDipti RamnarainNews EditorAndy HowlettColumns EditorTom SeiderWeb EditorNeal HayesFeatures EditorGary LawkowskiReviews EditorKara Allen► ELECTIONScontinued from page 1New SBA Exec Board Plans to Improve Job Search Processthe interests of my fellow classmates,”said Rosenthal.He named the economy, andits effect on the legal job market,as the most urgent issue he plansto address. “During the transition,I will work closely with CareerServices, the Public ServiceCenter, and the current SBA ExecutiveBoard to determine waysto provide more resources forstudents at all stages of their jobsearch,” promised Rosenthal.The President-elect suggestedthat the SBA will need to workwith students to explore employmentopportunities outside ofOGI, although he did not offerspecific initiatives that he willpursue.Rosenthal will officially becomeSBA President on March1, although he was quick to notethat this will not change hisspring break plans. “Ha! Alas no,I am still planning on spendingthe week in Durham, NC as partof the Alternative Spring Breakpro bono project.”“I think Dan will do a great jobas SBA President,” said currentSBA President Ryan Quillian.“He has put a lot of thought intowhat he wants to accomplish inthe next year, and he definitelyhas the ability to work with studentsand faculty to achieve hisgoals.”Although Rosenthal won in alandslide, the results of the Vice-Presidential race were much closer,as Roland Chang garnered lessthan 53 percent of the popularvote to defeat Dallas Kaplan.Chang, a second-year, is originallyfrom San Francisco andearned his undergraduate degreefrom University of California,San Diego. Chang also ranon a platform of improving thejob search process, suggestingthe creation of a centralized databasesortable by class rank andemployment placement. He alsoincluded increasing public serviceopportunities and pushingfor greater diversity as amonghis goals for the coming yearduring last week’s SBA ExecutiveBoard Debate.Results for the Treasurer andSecretary positions may or maynot have been close. According tocurrent SBA Vice-President StephFier, it is SBA policy not to disclosepercentage results for writeincandidates. However, the SBAdid release the write-in winnersfor both of these positions. Firstyears Natalie Ronollo and LaurenPrieb were elected Treasurer andSecretary, respectively.Ronollo hails from Vienna, Virginiaand attended the Collegeof William and Mary. While shehas not yet decided which issuethe new Executive Board shouldaddress first, she did say that shehas some ideas for the alwayscontentious parking situation.Prieb is originally from Phoenixand attended Arizona StateUniversity where she majoredin English. She cited a desire tobecome more of an active participantin this community as herreason for running. “The bestpart of the job will be workingwith the other great SBA folkswho care about the school.”Rogan Nunn, News Editor, contributedto the reporting of thisstory.Associate Production EditorMary NiemannAssociate Columns EditorMatt FarmerSean ConwayExecutive EditorMichael WarnerColumns EditorRyan DoughertyReviews EditorAllen AbramsBusiness EditorMary NiemannAssociate Production EditorContributors:Columnists:Craig SmithEditor-in-ChiefAllison MuthManaging EditorRogan NunnNews EditorAssociate Features EditorChris MincherAssociate Reviews EditorJordan FoxVirginiaLaw 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 22903-1789Nick NelsonAssociate Photography EditorAndy Howlett, Gary LawkowskiAndy Howlett, Chris MincherJen GoodlattePhotography EditorSmitha DanteAssociate News EditorPhone: 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. All letters and columns musteither be submitted in hardcopy bearing a handwritten signature along with an electronic version, orbe mailed from the author’s e-mail account. Submissions must be received by 5 p.m. the Monday beforepublication and must be in accordance with the submission guidelines. Letters over 500 words and columnsover 700 words may not be accepted. The Editorial Board reserves the right to edit all submissionsfor length, grammar, and clarity. Although every effort is made to publish all materials meeting ourguidelines, we regret that not all submissions received can be published.► VSCcontinued from page 1Students and Faculty Turn Out to See State JusticesVirginia Supreme Court provides justthat opportunity.She confided that she is a hugebaseball fan and that one of herfavorite moments came when shehad to examine a tort claim arisingfrom someone being hit in the faceby a foul ball at a minor leaguegame in Prince William County.The case allowed her to look at avariety of case law from differentjurisdictions; she ultimately decidedto settle the case on the assumptionof risk doctrine. “I foundthis interesting Ohio case from the1920s,” she said, smiling. “It talkedabout the speed of the ball andthe crack of the bat . . . you sit inthe stands of a baseball game, youknow you’re taking a risk.”Justice Goodwyn spent a goodportion of his time talking aboutthe death penalty and criminalappeals process in Virginia. Heexplained that Virginia maintainsthe death penalty—evenin an era when more and moreBlood Drive!photo by Allen Abrams ’10Virginia Law Women, Network of Enlightened Women, and Women of Colorsponsored the Law School’s Winter Blood Drive on Wednesday, February11 and Thursday, February 12. Veronica Richter ’09 was one of the manypeople who turned out to do good and feel good.states seem to be abolishing it—because the citizens of the Commonwealth,speaking throughtheir elected officials, want it.Justice Goodwyn spent moretime on the unique nature of theappeals process in Virginia. Unlikethe federal system, wherecriminal defendants have appealsas of right, criminal defendantsin the Virginia state system onlyrarely have the “right” to an appeal.Only in the case of a capitaldefendant where the death penaltyhas, in fact, been imposed isan appeal guaranteed. Indeed, inthese situations the Virginia SupremeCourt will review the defendant’scase for certain types oferrors even if the defendant hasnot sought an appeal.Goodwyn also gave some insightinto arguing before the court, explainingto students some of thesubtleties of appellate advocacy. “Alot of times, I am asking you questionsbecause I know [Judge Lemons]has got a problem with whatyou’re saying,” he explained. “I’mgiving you a softball so that youcan explain for me why I am rightabout what you said.”Dean Paul Mahoney gave thewelcome address, noting how fortunatethe Law School was to havethe chance to listen to three of theCommonwealth’s most preeminentjurists. Professor Kent Sinclair, anexpert on the Virginia system whoserves as a reporter for the SupremeCourt of Virginia and teachesa class on “Virginia Practice andProcedure” with a textbook he authored,gave the introduction.Earlier in the week, Sinclair hadexpressed some concern that thethree justices might drive all theway from Richmond to deliver atalk to an empty pavilion. On Monday,Sinclair tacitly acknowledgedto his Virginia Practice class thatthose fears were unfounded as thelecture turned out to be not only anengaging affair, but also an enormouslywell-attended one. Thestrong showing indicates that evenat a nationally-focused law schoollike the University of Virginia, interestin the unique nature of statepractice is substantial.DILLARD FELLOWTRYOUTSfor the Legal Research andWriting Programduring the 2009-10 academicyear.Tryouts are open to all firstand second year studentsand may be completed overa 3-day period.First pick-up day:Friday, January 30, 2009Last turn-in day:Friday, February 27, 2009Pick-up and turn-inlocation and times:WB 348aMonday-Friday8:00-10:30 and 2:00-4:30
Friday, 13 February 2009“Chris,” my friends and familyanxiously pleaded, “when canwe get a personal tour of the LawChris Mincher ’11ColumnistSchool?” Titteringwith anticipation,theytraveled far andwide for an exclusive, up-closeand-personallook at an historicalinstitution of legal learning,the likes of which they couldnever imagine with their ownfeeble minds.That history is tastefully plasteredin portraits on every wall,a virtual Westminster Abbey oflegal genius, with fewer corpsesand more handheld stacksof papers. I’ve been thrilled toshare that proud history with myguests, whether or not I’ve everbothered to read the small blurbsabout who these people are. Forthose also looking for a researchfreeway to show off their school,I provide here a sample tour:We begin in the lobby — butdon’t touch any of the furniture!They’re all fake. Made of cardboardand tissue paper; it’ll allcollapse if used. Let’s head tothe right to our first batch of notables.A strong UVA Law traditionwas once the honorary pair ofgoofily clunky, oversized spectaclespassed from dean to dean,the wearing of which was mandatoryregardless of the officeholder’soptical need. Here, you cansee the famed frames as wornby Monrad Paulsen and EmersonSpies. Paulsen is known forthe “Monrad Doctrine,” creatinga precedent of deans with utterlyridiculous names—furtherdown we see Hardy Dillard, whohelped lay important groundworkin the Doctrine’s establishment.Spies was known for his gaudy,fur-laden haute-couture fashion.He often lectured dressed entirelyas the White Witch from TheChronicles Of Narnia. As legendhas it, Spies would hide in thebushes, twigs glued to his suit inbuffoonish camouflage, beforeambushing squirrels and drowningthem in the fountain to makerobes from their pelts. This areahas since been renamed SpiesGarden.Continuing along, we seeElizabeth Tompkins, the LawSchool’s first female graduate,in 1923. In the 85 years since,as you can see, UVA Law has hadeight other notable female lawyers!We honor their accomplishmentswith small headshots—ifyou look really closely, you mayeven notice the country’s currentHomeland Security director inthere somewhere!—and may oneday add more, provided there isroom amongst the large framedpaintings of white males.On the right, you’ll notice theArthur J. Morris Law Library . .. I actually have not been in there<strong>VIRGINIA</strong> <strong>LAW</strong> <strong>WEEKLY</strong> Columns 3Making UVA Law History More Interesting Through Ignoranceto check it out quite yet. Butacross the hall, take a look at portraitsof William Lile and MonradDoctrine stickler ArmisteadDobie, the so-called “vampiredeans,” so-called because theywere vampires; if you wander bythese paintings at night, the eyesfollow you. At least, that’s whatI believed when I attacked themwith a crucifix and garlic after a46-hour finals study session.The Law School was profoundlyaffected by the ’60s counterculturemovement. Free love andrampant use of hallucinogensreigned across Grounds, includingthe law school, as accuratelycaptured in the Clark Hill murals—betthe guy who climbedthat tree naked is super-embarrassednow! But the school stillupheld Thomas Jefferson’s affinityfor mixing law and religion,as, across the way, we see a depictionof Moses coming downfrom the mountain carrying thenewly revised Federal Rules ofCivil Procedure.We continue into Hunton andWilliams Hall, named for twograduates who went halfsies on aconnecting corridor while other,more devoted donors singlehandedlycoughed up the doughfor entire wings. And, over here,you’ll see where one day I hopeto provide funds for the ChristopherJ. Mincher, Esq. MemorialJanitorial Closet and StorageNook.Let’s head upstairs in SlaughterHall, named after the famousMoot Court Moot Massacre of1874, in which 33 pretend-lawyerwere pretend-jailed on pretend-contemptpretend-charges,later pretending to spend 90 daysin a pretend-jail.Next, we have, ummm, some. . . presidents! Let’s see, JamesGarfield . . . and, uh, ChesterArthur . . . and, hmmm . . .Benjamin Harrison. All proudgraduates of UVA Law! You candouble-check me on that if youwish, but no one has yet. Further,we see Garrard Glenn, anotherproud Monrad Doctrine follower.Glenn was the Law School’s onlywizard dean, known for cacklingby a roaring fireplace in the library,tapping his cane and readingancient texts, giving gunnerpitstudiers predictions abouttheir grades in the form of maddeningriddles.Some trivia for our next portrait:It was returned three timesto the artist with the commentthat “something seems a little off.”Eventually, the responsible artistwas informed about Charles PattersonNash, who shocked the legalworld by doing the previouslyunthinkable—practicing law withonly one arm. For an inspirationalbiopic of Nash’s life, check outA Beautiful Mind. I swear, it’s thesame Nash.And so we head back downstairs.Whew! I’m beat! Let’spause here for a moment at thisopportune place to take a rest,look around, take in the scenery. . . maybe think a little about, Idunno, diversity or something. . . oh, hey! Look at that! JohnCharles Thomas, one of many,many minority graduates thatUVA Law has honored for theirsuccess. We just happened notto walk by all the other ones, butthere are a ton, let me assure you.Yessir, loads. I just don’t knowwhere they are.Rounding the corner into ClayHall, we see Robert Scott, the“boy-wonder dean,” who tookover the helm of UVA Law atage 12. Next to him is ThomasJackson, a pioneer in the field ofmoustache law. Known for struttingthe halls in judicial robesmade of leather, Jackson introduceda school-wide fad of Speedo-sunbathingin Spies Garden.Lastly, out the window, you’ll noticea circle of benches around amemorial to Dean John Jeffries,who was forcefully buried alivethere rather than be allowed toresign.Next, we’re . . . well . . . we’reback to where we started! Haveyou noticed that we’ve beenwalking in circles? That’s right,the Law School is a labyrinth, devoidof logic and reason! There isno way out! You can never leave!Mwah-ha-ha-HA-HA!Right, so, gather around—since we’re all stuck here, youguys are going to help me briefsome cases, I’m behind in class.Email: cm7fa@virginia.eduReflections on the SBA ElectionsAs many of you are aware, Iwas a candidate in the recent SBAelections. As even more of youAndy Howlett ’10Columnistprobably know, Iwas defeated inan electoral landslide.Bummer. Allthe same, I’d liketo use my column this week to givemy own brief retrospective on theexperience.The students of UVA Law—andby extension, the new Presidentof the SBA, who will be the publicface of those of the studentbody—will be facing a number ofsignificant challenges next year. Iwrite “challenges” and not “problems”because I believe with hardwork, innovative planning, andabove all active student involvementthose challenges representopportunities to make the LawSchool stronger than ever.That should not diminish thesignificance of those issues, however.Simply, in order to maintainthe Law School’s tradition of excellenceand give the students thebest experience possible, the SBAwill have to expand its influenceinto arenas where it previouslyhas not been as active, makingsure that the students are representedin the crucial areas thatimpact the most important partsof their experience here.Take the tuition issue. As hasbeen reported, the Law School hasbeen raising its tuition at breakneckpace since it became financiallyindependent and brought itto a level where it is now roughlythe same as other top private lawschools. The Board of Visitors projectedin 2005 that out-of-statetuition would reach $40,600 inthe 2009-2010 academic year,which at the time seemed absurd.They have in fact well overshotthat mark, and current first-yearstudents—if the rate of increaseholds constant (and even thatwent up last year)—are facing theprospect of $50,000(!) tuition bytheir third year. The SBA needs tolisten to the student voices on thisissue and take an active role inadvocating their position with theadministration and to the Boardof Visitors.Increases may be unavoidable,but student pressure could helplimit just how bad they are. Additionally,if students advocateenough for it, the Law Schoolwould be forced to consider theadoption of a multilayered tuitionplan that I discussed in my lastcolumn. That plan, while keepingthe amount overall tuitionpaid the same, would at least givestudents some notice and protectthem from large increases while inschool. The bottom line, though,is that when it comes down to a9.9% tuition increase or new carpetsand a flat screen television inthe back of WB 101, the studentsshould have the opportunity tospeak up!The OGI process is anotherimportant issue. SBA PresidentelectDan Rosenthal said duringhis campaign that his prioritieswould be for the SBA to providemore support for students tryingto secure work beyond the OGIprocess, and I applaud that effort.Still, I think the OGI process itselfcan be enhanced. For one thing,students should be provided moreinformation about firm’s historicalhiring practices (e.g. the averageGPA for a callback and anoffer) so they can make strategicchoices; Vice-Presidential-electRoland Chang has suggested thisas well, and it would be easy toimplement.Indeed, last year some friendsand I created an online systemwhere students could post whetheror not Firm X had offered callbacksyet (again, the goal being toallow students to make strategicchoices and use the information tomaximize their options). The sitegot about 200 hits per day duringthe OGI season and I think provedvery useful to the students thatwere able to take advantage of it. Ibelieve that with the resources ofthe SBA such an operation couldbe set up to include all kinds of information,from numbers tendingExperience the Difference at Jefferson Ridge- Our ConvenientLocation has easy access to I-64, is just 7 minutes from the LawSchool, and is just 7 minutes from downtownFor Rentto point to firm’s GPA cutoffs towhether or not firms had brokenany of the NALP recruitment rules.All of this would have the goal ofhelping all UVA students makebetter more informed choices and,ultimately, have a better chance ofsecuring employment.Then there is public interestfunding. UVA Law has a long traditionof supporting public interestwork, but is at risk of fastbecoming one of the only top lawschools that does not guaranteeits students funding for summersspent in public interest. Theproblem is, obviously, money,but during the campaign I proposeda solution that limits theneed to raise additional fundsand may even save money overthe current system: All studentswho meet the qualifications setby PILA would be given money,first from PILA’s fundraising effortsand matching Law SchoolFoundation grants, and thenfrom the Law School’s operatingbudget or endowment. However,if any of those students went onto a lucrative career in privatepractice (either the next summeror immediately upon graduation),then the grant would “convert”into a loan, either interestfreeor with a small amount ofinterest keyed to inflation, andthe student would have to repaythe balance in full to the sourcefrom which it came.Several law schools use a similarsystem, and it would have the benefitnot only of strengthening theLaw School’s commitment to publicservice but also letting studentswho wouldn’t have gotten PILAgrants under the current systemspend their summer doing goodwithout having to take out moreprivate loans at steep interest rates.All of that said, I’d like to concludeby noting that DanielRosenthal will be a great leader;and conducted his campaign withcourtesy and class. I wish him allthe best and offer him whateverreasonable assistance I might beable to provide.I also want to thank all the peoplewho offered their support tome, especially those who encouragedme to run in the first place. Iappreciate it guys, and I won’t forgetit. Stay strong and enjoy yourtime here at UVA Law. One thingall of the candidates agree on isthat it’s a pretty amazing place.Email: ah8gu@virginia.eduThree large furnished rooms with two fullbathrooms, kitchen, and a large living room/study. Rooms are in private wing of a home inbeautiful neighborhood near Central Groundsand Law School. Fully furnished rooms withindividual heating/AC controls. Large livingroom has fireplace and views over gardens andwoods. Nine-month lease. Rent $650 per room,includes all utilities, cable, wireless internet,weekly maid service. Call Virginia Stokes, 120Rothery Road, 295-2047
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