February 16, 2001 - 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
The J.B. Moore Society would
like to remind students to attend
next weekend’s symposium, “Contemporary Challenges in International Law and Security: Improving Frameworks for Legal Responsibility.” Details are available on
the J.B. Moore Bulletin Board or
at http://calendar.yahoo.com/public/jbmsociety.
A big thumbs up
to the those unlikely
bastions of creativity from the class of
2001’s Section B for setting a new
standard in Feb Club promotion
by creating impressive online movies. (www.members.tripod.com/
sectionbeta) Highlights included
stop-action Darth
Vader and
L u k e
Skywalker
action figures battling for
the fate of the universe while
discussing how everything hinges
on Saturday night’s Feb Club
party. Section Beta Strikes Back.
ANG respectfully requests that
the Mighty Bagel Distributor provide a more diverse selection to
include more bagel varieties at all
times. Please do not take our overprivileged whining as justification
for ripping all bagels away from us
again. The Law School community could not withstand that
trauma again.
Vol. 53, No. 17
Friday, February 16, 2001
Journals Debate, Reverse Course
on Tryout Pr ocess
by Amy Collins ’01
After heated debates between
the heads of U.Va. Law’s eight
journals, this spring’s tryout and
selection process will be held under the system utilized before this
past year.
Under the returning system, applicants indicate two journals to
which they are applying, and may
receive offers from both. Under
the system used this past year,
students could apply to Virginia
Law Review and two other journals, indicating their preference
between the other two. None of the
journals, however, advocated retaining this past year’s system
without modification.
“Four journals want[ed] to go
back to the way it was [one year]
ago — Social Policy, Sports and
the Law, Environmental, and Law
and Politics,” said third-year Law
Review member Lisa Milot, who
observed the voting. The remaining four journals, the Virginia
Journal of International Law, the
Virginia Journal of Law and Technology, the Virginia Tax Review
and the Virginia Law Review
wanted to retain the current system, though adding mandatory
caps on the number of editorial
board members journals could accept as well as making applicants’
decisions of their first choice jour-
nal binding.
An initial vote of the journal
editors-in-chief (EICs) was held
last week, resulting in a five to
three vote to revert to the twochoice system. Unhappy with the
result of the vote, members of the
Law Review and Virginia Journal
of International Law began to solicit vote changes from those EICs
that voted against them.
“[Amy Payne] came to me and
lobbied me to change my vote,”
said third-year Caleb Jaffe, EIC
of the Virginia Environmental
Law Journal. “I said I think it’s
unfair for us to change our votes
one by one, but that I would be
happy to reconsider if [all the
EICs] met together.”
After speaking with a number
of other EICs, Payne, a third-year
member of Law Review and Chairperson of the Joint Tryout Committee, decided to hold another
meeting this past Monday
evening, complete with a revote.
Payne explained that she convened the second meeting “because there were enough people
who came to [her] that had
changed their minds or were uncomfortable with how they voted.”
Payne admitted, however, that
personal motivation played a factor in her decision: “Part of the
reason I approved the revote is
Thumbs down
from facilities management to the many
able-bodied people
who step on the pedals that open
the handicapped doors. The result
is that the batteries powering the
radio transmitters opening the
doors are burning out at a rapid
rate, increasing the “down time”
of the handicapped mechanism
and with it the likelihood that the
doors will not open for those who
need it. And by the way, a hangover does not count as a disability.
Thumbs up to
Arent Fox for both
sponsoring Tuesday
night’s discussion on
“Becoming a Partner: A Female
Perspective” and providing enough
food to feed A.E. Dick Howard’s
subsequent class.
In this issue:
BeVier on Napster
Ruling ..................... p. 4
U.Va. Men’s Basketball
Special .................... p. 6
SBA Runoff
Today
None of the
four candidates
running for SBA
President received more than the
requisite 50 percent of all votes
cast, triggering a runoff election.
The top two candidates were
Kendall Day and Scott Fink.
Runoff voting will continue until
4 p.m. today, Feb. 16.
The results of the runoff will
be announced Friday as soon as
all votes are counted.
Only four of the remaining
ten elections were contested.
Scott Strohbridge and Laura
Soong were elected the Law
School’s Honor Committee Representatives. Stacy Dawson and
Stacey Rose will be the Judiciary
Committee Representatives.
In uncontested elections,
Mandy Biles was elected SBA
Vice-President, Lee Miller was
elected Treasurer, and John
Adams was elected Secretary.
The ABA Representative will be
Catherine Connor. The two Student Council Representatives,
also uncontested, will be Lesley
Pate and Sarah Berger.
Five hundred and eightyseven students voted in this
year’s hotly-contested election, a
substantial increase from last
year’s turnout.
QualChoice’ s Pill
Coverage Sparks Debate
Professor Sighting: Professor
Kevin Kordana, leaving Club 216
at 2:30 a.m. on Friday night.
Things that make you go ‘hmmm.’
The Dillard Fellow tryout can
be completed during any consecutive three-day period before Mon.,
Feb. 26. The tryout packet may be
picked up from Phyllis Harris in
room WB348a. The tryout is open
to first- and second-year students.
that it had not come out the way
I thought was right — but that’s
really a secondary reason.”
The revote resulted in a four to
four tie, which Payne felt she had
to break in favor of the original
vote, for the two-choice system.
Both sides of the debate advanced justifications for the system they advocated. Proponents
of the past year’s system argued
that it allowed people to apply to
more journals and have a greater
chance of making one, in addition
to providing an automatic opportunity to apply to Law Review.
Proponents of the prior system
favored it for what they saw as a
simpler method, which allowed
journal applicants to change their
preferences after completing the
tryout and allowed the journals to
take as many or as few board members as they desired. They disagreed with the idea that the past
year’s system gave first-years a
greater chance of making a journal.
Third-year Usha Rodriguez,
EIC of the Virginia Law Review,
explained the position of the four
journals who voted to keep the
past year’s system: “First-years
are stressed in general, and the
journal tryouts are a big deal to
them. I worry that risk-averse
see JOURNALS page 3
Subscriptions Available
photo by Howard Chang
Third-years enjoy their last Barristers night.
Dressed-up Hunks, a
Little Funk and a Room
Full of Drunks
by Darcey Rhoades ’03
Recipe for Barrister’s Ball: Take
one prom. Add alcohol. Subtract
adult chaperones. Add U.Va. Law
students. Jitterbug for four hours.
Makes 800 servings.
The hugely successful 2001
Barristers Ball was held at the
Omni Hotel in Charlottesville last
Saturday, February 10. Before the
big event, most of the attendees
went out to dinner at such C’ville
hotspots as the Ivy Inn, Southern
Culture, and the Blue Bird Café,
attracting numerous stares from
dressed-down locals. But really,
isn’t that what going out to dinner
before a formal event is all about?
The event itself got off to a slow
start, due in part to the cash-only
bar only that was open between
9:30 and 10:30 p.m. Once the bar
opened, the law students descended upon the Omni in swarms.
The dance floor quickly filled up
with students shaking their groove
thangs to the oldies-but-goodies
belted out by the band. However,
some of the best music of the
night was mixed by the DJ during the band’s breaks. Shaggy’s
“Wasn’t Me” was such a huge hit
that the DJ hit the replay button
right after it ended.
The dance floor was crazy.
Chances are that you left the
floor each time dripping of water
— not necessarily from dancing
up a storm, but from the water
guns one second-year was kind
enough to pass out to a dozen
people. Also, you may have seen
more than you bargained for
when a first-year busted a move
that busted his pants.
Several groups held parties in
suites on the second floor during
and after the ball. The BLSA
suite proved to be extremely popular with its fine arrangement of
champagne, strawberries and
great music.
Most of the guys dressed to
impress, with about half of them
wearing tuxedos (and looking
see BARRISTERS page 3
by Rich Bland ’01
Last Tuesday evening, a bit of
the 1960s revisited the Law
grounds. In 1960, the FDA approved the Pill for widespread use,
providing the catalyst for the tumultuous sexual revolution. Today, it isn’t legality of the pill but
accessibility and affordability that
stir the debate.
Before a capacity crowd in
Caplin Pavilion, a panel of concerned insurance, medical and university administrators — including some self described “ex-hippie
types” — attempted to answer a
list of questions posed by a group
of concerned law students as to
why, QualChoice, the Universityendorsed health insurance plan
does not include less expensive
access to oral contraceptives.
“I thought the forum went very
well,” said second-year law student Susan Burgess, one of the
organizers of the event. “Students
were able to get their concerns
addressed.”
Students on the panel, along
with the majority of students who
voiced their concerns contended
that the range of options
QualChoice currently offers to students is inadequate because, while
one option does include oral contraception, its cost for students
exceeds that of insurance available at comparable public universities.
The two other primary student
concerns centered on how Qual
Choice and the University compute what is and what isn’t affordable for all student subscribers
under various models of student
plans and how QualChoice might
in the future include other costs
like unplanned pregnancies in the
models so as to balance out the
increase in average premium costs
for all subscribers for the cost of
including oral contraception.
Many panelists pointed out that
the decision not to include oral
contraception in all options was
made by a joint student/administration committee last year.
While on the surface, the debate revolved around costs of potential health options available
through QualChoice, many of the
panelists also referenced what
they felt was a double standard
that exists throughout the debate.
“If men got pregnant, you could
get oral contraception at the local
7-11!” said one exasperated local
community activist who works on
family planning for Martha
Jefferson hospital.
Likewise, an unsigned letter
that was handed to attendees of
the session read in part: “The exclusion [of affordable contraception] raises issues of gender discrimination in violation of Title
IX of the Education Amendments
of 1972. As I understand your program,” the letter read, “[the
Qualchoice current options] cover
medication for conditions related
to sexual activity, such as prescriptions of Viagra for sexual dysfunction, that apply mainly or entirely to men...it must also provide similar coverage of medication for conditions related to
sexual activity, such as contraceptives that apply mainly or entirely to women.”
Moderator George Rutherglen
raised the issue of gender disparity as well and asked panelists to
comment on their reflections on
that underlying theme. The formal question and answer period
heightened the tenor of the debate. In particular, the only major
point on which the two most vocal
see PILL page 3
2
Student Voice
Virginia Law Weekly
Jury Box
Do you think John Jeffries would
be a good Dean?
Steve Phelan, 3L: “He certainly has a
strong academic reputation, and from what
I’ve heard he has the requisite administrative skills as well.”
photo not
available
Terrance Rasmussen, 2L Transfer: “I
think he’d be fine, but based on personal
experience, he’s got nothing on Dean Garrett
of Chicago.”
Woody Wood, 3L: “I don’t give a damn
about bagels, but I am concerned about how
receptive to student concerns the Law School
administration is. I’m worried that with
Jeffries as Dean, student concerns would not
be a priority.”
Carolyn Meade, 3L: “I don’t know anything about him...perhaps if a present U.Va.
professor is going to be Dean, he should be
known by the students.”
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C ONTRIBUTORS: Tillman Breckenridge, Brian Gist, Stephen Galoob, Jessie Heners, Tom Warburton.
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© 2001 Virginia Law Weekly
Friday, February 16, 2001
Letters to the Editor
“
To the Editor:
When I initially read the Law Weekly last week, I found myself
nodding my head in approval of [Nina Allen’s column] concerning
Professor John Jeffries’ candidacy for the deanship.
Like the other columns that have run on the issue, I thought the author
accurately portrayed the average student’s apprehension and valid
concern over the search process, and specifically the possibility of
attending U.Va. Law under a “Dean Jeffries” administration.
But upon further consideration, and a long talk with a friend, I’ve
changed my mind and now wonder: What are we doing to ourselves?
The fact is, John Jeffries is the leading candidate for Dean for a reason:
He is a nationally recognized and leading scholar in his field, has given
nearly three decades of his career to U.Va. Law, is well respected and
supported by his peers, is a valuable asset in the ongoing campaign for
alumni support, and would serve as an example to young faculty that a
commitment to this institution for the long haul will not go unrecognized.
Yes, Jeffries lacks that intangible quality that Dean Scott seems to
slide through the halls on. And yes, the students who attend U.Va. Law
are a legitimate constituency whose concerns deserve to be recognized
and addressed. But we are one of many constituencies that any dean
must deal with, and we certainly can’t expect that our bagels, no matter
how much school spirit they drum up, will always be priority number one.
The student body of Virginia Law is without question one of the most
talented in the country. As future attorneys, we are being trained on a
daily basis to make persuasive and reasoned arguments. Is “you took
away our bagels” and “you don’t say hi to me” really the best we have to
offer?
If we want the future Dean Jeffries to take us seriously, and frankly
give a damn what we think, we are not going to win him over with weekly
bashings in the Law Weekly.
Believe me, I’m not suggesting I don’t agree with the sentiments
expressed in the article — I do. The author’s points are well taken. I also
think Professor Jeffries would do well to make an honest effort to allay
concerns that students do not and will not matter to him.
But the fact remains that there is about a 99% chance John Jeffries
will be our next dean. Maybe we should all let the bagel thing go and
attempt an adult conversation with the man now, before we ruin any
chance for a harmonious relationship in the future.
—Kristen R. Fournier ’02
To the Editor:
I was amazed by the story “Math Brings Down Law Grades,” which
addressed Prof. Paul Mahoney's memo to faculty about the B+ mean, for
several reasons.
First, the B+ mean did not just get harder to hit. The math has been
the same for quite some time, unless there was some recent change in the
rules of arithmetic that I missed.
Second, I find it incredulous that there are members of the faculty who
could not figure out how to get their grades to average to 3.3. Why is it
okay to be incompetent at basic arithmetic, but it's a national tragedy if
someone can’t read? Regardless of how “mathematical” a professor is or
is not, he or she should be able to grade exams with a rough idea of what
the curve is, see what the class average is after the initial grading, and
then tweak some of the grades accordingly. Of course, as long as it takes
some professors to merely grade our exams, asking them to pull out a
calculator on top of that might be asking a bit much.
Third, I am troubled by the implication that handing out more grades
below B+ is some sort of crime against humanity. The B+ curve is not a
holy right, and getting a B+ or above is certainly not guaranteed—for
anyone to maintain that we “deserve” to get grades at or above the curve
is to argue that there should be no curve at all.
Fourth, the fact that this even merited mention in the Law Weekly
surprises me. Actually, it doesn’t, and that’s my problem. An overdeveloped sense of entitlement pervades our student body, and we often
confuse privileges with rights. Free printing is a privilege, and yes, bagels
are a privilege. It is only when these privileges begin to be taken for
granted that we students distort them into rights and whine like spoiled
brats when they might be taken away. So let's not whine about math
dictating that there should be more Bs than A-minuses. Would you prefer
a return to a B curve?
—Matt Branson ’02
SBA Notebook
As many of you know, my time
as SBA President is coming to an
end.
Brendan Johnson,
a third-year law
student, is SBA
president.
During my tenure as president,
I received several personal gifts
from the Law School administration. I would like to thank Dean
Scott for the fancy desk and computer that he left for me in the SBA
office. These generous gifts will help
to decorate my new home in South
Dakota and will help ease my transition into private life. Thank you,
and I will also be taking the cool
SBA stationary.
With my time winding down, I
want to give you a better idea of
what have been my responsibilities as SBA President. One of my
most important responsibilities
was to serve as a sort of spiritual
advisor.
Each week, I received numerous letters from students asking
me for advice or personal guidance.
Like having twin sons who insist
on always holding hands in public,
this started off as cute behavior,
but eventually began to scare me.
Nevertheless, each week I have
attempted to answer all letters.
What follows is a brief sampling of
the letters I received and my responses.
Hey Brendan,
I was just wondering where all
the good men have gone? This year,
all of the 3L men are lame. They no
longer attend Bar Review and rarely
appear at Feb Club parties. This is
a serious problem because Barristers Ball is right around the corner.
Do you have any thoughts on who I,
and the rest of my female roommates, should take to Barristers?
—Sick Of Lame 3Ls
Dear Sick,
I don’t think you should take
anyone to Barristers. Instead, wait
until midnight and then find the
drunk Duke law students who always crash our parties. That ought
to be a good time. Don’t waste your
time with 3L guys, usually they
just hook up with random friends
of Melissa Hutson who also have a
tendency to crash our parties.
Dear Brendan,
I am a first-year law student in
serious trouble. My girlfriend lives
thousands of miles away, and last
WhitebreadLegacy:
FacultyQuotesofthe
Week
And the Winner Is...
J.Mahoney: “I mean, what are
the medical risks of sperm donation? Hairy palms and blindness?”
Runners-up...
E. Kitch: “I got shafted. I would
have said ‘screwed,’ but I decided
I should increase my self-censorship... Do any of you work for the
Law Weekly?”
L.Walker: “So sorry about
those jackhammers. I used to do
that, by the way. Terrible job —
couldn’t get any worse. I didn’t
last long.”
P.Stephan: “My son aspires
to be a hip-hop DJ after graduating from college, and let’s say I
were to co-sign a $50,000 note to
take out a loan for my son in order
to finance his hip-hop business.
And let’s say that consumer tastes
then become rational, and the hiphop industry is wiped out. His
equipment and records are now
worthless, since now all people
want to do with them is burn
them.”
K.Kordana: “You know, I really don’t need to pick out my own
pectoral implants.”
S.Goetz: “[My wife] would
point to my son, who looks just
like me, the poor guy.”
S.Smith: “Johnny Cochran in
a cape couldn’t have gotten this
guy anything but the death penalty in this case.”
J.Setear: “You’ve got a wireless, right? Type this in and find
it...real-time teaching!”
S.Henderson: “The Board, like
the Blues Brothers, was on a mission.”
L.BeVier: “People give lectures
in math? What do they say?”
A.Johnson: “It’s got some
steamy sex scenes...I’ll put it on
reserve.”
”
week she randomly showed up at
my doorstep. The problem is that
I’m currently in a relationship with
an undergraduate here at the university. What should I do?
—Casanova
Dear Casanova,
What a tangled web we weave.
Don’t worry, this has happened to
other first-year men who discover
that, for the first time in their lives,
women are attracted to them. Like
yourself, these men have found the
pressure of being “law school cool”
burdensome and they also made a
mess of their personal lives. In the
past, these men have solved their
problem by engaging in an activity
that could not possibly be construed
as cool or sexy, like becoming SBA
Treasurer. Perhaps you should consider getting involved in student
governance.
Dear Brendan,
I am having a difficult time adjusting to being the only second
year law student living on Brown’s
Mountain. At first I enjoyed the
notoriety, but recently I’ve noticed a
lack of respect. I’ve been forced to
live in the basement behind the bar,
see NOTEBOOK page 3
Virginia Law Weekly
BARRISTERS
JOURNALS
continued from page 1
very sharp, I might add!). Surprisingly, most of the women did not
wear black. Colors and patterns
were everywhere — on dresses,
shawls, and even cowboy hats. You
may think that only a Texan woman
would wear a cowboy hat to a formal, but one leopard-print hat was
spotted on the head of a first-year
from (gasp!) Columbus, Ohio.
continued from page 1
PILL
continued from page 1
participants agreed was that the
high level of student activism on a
given subject hasn’t existed on
North Grounds to this degree since
the panelists themselves were in
graduate school in the 1960s.
Key speakers on the panel included: Alison Montgomery, Director of Administration at U.Va. Student Health; Dr. Christine Peterson,
Associate Director, Gynecology,
U.Va. Student Health; Martha
D’Erasmo, CEO, QualChoice; and
Lise Adams, Valerie Nannery and
Susan Burgess, Law School organizers of the event.
NOTEBOOK
continued from page 2
and this has seriously hurt my game
with the ladies. Do you have any
advice?
—Cellar Dweller
Dear Cellar Dweller,
First of all, there is nothing embarrassing about living in the basement behind the bar. In fact, some
Law School roommates reserve that
spot for the most esteemed member
of the house. As far as the as the
lady situation is concerned, you
should probably look into purchasing a PlayStation 2.
Special Thank-You
A serious thank-you to Susan
Baldwin for all of her efforts to make
Barristers Ball a huge success.
first-years will choose two journals [rather than Law Review] in
order to maximize their chance of
making any journal, and miss out
on what could be their only chance
to make Law Review — they can
try out for the other journals in
the fall.”
Milot added that many people
were unhappy with the way journal
tryouts used to work, because they
would have to make strategic choices
that sometimes prevented their application to the Law Review: “I have
friends from first year who didn’t
try out for Law Review because they
were so afraid not to make any
journal — and they kicked themselves for two years.”
Another argument advanced by
members of the Law Review was
that the system used this past
year allowed students to apply to
more journals: “It is in [first-years’]
interest to have a shot at as many
of the top journals as possible,”
said third-year Law Review member Johan Conrod. Under the twochoice system, he added, “some
people will never get to play pool.”
Third-year Helen Mould, EIC
of the Virginia Journal of Social
Policy & the Law, explained the
motivation of the four journals who
voted to revert to the two-choice
system: “This is a restoration of
the original system — we had an
experiment last year that failed,
so we’re going back. It failed to
bring about the benefits that journal leaders thought it would, in
terms of affording more students
an opportunity to participate on
journals and spreading students
more evenly among the journals
that exist at the school.”
Mould added that last year’s
system was an administrative
nightmare, very costly to many of
the journals, and less fair.
Third-year Andrew Graziani,
EIC of the Virginia Journal of
Law and Politics, disagreed with
Law Review’s argument that the
News
Friday, February 16, 2001
3
News Analysis
past year’s system helped students: “The reason last year’s experiment didn’t work is because it
resulted in a lot more uncertainty
both for first-years and journals,
and didn’t reduce people from strategically choosing journals.”
The EICs of Social Policy, Sports,
Environmental Law, and Law and
Politics all agreed that students are
not disadvantaged by reverting to
the old, two-choice system: “Some
journals fare better under one option, other journals fare better under the other option — but the students fare equally well under either,” said Jaffe.
Third-year Joe Asaro, EIC of
the Virginia Journal of Sports and
the Law, said that the mandatory
caps on the size of journals’ editorial boards was the biggest problem he saw with the option supported by the Law Review: “The
cap played more of a role in my
vote than the number [of choices
allowed] did.”
“The reality we were faced with
was cap or no cap,” agreed
Graziani.
Members and EICs of all journals strongly encouraged students
to try out for journals: “I really
encourage first-years to try out for
journals they are really interested
in,” said International Law member third-year Susannah Stroud.
“I hope that none of this discourages first-years from trying
out for journals — I think that
journal participation can be a wonderful, rewarding experience,”
agreed Mould.
Jaffe summarized: “I think if
there’s one comment I have on
this, it’s Florida, Florida, Florida.”
Journal tryouts will be held on
three weekends, beginning at the
end of this month. The three pickup Fridays are Feb. 23, March 2,
and March 9. The turn-in Mondays
are, respectively, Feb. 26, March 5,
and March 12. Turn-ins and pickups are both from 9 a.m. to noon.
Is Bush Really President?
by Stephen Galoob ’02
Last Thursday, more than 120
students and faculty gathered to
hear a panel of scholars discuss
who is the legitimate ruler of our
country.
The talk, entitled “Bush v. Gore:
Rule of Law or Rule of Judges?”
featured Mike Klarman and John
Harrison of the U.Va. Law faculty
as well as Alan Meese of William &
Mary. Although the panel was designed to present the conflicting
views of the decision that granted
Bush victory, all three ultimately
agreed that some aspect of Bush’s
selection was illegitimate.
Professor Klarman discussed the
majority’s equal protection arguments in the Supreme Court case of
Bush v. Gore. His theory, admittedly not empirically verifiable, is
that the outcome of the case would
have been different if the parties
had been switched. This is unlike
the legal issues we more commonly
associate with “partisanship,” like
abortion, federalism, and school
prayer. Those opinions are a result
of the political ideology of the Justices, and Klarman has built a career arguing that such decisions
are legitimate because the outcomes, if not the reasoning, have
been widely accepted.
Bush v. Gore, on the other hand,
was based on the political preferences of the majority; according to
Professor Klarman, this case was
an example of “new law good for
this day and train.” Indeed, the
equal protection argument in Bush
v. Gore would invalidate almost every election. The popular backlash
to this decision, however, is not
likely to be extraordinarily harsh,
since the issue in this case will be
obsolete after the next Presidential
election.
Professor Meese, who will be visiting at U.Va. Law next year, de-
fended Bush v. Gore on equal protection and Article II grounds. He
argued that the overturned Florida
Supreme Court decision was clearly
a violation of the Equal Protection
clause, since it ordered selective
recounts and allowed different standards to be used in different counties. To overcome such a plain violation, the Florida Supreme Court
should have found a legitimate state
interest (which the Florida Secretary of State failed to find). Since
the Court found no such interest in
applying different standards and
no possibility of applying these standards before the December 12 deadline imposed by the Florida Supreme
Court, Meese argued that the outcome in Bush v. Gore was justified.
On the Article II issue, Meese
argued that the Florida Supreme
Court ordered a recount in 64 counties, yet Gore only contested the
results in one county. Since Article
II allows only recounts on contested
votes, the remedy in Bush v. Gore
was too broad.
Meese’s stringent version of the
Equal Protection clause, like the
majority’s in the Bush v. Gore opinion, does not fully support a Bush
presidency. In response to questions after his presentation, Meese
admitted that the irregularities in
counting military absentee ballots
were subject to the same “uniformity or nothing” standard as recounted votes. Thus, these votes
should not have been counted under the majority’s logic. This point
might be considered moot, however, since the Gore team failed to
raise the argument before the
Court; however, a cynic might
point out that the Bush team failed
to raise its equal protection argument in the lower courts as well.
Professor Harrison admittedly
found himself conflicted between
see PRESIDENT page 4
The Seven Society commends
Kelly Barbour
Carli Conklin
Richard Bland
Jennifer Mason
Professor Anne Coughlin
Professor John Harrison
Professor William Larry Walker
for their love of and devotion to the University of Virginia
School of Law.
4
News
Virginia Law Weekly
Napster Stays Alive — For the Moment
Friday, February 16, 2001
PRESIDENT
Circuit Court Remands;
Napster Still On-Line
Crossword Solution
by Jonathan Riehl ’02
The United States Court of Appeals for the Ninth Circuit issued
its ruling last week in the Napster
case. The ruling reviewed preliminary injunctive relief awarded by
the lower court against Napster,
the popular free on-line music trading site.
Napster is being sued by a retinue of record companies and musicians for knowingly contributing to
copyright infringement. The alleged
infringement occurs when Internet
users make use of the website as a
forum for trading MP-3 music files.
Napster does not store the files, but
rather facilitates the direct “peerto-peer” trading of the files by
Napster users.
The Ninth Circuit, sitting as a
three-judge panel, rejected all of
Napster’s substantive arguments.
It did find, however, that the lower
court’s injunction ordering immediate cessation of all Napster-facilitated infringement of MP-3s was
overly broad.
The Ninth Circuit cited practical
concerns raised by Napster concerning its ability to police material
posted on the site, not all of which
represents infringements.
Napster has threatened to appeal for an en banc hearing with the
appeals court.
Napster
is
owned
by
Bertelsmann AG, which also owns
BMG music, parent of RCA records
and other labels. Bertelsmann, originally a party to the infringement
suit, broke off its litigation and declared recently that it wanted to
work with, not against, Napster.
Bertelsmann also announced last
month that Napster would begin
charging a membership fee. No time
frame was set, nor the amount of
the future fee. Napster currently
claims over 56 million users.
To discuss some of the many issues implicated by the Napster case,
the Law Weekly spoke to Professor
Lillian BeVier, who teaches Copyright and Intellectual Property.
LW: Do you think the Courts
were prepared to address the
technological issues in the
Napster case?
LBV: They are as prepared as
the attorneys arguing the case can
get them. They are not fortunetellers and don’t really pretend to be
in the business of being technology
gurus, but I am impressed at how
hard they obviously work to bring
themselves up to speed about and
explain the technology they’re dealing with in particular cases.
LW: Do you think the concept
of copyright liability over the
Internet, not just in the Napster
case but in general, is going to
require a rethinking of copy-
right rules, or just a refining?
Are there big changes ahead?
LBV: Yes, there are big changes
ahead. I think the principal “rethinking” that will take place will
be over the concept of access controls, because that’s what the technological fixes for a lot of the illicit
copying that goes on will be. The
fights, my guess is, will be over how
much control over access copyright
owners can legitimately assert given
traditional fair use concerns.
LW: Are the courts able to
accurately gauge the impact of
Napster on the record companies? Is expert evidence about
college students’ “downloading
habits” consistent with established standards?
LBV: The issue, really, is not the
“effects” of the Internet, but rather
the effects of Napster and the peerto-peer sharing that it facilitates on
the plaintiffs’ market for CDs. The
court’s approach is quite conventional. And remember, this case
hasn’t been fully litigated — the
question really is still whether the
plaintiffs here have shown enough
harm to be entitled to a preliminary
injunction.
LW: What about all of the
other sites that offer Napsterlike services: Is this just a
hydra’s head situation?
LBV: It is a hydra’s head, but it’s
not the judges that are trying to
curtail copyright infringements –
it’s the copyright owners. It seems
apparent to me that the challenge
for the record industry is in large
part a technological one, but in even
greater part it is a business model
one: They are pursuing a business
model — our “market” is hard copies of $15 CDs, etc. — the record
companies need to be more imaginative and entrepreneurial; their
Napster litigation seems to me to be
as effective as a finger in the dike is
at preventing a flood, despite the
fact that they are on very solid legal
ground.
LW: Would the courts look at
Napster differently if it were a
non-profit entity?
LBV: Probably. Profit vs. nonprofit has a big bearing on whether
a use is “fair” or not. Still, the fact
that Napster users are not transformative users but consumptive ones
seems to me as salient as the fact
that Napster is for-profit.
LW: How long do you imagine this litigation is going to go
on? Will this case wind up in the
Supreme Court?
LBV: Not long. I think they’re
likely to settle and Napster as you’ve
known and loved it will be toast. I
doubt the Supremes will take the
case — but who knows what they
will decide!
New
Computer
Lab
Bookstore
Slaughter Gets a Makeover
by Amy Collins ’01
When the dust clears and the
Law School is whole again, almost all of the student organizations will be in a new location.
The first floor of Slaughter Hall
will be completely redesigned
(with the exception of the Bookstore), to accommodate almost all
student organizations and a small
computer lab accessible only to
U.Va. Law students. The journal
offices will be located on the second floor of Slaughter Hall,
though the Virginia Law Review
will not move from its current
location.
The Student Organization
Space Allocation Committee
(SOSAC), a subcommittee of the
SBA, is in charge of allocating the
new space (see map above).
SOSAC held a meeting for organization presidents Monday afternoon, and is currently reviewing the organizations’ applications detailing their space requirements. Following that review, SOSAC will conduct interviews with organization presidents and then make the space
assignments. Finally, SOSAC will
submit their proposal to the SBA
for approval.
The new layout provides an
increase in both total student organization office space and number of offices. Compared to the
3,105 square feet currently used
by student organizations, the new
design will offer 3,776 square feet,
a 21.6% increase. The total number of offices will leap from 16 to
23, an increase of 48.7%.
Perhaps the greatest effect on
students will come just as finals
approach this spring, as all organizations will have to pack up
their belongings for the move.
“We will give you boxes and I
will ask you all to pack up your
things by the end of exams, May
11,” Assistant Dean for Administrative Services Bill Bergen told
the assembled organization presidents. “We will put all the desks
and chairs and the like in storage, and will put them back the
week before classes start.”
Students will not have to do
any of the actual moving — they
will leave the boxes in their offices and movers will take care of
the physical relocation.
continued from page 3
his desire for a Republican President and his distrust of the Supreme Court. Article II, he argued,
fundamentally concerns the relationship between state and federal law; the majority of the Court
believed that the Florida Supreme
Court (probably deliberately) misread the law of Florida. For
Harrison, the question was not
whether the Florida Supreme
Court or the United States Supreme Court was partisan, but
which Court had the Constitutional discretion to be partisan.
The Court usually interprets
state law only to the extent necessary to answer a Federal question.
Indeed, the Court’s argument in
Bush v. Gore is premised on the
idea that the Florida Supreme
Court so grossly misinterpreted
Florida election standards that
their decision was legislative (in
the sense that it created a new
standard) rather than judicial (to
the extent that it interpreted the
legislature’s standard).
According to Harrison, the problems with this argument are legion. First, it is rather audacious
for the current Court to call anything “judicial legislation,” since
all courts — and especially this
Court — frequently create “new
rules.” Second, this decision undermines the notion of a state
Supreme Court’s authority to interpret state law. If every state
law question becomes a federal
law question, then no state agent
can ever make a final decision and
there is no such thing as state
discretion. A true Federalist might
find this decision repugnant.
Third, the Court confuses the permissibility of interpreting a standard (which Harrison calls his
“punch out the damn chad, you
moron” argument) with the constitutional requirements for calling a vote “legal.”
Virginia Law Weekly
Columns
Friday, February 16, 2001
5
Dumbing Down? U.S.A. Today Is Ther e to Help
I wanna be dumb sometimes.
Which is not to say I’m very smart
to begin with, but after all somebody let me into this school, and
it’s a good school according to my
sources. No, I’m not saying anything of the sort. I’m just saying
that sometimes, I want to put down
my law books and just be dumb.
Dan Brozost, a
second-year law
student, is a Law
Weekly columnist.
Like the rest of America. Now
hold on just a minute, there you go
again…I’m not saying the rest of
America is dumb, although I kind
of did. I’m just saying I want to put
down my little old law books and
be a dumb American for a while.
Like our new president. You know,
that kind of dumb. Not stupid
dumb, just dumb.
I used to be dumb a lot. Then
one day I picked up the New York
Times. At first it was confusing,
but then I started to like it. I felt
smart. I would walk by all those
dumb people with their New York
Posts and their Daily News, and
I’d fold my New York Times in half
and stick it under my arm so everybody would see that big old
masthead screaming to the world,
“I read the New York Times, I’m
not dumb!”
But now that I’m in law school,
I just want to be dumb again. All
this talk about burdens of proof
and strict scrutiny this and parol
evidence that…blah! Yes, blah I
say! Make me dumb again.
Okay, I’m getting up from my
seat in the fishbowl to go get dumb
for a little while. Here I go, don’t
try and stop me. Wait, what’s that
on the wall? Federalist Society lecture? The Bush v. Gore case discussed at length? Look away, Dan,
look away. I’m walking, and walking some more. I’m turning…into
the bookstore. Newspapers,
newspapers…New York Times, no
that’s not dumb. Washington Post,
getting closer. Richmond TimesDispatch…a little too far. Ahhh,
finally…the USA Today…dumb.
Here you go, Miss, my fifty-two
cents for my fifty-cent paper. I can
feel the dumb already. You have a
nice day too, Ma’am. I’m gonna
have me a nice ole dumb day.
Hey there Mr. Blue, you sure do
look nice and blue today…But
you’ll have to wait. I gotta go see
Red first and get my fix. Red is
good to me. He gives me the hard
stuff, the goods…the things you
can’t get inside. Red gives me box
scores and rankings and a preview of the American League in
mid-February. Red gives me total
coverage. Red tells me about the
Westminster Dog Show that I’ll
never watch. But it’s there anyway, in all of its Reddy goodness.
Yeah baby, show me that top 25
poll. Give me those game summaries. Don’t make me turn that page
Red! I’m sorry, you never do. Everything I ever want is right there
in front of me. Look, Red! “Wisconsin-Stevens Point women finally
get past Oshkosh!” Tell me Red,
tell me all about it! And don’t forget those stats, Red! Auto racing
standings, PGA Europe results,
and you even have the National
Pro Soccer League results and
standings!
I didn’t even know there was a
National Pro Soccer League! Nor
that Harrisburg had a team!
Now let me just check the lottery results from New Mexico
and… Tri-state? I didn’t know we
had a state named Tri-State. It
must be near the state called
Powerball. See you tomorrow Red!
And don’t forget the good stuff
(wink, wink).
And we’re back to you Mr. Blue.
I didn’t forget you. You’re a big
part of my new dumb routine. Tell
me Mr. Blue, Mr. Nation’s News-
Planning to Get Married?
Here’s Some Friendly Advice
The seemingly never-ending pop
of champagne corks in ANG inspired
me to write this column. When I got
married three years ago, I knew
nothing about getting married.
However, I have since seen my share
of engagement and wedding fiascos.
I am not an expert on the subject by
any means, but thought I would
pass along some friendly advice
based upon my experiences.
Darcey Rhoades, a
first-year law
student, is a Law
Weekly columnist.
# 1: Guys, ask your girlfriend’s
father for permission before
popping the question. I know it
sounds old-fashioned. But please
remember that most fathers are
old-fashioned and over-protective
when it comes to their “baby girls.”
When my husband, Matt, and I
talked about getting married, he
wondered if he should ask my father for permission. I laughed at
him for being so behind the times.
After we got engaged, I thought it
would be a great idea to have Matt
come over to my house for dinner to
tell my parents of our engagement.
During dessert, Matt stood up
and said, “I have an announcement
to make. Last night, I asked Darcey
to marry me and she said yes.” Were
we greeted with euphoric cheers,
hugs and kisses? No way. We were
greeted with cold silence and unblinking stares. I left the house in
tears and cried to — of all people —
my future mother-in-law. My parents later told me that they had
gone into shock. It wasn’t so much
that they felt violated for not being
asked to give their permission — it
was just that they would have appreciated an advance warning.
#2: Make sure that the members of your wedding party can
at least be civil to each other.
When a friend got married last year,
she asked two girls to be in her
wedding party who could not stand
the sight of each other. This caused
numerous problems, culminating in
a hair-pulling, nail-scratching
fistfight at the bachelorette party.
The girls had to be physically separated at the wedding. The wedding
day is full of enough stress without
wondering whether your bridesmaids are going to make it down the
aisle without beating each other
into a bloody pulp.
#3: Have fun at the bachelor/
bachelorette party, but don’t let
the fun interfere with the wedding events. At one wedding I attended, the groom and his Navy
buddies decided to get a head start
on the bachelor party. Unfortunately, the groom had too much fun
a little bit too early. He showed up
an hour late to the rehearsal, falling
all over the place and reeking of
whiskey. The bridal party was literally taking bets as to whether the
wedding would go on.
#4: Don’t get married on the
day of a major sporting event if
you want to be the center of
attention. When my cousin got
married in Cleveland on the day of
an Indians playoff game, all eyes
were not on the happy couple. Three
tables brought television sets that
they had on throughout the recep-
tion. Luckily, my cousin didn’t care.
He is an Indians fanatic, and often
stopped by the different tables to
check out the score. The bride was a
little less amused.
#5: Not everything will be
perfect, so deal. The most important thing to remember is that
Murphy’s Law is always in full force
— even at weddings. For example,
my wedding was horribly hot. It
was about 90 degrees and there was
no air-conditioning in the church.
Matt and I were drenched — we
looked so disgusting that we ordered hardly any post-wedding pictures taken in the church. However, we supplemented our album
with some great outdoor pictures.
At our thankfully air-conditioned
wedding reception, my very drunk
maid of honor stepped on my dress
during the chicken dance and ripped
my train. So, I just changed into my
“going-away suit” a little early.
At another friend’s wedding, held
in the same church as mine on another 90-degree day, a bridesmaid
passed out during the ceremony.
Luckily, one of the other bridesmaids was a doctor.
At another wedding, the caterer
completely forgot the cake. So, the
servers shuttled around gorgeous
plates of cookies instead.
With all of these weddings where
mishaps occurred, including my
own, it is important to note that
every couple is still happily married and considers their wedding
day to be one of the best days of
their lives. So, if things don’t go
exactly as planned, remember two
words — “open bar” — and it will
all be okay.
American History Month: Black Perspective
by Nicole Valentine ’02
The American story is one of accomplishment, revolution and equality. It is also a story of struggle, oppression and hope. If we picked up a
history book and turned to a page of
the past, we may find the story of a
group of people who arrived to America
by ship. These are Pilgrims. These are
disenfranchised citizens of Great Britain. These are explorers. These are
African slaves.
Although our ancestors used the
same mode of transportation, the story
of their lives took different routes,
paths, and directions.
We must not deny the contributions that have been made by those
who invested in America. Americans
of African descent have shed blood,
sweat, and tears to create the America
we all enjoy today. Some may argue
that this is no different from what
other great men and women have
done to preserve American ideals and
security.
However, Africans in America performed many of their feats while in
bondage. Knowing this truth has
wealth beyond measure. The story of
human survival is the story of America
and we must celebrate the wealth of
our history.
I challenge the U.Va. community
to read an American story in celebration of a month set aside by Dr. Carter
G. Woodson to promote true American history. I suggest exploring the
lives of Sojourner Truth, Ralph
Bunche, Booker T. Washington, Mary
McCleod Bethune, and Benjamin
Banneker, for example.
Did you know that our Nation’s
Capitol was designed by one of these
aforementioned greats? Are you aware
that a true American inventor designed the stop sign? Can you believe
that Americans from Africa fought in
every war since the inception of
America? If we truly knew and appreciated these realities, I predict we
would have a stronger America and
we could get further than where we
are today.
paper, is the French Quarter losing residents? Why yes it is, and
thank you for telling me all about
it. Tell me Mr. Blue, what’s going
on in the Middle East these days?
Well there we go, and all neatly
wrapped up in two short paragraphs. Tell me Mr. Blue, how do
parents rank the messiest rooms
in the house? Who woulda thunk
it that 12% of parents ranked the
kitchen as the messiest room? And
what a nice little picture with your
nice little graph.
Let’s see if you know what’s
going on in Indiana today, Mr.
Blue…since you seem to know everything else. You don’t say! Tony
McKinley, who holds the local arrest record in Muncie, made a deal
to stay out of jail. At only 41 years
old, dumb Tony has been arrested
79 times for offenses involving intoxication. What a nice judge. He
suspended his sentence on the condition he seek treatment for “possible alcoholism.” Now that’s just
dumb, Mr. Blue…that’s just dumb.
What’s that on your back Mr.
Blue? Pretty colors! And so many
of them! Uh, oh, light blue means
cold! Well, at least it’s 59 degrees
in Ecuador. Gee, you sure are
smart, Mr. Blue.
I haven’t forgotten about you
my pretty little lady…yes that’s
right, my Purple princess, I’m not
through with you just yet. Oooh,
and look what you’re wearing today my pretty girlfriend
…Hannibal setting records at the
box office, the next generation of
kiddie toys, and, oh that’s
sweet…Bobcat Goldthwait is getting married to a sexy sitcom actress from the WB. I always knew
he’d find true love. But wait right
there young lady, where’s my
Nielsen ratings! I don’t see them
anywhere! Oh, baby, I’m sorry, I
didn’t mean to use that tone of
voice…do you forgive me? It’s just
that I’m under a lot of stress these
days…. That’s a good girl…I know
you’ll put them in tomorrow.
Yes, Grandpa Green, I hear you
calling. But you’re just a bit too
smart for me today, and I’m just a
little too poor for you. I’ll get to you
this summer. For today, I’ll just
leave you sitting here on this
chair…in the shade of course…
where I’m sure you’ll meet some
lovely third-year to while away
the day playing checkers. See you
next Thanksgiving, Grandpa
Green!
Goodbye, my dumb friends! I
bid you adieu for the land of the
smart. Though I don’t know if I
belong there anymore after spending time with you.
To the AFC’ s Musical
Programmer:
Have you no decency? A person
cannot exercise to the sounds of
Whitney Houston, no matter how
hard they try. The other day, you
played “I Will Always Love You.”
Twice. In less than an hour. This
crosses the line from bad taste to
Cruel and Unusual Punishment.
Other offenses include repeated use
of Phil Collins, Pat Boone(!), and
the arch-nemesis of fitness: Mariah
Carey.
Ben Block, a thirdyear law student, is
a Law Weekly
columnist.
Maybe you have not considered
the detrimental effects Muzak can
have on a workout. Haven’t you
noticed the increasing muscular
atrophy among patrons who frequent your facility in the 11 a.m. to
1 p.m. time slot?
I watched one poor individual on
the bench press right as program
changeover time occurred. He went
from being able to crank out ten
repetitions at 225 pounds to gasping for breath as the bar crushed his
neck while Neil Diamond crooned
“Coming to America.” Had it not
been for the quick reactions of his
spotter (who, perhaps, has a bit of
an unhealthy Neil Diamond fetish),
tragedy would have ensued.
Your practice flies in the face of
physiological research. Nine out of
ten experts in physical fitness agree
that Phil Collins sucks. The Surgeon General warns “I Will Always
Love You” is a leading cause of weakness in young males. When Mariah
Carey works out, do you think she
listens to herself singing? No! Stop
the madness, please.
Perhaps there is confusion as to
the role of the AFC. It is not a
dentist’s office. People go to AFC to
spend their “one hour a day” engaging in Thomas Jefferson-approved
activities. Music with a primary goal
of making one’s stomach curl is not
needed: the incline sit-up bench does
just fine, thank you.
Does the playlist have anything
to do with facility overcrowding in
the wake of New Years’ Resolutions? Are you thinning the herd? If
so, then maybe it’s okay, but please
be aware that in addition to “thinning,” the herd is also getting flabby,
tired, and a little bit cranky. Most of
the two-week wonders have gone
back to their sofas, so I think its safe
to play something with bass. (Read
that last line carefully: it says with
bass, not Ace of Base!)
Or is this some social experiment? If this is really just some test
that the kids over in experimental
psychology talked you into, then
fine. I have no doubt that they can
prove that listening to this music
really can make you a wuss. But
normally, don’t people get paid for
participating as lab rats? Well, I
haven’t seen any checks, so cough
up or change the channel, okay?
Another theory is that you are in
cahoots with the portable-CD/MP3
player industry. Repeatedly playing music designed to turn one’s
brains, heart, and body to mush is
thus some illicit tie-in operation
aimed at getting us to plunk down a
couple hundred bucks on
Walkmans. Are you aware of the
antitrust laws in this state? Well,
neither am I, but I bet they are
pretty stiff.
Or are you just trying to force
everyone into the new fitness craze
of super-slow repetitions of very light
weights? I read in Newsweek that
20 minutes a day, three days a week,
is all one needs to lose weight and
get in shape. It would just be nice if,
rather than trick us into this technique by musical suggestion, you
could maybe hand out a pamphlet
or something explaining just how
this program is supposed to work. It
would probably be a lot more effective that way.
Please understand where I am
coming from. I am a not too irregular patron of your facility. I have
never once complained about having to pay to park, or that you charge
25 cents to use a towel that can
absorb approximately three drops
of liquid before becoming useless.
I will never publicly mention that
the smoothies in the snack bar are
overpriced and rather bland. Receiving complaints that the pool is
open to non-swim team members
less frequently than Bushwood’s
was for the caddies? Didn’t hear it
from me.
But please do pass along to the
“locker room distribution specialist” my confusion over why, if there
are only four patrons using lockers,
they must be crammed into one tiny
end of the room. Is this to improve
camaraderie in exercise? Perhaps
we should discuss your playlist
whilst we change?
6
Sports
Virginia Law Weekly
Friday, February 16, 2001
Sports Special:
U.Va. Men’s Basketball
Hoos Stomp Blue Devils in Giant W ednesday Night W in
Virginia Coach and Players, Duke Players, Speak with the Law Weekly
by Amy Collins ’01
University Hall rocked Wednesday night as the U.Va. Men’s Basketball team defeated ACC behemoth Duke, 91 to 89, before a soldout audience — some of whom had
been camping outside for four days.
After third-ranked Duke won
the tip-off but missed their first
shot, U-Hall came alive and never
let up. Travis Watson’s dunk three
minutes into the game set the tone
— steady trades of hotly contested
baskets keeping the score close,
punctuated by an occasional crowdpleasing Watson or Adam Hall
dunk, or a Keith Friel or Roger
Mason three-pointer.
Twelfth-ranked Virginia led at
the half, 46 to 42, but lost that lead
five minutes into the second half
under a torrent of Duke threepointers. They began to look alive
again, grabbing the offensive rebounds they had been largely missing in the first half, and reached
their biggest lead of six points with
13:48 left to play.
Within a minute, however, Duke
substitute Casey Sanders missed
two free throws in a row — and as
Virginia second-string forward
Stephane Dondon looked intensely
across the lane before the second
shot, he was probably already planning the comeback.
With a Dondon three-pointer at
the 10:30 mark, Virginia regained
the lead. That this was only
Dondon’s second game back after
a sprained big toe makes his clutch
plays even more impressive.
With only 14.3 seconds left to
play, the game was tied at 89 after
two good free throws by Duke’s
starting forward, Shane Battier.
Adam Hall answered with an easy
lay-up after a dish from Roger
Mason, Jr., giving U.Va. the lead
with 0.9 seconds to play.
Students
beginning to
rush
the
court had to
be pushed
back by the
players, giving Duke one
last chance.
Dunleavy’s
cross-court
throw was intercepted by
Hall as the
b u z z e r
sounded, and Virginia had accomplished the unexpected.
When the dust cleared after a
tense 40 minutes containing eight
lead changes, three ties, and no
lead larger than eight points for
either team, the assembled Virginia fans finally got what they
had been waiting to see — a floor
full of celebrating students and
exhilarated players.
Perhaps the key to Duke’s difficulties was the early foul trouble
of starting forward Mike
Dunleavy, who had already accumulated three fouls ten minutes.
Dunleavy played only 13 minutes
of the game, contributing just five
points to the Duke cause.
Duke center Carlos Boozer was
held to just six points, as the Cavaliers’ close man-to-man defense
kept Duke from getting the ball
v.
inside. When they did get the ball
inside, Duke came up short against
a fence of Hall, Chris Williams
and Watson.
The audience held nothing
back, holding signs reading, “Duke
Girls are Ugly / U.Va. Girls are
Hot,” “You’ve Got No ‘J,’ Ason Williams,” and, in a tribute to
Valentine’s Day, “Roses Are Red,
Violets are Blue, I Hate Duke,”
How Far They’ve Come...
S. Dondon
J. Dowling
K. Friel
A. Hall
D. Hand
J. Hare
G. Lyons
by Tillman Breckenridge ’01 olden days, that was all us kids had to
Tomorrow, the U.Va. men’s bas- look forward to — a win over Clemson
ketball team travels to Tallahassee to — and a nice pair of shoes so that we
take on the Florida State Seminoles. didn’t have to walk five miles barefoot
Aren’t you excited? Oh. Well, you in the high Charlottesville snow drifts
to get to class. Now, things are differshould be.
As I am writing this, I have abso- ent. The players are (or at least seem
lutely no idea what the outcome for to be) good guys who keep their noses
the Duke game will be (or as you’re clean, and they’re winning.
It is a great feeling these days to see
reading it, the outcome of the Duke
game was), but the bottom line is that people walking around Grounds upit really doesn’t matter…much. Of s e t that the team has lost two
straight road games at N.C.
course, if the Cavaliers won, then you
State and at Georgia Tech.
have been seeing me floating
While these teams are cerabout the halls with a
tainly not behemoths, I can
smile on my face for the
remember a time just a
past two days. But if Duke
short while ago when those
won, I’m still happy.
losses were a given.
The reason is January
Pete Gillen has
17, 1999. On that fateful day,
n
brought to this team an
I went to the Clemson game
ille
G
e
up-tempo style, a pressing dewith a few friends of mine from
Pet
fense, and a flair for the spectacular
college. The team was still reeling from the loss of several key play- that makes the games exciting. The
ers to criminal behavior two years team is also starting to build the conbefore and had lost its first four con- fidence it needs to win games against
ference games. That year, analysts the big boys. When all is said and done
had predicted that the Cavs would go this year, the Cavs will have made the
an unprecedented 0-16 in conference NCAA tournament, and with any luck,
games. That day, Donald Hand will have advanced.
Unfortunately, most of the team’s
dropped 27 points on the Tigers and
leaders — Donald Hand, Chris WillU.Va. proved the analysts wrong.
That was the dawning of a new iams and Adam Hall — have seen the
attitude for basketball here at U.Va. lean times. Sometimes, one can see
It was a sign that the bad times would them almost wondering to themselves
soon be over and that coach Pete whether they really are a different
Gillen really could be the savior. Gillen team than those a few years ago that
inherited a team that had lost its went 3-13 and 4-12 respectively in the
leading scorer because he beat his conference. That needs to change. The
girlfriend and had to leave the Uni- Cavaliers need to recognize that they
versity (now in the NBA after a stint are a new team that can play with the
at Fresno State), a top prospect be- best and sometimes win.
The University provides us with a
cause he slashed a football player on
a basketball court and was serving free (at least marginally free) pass to
time in prison (now playing ball at Mt. the basketball team’s home games.
Saint Mary’s), and two good players Take advantage of it. Show the playthat got the boot from Honor for steal- ers that things are different. Enjoy
ing clothes (who knows where they the chance to watch a really good
are). Gillen took what was left, and basketball program. There are only
two home games left: North Carolina
beat an ACC team.
Everyone at University Hall was on the 25th, and Clemson on the 28th.
so excited, they stormed the court If they beat Clemson again, though,
after beating Clemson!!! Back in the don’t expect anyone to storm the floor.
and “Valentine’s Day Massacre.”
The 8,242 fans packed into U-Hall
baited Duke star forward Shane
Battier, chanting “’Hoos Your
Daddy, Battier.”
Virginia coaches and players
alike credited their dedicated fans,
including many law students, for
the win: “We couldn’t have won
without our students and fans from
the community,” U.Va. coach Pete
Gillen said shortly after the game.
Double’Hoos can’t
remember
anything
like the excitement
that surrounded
this game,
Virginia’s
first win
over Duke
in their past
13 meetings.
“I haven’t been this excited since
we beat Florida State when I was
an undergrad here,” said thirdyear Matt Boscher at the game.
“Law students are great — with
all the work they have…the fact
that they spent…two days waiting out for this game — I’m flabbergasted. It’s unbelievable,”
Gillen told the Law Weekly.
Gillen said that he loved that
this win was shared by the entire
U.Va. community — graduates
and undergraduates, faculty and
staff alike. “It was a Virginia moment,” said Gillen. “I hope the
students feel pride in their university.”
After the game, there was a
rare atmosphere of defeat in the
Duke locker room. “It was a big
game for both teams; they wanted
it a little more and came out with
the win,” Dunleavy told the Law
Weekly.
“It was hard,” added starting
guard Jason Williams, “They play
really well. They outplayed us.”
Williams also credited the Virginia fans with a part in the win:
“The fans are like this all the time
when we’re here — it’s rough. I
know I couldn’t make a shot.”
The fans packed into U-Hall
were largely garbed in orange, due
to Gillen’s e-mailed request to the
student body and the distribution
of hundreds of bright orange “Virginia Basketball” t-shirts to students entering the game.
Gillen admitted that he was a
little concerned about the orange,
as the last time the team asked
fans to wear orange they lost.
“Wake beat us like a rented mule
in the orange,” Gillen said, adding
that he went with the orange anyway because the community was
already rallying for it.
Welcome to Hooville
by Amy Collins ’01
They were there for five days,
surviving only on meager rations
and the warmth they could muster
inside their tents. These inhabitants
of “Hooville” had no phones, no television, and no microwaves. But hey,
they got the best seats at the Virginia/Duke basketball game Wednesday night.
Beginning early last Saturday
afternoon, graduate and undergraduate students alike camped out
by the south entrance to University
Hall, waiting in line to be the first in
when the gates opened for the 7 p.m.
game Wednesday night (see article
above), a testament to the sudden
immense popularity of the U.Va.
men’s basketball team. Spread out
in sleeping bags, students slept, studied or played cards.
“It was great — people were sleeping in garbage bags in the rain, and
they didn’t give a rat’s ass,” said
third-year law student Pete
Ashcroft. “It was just full
of U.Va. love.”
As soon as the first
tent popped up, others
jumped in line: “We
always sit on the
floor, so we started
checking [for a line]
Ho
Friday night around
ovi
lle
six or seven,” said third-year
undergraduate Blair Putnam. “I live
at U-Hall this week.”
The tent city was soon dubbed
“Hoo-ville.” Fourth-year undergraduate T.J. Zitkevitz explained that the
name was chosen in an attempt not
to imitate Duke’s custom of naming
basketball-motivated tent cities after the coach: “We didn’t want to copy
Duke with ‘K-Ville,’ so we went with
Hooville’ rather than ‘G-Ville’.”
By Monday evening, still 48 hours
before game time, there were 50 to
60 people sleeping out to preserve
their spot in line, according to
Zitkevitz, one of the first in line. The
numbers doubled by Thursday night.
“We always want the same seats
for every game,” Zitkevitz said in explanation of his group’s arrival Saturday afternoon. “They’re the ones next
to the visitor’s bench.”
This is the first time, Zitkevitz
said, that his group has ever camped
out for more than one night. So why
the quadrupled effort this time? “This
is actually going to be one of the first
times two almost Top Ten teams will
play at U-Hall, like Maryland last
week,” noted Zitevitz.
The rules of Hooville are simple —
groups in line could be as large as 12
people, and at least one member of
each group must be present at U-Hall
at all times. “You need a replacement
if you leave…it’s the honor system,”
explained first-year undergraduate
Beth Watson.
A large poster on the wall detailed
the members of the group in line each
of the four gates at the student entrance, so that the campers did not
have to stay in a strict line — 100
groups were on the list by game time.
The die-hard fans had confidence
that they were waiting to see
a victory over the
higher-ranked Duke
team: “This time we
have a chance to beat
Duke,” Zitkevitz said. “We
play really good at home,
and we took them to overtime last year over Christmas break.”
The campers were quick to note
that the basketball organization took
care of them in exchange for their
support, providing them with dry
sleeping quarters in Onesty Hall,
power cords for electricity in their
tents, and even pizza delivered by
Coach Pete Gillen’s staff on Tuesday
afternoon.
“The school’s been really helpful,
trying to organize this last minute,”
said Zitkevitz, “We didn’t expect electricity, and we didn’t expect to be let
into the Cage — and even better,
pizza!”
M. Mapp
R. Mason, Jr.
J.C. Mathis
J. Rogers
T. Watson
C. Williams
M. Young
photos courtesy of the ACC, with the exception of “Hooville,” by Brian Gist
Virginia Law Weekly
Reviews
Friday, February 16, 2001
7
The People v . Crouching T iger, Hidden Dragon
Like its rooftop-vaulting heroines, Ang Lee’s Crouching Tiger,
Hidden Dragon has steadily leapt
its way up the box office ranks and
into pop cultural consciousness
since its limited December opening.
Movie Review
by Howard Chang
and Ben Block
Now that Crouching Tiger is
showing on over a thousand
screens nationwide, including
Charlottesville’s own modest art
house, Vinegar Hill, we granted
certiorari to determine the merit
behind the critical admiration
universally bestowed upon the
film.
Facts: Filmed entirely in Mandarin Chinese and subtitled for
English-speaking audiences,
Crouching Tiger chronicles the
hubbub that ensues in Beijing
when a slender, masked thief surreptitiously pilfers the precious
sword known as “Green Destiny,”
a gift given to a local nobleman by
the world-weary, legendary
swordsman Li Mu Bai (Chow Yun
Fat). Li Mu Bai, with the help of
his friend Yu Shu Lien (Michelle
Yeoh), recovers Green Destiny
while simultaneously avenging his
old master’s death and attempting to discipline the fiery, but
untempered martial talents of an
aristocratic firecracker, Jen Long
(Zhang Ziyi).
CHANG, C.J. For audiences depending on what must be a deliberately terse subtitled translation,
the rather intricate plot will
probably yield to a more abstract understanding of the underlying themes in Crouching
Tiger, which are compelling
and often poignant in their own
right. The perseverance of
women living in a culture of
captivity manifests itself with
interesting nuance among
three starkly different female
characters. The unfulfilled love
between friends long separated
by a code of honor provides the
film’s emotional foundation and
enhances the pathos of its conclusion. The ultimate maturation of a hubristic youth plays
like a modernized Greek tragedy,
chorused in Mandarin and quietly
redemptive. With Crouching Tiger, Ang Lee has made more than
a masterful martial arts
showstopper. He has crafted an
emotional, period action-epic that
deserves recognition as one of the
most memorable foreign films in
recent history.
But the fight scenes do deserve
their own explication. Choreographed by Yuen Wo Ping, the
fanciful battles in Crouching Tiger easily outshine the martial arts
expert’s prior ground-breaking
work in The Matrix. In that film,
the audience accepted that Keanu
Reeves and Lawrence Fishburne
could leap incredibly in the throes
of kung fu combat because they
were operating in a computer
world whose secrets they had uncovered and were capable of manipulating. In Crouching Tiger,
photo courtesy of Sony Pictures Classics
the audience must suspend its disbelief from a different perspective
when heroes fly through the air,
bound from rooftop to rooftop, balance on tree limbs, and tiptoe
across the surface of lakes with
the timbre of traditional Hong
Kong action films. The audience
should view the impossible as it
acknowledges the magic of Merlin
and Excalibur, another set of nonrealities situated in a historically
accessible, but distant culture. If
that can occur, the magic of the
images will need no translation at
all.
BLOCK, J., Concurring in Part
and Dissenting in Part. Certainly,
this is a beautifully-made film.
The cinematography is astounding and the musical score provides
the perfect accompaniment to ev-
Reviewing Feb Club Fiestas
by Jackie Sadker ’02
‘Tis the season to be, well, whatever the theme of the night happens to be — this is Feb Club. Law
students from all around the top
ten envy us as we spend an entire
month dressing up in costumes
and socializing with other slackers. Oh, and drinking too, or so I
hear.
Since February is half over, a
midpoint review of this year’s festivities is in order. While no
Smash-a-Thons have emerged,
most people agree that there have
been respectable turnouts all
around.
For those of you (first-years and
visiting faculty) unfamiliar with
the Smash-a-Thon, it was dubbed
the Feb Club Party of the Century
by someone. Maybe that was me.
But the party hosts actually
hoisted items ranging from pumpkins to laptops off a very tall crane.
What’s not to love?
For those of you unfamiliar with
Feb Club, stop what you are doing
and get yourself to one of these
theme parties. This is the reason
you are not at Chicago.
Second-year Brian Rocca accurately describes the criteria for
this Feb Club review, “The best
Feb Club parties are the ones that
don’t run out of alcohol, and where
everyone, not just the friends of
the host, feels welcome.” Rocca,
his roommate, and neighbors
hosted Tuesday night’s packed
Heaven, Hell, and Purgatory party
which contained plenty of both
alcohol and people, proving that
some people practice what they
preach.
Another highlight so far, based
on an extremely scientific poll of
random law students, was Temptation Alderman, an entire party
based on my new favorite show.
Sadly, semi-celeb Tom Ritchie was
nowhere to be found — perhaps
reliving those memories would
have been too traumatic. The solid
performance by the go-to hosts at
Rugby Road has also inspired
praise. Eighties gear was in season as law students blended right
into the “Me decade.” Go figure…
Other early favorites include
Law Review’s tavern takeover, boy
band numbers, and erect superheroes descending on the Corner.
The most common complaint
regarding this year’s Feb Club has
been, believe it or not, a shortage
of beer. One attempt at a Saturday night party turned into a tragi-
cally dry pumpkin at midnight,
prompting some unforgiving upper-classmen to refer to the party
as “amateur night.” The least favorable reviews were for the dry
party: “Worst idea for a Feb Club
party ever is a dry party where the
guests were told after they showed
up ‘this party is only going to last
19 more minutes.’ I thought Betty
Ford was supposed to be nice.”
Third-year Ben Cohen, the Feb
Club king, has never missed a
party in all of his three years here.
In his very expert opinion, the
best party so far this season was
the Heaven, Hell, and Purgatory
around-the-world extravaganza
because, “everybody seemed to be
happy and having fun.” He also
gave high marks to the dark horse
Fire and Ice, the Law Review Tavern party and the BLSA suite at
the Omni. His Feb Club philosophy: “It’s a little mini-adventure
every day. Will it be fun? Will it
suck ass?”
Third-year Andrew Dubill sums
up the Feb Club experience, “I can
think of no better way to spend a
Monday night than chasing some
rotgut whiskey with some warm
flat beer.”
photo courtesy of Matt Eisenbrandt
ery scene. And yet I was still
troubled by the plot; perhaps more
accurately, I left with a sense of
disappointment that either a)
I didn’t understand the movie
and that’s why I didn’t love it;
or b) I did understand it, but I
still didn’t love it. Given the
hype surrounding the film,
somehow I expected more.
The magical realism did not
upset me. To the contrary, the
film resembled a Gabriel
Garcia Marquez novel with moments of reality interspersed
with flashes of fantasy. But
Marquez novels also develop
their characters to heighten the
reader’s interest. And that is
where Crouching Tiger fell
short. Perhaps, as my learned
colleague suggests, this emotion
was lost in the translation. In any
event, the viewer’s emotional capital is left untapped. Li Mu Bai and
Shu Lien take stoicism to a new
level, and this made it hard for me
to really care whether they ever
got the sword back. It sure didn’t
seem to matter much to them.
Most troubling to me was Jen’s
character. Why a spoiled princess
received such unwavering support
from every other character in the
film (be they good or evil) remained
a mystery to me. Li and Shu
stonefacedly adopted her as their
protégé, but never explained why
they needed a pupil in the first
place. Too much of the background
remained unrevealed: The plot line
mentions the Wudan and the
Guang Hi, presumably rival forces
in the struggle for power, but never
explains what really is at stake.
Unless the lesson was that good
looks should inspire unmitigated
devotion — and certainly Ang Lee
had something more in mind — the
film failed to deliver its message.
He Said, Heep Said: A
Trip to the Old Countr y
Nestled
just
south
of
Charlottesville’s shopping mecca,
Fashion Square Mall, Old Country Buffet is one of the area’s most
ballyhooed all-you-can-eat experiences.
C’ville Dining
in a Nutshell
by Jason Heep
&Carsten Reichel
For those expecting a true taste
of the old country, however, you
should be aware that nary a Sicilian was in sight … capisce? With
its culinary focus squarely on generic American fare, Old Country’s
décor was equally nondescript but
sparkling clean. Sporting six islands of food, it is one of the area’s
larger buffets.
Heep: Having built up an appetite, I was giddier than a 1L checking ISIS upon arrival. I went
straight to the food bar. Carsten,
however, was distracted looking
for Barrister dates. He was eyeing
the lady patrons; I was eyeing the
spread of food. Both of us were
disappointed by the selection.
Carsten: The first thing I can
say about this place is that there
definitely was some truth in advertising — the Old Country Buffet was certainly old. I’d say there
were more wrinkles and heads of
gray hair in the restaurant than
in last month’s edition of Silver
Foxes magazine. I kept waiting for
the Lion’s Club meeting to come to
order, but it never happened.
Heep: After my first go-round,
I was about as excited by the possibilities of this restaurant as I am
by a Scott Fink e-mail. I pushed
on, and in anticipation of the release of Hannibal, made sure I got
some liver from the bar. I also
scooped on some macaroni and
cheese, which was saltier than
even the Vanguard of Democracy.
Carsten: The large signs over
the individual bars guided me to
my first stop — “Meats.” I was a
little disappointed by the selection here, ultimately settling for
the last scraps of pot roast and
some baked chicken. Both were a
little like Natty Light from a keg
— good enough if that’s all they
have, but probably not worth paying for.
To supplement the paltry meat
selection, I sought refuge in the
“Entrees” bar. Here, I was surprised to learn that cornbread and
cinnamon rolls qualified as entrees. As I returned to the table, I
am sure I heard some child told,
“If you don’t eat your cinnamon
roll, you can’t have any pudding.
How can you have any pudding if
you don’t eat your cinnamon roll?”
Heep: With my second plate
loaded down with cinnamon rolls,
French fries, and ketchup (which
was, surprisingly enough, not
listed as a vegetable), I ate fast
with the goal of finding something
decent. This tactic failed. The cinnamon rolls tasted no better as an
entrée.
Carsten: I knew I was in trouble
when I wound up taking my second trip to the salad bar. Here, I
found a sampling of mayonnaisebased salads which would put your
average church potluck to shame.
I went with a chicken pasta salad
that was creamier than Heep’s
thighs and added on a spinach
salad for good measure. The available vegetation was a lot like
Heep’s sense of humor — fresh,
but remarkably limited.
Heep: I looked across the table
at Carsten and noticed he wasn’t
attacking his food with the usual
gusto. Was it the crappy food or
that he was afraid he wouldn’t fit
in his outfit for the Ball (he was
planning on wearing just the
pants, bowtie, and cummerbund
from his Chippendale days)?
Carsten: By this point, I was
ready for a beverage. Unlike most
buffets, Old Country included a
drink bar in its $7.99 price. I like
my drinks like Heep likes his
women, so I went for something
that was dark, thick, and went
down easy — a glass of chocolate
milk. This was probably the highlight of the meal.
Heep: By this point, my expectations were as low as Carsten’s
girlfriend’s. I went for some dessert, only to find that the cheesecake was as tasteless as the couples
who were making out at 2:30 a.m.
in the elevator at Barristers.
Carsten: Dessert was an appropriate ending to the experience
— desperate to find something
which would leave me feeling better about myself, I loaded up. Banana pudding, chocolate cake,
apple crisp, peach cobbler, and a
“cheesecake” which bore a remarkable similarity to Cool Whip on a
graham cracker. The pudding was
thin, the cake dry, and the cheesecake, I believe, carcinogenic. My
lone hit of the trip came with the
peach cobbler, which was groingrabbingly good.
Heep: Overall, I have as much
chance of returning to this place
as Carsten has on Temptation Island.
Carsten: This buffet offered
fewer choices than an SBA election, the food was as predictable
as the results of the Dean search,
and much like a Tuesday night
Feb Club party, you’d probably be
better off not going. Screw
Flanders.
8
Law School Life
Virginia Law Weekly
Friday, February 16, 2001
ANGUARD We’ve Got the Biggest (Barristers) Balls
of Them All
V
OF
DEMOCRACY
The yearly debacle that is the
Barristers Ball (a.k.a. the Nerd
Prom) has historically provided
more juice for this column than
any single event on the calendar.
And while this year’s Ball lacked
the drunken histrionics of years
past — e.g., no Bulgarian-induced
bouts of fisticuffs nor any particularly ugly public break-ups — the
event didn’t lack for fodder.
At the outset, let’s save everyone some trouble and issue a blanket tsk-tsk to those of you who
behaved badly during the course
of the night. The poison pen of VG
can only report so much...and
frankly, there’s some stuff we don’t
even want to know about.
The first item of interest should
be filed under the heading, “We
are women, hear us kvetch.” A
“girls-only” pre-Barristers’ party
organized by 3L L.H. at the home
of 2Ls P.H., S.C., and K.F. became
the source of some controversy
when efforts to admit males met
with a rawther testy response, particularly by 2L E.M. and 3L L.G.
An estrogen-induced disaster
was eventually averted by a compromise which allowed dateless
males to enter the party — but
much like feeding time at the zoo
and conjugal visits at the county
jail, the boys were only allowed in
for an hour. Later in the evening,
the ladies amused themselves by
playing “Hook-Up Yahtzee!,” attempting to abscond with others’
dates. The runaway winner: 3L
M.S. Hell hath no fury…
Hook-up highlights of the
evening include 3L J.A.’s latenight rendezvous with friendly
neighborhood 1L Cheryl; 3L A.G.
making a case for himself as the
Law School’s “Mr. International”
after showing up on the arm of
LLM S.W.; and 2L R.G. arriving
with 3L A.B. We assume the latter
couple had an enjoyable evening,
as R.G. was seen being dropped off
the following morning by a brightred car with “Buchko” plates.
However, the evening was not
without casualties, as behemoth
2L S.R. opened a door on an unidentified female’s face, causing
much bleeding and crying. Further, 3L G.S. nearly set his tux
ablaze while reaching for a basket
of bread during a pre-Ball dinner.
Note to all our gay friends: It’s
sufficient to announce that you’re
out of the closet; it’s not necessary
to literally become “flaming.”
That’s just dangerous.
Tempted By the Fruit of An-
other: Despite the best efforts of
3Ls B.P., H.B., B.J., and N.A., last
week’s “Temptation Alderman”
proved to be worthy of its considerable hype.
The inexplicable star of the
evening was N.A. himself, as
hordes of women avoided the downstairs keg bottleneck and flocked
to do shots in his bedroom. This
wily 3L employed some serious
strategery by announcing a rule
that all shots had to be done off of
his admittedly buffed body — and
though many put their mouths on
N.A., it was 3L L.P. who ultimately
won the war of attrition.
On another front, 3L L.G. spent
the night behind closed doors talking with 1L Joe (sorry for all the
first names, folks, but this is where
a hard-copy facebook would come
in handy).
The real casualty of the evening,
though, was fashion. 2L G.R. and
3L M.H. abandoned their usual
Abercrombie conventions and
went native in an attempt to dress
like their favorite “Temptation
Island” characters.
In addition, “Bizarro D.N.,” a
1L by the name of Geoff, dressed
up in a revealing floral-print number that had even the most inebriated party-goers scratching their
heads.
For the record, Geoff, just because you bought it in Fiji, doesn’t
mean it’s not a skirt.
VANGUARD OF DEMOCRACY is an
independent column of the
North Grounds Softball League
and does not necessarily represent the views of the editors of
the Virginia Law Weekly.
PHOTO GALLERY
photo courtesy of Matt Eisenbrandt
“I’m...too sexy for my
shirt...”
photo courtesy of Jesse Pannoni
photo courtesy of Kevin Sullivan
“So sexy, it hurts.”
“We’re...too sexy for shame.”
THE Weekly Crossword
Top Ten LL.M. Clarifications
Edited by Wayne Robert Williams
by Peter Oberholzer, LL.M.
LOOK SHARP
By Frances Burton, Summerville, Georgia
ACROSS
1 Eschew
5 Ascend
10 Brazilian dance in duple
time
15 Gone by
19 Weight of one silver rupee
20 Emulsifying agent
21 Zodiac sign
22 __ of Dogs
23 Present starter?
24 Glare with fury
26 Fictional sleuth Charlie
27 Ground grain
28 Concurred
29 SSS classification
30 Hrbek or McCord
31 Affected person
33 John Quincy or Samuel
35 School kids
37 Helps with the dishes
39 Arena cheers
41 Lost traction
42 French pets
45 Shipshape
47 Figurative uses of words
51 Norway’s capital
52 Shepherd’s stick
56 Leprechauns’ land
58 Sidestep
59 Shoulder wrap
61 Potted household favorite
64 Sicilian peak
65 Browned
67 Neighborhoods
68 Frozen dessert
70 Composer Satie
72 Wapiti
73 Mexican bread
74 Lounging attire
78 Hideaways
80 Writer Ellison
85 Taj Mahal city
86 Located exactly
89 “Moonlight Gambler”
singer
90 “I Can’t Make You Love
Me” singer Bonnie
92 Actress Ward
93 Jewish feast
95 Westerns author Grey
96 Dieter and Lou
98 Carpenter’s groove
100 Studied, but not so
much?
102 Customary time
104 Socially inept loser
106 More mature
107 Rights to enter
111 Salary increase
113
Satellites’
paths
117 O v e r whelming
defeat
118 Against:
pref.
120 Gaps
122 Med. sch.
course
123 Sci. or
math, e.g.
124 E m b r o i dery on
canvas
126 “__, Mia”
127 P o p u l a r
cookie
128 Recently
129 S i n g e r
Fisher
130 Half hitch
or bowline
131 C r a s h site grp.
132 M i s s i s s i p p i
quartet?
133 M a r s h
grasses
134 Sound stages
DOWN
1 Trample
2 Path starter?
3 Bones in forearms
4 Established conclusively
5 Compensations
6 Block up
7 Greek marketplaces
8 Enjoyed
9 Make beloved
10 Give in to gravity
11 Jason’s ship
12 Bearings
13 Crushable hats
14 Battery mate?
15 Examined item by item
16 Deathly pale
17 Particular bias
18 Campers’ residences
25 Clio Award winner
32 Internet address: abbr.
34 Diplomas casually
36 Nearly hopeless
38 Guessed figs.
40 Put to sea
photo by Brian Gist
“...And we shake our little tushes on
the catwalk.”
Solution on p. 4
10.
9.
8.
7.
6.
5.
4.
3.
2.
1.
No, International is not a synonym of Interstate.
Yes, if you win the “World” Series, you might be the best
team in the world, but just because no one else cares.
No, when you think you eat Swiss cheese, it is not Swiss
cheese, but yes, good food really exists.
Yes, you can have election results in less than a month.
No, 1-800 is not the only way to deal with customers, and no,
“my phone call is not very important to you.”
Yes, the “Bar Charts” might be World’s #1 but they are
useless outside the U.S.
Mr. Bush, the name of India’s prime minister is Vajpayee.
No, in real FOOTball you do not touch the ball with your
hands.
Yes, you can live without a gun.
No, it does not hurt to laugh about yourself.
Submit your top ten list to Jackie Sadker, Features Editor, in SL
279 or via email at [email protected]. Please have entries in by 5 p.m. on Tuesday for the following publication.
42 Work station
43 Employee protection
agcy.
44 Heroine of “The Good
Earth”
46 Meandered
48 __ de foie gras
49 “So Big” and “Show
Boat” author Ferber
50 Connection line
53 Stirred from sleep
54 In favor of
55 Gravy-train passenger
57 Noun-forming suffix
60 Lascivious look
62 __ Lama
63 Pianist John
66 Hit the dirt
69 Fossil fuel
71 Sacred bird of ancient
Egypt
74 Fishhook feature
75 Lab gel
76 Small combo
77 Crude effort
79 66 or A1A, e.g.
81 Semiwild hogs of the
southeast U.S.
82 Fictioneer
83 “__ of Green Gables”
84 Have not
87 Blueprint
88 Moore of “Disclosure”
91 Boxing decisions, in brief
94 Comebacks
97 Philosopher Langer
99 Pope’s fanon
101 Saul’s uncle
103 Taylor and Adoree
105 Laundry stinker
106 Live
107 Fiery crime
108 Woo
109 Dice, e.g.
110 Medley meals
112 Josiah’s porcelain
114 Lacking sense
115 Fortuneteller’s cards
116 Sports pages figs.
119 Unemployed
121 Oklahoma city
125 Fleur-de-__