What About Taiwan?


Will Holt ‘23
Reviews Editor

The ever-more-plausible scenario where the People’s Republic of China forcibly occupies and reintegrates Taiwan should raise the concern of all Americans. Far too often, pundits imply a false dichotomy between regional ambition and global vision; the Chinese Communist Party’s present focus on regional hegemony is dispositive of neither broader and evolving dreams nor terrific indirect consequences. Those who cite the Middle Kingdom’s supposed disinterest in imperialism to downplay America’s stakes in Sino-Taiwanese affairs (two-thirds of Taiwanese do not identify as “Chinese”) belie the magnitude of the threat. Emboldened by success and more confident in its capabilities, a “reunified” China inevitably would seek opportunities to trap other, more distant democracies within its sphere of influence. I struggle to find a historical example of a superpower that, after achieving such a long-awaited victory of arms, confined its future foreign policy objectives to only those in accordance with its government’s prior ambitions.

         Although the specific and long-term consequences of a Communist takeover remain unclear, these unknowns clouding America’s strategic outlook no longer (if they ever did) justify continued ambiguity as to our support of Taiwan: One does not take shelter during a storm for fear of the possibility of lightning; one hides because he knows not where lightning will strike. In pursuing its foreign policy objectives, China presently wields a credible threat of force underpinned by popular conviction and set only to grow in intensity should Taiwan fall. Party indoctrination, Han nationalism, revanchist attitudes, and other socio-cultural phenomena together may spawn an indomitable will amongst the population to prevail heedless of the costs (including loss of life) in the event the government deems violent force necessary to effect reunification. Any nation so content to sustain casualties in pursuit of state aims enjoys a distinct advantage over the United States where their respective interests conflict.

         The U.S. has never itself conducted an operation similar to an invasion of Taiwan, with Operation Olympic, the planned invasion of Kyushu, having been canceled after Japan’s capitulation in 1945. From the perspective of an invading force, Kyushu perhaps represents the best analog for Taiwan in the Western Pacific. The two islands are similar in size, with the former spanning 14,202 square miles and the latter covering 13,976 square miles. Both Kyushu and Taiwan also boast mountainous geographies, and neither features more than a handful of beaches suitable for amphibious landings. Considering that U.S. war planners expected Olympic to consume as many as 100,000 men a month for no less than four months, there is little doubt that the CCP operates assuming that “One-China” may demand the sacrifice of tens of thousands of its sons.

         The collective will to suffer for state aims is a phenomenon foreign to Americans. Chinese nationalism, in reality, more closely resembles that which existed in Western societies during the years immediately preceding the First World War. For example, one can identify many parallels between China’s eagerness to conquer Taiwan and France’s ambitions to recover Alsace-Lorraine after the Franco-Prussian War. How the former’s unequivocal commitment to reunification affects Sino-American relations resembles the manner by which French revanchism exacerbated tensions between France and Germany in the years before 1914. And even more concerningly, just as the German guns awoke French élan, shots across the Taiwan Strait would harden Chinese resolve to win, notwithstanding bloodshed.

         The United States can expect neither to preserve its global predominance nor foster a Pax Americanus in the Twenty-First Century, so long as we continue to forgo clarity in our foreign policy for the satisfaction of our pocketbooks and the comfort of fearful souls. The American people must not forget that they face far more malevolent actors abroad than they do at home; our grievances against one another are trifling compared to the perils growing in the Far East. The United States is not a perfect country—but it remains a good one. However, a good country, like a good shepherd, does not leave a lamb to the mercy of wolves (a pack so fed will simply develop a taste for mutton). We are duty-bound to protect the sovereignty and fundamental rights of our allies. Should the United States willfully abandon its friends at the most critical hour, the nation’s credibility will thereafter lie in tatters, damaging the cause of democracy around the world. The issue is as much a referendum on our self-image as it is a foreign policy debate.Although an invasion of Taiwan may never materialize, the prospect of one will haunt us until we declare our commitment to the island’s security. For my small part, if Taiwan is to be America’s Belgium—then so be it.

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wjh4ew@virginia.edu

Common Law Grounds Hosts Abortion Discussion


Nikolai Morse ‘24
Staff Editor


This past Tuesday, Common Law Grounds held its second event of the year, with abortion as the selected discussion topic. In an email previewing the event, the organization acknowledged the highly sensitive nature of the topic, saying, “Is any topic in American politics more contentious than abortion? Since Roe v. Wade, there has been almost constant litigation about abortion access and abortion regulations.” The contentious nature of the topic is one of the reasons Common Law Grounds selected it for this event’s focus.

         Given recent legal developments in the fight over abortion rights, the discussion seems particularly well-timed. With several major cases before the Supreme Court this term, the issue of abortion is more salient and relevant than any time since 1992 when the Supreme Court affirmed abortion rights in Planned Parenthood v. Casey. Just last week, the Supreme Court began hearing oral arguments in two cases challenging Texas’ infamous SB 8, which effectively deputizes anyone who is not a Texas state government employee to enforce abortion restrictions by granting standing to sue any person who performs an abortion or “aids and abets” one.  Within a month, the Supreme Court will hear arguments in Dobbs v. Jackson Women's Health Organization, in which plaintiffs are explicitly asking the court to overturn both Planned Parenthood v. Casey and Roe v. Wade, and thereby effectively end the constitutional right to an abortion.

It was against this backdrop that approximately twenty-five students gathered in the Purcell Reading Room and engaged in small-group discussions about their views on abortion from personal and policy perspectives. Each group had a facilitator from Common Law Grounds, who began the conversation by asking people to identify where they fell along the ideological spectrum generally, and specifically with regards to abortion. Following this, the group considered questions designed to guide the conversation and display the range of views everyone in the group held.

         As they discussed the issue, students ate pizza from Mellow Mushroom. The choice to discuss the topic over lunch was one that leaders of the event noted at the outset as being intentional, that by “breaking bread together” the students were building community and a space in which challenging and enlightening conversations could be more easily had. This is in line with the group’s mission to “encourage discussion and debate among students and faculty across the ideological spectrum with the goal of identifying and articulating areas of agreement about core values and practices, isolating points of substantive disagreement while also looking for common ground and fostering a culture of open and civil dialogue about legal and political issues.”

         Despite the challenging topic, students appeared to enjoy themselves and engage in the discussion. Many noted that their group had several places where they found common ground.[1] Rachel Martin ’23 said, "We were still all able to talk to each other respectfully and understand the values that motivated each other's viewpoints.  While we might have disagreed on the relevant weight to give to different considerations and whether/when abortion should be legal, my group agreed that abortion isn't a good thing and that it is better to ensure access to contraceptives and sex education so that people can avoid unwanted pregnancies in the first place. There was also agreement that we should really treat pregnant women and mothers better, so that we're not punishing those who choose to bring a child to term.”

         Overall, the event was seen as a success by those who attended. Common Law Grounds President Connor Kurtz ’22 said, “Abortion is the most divisive issue in American politics. You wouldn’t know it from our CLG event. Yes, there was passion, but there was also mutual respect and engagement—no sloganeering or semantic sleights of hand in sight. I was impressed at how deep every group went on this topic: If we can discuss abortion civilly and respectfully, it gives me hope that we can discuss other less divisive political and legal issues in similar good faith.”

         In full disclosure, this is why I joined Common Law Grounds. To many of us, the last few years (decades, even) have seemed like a never-ending cycle of outrage with little evidence of people having good-faith conversations to try to chart a path forward. This only empowers our elected officials to prevaricate and posture, inflaming their bases rather than working to find concrete solutions to pressing issues. Recognizing that surface-level conversations do nothing to improve our understanding of one another or find points of agreement from which we can build consensus means that we need to get out from behind our screens and engage with one another in more meaningful and personal ways. I would encourage anyone interested in strengthening our capacity for civil discussion to consider ways in which you can help, formally or informally. As future lawyers, we are in a unique position to help our society, and for all those who believe that a healthy and respectful discourse is essential to a robust democracy, discussions like the one held Tuesday provide a blueprint for progress that should encourage us.

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cpg9jy@virginia.edu


[1] Do you see what I did there?

LawHoos Take On the World Series


Phil Tonseth ‘22
Editor-in-Chief

           

The World Series. The Fall Classic. Every year, 30 teams play 162 games in an attempt to make the playoffs, just to get a shot at the World Series. Some teams see themselves there frequently while some haven’t won a World Series since immediately after WW2 (sorry Indians/Guardian fans). So when the chance arose to watch my beloved Atlanta Braves play in their first World Series since 1999, you bet I jumped on it.

            My desire to see baseball played at its highest level between the champs of the National and American Leagues was not a lonesome desire. In traveling to Atlanta for Game 5 this Sunday, I was joined by four other LawHoos: Stan Birch ’22, Sarah Walsh ’23, Jack Brown ’23, and Parker Kelly ’23. The first two and myself are die-hard Braves fans, with Parker opposing us —and in the minority of the ballpark attendance by being a Houston Astros fan. Jack was just happy to be there and was quickly adopted by the Braves faithful to root, root, root for the home team.

Pictured, left to right: Parker Kelly '23, Stan Birch '22, Jack Brown '23, Sarah Walsh '23, Phil Tonseth '22

            Now you may have a few questions. Weren’t tickets expensive? Absolutely. Isn’t Atlanta far? Stan and I made it there in about 7.5 hours, so also yes. Is it worth all of that trouble just to watch one baseball game? If this question came to your mind, I’d ask you to seriously reevaluate whether you can be friends with me. Baseball is America’s pastime. It’s a mental chess match between athletes performing actions that few can fathom, let alone execute. Plus, throw in a chance to win a championship, surrounded by friends, with a ballpark hotdog and cold beer in hand? I’d pay almost anything to go to the next game just to experience it again.

            For those unfamiliar with the Atlanta Braves, they recently built a new stadium with an adjoining outdoor mall, following the end of their lease to use the refurbished 1996 Olympic stadium as their field.[1] The fact that the stadium buttresses an outdoor mall allows for fans to truly congregate and tailgate before first pitch, which is why Stan and I arrived to “The Battery” five hours before first pitch. We chatted with like-minded fans, heckled those rooting for the Astros, and wandered the mall enjoying the libations. Knowing the stadium would be packed, we entered as soon as the gates opened at 5 p.m. for the 8 p.m. first pitch. With the Braves only needing to win the game to win the seven-game series by a score of 4-1, the stadium was rocking. It was in line near our seats that we met up with Parker, Sarah, and Jack, and the fun truly began.

            As any fan knows, you have to dress in full regalia to adequately support your team. Thus, the first stop for our five-some was the team store, where Jack bought a jersey of his new favorite player (the only jersey they had available), Sarah wisely bought a fleece blanket to stay warm, and I bought ANOTHER hat and some pearls.[2] In being a good sport, Parker held our drinks and remained outside where he was endlessly heckled for supporting the wrong team.

            I wish I could write that the rest of the evening went amazing. I mean, the Braves hit a grandslam in the first inning, the first time that’s happened since 1960.[3] But after that, the wheels began to unravel for the Braves. Sarah said it best in quipping “I refuse to acknowledge anything that happened after the first inning.” As the emotions are still raw and I’m running on no sleep writing this, I’ll leave the commentary at that. The Braves ultimately lost the game. Never fear, the Braves still have two chances to win the World Series in Houston. Being the resident Astros fan, Parker was collegial, and in true UVA fashion stated “Atlanta fans were remarkably gracious in their defeat.” This may have been said because he was relying on Sarah and Jack to drive him home eight hours after the game, but that's yet to be determined.

            Did I spend way too much money on tickets, food,[4] and memorabilia? That’s easy. Have I ever felt the level of euphoria, of pure bliss, as I did when I watched that grand slam leave the park in the first? I will never experience that high again. You may find that sad, but if you’re a die-hard sports fan and you experience a moment that could be so pivotal, surrounded by likewise fans in the tensest environment for the sport, you know that’s a memory I’ll take to the grave. Chop on.


[1] Also known as Turner Field.

[2] Look up Joc Pederson. His swag is playing in a full set of legitimate pearls and it has swept the Atlanta fanbase into a frenzy. Stan did not need to buy any at the stadium because his mom decked him out in the real thing on his way out the door. 

[3] Citecheck to Jack Brown for this cool find.

[4] Getting there 5 hours early, plus the 4 hour game, means I may have eaten 8 hotdogs. Good thing I don’t need to wear my Halloween crop-top anymore.

Faith, Dialogue, and the UVA Law Community


Monica Sandu ‘24
Staff Editor


This past Thursday, I attended Religion at UVA Law, a roundtable discussion event and mixer with students, faculty, and alumni from diverse religious and cultural backgrounds. Sponsored by the Rex E. Lee Law Society, the Jewish Law Students Association, the Law Christian Fellowship, the Muslim Law Students Association, and the St. Thomas More Society, Religion at UVA Law sought to foster interfaith dialogue about what it’s like to be religious at UVA.

            Upon arrival at Caplin Pavilion, name tag stickers were provided for us to fill out. Each sticker in turn had a colored dot that would correspond to the table we would be sitting at.[1] On the table were cards with printed questions designed to start a conversation. What unique experiences or challenges do students of different religions go through? How can the Law School be more accommodating to religious observance, especially with regards to minority religions? What were the core tenants of our religions? How did our faith influence our decision to come to law school in the first place, and what role does it currently play in the way that we think about and understand the law? 

            This dialogue was inherently difficult. Student religious organizations play a major role in creating a supportive community for those at the Law School seeking peers who understand their struggles, at both an academic and a personal level. Isolation from others outside of the community, however, can be an unintended consequence. Deeply spiritual worries can be hard to communicate to others who, in not holding the same beliefs, lack the same framework upon which all other parts of one’s worldview are built.  To speak about one’s most deeply held beliefs necessarily puts one in a position of vulnerability, especially when in the presence of others who do not hold the same beliefs, and can have the tendency to put people on the defensive.[2] Even coming up with an answer to some of the more philosophical questions about morality, justice, and truth required a great deal of introspection that got to the heart of why we want to become lawyers in the first place.  What good do we seek to bring to the world?

            Overall, the discussion was rich and respectful. It wasn’t dominated by a single person or faith, nor were anyone’s beliefs dismissed or negatively debated. Instead, the conversation was reflective of the trust that we as UVA students have in one another, that our beliefs and ideas will be respected, and that we can teach others about who we are while showing that same dignity to them so that we may all reach a better understanding about our community.

            Though religion is typically a taboo topic when it comes to conversations with strangers, I came to realize through my discussion with others how much I didn’t know about faiths outside of my own. When someone teaches you about their religion, from theological to philosophical and cultural elements, you learn so much about them in a way that you otherwise wouldn’t get. Religion is rather unique in that regard, because it weaves together history and tradition as well as morality and beliefs about life and community.

            All these elements play a key role in the way that we understand the law as well. To be a good lawyer, to have a good relationship with your client, your peers, and your community, I believe you cannot shut yourself off from these considerations. Thus, it’s impossible to get the complete picture of how one approaches the legal world without understanding what someone believes and why. Understanding fosters empathy; empathy fosters acceptance; and acceptance fosters diversity and cooperation.  The ability to put yourself in someone else’s shoes and see the world from their point of view is more important now than ever before.

            Religion at UVA Law was an incredible experience to connect with other students and to learn about parts of their lives and identities that can otherwise go unmentioned. I ended the night far more educated about others’ faiths than I had previously imagined I could learn over the course of just two hours. From the ways in which people learn, to the analytical approach they take to the law, to their beliefs about justice, truth, retribution, and the purpose of the law, discussion was peaceful and fruitful. The genuine desire that students had to understand and to be understood, to live their faith in the service of others through law, was both humbling and inspiring.


[1]As a result, I learned that I cannot tell the difference between orange and yellow markers. (Sorry, Orange Table)

[2] Especially given that law school, and the practice of law itself, can tend to be antagonistic.

UVA Halloween Carnival: Fun for the Whole Family


Julia D’Rozario ‘24
Staff Editor

The Law School kicked off the Hallo-week on Tuesday, October 26, with the First Year Council’s annual Halloween Carnival. Students, professors, and their families dressed up in their spookiest attire and came to Spies Garden for some fall fun. It was a blast to see everyone’s costumes, especially the children—there is absolutely nothing in the world more adorable than babies in costume! The event was sweet and very family-friendly, with lots of games for children to play (and a variety of donuts, chocolates and candies for the law students to mainline).

 The carnival also provided us with an opportunity for some section bonding and creativity in the form of a pumpkin decorating contest! The weekend prior, students got together to carve, paint, and bedazzle their section pumpkins for display at the carnival. The winning pumpkin was designed by the LL.M.s, and it was a true masterpiece. As much as I’d love to to advocate for the 1L pumpkins, I can’t deny that the LL.M.s deserved the win!

 Overall, the event was a lovely wholesome prequel to the nights out, costume parties, and chaos that inevitably defines every Halloween weekend (but in particular law school Halloween weekend—outlining season doesn’t start until November!) If you didn’t get a chance to go, I recommend checking out the carnival next year!

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jkd2dd@virginia.edu

Honor Pursues Transformational Reform


Clint Roscoe ‘23
Staff Editor

Christopher Benos ‘22
Guest Writer


The Honor Committee is set to ratify a proposal for reform to UVA’s sanctioning system.

The proposed amendments to the Honor Constitution, proposed and authored by third-year law student Christopher Benos ’22, would reduce the sanction for students found guilty from expulsion to a two-semester leave of absence. They also expand the current “Informed Retraction” plea option, so that students may enter a guilty plea at any time prior to a hearing and take the same two-semester leave of absence.

UVA’s honor system was created in the 1840s in an attempt to reduce tensions between faculty and students. Though initially introduced by a professor as an academic certification against cheating, the students took custody of the Honor Code and undertook responsibility for its implementation. Throughout the system’s 170-year history, it has been entirely administered by the student body itself.

Today’s Committee is composed of more than two dozen students from various constituent schools across the University. The Committee processes cases, educates the student body, and implements policies designed to maintain UVA’s uniquely collegial “Community of Trust.” Its jurisdiction covers all acts of lying, cheating, and stealing, and its authority and purview are distinct from that of the University Judiciary Committee, whose jurisdiction covers non-academic violations of its general Standards of Conduct.

Under the current Honor System, students may, before being reported for an offense, submit a Conscientious Retraction, which means they accept full responsibility for their wrongdoing, make amends, and face no leave of absence. After being reported, students may submit an Informed Retraction within seven days and take a two-semester leave of absence. Students who do not submit either a Conscientious or Informed Retraction and are subsequently found guilty by a jury of their peers are punished with the “Single Sanction”: expulsion from the University.

For several decades, various Honor Committees have attempted to alter the University’s sanctioning regime. In 2013, the Committee successfully introduced the Informed Retraction, which for the first time permitted students to admit guilt early in the Honor process and avoid expulsion. Broader efforts to alter the Single Sanction have never succeeded, in part due to imprecise referenda and fractured campaigns.

This year, the Committee has pursued a coordinated legislative effort to amend sanctioning. Following extensive debate on a variety of proposed regimes, the Committee reached a broad consensus to focus reform on removing expulsion and expanding student rights under a plea. The proposed framework, authored by Christopher Benos, reduces the sanction for students found guilty at a hearing from expulsion to a two-semester leave of absence. It also expands the current Informed Retraction plea option to allow a student to admit guilt at any time prior to an official hearing and take the same two-semester leave.

Benos explained the merits of the proposal: “We cannot simply excise from the community students who make mistakes, especially since students come to the university from a wide range of backgrounds. To foster integrity, and ultimately cultivate honest and compassionate citizens, the University must help students learn from their mistakes. Students deserve a second chance.”

Practically, removing expulsion is designed to increase community commitment to the Honor System and reduce instances of jury nullification.  Expanding the timeline for accepting pleas is designed to expand student access to evidence. As Benos explained, “currently, after a plea window has closed, new evidence becomes available, further interviews are conducted, and circumstances may evolve. An expanded plea ensures that students are able to make informed choices about their academic futures throughout the Honor process.”

In anticipation of alumni pushback, Benos explained that the proposed changes are consistent with the spirit of current policy. “We already allow students who take the Informed Retraction to return to the University after a two-semester leave.”

The Committee will ratify the changes in the coming weeks. Following ratification, the constitutional changes will be put to a university-wide vote in early 2022. In order to pass, the amendment will require the support of at least 60 percent of the votes cast, and at least ten percent of the entire eligible voting population must vote in favor. In the coming months, the Committee will finalize procedures under its bylaws that would take effect should the constitutional framework pass. It will also implement a coordinated campaign to partner with organizations like SBA and inform students ahead of the spring referendum.

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car8ca@virginia.edu
cjb7ns@virginia.edu

Letter to the Editor: Oct. 6, 2021


Letters of interest to the Law School community may be sent to editor@lawweekly. org. Letters may be published at the discretion of the Editorial Board and are subject to editing for grammar, style, and clarity, but not content or viewpoint. The Law Weekly does not necessarily endorse the content or viewpoint of any letter herein published.

Dear Law Weekly Staff, I write to you with a very serious grievance. Of course, the most valuable resource we have as law students is our time. The Law Weekly stole my most valuable resource two weeks ago in the form of (what I can only assume must be) America’s most difficult Sudoku puzzle. Blood, sweat, and tears poured into this puzzle. I am behind in all of my classes now, and I am sure it must be due to this single puzzle. When I fail out of my classes, I also have no choice but to attribute it to the time I spent on this puzzle in September. I beg you to decrease or vary the difficulty of these puzzles. Otherwise, I will assume personal sabotage.

Paltrek 101


Samira Nematollahi ‘23
Staff Editor

Students at UVA Law are planning the Law School’s inaugural Paltrek (a.k.a. Palestine Trek), and on October 15 they hosted an informational session on what the trip entails and the goals of the group in attendance. The main goal of the trek is for graduate students at UVA to build an understanding of the Palestinian narrative and to share that upon their return to grounds. The students organizing the trek are working with an established network of Palestinians on the ground to develop the itinerary. While this is UVA’s first Paltrek, other universities such as Harvard and Columbia have hosted the trek for several years.

            Trekkers will be introduced to Palestinian history, people, culture, and heritage. An important aspect of the trip is that students will also be exposed to the reality of life under military occupation from the perspective of Palestinians. Trekkers will spend the week traveling between different cities in the West Bank to visit various significant sites, meeting with local human rights leaders, and experiencing Palestinian culture. The itinerary has not yet been set; however, some of the cities Paltrek plans on visiting are Ramallah (the administrative capital of Palestine), Rawabi (the first planned Palestinian city), and Jerusalem.

            Paltrek presents an unparalleled opportunity to experience Palestine and to gain a deeper understanding of the Israel-Palestine conflict. While there are countless articles, documentaries, and interviews with Palestinians, nothing can match the experience of learning about it directly. After the trip, the students plan to host talk-back events to provide the trekkers a space to share what they learned with the Law School. The Palestinian voice is often overlooked, so these sessions are intended to help share their narrative with the student body.

            The trip will happen during spring break (March 5-13) and is open to all graduate students at UVA, not just law students! Students will have until November 22 to apply for the trip and can receive the application by emailing the contact below. The organizers of Paltrek will be hosting several fundraiser events to help reduce the cost of the trip—this week there will be a bake sale at the law school. There will also be a screening of the documentary Mayor, which follows the challenges that the Mayor of Ramallah faces in running a city under occupation.

            For more information on Paltrek and to sign up for the listserv, contact Warren Griffiths: wg4dt@virginia.edu.

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sn5gc@virginia.edu

Announcing PILA+


Morgan Maloney ‘22
Lizzy Harris ‘22
Guest Writers

PILA is incredibly excited for our new supplemental grants program, PILA+! Last spring our board discussed ways PILA could better serve the public service community and adapt to its growing needs. In particular, we had heard about the experiences of a number of students who struggled to make ends meet while relying solely on the guaranteed public service summer grant when interning in high cost-of-living cities like D.C. and New York. We felt that while the guaranteed public service summer grants are a great way to create a stable baseline for financial support of public service students, their limited flexibility of these grants to vary in amount based on factors such as geographic area, financial need, and lack of family support can create vast inequities for students with different internships and in different job markets. Given this inflexibility and need for greater assistance, we decided to do something about it, and thus the idea for PILA+ was born. Since then, we have worked closely with the Public Service Center to transform our idea into reality and to create an additional source of funding to help try to close the gap and make summer public service internships more feasible for students with increased financial need. We are very grateful to Dean Annie Kim ’99 and Assistant Director of Public Service Andrew Broaddus in the Public Service Center for their extensive support and advice as we worked through how to create an entirely new and student-run grants program to offer additional assistance, on top of the guaranteed summer public service grants, which was no easy feat.

 

The guaranteed public service summer grant, which is now called the “UVA Law Public Service Grant,” will remain unchanged in both its amount and its qualification requirements, and it will still be guaranteed to all students who meet the eligibility requirements. To qualify for a PILA+ grant, students must first qualify for the UVA Law Public Service Summer Grant.

 

Additionally, students must also meet five additional criteria to qualify for the PILA+ supplemental grant. Students must (1) live in a high cost-of-living city; (2) anticipate to receive less than $2,000 in familial support for costs of living; (3) receive less than $1,000 in wages or a stipend from their public service employer; (4) pay two rents over the summer; and (5) receive less than $2,000 in total summer fellowship funding. The deadline for submitting a PILA+ application is March 18, 2022. For more information about the PILA+ grant and each of the above criteria, students can visit our website at www.pilauva.com. As for the amount of the grants, all money raised (after paying applicable taxes and other necessary expenses) will be divided equally between all eligible students. Therefore, each dollar raised is another dollar in the pockets of public service students!

 

The new PILA+ program is entirely student run, fundraised, and administered. Because of this, we are entirely dependent on the help of everyone in the UVA Law community. Members of the UVA Law community, including both students and faculty, can support us by volunteering to help with—or simply attending—our numerous fundraisers throughout the year, as well as donating to the upcoming auctions. This program was designed by public service students for public service students. If students have any questions, concerns, or ideas about how we can improve this grant, we invite them to reach out to PILA.

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mvm7rw@virginia.edu
ebh9pz@virginia.edu

Foxfield: A 1L's Tale


Julia D’Rozario ‘24
Staff Editor

I should open by saying that I am about as oblivious about school events as a student can be and, until the absolute last minute, had no idea that Foxfield was a horse racing event.  As I understood it, Foxfield was essentially an excuse to 1) get dolled up and 2) get day-drunk. As it turns out, I wasn’t that far off—I think I spent a grand total of about thirty seconds actually looking at horses.

 

Our section’s bus was the first to set off and was scheduled to leave at 9:40 a.m., which meant that the pregame started early early. I can’t say that getting out of bed before noon on a Sunday sounded all that appealing to me. But it’s conventional—or so I’ve heard—to break out the mimosas as early as 8 in the morning. And who am I to flout convention? The general sentiment seems to be that it’s acceptable to start drinking at 8 a.m. so long as you’re dressed fancy and the drinks are orange juice based. So, giddy up![1]

 

The event itself was, by far, the most aesthetically pleasing moment in my law school experience to date. The setting was incredibly beautiful, and the weather was amazing, despite it being a bit[2] hot. Everyone looked great, and it was genuinely delightful to take the time to get dressed up and feel fancy after what has effectively been seven weeks straight in sweatpants. To me, at this point in the semester, putting on a pair of heels felt equivalent to getting dressed for the Met Gala. Goodbye, Walking Dead… Hello, Gossip Girl![3]

 

All in all, Foxfield was a lovely time, and a highlight of 1L so far. By the time we piled back into the buses at the end of the day, everyone was exhausted, sweaty and ho(a)rse,[4] but really happy. The actual horse time (or, the surprising lack of actual horse time) wound up being beside the point. I left feeling like I had met new friends, gotten to know my section[5] better, and made memories that I’ll look back on for years to come.

 

I will definitely be back next year, floppy hat in tow.


[1] Sorry.

[2] Very, very, very, very…

[3] The 2007 version, obviously.

[4] Sorry.

[5] Section A, if you’re reading this, I love you!

Letter to the Editor: The Authenticator App is Garbage


Letters of interest to the Law School community may be sent to editor@lawweekly. org. Letters may be published at the discretion of the Editorial Board and are subject to editing for grammar, style, and clarity, but not content or viewpoint. The Law Weekly does not necessarily endorse the content or viewpoint of any letter herein published.

Connor Kurtz ‘22
Guest Writer

I want to go back to feeling like an in-class idiot in the usual way: flubbing a cold call. Redmond, Washington, can butt out, thank you very much.

Question: Why does logging into Canvas every day feel like breaking into Fort Knox?

All I wanted was the syllabus for my 8:00 a.m. class. I like to be prepared, so as class started, I opened up Canvas to do the readings. God knows why, but every week I must enter a 6-digit code to access my online course files. (You know the drill.) So, I surreptitiously snuck out my phone and fired up the Authenticator app—only to not see the code.

Yes, the damned thing had to be reconfigured. Which wouldn’t have been too big of a deal but for what followed.

On entering my UVA ID and password, Authenticator redirected me to a UVA-specific online portal. But get this: you can’t access the portal without first entering an Authenticator code. It’s Kafkaesque—and infuriating.

The Microsoft Authenticator app is garbage. Using the Law School’s IT infrastructure should not leave students and staff craving a one-way ticket to a Dignitas clinic.

And what’s with Authenticator and Duo Mobile? Duo Mobile is undeniably superior: it gives you a notification and allows for one-click verification. Authenticator forces you to open your phone, enter your passcode, scroll to the app, open the app, navigate to your UVA account area, and only then find the code—which you must then type on your laptop. Is this really the best we can do? To access our boring-as-hell class files? Does the Hairy Hand case need this level of protection?

I hate this app with the intensity of a million burning suns. It should go the way of the dodo, the Soviet Union, and Windows Vista.

What must we do to rid ourselves of this demented 15-step verification Rube Goldberg regime? Who will be the hero in Law IT to step up to slay this monster?

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cjk3fw@virginia.edu

Government Lawyering 101


Monica Sandu ‘24
Staff Editor


This past Thursday, I attended The Real Deal: Government Seminar, the fourth and final entry in the Real Deal lecture series. Government had always seemed appealing in a nebulous, I-want-to-help-people way, but I had little practical knowledge of being a government lawyer. Who better to educate us than those who were once in our shoes? The four panelists—Julia Maloney, Sabrina Hassan, Jeremy Weinberg, and Salima Burke—are UVA Law alums with careers ranging from antitrust law and immigration to child protection and general legal counsel.

            First, there is no such thing as a “typical day” for a government lawyer. Some days it’s five hours of meetings or seemingly endless emails, paperwork, and document review. Other days, it can be work on long-term projects and investigations, or responding to the news. With smiles on their faces (under their masks), the panelists recounted how part of the excitement of the job was not necessarily knowing what the day would bring, even if sometimes that day ended up being tedious or frustrating. The driving force behind the work of a government lawyer is the satisfaction derived from seeing all that effort come to fruition. Admittedly, synthesizing 4,000 pages of work on a case into a 65-page brief[1] seems more than a little daunting, but your work is not your paperwork. Your work is the people whom your agency serves, the city that you represent, the country whose authority you embody.

            The coworkers and the clients were consistently cited as the most rewarding aspects of the job. Coworkers want to help each other out, and there’s apparently a real sense of collegiality in the office. It’s a support system, personally as well as professionally. For clients, you help people to understand what they need to do to protect themselves, and you protect them when they are unable to. This is no easy task, however. The least rewarding part of the job, besides the grunt work, was the mental and emotional drain. You may know somebody did something, but you just can’t prove it in court.[2] You may have to act contrary to your beliefs about the law or be given a deadline that is physically impossible to meet. You may see things that will stay with you for the rest of your life. What makes it worth it is keeping in mind a bigger picture, playing the role of an advisor rather than an adversary, in a way that brings about real change. Job satisfaction, everyone agreed, is high.

            The panelists also addressed the elephant in the room: the pay. After all, it is a truth universally acknowledged that a law student in possession of a good education must be in want of money. All agreed that they could live comfortably, though perhaps not extravagantly. The panelists further emphasized the importance of government benefits, including vacation days, sick leave, a pension, and schedule that allowed them to have a strong work-life balance. The choice to go into government work is all about what you prioritize. However, they also recognized that starting off in government may not be feasible for everyone.

            Lastly, they gave some sage advice to students wanting to prepare for a job in government: Enjoy your time in law school. Take it seriously, but not too seriously. There is no set path. Some panelists came to government work after a judicial clerkship following graduation, some moved from private practice, and some arrived after doing internships and clinics during their time here at UVA. Take opportunities to work on your feet through mock trial and moot court. Get on the ladder early, especially for 1L summer. Volunteer and do clinics until you figure out what you want to do, then go for it. Most of all, talk to people! Talk to your classmates, as they will be your coworkers. Talk to your professors, as they’re great resources. And talk to alumni to network before you need a job; many are more than willing to help.

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ms7mn@virginia.edu


[1] Actual example given by Salima Burke.

[2] See: no body, no crime by Taylor Swift ft. HAIM.

The Flunkies Pass the Test: Section F Wins 1L Softball Tournament


Congrats Section F, enjoy the feeling of victory before midterms start! Thank you everyone who participated in this year's softball tournament. Photo Courtesy of Roni Courtney.

Congrats Section F, enjoy the feeling of victory before midterms start! Thank you everyone who participated in this year's softball tournament. Photo Courtesy of Roni Courtney.

Left: Section F captain cools down after a red-hot game. Photos Courtesy of Roni Courtney '22

Left: Section F captain cools down after a red-hot game. Photos Courtesy of Roni Courtney '22

Thank you Umpires!

Thank you Umpires!

Section B remembers the day with number 1 softball fan Professor GE White. Photo Courtesy of Roni Courtney.

Section B remembers the day with number 1 softball fan Professor GE White. Photo Courtesy of Roni Courtney.

Section F celebrates altogether. Photo Courtesy of Roni Courtney.

Section F celebrates altogether. Photo Courtesy of Roni Courtney.

: Sections B and G shake hands. Photo Courtesy of Roni Courtney '22

: Sections B and G shake hands. Photo Courtesy of Roni Courtney '22

The two semifinalists Section A and F. Photo Courtesy of Roni Courtney '22

The two semifinalists Section A and F. Photo Courtesy of Roni Courtney '22

To Prosecute, or to Defend?


Nate Wunderli ‘22
Sports Editor

This week I had the opportunity to attend The Real Deal: Public Defense Seminar. This is an annual event, and one that I have attended once before during 1L year. This time, however, I had a different motivation to attend: I am currently in the prosecution clinic at the law school, where I visit the Orange County prosecutor’s office on a weekly basis. I’m also coming off a summer where I engaged in a lot of juvenile defense work. Having seen a little of how both sides operate and view the world, I came into this panel discussion with a much more nuanced view of the criminal justice system and was curious about what these accomplished public defenders would say.

            Much of what the panelists said focused on the human aspect of being a public defender. Being able to put your “feet in the client’s shoes,” focusing on the “why” someone committed a crime rather than the “what,” and having the humility to realize that if we were brought up in the same situation, with the same challenges as the client, we might have done the same thing. I could see the compassion emanating from each of the panelists as they described their clients and their work. No doubt some of their clients have done horrible things, but these defenders are able to look at the bright side. There is a certain amount of love that goes into being a good public defender and advocate, and the realization that people are not perfect, that even bad people can change. One of the panelists talked about how being a public defender is not just about bringing your legal knowledge to the table, it is about using the entire breadth of your life’s experience and own personal challenges in order to advocate for someone who, in some cases, most of society would have shunned.

            While compassion and tolerance seemed to be at the core of much of the public defender’s work, this is juxtaposed with the stark reality offered by one panelist: sometimes acquittal is not the best option. The panelist said that he has experienced cases where he had got an acquittal, just to see his client commit horrible crimes, even murder, against those who testified against him. Another topic addressed was the number of public defenders who are switching to become Commonwealth attorneys. The panelists were generally not pleased with this trend, even if it means more progressive prosecutors favorable to their clients. While some of it was said in jest, it was also clear that these public defenders are loyal to their profession and the part they play in the legal system. Becoming a prosecutor after a long career as a public defender amounts to almost a betrayal, like switching fanhood in sports.

            As one panelist said, some people are able to switch back and forth between prosecutor and defense attorney, while others cannot. While she did not give an explicit reason for why this would be the case, or what qualities make some people able to switch but not others, I am able to draw on my own experience to guess why. The justice system, while chock full of rules, procedures, and formalities, is ultimately about people. On one hand, you have the defendant. If you are only focused on one side, it is easy to feel bad for the defendant. They may have had abuse in their home growing up, got exposed to drugs early, or had any host of issues that ultimately led to their being in the courtroom that day. Life is hard and can push even the strongest person to the brink. Yet here is someone who may have had no opportunities at all, sitting in the courtroom, sometimes with only mild comprehension of what is happening, whose fate is being decided by complete strangers.

            On the other hand, you have the victim. Someone whose life was altered permanently by the actions of another. Hearing their story, seeing their anguish, pain, and tears, leaves you first feeling sad for them and also angry at the person who caused them such pain and suffering. How many more people will have to suffer if the individual brought to the courtroom that day is allowed to walk away freely? These are questions prosecutors, and sometimes defense attorneys, have to ask themselves regularly. For some, but perhaps especially for defense attorneys, it may be easier just to focus on one side of the problem in order to be an effective advocate. For prosecutors, who are given wide discretion to enforce laws, it is more necessary to channel both sympathies, almost like a judge. However, without an effective defense attorney to convey information about a defendant and really get to know the defendant, this balancing of justice and mercy becomes skewed.

            If this public defense seminar revealed anything, it is that people and an understanding of those people are at the core of the criminal justice system. In a seminar where they could have talked about anything, the panelists focused most of all on one thing: humanity.

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nw7cz@virginia.edu

Discrepancies in Club Funding Raise Questions


Dana Lake ‘23
Production Editor


Because funding negotiations remain ongoing between student clubs and administration, the Law Weekly will avoid naming specific clubs or joining in the speculation as to the overall cause in this year’s funding reduction. The purpose of this article is to fulfill our policy of publishing columns of interest to the Law School--to bring attention to an ongoing issue happening largely behind the scenes.

Applying for funding from the University every year is one of the most important responsibilities for club leaders. Sufficient funding is the difference between catered lunches and BYOB, between guest speakers and PowerPoints. Whatever money is needed for the club to function that isn’t awarded by the school is expected to be made up for in membership dues or private sponsors.

Private sponsorship is an expectation more easily met by some organizations than others. Clubs with a national footprint have a much wider support network than smaller or newer organizations, and clubs focused on channeling students into private practice or particular markets have established donors they can lean on. In the yearly jostling for funds, it is unfortunately often the organizations in the worst position to win outside donations that receive the least amount of money from the school. They are left to make up their budgets with membership dues.

Photo by Robert Llewellyn.

Photo by Robert Llewellyn.

The result is a choice between a rock and a hard place. They can charge their members high dues and host events and activities that will hopefully increase membership and the club’s reputation over several years—the downside being, of course, that these smaller organizations are often affinity groups for people underrepresented in the law, and high dues are a barrier to entry for what is meant to be a supportive space. The other option is cheaper dues, but fewer activities that address the organization’s needs and purpose.

For the 2021-2022 school year, most student organizations at UVA Law saw a reduction in funding from the year before. The Law Weekly, like many groups, received less funding than requested. The reduction in funding this year, when in-person events are actually possible, compared to last year’s COVID-induced freeze on most meetings, is difficult to understand. Why clubs with greater access to outside funding receive more help from the school than clubs with smaller networks is difficult to understand. Why some organizations received substantial funding for travel expenses when their events will remain virtual this year, is difficult to understand. For the organizations interviewed to get background information for this article, that is the central issue—understanding how exactly these determinations are made.

Clubs this year received funding that appeared to be arbitrarily calculated. The funding determinations are meant to be need-based, but understanding how exactly to demonstrate need has been described as a “black box” and “very confusing.” The amount of money requested is clearly not a useful indicator, as most clubs received less than what they asked for and some clubs actually received more. If an organization’s own estimate of their expenses is not the determining factor, what is?

Other factors that may influence the decision are club membership levels, suspected savings levels, scheduled events, and club purpose. We can address club purpose first, because it has some background. Religious affinity groups receive equal funding, regardless of other factors. Their funding was equally reduced this year. For the other factors, it is unclear what the pattern of reasoning is. While some organizations experienced substantial growth in the last year and others had consistent membership numbers or a reduction, the funding awards did not seem to reflect this disparity. It will certainly be difficult to manage an organization of significantly larger size with less money than last year, and some clubs fear they will lose enrollment momentum. Suspected savings seems to be influential in the process, but the savings are not self-reported by clubs. Administration seems to have their own method of determining the fiscal health of different organizations, and this has led to serious misappraisals.

If the amount of money requested based on a club’s estimates of their expenses is not the determining factor (and no one is advocating for a system of blank checks), membership level is not the determining factor, and a club’s ability to successfully solicit donations is not the determining factor, then what determines funding awards? Universally, student organizations understand there will be years with less money available and years with more. What student leaders need to be successful is simply transparency. Without knowing how the decisions are made, organizations have little to go on for appeals. An organization may not know its award was reduced by a significant margin (and Administration will not know if they overfunded by a significant margin) due to misunderstanding, or a real change in circumstances.

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dl9uh@virginia.edu

Virginia Law First Generation Professionals Kickoff Meeting


Nikolai Morse ‘24
Staff Editor


Virginia Law First Generation Professionals (VLFGP) held their kickoff and first general body meeting of the school year on Tuesday, September 14th. Founded in April 2019, the group aims to facilitate the transition and integration of first-generation professional students into Virginia Law and the legal profession.

The meeting was led by Outreach Chair and VP Claire Reiling, ’22, who began by welcoming the gathered students and providing an overview of the organization’s various goals and functions, such as mentorship opportunities, networking, and general law school de-mystification. Representatives from several of the administration’s offices spoke, describing the resources and support they had to offer.

If you are interested in joining VLFGP or just want to hang, please email Andi Schlut at bas7bh@virginia.edu. Photo Courtesy of VLFGP

If you are interested in joining VLFGP or just want to hang, please email Andi Schlut at bas7bh@virginia.edu. Photo Courtesy of VLFGP

Lauren Parker ’08, Director of the Office of Private Practice (OPP), highlighted the breadth of support that OPP offers, from cover letters to candid advice on interview outfits. She addressed a common fear of 1L’s and specifically first-gen students, saying “you don’t need to have a lot of contacts to get a good job, you’re at a great law school. But that said, you have a huge network of alums we can and will connect you with.”

Amanda Yale, Director of Public Service, began by noting, “you will not need to know which fork to use to do public service. But you will have a very fulfilling career!” She emphasized the benefit that a diverse background can offer when you are a practicing lawyer as you can more easily relate to clients from a wide variety of backgrounds.

Assistant Dean Jennifer Hulvey described the support the Financial Aid office has to offer, from loan counseling to being able to talk with someone else who had been through the challenges of being a first-gen student, including that friends and family don’t always understand why you are taking on loans for “another degree.”

Ruth Payne ’02, Director of Judicial Clerkships, noting that the worst part of her job was hearing from alums who regretted not trying to clerk, urged students to not count themselves out of applying to clerkships.

Dr. Katherine Gibson introduced herself and pointed out that while law school is a stressful endeavor to begin, the experience as a first-gen student can add additional stress, which she and her office are happy to discuss.

Professor Andrew Hayashi spoke last and offered thanks and advice to the gathered students. “Each of you is a gift to the community and the diversity really matters in the classroom. I encourage you to not just try to get through law school, but to thrive and take advantage of everything the school has to offer.”

Many of those on the panel described their own experiences as first-generation law students. One member of the panel noted that when they came to law school, they assumed most lawyers were “ambulance chasers.” Many other anecdotes revolved around the incomprehensible mist of words that is “law school jargon.” This reporter himself still doesn’t understand why perfectly normal words like “outline” now mean something entirely different.

But the mysteries of law school aside, the meeting was notable for its strong attendance, excellent Wegmans pizza, and the presence of multiple offices from the Law School administration. For an organization that only began in April 2019, VLFGP appears to have established itself within the Law School quickly. When asked what some focus areas are for the organization, Claire Reiling pointed to an effort to connect students with the many alumni and faculty members who were first-gen lawyers themselves. In parting, she commented that many students are unaware of the broad interpretation of “first-gen” that VLFGP employs and urged students who are interested to join.

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cpg9jy@virginia.edu

Panel Reviews Supreme Court Term


Nikolai Morse ‘24
Staff Editor


This past Tuesday at the Federalist Society’s annual SCOTUS Round-Up, Professor Daniel Ortiz, Mr. Giancarlo Canaparo of the Heritage Institute, and Dean John C. Jeffries ’73, discussed several cases from the Supreme Court’s recent term. The event, which was held in Caplin Pavilion, was well-attended and the discussion ranged from captivating legal discussion to what can only be described as a stinging rebuke. A recording of the discussion is available on the Law School’s website, and I would encourage you to watch it.

UVA Law professors John C. Jeffries Jr. ’73 and Daniel Ortiz are joined by GianCarlo Canaparo of the Heritage Foundation. Photo Courtesy of UVA Law

UVA Law professors John C. Jeffries Jr. ’73 and Daniel Ortiz are joined by GianCarlo Canaparo of the Heritage Foundation. Photo Courtesy of UVA Law

Professor Ortiz first discussed Fulton v. City of Philadelphia, the case in which Philadelphia stopped referring children to the Catholic Social Services (“CSS”) foster care agency because it refused, on religious grounds, to certify same-sex couples as appropriate foster parents.

Noting that the case had “culture war written all over it,” Professor Ortiz argued that the interesting legal aspect was the potential for overturning Smith, which has been criticized by free exercise proponents. Professor Ortiz said, “this was a really big deal, not only in defining the borders of the culture wars, but in determining when religious belief entitled one to exemptions more generally.”

The decision by the Court was surprising, first, because it was a unanimous decision that held that removing CSS from the adoption program was unconstitutional and second, the decision did not address Smith! Professor Ortiz described the bemusement many experienced seeing the Court tee up a juicy legal issue for resolution, only to then neglect the issue.

Professor Ortiz ended by posing two questions: first, why does the Court tease us like this? And second, would a big win in such a case be good for religious organizations in the long run?

UVA Law professors John C. Jeffries Jr. ’73 and Daniel Ortiz are joined by GianCarlo Canaparo of the Heritage Foundation. Photo Courtesy of UVA Law

UVA Law professors John C. Jeffries Jr. ’73 and Daniel Ortiz are joined by GianCarlo Canaparo of the Heritage Foundation. Photo Courtesy of UVA Law

The second case Professor Ortiz discussed was Brnovich v. Democratic National Committee, which concerned an Arizona law requiring people to vote in person only in their precinct and limiting the people who could collect an early ballot. Highlighting the impact on voting and the stakes of the case, Professor Ortiz noted that in the 2020 Presidential election the vote was 49.36% Democrat and 49.06% Republican. However, the impact of this case was more than purely political, as it implicated Section Two of the Voting Rights Act of 1965.

After reviewing the history surrounding the passage of the VRA, Professor Ortiz described the 6-3 decision in Brnovich as “pulling many of the teeth of Section Two.” He suggested that it was “a kind of bookend for Shelby County v. Holder,” where the Court effectively deactivated Section Five of the Voting Rights Act pre-clearance requirement. Professor Ortiz closed by noting that “now the next frontier, I think, of voting rights litigation after Brnovich is going to be voting administration. And you've seen some moves of this already in Georgia, in particular. And I don't see how Section Two after Brnovich is going to do any work there at all.”

UVA Law professors John C. Jeffries Jr. ’73 and Daniel Ortiz are joined by GianCarlo Canaparo of the Heritage Foundation. Photo Courtesy  of The Heritage Foundation.

UVA Law professors John C. Jeffries Jr. ’73 and Daniel Ortiz are joined by GianCarlo Canaparo of the Heritage Foundation. Photo Courtesy of The Heritage Foundation.

Mr. Canaparo began by noting the “golden age of agreeableness” at the Court, evidenced by 44% of decisions on merits cases being unanimous, and two-thirds of all cases having no more than two justices in the dissent. Mr. Canaparo then discussed Cedar Point Nursery v. Hassid, which challenged a California law that allowed union organizers to access farmland without the permission of the owner for up to three hours per day, 120 days per year, to organize laborers. The Court rendered a 6-3 decision that this law amounted to a per se taking.

This case touches on a long-standing debate within the law. One position says that property rights are inviolably enshrined in the Constitution and the other argues that some invasion is necessary for the government to regulate a complex world. In his dissent, Justice Breyer argued that unless the law allows for access 365 days per year, it is not a taking. Mr. Canaparo described the dissent as “something of an anachronistic opinion,” because it “doesn't pretend to articulate an objective standard beyond Breyer's own judgment.”

Mr. Canaparo’s second case was Roman Catholic Diocese v. Cuomo, in which the court granted relief to two houses of worship seeking relief from New York’s maximum occupancy limits during the pandemic. The Court agreed 5-4 in a per curiam decision that under the Free Exercise clause, you must treat houses of worship as well as you treat secular businesses. Mr. Canaparo contrasted this with the Court’s decision last year, in South Bay Pentecostal v. Newsom, not to grant relief, but rather to defer to the state legislature. Noting the shift from the earlier case, Mr. Canaparo closed by referencing Justice Gorsuch’s concurrence, saying “We are back safely into the realm of the Constitution.”

Dean Jeffries opted to begin first with a review of Ex Parte Young (decided in 1908), which established the practice of enforcing the Federal Constitution via injunctive relief against states by naming state officers in the suit. Turning to the recent Texas statute which prohibited abortion, Dean Jeffries described it as “flagrantly, dramatically, incontestably unconstitutional.” Based on the precedent set by Young, we would expect there to be lawsuits seeking injunctive relief against the state officers of the relevant state governmental departments responsible for enforcing this.

Anticipating this, Texas evidently designed its statute to avoid this by providing that no state officer at any level would have a role in enforcing the statute. Rather, the statute would be enforced by what Dean Jeffries called “a system of bounty hunters,” authorizing any resident of Texas to sue an abortion provider or anyone who abets an abortion, and be awarded $10,000 for every abortion prevented – raising the possibility that injunctive relief would not be sufficient to halt the statute.

Calling it “wholly unprecedented,” Dean Jeffries argued that the intent to circumvent Ex Parte Young was the central impact of this case. “For many of you . . . this was an abortion case. For me, it's a rule of law case. By adopting the bizarre scheme of barring all enforcement by state officials, Texas hopes both to act unconstitutionally . . . and to prevent judicial review of its unconstitutional actions. This is a direct attack on American constitutionalism, on the institution of judicial review, and the rule of law. [N]o matter what you think about abortion or Roe v. Wade, we should all be united in condemning this attack on the rule of law.”

Dean Jeffries ended by condemning the Supreme Court’s 5-4 order denying relief, in which the Court said that the stay application presented complex and novel procedural questions. Noting that complex and novel procedural questions are exactly what the Supreme Court is designed to address, Dean Jeffries commented that “their willingness to allow this statute to go into effect gives rise to a suspicion I hope is ill-founded, a suspicion that the majority is so eager to get rid of the abortion rights that they're willing to throw the rule of law over the side to do it.” Dean Jeffries ended by noting that this will not be the last time this issue arises, and that “when it does, let us hope wiser heads and stronger spines prevail.”

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cpg9jy@virginia.edu

The Bake Sale for Afghan Refugees


Mason Pazhwak ‘23
Events Editor

If you walked by Scott Commons this past week, you may have noticed a table loaded with a variety of baked goods. If you stopped by to take a look and grab a treat, you would have seen that all of them had been prepared by students here at UVA Law in order to raise funds to help Afghan refugees. Over the past few weeks, seismic changes have rocked Afghanistan and forced hundreds of thousands of people, many of whom supported the U.S.’s recently-terminated two-decade-long intervention, to uproot their lives and make perilous journeys out of the country to seek safety and a better future. Many are now resettling across the U.S. and face an enormous adjustment after having to leave everything behind. Charlottesville has been a major destination, and many Afghans have found a new home in the city. Ida Abhari, a 3L law student and one of the organizers, emphasized how refugees are often unnoticed, yet integral, parts of the community: “I think it’s important for people to understand that Afghans and refugees from other countries are their neighbors and community members in Charlottesville. They’re your grocery store checkout clerks, Uber drivers, and classmates.” She also drew attention to the fact that many newcomers could really use the help at this moment: “Right now in Charlottesville, there are refugee families who cannot send their young children to school because of the lack of affordable housing, because a family needs a permanent address before they’re allowed to enroll in school. I hope this fundraiser will be a small step towards making sure families have decent housing and can do the basic things like enroll their children in school.” As of the end of last week, the bake sale had raised over $3,000. Of the proceeds, $1,000 will go to the International Rescue Committee (IRC), a leading organization supporting refugees across the globe, and $2,000 will go directly to newly settled Afghan families in the Charlottesville community.

A law student gets their baked goods fix while supporting a good cause. Photo Courtesy of Ida Abhari.

A law student gets their baked goods fix while supporting a good cause. Photo Courtesy of Ida Abhari.

The bake sale also represented an excellent example of coordination within the UVA Law community. The event was led by the Muslim Law Student Association (MLSA) and co-sponsored by the Middle Eastern & North African Law Student Association (MENA), the American Constitution Society (ACS), the National Lawyers Guild (NLG), the International Refugee Assistance Project (IRAP), and Women of Color at UVA Law (WOC). MLSA President Layla Khalid gave all of these organizations, as well as others who volunteered or made donations, a shout-out, saying “It's been very heartwarming to see how fast the Law School community has been able to come together and show support for such an important cause, whether it's baking delicious treats, volunteering to table, or making generous donations. We would not be able to make this happen without the help of MLSA, MENA, ACS, NLG, IRAP, and WOC, who rallied support to help our new neighbors in Charlottesville.”

Efforts like the bake sale are excellent ways to have an immediate impact in the local community while also drawing attention to the larger, more distant events driving their purpose. This latter impact was one of the aims Khalid noted, stating “I hope this fundraiser is able to slightly ease the burden of this life-altering transition for Afghan families, as well as raise awareness in the Law School community of the current humanitarian crisis our communities are facing both locally and abroad.” While many Afghans are now finding new homes in Charlottesville, across the U.S., and in other countries, many, many more remain trapped in Afghanistan, facing a deeply uncertain situation. The country may seem far away, and many feel that there has been enough involvement there after the 20-year engagement that just concluded, but it is critical that law students, and Americans more broadly, don’t forget Afghanistan. The U.S., as a country, can have a major stabilizing influence on how events develop there, and hopefully will continue to play a role in making a brighter future for Afghans. Support in the local community, coupled with this awareness and the advocacy it might inspire, is a great way to help both at home and abroad.

For anyone who would like to continue to donate, please contact either Layla Khalid (lk4hs@virginia.edu) or Ida Abhari (ia7rh@virginia.edu). You can also send donations via Venmo to @MLSAUVA.

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mwp8kk@virginia.edu

Dandelion Returns


"C" is for Celebration. 1L Section C celebrates after the softball game. Photo Courtesy of Christina Kelly '22

"C" is for Celebration. 1L Section C celebrates after the softball game. Photo Courtesy of Christina Kelly '22

Alex Castle and Christina Kelly brought down the house at Dandelion 2021. Photo Courtesy of Christina Kelly '22.

Alex Castle and Christina Kelly brought down the house at Dandelion 2021. Photo Courtesy of Christina Kelly '22.

Section E put on a classic (and well received) Dandelion performance with a Free Britney theme. Photos Courtesy of Midge Zuck '24.

Section E put on a classic (and well received) Dandelion performance with a Free Britney theme. Photos Courtesy of Midge Zuck '24.

"F" is for Fantastic! Section F rocked the color-block outfits for a great performance. Photo Courtesy of Lizzie Pate '22.

"F" is for Fantastic! Section F rocked the color-block outfits for a great performance. Photo Courtesy of Lizzie Pate '22.

"G" is for Go For It! Section G goes all out on their performance. Photo Courtesy of Christina Kelly '22.

"G" is for Go For It! Section G goes all out on their performance. Photo Courtesy of Christina Kelly '22.

Lizzie Pate and Roni Courtney keep the masses well nourished by serving up endless Dominos. Photo Courtesy of Ardi Khalafi '22.

Lizzie Pate and Roni Courtney keep the masses well nourished by serving up endless Dominos. Photo Courtesy of Ardi Khalafi '22.

"A" is for Amazing (and ABBA)! Section A gathers after a great show. Photo Courtesy of Christina Kelly '22.

"A" is for Amazing (and ABBA)! Section A gathers after a great show. Photo Courtesy of Christina Kelly '22.