Russia vs. Ukraine: A Conflict for our Time


Will Holt ‘23
Reviews Editor


Carrying out their duties along the Ukrainian frontier, Russian troops surely grow impatient as they await the final order from Moscow. Of the more than 100,000 men stationed in this sector, I imagine a scarce few do not look upon the brewing conflict and feel a combination of agitation and anticipation. As much certainly is understandable. Few of them were alive to witness the breakup of the Soviet Union, and fewer still served a day in the Soviet Armed Forces. The tragedy of the Romanovs, the sorrows and triumphs of the Great Patriotic War, Sputnik, and even the ’79 invasion of Afghanistan are but stories told in school and around the dinner table. Nevertheless, the Russian soldiers today menacing their Ukrainian kin see themselves as the modern incarnation of past generations who fought and froze on that same soil. Perhaps to our chagrin, this perception is rather acute. French, Germans, Poles, and others have used the open spaces of the Ukraine[1] as a nearly perfect invasion corridor leading to the heart of Holy Russia. In the present day, however, the Russian army is not the reactive party, but rather the aggressor. The great corridor through Eastern Europe no longer points to Moscow or Petersburg, but rather to Kyiv—and beyond. 

            The Russian Armed Forces face a deceptively simple task: Cut through Southern Donbass in the direction of Donetsk, breakthrough in the north (perhaps as far north as Kharkiv), and in a classic pincer movement, envelope the tens-of-thousands of experienced Ukrainian troops currently deployed in the region. Having decapitated the Ukrainian army in the field, Russian forces would then be able to consolidate their gains east of the Dnieper or even pivot north to march on Kyiv. Such an encirclement, however, is far easier said than done.

            The borders of eastern Ukraine create an artificial salient, or bulge, in the lines, giving the Russians easy and obvious access to the Ukrainian flanks and rear. No general with all of his faculties would simply allow his forces to become encircled—he of course would order a prompt and orderly retreat to a more defensible line. Should such a maneuver be attempted, the Russians would have to advance with sufficient speed and momentum to prevent the Ukrainians from disengaging and falling back towards the Dnieper before the trap shuts. The former can accomplish this task, but only with sufficient superiority in numbers and or firepower. Early estimations held that they would require 300,000 to half-a-million men to conduct an invasion and defeat the Ukrainians in the field. To the confusion of many, however, barely a third of that number have actually been deployed along the border. 

            One possible reason for this discrepancy is that Vladimir Putin does not intend to conduct a full invasion but rather, to quote President Biden, plans a “limited incursion.” But this idea is the product of wishful thinking—a dream of “peace for our time.” A force of 100,000 men is not a winning army. It is a liability. The Ukrainian government has mobilized more than 400,000 troops, and although many undoubtedly are but undertrained and underequipped reservists, that figure alone should give any Russian strategist reason to worry.

            The more likely explanation for the low Russian troop numbers is that Putin has yet to reveal his full hand, leaving the rest of the world guessing as to the true disposition of his forces and their intended objectives. Although perhaps politically advantageous, conducting an invasion while still mobilizing the bulk of one’s own forces is a perilous mission—at least when the invaded party is a peer adversary. A defensive and overly-cautious enemy will likely miss key opportunities to hinder one’s advance. Ukraine must not fall into this mold. If Russian troops cross the frontier, Ukrainian forces cannot afford to hesitate. Troops caught inside the salient must conduct an orderly withdrawal to more secure lines, ideally while a large mobile force launches a massive counterattack against the Russian right, near the angle in the border. By pulling back endangered units and threatening the Russian flank, the Ukrainians could temporarily gain the initiative and steel themselves for a more comprehensive and attritional defense. Unfortunately, this likely represents a best-case scenario. Ukrainian forces can surprise the Russians and halt their advance, but only temporarily. Russian technology, reserves, and foreign politics have already signed away Ukraine’s sovereignty—if Putin is willing to pay the price for it.

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wjh4ew@virginia.edu


[1] “Ukraine” is the name of the existing Ukrainian state, whereas “the Ukraine” is the historical name for the region, used when its people lacked a sovereign nation of their own.

Letter to the Editor: COVID Booster Mandate


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 views expressed reflect the opinion of the writer, and not of the Law Weekly.

Kurt Swalander ‘22
Guest Writer

I received my first shot on April 10, 2020. Although the COVID-19 virus never caused serious concerns for my safety, I accepted my vaccination shots as a civic act. I felt that getting vaccinated meant being one step closer to seizing back the freedoms, privileges, and amenities the pandemic claimed. Some returned, many did not. I can walk outdoors without a mask these days, but several other aspects of our lives are still coerced.

 

On December 21, 2021, amidst yet another strain of the virus and the seemingly polarized controversies that surround it (which we have come to expect with any issue that captures our collective attention span for more than five minutes), the University of Virginia announced[1] that all students, all[2] Academic Division faculty and staff, and all UVA Health team members must receive a booster shot of a COVID-19 vaccine. I have known for some time that I needed to open my mouth and say something, but I struggled deciphering the appropriate angle to take – a polemic approach full of criticisms against the University for implementing a booster mandate is the route I found myself wanting to take. I have, however, decided against that route, and I hope instead to present a more sober argument, as if to lay my chips out there and say what makes sense to me. I wouldn’t be surprised to find that my views are shared by a fairly large cohort of sane, concerned members of the University community. I have spoken with several people who feel uncomfortable with the way this booster mandate was implemented.

 

I would like to first highlight that I do hold that vaccines work. This is not a piece against vaccines or boosters. I received the first two doses of the vaccine as soon as I had the opportunity to do so in town, and I suggested that my friends and family do the same. To be honest, I didn’t even find much of an issue with the University’s original vaccine mandate that occurred earlier in 2021. We were saving Grandma.

 

The vaccine is effective. Enough information is out there to show the vaccine’s efficacy against serious infection, even for traditional college-aged individuals. For example, according to one recent study, the likelihood of death for a person under the age of 30 who has received two doses of the vaccine is zero.[3] But, in light of the new booster mandate, the relevant question to us is not whether vaccines are good, but whether the Omicron variant warrants the demand.

 

Let me just quickly highlight some of the facts surrounding the city of Charlottesville at the time of the booster mandate. On December, 21, 2021, the city of Charlottesville experienced a daily average of 17 cases,[4] with seven[5] reported deaths since August, 2021, and an average of 73 hospitalized individuals testing positive for a variation of the virus. We have little data deciphering whether many deaths and hospitalizations were caused by the virus or whether there was simply a correlation between someone testing positive and hospitalization or death. I imagine that there is at least some there-there to the arguments that describe hospitalizations as COVID-19 hospitalizations despite the patient never developing symptoms for COVID-19 that would warrant the obvious fear that such a statistic induces on the public; at least some studies have begun to list whether the virus is the “primary diagnosis[6]” (i.e., primary reason for the hospitalization) for hospitalization in its COVID-19 data. We also do not have good data deciphering whether the patients who are becoming hospitalized are infected with Delta or Omicron. I would further expect that at least some of the people who have tested positive are so fear-induced that their psychological state has made their symptoms much worse. These factors all muddy standard forms of analysis.

 

If there were a colorable argument that advocated that it was my humanitarian duty as a member of society to receive the booster, then neither myself nor many other people (I would assume) would take issue with the University’s booster mandate. But nobody is making the “save your neighbor” argument in 2022. Nor are we hearing the argument that if we don’t get a booster, we are sure to keep seeing new variants, as we were originally told. Instead, we are told that we need to get the booster so as not to “strain” the healthcare system. Perhaps they want to keep University-affiliated individuals away from hospital beds so that such beds may go to others in the greater community. That is a fair point, but one would need at least some evidence that there is a viable threat from that end; yet, hospitals beds in the area are in fact becoming increasingly more available.[7] Furthermore, we have a fair understanding that young adults, especially healthy young adults, are significantly less likely to become severely ill from the virus, and thus significantly less likely to fill hospital beds.  

 

While there is much that we will continue to learn about the virus as research progresses, we appear to have a good bit of relevant information on the variant. By the beginning of 2022, only one death[8] had been attributed to the Omicron variant in the United States, and that victim was an unvaccinated man in Texas with underlying health conditions. We also seem to have a pretty clear picture that antibodies to previous variants of the virus, whether it be through vaccine or natural immunity,[9] provide little protection against becoming infected with Omicron. Plenty of high-profile individuals[10] have been symptomatic and tested positive despite having a booster. Since the vaccines, even after three doses, do not stop symptomatic infection, the vaccines do not stop even the boosted from spreading the virus.

 

While Omicron provides cause for concern, we should remember that the vast majority of positive cases manifest only in “common-cold symptoms,”[11] according to Dr. Marty Makary, M.D., of Johns Hopkins University. That is even more true amongst younger adults, as young adults and children[12] are significantly less likely to have a serious infection compared to older adults. We have no reason to think that the University community, which was already forced to receive two doses of the vaccine, should expect different results from the general public.

 

If one wants to get the booster, I think that is a perfectly sound decision. Unfortunately, the decision will have already been made for most of the readers by the time of this publication. The truth, and the issue with requiring boosters, by my lights, follows.

 

Two points guide my view as to why I take issue with the mandate.

 

The first, as we have already discussed several times, is that boosters do not appear to play a humanitarian role. Since boosted people are testing positive with symptoms, we know that the boosted are contagious. While some people point to other factors such as viral load to be the real indicator for one’s contagiousness, studies showing a correlation between one’s viral load and contagiousness are shoddy,[13] leaving one hesitant to make conclusions on the importance of viral loads. Further, even if viral load were an important factor,, the decreases in viral load produced by the booster are short-lived, and become insignificant after three months, according to one study out of Israel[14] focused on the Delta variant.

 

Second, whether one should attribute vaccine hesitancy to misinformation or disinformation, the fact remains that there are people who do not feel comfortable receiving the vaccine. That is an unavoidable fact that all sides to the argument can agree upon.

 

Again, if one wants to receive a booster shot, and it is available, they should have the power to do so. But why must we be forced? Humans, especially the type in the United States, who let liberty beat through their chest, generally dislike finding themselves on the receiving end of political domination. If an institution is to keep a high degree of civic compliance, the rules it implements must make sense to the members (i.e., the members believe the rule benefits them), or the threat of force against the institution’s members for breaking such rules must be powerful enough to coerce compliance. Those latter situations are to be reserved. Members will comply with the University’s mandate, but there will be a significant number of members who comply for the latter reason, fear.

 

For me, this is not about the booster. I don’t really believe I need the booster—I’ve had the vaccine and previously had Omicron—but I might have gotten it on my own. I was certainly contemplating doing so. If the booster is available, and if one wants it and qualifies to take it, one should take it.

 

What I am advocating for instead is that we establish a limiting principle. An idea of what this social contract with the University, to which we are all parties, entails. Does my status as a student at the University override my basic rights—i.e., my bodily autonomy? Perhaps so, but this is something we should know, so that we can have a clear understanding of the dominating forces we can prepare to have pushed upon us. We do not live under the Leviathan (the beauties of a federalist political system protect us from that), but it would be nice to have a better understanding of where the line is drawn when it comes to the University’s willingness to coerce its student body, faculty, and staff. 

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kks3tm@virginia.edu


[1] https://www.wsls.com/news/virginia/2021/12/21/uva-requiring-students-faculty-and-staff-to-get-covid-19-booster-for-the-spring-semester/

[2] https://hr.virginia.edu/covid-19/uva-covid-19-booster-requirement

[3] https://www.nejm.org/doi/full/10.1056/NEJMoa2115926

[4] https://www.nytimes.com/interactive/2021/us/charlottesville-virginia-covid-cases.html

[5] Id.

[6] https://www.news-medical.net/news/20220110/A-study-on-COVID-vaccinated-vs-unvaccinated-that-required-hospitalization.aspx

[7] https://data.statesmanjournal.com/covid-19-hospital-capacity/facility/university-of-virginia-medical-center/490009/

[8]https://www.khou.com/article/news/health/coronavirus/harris-county-first-omicron-death-hidalgo/285-a251bc25-d2b8-4419-9058-bb2920742855

[9] https://www.dw.com/en/omicron-is-natural-immunity-better-than-a-vaccine/a-60425426

[10] https://thehill.com/blogs/in-the-know/in-the-know/586591-politicians-and-celebrities-whove-tested-positive-for-covid-19

[11] https://www.wsj.com/articles/dangerous-push-to-give-boosters-to-teens-vacccine-covid-19-omicron-vaxx-requirement-mandate-11640107759

[12] https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/coronavirus-and-covid-19-younger-adults-are-at-risk-too

[13] https://www.webmd.com/lung/covid-viral-load#1

[14] https://www.medrxiv.org/content/10.1101/2021.12.27.21268424v1

Letter to the Editor: Honor Committee Changes


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 views expressed reflect the opinion of the writer, and not of the Law Weekly.

Andy Chambers, CLAS ‘22
Honor Committee Chair

Last October, Virginia Law Weekly wrote of possible changes to the University’s Honor System. With the help of one of your two dedicated Honor Representatives, the article described the system as it exists and a potential change: reduce the Single Sanction from expulsion to suspension while extending the Informed Retraction further into the case process. I write this article in response to that piece with two ambitions—to describe the status of those proposed changes and to respond to the arguments in favor of that proposed change.

 

As of the time of writing, that proposal has fallen over 20% short in multiple votes to meet the threshold necessary for Committee endorsement and placement on the ballot in the spring. Among the representatives in opposition, the entire Executive Committee—the body of five individuals elected from among the Committee and charged with carrying out the Committee’s functions—unanimously opposes these changes and has voted accordingly. This same Executive Committee supported multi-sanction options in initial debates and would happily see a progressive change to our Honor System. The objections to this proposal rest in a simple frustration that it does not address any of the problems the system faces.

 

The article claimed, “we cannot simply excise from the community students who make mistakes, especially since students come to the university from a wide range of backgrounds.” While a noble sentiment, holding a wide range of students to a common standard is the mission of a University in its educational aspirations. As a first-generation college student who attended public school in South Georgia, I took the same calculus exams as my peers who attended Exeter. A Virginia degree is valued because it is a standard met—how could those standards vary based on where one calls home? Education is an individual pursuit that requires charting your path, but the University’s role is to establish a shared destination. Holding University students to a high standard is not only acceptable, but it is necessary for any community that wants better for itself.

           

The article further declared that “students deserve a second chance.” This was the rallying cry of the Informed Retraction in 2013. That reform extended the Conscientious Retraction to after the report, when a student has the Reporter testimony and their preliminary evidence. For the last nine years, the Honor System afforded students a second chance. In this same period, we’ve witnessed decreasing case numbers, increasing critique, and declining buy-in. The IR already fell short of what it promised to do. Notwithstanding, the Informed Retraction affords a second chance to those who made a mistake and admit as much. In all my conversations with students taking IRs, their feedback has been that of restoration. We excitedly welcome students back after their IR, and those students return with an integral understanding of and pedigree in integrity. This change would provide that same second chance to those who commit Honor Offenses and then blatantly deny their actions until proven guilty beyond a reasonable doubt by their peers. A softer sanction is not restoration, it is flouting the University’s ideals.

 

Beyond the sanction, the article incorrectly described the Informed Retraction as a plea. To clarify, the Honor System is not a miniature legal system. We have no pleas nor is there negotiation for lesser sanctions. When one joins the University, they opt into our Honor System. The Honor System is a collection of shared values with a Committee of students charged with defending it, not a host of laws imposed by the land. No one is born into the Honor System, they make the knowing decision to join a Community of Trust. Extending the IR period to the day of Hearing results from a fundamentally flawed view of what the IR is. It is an extension of the Conscientious Retraction – an opportunity for honest recommitment in a community that values honesty. IRs do not exist to dole out punishment to students who face weak cases. Extending this period provides nothing to honest students hoping to recommit to the Community of Trust. Instead, it protects the student gaming their chances of a guilty verdict under the false flag of extended due process.

 

This referendum solves problems the Committee doesn’t have. In its wake, it ignores pressing issues. The introduction to that article correctly pointed out that “for several decades, various Honor Committees have attempted to alter the University’s sanctioning regime.” Previous Committees fought for these changes while staring down the wide range of forms an Honor Offense can take. Under our current system and the proposed changes, a first-year undergraduate who glanced at their neighbor's quiz paper could face the same penalty as a candidate who plagiarized entire chapters of their dissertation. Our system provides no bandwidth to handle these discrepancies but multi-sanction options do. Never once in the Honor Committee’s 180-year existence has the solution to unequal violations rested in removing the sanction shared by every judiciary at this University – it rested in adding new options and an ability to flex with the times and the situation.

 

The Committee faces issues ranging from panel nullification to inequities in the IR to community buy-in. The proposed change as described solves none of those issues or the problems it claims to address. Committee members lauded this plan for its simplicity and easy-to-understand language. Its merits cease there. This plan is little more than an activity that preys on ignorance or apathy. Where it stops being ineffective, it is destructive. A philosophically fraught Honor System that abandons its original high bar only to provide inconsistent forgiveness regardless of one’s recommitment to the Community of Trust is doomed to fail. I eagerly wanted change for this system and I hope future Committees may enact sensible progress forward for our community, but this is not it.

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arc2fkq@virginia.edu

International Student Appreciation


EDUARDO CAMPOS (BRAZIL)

Over the past 9 years, I have assisted Brazilian companies in financial transactions, including listing their shares in the Brazilian Stock and Exchange, raising capital to fund business development, and assisting on M&A transactions.

Currently, I am part of the award-winning Investment Banking legal team of Itaú Unibanco—the largest bank in Latin America—where I work on the most relevant and challenging financial transactions of the region, such as the three-billion-dollar financial support scheme for Brazil’s electricity sector. This transaction reduced the potential impacts of the COVID-19 crisis on the electric bills of every Brazilian (which was very cool!).

Despite the intense routine of an investment bank, I wrote academic articles and book chapters over the years, publishing them in relevant Brazilian corporate, arbitration, and agribusiness law journals. In 2019, I submitted my master’s dissertation to the University of São Paulo on the Securitization of Agribusiness Credit Rights, which allowed me to actively participate in the discussions of the new Brazilian Securities and Exchange Commission’s regulation of such complex transactions.

Aside from law, I love music, especially a good Brazilian Samba (I encourage you to listen to it while reading cases!)

 

MARWA EL-SHAARAWY (EGYPT)

Marwa is an LL.M. candidate from Egypt. Her LL.M. is sponsored by the Fulbright Foreign Student Program. She earned her Bachelor of Laws degree in Egypt in 2013. She graduated with honors, received 22 awards for academic excellence, and ranked 5th in a class of 111. Upon graduation, she joined Sharkawy and Sarhan, one of Egypt’s leading law firms, working as a corporate lawyer. Marwa’s work as a corporate lawyer focuses on the energy sector. She worked on several big-ticket transactions, which were part of the Egyptian Government’s reform plans to achieve energy self-sufficiency. She provided consultation to the Egyptian Government on drafts of energy bills and has been involved in rolling out Egypt’s first feed-in tariff program for renewable energy. She was recently seconded to two international oil and gas companies, where she acted as Egyptian in-house counsel.

Marwa co-authored several articles and reports, including the Egypt chapter of the World Bank's Doing Business 2019 report and the Egypt chapter of Çakmak Avukatlık Ortaklığı’s Global Renewable Energy Guide 2017. Marwa’s decision to  attend law school was inspired by her mother, who was the first female justice to sit on Egypt’s Supreme Constitutional Court, and by her two older sisters, who are law professors at Egypt’s top university and are leading successful professional careers as lawyers.

MASON LIU (CHINA)

Before I came to the U.S., I worked at the law firms King & Wood Mallesons (Beijing) and Beijing HengDu as an IP lawyer for two years. I mainly handled disputes over patent infringement, trademark infringement, competition, and trade secrets. In general, technical analysis and prior art search constituted the most important parts of my work. I often had to analyze technical issues that I had never learned before, which required a good ability to learn.

 For example, in a patent infringement case, the defendant's attorney submitted an expert testimony against us, in which the defendant tested the infringing product used the “X-ray stress measurement method.” My partner wanted me to research the X-ray method to see if it is possible to claim that this method could not be applied to the infringing product. I spent a week reviewing the relevant technical literature and found that this method is indeed not applicable to this case, and I drafted a memo to my partner for this. Fortunately, my conclusion was accepted by the technical investigator hired by the court, and the court didn't admit the defendant's expert testimony.

LIZETH AZUARA (MEXICO)

Lizeth is a seasoned Mexican-qualified lawyer specializing in international trade and customs litigation. She has significant experience advising businesses and customs brokers in import and export control, customs regulatory compliance, and supply chain issues. Her practice also includes counseling businesses in both English and Spanish on expanding their trade operations into Latin America, handling international commercial transactions, and renegotiating contracts. Lizeth had also litigated complex customs matters before the Mexican Fiscal Federal Court and developed strategic solutions to recover goods seized and fines paid.

Prior to the LL.M., Lizeth was the lead of the customs and litigation practice team of a customs broker agency in San Diego with operations in Mexico. At the same time, she was a compliance manager for a start-up company also located in San Diego. During her practice in Mexico, she worked as a mid-level associate at the customs litigation practice team of the Customs Brokers Association of Tijuana and Tecate in Mexico.

Lizeth holds a Law degree from the Autonomous University of Baja California, where she graduated first in her class. She is also a certified tariff classificator and recently obtained a paralegal certificate from the University of California, San Diego’s extension program.

HANNA SKRYPIKAVA (BELARUS)

Hanna Skrypikava grew up in Belarus. She studied law at International University MITSO, Minsk with a specialization in international commercial law and graduated with distinction in 2018. From 2018 to 2021, Hanna worked as in-house counsel for an e-commerce consulting company in Minsk, mostly advising on IP-related issues. When protests broke out in Belarus after the 2020 presidential election, Hanna became active in the democratic movement and served on its legal aid committee.

Hanna’s main academic interest lies in international law. She has participated in several international law moot courts, summer camps, and conferences. She has also interned with the Belarusian section of the International Committee of the Red Cross. Given the political situation in her home country, Hanna also has a strong interest in democratic development, institution building, and national security. After graduating from UVA, Hanna would like to work in international law or international development. In her free time, she likes to paint and spend time with her friends. She also loves travelling and learning more about different cultures.

 

ALEXIS RAMIREZ (CHILE)

Hi, y'all! My name is Alexis Ramirez, and I am from Santiago, the capital of Chile. I came to Charlottesville in 2019 to pursue an LL.M., and after finishing my Master studies, I started an S.J.D. here (which is the equivalent of a Ph.D. in Law). I am expected to finish my doctoral dissertation in three and a half years. During my law studies in Chile, I was a teaching and research assistant in Constitutional Law and Jurisprudence. After graduation, I worked for a couple of years as a legal researcher and an instructor in a Chilean university. My dream is to be a constitutional law professor back in my home country, using what I have learned here at UVA Law. In that sense, my goal is to incorporate not only everything I have studied and researched here, but I also part of the vibrant and supportive atmosphere that makes UVA Law unique among all U.S. law schools. I am delighted to know that I will be part of this amazing community for a few more years to continue what has been one of the best experiences of my entire life!

ALEJANDRA ROCHA (COLOMBIA)

Alejandra comes from Colombia, where she grew up seeing inequalities, political corruption, and war as part of everyday life. She studied law because she had the desire to find legal solutions to armed conflicts with the goal of being a change agent. After becoming a lawyer, she worked providing pro-bono services, where she learned how to understand and represent vulnerable populations in need. It strengthened her resolve to help others through her knowledge of law.

Afterwards, she became a law clerk in an administrative court, where her work concerned reparations for the deaths of young conscripts. She continued seeing the effects of war through the lens of a spousal volunteer in Fort Polk, Louisiana, where she used to live.

Now, she is a 2022 LLM candidate at UVA, a 2021 Tillman Scholar, the current president of GLSA and volunteers with the  International Rescue Committee. Her objective is to continue learning about and researching legal strategies that can end armed conflicts in completely different societies around the world. By doing this, she hopes to limit international human rights violations and finally achieve post-conflict stability. 

Sines v. Kessler: Far-Right Conspiracy Trial in Charlottesville


Anna Bninski ‘23
Executive Editor

Like most current students at the Law School, I was not in Charlottesville during the events of August 11 and 12, 2017. But this is my hometown. And so throughout the day of August 12, I followed the events through news headlines, through friends’ posts. I called my family. Alone in New England, I watched feeds with disbelief spiking into horror. It was one of the worst days of my life—and my trauma was remote, mediated by six hundred miles of distance and a computer screen. I still cannot quite fathom what those events must have been like for those on the ground when the white supremacists descended on our town.

That experience is at the heart of Sines v. Kessler, the jury trial currently in progress at the Charlottesville federal courthouse.[1] On Tuesday, November 2, the Karsh Center for Law and Democracy and the UVA College of Arts & Sciences Jewish Studies Program hosted “The Charlottesville Trial,”[2] a panel discussion of the case featuring the Law School’s former Dean John C. Jeffries, Professor Leslie Kendrick, and Professor James Loeffler of the Jewish Studies Program. Professor Micah Schwartzman moderated, and opened the event with a brief overview of the far-right rallies, the counter-protests, and the violence that took place on August 11 and 12, 2017.[3] He noted that the case fills a space that might have been filled by federal action, if the Department of Justice had pursued claims.

Sines v. Kessler is a multi-plaintiff suit, brought against the far-right organizers by people harmed during the rallies and violence. Opening statements took place on October 28; as of writing, the trial is scheduled to end on November 19 but has been moving slowly.

This courtroom sketch by Bill Hennessy shows the jury listening to opening statements in Sines v. Kessler. Courtesy of nbc29.com.

Each panelist brought an interesting, nuanced approach to multiple issues, which this article can only provide an abbreviated summary of. 

Dean Jeffries explained that Sines includes both a state law civil conspiracy claim (essentially, that the defendants “contemplated and committed” torts in concert) and a federal claim under 42 U.S.C. 1985 (3). Enacted in 1871, the “Ku Klux Klan Act,” as Section 1985 (3) is known, provides for damages against people who conspire to deprive others of “equal enjoyment of rights secured by law,” (as phrased by the presiding Judge Norman K. Moon ’62, quoted by Dean Jeffries).[4] Unlike the more familiar civil rights claim under Section 1983, this action does not require that the action be taken under color of law.

The scope of this action is a narrow one, Dean Jeffries emphasized, as our legal system generally secures individual rights against government interference, rather than against the actions of other people. “You are free to not date Democrats, or not date Republicans,” Dean Jeffries pointed out, in one of the lighter moments of the discussion. However, the few rights that are secured against private actors are rooted in the 13th Amendment; this brings racially-motivated infringement of rights within the scope of Section 1985 (3).

Dean Jeffries hazarded a guess that the plaintiffs will be able to make out their federal claim, but stated that the state law civil conspiracy claim looks like a better bet.[5] He also noted that the case functions more as a statement about the consequences of organizing events like the ones that occurred in 2017 than as a source of meaningful compensation, since “these defendants are mostly judgment-proof … you can’t get blood from a stone.” Indeed, more than one defendant is currently imprisoned; the prospects of plaintiffs actually receiving damages for their physical and mental harms appear slim.

Professor Kendrick spoke to the First Amendment questions raised by conspiracy claims that are adjacent to political expression. Conspiracy typically consists of an agreement plus an overt act. Even though the agreement component means that “most conspiracies, you can imagine, are made of words,” Professor Kendrick clarified that in general conspiracy falls outside of the First Amendment’s protection of free speech. She noted that, while political speech is protected, political motivation for someone’s violent act “is not going to immunize their actions.”

Professor Kendrick explained that there is a line between teaching or “conspiring to convince someone of ideas,” which is not actionable conspiracy, and making preparations for violence. If plaintiffs can show conspiracy to commit violence, “the First Amendment is not going to swoop in and change that.”

Professor Kendrick noted that the trial outcome will depend on how well explained the somewhat thorny legal issues are, how concretely defendants can be connected to the violence, and how well the jury understands the whole picture—which is quite a complex one, given the multiple plaintiffs and defendants.

Professor Loeffler has been following the trial closely, watching on closed-circuit television at the courthouse along with members of the media. One primary takeaway: “there is no substitute for actually knowing the law.” He described a somewhat chaotic scene on the defense, with a multiplicity of lawyers (one of whom apparently started a line of questioning that implicated his client, before being cautioned by Judge Moon) and two defendants appearing pro se. Professor Loeffler had perceived a “palpable reluctance to get involved” during the voir dire process, as many people who were called as potential jurors had no interest in reliving the events that traumatized the community. Jury service, especially in a case this long, is a substantial and difficult responsibility.

He also expanded upon Professor Kendrick’s point that the long, complex case offers plenty of room for a mixed verdict, or for jury confusion. There’s the potential both for the defense to torpedo itself and for the jury to turn against plaintiffs’ very well-organized legal team, which has suffered some dog-whistles about being from “out of state.”[6] With all the moving parts and many parties, Professor Loeffler predicts that the jury will look to Judge Moon for guidance—and perhaps to move the case along.

While the courtroom is closed to the public, one can listen to the proceedings in real time by calling (888) 808-6929; access code 4334643. Judge Moon has prohibited recordings; “I would respect that prohibition,” advised Professor Schwartzman.

With the outcome remaining uncertain, likely for weeks, Dean Jeffries had one certain observation: in a case making a statement about the consequences of racist and anti-Semitic violence, “a statute called the KKK Act is exactly the right remedy.” I know I am not alone in hoping that the application of the law brings this town some type of justice, however difficult and delayed.


[1] A variety of criminal proceedings also followed those events (which are variously termed “Unite the Right” or “The Summer of Hate,” depending on whom you ask). The most prominent of these led to the 2019 sentencing of James Alex Fields, who drove his car into counter-protestors, to life in prison for the death of Heather Heyer.

[2] Out of consideration for the fact that Charlottesville is a place, whatever its (abundant) problems and complexities, rather than solely a thing that happened, I would have lobbied for a different event title. Other locals might disagree with me, though.

[3] Elizabeth Sines ’19, the named plaintiff, was a student at the Law School when she counter-protested and witnessed Fields’ car attack.

[4] I was lucky enough to intern in Judge Moon’s chambers this past summer—happy to be a resource if anyone is looking into interning in the W.D.Va.!

[5] He also brought us all back to CivPro basics with a reminder about supplemental jurisdiction and the incentives out-of-state attorneys have to file in federal court.

[6] The plaintiffs’ team includes prominent attorneys. Karen Dunn, a former federal prosecutor, served as associate White House Counsel under President Barack Obama  and Senior Advisor and Communications Director to former Sen. Hillary Clinton. Roberta Kaplan successfully argued at the Supreme Court for the invalidation of the Defense of Marriage Act, and recently resigned from the Time’s Up Legal Defense Fund due to her ties to former New York Governor Andrew Cuomo.

First Annual Transactional Law Competition


Registration opened this week for the First Annual Transactional Law Competition at UVA Law. The Transactional Law Competition is a five week competition that culminates in a final mock negotiation on Friday, February 25, 2022. It is a great way for students who are interested in practicing corporate or transactional law to get experience. This competition is open to 2Ls and 3Ls to compete in two member teams. All necessary information, including identity of the team’s clients, for this negotiation will be released over winter break in a packet. The packet will include information about the clients, the types of agreements available to them, the facts surrounding the negotiation, and other resources to help them prepare. The competition will officially launch on January 28, 2022 with a Kick-Off event where professors will discuss different agreements and what factors participants might consider in a similar negotiation. Participants will work with their teammate to draft a term sheet which they will trade with their opposing counsel two weeks after the Kick-Off. After exchanging agreements, participants will have two more weeks to prepare for their mock negotiation. The negotiation will take place at Darden and start with a breakfast and end with a luncheon. The luncheon will be open to 1Ls and a great opportunity to network. Practicing lawyers will serve as judges for the negotiation and will judge the negotiating process. The winner will be announced at the end of the luncheon.

You can register for the competition at https://www. uvalawecvc.com/transactionallawcompetition. You will be able to sign up individually or with a partner. If you sign up individually, you will be paired with a teammate before the competition begins, and if you are registering as a team, please indicate the other member of the team when registering. Email Lauren Johnson (lnj6kq@virginia.edu) and Matt Cook (mpc8v@virginia.edu) with any questions.

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