Letter to the Editor: 2-19-2020


The UVA SBA Academics and Faculty Relations Committee is interested to know more about what current UVA Law students think about the course offerings for the 2019-20 academic year. To that end, the Committee has prepared a short survey where students can indicate their satisfaction with this year’s course offerings. Your responses will help the committee gauge the level of satisfaction with this year’s course offerings and will provide valuable insight into the academic preferences of current students. The survey can be accessed by visiting http://tiny.cc/SBAsurvey or by scanning our QR code. Please do not fill out the survey more than once. Thank you for your participation.

Tweedledee and Tweedledum: High School Musical


Sam Pickett ‘21
News Editor

High School Musical 3 > OG High School Musical

Lena and I are both huge fans of the High School Musical Trilogy. Beginning in 2006, High School MusicalHigh School Musical 2, and High School Musical 3: Senior Year, the trilogy follows the journey of two teens, Troy Bolton and Gabriela Montez, from very different worlds as they work to discover who they are and what they believe in. 

We both agree that HSM2 is the best movie. The plot? Engaging and aspirational. Who hasn’t wanted to spend the summer working at a swanky summer resort with your friends? The music? Unmatched in any of the other films. “Fabulous” showed us the value of knowing what you want out of life; “Work This Out” taught us that anything can be a musical instrument; “I Don’t Dance” proved that baseball and dancing are the same game; “Gotta Go My Own Way” tore our hearts out and gave me my go-to karaoke song for the rest of my life; “Bet On It” graciously gave us the iconic image of Troy Bolton dancing passionately on a golf course and hitting his own reflection; and “Everyday” put the pieces of our hearts back together. This was also the first movie where we saw Troy and Gabriella kiss, so there isn’t really much argument.

So where do I diverge from Lena? I believe HSM3 is better than HSM1, and to be honest, if you disagree with me it’s because you’re being nostalgic. HSM1 is an excellent movie, but it is also the one where the characters are the least developed, the plot is the simplest, and the music is undeniably the worst.[1]

First, the characters in HSM1 are still at that stage in the trilogy where they embrace their typical high school stereotypes. Chad is still a basketball jock who lacks any big-picture view of life; Ryan and Sharpay are still the snooty theater kids; and Taylor is still the annoying science geek who hates all of the popular people. While the whole point of the first movie is how these characters break out of their shells, I would prefer for there to be no shell at all. The second and third movies are so good, in fact, because the characters are all friends and they have each others’ backs no matter what. The friends are so supportive that in the third movie Chad is even okay with his best friend Troy violating their childhood pact to play at the University of Albuquerque so that he can attend Berkeley to be closer to Gabriela. Watching these characters become more mature is one of the great joys in the HSM universe, and HSM3 is the best example of it. 

Secondly, the plot of HSM1 is basic. A boy and a girl discover that they want to break out of the “status quo” society has set for them, but their friends don’t want them to. After some shenanigans, they all learn the value in being who they want to be, and they come together to accomplish all of their goals and everyone is friends. That’s it. It was perfect for 2006, but 2008 (When HSM3 was released) demanded more. In HSM3, the characters juggle the following conflicts: Troy and Gabriela must decide what will happen to their relationship when she goes off to Stanford; they must all organize and plan a musical about their high school careers; Sharpay must fight to maintain her role in the musical after her assistant almost takes over; Troy has to pick a college; and everyone must deal with the impending separation that college will bring. It is riveting. Also, Troy and the East High Wildcats won a championship at the beginning of the movie. How can a movie starting with “Rocketman” hitting a game winner NOT BE AMAZING?

Finally, there’s the music. Oh sweet lawd, the music. It starts with Troy leading a comeback in the state championship game with “Now or Never,” a song so inspirational that I feel ready to write the rest of this article after listening to it just once. It also features a touching moment between Gabriella and Troy, where she gives him the strength to win the game. All very intense. Then there is the classic “Can I Have This Dance?” where Troy and Gabriella dance BEAUTIFULLY and ROMANTICALLY on the roof of the school after TROY has just bought GABRIELLA tickets to the prom. Go watch the video of it and tell me you are not inspired. If Maria[2] saw that and wanted to leave me for someone who could dance like Troy, I would honestly help her because I also aspire to leave myself for someone who could dance like Troy. 

I could keep going on about the songs, but I would also like to emphasize how intricate the choreography is for the film. “The Boys are Back,” filmed in a junkyard, features the boys doing sick acrobatic moves with the junk. “Scream” features Troy passionately singing and dancing in the school hallways WHICH START TO MOVE. AND TROY JUST GOES WITH IT. Then there is “Night to Remember,” which I watched the night of my senior year prom to get me hyped up for the main event. I could go on about every song, but I think my point is proven. 

This is in grave contrast to HSM1, which features some classics in its own right, like “Start of Something New,” “Get’cha Head in the Game,” “Bop to the Top,” and, of course, “Breaking Free.” But those songs aren’t the ones you want to listen to over and over again. You hear them once, you acknowledge that they’re great, but then you move on. “Bop to the Top” does Bop, but it is also just a bit annoying after a while. Not true with HSM3.

Anyway, in conclusion HSM3 is the second best HSM, and anyone who denies it should re-watch the first and see how much of a difference two years can make in how EXCELLENT a movie can be.


[1] I want to be clear, worst is a relative term. The worst music in the HSM trilogy is still better than most songs in the world.

[2] My girlfriend.


Lena Welch ‘20
New Media Editor

What Team? OG HSM

Please email editor@lawweekly.org if you would like to see two dummies fulfill their upper-level writing requirements by dissecting the High School Musical franchise. I was supposed to cut down my original 1,129-word draft, but I ended up writing more…

I’m quite impressed by Sam’s argument, given how little merit it possesses. High School Musical, which Sam calls “HSM1” even though it is simply HSM, is the best in the HSM trilogy. It not only inspired generations of fans, but it helped to establish the DCOM musical era, a gift that kept giving.[1]

Before I demonstrate the superiority of HSM over HSM3, I want to note a few things about the best HSM film: HSM2. I don’t think I’ll ever be in love with someone as much as I was in love with Zac Efron in 2007. High School Musical 2 and Hairspray? An incredible combo. His darker, Link Larkin hair really made his eyes pop. Songs, summer, Sharpay. To borrow from the Hannah Montana movie, “What’s not to like?” My family had just gotten Verizon FiOS, and new customers were able to access HSM2 a week early. I watched it eleven times in that week (my friends who remember me talking about To All the Boys I’ve Loved Before during 2L fall won’t be surprised by this[2]), memorizing the dances to “What Time Is It?” “All for One,” and “Work This Out.”

I actually watched the premiere of High School Musical at the home of UVA Law alumna Laura Cooley ’18 (L.C.). I can’t describe everything that went down that night, but everyone in attendance knew that our lives had changed with the introduction of Troy.

Whereas Sam feels the characters and plot were nothing special in HSM, I have to respectfully disagree. These characters are complicated with motivations that change as they learn and grow, but they share a very important characteristic: ambition. This movie explains to its viewers that ambition, dreams, confidence, and drive are not things to hide, but things to cultivate and work to achieve. This is a particularly important message because it accompanies Troy and Gabriella’s discovery about themselves. The “shell” is necessary to illustrate that the boxes other people put us in—or that we put ourselves in—do not contain us if we are brave enough to try something new. You mean like going left?

I also want to stan for Sharpay for a moment. Back then, she was my idol. Her fashion was iconic. She was an independent woman who didn’t need no man. She just had to include Ryan (and let me be clear, I adore Ryan) because East High was too afraid to do a humble one-woman show. Now, she is my avatar for my Disney+ account. Mah!

I don’t have space to get into all of the songs, but I want to address something highly important. Some of y’all may know that Drew Seeley provided much of the singing voice for Troy in HSM. Maybe I’m just a Drew Seeley believer,[3] but I’m not sure Zac Efron could hit the right nOoOoOote in 2006, so it’s a good thing they brought in a ringer. Nevertheless, Drew Seeley could never do what Zac Efron did in his acting performance. You can’t fake his chemistry with Vanessa *Anne* Hudgens.

To try to touch on every song here are some stream-of-consciousness notes I wrote during Nonprofit Organizations because contrary to Sam’s argument above, these songs are exceptional:

The “Start of Something New” it was. Having just attended a karaoke night on iTrek, I feel prepared to say that this karaoke night was special. I actually stood on a coffee table to sing along when I watched on December 31, 2019. There’s no better song to ring in a new year.

“Getcha Head in the Game.” Again, shouts to Drew Seeley. The dancing is amazing, with some of the best prop work of all time.

“What I’ve been Looking For.” When my sister and I acted out this song, we would trade off between Ryan and Sharpay. Sharpay gets a time step, but Ryan gets jazz squares and a one-handed cartwheel. But, y’all, this is why we gather in this hallowed hall.

Reprise. On re-watches, it maintains the emotional power from the first time you saw Troy step forward. “I’ll sing with her.”

~*~CALLBACKS~*~

“Stick to the Status Quo.” I celebrated Thanksgiving with one of my childhood best friends. I can’t remember why, but at some point she and I burst out in a near-complete rendition of “Stick to the Status Quo.” Plus, this song features two of the loves of my life: baking and homework. Just kidding. But baking. Crème brûlée, baby.

“When There Was Me and You.”[4] The weak point of the movie, but it leads to the “But I”/“Me Neither” lines. Two of the most devastating lines of all time. 

Pause for Troy singing on Gabriella’s balcony. It’s a pairs audition, baby.

“Bop to the Top.” Honestly, justice for “Bop to the Top.” Sharpay and Ryan are performers. They are here to entertain. And they would be happy to do it again for their fellow students, an audience they deserve.

My biggest issue with “Bop to the Top” is that there’s no way in this fictional world where Kelsey Nielsen wrote the winter musical that “Bop to the Top” exists in the same musical as “What I was Looking For (Reprise)” (because “if you do that part with that particular song I imagined it much slower,” “If…”) and “Breaking Free.”

“Breaking Free.” Look at me, right at me. And I have every day since Troy said that. This song made a couple of stars. There’s no denying it. And it could have made a couple more.[5]

“We’re All in this Together.” There’s no separating this song from High School Musical. The dance was so iconic that L.C. and I pitched some of the moves for our eighth-grade tap recital. I don’t think I could forget the moves if I tired. The song also features the characters in their most quintessential states (looking at you, Ryan, hip thrusting before your solo and jumping into everyone’s arms).

When we get to High School Musical 3, things had changed. I went to the movie opening night[6] with my friend Courtney, and I dressed up as Troy in the “The Boys are Back” scene. Don’t get me wrong, I was enthralled. If HSM2 is the Zac Efron abs movie (which don’t hold up on re-watches because we all know the heights he will reach in Baywatch), HSM3 is the Zac Efron’s outstretched arms movie. And the HSM line I quote most often is from the third movie: “Yo, yo, yo. It’s lunch time.” But the large scale diminished some of the things I loved about High School Musical, such as the CG fireworks over a grassy hill at what should be a snowy ski resort or dances that I can pick up in just a few viewings. How am I supposed to learn the dances in HSM3 without a partner? Because no one wants to the learn these dances with me. HSM3 also does my girl Sharpay dirty. She learned so much in the first two movies, and then they cast her as the villain once again. We all know who the real villain is: the costume designer who always gave Troy a shirt.

 ___
shp8dz@virginia.edu
lw8vd@virginia.edu


[1] Where would we be without Camp Rock? And I’m dead serious. I’ve seen the Jonas Brothers and Demi Lovato upwards of ten times in concert.

[2] Email editor@lawweekly.org if you want me to review the sequel, P.S. I Still Love You.

[3] Seriously, scope out Another Cinderella Story, to get some more D.S. in your life. I’ve seen that movie at least five times, mainly to try to figure out if Selena Gomez is doing *any* of the dancing.

[4] If you’ve never liked When There was Me and You, I recommend watching High School Musical: The Musical: The Series, a Disney+ show that features a decent rendition in the sixth episode.

[5] Before law school, I worked at Johns Hopkins University, and I had to accompany the baseball team to Florida for their spring break games. During this time, the upperclassmen like to initiate the new kids by making them sing. And often they make the staff do this as well. I am a terrible singer, but I’m not quite as bad as my favorite student-athlete of all time, a kid I call Long Island. So, Long Island and I decided we would sing Breaking Free. Fortunately, the upperclassmen called on Long Island when I wasn’t there. He sang Sweet Caroline, and when they asked me to sing on the bus ride back to campus, I said no. And that was that. A star was not born.

[6] October 24. Which is now my best friend’s birthday, but I will always remember it because it was the night HSM3 came out.

Court of Petty Appeals: 1L Cookie Monsters v. UVA

1L Cookie Monsters v. UVA Law
370 U.Va 100 (2020)

 

"I have had a very long day; I am very small; and I have no money, so you can imagine the kind of stress that I am under." 

While comedian John Mulaney uttered these words in his 2015 Netflix special The Comeback Kid to describe the life of an elementary schooler, he also inadvertently articulated the plight of thousands of first-year law students across the nation. To be sure, law students of all years may relate to Mr. Mulaney's proclamation, but it is recognized that the days of 1L seem longer, that the 1Ls are indeed smaller in knowledge and experience, that they have no money nor any immediate prospect of money on the horizon, and that they are thus slightly more frazzled. It is within this context that the 1L class stands before the Court today. The facts are as follows:

For approximately 16 weeks during the fall semester, the Student Affairs Office hosted a "Weekly Wind Down" (henceforth, WWD) for 1Ls in the Withers-Brown Lounge on Fridays, wherein two to three trays of cookies were always provided with the exception of one week where mini cupcakes were substituted (See, 1L Anti-Cupcake League v. UVA Law 465 CoPA 213 (2019)wherein summary judgment was granted to the defendant after the Court found that mini cupcakes, though constituting a decrease in portion size, were an acceptable substitute for cookies in this singular instance due to the high quality of their buttercream frosting). These WWDs were, of course, pretense to grab as many cookies as their little 1L hands could carry back to the library to stuff their faces with as they read and cried, but they were nevertheless appreciated. Indeed, with a variety of cookie flavors to choose from, what was not to love? 

[A two-page criticism of oatmeal raisin cookies, as well as an overview of the differences between a snickerdoodle and sugar cookie and why one should always choose the former, has been omitted.] 

The smiles have now faded quicker than the dopamine hits from the sugar, however, as this semester there has been nary a cookie to be found. For three consecutive weeks since the start of spring semester, the 1Ls allege that there have been no WWDs and, by extension, no cookies. They come to us today with three causes of action that will be taken in turn. 

The 1Ls first argue that they have an inalienable right to cookies, pursuant to our holding in Law Students Home for the Holidays v. Nosy Relatives 880 CoPA 251 (1988) in which we established that law students had a license to snack however much they so please and that they are entitled to tell relatives who ask if they’ve put on any weight as much. While the Court did indeed establish an inalienable right to snack that does encompass eating cookies, the 1Ls confuse this right with an expectation that the Law School provides them. No one contests that 1Ls have a right to eat cookies––it is the provider of the cookies at issue. 

This leads precisely to the 1Ls’ second cause of action: that the Law School has a duty to provide them cookies. One generally does not owe a duty unless falling into one of four categories—statutorily compelled, landowners, custodians, and enablers. The 1Ls allege that the Law School owes a custodial duty to protect their well-being (i.e., hunger) by virtue of them paying tuition to the tune of $63,200 (but, hey, who’s counting?). The court has already ruled on this issue in our landmark decision in Hangry Law Students v. UVA Law 852 CoPA 777 (2015)where it was found in a unanimous decision that the faculty was required to provide sustenance in the form of snacks to law students, wherefore the “Snack Room” was created. The case before us is distinguished from Hangry, however, because students today already have an oasis of snacks in the desert of the Law School from which to seek refuge, that is to say, the “Snack Room,” whereas students before Hangry were left to wander as a collective, hungry Moses through the school. Options, albeit not as scrumptious as a Snickerdoodle, are nevertheless available to all. The Court declines to extend our holding in Hangry to require free cookies for law students at this time. 

The 1Ls’ third and final cause of action is that the Law School breached a contract with the 1Ls when they did not continue WWDs in the spring semester. The Law School insists that providing cookies each week was gratuitous and is unsupported by consideration, to which the 1Ls again reply that they are paying $63,200. We side with the 1Ls that sufficient consideration exists. Undeterred, the Law School further insists the 1Ls never accepted any offer of cookies and that it is free to revoke its offer pursuant to UCC Section 2-206(2). UCC Section 2-206(1), however, makes it clear that unless otherwise expressly stated, acceptance by any manner or medium reasonable in the circumstances is valid. The Court can think of no more reasonable manner of acceptance than by eating the cookies which were offered. Furthermore, UCC Section 2-204 states that orders and acceptances exist as a routine process; therefore, since the 1Ls silence was routine in the fall semester, there was no need to specify that they would like the cookies to continue. As such, a valid contract was offered, accepted, and then breached by the defendant. UCC Section 2-713 dictates that the damages be the difference in contract and market price. However, to establish such a difference would require the Court to determine the weekly price of tuition, what percentage went towards cookies, and what a tray of cookies goes for these days. As the Court draws a hard line at participating in basic algebra, damages are instead to be nine trays of cookies (three for each week missed) provided in the WB Lounge on three discretionary days this semester, as well as the reinstatement of WWDs with cookies. 

 

SHMAZZLE, C.J. dissenting:

 

The Justice sitting by designation (whose name is worse than mine, tbh) has come in hot with this decision demanding that the Law School provide cookies to 1Ls on Fridays. When I was your age, I never got cookies on Fridays, and especially none for free from the school administration. You twerps[1] get free cookies for 16 weeks, hand delivered on literal platters, and you’re now demanding more? While I do love and respect the desire to stick it to the Man, I think the majority is forgetting the second-most important rule[2] of this court: 1Ls always lose. And here again, the 1Ls should lose. If I had written this dissent before 7:21 p.m. the night of production of this paper, I am confident I would have won the hearts of the majority and my decision would have been elevated to the majority decision. But I am a 3L, and this is my last week in charge, so anyone expecting me to do that was definitely expecting too much.

Down with the 1Ls. End the coddling, no more free cookies. Face ConLaw and Property with an empty stomach like your 3L predecessors who came before you.

 

CALAMARO, J. Dissenting, in which LUK, J. joins:

 

I fully agree with Justice Shmaezal’s dissent, but believe that it is incomplete. The famous words of philosopher Laura Numeroff come to mind, writing in her opus If You Give a Mouse a Cookie, that “he’s going to ask for a glass of milk. When you give him the milk, he'll probably ask you for a straw. When he's finished, he'll ask you for a napkin.” I believe that Numeroff’s original intent, however, was to warn against giving 1Ls cookies for free, especially when they demand them of the school administration. Indeed, Numeroff  later wrote that she would have added, “And when the mouse is done with the napkin, he will ask for a full scholarship from the administration and organize the students to sue the school in to obtain benefits.” These words hold as much weight today as they did in Numeroff’s time, and, indeed, across all times. Clearly cognizant of the burden that entitlements can have on an administration’s budget, Numeroff’s brilliant work has been a guidepost for many great legislators and was even the inspiration for Ayn Rand’s Atlas Shrugged.

Perhaps the majority believes that it is okay to do away with tradition? P’raps they feel that mice like the 1Ls should get anything they want. Giving them only oatmeal raisin cookies is one thing, but, to provide these benefits, when they had no right to them in the first place, is going too far. I support the administration in its willingness to do away with these frivolous cookie programs, the execution of which was half baked at best.

 ___
bes4cf@virginia.edu
mes5hf@virginia.edu
dac6jk@virginia.edu


[1] Yes, I’m aware half of you are older than me, but by being a 1L you are opening yourself to name-calling by 3Ls, regardless of age or maturity level.

[2] With the most important being, of course, Rule of Petty Procedure 1: We do what we want.

Hot Bench: Jeffrey Stiles '22


Jeffrey Stiles ‘22

Jeffrey Stiles ‘22

Where are you from?

I was born in Peru and spent 10 years there, but in America I’m from near Gettysburg, PA. 

 

What did you do before Law School? 

I was a Peace Corps Volunteer in Western Samoa after graduating college, but during the several-month gap between that and Law School I worked in a cardboard box factory. 

 

What inspired you to do that? 

I worked in some factories during breaks in college (mostly chip and pretzel factories) and really appreciated the perspective it provided. I wanted one last grounding experience in blue collar labor before starting Law School—it certainly did not disappoint. If you ever talk to me in person, this is your warning that bringing up boxes and the cardboard converting industry will get me going on a fifteen-minute monologue about the womb of capitalism. 

 

When did you start thinking about law school? 

I took a law course on international protection of human rights while studying abroad in Barcelona that really excited me. The actual material of the course itself was pretty cool, but I really loved my classmates and the way they thought. 

 

What’s something you know now that you would tell yourself coming into law school? 

It is okay to know nothing and look stupid. That’s probably how everyone actually feels anyways. 

 

What kind of impact do you hope to have as a lawyer? 

I hope I never forget that there are always actual people involved and impacted by the work we do—I hope their encounters with me help them see their inherent value and dignity. 

 

Let’s do a lightning round! 

 

Favorite food? 

Picante de Choclo.

 

Favorite place in Charlottesville? 

Not a specific place, but riding my scooter on the roads that meander through the horse farms. 

 

Anti-Stress Hobby?

Dance-llipticaling (dancing on an elliptical). 

 

Pet peeve?

Multiple long dissents that functionally say the same thing.

 

Favorite word?

Tort (shouted when something less than reasonable is being done).

 

If you could live anywhere, where would it be?  

Barcelona—the public transportation system is divine and the city is marvelous.

 

What’s one movie that left an impression on you? 

Hunt for the Wilderpeople.

 

If you won the lottery, what would you do with it? 

After funding a 401(k), I would buy a huge swath of land and sow native wildflowers.

 

If you could pick one song to play in the background of your life, what would it be? 

Donovan’s “Break it Down” aka the song that stole Britney’s “Crazy” (See generally, anyone in Buck’s LRW class). 

 

What is your least favorite sound? 

Nicholas Cage’s Voice. 

 

What animal are you most like?

An otter. 

 

Where’s a place you’ve never been, but would like to go? 

The Moon.

 

What are the Seven Wonders of the Law School? 

(1) Professor Rutherglen on an exercise bike, 

(2) Professor Geis saying “I think that’s right,” 

(3) the altars of sustenance (the free food table and Student Affairs), 

(4) the neo-classical brutalist architectural style, 

(5) the two painted portraits of women I have found, 

(6) the water-bottle fill up stations that actually dispense water rapidly, and 

(7) the numbering system of Slaughter 

 

If you could make one rule that everyone had to follow, what would it be? 

We would sing “The Good Old Song” before every final.

___
jps6xb@virginia.edu 

Diversity Week: Origins and Reflections


Christina Luk ‘21
Executive Editor

UVA Law’s Diversity Week is coming up on its thirteenth year. Each year, the Law School comes together to affirm our shared commitment to diversity and inclusion and to pledge that prejudice has no place in our community. Diversity Week celebrates diversity with a week of fun events including the Diversity Kick-Off on Monday, an interactive photobooth, a movie screening (Honeyland), a cultural game night, and a panel to discuss Diversity in Big Law with attorneys from top firms. 

The origins of Diversity Week start with a “diversity sensitivity campaign” organized by Lambda’s vice-president, Robin Cook ’07, in response to an incident of intolerance. On September 24, 2006, two second-year law students were attacked at Foxfield by a fellow law student for being gay. The attacker asked them if they were gay, if they would prove it by kissing, and, when one kissed the other on the cheek, the attacker threw his drink at one student and called both of them “fags.”[1]

Within the week, a Letter to the Editor had been published in the Law Weekly, penned by the executive members of The Lambda Law Alliance and signed by twenty-one professors and 122 students. The Letter reported that the student who slurred and attacked the couple at Foxfield had apologized and applauded the “overwhelming and immediate support” the student body showed.[2] The Letter went on, though, to make a powerful insight that “neither the gay community here at the Law School, nor the larger community of minority students, can take this comfort for granted. Indeed, we must be ever-vigilant to assure that those who follow in our footsteps will benefit from the same levels of openness and tolerance we enjoy.”[3]

            It is to that end that Diversity Week came about and it is to that end now that we would like to share the following student comments on diversity at the Law School: 


[1] “Letter to the Editor: Community Must Be Supportive of All Students,” Virginia Law Weekly, Vol. 59. Number 5, September 29, 2006. 

[2]Id.  

[3]Id.  


Jess Feinberg ‘21
Guest Writer

I walk around the Law School with a quiet hum of awareness in the back of my mind that the masculine way I dress marks me as different. Usually, it’s nothing more than that hum, but there are times when I become very conscious that I am being looked at, and as someone who has dealt with body image issues for my whole life, that is an intensely uncomfortable experience. For events like Barrister’s, dressing in a way that makes me feel comfortable with my gender is mutually exclusive to being able to blend in. Despite how much I’d like to, because the FOMO is truly terrible, the thought of being that visible and that different is scary and stressful enough that I’m not even going to Barrister’s this year.


Leah Deskins ‘21
Staff Editor

I think I was first exposed to the idea of “diversity” being a good thing sometime in college. I had grown up in a keeping-up-with-the-Joneses, fairly cookie cutter, middle-class, very white suburban area in Southeastern Virginia. “Diversity” was decidedly not a thing there. But when I started college, I found myself surrounded by people from across the state and country, from all kinds of different backgrounds, and whose approaches to life were so different from mine. It was a fascinating, whole new world.[1]

I’ll skip ahead a little bit: At some point during college, I learned that “diversity” was a good thing. But at the same time, while I knew it had benefits for other people, I felt like I never saw its effects or that it never really affected me. I assumed that whatever the benefits were, they were just beyond my comprehension. 

 That was my mindset throughout college, and it continued after I graduated. What was wrong with me? I knew diversity could be really valuable, but I felt fake supporting it without really understanding how it worked. And I felt extra guilty because I thought that, because of my own background, I should have been able to appreciate how bringing something slightly different to the table could yield positive benefits. Yes, I had come from a very white, cookie-cutter, definitely-not-diverse area, so maybe I was a little stunted in my ability to really understand the value of diversity, but I had also grown up as part of a very small Jewish community among a sea of Methodists, Catholics, and Baptists, among other Christian denominations. I was often the only connection my friends and classmates had to Judaism. I was an oddball at home. Why couldn’t I figure this “diversity” thing out? Little did I know, part of the problem was that I thought the effects of diversity would always be obvious.

Taking Dean Goluboff’s Con Law class last spring (rather, being automatically enrolled in it as a member of Section A) changed my understanding of the value of diversity.[2] I had never had a Jewish, female, similar-career-field-as-me teacher or role model.[3] I distinctly remember that there was something special about when she asked the class to verbally list the Commerce Clause cases we had discussed and then remarked that it reminded her of the recitation of the ten plagues at a Passover Seder. It made my classroom experience feel a little less sterile. I had the opportunity to learn from someone like me. For maybe the first time, I experienced for myself how being able to relate to someone else because you share something that makes you, perhaps, a little different can have beneficial effects. It wasn’t a huge effect for me, admittedly—I still don’t really understand or love constitutional law (I’m more of a rules girl). But, it mattered, and I felt slightly more engaged in the class knowing that I could relate to a professor in a way I couldn’t relate to many other professors or role models.[4]

The benefits of diversity don’t have to be so obvious that they slap you in the face. And society shouldn’t portray them as such. They can be subtle, and that’s okay. Nor do you need a grandiose experience with the value of diversity to feel its effects. It can make a difference even on a smaller scale. 


[1] I remember being shocked that so many people had the guts to wear “Obama” apparel (it was the fall of 2012, right before his reelection) around campus. Little did I know, there is a mysterious realm out there known as “Northern Virginia” that breeds Democrats. Maybe it comes from something in the Potomac River? Maybe eating at that Russian/Uzbek, Rus Uz, restaurant on the corner of Fairfax Avenue and North Randolph Street in Arlington makes people a little more inclined to vote for left-leaning politicians? I don’t know.

[2] No, I’m not talking about Grutter v. Bollinger or Gratz v. Bollinger

[3] I am DEFINITELY no Dean Goluboff and could not aspire to come even remotely close to achieving her level of academic or personal “coolness,” but she is an accomplished, smart, and spunky person, and there is a lot to admire about that.

[4] I have since looked back at my college days and wondered why I hadn’t had this experience sooner, maybe with a female professor. Then, I realized that all but two of my college professors had been men. *facepalm* Case in point.


Melina Sonis ‘20, LL.M.
Guest Writer

"What does diversity mean to you?" After considering the question, I have found that there is no clear answer to this question. For each individual person, diversity means something different in the various situations of life. As a student, I want to learn from professors with different backgrounds. I would like to be trained to become a person who does not think in a biased way, but rather someone thinks diversely and asks questions critically. I want to debate and discuss various controversial topics, especially with people who do not share my opinion. As a woman, I want to be judged independently of my gender, only by my own performance. I want to have the same educational and promotional opportunities as people of other genders. As an LLM student, I wish to learn more about the different cultures and ethnic backgrounds of my fellow students. I would like to take the opportunity in this international environment to learn how lawyers from other countries think and work and thereby broaden my own perspective on law. As a German, it is important to me that we always remember that diversity means freedom and that this is one of our most important values. Last but not least, as a human being, I want to be treated independently of my origin, my appearance, my sex, and my cultural and religious background, but only on the basis of my own individual personality.

___
cl3eh@virginia.edu
jef9xc@virginia.edu
lcd4ew@virginia.edu
mss2bs@virginia.edu

Hot Bench: Arjun Ogale '21


Arjun Ogale ‘21

Arjun Ogale ‘21

Hi Arjun! Thanks for coming to Hot Bench. We’re happy to have you. Let’s get the party going with some easy questions. Where are you from? 

I’ve moved around a lot, but I lived in Texas for several years before coming to Law School. 

 

So would you count yourself as Texan?

Yeah, with the boots and barbecue, no ten-gallon hat though.

 

Anything else uniquely Texan? 

Fracking for oil and riding horses.  

 

When did you start thinking about law school? 

I watched Suits. No, that’s not what happened. Junior year of college, when I started working in the IP Patent office at my undergrad and I thought, wow, I can be an engineer and a lawyer. 

 

So what happened to the engineering? 

I might still do a little bit. I’m really interested in tech/criminal law, and I hope to use my technical background. 

 

What’s something you know now that you would tell yourself coming into law school? 

There are two ways of doing LRW. You could try really hard and get an S, or you could blow it off and get an S. #BestBriefGunners

 

Let’s do a lightning round! 

Favorite food? 

My mom’s Indian cooking, it’s unparalleled. I also like Christina Luk’s kimchi fried rice. 

 

Anti-Stress Hobby? 

Cooking! Eating out, watching basketball. Actually, that gives me stress. Because I root for my team, and then they lose and that makes me really sad. 

 

How’s Texas Tech doing this year?

We’re ranked, which I can’t say about Virginia. On the topic of basketball, so sad about Kobe Bryant, R.I.P Mamba. 

 

Favorite word? 

Rainbow. It’s nice and happy.                   

 

If you could live anywhere, where would it be? 

Paris. It’s just a beautiful, charming city. I love the Parisian lifestyle. It smells like perfume. 

 

What’s one movie that left an impression on you? 

Moonlight. Amazing movie. If I could do one thing not law, I would be in a movie or tv show. 

 

If you could star in your own movie, what would it be about? 

It would be a movie about cops and gangsters. I’m not sure which side I would star in. 

 

If you won the lottery, what would you do with it? 

How much money? 500 million? I’d keep five million and go live in Paris. I’d do like Jay-Z said in that one song. I’d invest it and 50 years later it would be 1 billion. Wait, more. Dang. I gotta play this song for you. [The Story of OJ

 

If you could pick one song to play in the background of your life, what would it be? 

Started from the Bottom by Drake. Where’s that seven wonders question, I want to do that one. I tell you, I read these Hot Benches every week. 

 

What’s your spirit animal? 

Charles Barzun. 

 

Where’s a place you’ve never been, but would like to go? 

Iceland sounds pretty cool to me. Or Canada, I’ve always wanted to pay our neighbors a visit. 

 

If you could make one rule that everyone had to follow, what would it be? 

Hmmmm, so I’d be like king for this one rule? Huh. Man, I’d love to be a king. No one should put creamer in coffee. Black coffee is how coffee should be drunk. I would ban coffee creamers. 

 

What are you looking forward to this summer? 

Choosing members for VLR. I’m looking forward to all the 1L personal statements. 

 

What about 3L, any plans?

Take more seminar classes and going to more wineries. 

 

Zombie apocalypse, what’s your game plan? 

Do all the rules from Zombieland. Most importantly, double tap. 

 

What are the Seven Wonders of the Law School? 

(1)  Mandy

(2)  Kevin Schunk’s softball batting ability, which is just incredible. 

(3)  Dominique Fenton’s Hair 

(4)  Jason Dugas putting dates in emails. 

(5)  Free food table 

(6)  The Law Librarians 

(7)  The Law Weekly

 ___
apo8xb@virginia.edu

Court of Petty Appeals: Students v. Over-Eager Administration


Students v. Over-Eager Administration
396 U.Va. 75 (2020)

 

Pickett, J., delivered the opinion of the Court, in which Luk, Calamaro, Deskins, Luévano, Jones, JJ. join.

 

I

Despite UVA Law’s reputation for being the most relaxed of the so-called “T14 Law Schools,” there remain some who seek to stoke students’ law school-induced anxiety, no matter the time of year. Given the insistence of the administration in disturbing students’ substantive due process right to privacy during Winter Break, the Court will restore order by condemning their actions and defining when and how students may be contacted during breaks from school.

 

II

On January 6, 2020, plaintiff Lay Z. Boi woke up at 2:00 p.m., excited for another day of doing absolutely nothing and trying to pretend he had never made the questionable decision to attend law school. And yet, as he rolled over to check his phone, he saw the familiar e-mail notification entitled “Daily Docket.” This edition showed one of Boi’s classmates, Johnny Bravo, smiling on the cover, touting his most recent success and attributing it to “not sleeping until 2:00 p.m.” Boi felt as seen as a lady of the house who had decided to take a bath that night, the heat of which was detectable with an infrared heat sensor.[1]

Boi had had enough. Despite his attempts to forget the trauma of fall semester, the Daily Docket reminded him every single weekday that he was a law student and that, as he attempted to rest, there were those who would never stop. He decided that his reasonable expectation of privacy in having an unbothered Winter Break had been violated, so he filed suit in the Court of Petty Appeals.

 

III

The right to privacy during Winter Break provides that students shall be contacted during Winter Break only if a grade has been posted to SIS (which rarely happens), or if they have become enrolled in a class whose waitlist they were on. The right strictly prohibits the administration from harassing students with emails, particularly those which tout the success of others and seem to scorn students who prefer to spend their breaks curled up with hot chocolate and a movie. The right is particularly unforgiving of emails containing information that is neither relevant nor necessary.

The right to privacy during Winter Break is as old as Common Knowledge itself, and it is a right that can be found in the penumbra of our Constitution’s most important amendments—III and IV. The Third Amendment prevents soldiers from being quartered in American homes, just as this right to privacy prevents emails from the administration from being quartered in the email inboxes of innocent students around the country. And the Fourth Amendment’s protection of people in their persons and effects means that no one should be attacked in their own home by the vicious cyberbullying implicit in the Daily Docket. The right was first articulated, however, in the case of A Few Good Men v. A Few Good Women, 265 U.Va. 12, 97 (2015), where the Court found that Winter Break is discrete and insular time period, which should only be trespassed upon if there is a compelling administrative interest. It has since been refined to a set of rules defining when students may be contacted. Students v. UVA Alerts, 365 U. Va. 15, 25 (2016), recognized the reluctant rule that UVA may contact students in the event of an emergency, though it did remand to lower courts for a determination of how many emails the administration was allowed to send in a span of five minutes.[2] Finally, the most recent case of Young Robert DeNiro in “The Irishman” vs. Old Robert DeNiro in “The Irishman, 188 Scorsese 30, 45 (2019), established the exception that “students may receive emails about grades and classes, but they should find out such information within a reasonable amount of time and not after four weeks of anxiety induced waiting.”

The administration’s actions were clearly in violation of the right to privacy during Winter Break. The Daily Docket does not inform students of emergencies, nor does it provide information about grades or classes. It is an essential and useful tool during the school year, but a tragic reminder of students’ law school demons during the sainted period of Winter Break. 

 

IV

We hold in favor of the plaintiff and award emotional damages in the form of another week off of school for Boi and the rest of the Law School. By “excluding” a week of school, we help make Boi and his classmates whole after their privacy was so forcibly trespassed upon by the tyranny of authority.         

 

Schmid, J., concurring.

I am in agreement with the majority, and Judge Sam “Sam’s Club”[3] Pickett in their rejection of the bombardment of students’ inboxes with Daily Docket emails, as well as its proper reverence for the continued vitality of the Third Amendment. I write separately to exercise my right as a 

Petty Judge of this Petty Court to grouse about whatever I want. This concurrence is aimed squarely at the University’s use of UVA Alerts. In theory, the UVA Alerts are an important and necessary tool to communicate urgent news to the University community. In reality, well…. Let’s just say many alerts are reminiscent of that last paragraph you write when you’re running out of time on a four-hour final exam and you just let the words flow onto the page in whatever haphazard way they tumble out of your brain. What follows are some of the greatest hits of the UVA Alerts. 

(1) A recent alert warned us, “Battle Building reported in area of AVOID the area.” (2) Late last July, while 1Ls were consumed with OGI stress,[4] we were comforted in the assurance that “the incident,” whatever it may be, “in area of Fontaine Ave. has been cleared.” (3) Last spring, an email was dispatched alerting us that “Bice House reported in area of .” (4) To my knowledge, at least two recent alerts were entirely blank. (5) Lastly, who can forget when the UVA community was on the lookout for a suspect with the following characteristics unknown: age, eye color, hair color, height, race, sex, and weight.

It is regrettably true that I have no control over the UVA Alert system. However, I am a firm believer in the power of the Court of Petty Appeals and its members to indirectly effect change through publication, one petty rant at a time.

___
shp8dz@virginia.edu
ms3ru@virginia.edu


[1] Shout out to Criminal Investigations for this joke.

[2] The limit was one, which the University has repeatedly ignored.

[3] A nickname I have stolen from our beloved newspaper tyrant, Chief Justice Shmazzle.

[4] Don’t worry, current 1Ls, it’s going to be great! See, e.g.Class of 2019 v. 2016-2017 Peer Advisors, 329 U.Va. 1 (2019) (collecting comforting lies told by PAs and other 2Ls and 3Ls about the first year of law school). 

Hot Bench: Quinn Conrad '22


Quinn Conrad ‘22

Quinn Conrad ‘22

Hi Quinn, and welcome to Hot Bench! Where are you from? 

Baltimore, Maryland.

 

What are your favorite places to hang out or eat in Baltimore?

There’s a really cool bookstore near Hampden and an SPCA that I like to go to.  

 

Did you work or volunteer with the SPCA?

No, but we’re always trying to adopt. Actually, we just adopted a kitten over the summer––it was free cat adoption month. His name is Chaos, and he’s crazy. 

 

You’re done with one semester of 1L, congratulations! What are some of your favorite Law School memories so far?

My section is very close and we do a lot together. Also, my three friends and I will get together and bake for everyone’s birthday; we make them whatever treat they want. It’s been really fun, and we’ve made everything from Texas chocolate sheet cake to cream puffs. One day, we made homemade biscuits with honey-butter glaze and a quiche. While baking, there’s one friend who wants to eat more than he wants to bake and another guy who samples everything, so we have to make double what we bring to class. 

 

Favorite book read?

My all-time favorite is The Alchemist; I was surprised by the ending, and the story line really resonated with me. It’s really inspiring. 

 

Secret Hidden Talent? Other than baking?

I can say the alphabet backwards in less than 2 seconds. (verified) 

 

How long would you live in a zombie apocalypse?

If my lifespan was judged by killing zombies in Call of Duty, then not long at all. But, I take notes when I watch 2012 or end-of-the-world movies, so I think I could last a week. Bird Box? I got a lot out of Bird Box

 

You are about to get into a fight, what song comes on as your sound track? 

“Got Each Other” by the Interrupters.

 

What is a superstition you believed in or still believe in?

I still lift my feet over railroad tracks, I don’t know what it means, but I still do it. Actually, I have no idea what that superstition actually does

 

If part of your life was made into a movie, what part of it would be made?

I think probably my first year at VMI, and my first year as a movie would be a mix of one of those real military movies but also The Benchwarmers. I was the only girl in my group; we were doing hill sprints and had to buddy carry each other up the hill. Nobody wanted to pair up with me because I was a girl. So I grabbed this six-foot guy and sprinted up the hill. Then everybody was like “okay, Conrad,” they didn’t even notice until I was halfway up. 

 

During VMI, you studied international studies and Chinese, what was that experience like?

Academically, the I.S. department had some of my favorite professors. The Chinese department was very small, and I was only the second or third class to graduate, so I was very close with my Chinese professor too.

 

Can you say something in Chinese?

我的中文名字是康妮,我最喜欢的中国菜是biang-biang面。(My Chinese name is KangNi, my favorite Chinese dish is biang-biang noodles). 

 

What is something you want to do or try this year?

If I could learn how to navigate my way around Slaughter Hall this year, that would be a win for me. 

 

What do you do to relax?

I like hiking a lot, and I buy a lot of greeting cards. When I get stressed out I send them out to people, writing to friends and people I haven’t talked to in while. 

 

Now that you’re not training, what is your workout routine like?

I probably run 4-5 days a week and lift four days a week, and dedicate one day to do something fun like a swim, hike, or bike. 

 

What is a favorite food, or comfort food?

Maybe Chinese food, because I order it with my sister and we spend time together.

 

All of your siblings are/were in military school or are planning to join after college, how did that come about?  

Our fun fact is that someone from our family in every generation has served since the Revolutionary War. I don’t know how it got traced back that far, but somebody in our family found it. Serving our country was inherent in the way we were raised, we had an awareness about it, but we weren’t pushed into it or anything. Growing up, my dad would always tell us stories of his training, it was really awesome to grow up learning about his experiences. 

We thought it was just going to be our brother, but now all three of us will be serving. 

 

If you could be born in a different era, what would it be? 

Oh man, I’m not sure; Back to the Future is the most confusing movie and I cannot sit through it.  Hmm, Jane Austen is one of my favorite authors, so it would be cool to go back to that time period, but probably not as a woman! 

 

Favorite place traveled to? 

That one’s hard, because Israel is one of the coolest places I have been too (during iTrek). I really liked China; I studied abroad in Shanghai and did Spring Break in Nanjing. Chendu, Xi’an, Hangzhou, Hong Kong, and Beijing are all great cities as well. But I love the French Riviera too. 

 

---

qec7ng@virginia.edu

 

Law Weekly Recaps Fall Softball Season


Will McDermott ‘22
Staff Editor

It took a lot of scheduling via GroupMe polls, but believe it or not, we actually did complete the fall softball playoffs this year. Without further ado, your champions:

 

Co-Rec Champion –The PArents

The proud PArents: Will Tucker ‘20, Jessica Joyce ‘20, Kevin Schunk ‘21, Samwise Pickett ‘21, Arjun Ogale ‘21, Will Hinton ‘21, Read Mills ‘20, Molly Cain ‘20, Katharine Janes ‘21, Kat Goebel ‘21, Phil Tonseth ‘22. Photo credit Molly Cain ‘20.

The proud PArents: Will Tucker ‘20, Jessica Joyce ‘20, Kevin Schunk ‘21, Samwise Pickett ‘21, Arjun Ogale ‘21, Will Hinton ‘21, Read Mills ‘20, Molly Cain ‘20, Katharine Janes ‘21, Kat Goebel ‘21, Phil Tonseth ‘22. Photo credit Molly Cain ‘20.

Defeated Sermon on the Mound, 32 – 22.

            We expected a high-scoring game out of these two teams, and they delivered. Fifty-four runs, wow. That means the teams collectively ran about two and a half miles just lapping the bases. Hey, Sermon, on the bright side, at least you got some cardio during finals (and saw the sun). The PArents ultimately came out on top. We won’t mention the ex-D1 baseball player 1L who played but may or may not have actually been on their roster *cough cough* Phil Tonseth ’22. In any event, kudos to the PAs; way to take down the #2 seed.

            

Co-Rec Semi-Finalists: 1L Section G

Lost to Sermon on the Mound, 7 – 5. 

            The 1L underdogs wanted to find their way to the championship, but the seasoned Sermon team was too big of a match. The teams exchanged tense words, and they left it all on the field in this heated contest. I’m impressed that they held Sermon to only seven runs, the same team that put up twenty-two in the championship. Congrats to Section G on a terrific season—a solid showing for the 1L class.

 

Co-Rec Semi-Finalists: Lonestar Lawyers

Lost to The PArents, 22 – 5. 

            The Lawyers tried to fight off a strong PA team, but their efforts were to little avail. The PAs started with a strong lead and maintained it throughout the game, pulling further ahead each inning. Congrats on making it to the semis, Lonestar Lawyers; your prize is not having to pay state income tax. 


Open Champion – Batmen

Defeated Sneaky Business, 27 – 21.

            Sneaky Business is comprised entirely of Darden guys; thankfully, they didn’t win. Even with a strong defensive presence, these two powerhouse teams put up a combined forty-eight runs. The Batmen made several clutch plays that cut off the Darden boys’ momentum at critical times, which probably made the difference in this intense matchup. Congratulations to the Batmen—they were a talented team this season.

 

Open Semi-Finalists: Humongous Melonheads

Lost to Batmen 29– 28. 

            Three of Law Weekly’s finest (Nate Wunderli ’22, Tonseth, and I) took a hard loss in this battle. Us Melonheads fought a tight contest, playing with only seven men. Melonheads came out strong and held the lead for most of the game. In the top of the 7th inning, we were preparing for our walk-off, and the Batmen’s bats started heating up—they scored back ten runs (from 19 to 29 – 25). The Melonheads pushed in the bottom of the 7th, scored three but left two men on base, and came up short one run.

 

Open Semi-Finalists: MEAT

Lost to Sneaky Business 20 – 15.

            Even though MEAT came to play, Sneaky’s defense was making all of the right plays. There was only so much each team could do to stop runs, but this matchup came down to the Darden boys ending each inning while MEAT had runners on base. Those runs would have likely put MEAT far ahead.

            But hold on, they weren’t the only champions this season. The umps also handed out the “extremely prestigious” NGSL Awards:

 

Best Uniforms – Nettie Light

            Only about half the teams actually had “uniforms,” so the other half was lucky if their players showed up wearing the same color shirt. So props for the creativity, but more importantly, the effort.

 

Most Likely to Yell at an Ump – The Gentlemen of the Class of 2022

            Agreed, I know I personally deserve at least 1/170th of this award. 1L games get heated…someone gets called out on a pitch that hits the plate and the benches clear to calm the captains down, we’ve all been there…right?

 

Rookies of the Year – Section G

            This is well deserved. Section G worked with what they had—they didn’t recruit from out of their section and made it to the semi-finals, where they held the #2 seed to seven runs. For the record, my section team (E) beat them in the regular season, but unfortunately, that means nothing. Their squad showed up to play when it mattered the most.

 

Most Likely to Ghost – VJILantes 

            No one likes ghosts. Scheduling games and reserving fields is a hassle, but it’s part of the game.

 

Team to Watch – Humongous Melonheads

            We definitely are the team to watch next season. IMO, we should’ve won in the fall.

 

Most Likely to Not Have Enough Women – Fed Sox

            Also part of the game, finding women who want to play the game. Fed Sox pulled it together and fielded a team for the playoffs, though.

 

Most Surprising Season – Habeas Porpoise 

Winners of the 1L tournament last year, everyone expected this team to have a strong showing this fall. Or, at least, show up to play at all. The team ended up not participating in the playoffs––the Law Weekly isn’t sure if it’s because they couldn’t rally enough players or if they just wanted to quit while they’re ahead. Regardless, NGSL thanks them for the $60 in registration fees.

Always the Bridesmaid – Sermon on the Mound

            The #2 seed to start and runner-up to finish. Seems to be a recurring theme with this group over the last few years. There’s always next season, Sermon. And the one after that. And after that.

 

---

wjm7ym@virginia.edu

Hot Bench: Joseph Digirolamo '20


Joseph Digirolamo ‘20

Joseph Digirolamo ‘20

What is your favorite word?  

Pugnacious. It includes the name of a dog breed, which is fantastic. 

 

Where did you grow up? 

Brookfield, Connecticut.

 

What’s the best meal you’ve ever had?

Sushi with Austin in Newport Beach, California. 

 

If you could meet one celebrity, who would it be and why?

I would want to meet David Mitchell; he’s a famous novelist who wrote my favorite book, The Bone Clocks

 

What’s your favorite hobby to avoid the stress of law school? 

Reading fiction novels. 

 

Where is your favorite place to vacation?

Cape Cod. I’ve been going with my family since I was a little kid, so I have years of great memories. I really enjoy revisiting our favorite spots, like Four Seas Ice Cream in Centerville! 

 

What’s something you wish you’d known about law school before coming to UVA Law?

I wish I knew that I didn’t have to worry about finding a community because it’s pretty easy to find one here. 

 

What did you have for breakfast this morning?

I had an everything bagel with herb cream cheese from Bodo’s. 

 

What’s your most interesting two-truths- and-a- lie? (And what’s the lie?)

I had a miniature poodle. I have a twin brother at Columbia Law. I like skydiving. The third one is a lie. I really, really hate heights. I’m probably the person who is least likely to jump into a swimming pool from the edge of that swimming pool. 

 

If you could live anywhere, where would it be?

London, England. I lived in England for a year, and I would love to live there again one day. I would be able to reconnect with old friends and it’s difficult to find a place with as much history and diversity (people, culture, food, etc.) as London! Also, it’s so easy to travel virtually anywhere in Europe from the U.K. 

 

What’s your least favorite sound? 

A fork grating on a plate. 

 

What’s the best gift you’ve ever received?

My twin brother gave me an Oxford-English Dictionary when he let me know that the both of us got into the University of Oxford Visiting Student Program. I didn’t know yet, but that’s how I found out. 

 

Backstreet Boys or *NSYNC?

I don’t know the difference. 

 

What is the best concert you have ever been to?

U2 at the O2 in London. 

 

What’s your favorite thing to do in Charlottesville?

Go to wineries. We have a lot of beautiful ones, and many of them are great places to relax for an afternoon with friends.  

 

If you could make one rule that everyone had to follow, what would it be?

Read at least one novel every year. It’s always helped me get out of my own head for a little while and given me a better understanding of others’ perspectives.

 

What’s your spirit animal?

A snow leopard. 

 

What’s your favorite food?

Chocolate. I’ve even learned how to make my own! 

 

If you won the lottery, what would you do with it?

I would buy a house on Cape Cod for my parents, give to my favorite charities, and get a new set of golf clubs! 

 

If you had Matrix-like learning, what would you learn?

I would learn other languages. I really enjoy traveling, but I can only speak English, which definitely limits my ability to really engage with the people and cultures of whatever non-English speaking places I visit.  

 

If you could be in the Olympics, which sport would you compete in?

Rowing. I’ve been part of a couple of rowing teams and have always experienced a great sense of camaraderie and team spirit.    

 

Where is a place you haven’t been but want to travel to?

The Nordic countries (Sweden, Norway, etc.). Between amazing natural beauty and great baked goods, it’s hard for me to imagine I wouldn’t love it! 

 

What are you looking forward to after you graduate?

Moving to the same city as my twin brother. We went to the same undergrad together and are very close, so it will be great to be able to see him regularly again. 

 

What are you going to miss most about the Law School?

Everyone I met here!

 

What are the 7 wonders of the law school?

(1) Wilson Parker’s table near Scott Commons, (2) The bust of RFK, (3) The RFK plaque, (4) The big table in Scott Commons (most often occupied by 3L Section A women), (5) Spies Garden, (6) Professor Frederick Schauer’s office, (7) Caplin Pavilion. 

 

What kind of impact do you hope to have as a lawyer? 

Like just about all of us, I would love to be able to help people who cannot afford to gain access, or traditionally have been denied access, to legal services. Also, growing up I watched my Dad, (who was a government lawyer in New York) give legal advice to family and friends when they didn’t know how to navigate the legal system. I similarly look forward to providing guidance to people in my life who are struggling with whatever legal hurdles life throws their way.   

 

Favorite place in Charlottesville? 

Lampo pizza. Charlottesville has such a great food scene, but, like many people, Lampo is the standout! 

 

Pet peeve?

The worst thing that can happen to me at the start of a day is for my travel mug to leak in my bag. No one wants that. 

            

What’s one movie that left an impression on you? 

Love Actually. I can’t say it was a deep impression, but I’ll always remember Hugh Grant dancing down the stairs in Number 10! 

 

If you could pick one song to play in the background of your life, what would it be? 

“The Great Pumpkin Waltz” from Charlie Brown. An absolute classic.  

 ___
jad3mv@virginia.edu

Law Students Share Their Holiday Traditions


Kolleen Gladden ‘21
Photographer

Ah, holiday traditions. We all have them; at least, that’s what those who have them seem to believe. For me, seasonal traditions can be chalked up to “things I didn’t realize weren’t only from movies until I saw them in real life” (a truly lengthy and admittedly bizarre list). I’ll never forget visiting another family on Christmas and being utterly baffled by how coordinated the entire event was. There was a communal breakfast, stocking time, present time, obligatory nondescript dialogue on gratefulness, and the entire rest of the of the day was dedicated to “family time,” which apparently just means that you can’t leave the house or use electronics. After several more years of being an adult and witnessing multiple versions of these traditions, I began to think about my own family and our take on the festive season. So, here you have it, the Gladden holiday traditions:

First thing to note about the Gladden holidays; we don’t operate on a timeline. Nothing has to be done on a certain day. Dedicating time for three people to celebrate together is difficult (forget about gathering up the other scattered members of the brood, that’s well near impossible), and we’re not too concerned about it either. We’ve celebrated Christmas in March, Thanksgiving in June, and we usually have some combined day dedicated to all of our birthdays in August. We’ll get there when we get there. As for the actual holidays themselves…

Thanksgiving: For starters, we don’t actually celebrate Thanksgiving. For context, many moons ago, my dad proposed to my mom after their third date (they are, by all definitions, highly efficient people).  Neither of them could afford to take off of work, so they eloped on Thanksgiving Day. They don’t remember the specific day and they’ve never cared enough to calculate, so we celebrate their anniversary on Thanksgiving, unless, of course, we’re busy. When the time does come, we pack up the car and drive to Branson, Missouri, or as the locals refer to it, “the Evangelical Las Vegas.” Branson has many things, but perhaps its best feature is Silver Dollar City, an 1800s themed park. A season pass costs less than 75 cents a day, and Thanksgiving Day is the prime time to go. Nothing quite says “happy anniversary” like no line for the wooden Outlaw Run roller coaster. 

Kolleen Gladden ‘21 says of this picture: “This is my fam bam, look at ‘em.”

Kolleen Gladden ‘21 says of this picture: “This is my fam bam, look at ‘em.”

Christmas: Christmas is a fun one. Our celebration plan is simple. We read the Christmas story from the gospel of Luke, go on a ten-mile run together, and then go to IHOP (a particularly fun rarity, as my family almost never eats out). Sometimes we do gifts, and by that, I mean my father does gifts. His strategy is to box up items that my mother and I have either misplaced or forgotten about throughout the year and present them to us with glee. “You always get something you wanted at some point,” he once explained. Over the years, I have been reminded of the existence of many hoodies, hats, and scarves, but my favorite gift came in December 2018. On Christmas Day, I opened a tenderly wrapped box to reveal a blanket bearing a smiling picture of me and my first serious (ex)boyfriend, a gift that same boy had presented to me years ago. “How did you even find this?!” 

“I bet you’d forgotten all about that blanket!” my dad beamed with pride. He wasn’t wrong. 

Days later, things again took a turn as I was relaying this story to my second serious ex (who had, for context, known my first boyfriend), who I’d ended things with several months prior. His eyes widened with interest. “Obviously, you don’t want the blanket, right? Can I have it??” I’m not sure what should concern me more—that he quite seriously wanted this blanket, or that the request didn’t surprise me in the slightest. Either way, if you see a bearded man strolling through Oklahoma City proudly wearing a blanket with my face on it, mind your business.


Anna Bobrow ’20
Guest Writer

My immediate family and I are practicing Jews, but my mom’s extended family is Christian. Every year, my holidays are filled with celebration and family time from both the Jewish and Christian traditions.

Growing up, we (my mom, dad, and identical twin brothers) would celebrate Hanukkah at our home in Charlotte, NC, by lighting the Menorah, eating homemade latkes cooked on an electric fryer on the back porch, and exchanging small gifts each night. At our peak, we lit twelve Menorahs at once (definitely a fire hazard). On Christmas Eve, we would either attend a traditional Christmas dinner with a mix of Jews and non-Jews that was hosted by a Rabbi friend, or we would go out for Chinese food and a movie, a tradition of many American Jews. On Christmas Day, we would pile into our minivan, play Christmas CDs, and drive from Charlotte to Northern Virginia to see my mom’s family. I am one of six cousins on my mom’s side, including Christian Knoble (UVA Law ’20), and we all were born within 2.5 years of each other. By virtue of being close in age and good friends, the cousins would always get up to some sort of adventure or trouble over the holidays. We would open gifts under the tree and enjoy a Christmas meal of roast beef and turkey cooked by my aunt (Christian’s mom). 

As our family changes, so too do our traditions. Yet, family time has remained constant. My immediate family has started dialing into a conference call line so we can recite the Menorah blessings together each night, even when we are not physically together. We are often joined by Jewish relatives from my Dad’s family. Instead of driving up on Christmas Day, we usually arrive in Northern Virginia before the Christmas holiday, where we help my grandparents decorate their Christmas tree with decorations from my mom’s childhood and eat Christmas Eve dinner in their apartment. When Hanukah coincides with Christmas, we light the Menorah with my grandparents and bring latkes. Side note: cranberry sauce and latkes is a winning combo. We still look forward to a big Christmas Day celebration at my aunt and uncle’s house, although our traditional meal is now enchiladas. 

Being part of an interfaith family has taught me not only about differences in belief and practice, but also about the common values that bind us. From my experience, holiday traditions serve an important role in strengthening ties with family and friends. I consider myself lucky to have ties to two religious traditions that bring us together each year.


Meg McKinley ’21
Guest Writer

Every Christmas Eve, my family gathers around the table to eat the same meal we’ve shared for years—a Panda Feast from Panda Express. After crying together over the hot peppers and false hope in our fortune cookies, we move to the living room to open our first presents of the holiday. Every year, mom gets us all pajamas in the spirit of The Santa Clause(minus the monogram) and new Christmas ornaments. Mine tend to be law themed, e.g., a ceramic orb with a charming Christmas dinner scene that declares “Law School: the weak are killed and eaten.” 

On Christmas morning, we’re all up at the crack of dawn to glare at Dad as he slowly reads the longest version of the nativity story in the gospel of Luke. At long last, the family opens presents and shares a breakfast of monkey brains (bread & molasses). Later in the day, we’ll watch a couple of TNT’s 24 hours of A Christmas Storywhile snacking on the graham cracker “ginger bread” houses we built around old cartons earlier in the month.

____

kcg3ar@virginia.edu
agb4cb@virginia.edu
mm4dq@virginia.edu

Tweedledee and Tweedledum: Christmas Music in November


Nate Wunderli ‘22
Staff Editor

I took this girl on a date once. I picked her up, walked her to my car, and got the door for her like any gentleman would do. It was mid-November, it had just snowed, and I had some Christmas tunes playing in my car. Less than five minutes into the drive, to my great dismay, she pushed the radio button, thwarting my Christmas music playlist with a swift stroke of her pointer finger. It was in that moment I realized: People don’t joke around about when they start listening to Christmas music. 

Admittedly, listening to the occasional Mariah Carey, Justin Bieber, or Bing Crosby Christmas songs in the middle of July puts me in a rare class of individuals who simply do not care about any arbitrary rules regarding when someone should or should not listen to Christmas tunes. But mid-November? What kind of heart of unwashed socks, appalling dump-heap of a soul, full of gunk, with the tender sweetness of a seasick crocodile[1]kind of person refuses to listen to Christmas music in mid-November? Turns out, a lot of people, and this article is about why they are wrong.

The Christmas season is a time for family, a time for giving, peace, joy, and love. Buddy the Elf[2]put it best when he said, “The best way to spread Christmas cheer is singing loud for all to hear.” It was Christmas music that first led the Grinch to reconsider his original belief that Christmas is a commercial enterprise-centered hoax; for when he stole all the gifts from Whoville, he expected the Whos to be sad and miserable. Instead, he found them singing with joy and happiness. Indeed, nothing warms the soul much more than a stirring rendition of Hark! The Herald Angels Sing, or brings peace and calm more than Silent Night

Andy Williams was on to something when he sang that the Christmas season is The Most Wonderful Time of the Year. Now, if you want to put rules around when you can or cannot celebrate the most wonderful time of the year, then go ahead. But for me, I’d like to celebrate it when and wherever I would like, for as long as I can, whether that means November, January, or even June. Sometime this year, on a cold early/mid-November day, when contracts class got me down, I will have myself a Merry Little Christmas, pretend I’m Rocking Around a Christmas tree, hear those sweet Silver Bells, smell the Chestnuts Roasting on the Open Fire,[3]and think to myself: It’s Beginning to Look a Lot Like Christmas. And all you can do is watch, and painfully wait, until November 28 when you can join in on the fun. But it doesn’t have to be this way. You can ditch your preconceived misconceptions, throw away the shackles that bind you, and let your heart grow three sizes to where, like The Grinch himself, you can capture the true spirit of Christmas. 

The grinches among you will lie and tell you that if you start listening too early then you will get sick of Christmas songs, or that one month is plenty of time to listen to them. Now I’m not suggesting you listen to solely Christmas music starting in November, or even December for that matter. But mixing in some Christmas music, no matter what time of year—especially when the days grow dark and cold—and cuddling up with a warm cup of hot chocolate and staring at a fire is something you don’t have to wait to enjoy. So, all you grinches out there, join us, because the warmth, light, and pure giddiness that comes from a good Christmas song is coming to town earlier than expected this year, will make your days merry and bright, and who knows, may even find you under the mistletoe.[4]

___
nw7cz@virginia.edu


[1]Borrowed these lines from The Grinch.

[2]What’s your favorite color?

[3]Has anyone ever actually roasted chestnuts on an open fire?

[4]The Law Weekly will not be held liable if love doesn’t jingle bell rock your world this Christmas.


Michael Schmid ‘21
Production Editor

“It’s an abomination.” “It’s like getting a new dog before your old dog dies.” What has provoked this level of histrionics (coupled with an unnecessarily sad analogy)? The scourge of the sensible and the prudent: Christmas music before Thanksgiving.

So far, there has been a one-sided battle for end-of-the-year holiday hegemony. Christmas season creeps ever earlier in the year, blending with Halloween season for a blurry, disorienting mix of jack-o-lanterns and Last Christmason the radio. Up to this point (in the true spirit of the holiday, bless its heart) Thanksgiving has quietly accepted Christmas music encroaching on its domain. My fellow editor talks of stifling “rules” placed upon him by restricting Christmas music until after Thanksgiving. I draw my response from The Big Lebowski: Christmas has gone over the line. This is the holiday season, there are rules! It’s time for Thanksgiving to start fighting back.

First of all, it is entirely beyond me how anyone who has worked or currently works in retail could advocate for moreChristmas music. Hearing the one-hour loop of Christmas songs over and over each shift wasn’t enough for you? You want more?! Second, this is Virginia; there are actually four seasons. Unlike warmer climes to our south, Christmastime will have (at least somewhat) Christmas-y weather. This means that hearing White Christmaswhen the leaves have barely changed and some people are still wearing shorts is just downright unnecessary, people.

Thanksgiving has had a bit of an image problem. I admit it and I will offer some of my own solutions.[1]First of all, any holiday that nobody is quite sure when it will be starts at a bit of a disadvantage. My take: Embrace that element of surprise! You know it will be sometimein November, and it’ll be on a Thursday, but that’s about all you’ve got. Just go with the flow and enjoy this floating holiday! Second, since Canadian Thanksgiving takes place in October, you can celebrate the same holiday twice in two months! Finally, overshadowed by Christmas as it is, the November holiday’s role as an incubator for family conflict has only grown in recent years. My response? Don’t focus on the negatives, look to the positives![2]Thanksgiving has food, friends, family, and is a bullet-proof justification for why you aren’t outlining and instead eating pumpkin roll and watching football.

Maybe Thanksgiving needs its own songs. Think about it: Halloween has its own songs;[3]Christmas has its own songs. I think it is time for the Thanksgiving-industrial-complex to churn out some bangers to beat back Christmas music. If people want music, give them music! Any song that seamlessly rhymes the word “cornucopia” is sure to be an instant hit.

Christmas in its purest (read “de-commercialized”) form is a decidedly wonderful holiday predicated on kindness, selflessness, and togetherness. But part of what makes Christmas so special, to borrow from a song which should notbe played right about now, is that it “comes this timeeach year,”[4]not all year. It is that ephemerality that enhances the allure[5]of the season. Also, “c’mon on, man.”[6]Truly, “the fact of the matter is”[7]you’re hurting Thanksgiving’s feelings by forgetting about it. At least out of deference to a truly underappreciated holiday, give Turkey Day its time, then go all-in on Christmas music. I’ll be spending the next week dusting off my synthesizer and recorder to prepare my EP of Thanksgiving Hits.

___
ms3ru@virginia.edu


[1]I will bill you for this work later, Turkey Clause.

[2]PSA: For real, though, don’t ask anyone what they’re “planning to do after graduation” or even mention the word “caucuses.”

[3]Ok, all that comes to mind is “Monster Mash” and maybe the Ghostbusters theme song but that’s still more than Thanksgiving has got.

[4]The Beach Boys, Little Saint Nick(1964) (emphasis added).

[5]Thesaurus.com tells me a good synonym for “allure” would be “bedroom eyes” and that’s just gross.

[6]Source: Joe Biden in every campaign appearance so far.

[7]Id.

Court of Petty Appeals: Law Weekly v. COPA Copiers


Law Weekly v. CoPA Copiers

999 U.Va 963 (2019)

 

SCHMALZL, C. J., delivered the opinion of the Court, in which RANZINI, ELICEGUI, and WELCH, JJ., joined.

 

Chief Justice SHMAZZLE delivered the opinion of the Court.

 

The Facts

 

A short time ago, the Law Weekly received an email from a seemingly innocent group of 1Ls at another law school. “Dear Editor,” they began, “we are 1L students at [$10 if you can guess the law school]. We recently came across an edition of your Virginia Law Review Weekly[1]and were inspired by your ‘Court of Petty Appeals’ column.” 

 

“Inspired?” this Court thought. We read on: 

 

“We do not have anything similar at [seriously, $10 if you guess which law school this is from] and we would love to get something started! Given your long and successful history, we were hoping that you could answer a few questions and give us some advice as we take the first steps to develop our own version.” 

 

The Court read the rest of these starry-eyed, confused 1Ls’ questions, which included questions about the constitution this Court follows,[2]how we develop our common-law system and when a case is established as binding precedent,[3]as well as how parties argue their cases. This Court was extremely flattered that someone thought we have an actual processfor how we do things here, but this Court also couldn’t believe someone thought we have an actualprocess for how we do things here. Therefore, the Law Weekly did what any attorney would do: We sued them. 

 

The Complaint

 

The Law Weeklymembers sue on two main counts. First, plaintiffs complain of an attempted copyright infringement since defendants are trying to take their idea and replicate it in a different market; they seek an injunction barring the new wannabe-CoPA. Second, plaintiffs allege negligent gullibility in believing that the CoPA justices actually have any reasonable method to how they (aka we) write opinions, and that this Court provides any type of “due process” in allowing people to argue for themselves; on this claim, plaintiffs seek damages to punish defendants for their senselessness. The Court addresses each issue in turn.

 

Attempted Copyright Infringement

 

First, the claim that defendants are infringing on a Law Weeklycopyright by trying to create their own version of the Court of Petty Appeals. Plaintiffs claim that having another Court of Petty Appeals would infringe on this Court’s “exclusive jurisdiction as provided in its copyright documentation” and that it would “cramp its style because it likes being a monopoly.” While I appreciate the long-standing exclusive power that this Court has,[4]plaintiffs have failed to provide any documentation that they do, in fact, actually have a defensible copyright claim that defendants can infringe upon. 

 

Tbh we don’t really get copyright law but let’s have a go at this. Defendants argue that no copyright actually exists and further argue that this Court cannot act in such an anti-competitive way as to rule against defendants, allowing this monopolization of the market to continue. Plaintiffs rebut this claim, arguing this “isn’t about antitrust law” and, even if it is, they “deserve an exemption because this Court has been around since your grandparents were learning to walk.”[5]

 

The Court is in a tricky position here. On the one hand, allowing a competitor to enter the market could be the beginning of our destruction, a return to the bad old days of the early teens when the Law Weeklyran super-annoying frat articles about what people wore. See, e.g.,Any Law Weekly Issue From 2014.[6]On the other hand, the majority here is all composed of 3Ls.  We’re gettin’ preeeeetty close to graduation here and can’t really be bothered to care about, like, our posterity. Or whatever. See Class of 2016 v. Mahoney, 712 U.Va. 110 (2016) (handoff of student orgs moved up to February from April because 3Ls are useless).[7]Plus, as Sporky from Toy Story 4would say, the plaintiffs’ arguments are straight up “trash.” And, while trash arguments may fly in a real courtroom, we like to mix things up a bit.

 

After some thought,[8]us burnt out 3Ls have come to this: While we care deeply about the health and prosperity of this Court, yada yada yada, we also can’t be expected to care that much anymore. We’re just trying to get to graduation. That being the case, we flipped a coin and hereby decide to allow defendants to pursue their own version of the Court of Petty Appeals. However, should this Court ever feel threatened that their CoPAs are better than ours, we reserve the right to send ANG to egg their houses and thumbs down them for beating us at our own game. 

 

Negligent Gullibility

 

The second claim plaintiffs allege, and really the more important one in the Court’s eyes, is negligent gullibility by defendants for believing this Court actually has a meritorious system for deciding cases. The elements of negligent gullibility are well-established by our case law: (1) negligence and (2) gullibility. See Class of 2019 v. Their PAs, 878 U.Va. 1 (2019) (“Lol you guys seriously bought that whole ‘no one remembers your cold-call screwup’ bullshit?”)

 

It’s clear here there was some serious gullibility. We think we’re pretty obviously not doing anything real with these opinions. Most of our decisions are outcome-based, jurisprudentially aggressive, and devoid of any reference to precedent. If you’re thinking to yourself, “So are the Ninth Circuit’s,”[9]lol @ you for thinking they’re a real court.

 

Defendants offer no defense for this claim, and the Court cannot think of any justifiable defense for believing that members of this Court actually know what we’re doing.[10]Seriously, did you see last week’s opinion ruling in favor of people who fill up their huge water bottles between classes? Like what the hell is that about? That Bill Re guy, smh. 

 

In line with our well-established precedent, namely that 1Ls always lose,[11]we rule in favor of plaintiffs on this claim. 

 

Because plaintiffs’ copyright infringement claim is denied, so is their request for an injunction. But plaintiff’s negligent gullibility claim is granted: Defendants are ordered to buy any UVA summer associate at their firm this year a beer to make up for having been so foolish.

 

IT IS SO ORDERED.

___
mes5hf@virginia.edu


[1]Their name, not ours; like we’d want anything to do with Law Review gross.

[2]Lol, wut.

[3]Complex process, lots of vodka, some coin-flipping. We won’t bore you.

[4]It’s good to be queen.

[5]The Court would like to clarify that we have only been around since approximately 2015 as far as we know.

[6]But actually please don’t, they’re horrible.

[7]For those concerned about the Court violating the Judicial Code of Ethics by choosing to rule on a case in which it has a personal interest, the Court points you to Petty Rule of Civil Procedure 1: We do what we want.

[8]And a few glasses of wine.

[9]That one’s for you, Professor/Vice President/Overlord Jeffries.

[10]Except maybe that they’re 1Ls who are sweet and credulous and excited to use big new legal words like “constitution”?

[11]See1L Gunners v. Everyone Else, 324 U.Va 22 (2019) (stating this well-established precedent).

Hot Bench: Ben Hawkins '20


Ben Hawkins ‘20

Ben Hawkins ‘20

Ben Hawkins ‘20

Where are you from? 

Richmond, VA.

 

Where did you go to undergrad?

Virginia Commonwealth University.

 

What did you do between undergrad and law school?

I did a series of environmental fieldwork jobs, including a wolf study in the Canadian Rockies—I howled and collected hair and scat samples from dens. I also got an M.S. studying with pastoral herders in Kenya and worked at an environmental non-profit, the James River Association, in Richmond, VA.

 

What is your favorite kind of wolf?  What makes a good wolf call?

A black Grey Wolf with golden eyes. The key to a good wolf call is really believing in your howl. 

 

Do you have any pets?

I just got a hound puppy named Henri! Also, R.I.P. Oz 11/5/2017. 

 

What are you involved in at school?

I play bass in a band called “The Gunners.”

 

How long have you been playing bass?  How did you get started?

I have played guitar for 15 years, but because Read Mills and Ben Lucy are such excellent guitarists, I offered my services on the low end. I am officially converted to bass, and I am obsessed.

 

What song would play in the background of your life?

You Can Have the Crownby Sturgill Simpson.

 

What is your favorite part of being in The Gunners?

Being in The Gunners has deepened my connection to the Law School culture, Charlottesville, and, most importantly, with my fellow band members Leah Deskins ’21 (trumpet), Katherine Janes ’21 (vocals), Will Tucker ’20 (sax), Ben Bhamdeo ’20 (drums), Read Mills ’20 (guitar/vocals), and Ben Lucy ’20 (guitar/management).

 

What has been your favorite show thus far?

Every show at Crozet is fun, but especially Fauxfield with Special Guest Professor Kimberly Ferzan.

 

What’s your favorite song to play?

Ain’t No Mountain High Enough by Marvin Gaye and Tammi Terrel. The bassline by James Jamerson is one of the greatest of all time.

 

What is your relationship status?

I am engaged to 3L Jane Riddle.

 

Tell us a little bit about your love story and proposal!

We met in our 1L section (A!), became best friends, I became her tenant/landscape technician, we dated, then broke up, then I asked her to marry me on the beach in Sandbridge, VA during a full moon rise. She agreed. 

 

What are you doing after graduation?

I will be in the Technology Transactions Group at Wilson, Sonsini, Goodrich & Rosati in Washington, D.C. and starting a band with UVA Law grads to play all of your weddings and corporate events!

 

Let’s do a lightning round!

Favorite food?

Broccoli.

Favorite place in Charlottesville? 

Salvation Army on Cherry Ave.

Anti-Stress Hobby? 

Learn a new song on bass.

Pet peeve?

Events with “Welcome & Introductions” on the program.

Catch phrase?

“I’m not a smart man, but I know what love is.”

If you could live anywhere, where would it be?

Petersburg, VA.

What’s one movie that left an impression on you? 

Parasite.

If you won the lottery, what would you do with it? 

Buy a bunch of ridiculous bass gear.

What is something at which you’re elite?

Dog sitting.

___
bmh2gd@virginia.edu

Tweedledee and Tweedledum: Squirrels


Phil Tonseth ‘22
Staff Editor

Pro Squirrels: Squirrels Run the World 

            Squirrels are the true embodiment of the American spirit. Most importantly, they show the true grit that most Americans expect of and cheer for in the underdog. Squirrels are often counted out, left for the vultures as road kill, or seen as vermin. Yet, they survive. Everyday, squirrels wake up, pick themselves up by their bootstraps, and keep going. You are more like a squirrel than you even realize; allow me to enlighten you.

            Law school is all about finding the easiest way to succeed, whether buying supplements, only signing up for afternoon classes, or eating at the free food table every day of the week. Squirrels are similarly resourceful. They learn from an early age how to steal every morsel of food, hence why they look frightened when you see them in the street. They don’t want to get arrested for a petty crime either. Also, they hoard food like it’s going out of style, similar to the kids that take five gummy pouches from the Dean of Snacks.

            Even more applicable, squirrels are quintessential millennials. First, there’re so many of them. You can’t walk down the street around here without running into one, millennials and squirrels alike. Next, they act like they’re environmentally conscious and care about climate change. At least their accidental acorn planting contributes to new trees that produce oxygen, whereas millennials getting Starbucks to stop producing straws, while useful to turtles, doesn’t pack the same punch against climate change. Lastly, when they get lost or scared, squirrels and millennials alike, always run back to their moms in a panic.[1] When a baby squirrel is lost, they become trainable by humans and turn into adorable pets. Millennials just become “influencers.”

            In such increasingly partisan times, squirrels are an animal we can rally around. Sure, they may faze you with their football worthy agility drills in front of your car or efforts to take unhealthy French fries away from you in the park, but they embody all that America stands for. John Winthrop eloquently opined in 1630, “We shall be as a city upon a hill, the eyes of all people are upon us." In establishing the foundation of the United States, the early settlers built this country through grit, hard work, and trees.[2] None of this would have been possible if squirrels hadn’t done their job, planting millions of trees throughout the country to ensure future generations could prosper. The hill that America stands on today isn’t made of acorns, as squirrels would prefer, but, in my humble and unbiased opinion, you have to respect the work that squirrels have put in.

This furry creature has caused a massive rift among the Law Weekly staff.

This furry creature has caused a massive rift among the Law Weekly staff.


 Ben Stievater ‘22
Staff Editor

Threats from Above: the Case Against Squirrels

            Of all the creatures on God’s green earth, none terrify me more than squirrels. Yes, squirrels. It’s a long story not worth telling that definitely doesn’t involve years of trauma stemming from four-year-old me trying to pick one up only to run screaming for my mom when it lunged at me. The bottom line is that I despise them. I know what you’re thinking— squirrels are harmless, cute even, and this is a ridiculous phobia. You’d be in good company with a majority of people, specifically my sophomore-year-of-college Tinder date, Rachel, who never texted me back after I used her as a human shield while we were walking and a squirrel jumped in front of us. However, in a world where it’s normal to fear snakes and spiders but not these furry demons, I’m here to preach the truth of the animal kingdom: squirrels are public enemy number one.

            Squirrel supporters will often tell you that they are “cute” or “fluffy” due to the fact that they have bushy tails. Shave the tail, however, and what are you left with? A RAT. Without their tails, squirrels bear an almost identical resemblance to their Black Plague-causing cousins. Rats are nearly universally abhorred as dirty and disease-ridden, so why, then, do we tolerate squirrels? Are we so impressionable as to be fooled by decorative evolutionary fluff?

            Perhaps this resemblance alone wouldn’t bother me so much were it not for the fact that squirrels are so prevalent. Rats at least have the decency to stick to alleyways and sewers at night. No, squirrels will just sit there in groups of two or three and stare at you, taunting you with their presence and encroaching on the daytime as they monopolize the acorn trade. Their presence is particularly a problem on college campuses, where a few twisted people, who just want to watch the world burn, feed the squirrels, causing them to become a dangerous combination of hungry and fearless, which is coincidentally also the title of my law school memoir thus far that consists solely of tales of me wandering from room to room in W.B. during lunchtime.

            The most concerning aspect of squirrels, however, is their pure athletic ability. They can jump, scurry, and climb in any direction at what amounts to a FRIGHTENING level of acrobatics. Worse still, they’re total spazzes and impossible to keep eyes on. One second they’re on the ground, zig-zagging to and fro, and the next they’re climbing backward up a tree to the higher ground. It’s over for you if it came to it. The only thing keeping you safe is their magnanimity, and only a fool would trust an acrobatic rat with that short of an attention span and the potential to strike from any angle. So think it through and say no to squirrels, or at least don’t laugh if you see me powerwalking in their opposite direction in the courtyard.

___
pjt5hm@virginia.edu

bes4cf@virginia.edu

[1] I perfected this practice after winning hide and seek in clothing racks at department stores. Don’t worry, I still call my mom weekly.


[2] Wood cabins were pretty popular, plus ships were made out of wood. All quite important.

Court of Petty Appeals: Students with Large Water Bottles v. Thirsty Students


Students with Large Water Bottles v. Thirsty Students

72 V.L.W. 11 (2019)

 

On appeal from the Petty Court of Appeals for the W.B. Circuit

 

Re, Judge, sitting by designation, delivered the opinion of the Court, in which Shmazzle, C.J., and Elicegui, Luk, Schmid, and Ranzini J.J., joined.

 

JUDGE RE, sitting by designation, delivered the opinion of the Court.

 

The issue before the Court today plays itself out multiple times a day, at predictable intervals, the four days a week[1] during which classes are held at the Law School: thirsty students, realizing their water bottles are empty five minutes before class starts, flock to the drinking fountains and/or new motion-sensing-electric water bottle fillers, only to encounter a line that will not move fast enough before class starts to get water. The cause of the delay is students with large water bottles who are definitely going to fill them all the way up, no matter how long it takes (and despite that fact that it is unlikely that even someone who had just run a half-marathon in D.C., in July, would actually be able to drink that much water during an 80-minute class period). The question specifically before the Court today is whether the class of Thirsty Students may enjoin the class of Students with Large Water Bottles from filling them up all the way. We hold that they cannot.

 

I.

 

Earlier in the semester, various students walked into class, took their seats in W.B. classrooms, and reached for a refreshing drink of water, only to find their water supplies depleted. Each student looked at their phones to see how much time there was before class started. Alarmingly, less than five minutes remained. But because of its natural geography, W.B. is blessed with many places to get water.[2] This was not, after all, a trip all the way to the W.B. coffee shop[3] for a hot beverage. The students arrived at the line and found three students ahead, waiting to fill up personal water storage tanks which they were euphemistically calling “water bottles.”[4] Faced with the bad options of embarrassingly walking into class late or being sort of thirsty for the next hour, the thirsty students sued. They seek to enjoin students with large water bottles from filling them all the way up in the five minutes before class, claiming a substantive due process right to have water in class.

 

The lower court ruled in favor of the Thirsty Students and enjoined the Students with Large Water Bottles from filling the bottles all the way up within five minutes of class. This created a circuit split with the Court of Petty Appeals for the Slaughter Circuit, which found that students are free to take as much time as they want filling their water bottles. Students Running Late v. Students with Nalgene Bottles, 343 U.Va. 321 (2015) (“Honestly, just stand there pouring water on your hand for all we care.”) We take this case to resolve the circuit split.

 

II.

 

It is unclear from Students with Large Water Bottle’s brief what errors the lower court allegedly committed,[5] but because “[w]e do what we want[],” we will be reviewing this case de novo. It’s usually fun to opine on the merits of something.

 

Thirsty Students claim that there is a substantive due process right to having water in class. Because Students with Large Water Bottles could still fill the bottles part way, the injunction, Thirsty Students argue, will not infringe on the Students with Large Water Bottles’ rights. In response, Students with Large Water Bottles probably[6] cited a Court of Petty Appeals case from last term: Class of 2021 v. Davies, 918 U.Va. 34, 71 V.L.W. 14, 4 (2019). In Class of 2021, the Court considered whether the Administration’s decision to remove the high-quality free cookies and coffee from W.B. on Friday morning[7] without a hearing violated the due process rights of the 1L class. After much expert analysis which the author of today’s opinion skimmed, it looks like the Court held that it was not a violation, writing, “If Dean Davies decides to bring back the coffee, we will, as always, salute her benevolent judgment. But we will not order it.” Id. at 4.

 

This (purely discretionary) restraint by the Court is admirable, and we impulsively choose to follow it today, though the Court commends Thirsty Students for their substantive due process claim. This theory was later codified as the Court of Petty Appeals’ first Rule of Procedure, and it is certainly welcome in briefs to this Court.

 

It is also worth noting that based on the course descriptions on the School’s website, Land Use Law might be the most applicable to a water-rights case. But as the author of today’s opinion has not taken Land Use (and given the notice concerns that would arise from actually applying principles from a class taken by so few people), we decline to consider any of these arguments.

 

Thirsty Students also had a number of pages about water bottle size. A holding which simply limited water bottle size might be sensible, but that would drag us into the realm of policy-making. That sounds like a lot of work, so we decline to do so here.

 

Absent legislation from SBA, or a royal pronouncement from Dean Goluboff, today’s Court is not inclined to step in with equitable remedies. Though it is worth noting, it would certainly be within the Court’s authority to do so. See Petty Rule of Procedure 1: We do what we want.

 

*          *          *

 

Because we do not want this opinion to drag on unnecessarily with neurotic distinctions and unhelpful legal analysis (see, e.g., no U.S. Supreme Court opinion ever), we will conclude the opinion here. While SBA, Dean Goluboff, or non-legal considerations like thoughtfulness are free to step in to address the issue of water-bottle line speed, we decline to do so here.

 

The judgment of the Petty Court of Appeals for the W.B. Circuit is

Vacated.


___
wdr3mq@virginia.edu


[1] The panel comprising today’s court does not include any 1Ls, from whom we have heard rumors of classes meeting on Fridays. As this has not been confirmed by the members of today’s court, who would not dare to darken the doorway of the school after 5 p.m. on Thursday, we only address the water dispute occurring before classes, necessarily meaning Monday through Thursday.

[2] Maybe connected to wells (?), or the natural underground aquifer where the snakes which sometimes visit W.B. live—we are not entirely clear on how plumbing works.

[3] Which the lower courts have erroneously been referring to as “the library.”

[4] In the interest of transparency, we only had time to read Thirsty Students’ brief, but it really did sound like the water bottles were too big, and in any event we are ruling against them, so it’s probably still fair.

[5] Because, again, we only read Thirsty Students’ brief.

[6] See footnotes 4 and 5, supra.

[7] Thus removing the sole reason one might come to school on a Friday.

Club Spotlight: Health Law Association


Savanna Williams ‘21
Guest Writer

When I came to law school, it was explicitly with the goal of practicing health law. But in reality, I did not know what this dream of mine looked like. All I knew was that I am passionate about healthcare reform and that I wanted to understand the law generally before attempting to change it.

 

So, what is health law, anyway?

Health law focuses on the rules and regulations that govern the health care industry. The health care industry includes hospitals, hospital systems, health care providers, insurers, pharmaceutical and device manufacturers, individual healthcare providers, and group providers like nursing homes, psychiatric centers, acute care centers, and health maintenance organizations. Some of the regulations health lawyers work with include the Stark Law, HIPAA, the Anti-Kickback Statute, EMTALA, and individual state privacy laws.

 

What do health lawyers do?

Health lawyers in private practice work across the full spectrum of law, from litigation to transactional to regulatory work. Healthcare litigation most obviously includes medical malpractice but can also include litigating fraud and abuse claims, reimbursement matters, or antitrust issues. In the transactional realm, healthcare lawyers serve as subject matter expert deal support, evaluating general corporate matters like tax, antitrust, and contract negotiation issues. On the regulatory side, healthcare lawyers might provide guidance on Medicare and Medicaid fraud and abuse, confidentiality, or health reform issues. Health lawyers also represent healthcare providers before state and federal agencies that regulate the industry.

 

In the public sector, healthcare lawyers might work for government agencies like the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, or Veterans Affairs. In-house opportunities include hospitals, pharmaceutical companies, or insurance.

 

This opaqueness about what health law is comprised of is what drove me to run for president of the Health Law Association. Our goals are to:

·      Explain what health law is;

·      Give students a better view of the different areas of health law;

·      Introduce available health law-related classes; and

·      Promote a healthy law school environment.

 

Previous Events

This fall, we hosted a meet and greet with the health law-adjacent professors in order to give students, especially 1Ls, an idea of what classes they might take if they were interested in practicing health law. A common area of confusion is when students have an interest in a particular field of law, but they do not know what courses to take in order to reach that goal. We hoped to remove some of that ambiguity by having each of the professors talk about their course offerings in the coming semesters. We hope that this helped with course planning, not just next semester, but for a holistic law school career.

 

In addition to the professors, we also had Michaela Lieberman, co-director of the Health & Disability Law Clinic, speak about clinic opportunities. This year-long clinic offers students firsthand experience and insight into how health law touches in the individual patient, which we often forget about in the private practice setting where your clients are predominantly health care systems.

 

I also had the chance to speak at a University Democrats meeting on Main Grounds earlier this semester about the vastness of health law and how to translate an interest in healthcare reform and policy into a legal career. One of my big goals as president is to expand our membership beyond the walls of the Law School, because health law is something that truly touches all of us. Since that meeting, we have recruited regular attendees of HLA events from Main Grounds.

 

Upcoming Events and Goals

Next semester, we are planning a healthcare reform debate in advance of the March primaries. It goes without saying that healthcare reform is at the forefront of the election news cycle, and we hope to shed some light on the legal status of the Affordable Care Act and the legal implications of candidates’ proposed reforms.

 

At the Shaping Justice conference, we are co-sponsoring a panel with Lamda that focuses on Disability Rights Advocacy: 30 Years After the Americans with Disabilities Act. We are also co-sponsoring an event on maternal health with If/When/How and another on food labeling with FLAVA. We are always looking for co-sponsorship opportunities, so if your organization is interested in planning something healthcare-focused, please reach out!

___
sbw5va@virginia.edu

Hot Bench: Lena Welch '20


Lena Welch ‘20
New Media Editor

IMG_2321.JPG

Hi Lena, welcome to Hot Bench! Where are you from? 

McLean, Va.

Tell us something about McLean!

Mmmmh, I don’t like it. I do like Chesapeake Bagel Bakery though.

Who will you root for when UNC comes to JPJ Dec. 7?

Don’t be silly. #GoHeels

What’s something at which you’re elite?

Serving up piping hot reality-checks to my friend Harrison or serving up piping hot bakes. Also remembering people’s computing IDs.

Speaking of “hot bakes,” what do you put in your cookies that causes professors to get into a bidding war?

Love.

If you were a kitchen utensil which would you be?

I’m probably a wooden spoon. I’m really traditional, and I think wooden spoons are more useful than people give them credit for.

Best episode of GBBO?

I’m torn between the finales of Nancy’s season (I love Luis) and Nadiya’s season (I love Tamal). Killer finalists, and some of my favorite showstoppers.

Favorite food?

Never met a carb I didn’t like, but let’s say chocolate chip cookies. Also, I’m a big believer in breakfast milkshakes.  

Favorite place in Charlottesville? 

Klöckner Stadium, where they play soccer and lacrosse. It was actually my favorite place at UVA before I came to Law School, because I love watching my teams play there. It’s a beautiful stadium.

What’s your favorite UVA Sport?

I can’t answer that.

What song would play in the background of your life?

Right now, it’s probably the Whitney-Kygo version of Higher Love.

Anti-Stress Hobby? 

Yoga at FlyDog.[1] Or baking. Or hanging with my cat. All of my hobbies are anti-stress hobbies.

What is your favorite yoga pose?

Side angle. I’m big into turning my rib cage to the ceiling.

What do you like to do with your cat Draco?

What don’t I like to do with my cat? He’s my favorite guy.

Pet peeve?

When people do not use a direct address comma.

Catch phrase?

“Catch you on the flippity flip.”

If you could live anywhere, where would it be?

Scotland. I can’t explain why.

What’s one movie that left an impression on you? 

The Peanut Butter Falcon. Absolutely my favorite movie. It’s like someone made a movie just for me.

The Office or Parks and Rec?

The answer has to be The Office, but I recently came up with the phrase “Parks and Rec-ference," so people should start using that. You know what else I do that people should do? Voice-memo my laughter and use it instead of “lol.”

Very cool. So what are you involved in?

Public Interest Law Association, the Program in Law and Public Service, the Virginia Law Weekly, Amici Signatae Linguae (the ASL club), itrek, and I’m an LL.M. PA.

What was your favorite thing about planning PILA?

Well, the Live Auction was the most fun, so I’ll say selecting the items that went into that.

Who is the person at the Law School that you most want to kick in the head?

Bill Re ’21 thought I couldn’t kick him in the head, so he is top of the list.

How do you give people nicknames or, as you like to call them, codenames?

Glad you asked. You take someone’s first and last initials, flip the order, and now come up with a word representing those letters in that order. Ex: Michael Schmid ‘21, MS, SM, Superman (I exclusively call him Superman at Law Weekly meetings).

What’s something you know now that you would tell yourself coming into law school? 

You’ll make some of the best friends of your life. Brag.

What will you miss most about the Law School?

I can’t answer this. It can’t be helped. Classic Daisy Buchannan stuff right there. What will I miss? Um, it’s a real bummer I’m never going to see Jansen VanderMeulen ’19 again.[2]

___
lw8vd@virginia.edu


[1] Going to throw Sam Pickett ’21 a bone here for mentioning me in last week’s Hot Bench. I do teach aerial yoga at FlyDog. Come to my classes Saturdays at 4:30 p.m.

[2] Editor’s note: He already graduated...

 

Letter to the Editor: 11-13-2019


Michael Berdan ’22

A Poem About Memos 

’Twas the night before memo and all through Withers-Brown,

All the 1Ls were scurrying, each wearing a frown;

Case printouts were scattered ‘cross library spots,

In hopes the papers themselves would connect all the dots.

The 1Ls did type, fast and furiously,

Not into Word—but their section GroupMe.

“This memo, my dudes!” “This memo! ’Tis hell!”

The messages flew ’til they heard midnight’s bell.

The staff came ‘round to give them the boot,

And the 1Ls crawled to the hall, none appearing too cute.

“Look how many!” one asked. “Pages, you mean?”

“No,” he said, “Look how many likes on my meme!”

So the hours ticked by and the poor 1Ls struggled,

With social life and academics precariously juggled,

When the sun came up, they had a memo completed,

They’d won over the task, tho’ they all looked defeated.

Fourteen pages—no more! That’s just what’s required!

Crest that page break! Submit to Canvas! ‘Fore time has expired!

The 1Ls were left, at the end of our tale,

Saying “Thanks for the LOLs, and thank God it’s pass-fail!”

 

---

mwb4pk@virginia.edu

Women in Public Service: Paths to Public Interest Careers


Marylse Vieira ’22
Donna Fay Imadi ’22
Kathryn Querer ’22 

Pursuing a career in public interest law can be daunting. For a student deciding to pursue big law, the process is structured through OGI, firm events, and standardized career practices. Contrastingly, for public interest careers, there is great variation among the timelines for applications, potential positions, expectations, workloads, and networking opportunities. On Wednesday, October 30, Virginia Law Women, PILA, and LPS hosted an event called Women in Public Service which gave female students an opportunity to learn how to better navigate the challenging process of considering and applying to public interest jobs.

 Two simultaneous panels began at 5:15 p.m., followed by a reception at 6:15 p.m. in the Purcell Reading Room. 

About twenty female students, many of whom intend to pursue a public interest career immediately after law school, attended the panel titled “Starting Strong: Beginning Your Career in Public Service.” The panel consisted of four women who are in various public interest-related careers. 

After each of the panelists introduced themselves and gave a general overview of their career paths, they were asked a series of questions relating to choosing careers, networking, and advice that they would give to students hoping to follow in their footsteps. 

Claire Blumenson ’11, co-founder and Executive Director of School Justice Program (SJP), introduced herself first. SJP is a non-profit that provides legal assistance to older students with disabilities. When asked how current students can network in the public sector, Blumenson advised the panel attendees to reach out to two or three legal organizations each week to set up a 20-minute phone call. Blumenson emphasized that this is a great way to learn about various public interest-related career paths and also make connections with people in the industry. Additionally, Blumenson encouraged students looking to learn more about potential public interest career paths to look to the Equal Justice Works website, which sorts fellows into their areas of practice.

Vivian Kim ’12 spoke next, who spent three years practicing litigation in big law before joining the U.S. Attorney’s Office for the District of Columbia in 2015. Kim has worked exclusively on matters relating to domestic violence in the D.C. Superior Court over the past year. She advised that enthusiasm is the most valuable attribute that a potential summer intern at the U.S. Attorney’s Office can bring to an interview. Passion and enthusiasm for working within the system is essential to success in this career path. 

Sarah Buckley ’14 then spoke about her work as a trial attorney in the Defense Section of the Environment and Natural Resources Division (ENRD) at the U.S. Department of Justice. Buckley works predominantly on defensive cases under various environmental statutes. She educated students about the value of a working judicial clerkship, as she felt that her experience clerking gave her the opportunity to narrow her legal interests. 

The fourth member of the panel, Cassie Powell, works as a staff attorney at the Legal Aid Justice Center’s JustChildren program. Her interests include public interest and education law, and she currently works representing children in educational matters. In narrowing her career path, Powell emphasized the importance of understanding her personal values, and in shaping her career goals off of these values. For example, finding balance and prioritizing her family has always been of the utmost importance to Powell, so she looked to a career path that would facilitate her pursuit of these personal goals.

For the final ten minutes of the event, the audience had the opportunity to ask questions to the panelists. One student asked about differences in salaries between the public and private sectors, which sparked a lively back-and-forth between the panelists about the tradeoff of salary for career autonomy that accompanies public interest careers. All the panelists ultimately agreed that, while public interest law careers pay significantly less than firm jobs, the personal fulfillment and passion they derive from their careers is well worth a lower salary. 

Many students hope to enter into public service at some point during their legal career. However, working at a private firm for the first few years out of law school can be desirable or even necessary to pay off student debt, provide financially for one’s family, and get high-quality legal training. At the Private Pathways to Public Service panel, four UVA Law alumni discussed their paths from the private sector to public service and gave candid and valuable advice for students hoping to follow similar career trajectories. 

Panelist Sarah Hall ’05 serves as an attorney in the Division of Enforcement at the U.S. Securities and Exchange Commission, where she investigates violations of federal securities laws, insider trading, and fraud. Prior to the SEC, Hall was an insurance coverage litigator at Covington & Burling. Though Hall found the training and mentorship she received at the firm valuable, she noted that insurance litigation was not easily transferable to government service. Despite this, Hall was able to make the move to the SEC in through a social connection, demonstrating her point that networking can be key to finding a job in civil service. Because she knew the public sector was her ultimate goal, Hall also signed up for USA Jobs notifications during her first year in big law and had yearly career check-ins with herself. She recommended students interested in making the transition from private to public service do the same. 

As a public defender for the Western District of Virginia, panelist Lisa Lorish ’08 represents clients on everything from DUIs and minor possession to capital murder, more often on the appellate stage than at trials. Lorish graduated from the Law School in 2008, at which point she became an associate at Sullivan and Cromwell. In 2011, she joined the Charlottesville office of McGuireWoods as a commercial litigator and worked there until beginning her current role in 2014. Lorish recommended students hoping to go into public service be aware of how easy it can be to succumb to the inertia and “golden handcuffs” of firm practice and be ready to potentially relocate for an opportunity that comes along, as flexibility can be crucial to getting hired. 

Representing the prosecutorial side of criminal practice, Kristi O’Malley ’05 is the Deputy Criminal Chief and Chief of the Southern Division at the United States Attorney’s Office for the District of Maryland. O’Malley has been at the USAO for nine years, prior to which she worked at Latham and Watkins. O’Malley suggested that students hoping to eventually enter public service choose a firm with an open system of choosing projects, as to not get “pigeon-holed” into a specific, nontransferable legal area. 

The sole panelist employed at a nonprofit, Jennifer Nelson ’11 works as an attorney for the Reporters Committee for Freedom of the Press and also serves as co-director of UVA Law’s First Amendment Clinic. Before she worked in public service, Nelson was an associate at Gibson Dunn & Crutcher’s Washington D.C. office. Having graduated law school during the recession, she knew beginning at a firm was a reality. Nelson had always been interested in media law. Nelson urged those who know they will leave the private sector to “be realistic, and keep to a budget” and to focus on paying off debt while at the firm. 

All the panelists endorsed taking advantage of pro bono opportunities that would give young attorneys substantive legal experience, particularly in the courtroom, and show future employers their continued interest in public service. They also all urged those interested in making the career transition to stay in touch with old classmates and colleagues, emphasizing that networking continues to be a primary way to land jobs in different sectors. Frances Skardon ’22, found the event very informative, explaining that it made her feel “more comfortable in making her career choices.” Despite the significant difference in salary between private and public work, the accomplished attorneys on the panel were glad they made the jump from big law to public service and showed that it entirely possible with some forethought and strategy.   

After the panels concluded, students walked over to Purcell Reading Room for a reception accompanied by hors d'oeuvres, drinks, and a speech by Sarah Baker (former Special Assistant to President Obama’s Office of White House Counsel). As a UVA alumna, she delivered an inspiring speech about the path of her career within both the public and private sector. She later inspired the crowd through her message that whichever path one enters first in the legal field, it’s still possible to make a difference whether private or public. 

She also discussed her new organization “We The Action"— a digital platform connecting lawyers to pro bono projects across the Nation, which to date, has built out 8,000 volunteer lawyers. The organization is  “a launching pad for lawyers looking to make a change or dip their toes into work they haven’t previously considered.”

When elaborating on her decisions out of law school to first join a firm, Baker discussed the tension between her passion to “do good” as the kind of person who thought “she’d save the world” as a kid, with knowing the security and stability that a law firm job would provide. “I knew a law firm would be a safe and stable pay. It was the path of least resistance.”

She later tied in how this work on the private sector was critical to her building skills that would eventually aid her in public service work, “I worked alongside phenomenal people building skills that would help me land my first White House job.”

Baker went on to characterize the stereotypes of those who enter the public sector and private sector as “the folks who work in non-profit are selfless do-gooders who champion the oppressed and have to weave their own clothes…those in private are just cashing checks as they laugh and smoke cigars,” the crowd laughed in amusement.

She then posed a question about all the other lawyers who fall in between. “What about the lawyers working to patent medical devices that will save lives? Which bucket do we put them in? What about the people whose parents paid for law school which makes it easier for them to work at a nonprofit does that make them better than someone who needs to pay off their loans?” These were questions on the mind of those who were in attendance of the event.

When asked about her favorite part of the speech, Jacqueline Foley ’21 said “It was so inspiring to see such a powerful woman. When you see all these powerful women on this panel succeeding at the highest level of public service and government it’s like, I can do that too. It’s like ‘you can’t see what you can’t be.’”

Foley went on to say, “So many feel like public service or private is a dichotomy. But the reality is that it’s such a malleable line. You can start in private to pay off loans and there’s no shame in that, you’re not a bad person. You can always decide to go to public service when it’s right. Different circumstances in your own life or in government when they are hiring are all factors. You don't have to have it figured out all right now.”

As Baker later put it, “The point is we all have different circumstances at different times of our lives, reasons for doing the things we do.” As many law students start pondering questions of the future, considerations of practicality that conflict with our passions may be the guiding force of our decision making.

Baker later said, “so often in law but also everywhere else there are all of these unnecessary lines about doing good in the world and who gets to have the moral authority. She says, “It’s a false choice that pigeon-holes us.” Baker closed her remarks to a roaring round of applause saying, “As I see it, anyone can save the world.” 

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mav3p@virginia.edu

dfi3un@virginia.edu

kmq8vf@virginia.edu