Hearing from an Alum in Criminal Law

newtonby Dakota Newton, Class of 2018

One of my favorite things about law school is listening to stories from the practicing attorneys and other speakers that professors and the school invite to campus. All of these people have good stories to tell, but I especially enjoy stories from the people who work in criminal justice. Nothing beats a good murder case, especially when the murderer was never caught.

On October 29, Professor Marcus invited Eddie Nickel, an Assistant Commonwealth Attorney from Richmond and 2007 graduate of the Law School, to talk with a group of 1Ls from his Criminal Law class. Eddie talked about his work as a prosecutor generally, the sort of cases he generally deals with, and how he manages to work through the seventy-plus cases that land on his desk each week (good judgment and long hours, if you are curious). He also discussed the full extent of his involvement as a prosecutor, which extends far beyond what I had ever thought.

Eddie’s job begins with talking to the police officers who are on patrol, so he can understand what challenges they are facing with previous offenders. On top of that, Eddia has a massive caseload, daily court appearances, data collection, recidivism analysis, and policy recommendation. So, if you are an excellent juggler and want to bear the responsibility of keeping the Virginia criminal justice system effective and equitable, then this may be the job for you.

Eddie Nickel

Eddie Nickel

After impressing us with his wide range of skills and prodigious work rate, Eddie settled into the stories, specifically a story of a suspected murderer in Richmond who has successfully evaded multiple convictions over the past quarter century but could be sentenced shortly if Eddie’s office is successful next month.

Overall, it was an excellent experience and a tantalizing glimpse of the careers that are just a few short years away.

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See Eddie’s W&M Valentine’s post from 2011 here.


Professional Skills in the Legal Practice Program

kingby Garrett King, Class of 2018

One criticism of law schools are that much of the information and subject material learned simply doesn’t translate into the professional arena. Put simply, law school gives you the foundation to become a successful attorney but doesn’t actually provide you with the training necessary to be a practicing attorney.

At William & Mary, the Law School places extraordinary emphasis behind the Legal Practice Program. The program includes legal writing, legal research, and professional skills taught by a practicing attorney. Many attorneys have said that these courses are the most important classes at the school. While I could dedicate 10 blog posts to this program, today I will highlight the professional skills portion of the Legal Research & Writing Program.

The professional skills portion of the program is taught by a practicing attorney and is usually held one night per week. In this course we learn the practical aspects of being an attorney: how to interview clients, how to deliver oral reports to senior attorneys, and how to counsel a client on a legal matters. Although this sounds daunting, personally I think these classes are fun. For the interviews and counseling sessions, we even get to go to our professor’s law office to conduct the interview/report. While many people become nervous before these assignments, most are ungraded, and the professor gives you great feedback, so you can improve for the graded sessions at the end of the semester.

While I am not allowed to reveal the plot lines for any of the interviews (Just in case they are reused next year) I can say that the plots are all fun and informative. My Legal Practice class is actually one of my favorites because I am learning valuable skills from an expert attorney that are applicable in the professional world. Learning how to deal with a client, even if they are trying to push you off topic, is a skill that simply cannot be learned from a book but rather through hours of practice.

Yesterday, I had my last ungraded client counseling session and tomorrow is my graded client interview. Even though it is a graded assignment, based upon the feedback I’ve received in previous sessions, I am confident that I will do great!

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Keeping Perspective

swinkby Austin Swink, Class of 2017

As final exams are on the horizon, many law students begin to feel more stress. This does not go unnoticed by professors. A professor of mine recently opened class with a conversation about keeping perspective. The professor challenged all of us students to keep the full view of life when engaging in our professional work. As a side note, this professor styles his course around the phrase, “not losing the forest for the trees.” No doubt this motto extends to more than just the subject covered in the coursework. In life it is important to find things outside your profession  to value and pursue. This is a lesson that can be learned in law school, and I encourage prospective students to practice it from the first day of their legal education.

My professor’s comments reminded me of the best advice I heard about law school years ago. A lawyer told me to be sure to maintain mind, body, and soul while in law school. This can mean different things to different people, but there is a kernel of wisdom there that is universal. For me, taking time away from the library and my studies is crucial. If I have the opportunity to take an entire day off from studies, I do. If it’s just an afternoon away, I still take it. Believe me, it will be tempting to rack up the hours in pursuit of that almighty “A” on the final exam, but you will find more success in giving your mind space to think about things unrelated to law school.

With regards to maintaining one’s body, I run. Running may not be everyone’s favorite thing to do, but the general objective should be to get outside and be on your feet. Williamsburg is great for that. There are many trails and parks that are ripe for an afternoon picnic or a morning walk with your favorite coffee or tea.

With respect to maintaining one’s soul, I recommend being involved in the community. While spending time with law school friends is great, dare to find friends who are “locals.” For me, that community is at my church. Regardless of your faith, becoming involved in a local organization can broaden your perspective on your new residence and lead to experiences (meals, volunteering, sightseeing, etc.) that will greatly enrich your law school experience.

William & Mary is a great law school. But one of its most overlooked advantages, is its location. It’s a great place to not “lose the forest for the trees” and to maintain mind, body, and soul while pursing the most rigorous and rewarding academic experience of your life.

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1L Review Sessions

kingby Garrett King, Class of 2018

Welcome to my first 1L blog post! I will be talking about how review sessions work to help combat the number one fear in law school: final exams.

There is no denying the proverbial “elephant in the room;” all doctrinal classes are based on one four-hour exam at the end of the semester. With fast-paced classes and complicated readings, many law students (especially me) are virtually always thinking about the final exam. While many entering students are more nervous about “cold-calling” in class; in reality, the final exam is the overwhelming determinate of your final course grade.

Ok, I know that this doesn’t seem to be a pleasant topic, especially for my first blog post, but this month, I discovered a game-changing resource that W&M offers to 1L students: review sessions conducted by TAs. Every few weeks, TAs will conduct evening review sessions that highlight important course material and hypothetical problems, “hypos,” that mirror exam questions.

These sessions are extremely helpful! The sessions allow you to review material and ask lingering questions about specific legal issues. A few weeks ago, I attended a review session for Criminal Law, and the TA not only reviewed course material, but also shared her techniques for approaching exam questions. I was impressed since TAs must first finish among the top students in the class, and I trusted the advice she gave my classmates and me. These sessions are designed to eliminate some of the uncertainty that plagues first-semester law students.

In that week’s review session, my TA covered a hypothetical fact pattern containing several crimes including murder, accomplice liability, negligence, and their respective defenses. While this might seem overwhelming, the criminals in the fact pattern were actually Disney characters, which added much appreciated humor to the problem. Our TA wrote a step-by-step answer on the board by attributing crimes to each Disney character within the hypo.

I believe these sessions will be immensely helpful when I begin to prepare for final exams. I will be more prepared when studying, and more confident when taking the actual exam. Although I’ve barely scratched the surface of exam prep, these review session have clearly set me in the right direction for being successful. If you attend William & Mary, I would highly recommend attending these sessions.

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The First Month of Law School and the 2015-2016 Supreme Court Preview

borkby Emily Bork, Class of 2018

These past initial weeks as a 1L have been filled with all things new: a new city, new faces, new classmates, new subjects, new terminology, and most importantly, a new way of learning. Having only about five weeks of law school under my belt, I’ve grown more accustomed to tackling the course work and readings, but still face some uncertainty as to how it will all come together by the end of the semester, and even by the end of my 1L year. While I’ve been initiated into the highly anticipated cold-calling of the Socratic Method (and survived!), there are still some aspects of my 1L year that seem slightly nerve-wracking, especially outlining and prepping for exams.

All that being said, I come to find myself loving the law and my legal studies more and more each day. Maybe that’s totally nerdy for me to say, but it’s true! My passion for the law was re-affirmed when I attended William & Mary’s incredible 2015-2016 Supreme Court Preview this past weekend. Being able to listen to expert panels give their commentary and predictions regarding the cases that the Supreme Court will hear this term was truly an amazing experience. I also watched a moot court oral argument of a case that the Supreme Court will decide on this term concerning possible 1st Amendment issues of the subsidization of political speech in relation to public unions. An impressive and intellectually robust panel discussion followed afterwards regarding trends in the Supreme Court including the balance between interpretation of federal statutes and the need for judicial restraint. Even though I will admit that some of the topics were pretty complex, I found myself trying to dissect and analyze each of the speaker’s arguments. Halfway through my mental analysis of the panel’s discussion of Equal Protection and Due Process, I realized that I really am beginning to think in a different and exciting way.

Listening to the panels of scholars during the Supreme Court Preview inspired me to continue asking questions, analyzing, and trying to search for the answers. I know this semester will have its twists and turns along the way, but one thing’s for sure—I can’t wait to see where this journey will take me!

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Welcome to the Legal Profession

by Patty RobertsClinical Professor of Law and Director, Clinical Programs, and Director, Lewis B. Puller, Jr. Veterans Benefits Clinic

Early in my teaching career I had the honor of welcoming our first-year students throughout a one-week orientation, and on the last morning, I was directed to “inspire them.” It was a task that proved as daunting to me as it was rewarding, and in preparing for the start of another academic year, it serves as the inspiration for my post today.

To the new law students and those of us privileged to guide their journey, I offer these thoughts as a welcome to the legal profession. First and foremost, remember that being a lawyer is an immense responsibility.  Never forget that people trust you with their lives and their livelihoods when they choose you as their lawyer.  They deserve the best that you can give them – as a lawyer and as a person.  How you treat your clients has a rippling effect on the people they know, their communities, and the judicial system.

Who do you want to be as a lawyer? . . . That is the most critical question as you embark on this career. As you consider that question, I want to share with you a story about a lawyer who graduated from William & Mary, one who laughed that he was an important part of the law school because he was part of the foundation holding up the top three-fourths of his class. Despite his less than stellar GPA, he went on to develop a very successful law practice, using his amazing legal mind.  More important than that, though, was the effect he had on clients’ lives, not just their cases.

For instance, a client of his wrote, “He was a special person.  He seemed concerned about his client’s health and well-being, along with their legal cases.” Another client wrote, “He had a tremendous heart and always had the time for us whenever we needed it, despite his busy schedule.” A third client noted that “He guided me through many complex legal issues over the past four years – he was a great attorney and an occasional sushi lunch buddy.” Clients spoke of him being a “truly a kind and caring man.”

Through kindness and respect for others and the profession, he was well regarded by other attorneys too. One wrote, “I have had cases against him over the past few years and have always thoroughly enjoyed his company.  The legal community has lost a hard worker and a kind gentleman.” Another wrote, “He was a great, honest and good man.  He was kind to others, and compassionate in how he approached the practice of law.  In short, he was a gentleman.” Another opponent noted that he “always enjoyed having cases against him.  He was well respected, a hard worker and a joy to be around.  He will be missed in the legal community.” One attorney noted that he “never knew him, but the lawyers here in our office who had cases with him always volunteered that he was one of the good guys.”

Lastly, a William & Mary faculty member and fellow member of the Bar explained that she “frequently receives inquiries from people who need an attorney, but have no money to pay one.  In such circumstances, I have again, and again, and again, contacted him and asked him to help.  He has never said “no.”  When people ask me what kind of law he practices, I say “free law” because he is so generous with his services.”

A young student who externed with him noted, “I look to him as my role model.  He is not only the type of lawyer I want to be, he is the type of person I want to be.  If I achieve that, in my mind I will be successful.”[1]

It starts now, as you begin law school – what kind of lawyer do you want to be?

As you embark on this profession, you will be entrusted with the keys to the judiciary. With that privilege, you are making a commitment to the highest standards of professional behavior, behavior that includes self-enforcement and required competence. Once you make this commitment to higher standards of behavior – the likelihood of getting caught when you break the rules is 100%, because you will always know if your actions violate the tenets of our profession. Life as a lawyer breaching these standards will be empty and unrewarding. Law is an honorable profession, one that you should be grateful to become a part of and proud to maintain as honorable.

Challenge yourself to make this career about more than a quest for things material; such a quest will prove empty and unrewarding.  Entering this profession brings with it the responsibility to help those who cannot help themselves through the complexity of the judicial system. Our country is filled with an overwhelming number of people who need your skills and your passion just to preserve the life, liberty and happiness that the rest of us often take for granted. There is a devastating need for legal services in this country; I hope you will not leave the cry for justice from the most vulnerable among us unanswered.

Don’t forget why you came to law school.  Write down those reasons today as you embark on this journey, and look to them often during law school.   If you remember those reasons each morning, this will be a career that sustains your spirit.  Welcome to this honorable profession; we need you.

[1] The lawyer was Ken Roberts, William & Mary Class of 1990, my late husband, who died suddenly after turning 41.  He was the kindest, most compassionate and generous lawyer I have ever known.  He inspired me during his life, and he continues to do so today, as an attorney who regularly made a difference in the lives of others.

Reposted with permission from Clinical Law Prof Blog.

Magna Carta 800th Anniversary Program

satiraby John Satira, Class of 2017

Individuals engaging in the study of law could certainly be described as a curiosity-driven and knowledge-seeking bunch. The William & Mary Law School community supports the intellectual curiosities of its students, faculty, and staff by hosting a wide variety of speakers to discuss various topics related to law. In fact, one of my many New Year resolutions for 2015 has been to attend more of the school’s speaker events. Thankfully, I was able to make strides toward accomplishing my resolution early, as educational speaker opportunities began as soon as winter break ended.

One especially interesting event I attended was a program to commemorate the 800th anniversary of the Magna Carta. For those that need a quick history refresher, the Magna Carta was a charter signed by England’s unpopular King John in 1215 that asserted certain rights the monarchy could not remove from its subjects. The legacy of the Magna Carta has had a profound impact on “rule of law” legal theory, including an influence on the legal framework of early United States law.

After an introduction by Dean Douglas, three very distinguished speakers took turns discussing the Magna Carta from a variety of perspectives. The first was William & Mary’s own Professor Tom McSweeney. As one of the nation’s leading experts on the Magna Carta, Professor McSweeney spoke about how the Magna Carta’s impact was not limited to the 1215 document. In fact, McSweeney argued that the lesser-known later amendments to the Magna Carta defined the charter’s legacy more profoundly than the terms of the original document. Following Professor McSweeney, Professor A.E. Dick Howard of the University of Virginia Law School discussed the impact that the Magna Carta had on American constitutional theory, a topic that was particularly relevant to my constitutional law class this semester. Lastly, Sir Robert Worcester, chair of the United Kingdom’s Magna Carta 800th Anniversary Commemoration Committee, spoke about his own legal experience abroad and how the Magna Carta has maintained a global influence.

I thoroughly enjoyed attending the Magna Carta 800th Anniversary program, and I know I was not the only one. Many of my fellow students attended as well, and I was able to recognize a variety of professors and librarians also in attendance. It was great to see such an enlightening event get so much attention from the law school community, and I am very much looking forward to the next presentation I attend.

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Another View- Supreme Court Preview 2014

brownby Cathy Brown, Class of 2017

In late September, the Institute of Bill of Rights Law at William & Mary Law School hosted its 27th Annual Supreme Court Preview.  This two-day event brought many esteemed legal scholars, journalists, judges, and attorneys to campus to examine the highest court in the land’s docket in its new term, which began in early October.  To my excitement, law students were invited and encouraged to attend as well.

To some, the prospect of attending a series of legal discussions on a Friday evening and Saturday sounds unappealing (especially because, as students, we spend quite a lot of time thinking about the law anyway!).  However, I’m a legal nerd.  In college, I decided to subscribe to not one, but two email bulletins about the Supreme Court of the United States.  Through these updates, I’m notified from October until June whenever the Court so much as sneezes, and certainly whenever the justices grant certiorari to a new case or release an opinion.  I was therefore intrigued by what the Supreme Court Preview would have to offer.

Supreme Court Preview 1The Preview began with a Moot Court demonstration of a case that will go before the Supreme Court this term.  Although many of the intricacies of the case went over my head (I am only a couple months into my law school education, after all!), it was still really interesting to watch seasoned professionals – who have both argued before the Court – deliver compelling oral arguments in one of the lecture halls where I go for class every week.  It was also entertaining to see some of my professors pretending to be the Supreme Court justices presiding over the case and interrupting the attorneys’ arguments to ask a barrage of nuanced questions.

As I already mentioned, I didn’t understand everything that was said at the Supreme Court Preview.  I really shouldn’t be surprised about this; after all, I only have a B.A. in Government and half a semester of law school under my belt, whereas the professions attending the event have dedicated their lives to the legal profession and are preeminent members of the field.  Still, it was inspiring to be sitting among them for a few hours in the same room where I routinely struggle to understand my doctrinal coursework.   Before classes began, members of the law school administration reminded all the incoming 1Ls that our membership in the legal community begins in law school, not with passing the bar exam or arguing our first case.  My experience with the Supreme Court Preview proved this to be true and reminded me that I’m one of many professionals who are eagerly anticipating what the Court has up its sleeve for this new term.

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Supreme Court Preview 2014

liz berryby Liz Berry, Class of


The Institute of Bill of Rights Law held the 27th Annual Supreme Court Preview last month to discuss the upcoming term. The Preview features the people most knowledgeable about the Supreme Court—reporters, scholars, former Solicitor Generals, attorneys who argue in front of the Court, and even judges. It is, to sound slightly nerdy, the star-studded SCOTUS event of the season. As I’m in the Supreme Court Seminar class this semester, I actually had the opportunity to listen and ask questions of two participants– Judge Jeffrey Sutton, 6th Circuit, and Jeff Fisher, mastermind of Riley and co-director of Stanford Law’s Supreme Court Litigation Clinic– before the Preview. It was an incredible experience, as both spoke about topics and cases they were clearly passionate, and very knowledgeable, about.

On Friday, the Institute kicked the Preview off with a moot on the DC and 4th Circuit split over the ACA (a preemptive moot, as the Court has not yet granted certiorari). Andrew J. Pincus and Michael A. Scodro, both of whom have literally argued dozens of times in front of the Court, did an absolutely fantastic job advocating for both sides. Ultimately, the moot Court– with justices ranging from the New York Times Supreme Court reporter Adam Liptak to W&M Professor Allison Orr Larsen, recent star of The Colbert Report –ended in a 5-4 split in favor of the government. While the preview was a great forecast of how the Court might decide, it will be interesting to see if the Court actually grants certiorari.

Supreme Court Preview 2Saturday featured a series of presentations. Panelists spoke on different areas of the law the Court is sure to face this term—civil rights, business, First Amendment, and criminal law. It was truly fascinating to hear the preeminent scholars discuss what the Court will see this season. Some of them (especially in the business section) were actually discussing cases they were going to be arguing this term. Without giving away any of their Court strategy, they were very open about the many facets of the case and what it could mean in the future. Overall, the Preview was highly thought-provoking. All that’s left to do now is see how the Court decides the issues this term.

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Constitutional Law Star Speaks in Annual Cutler Lecture

graham bryantby Graham Bryant, Class of 2016

William & Mary Law is no stranger to a variety of illustrious speakers on all aspects of the law. From the annual Supreme Court Preview to myriad guest lecturers the various student organizations bring in each year, students at William & Mary often find themselves faced with the difficult decision of with which speaker to spend their lunch hour on a given day.

Among the most distinguished of William & Mary’s speakers are those called upon to address the faculty and students during the law school’s annual endowed lectures. And Kenji Yoshino, the Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law, did not disappoint when he presented a talk entitled “Constitutional Factfinding: The Case of Same-Sex Marriage” during the 2014 Cutler Lecture on September 23.

Yoshino, a leading advocate for marriage equality and an anti-discrimination law scholar, was originally invited to deliver last year’s Cutler Lecture, but an unexpected snow storm that closed the university meant that Yoshino had no one to address—despite having already arrived in Williamsburg.

Thanks to the foresight of scheduling the 2014 lecture during a warm September, the Harvard, Oxford, and Yale Law graduate (who is also a Rhodes Scholar), presented his views on the distinction between law and fact as it relates to the immediate constitutional and social question of same-sex marriage.

10629287_755608304504220_3172313010524199479_oOn the surface, law and fact appear plainly different, Yoshino observed. Law is articulated by courts according to controlling precedent and subject to de novo review on appeal. Facts are discovered by a fact-finder—judge or jury, depending on the case—and are reviewed on appeal with clear error deference.

But two types of facts are addressed by courts, according to Yoshino—and this is where the law/fact distinction begins to blur. Courts make findings of adjudicative facts—the “whodunit” facts of a case, such as the fact that Kris Perry and Sandy Stier, the Prop 8 plaintiffs in California, were denied a marriage license.

In addition, courts can also make findings of legislative facts—the broad social facts not particular to a given case. For example, a court could determine that marriage is, at its core, about procreation.

The catch, according to Yoshino, is that both legislative and adjudicative facts are facts found by the court and subject to clear error review, even though only adjective facts are typically determined through the adversarial process of a trial. Legislative facts, on the other hand, are typically found by judge via non-adversarial means, such as the judge’s own research or amicus briefs.

The solution, Yoshino concluded, to the legislative fact problem is to step away from the pure distinction between law and fact, and to instead view the two on a continuum. Likewise, Yoshino argued that legislative facts should be established through adversarial testing, like a trial, and be subject to a new standard of review between clear error and de novo.

Intrigued? Good. Confused? That’s to be expected. At this point, it’s okay not to understand the fine points of the doctrines Professor Yoshino covered in his lecture. I’m a second-year law student, and I still didn’t follow his argument completely.

For a prospective student at William & Mary Law, the important take-away from this overview of the 2014 Cutler Lecture is that William & Mary allows students to engage directly with some of the top scholars on bleeding-edge issues in the law.

Even if you aren’t interest in a particular area of the law yet, speakers like Yoshino will help you explore new issues and begin to develop your views on them. And if you disagree with a speaker, that’s even better—William & Mary is a place where enlightening and respectful debate is encouraged among faculty, students, and visiting speakers.

The James Goold Cutler Lectureship was established in 1927 by James Goold Culter of Rochester, New York, to provide an annual lecture at William & Mary, the nation’s oldest law school, by “an outstanding authority on the Constitution of the United States.”

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Women Served as Editors-in-Chief of all Journals in 2014

For the first time in William & Mary Law School history, all five outgoing editors-in-chief of the school’s law journals were female.

Cassandra Roeder served as Editor-in-Chief of the William & Mary Law Review; Beth Petty, of the William & Mary Bill of Rights Journal; Eileen Setien, of the William & Mary Business Law Review; Yvonne Baker, of theWilliam & Mary Environmental Law and Policy Review, and Lindsay Paladino, of the Journal of Women and the Law. In addition, four of the five managing editors of the school’s law reviews were also women.

Five female Editors-in-Chief. Front: Yvonne Baker and Cassandra Roeder; back: Eileen Setien, Beth Petty, and Lindsay Paladino.

Five female Editors-in-Chief. Front: Yvonne Baker and Cassandra Roeder; back: Eileen Setien, Beth Petty, and Lindsay Paladino.

Click here to read about the editors’ descriptions of their experiences.



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