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Does Intolerance Abound at Virginia Law Schools?

Washington Lee Law school campus.JPGYesterday, we brought you the story of Marcus Epstein — the karate-chopping congressional staffer who was heading to UVA Law until yesterday.

Virginia is for… haters? Back in April 2007, the Washington Blade ran a story detailing difficult times for gay students at Washington & Lee School of Law:

Reports have circulated that two gay students at Washington and Lee University’s School of Law in Lexington, Va., were attacked in separate incidents late last month.

Brian Dunkel, 27, was attacked by another law school student on his way home on the morning of March 25, according to Lexington police reports….

Dunkel, who filed the report, was walking to his home on Main Street and was jumped from behind by Todd Harper Lindsey, 26, who put him in a chokehold and wrestled him to the ground, police said. Dunkel was able to get away unharmed.

A separate student claimed that she was subjected to anti-gay slurs at the same party Dunkel attended before he was jumped. The students alleged that Washington & Lee administrators were “unresponsive” to the problems of gay students.

Such problems may persist to the present. Today, Washington & Lee law school dean Rodney A. Smolla sent an email to the entire law school community about complaints of “verbal misconduct,” allegedly directed against minorities, that were raised this past semester.

Details after the jump.

Here is Dean Smolla’s statement to the students:

To Members of the W & L Law School Community:

This semester complaints were made against members of the law school community alleging verbal misconduct that included inappropriate pejorative references to individuals and groups based on race, ethnic origin, and sexual orientation, and alleging inappropriate stereotyping based on those characteristics. The statements were alleged to have occurred in both academic and non-academic settings within the purview of the law school. The matters were investigated pursuant to the University’s confidential processes for the resolution of such matters. Within the parameters of our confidentiality procedures, I write to inform the community that the investigations concluded with the judgment that the complaints were warranted and that serious misconduct had occurred. Remedial actions were taken in all cases. In appropriate cases, substantial disciplinary actions were taken.

I write to reaffirm our Law School community’s stalwart commitment to the values set forth in our University’s official policies regarding the treatment of others based on trust, respect, and civility. We have not countenanced, and in the future will not countenance, conduct by members of the community that offend those values and violate our standards.

Sincerely,

Rod Smolla

We asked Dean Smolla what “substantial disciplinary actions” actually means. In the Todd Harper Lindsey case, we know that he sat for graduation (check out the commencement brochure). Tipsters also report that he will be sitting for the Georgia state bar (good luck with that Character & Fitness review, buddy).

Dean Smolla did not respond to our request for comment.

Here’s a free tip from Above the Law to any tolerance-challenged future lawyers: try very, very hard to refrain from hitting people. You’ll find that karate chops and choke holds work a lot better in the Octagon than the courtroom.

2 gay students attacked at Virginia university [Washington Blade]

Earlier: UVA Law Is Set to Won’t Welcome Tom Tancredo Staffer Guilty of Hate Crimes

Comments

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1 Posted by guest | Permalink Tuesday, June 2, 2009 6:49 PM

If you don't want to be around red-necks and bigots, don't go to a southern law school.

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2 Posted by guest | Permalink Tuesday, June 2, 2009 6:50 PM

That's why I opted for Stanford over Duke.

-- Incoming 1L

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3 Posted by guest | Permalink Tuesday, June 2, 2009 6:52 PM

This alleged incident happened TWO YEARS AGO and is not as one-sided as it seems. W&L is perhaps the safest law school environment around; everyone leaves their laptops out and walks around the town at all hours of the night.

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4 Posted by guest | Permalink Tuesday, June 2, 2009 6:53 PM

If this happened so long ago, why did take the dean so long to respond?

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5 Posted by guest | Permalink Tuesday, June 2, 2009 6:58 PM

There is nothing connecting the Dean's letter to those events. The letter addresses "verbal misconduct." This article is very misleading.

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6 Posted by guest | Permalink Tuesday, June 2, 2009 6:59 PM

This would be an outstanding case for ATL to redact the names of those involved - at least the student who filed the report. The Quinn guy had a reasonable expectation his name would end up on here. A guy who files a police report who just happens to be in law school does not.

Especially when the incident occurred in 2007.

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7 Posted by guest | Permalink Tuesday, June 2, 2009 7:04 PM

This is ancient news, and this article is as misleading as they come. Neither of the incidents were as one-sided as this suggests.

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8 Posted by guest | Permalink Tuesday, June 2, 2009 7:05 PM

Reason number 937 why I'm glad I turned down W&L (and still counting...)

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9 Posted by guest | Permalink Tuesday, June 2, 2009 7:09 PM

There are bigots everywhere - hello, California prop 8.

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10 Posted by guest | Permalink Tuesday, June 2, 2009 7:09 PM

ATL needs to apologize to W&L and the Public for this article. The events happened in 2007. The other student graduated for a reason. Are you really going to try to make the public believe that a school has an intolerant student body by incorrectly portraying an ancient event?

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11 Posted by guest | Permalink Tuesday, June 2, 2009 7:12 PM

University of Richmond is the worst. It's weird too, because you'd think based on the number of guys wearing pastel pants that it would be a pretty tolerant community. Maybe they are all just secretly closeted.

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12 Posted by guest | Permalink Tuesday, June 2, 2009 7:13 PM

Hate Crimes at W&L...prospective students beware

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13 Posted by guest | Permalink Tuesday, June 2, 2009 7:17 PM

this is one of ATL's stupider posts.

someone not getting to go to a school because he's a criminal/bigot + some isolated instances of "verbal abuse" + one guy getting tackled = "does intolerance about a VA area law schools?"

WTF?

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14 Posted by guest | Permalink Tuesday, June 2, 2009 7:19 PM

yawn. crimes happen all the time. if a white person gets beat up, is it a hate crime against whites? matthew sheppard got beat up over meth, not over liking men. look it up. meth heads kill each other a lot.

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15 Posted by guest | Permalink Tuesday, June 2, 2009 7:22 PM

How many instances are required, 13. At most law schools, there are zero such instances - particularly by fellow students.

Idiot.

As for the other side of the story, I'm sure religion was involved somehow. My god says gays are icky and we should jump them and verbally assault them. Now I will stand under the guise of the Constitution to protect my bigotry -- the same Constitution that I shit on when it comes to rights other than to bear arms and pray to Jesus.

-- Lawyer Gay

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16 Posted by guest | Permalink Tuesday, June 2, 2009 7:23 PM

Are you kidding me? Mystal is a fat piece of sh--t. What kind of ridiculousness is this? A two year old article from one school in VA is used to tar all VA schools. This is really irresponsible. I hate this site now. Can we start a "Bring Back Lat" movement?

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17 Posted by guest | Permalink Tuesday, June 2, 2009 7:23 PM

Elie,

How exactly does a Tancredo staffer not coming to UVA make UVA intolerant?

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18 Posted by guest | Permalink Tuesday, June 2, 2009 7:27 PM

16

Truth hurts, doesn't it?

Most people who walk the halls of VA law schools, particularly those from in-state, are obnoxiously narrow minded.

Best,

Alum of St. Chris '97, UVA 01, UVA Law 04

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19 Posted by guest | Permalink Tuesday, June 2, 2009 7:27 PM

Mystal,

Are you suggesting here that UVA is intolerant by not permitting Epstein/Tancredo to enroll (assuming it is the case that the law school has played some role in his not enrolling)?

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20 Posted by guest | Permalink Tuesday, June 2, 2009 7:28 PM

David Lat's personality, prestige, and talent was the only thing that made this site stand out. The barriers to entry for a web site like this are quite low, and there is no reason that someone couldn't step up and replace ATL now that Mystal is ruining the site with absurdly irresponsible posts such as this one. His obsession with "racism" and his obnoxious in-your-face dailykos inspired posts have really become enough to turn many away from this site. Please. Someone start a competing site.

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21 Posted by guest | Permalink Tuesday, June 2, 2009 7:31 PM

Smolla wasn't dean when this happened at w&l - you should contact Murchison if you want a comment, he was the acting dean and the one that supposedly made the kid tun himself in

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22 Posted by guest | Permalink Tuesday, June 2, 2009 7:31 PM

Aren't most law students at top law schools--regardless of location--fairly narrow minded? They are drawn mostly from elites in the United States and abroad, and thus have a vested interest in the status quo.

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23 Posted by guest | Permalink Tuesday, June 2, 2009 7:32 PM

15,

I smell a bigot, and he doesn't sound religious.

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24 Posted by guest | Permalink Tuesday, June 2, 2009 7:32 PM

This article is highly misleading. The headline about UVA has little to do with the substance of the article at all. The article itself only suggests that UVA is intolerant as evidenced by an example where the school actually disallowed a student because of his extreme intolerance. Then, the rest of the article goes on about W&L. Where is there ANY insinuation that UVA is intolerant (other than UVA's clear intolerance for those who are extremely intolerant)?

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25 Posted by guest | Permalink Tuesday, June 2, 2009 7:32 PM

Comment removed by moderator.

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26 Posted by guest | Permalink Tuesday, June 2, 2009 7:33 PM

This post is ridiculous.

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27 Posted by guest | Permalink Tuesday, June 2, 2009 7:35 PM

24,

Mystal must be charging U.Va. with intolerance to the extent it allegedly rejected Epstein. (As you suggest in your parenthetical.)

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28 Posted by guest | Permalink Tuesday, June 2, 2009 7:36 PM

17: It makes UVA intolerant of conservative viewpoints. If UVA decided not to let a Kucinich staffer enroll, wouldn't we all agree that this is intolerent?

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29 Posted by guest | Permalink Tuesday, June 2, 2009 7:36 PM

20 = racist.

Affirmative action beneficiaries are allowed two irresponsible and idiotic blog posts a day. You need to lower your standards and give them a free pass. It's the least society could allow, since people who look like them were sold by other people who look like them into slavery 150 years ago.

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30 Posted by guest | Permalink Tuesday, June 2, 2009 7:38 PM

Smolla's email says:

"This semester complaints were made against members of the law school community alleging verbal misconduct that included inappropriate pejorative references to individuals and groups based on race, ethnic origin, and sexual orientation, and alleging inappropriate stereotyping based on those characteristics."

Does anyone have the deets?

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31 Posted by guest | Permalink Tuesday, June 2, 2009 7:40 PM

Elie seems to be of the view that Epstein should be enrolled in U.Va and should not be disqualified for holding certain viewpoints.

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32 Posted by guest | Permalink Tuesday, June 2, 2009 7:40 PM

I can't take Elie's political rants anymore. I don't come here for liberal blogging! If I wanted that, why would I come here, of all places? Why wouldn't I go to a liberal blog with much more informed, clever, and literate posters, than Elie?

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33 Posted by guest | Permalink Tuesday, June 2, 2009 7:40 PM

This article is total mud raking crap. Not only is this incident incredibly old news, most students at "VA Area Law Schools" have long known that the story behind the 2007 is far more involved than presented in the blurb quoted. Perhaps the DC "gay newspaper" isn't the most impartial reporter for an incident involving a gay person, regardless of that person's own responsibility.

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34 Posted by guest | Permalink Tuesday, June 2, 2009 7:41 PM

31, and this is controversial, why?

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35 Posted by guest | Permalink Tuesday, June 2, 2009 7:41 PM

defamation

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36 Posted by guest | Permalink Tuesday, June 2, 2009 7:42 PM

33, what was the nuance?

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37 Posted by guest | Permalink Tuesday, June 2, 2009 7:42 PM

the more i see this post the stupider it gets. EM should revise and apologize.

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38 Posted by guest | Permalink Tuesday, June 2, 2009 7:43 PM

this is an absolute waste of time. anyone who lumps an entire school in with the actions of one individual is an absolute retard. w&l is a fine school. the actions of one moron have no impact on that fact.

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39 Posted by guest | Permalink Tuesday, June 2, 2009 7:43 PM

32 - How is Elie "liberal" for supporting the admision to a Virginia law school of someone who is seen as intolerant and conservative?

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40 Posted by guest | Permalink Tuesday, June 2, 2009 7:43 PM

31, I'm pretty sure Mystal takes the opposite view, that UVa is intolerant because it is associated with an intolerant person and almost let him enroll.

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41 Posted by guest | Permalink Tuesday, June 2, 2009 7:44 PM

30 -

earlier in the semester Smolla had a mandatory meeting that every law student had to attend to discuss various incidents at the law school prom that included

Urinating within the venue (in public spaces);
Vomiting within the venue (in public spaces);
Pouring beer over one another;

and of course

Orally assaulting Catering staff when confronted.

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42 Posted by guest | Permalink Tuesday, June 2, 2009 7:46 PM

This post could be interpreted as criticism of U.Va. for the non-enrollment of Epstein. Is that Elie's intent?

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43 Posted by guest | Permalink Tuesday, June 2, 2009 7:48 PM

i didnt get any email today

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44 Posted by guest | Permalink Tuesday, June 2, 2009 7:49 PM

What do these incidents say about Virginia law schools?

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45 Posted by guest | Permalink Tuesday, June 2, 2009 7:49 PM

Have you ever noticed how conservatives come out in droves for posts involving TTT?

Coincidence?

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46 Posted by guest | Permalink Tuesday, June 2, 2009 7:50 PM

i didnt get an email either

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47 Posted by guest | Permalink Tuesday, June 2, 2009 7:52 PM

i bet its the same w&l student posting over and over

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48 Posted by guest | Permalink Tuesday, June 2, 2009 7:54 PM

You guys are worse than Fox news. You think putting a question mark in a headline makes it fair?

Both these news items involve uncorroborated allegations, years apart, about students at a *single* Virginia school - Washington and Lee.

The write-up supports, at most, a headline asking:

Does Intolerance Abound Right Next Door to VMI?
(That's where the W&L campus sits.)

Of course not! Those jarheads at VMI are so gentle, and they just love the gays! It must be the school's fault. No, not the school - the whole *state*! Or, if you listen to some idiots posting here, the *entire South*! Yeah, that's what accounts for the New Great Migration - our continued unmatchable intolerance. If you want to see real racism, move to Boston. If you want to see real homophobia, move to Long Island. Stop picking on the best state in the union.


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49 Posted by guest | Permalink Tuesday, June 2, 2009 7:56 PM

Elie baits conservatives brilliantly. He's playing you all like a fiddle - for more and more page views.

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50 Posted by guest | Permalink Tuesday, June 2, 2009 7:58 PM

So, a couple of egregious incidents at W&L and UVa REFUSING to enroll a knucklehead bigot and suddenly every law school in the state of VA is a bastion of intolerance. Not only is this post intellectually fraudulent, it's clearly meant to stoke stereotypes and advance Mystal's own personal animus. He ought to be ashamed of himself, although having read many of his posts, shame is not an emotion in his repertoire. Lat,. do not allow these kinds of posts on the board anymore. Honestly, this is a cheap shot beyond the pale.

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51 Posted by guest | Permalink Tuesday, June 2, 2009 7:58 PM

48 - you should have been keeping up with the news...

VMI cadet charged with rape just over a month ago

http://www.cnn.com/2009/CRIME/04/02/vmi.rape.charge/index.html

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52 Posted by guest | Permalink Tuesday, June 2, 2009 7:58 PM

Comment removed by moderator.

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53 Posted by guest | Permalink Tuesday, June 2, 2009 8:03 PM

51/52, Mike Nifong, is that you?

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54 Posted by guest | Permalink Tuesday, June 2, 2009 8:04 PM

52, I suppose that means every cadet there is a rapist, right?

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55 Posted by guest | Permalink Tuesday, June 2, 2009 8:06 PM

54,

by the logic of this post, yes.

52

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56 Posted by guest | Permalink Tuesday, June 2, 2009 8:07 PM

Simple solution. Don't be gay.

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57 Posted by guest | Permalink Tuesday, June 2, 2009 8:08 PM

55, I see, your post was satire. Well, in that case, I agree. The logic of this post is incredibly flawed, and as a minority graduate of a VA law school, incredibly unwarranted. A cheap shot to say the least.

54

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58 Posted by guest | Permalink Tuesday, June 2, 2009 8:11 PM

I don't see this post as making a statement or accusation. I see it as asking questions:

"Does Intolerance Abound at Virginia Law Schools?"

"Virginia is for... haters?"

And now we are debating those questions in the comments, as we should.


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59 Posted by guest | Permalink Tuesday, June 2, 2009 8:16 PM

Mystal seems to think the Marcus Epstein guy got a raw deal.

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60 Posted by guest | Permalink Tuesday, June 2, 2009 8:17 PM

58, are you that stupid? Do you think the addition of a question mark automatically renders a statement a legitimate question and not a below-the-belt assault? Do you watch Fox News or MSNBC, or did you grow up in a cave? Do you see how those news stations use pointed questions to advance an agenda, or do you take everything literally? Do you think any of these questions should be legitimately debated?

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61 Posted by guest | Permalink Tuesday, June 2, 2009 8:20 PM

I am sure he will do well on Character and Fitness. It's "Georgia" afterall. Georgia, the former Soviet Republic, has better record on gay rights.

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62 Posted by guest | Permalink Tuesday, June 2, 2009 8:22 PM

59, I sincerely doubt that Mystal thinks Epstein got a raw deal. That would be a principled stance in his quest to ferret out any and all perceived intolerance. Instead, I think what he saying is that Epstein was affiliated (insofar as being accepted and trying to matriculate) with UVa, and therefore, UVa is racist. Utterly fatuous.

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63 Posted by guest | Permalink Tuesday, June 2, 2009 8:23 PM

Mystttal may get more page views in the short term with irresponsible and defamatory posts like this, but the tone that he is setting for this site with posts like this will eventually open the door for a competing site to replace ATL. I guarantee it.

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64 Posted by guest | Permalink Tuesday, June 2, 2009 8:25 PM

Why don't you report on liberal intolerance of conservatives or, let's say, the hatred of Sonia Sotomayor or Rev. Wright (Obama's pastor for 20 years) for white people?

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65 Posted by guest | Permalink Tuesday, June 2, 2009 8:26 PM

A competing legal gossip site that boasted journalists who cultivate sources at firms and firm clients and break news could very well overtake ATL.

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66 Posted by guest | Permalink Tuesday, June 2, 2009 8:40 PM

The Washington and Lee Class of 2010 and 2011 are the most uncivilized group of "people" I've ever encountered... even for southern white trash.

I have the misfortune of interviewing you idiots for one of your precious job fairs... good luck getting offers.

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67 Posted by guest | Permalink Tuesday, June 2, 2009 8:42 PM

65 - Those sites already exist. They are called "WSJ Law Blog" and "Am Law Daily."

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68 Posted by guest | Permalink Tuesday, June 2, 2009 8:46 PM

The best law school conservative is the one who hates poor people while driving around a BMW, eating from the cafeteria every day and never having to work for anything in his life, who believes all minorities are dumb while not doing that well himself, and who cloaks himself in the bible as a facade for his bigoted intolerance of gay people. Now THAT, my friends, is a real conservative.

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69 Posted by guest | Permalink Tuesday, June 2, 2009 8:48 PM

67,

Those sites are not so geared to associates and the rapid dissemination of gossip. ATL, or a competitor, would to well to engage in the active cultivation of sources. I do not get the sense that its current staff really understands what that entails or how much good information it could yield.

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70 Posted by guest | Permalink Tuesday, June 2, 2009 8:50 PM

Pretty much all law students and attorneys are essentially conservative.

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71 Posted by guest | Permalink Tuesday, June 2, 2009 9:01 PM

Does Intolerance Abound at Virginia Law Schools?


Do bears piss in the woods (at Virginia law schools)?

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72 Posted by guest | Permalink Tuesday, June 2, 2009 9:01 PM

I thought Washington & Lee was in Missouri?

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73 Posted by guest | Permalink Tuesday, June 2, 2009 9:07 PM

51/52, You're adorable! The "gentle" and "gay-loving" comments about VMI were sarcasm, of course.

I was suggesting that a handful of physical and verbal assaults upon gay people in Lexington, Virginia is probably more attributable to the proximity of the Virginia Military Institute than it is to...uh...the entire state of Virginia...or...umm....whatever the heck is being suggested here (I'm still not clear). I've seen and heard some startling things from a few VMI guys. It wouldn't surprise me if those guys beat up gay guys in the neighborhood. Or, maybe the perps are W&L students after all. Either way, the "explanation" for this phenomenon is that there are a couple a*holes who live in Lexington, Virginia right now. That explanation makes more sense to me than....(What exactly *is* the argument? The water in Virginia causes hatred? That there's a secret hate factory in the basement of Mount Vernon? That the humidity is just so stifling that we uncontrollably shout slurs at passersby?)

-48

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74 Posted by guest | Permalink Tuesday, June 2, 2009 9:09 PM

The best part of W&L is the minimal amount of hair gel.

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75 Posted by guest | Permalink Tuesday, June 2, 2009 9:10 PM

16 - I found students from Richmond itself to be the most narrow minded. Don't paint all the in-state students with the same brush...

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76 Posted by guest | Permalink Tuesday, June 2, 2009 9:11 PM

Dean Smolla's recent letter may actually be in reference to comments made by a professor at W&L which caused certain students to complain to the administration. I believe one black student was angered by racial comments made by the professor during a meeting, and the same professor made some reference to "flamers" during class, which upset a gay student. I have not heard anything about any students being brought before the administration or disciplined for incidents related to racist, sexist or homophobic comments this year.

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77 Posted by guest | Permalink Tuesday, June 2, 2009 9:11 PM

I am seriously disappointed in ATL and seriously doubt I will ever peruse its pages again. This story primarily concerns incidents that took place in 2007. They were investigated at the time and W&L dealt with them appropriately. I was there and the charge that school administrators (or the school in general) was unresponsive to concerns raised by gay students is completely false. I further fail to see any connection between the 2007 incident and the undisclosed verbal comments that occurred recently. Unfortunately, ATL had decided to, quite irresponsibly, darken the name of a vibrant and quite tolerant educational community. It is incredibly telling that this website only mentions southern schools like W&L when engaged in illogical tangents based on the unstated premise of the liberal north's moral and cultural superiority.

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78 Posted by guest | Permalink Tuesday, June 2, 2009 9:14 PM

Elie, thanks for exposing what is going on. We need more people like you.

To the ignorant posters who have nothing better to do than trash Elie, go to hell. This has nothing to do with "liberal" blogging. It has everything to do with being a decent human being and not a scumbag attorney.

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79 Posted by guest | Permalink Tuesday, June 2, 2009 9:18 PM

In terms of the timeliness of this post, it's probably up because this Todd guy just graduated.

As an alum of W&L, I'm a little embarrassed that we're giving a degree to this guy. I feel like mine just got cheapened in the process. It's that type of guy who gives the school, the state of VA, and the South in general a bad rap. This is definitely not the norm.

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80 Posted by guest | Permalink Tuesday, June 2, 2009 9:24 PM

I'm fairly certain that there was not a harsher penalty in the 2007 incident because it was determined that the sexuality of the victim had nothing to do with the fight. Apparently that guy was being a jerk to everyone that night, and got hit for it.

Not exactly classy, but pretty much a non-story.

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81 Posted by guest | Permalink Tuesday, June 2, 2009 9:25 PM

77

how did w&l deal with the concerns appropriately?

i was there too, i thought it was pretty much swept under the rug.

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82 Posted by guest | Permalink Tuesday, June 2, 2009 9:29 PM

Elie is covering up for his poor abilities as an editor. The original post at about 6:45 p.m. EDT incorrectly portrayed the Washington Blade story as running "just over two months" ago, as in April 2009 rather than April 2007. That was Elie's reason for posting this nonsense in the first place, but he didn't acknowledge it or post a correction. Instead he tried to smooth over his mistake by subtly changing the post to make it "timely." He has a habit of this. At least Lat will acknowledge his mistakes.

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83 Posted by guest | Permalink Tuesday, June 2, 2009 9:45 PM

82 here. I should add that the original post also portrayed Smolla's e-mail as a response to the incidents reported in the Washington Blade story, which was of course wrong given that they occurred in 2007. But Elie covered his tracks by observing that "[s]uch problems may persist to the present." There may be a story behind Smolla's e-mail in its own right, but Elie needs to get the facts straight before posting irresponsible nonsense and then refusing to acknowledge that he blew it.

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84 Posted by guest | Permalink Tuesday, June 2, 2009 9:45 PM

82 here. I should add that the original post also portrayed Smolla's e-mail as a response to the incidents reported in the Washington Blade story, which was of course wrong given that they occurred in 2007. But Elie covered his tracks by observing that "[s]uch problems may persist to the present." There may be a story behind Smolla's e-mail in its own right, but Elie needs to get the facts straight before posting irresponsible nonsense and then refusing to acknowledge that he blew it.

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85 Posted by guest | Permalink Tuesday, June 2, 2009 9:53 PM

I’m glad the Washington Blade ran a story two years ago about how difficult things are for gay students at Washington & Lee. Thank you for sharing this news with us.

Maybe the Washington Blade can run a story about how difficult things are for literate people who try to wade through the crap that passes for news here at Above the Law.

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86 Posted by guest | Permalink Tuesday, June 2, 2009 9:54 PM

Posting the name of the offending student from a case unrelated to the Dean's email is irresponsible and unfair. Furthermore, covering up for an editorial mistake by trying to make this a story is far-fetched and pathetic.

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87 Posted by guest | Permalink Tuesday, June 2, 2009 9:59 PM

Three hours after the story was originally posted and I still havent heard what "nuance" there was to the story other than that one commenter is "fairly certain" the guy was being a jerk to everyone that night and got hit for it. How was he being a jerk to everyone that night? What did he do that justified getting hit? Police said the victim was jumped from behind and put in a chokehold when walking home. How is this consistent with getting hit for being a jerk? Why if there was "nuance" to the story has no one been able to state what that nuance was?

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88 Posted by guest | Permalink Tuesday, June 2, 2009 10:10 PM

81 - I was there too. It was certainly not swept under the rug. I'm friends with the "assaulted" (male) student. It was thoroughly investigated by both the school and the police. There was also a school wide meeting called by students (O. & H.) and the community made its standards quite clear. The incident with the two guys was unfortunate, but nothing more.

As a separate issue. This is over two years old. I've always found the complaints about Mystal somewhat amusing, but still off-color. Now I get it. No effort to check for the existence of a conviction, apparently no effort to contact the school for comments about the two year old incident, apparently no effort to contact either of the involved students, or students who were there at the time. Nothing. Just spiteful, ignorant laziness. Worse, it dredges up old issues for people who have struggled with them and moved forward.

As for the character and fitness portion of the bar -- if there were no convictions, I doubt there's going to be much of an issue. On that topic, I would be interested in knowing where Elie is a member of the bar -- IF he still is. If the Dune guy or the laid off Latham guy want to distract themselves and look into that jurisdiction's rules of professional conduct, I will consider filing a complaint. Your inability to spell, or write coherent sentences, or communicate effectively with firms is one thing -- your indifference to people's lives and a school's reputation is another.

And re: UVA ... wtf?!

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89 Posted by guest | Permalink Tuesday, June 2, 2009 10:14 PM

Elie, you are a PHATTT idiot. Intolerance against skinny smart people clearly abounds in Cambridge.

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90 Posted by guest | Permalink Tuesday, June 2, 2009 10:19 PM

Um...its Virginia, right? What a shocker. This stuff happens all the time below the Mason-Dixon line. Never go south of DC or west of Philly.

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91 Posted by guest | Permalink Tuesday, June 2, 2009 10:19 PM

@87 - The guy who wants to know all the nuance. To back up #88... Not happening.

The vast majority of W&L students and Va students are not jerks. And unlike Mystal we do not feel the need to drag these two guys names through the dirt once again by rehashing an old story by telling everybody the "facts." So we'll educate you on nuance.

Two guys got in a fight at a party. No criminal convictions, everybody graduated.

Let it be.

and FYI - Police "reports" in Virginia are not public record, and would have to be released by the complaining party. Nuance, nuance, nuance.

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92 Posted by guest | Permalink Tuesday, June 2, 2009 10:24 PM

Please justify your blanket insinuation that intolerance abounds at VA law schools. Why are you dragging every VA law school through the muck b/c a couple of incidents over a span of 2 years at ONE VA law school? Please provide explanation.

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93 Posted by guest | Permalink Tuesday, June 2, 2009 10:26 PM

i think its pretty clear that there is only one w&ler posting one here multiple times

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94 Posted by guest | Permalink Tuesday, June 2, 2009 10:34 PM

VMI guys are a bit different, but there's no reason to bash those guys on this thread. First, it's utterly beside the point. Second, for every nutjob VMI guy I've met, I've met five more who are stand-up guys fighting for our country.

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95 Posted by guest | Permalink Tuesday, June 2, 2009 10:55 PM

79 -- as a W&L alum that knows both students and am familiar with the incident, I disagree. Harper is a decent young man and did nothing wrong other than confront a drunk a**hole who shielded his offensive actions behind a shield of his sexuality. The "choking" was the student grabbing the other young man's shoulder to get his attention, and the grabbee was too drunk to do anything but fall down.

But I concur with the ridiculousness of posting a 2-yr old incident clearly intended to engage in hatemongering. Shame on ATL.

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96 Posted by guest | Permalink Tuesday, June 2, 2009 11:01 PM

Hickville Law School non T14, no thanks.

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97 Posted by guest | Permalink Tuesday, June 2, 2009 11:02 PM

Badly done ATL. You'd better run a follow-up on this one with some actual facts and comments from the VA schools - especially W&L. I think you will find that the 2 year old incident was not what you excerpts suggest happened at W&L. Also, why are you trying to drag UVA's name through the mud?

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98 Posted by guest | Permalink Tuesday, June 2, 2009 11:02 PM

@90 - may want to check the facts on where that Mason-Dixon line was drawn (hint: its PA's Southern Border) -- further, there are parts of VA that make central PA and upstate NY look like AL.

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99 Posted by guest | Permalink Tuesday, June 2, 2009 11:03 PM

Badly done ATL. You'd better run a follow-up on this one with some actual facts and comments from the VA schools - especially W&L. I think you will find that the 2 year old incident was not what your excerpts suggest happened at W&L. Also, why are you trying to drag UVA's name through the mud?

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100 Posted by guest | Permalink Tuesday, June 2, 2009 11:07 PM

Thanks 82 for explaining what happened here. Most bloggers would put "update" in the post to make it clear there had been a change.

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101 Posted by guest | Permalink Tuesday, June 2, 2009 11:12 PM

Folks, obviously these Virginia schools are filled with extreme right-wing conservative rednecks.

After all, its not as if Jon Stewart (William & Mary), Tina Fey (UVA undergrad), Ted Kennedy, Michael Kennedy, Bobby Kennedy, Bobby Kennedy Jr. (all UVALaw) have or had a liberal bone between them all.

Then again, that Thomas Wolfe character did go to W&L.

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102 Posted by guest | Permalink Tuesday, June 2, 2009 11:13 PM

Of course most (by faaar) W&L and UVa kids are good people. So I would take issue with saying that intolerance "abounds" at these schools.

But I will repeat this. It doesn't take many incidents to substantially affect the learning/living environment for certain students. I'm talking about material effects on the well-being of minority students, not some abstract effect of being a liberal and simply knowing you aren't surrounded by like-minded people.

Also keep in mind that there have been previous incidents.

UVa had an issue earlier this year with alleged misconduct by a tenured professor with a history of insensitivity, if not outright racism. So far, his punishment seems unlikely to be severe.

UVa had an incident 3 years ago at Foxfield where a law student threw a drink on two gay fellow students and called them fags.

Earlier this spring, UVa endured a hate crime against gay students on campus, though it is not yet known whether the perps were fellow students or not.

Also, UVa *may* have admitted Marcus Epstein. In addition to reports that he had been telling people he was going to UVa, a commenter mentioned having seen him at an ASW. Who knows what exactly the back story is on that- maybe they admitted him and they rescinded admission, maybe they admitted him, and he is late on his deposit, who knows. Maybe the admissions office had no idea about his sordid past. Even if plausible alternative explanations exist for his reporting that he would attend UVa, it's a relevant data point in this conversation.

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103 Posted by guest | Permalink Tuesday, June 2, 2009 11:16 PM

Re: #102
To clarify, the victims of the hate crime on UVA's campus earlier this year were undergrads. The incident was something along the lines of two gay students getting assaulted at night by a group of teenagers, who called them fags or hurled some other epithet.

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104 Posted by guest | Permalink Tuesday, June 2, 2009 11:17 PM

Hey 102, there's also a history of fake hate crimes at these schools.

Google Daisy Lundy...that story stunk more than 20-year old gruyere cheese.

Or how about Ken Abraham (probably UVA's most known law professor) and the strange allegations brought against him a few years ago about a course meant to HELP minorities.

I guarantee this, on the UVA campus there have been more fake hate crimes reported than real hate crimes in the last 10 years.

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105 Posted by guest | Permalink Tuesday, June 2, 2009 11:19 PM

Wow this story totally misrepresents W&L, misconstrues the events, and misinforms the readers of ATL.

I transferred to W&L a while back and have since graduated. But the so-called climate of "intolerance" at W&L is simply non-existent.

My friends and I (from college) and certain friends at my first law school would make off-hand comments here and there (i.e., "that's gay" (stupid/dumb) or "don't be jewish" (cheap)). There was nothing racial/hateful/spiteful or any similar intention when I made by the comments. My JEWISH and GAY friends would use the same slang...I don't think I'm a racist or anything either...I have black friends...asian friends...gay friends...friends that are girls...etc etc etc..

But I digress....when I went to W&L, I learned very quickly that using such off-hand remarks would get me reprimanded very quickly. After I recognized that I was in a totally "politically correct" enviornment where there was zero tolerance for comments like that, I began to remove those comments from my day-to-day conversation.

Even though my opinion of the comments havn't changed, due to my experience at W&L I don't make comments like that at all anymore. They are just not phrases I am in the habit of using anymore. It doesn't bother me when I hear others do it, but I don't. So if anything, W&L made me MORE politically correct.

It is my experience that W&L Law (not speaking for undergrad, of which I know nothing about) is the most tolerant, racially/ethnically sensitive school I have experienced in my entire life.

As per the specific incidents, the fact that they used any former student's names is reprehensible, irresponsible, and indefensible.

This site should mail a formal letter of appology to the students involved in the incident for drudging up things that occurred 2 years ago. Also, the site should retract the story, which tarnishes all Virginia law school, and post a public appology.

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106 Posted by guest | Permalink Tuesday, June 2, 2009 11:26 PM

SERIOUS QUESTION -- now that we know that being gay is a genetic trait and not simply a choice, why not treat it as a mental illness or sexual dysfunction?

Also, if it's a genetic trait, does that mean that widespread tolerance could eliminate sham relationships, thereby eliminating propagation of the gay gene?

Food for thought.

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107 Posted by guest | Permalink Tuesday, June 2, 2009 11:27 PM

95 - thanks. There are usually two sides to every story. I would normally agree with the commenters stating that the incident is a personal matter and details shouldn't be given. However, in light of the one-sided portrayal of the incident in the story that Elie ran, I believe that the other side of the story should be made known as well--at least until the story is removed from the website. Simply stating that there was more to the story is not enough in light of the fact that the other side has his facts published above, although unwillingly. Without giving some version of facts supporting that there was more to the story, simply stating so on an anonymous blog gives the appearance of a lack of credibility.

This should all be moot, however. There was no need to publish the names of these students--especially with so little facts. Neither one of them asked to be thrust into the public spotlight. The thing that has troubled me the most about Elie as Editor in Chief of ATL is his greater willingness than Lat to publish the names of law students. The fact is that most 22-year-olds are immature and make dumb decisions from time to time. I personally believe that this is reason for law schools to prefer applicants with some work experience between their graduation from college and their entrance to law school. Regardless, the printing of the students’ names was irresponsible and the story should be removed.

- 87

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108 Posted by guest | Permalink Tuesday, June 2, 2009 11:28 PM

W&L, UVA, et al.: Stop feeding the Mystal with comments on this ridiculous excuse for a story. He is fat and stupid enough. I am actually only reading it for the insults.

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109 Posted by guest | Permalink Tuesday, June 2, 2009 11:29 PM

105 here,

I want to reiterate what 95 said. The student mentioned is a good hearted, kind person. He was always nice to everyone from what I could tell.

Everyone has made drunken mistakes in the past...Harper's actions had nothing to do with the sexual orientation of the individual, and everything to do with the fact that he was a punk and a jerk.

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110 Posted by guest | Permalink Tuesday, June 2, 2009 11:29 PM

105 here,

I want to reiterate what 95 said. The student mentioned is a good hearted, kind person. He was always nice to everyone from what I could tell.

Everyone has made drunken mistakes in the past...Harper's actions had nothing to do with the sexual orientation of the individual, and everything to do with the fact that the "victim" was a punk and a jerk.

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111 Posted by guest | Permalink Tuesday, June 2, 2009 11:31 PM

106 - Homosexuality was removed from the DSM (Diagnostic and Statistical Manual of Mental Disorders) in 1973.

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112 Posted by guest | Permalink Tuesday, June 2, 2009 11:31 PM

Posting this article is almost as misleading as posting "Dewey Defeats Truman". The referenced student was proven to have committed NO WRONGDOING. Before you post items that have no truth to them (with no apparent follow-up research having been committed), you may think about the effects they may have...especially when NOTHING HAPPENED.

Having read this website for the last two and a half years, I will no longer read this site because it has turned into blatant gossip mongering that has NO BASIS IN TRUTH (I was there when this supposed incident happened)

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113 Posted by guest | Permalink Tuesday, June 2, 2009 11:33 PM

48, 51, 73-

What the FUCK does this story have to do with VMI? Nothing. Not one single thing.

That kid that got charged with rape was railroaded. The story that was never reported was that a week later they let him out, cleared of all charged. Of course, the girl that wrongfully accused him (and apparently, had wrongfully accused someone else earlier) never even had to miss a class. He missed a few weeks of school, undoubtedly was dismissed, and (my experience with VMI would suggest) that the chances of him ever getting back into the school there to finish his final semester is minimal at best, if only because the VMI admin and Corps of Cadets (rightfully or wrongfully) will declare that he should have had the sense to avoid putting himself in a situation where his integrity could be questioned at all. Ridiculous. He got Nifonged, though besides CNN.com, the mainstream press mostly had the sense to leave the story alone. Of course, no one ever followed up to give the last part of the story. Complete bullshi.

There are obviously exceptions, but for the vast majority of the time, the kids at VMI are locked away and the only time they make it off of the campus are when running where they are openly mocked and seldom retaliate.. On the weekends, they mostly keep to themselves at a couple bars where they are loud and perhaps a little profane (and maybe drink a little too much) but for the most part bother no one. If there is anyone in Lexington to be blamed for bigotry, misogyny, homophobia, xenophobia, or just plain being a bunch of assholes, it would be the W & L undergrad frat guys who basically have a license to kill without any repurcussions.

What a joke.

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114 Posted by guest | Permalink Tuesday, June 2, 2009 11:34 PM

Wasn't a black person shot and killed on Harvard's campus a few weeks ago. And weren't allegations of racism leveled against Harvard for the way it handled the situation?

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115 Posted by guest | Permalink Tuesday, June 2, 2009 11:36 PM

BTW here's another potential fake hate crime at UVA:

http://www.discriminations.us/2004/09/here_we_go_again.html

After all, most vandalists have the courtesy to take the time to vandalize with a removable substance, as opposed to simply smashing windshields and slashing tires.

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116 Posted by guest | Permalink Tuesday, June 2, 2009 11:40 PM

In "Eyes Wide Shut," a guy wearing a Yale sweatshirt bumped Tom Cruise and called him a "faggot." Clearly, Yalies hates gays (or cigarettes). And Scientologists.

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117 Posted by guest | Permalink Tuesday, June 2, 2009 11:40 PM

In "Eyes Wide Shut," a guy wearing a Yale sweatshirt bumped into Tom Cruise and called him a "faggot." Clearly, Yalies hates gays (or cigarettes). And Scientologists.

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118 Posted by guest | Permalink Tuesday, June 2, 2009 11:41 PM

I agree with you, No. 9. It's amazing how bigoted gay activists can be against anyone with a differing opinion.

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119 Posted by guest | Permalink Tuesday, June 2, 2009 11:44 PM

117 -
"Faggot" historically refers to the burning ember not the cigarette generally. The term is derived from the times when gays were burned at the stake by the catholic church. Worse than "nigger" or any other slur, if you ask me. But, then again I don't really like gay people.

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120 Posted by guest | Permalink Tuesday, June 2, 2009 11:47 PM

So when you say "inappropriate pejorative references to individuals and groups based on race, ethnic origin, and sexual orientation, and alleging inappropriate stereotyping based on those characteristics", would this include, e.g., stating that Latina women are inherently better decisionmakers than white males?

Obama/Sotomayor - Strong voices for strong affirmative action.

No minority, no promotion!

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121 Posted by guest | Permalink Tuesday, June 2, 2009 11:48 PM

I'd argue most gay people don't even understand why people are against gay marriage. Most people who hold that position have no problem with gay couples being entitled to receive all of the legal and economic benefits attendant to "marriage," they just have a problem in giving the title "marriage" to anything other than a man and a woman.

I won't even get into the hypocrisy of "activists" who are against hate...yet who hate themselves.

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122 Posted by guest | Permalink Tuesday, June 2, 2009 11:51 PM

I hate hate. And Elie.

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123 Posted by guest | Permalink Tuesday, June 2, 2009 11:51 PM

Virginia is for lovers
but trust there's hate here
for out-of-towners
who think that they can push weight here

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124 Posted by guest | Permalink Tuesday, June 2, 2009 11:52 PM

122 = antidisestablishmentarian

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125 Posted by guest | Permalink Tuesday, June 2, 2009 11:57 PM

Intolerance for honest and factual blogging at ATL abounds.

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126 Posted by guest | Permalink Tuesday, June 2, 2009 11:57 PM

"I transferred to W&L. . . "

This is hands down the funniest statement in the thread.

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127 Posted by guest | Permalink Tuesday, June 2, 2009 11:58 PM

OK, seriously. I was a W&L 1L when the 2007 incident happened, and just graduated. There's a lot that's wrong with Lexington (it's a small Southern town, and you have to know that going in). When this incident happened some unfortunate stuff came to the surface in the law school community. Still, this article here is incredibly misleading and irresponsible. The "attacker" who you identify is by no means my favorite person at W&L, but does not deserve to have this kind of article posted about him on this site right now.

This was dealt with then and hasn't been an issue on campus for 2 years. Please print a retraction or explanation of the truth.

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128 Posted by guest | Permalink Wednesday, June 3, 2009 12:03 AM

I'd like to point out that intolerance DOES abound at Liberty University law school. And it's in Virginia. So... there.

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129 Posted by guest | Permalink Wednesday, June 3, 2009 12:06 AM

Speaking of Character and Fitness, can anybody find "Elie Mystal" on the New York State bar site?
http://iapps.courts.state.ny.us/attorney/AttorneySearch

If he worked at Debevoise NYC, why can't I find him?

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130 Posted by guest | Permalink Wednesday, June 3, 2009 12:11 AM

The best thing is that the entire confidentiality process for the complaints at W&L has been compromised.

Greaaaaaaat.

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131 Posted by guest | Permalink Wednesday, June 3, 2009 12:11 AM

129 I'm guessing its a pseudonym...sort of how I'm "Stan Heathrow St.Cummings" in my out-of-office life.

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132 Posted by guest | Permalink Wednesday, June 3, 2009 12:14 AM

131, pretty sure Elie Mystal is his real name, just like David Lat, who is on the New York State bar site.

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133 Posted by guest | Permalink Wednesday, June 3, 2009 12:18 AM

95/105/127-

Agreed. We all know he's a good kid. Plus, he can't be a homophobe: he dated that 1L girl with the gay dad.

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134 Posted by guest | Permalink Wednesday, June 3, 2009 12:26 AM

Elie is covering up for his poor abilities as an editor. The original post at about 6:45 p.m. EDT incorrectly portrayed the Washington Blade story as running "just over two months" ago, as in April 2009 rather than April 2007. That was Elie's reason for posting this nonsense in the first place, but he didn't acknowledge it or post a correction. Instead he tried to smooth over his mistake by subtly changing the post to make it "timely." He has a habit of this. At least Lat will acknowledge his mistakes.
[reprint]

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135 Posted by guest | Permalink Wednesday, June 3, 2009 12:27 AM

wow, the asshole quotient is pretty high today

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136 Posted by guest | Permalink Wednesday, June 3, 2009 12:31 AM

Re: 102. I can't comment on DL's alleged racism and insensitivity, but it seems questionable to argue that the Foxfield incident significantly affected the learning environment for gay students. The law school soundly condemned the behavior, we now make a big fuss about our diversity pledge (it doesn't mean much to me, but it might to those whose learning environment might be affected), and the student endured significant social stigma following the event.

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137 Posted by guest | Permalink Wednesday, June 3, 2009 12:35 AM

Virginia schools are awesome! Kiss our asses!

Signed,
Self-Loathing Homosexual Cocaine-Addicts (in pastel polo shirts and season-appropriate-length khakis)

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138 Posted by guest | Permalink Wednesday, June 3, 2009 12:36 AM

Virginia schools are awesome! Kiss our asses!

Signed,
Self-Loathing Homosexual Cocaine Addicts (in pastel polo shirts and season-appropriate-length khakis)

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139 Posted by guest | Permalink Wednesday, June 3, 2009 12:37 AM

What about the shooting at Harvard a few weeks ago and the subsequent allegations of racial profiling in the investigation?

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140 Posted by guest | Permalink Wednesday, June 3, 2009 12:41 AM

139, why stop at Harvard, apparently Trinity is a hotbead of racism as well.

http://media.www.trinitytripod.com/media/storage/paper520/news/2008/10/28/News/Community.Rallies.Against.Racism.At.Trinity.College-3509763.shtml

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141 Posted by guest | Permalink Wednesday, June 3, 2009 12:46 AM

Oh, and Bard (yes, Bard, one of the most liberal places in the world) doesn't seem to be immune in recent years (again, if you actually believe anything happened, or rather that it was a hoax).

http://www.zwire.com/site/news.cfm?newsid=11217287&BRD=1702&PAG=461&dept_id=69079&rfi=6

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142 Posted by guest | Permalink Wednesday, June 3, 2009 12:48 AM

Did Mystal cover the shooting at Harvard last month that left one person dead and that was followed by allegations of racial profiling at the school?

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143 Posted by guest | Permalink Wednesday, June 3, 2009 12:48 AM

As a minority female who grew up in the south, I find the article, as well as the comments stereotyping all southerners as bigoted, to be offensive. I attended and graduated from Washington and Lee and have never been in a more accepting and nurturing environment. The actions of a few individuals, who obviously have personal problems, should not be attributed to the student body as a whole or to the administration. Ever since my first year at W&L, the administration has gone out its way to make sure that minority and LBGT students are comfortable and enjoying their W&L experience. W&L law has one of the most welcoming safest environments to attend law school there can possibly be. I have never experienced any racism and can honestly say that everyone I interacted with (both in school and in Lexington on the whole, as well as in other places in Virginia) treated me with respect and courtesy. I would urge minorities who are considering W&L to disregard these comments and visit the school and draw their own conclusions. I enjoyed all three of the years I spent at W&L and will always remember those times fondly. I cannot say enough good things about the W&L and Lexington community and am saddened that the actions of a few individuals, as well as Above the Law is painting an extremely negative skewed picture of the culture and environment at Washington and Lee.

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144 Posted by guest | Permalink Wednesday, June 3, 2009 12:54 AM

This post is absolutely retarded. Two incidents in two years, one of which doesn't even involve a student and didn't happen at the school. And you go after the whole state? You need to step up your game Elie.

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145 Posted by guest | Permalink Wednesday, June 3, 2009 12:57 AM

Maybe Elie should go after California as well.

http://en.wikipedia.org/wiki/Kerri_Dunn

Or maybe he should do a post on the "hate hoaxes" on campuses.

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146 Posted by guest | Permalink Wednesday, June 3, 2009 1:17 AM

"As a minority female who grew up in the south, I find the article, as well as the comments stereotyping all southerners as bigoted, to be offensive. I attended and graduated from Washington and Lee and have never been in a more accepting and nurturing environment."

Where are you from, and where else have you been?
If you think Lexington is an accepting and nurturing environment, you're fucking bananas. It's exactly like the Coca Cola commercial -- the one where the dipshit fratboys, spastic cadets, and hillbillies all hold hands. And chant slurs at you.

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147 Posted by guest | Permalink Wednesday, June 3, 2009 1:38 AM

In response to post 146, I can't speak for the undergrad side (for all I know the undergrad side of W&L is exactly as you say) but I was speaking honestly about my experiences at W&L law and Lexington. People always say hello and are friendly to me in the streets of Lexington; shop proprietors remember me by name and always have something nice to say; the law school administration has always been very kind and courteous. I have been to many places in Virginia including: Charlottesville, Harrisonburg, Roanoke, Lynchburg, to name a few towns in Virginia. I have also been to other places in the south such as Charleston, Atlanta, Memphis and New Orleans and have always been met with friendliness. If you disagree with my point of view, that is your prerogative and I am sorry that you did not have a similar experience to me. I am assuming you also went to Washington and Lee, which is why you write as though you can speak authoritatively about it.

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148 Posted by guest | Permalink Wednesday, June 3, 2009 1:42 AM

Wow, that's a broad brush. Where can I buy one?

Now, it MAY be the case that Virginia law schools are more likely to look the other way at acts of intolerance perpetrated by law students, but does any one remember - Kiwi Camara of HLS fame?

Still, those wanna Republican politicos who hate gays and minorities (or simply take advantage of right wing bigotry) have to go to school somewhere and I'm guessing it ain't Harvard, Berkeley, or any of the other hippie communes. VA maybe? I prefer to think they all went Regent or Liberty.


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149 Posted by guest | Permalink Wednesday, June 3, 2009 1:50 AM

Mystal, you're a dishonest piece of trash. And I'll be saying that to your face next NYC ATL happy hour. See you soon.

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150 Posted by guest | Permalink Wednesday, June 3, 2009 2:41 AM

I fukin hate Elie Mystal. I am serious. This has been building, but this post is really a turning point.
It's time for SOMEONE TO START A COMPETING SITE.

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151 Posted by guest | Permalink Wednesday, June 3, 2009 4:49 AM

Last year at W&L someone proposed implementing a new hate speech policy, more or less saying try not to use words like gay and queer as derogatory terms. The general student response was that the policy was "gay" and that "the gays" shouldn’t be so sensitive.

Academically W&L is a gem of a law school, but too much of the student body is made up of white, well to do, overly-entitled heterosexual males. And it shows.

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152 Posted by guest | Permalink Wednesday, June 3, 2009 6:46 AM

What an inflammatory BS headline....

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153 Posted by guest | Permalink Wednesday, June 3, 2009 6:50 AM

Most people probably need to check their premises. There are at least three anti-gay physical attacks or "incidents" in the past 3 years at U.Va, some of which were by law students.
Just because it didn't get reported doesn't make the school any more accepting.

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154 Posted by guest | Permalink Wednesday, June 3, 2009 8:00 AM

88 here. I hope we see an editorial response from Lat to the claims about the unacknowledged article editing [82, 83, 134]. That should definitely be grounds for Elie's "separation" -- I'm sure Mr. Bearer would oblige. There was once a time when this site would sit on something in order to fact check, seek comment, and try to do the right thing. Apparently no longer. I'd be fine with a "non-lawyer" like Kash running the site. Elie's JD doesn't add anything.

129 -- thank you for checking on his bar membership. I'd still considering filing a complaint if there's a colorable violation of his jurisdiction's code.

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155 Posted by guest | Permalink Wednesday, June 3, 2009 8:07 AM

lol on checking elie's bar membership - what exactly would be the complaint? calm down.

if you don't like reading the garbage on ATL (which we all do, except when ATL calls out our firm/school) then why the hell are you wasting your time posting anonymous comments?

get a life.

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156 Posted by guest | Permalink Wednesday, June 3, 2009 8:12 AM

1. "A separate student claimed that she was subjected to anti-gay slurs at the same party Dunkel attended before he was jumped. "
This was a misquote that even the "victum" said it wasn't true. It was not at the same party. It was with a group of "friends" hanging out. So maybe one or two of her friends should wash out their insensitive mouths.

2. At the party both Dunkel & Harper were exchanging insults & both were drunk. So isn't this more like a drunk party fight?

3. What W&L Law needs to address is the drunken party atmosphere which causes these instances.

4. Also if W&L Law is so anti-gay why do they have a drag show which is a highlight which Dunkel took part in many times. And when he ran for class office he had a whole PINK campaign. Why did Dunkel then come back for graduation if W&L Law is so dangerous?

5. Dragging this out again hurts Dunkel & Harper.

6. As for the new email from Dean Smolla, this shows that W&L Law is a small tight knit community. The faculty are involved in what's going on EVEN if it taking place on OFF CAMPUS PARTIES.

7. Better reporting not just gossip needs to be done to see what kind of discrimination & hate crimes are happening.

8. For some of the commenters to make blanket statements about Southern school, that's just as narrow minded as using hateful slurs.

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157 Posted by guest | Permalink Wednesday, June 3, 2009 8:32 AM

This seems blown out of proportion and ancient history.

I read the Blade article -- all it really says is that a gay guy was assaulted. It never says (although it is suggested) that th he was assaulted BECAUSE he was gay. Just because a gay guy is assaulted does not mean its a hate crime.

If a drunk frat boy gets shoved by another drunk frat boy, we don't write articles about how he was "assaulted" because he was straight, do we?

Gay guys come in all forms - nice guys as well as assholes - and it is "narrow-minded" to think anything else. And it is the assholes who use their orientation as an excuse for being a douchebag.

All I'm saying is that this article is misleading and is based on an article with an obvious reason to suggest that the incident was a "hate crime". The fact is that there could have been a MILLION reasons besides "intolerance" for the incident. Any other conclusion is narrow-minded. (plus, is one incident at W&L enough to categorically define the school as intolerant? Really?)

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158 Posted by guest | Permalink Wednesday, June 3, 2009 8:36 AM

156 - "At the party both Dunkel & Harper were exchanging insults & both were drunk. So isn't this more like a drunk party fight?"

- 157

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159 Posted by guest | Permalink Wednesday, June 3, 2009 8:39 AM

Can we have a poll to see if a majority of the readers want Elie to leave?

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160 Posted by guest | Permalink Wednesday, June 3, 2009 8:48 AM

Given that I have $250,000 in debt and no job, I would rather cast slurs at Stilgar, Naib of Sietch Tabr, saying that he wears collars, he has sold Fremen for their water, and that he has no descendants, so as to draw him out against Alia's repressive theocratic regime and get stabbed to death by Stilgar rather than cast homophobic slurs in W&L.

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161 Posted by guest | Permalink Wednesday, June 3, 2009 9:00 AM

155 = Ellie trolling his own site

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162 Posted by guest | Permalink Wednesday, June 3, 2009 9:13 AM

104 is right. That Daisy Lundy thing was made up.

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163 Posted by guest | Permalink Wednesday, June 3, 2009 9:33 AM

@153

"at least three"???

Name the ones that involved law student perpetrators. Foxfield in fall of 2006 is one. What are the other two?

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164 Posted by guest | Permalink Wednesday, June 3, 2009 9:37 AM

Ellie, what's up dude? Why are 1/2 of your posts about either racism or sexism? These posts are both boring and they show your insecurity.

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165 Posted by guest | Permalink Wednesday, June 3, 2009 9:41 AM

Cheap shot on U.Va. They accepted the kid before the incident and revoked his admission when the incident occurred. Would it make you happy if they imposed a blanket ban on anyone who ever worked for a conservative politician?

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166 Posted by guest | Permalink Wednesday, June 3, 2009 10:01 AM

this whole site is gay.

*applies choke hold to self.....likes it

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167 Posted by guest | Permalink Wednesday, June 3, 2009 10:05 AM

This article represents the worst kind of irresponsible, inaccurate, and myopic journalism, and ATL should be ashamed of it.

168 Posted by DennyCrane | Permalink Wednesday, June 3, 2009 10:06 AM

I need to move to Virginia!

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169 Posted by guest | Permalink Wednesday, June 3, 2009 10:06 AM

Look, the not so well kept secret at UVA is that its filled with frattie white boys that have hostile views to minorities. This is not breaking news. While Elie doesnt come out and say it, anyone who knows UVA students knows what he is talking about. That, and the love to rag on Gtown (I think it has too many minorities for their taste- you know, because of affirmative action of course)

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170 Posted by guest | Permalink Wednesday, June 3, 2009 10:07 AM

Look, the not so well kept secret at UVA is that its filled with frattie white boys that have hostile views to minorities. This is not breaking news. While Elie doesnt come out and say it, anyone who knows UVA students knows what he is talking about. That, and the love to rag on Gtown (I think it has too many minorities for their taste- you know, because of affirmative action of course)

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171 Posted by guest | Permalink Wednesday, June 3, 2009 10:27 AM

I thought this was a blog for gossip and such. You guys are acting like Elie just posted a story about how he beat up an old woman. Calm the fuck down.

But the comments on this site confirm for me the fact that most attorneys are too bigoted and self-important to deal with reality. Also, I love how outraged and self-righteous the rhetoric has become with regards to the Sotomayor nomination. When you closet bigots start getting as upset about racism against minorities as you do about your beloved reverse racism, I might consider listening to your feigned principles.

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172 Posted by guest | Permalink Wednesday, June 3, 2009 10:29 AM

Why the hell are you going back over TWO years for a post?!?!

BREAKING NEWS!!!!!
Hey, did everyone hear that a guy with the last name of Loving was denied marriage because he wanted to marry someone of a different race? You should hear about it in the up and coming case of Loving v. Virginia.

I can't believe Virginia opposes bi-racial marriages...next thing you are going to tell me is that Texas is opposed to sodomy!

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173 Posted by guest | Permalink Wednesday, June 3, 2009 10:31 AM

Reverse racism/race-neutral is the new states' rights.

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174 Posted by guest | Permalink Wednesday, June 3, 2009 10:46 AM

Perhaps Elie should focus on his own esteemed?!? HLS before casting stones.

http://www.thecrimson.com/article.aspx?ref=507566 (hate crimes rally at Harvard..."Hate crimes 'are not necessarily only caused by non-Harvard students,' the student said. 'I felt really marginalized.'")

http://books.google.com/books?id=1BsO2_C6HZwC&pg=PA9&lpg=PA9&dq=harvard+law+racist&source=bl&ots=X0fjqc6b1c&sig=ef6_4r8WGQmtQsGd2brSrXlWIts&hl=en&ei=H4wmSvPZEqCi8QTcytyBDw&sa=X&oi=book_result&ct=result&resnum=1 (Harvard Law walkout over racism)

http://tech.mit.edu/V128/N33/harvard.html (Harvard police racism)

http://www.indianexpress.com/news/racist-writing-at-16-may-cost-teaching-job/27476/ (Racist writing of HLS student may cost professorship)

These links are not posted to cast aspersions on HLS, but rather to show that a quick Google search will reveal hate crime and bigotry at most any place. I don't believe HLS is any more or less racists/hate crime filled than other places. Drudging up 2 year old articles to dengrate the repuation of an entire state's school system is irresponsible journalism at best.


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175 Posted by guest | Permalink Wednesday, June 3, 2009 10:47 AM

Perhaps Elie should focus on his own esteemed?!? HLS before casting stones.

http://www.thecrimson.com/article.aspx?ref=507566 (hate crimes rally at Harvard..."Hate crimes 'are not necessarily only caused by non-Harvard students,' the student said. 'I felt really marginalized.'")

http://books.google.com/books?id=1BsO2_C6HZwC&pg=PA9&lpg=PA9&dq=harvard+law+racist&source=bl&ots=X0fjqc6b1c&sig=ef6_4r8WGQmtQsGd2brSrXlWIts&hl=en&ei=H4wmSvPZEqCi8QTcytyBDw&sa=X&oi=book_result&ct=result&resnum=1 (Harvard Law walkout over racism)

http://tech.mit.edu/V128/N33/harvard.html (Harvard police racism)

http://www.indianexpress.com/news/racist-writing-at-16-may-cost-teaching-job/27476/ (Racist writing of HLS student may cost professorship)

These links are not posted to cast aspersions on HLS, but rather to show that a quick Google search will reveal hate crime and bigotry at most any place. I don't believe HLS is any more or less racists/hate crime filled than other places. Drudging up 2 year old articles to dengrate the repuation of an entire state's school system is irresponsible journalism at best.


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176 Posted by guest | Permalink Wednesday, June 3, 2009 10:47 AM

Perhaps Elie should focus on his own esteemed?!? HLS before casting stones.

http://www.thecrimson.com/article.aspx?ref=507566 (hate crimes rally at Harvard..."Hate crimes 'are not necessarily only caused by non-Harvard students,' the student said. 'I felt really marginalized.'")

http://books.google.com/books?id=1BsO2_C6HZwC&pg=PA9&lpg=PA9&dq=harvard+law+racist&source=bl&ots=X0fjqc6b1c&sig=ef6_4r8WGQmtQsGd2brSrXlWIts&hl=en&ei=H4wmSvPZEqCi8QTcytyBDw&sa=X&oi=book_result&ct=result&resnum=1 (Harvard Law walkout over racism)

http://tech.mit.edu/V128/N33/harvard.html (Harvard police racism)

http://www.indianexpress.com/news/racist-writing-at-16-may-cost-teaching-job/27476/ (Racist writing of HLS student may cost professorship)

These links are not posted to cast aspersions on HLS, but rather to show that a quick Google search will reveal hate crime and bigotry at most any place. I don't believe HLS is any more or less racists/hate crime filled than other places. Drudging up 2 year old articles to dengrate the repuation of an entire state's school system is irresponsible journalism at best.

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177 Posted by guest | Permalink Wednesday, June 3, 2009 10:49 AM

Perhaps Elie should focus on his own esteemed?!? HLS before casting stones.

http://www.thecrimson.com/article.aspx?ref=507566 (hate crimes rally at Harvard..."Hate crimes 'are not necessarily only caused by non-Harvard students,' the student said. 'I felt really marginalized.'")

http://books.google.com/books?id=1BsO2_C6HZwC&pg=PA9&lpg=PA9&dq=harvard+law+racist&source=bl&ots=X0fjqc6b1c&sig=ef6_4r8WGQmtQsGd2brSrXlWIts&hl=en&ei=H4wmSvPZEqCi8QTcytyBDw&sa=X&oi=book_result&ct=result&resnum=1 (Harvard Law walkout over racism)

http://tech.mit.edu/V128/N33/harvard.html (Harvard police racism)

http://www.indianexpress.com/news/racist-writing-at-16-may-cost-teaching-job/27476/ (Racist writing of HLS student may cost professorship)

These links are not posted to cast aspersions on HLS, but rather to show that a quick Google search will reveal hate crime and bigotry at most any place. I don't believe HLS is any more or less racists/hate crime filled than other places. Drudging up 2 year old articles to dengrate the repuation of an entire state's school system is irresponsible journalism at best.

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178 Posted by guest | Permalink Wednesday, June 3, 2009 11:37 AM

UVA revokes an admission offer to a Tancredo staffer and that somehow makes UVA intolerant?

Elie, what would you have preferred UVA do here such that you would be convinced the administration is not intolerant? Peer into the future, witness the karate chop, and preemptively deny his application for admission?

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179 Posted by guest | Permalink Wednesday, June 3, 2009 11:49 AM

Breaking news - this is a BLOG. The editor/writer of a blog doesn't owe any one any sort of journalistic duty. They can focus on stories as they see fit, etc.

Also, more breaking news, trying to defend the actions of one individual by claiming that other people do it too wouldn't pass for logical reasoning in third grade.

I'm sorry the southerners on here took this so poorly, but get a grip.

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180 Posted by guest | Permalink Wednesday, June 3, 2009 11:52 AM

Breaking news - this BLOG allows comments and people are just voicing their opinons.

I'm sorry if it hurts your giney to see people pile on a ridiculous post, but the comments are hidden for your protection.

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181 Posted by guest | Permalink Wednesday, June 3, 2009 12:01 PM

ATL has had serious hate for W&L for a long time. I concur with what many other posters have said about W&L Law having an exceedingly open, accepting and tolerant atmosphere (the same cannot be said for the undergrad sometimes, but it is making progress). W&L elected an openly gay student as President of the Executive Committee of the Student Body (the equivalent of student body president) in 2000 and there have been (I think) several other openly gay EC members since then.

W&L often has to work extra hard and be extra sensitive to issues of racism, sexism, homophobia, intolerance, etc. because of the way it is stereotyped by -- for example -- the folks at ATL. Since it is a very old, small school in the South, named in part for Robert E. Lee, that was all male (undergrad) until late 1980s, it automatically means that everyone there is a racist, sexist, bigot, homophobic, asshole.

This is simply false and, on the part of ATL, VERY lazy "journalism".

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182 Posted by guest | Permalink Wednesday, June 3, 2009 12:01 PM

As a graduate of W&L Law and W&L undergrad, it is sickening to see the way this post misrepresents such a great institution. While it may not be what some consider a “national” University that creates great fodder for a site like this, staying off the national radar is precisely what makes it unique, and to see its good name trashed like this is a travesty.

To say that the Washington Blade got the story wrong is a gross understatement. In most “hate crime” accusations, it often comes down to who do you believe? So it’s really not worth trying to defend the real version of the story as I heard it, or at least the one that was widely known by a majority of the student body at the time of this alleged incident.

Is the school squeaky clean? Absolutely not. Are any of the schools discussed on ATL? Far from it. What I can say is that W&L is a place where honor, integrity, and civility are not just talking points for a school administration, but are actually embraced by the student body. I never once witnessed any degree of intolerance, and in fact, became even more accepting and tolerant myself after having attended. The only thing I have intolerance for are posts like this that tarnish the reputation of a school that, let’s face it, a majority of people know very little about.

I’m not saying that W&L is superior to all other schools, but if it’s going to be placed on the national radar, at least let it be based on something other than two unrelated, unsubstantiated stories that ultimately speak nothing about the type of place it really is.

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183 Posted by guest | Permalink Wednesday, June 3, 2009 12:04 PM

Should've asked W&L people about how the 2007 thing turned out instead of just quoting a gay-rights rag. The kid graduated, as a commenter above said, for a reason--there was no no wrong-doing. It even turned into a bit of a reverse black-eye for the law school, which (as I suppose was necessary) completely overreacted to the initial allegations (whole student body wearing black for the day... myself included, because I forgot that it was probably important to find out what actually happened).

In the end, there was actually about 0 wrongdoing, to which the kid's sexuality was completely collateral. That's why the "attacker" graduated and the "victim" left. And, um, if you've walked through the halls of W&L lately, it doesn't take long to figure out that there's no Good Old Boys Club conspiracy going on here...

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184 Posted by guest | Permalink Wednesday, June 3, 2009 12:06 PM

Why can't people just say "I'm from the part of the country that has a strong history of intolerance and racism and we don't like to be reminded of it and resent the fact that we are still in the spotlight for it 30 years after activist judges overruled our laws prohibiting mixed race marriages (or otherwise some of our fellow southern states would still have such laws on the books - but never mind that.)"

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185 Posted by guest | Permalink Wednesday, June 3, 2009 12:51 PM

156 has it right. ATL--you guys really messed this one up. The story from 2 years ago is very different from how you portrayed it--these guys got in a fight and that fact that 1 happened to be gay has nothing to do with it. The current letter from Smolla is addressing drunken stupidity which happens at every school, W&L just has a stricter administration which gets involved.

ATL-you need to amend the story.

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186 Posted by guest | Permalink Wednesday, June 3, 2009 2:04 PM

apparently everyone at W&L barbri would rather post defensive comments than watch Epstein

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187 Posted by guest | Permalink Wednesday, June 3, 2009 2:28 PM

Didn't a Harvard Law student circulate an outline that used a racial slur to describe black people? And what happened when the student (who continued at Harvard and graduated) applied to GMU (a Virginia area law school) for a law professor position?

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188 Posted by guest | Permalink Wednesday, June 3, 2009 3:02 PM

WHAT WHAT?

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189 Posted by guest | Permalink Wednesday, June 3, 2009 3:03 PM

IN THE BUTT

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190 Posted by guest | Permalink Wednesday, June 3, 2009 3:11 PM

Can someone shed some light on the Smolla letter? I'm pretty sure this has nothing to do with the inappropriate behavior at the barristers ball, and the mention of events happening within the academic setting makes me think it could have something to do with the comments made by a professor to certain individuals as well as in a first year class. Anyone else at W&L know what I'm talking about, or what happened with that issue? Or is this letter about other incidents involving students that resulted in some sort of sanctions against students?

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191 Posted by guest | Permalink Wednesday, June 3, 2009 3:57 PM

What do you expect from a school that is named in part after a leader of the confederacy?

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192 Posted by guest | Permalink Wednesday, June 3, 2009 5:40 PM

Lee was not a leader of the Confederacy. He was a general officer in the army of the Confederate States of America. I am aware of no allegations that he in any way concerned himself with the political and ideological aspects of the conflict, which is what, I presume, those of you who seek to denigrate his legacy have an issue with in the first place. Certainly he was less involved with the politics of secession and rebellion than the college's original namesake, Washington, who I am sure you have no issue with, despite the fact that he, unlike Lee, who was a career solider, actually owned (and continued to own) slaves and participated in the plantation economy.

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193 Posted by guest | Permalink Wednesday, June 3, 2009 6:20 PM

Your insinuation that intolerance may "abound" at Virginia law schools--specifically, UVa--defies logic. Your coverage yesterday suggests that UVa made an admissions offer to an individual without knowledge of his past criminal (and racist) behavior and subsequently withdrew that offer swiftly upon learning of his background. He won't (and shouldn't) be a student there this fall. How, exactly, does preventing someone from enrolling specifically because of their intolerant (in fact, worse than intolerant) behavior make "Virginia law schools" such as UVa intolerant themselves?

I understand that yours is often a largely lighthearted and humorous blog. But occasionally you also address serious topics, such as the employment market and problematic situations at law schools (including racial insensitivity). With such coverage comes a modicum of journalistic responsibility. You may not be the New York Times, but you have a fairly dedicated following among law students and young lawyers. Unfounded and incorrect insinuations have consequences. This morning's post demonstrate that you are incapable of handling that responsibility. I doubt very much that this message will alter your muckraking tactics (since controversy = page views = advertising revenue), but please try to have some respect for yourselves and your reputations within the broader legal community when you write your polemics.

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194 Posted by guest | Permalink Wednesday, June 3, 2009 6:30 PM

The hyprocrisy of the yankees replying to this thread reminds me of Randy Newman's best song not titled "Short People", "Rednecks" from the stellar album of the same name. Look up the lyrics for a scathing commentary on your self-important attitudes.

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195 Posted by guest | Permalink Wednesday, June 3, 2009 6:59 PM

170, those statements are total crap. You ought to be ashamed of yourself for being such a bigoted ass. Do you have any evidence that folks at UVa are any more or less tolerant than other places (other than this unscrupulous post)? Have you been to the school?

As a minority graduate of UVa, I feel criticism--warranted and unwarranted--particularly acutely. At times UVa has not put its best foot forward. But I assure you, you total clown, that UVa is NOT filled with fratty bigots. It's filled with thoughtful, open-minded, highly intelligent students. Yes, even the frat guys. So take your bile elsewhere.

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196 Posted by guest | Permalink Wednesday, June 3, 2009 7:41 PM

With all the vacant space in the closet from gays coming out, maybe we should send Elie and "her" broad sweeping & "open-minded" generalizations back in there

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197 Posted by guest | Permalink Wednesday, June 3, 2009 8:36 PM

What is often overlooked is the fact that Israel has anti-miscegenation laws currently on the books that prohibit mixed marriages. Israel does not permit a non-Jewish person to marry a Jewish person.

But as with Virginia prior to Loving v. Virginia, some people still label Israel a "democracy."

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198 Posted by guest | Permalink Wednesday, June 3, 2009 10:50 PM

Brian Dunkel -- the student that made up the story -- is now a junior associate at Sutherland.

http://www.sutherland.com/brian_dunkel/

Bet they enjoyed reading about their new colleague... who, interestingly enough, must have suffered so much bigotry in the state of VA that he decided to stay in-state (undergrad at UVA) for law school.

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199 Posted by guest | Permalink Saturday, June 6, 2009 12:41 PM

Not that anyone reads comments on 3-day-old posts, but 136, I can assure you that, as a gay student at UVA Law, I was highly distressed to learn of the Foxfield incident. The fact that there have been at least two more reported incidents of homophobic assault in the two years since that incident makes me concerned for my physical and emotional safety in Charlottesville.

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200 Posted by guest | Permalink Sunday, June 7, 2009 11:24 AM

elie you cocksucking piece of shit - stfu and stop traducing uva. honestly, go fucking die and or get a real job - one that doesn't entail sitting around on your fat ass reading miscellaneous bullshit online, aggregating it, and adding some spiteful trashtalking bullshit to it.

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201 Posted by guest | Permalink Sunday, June 7, 2009 8:33 PM

I'm black and gay. As soon as I received my first T6 admission letter, I crossed UVA off my list! UVA and W&L are not located in dream cities for black gay men. This article still blows, though.

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202 Posted by guest | Permalink Friday, June 26, 2009 4:50 PM

I did three years hard time at W&L Law back in the 90's, and I can tell you there was a strong current of racial/ethnic animus running through the student body. But, what can you expect from a school that built a shrine to one of the greatest racist apologists the world's ever known?

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203 Posted by guest | Permalink Friday, June 26, 2009 4:57 PM

202, get a fucking life (outside of whining about racism).

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204 Posted by guest | Permalink Friday, June 26, 2009 5:11 PM

203,

Have a great life, thanks for asking. Don't forget to get those sheets pressed for this weekend's rally!

Cheers!

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