Monday, August 8, 2016 by The Cavalier Daily

SUMMER IN REVIEW ISSUE Monday, August 8, 2016

Vol. 126, Issue 62

U.Va. weighs in on elections see ELECTION DISCUSSION, page 3

Danielle Dacanay | The Cavalier Daily

U.VA. RESPONDS TO KAINE PAGE 3

U.VA. STRATEGIC INVESTMENT FUND UNDER QUESTION PAGE 4

DOE OPENS INVESTIGATION WITH U.VA. PAGE 5

KHAN FAMILY AT CENTER OF DEBATE PAGE 11

HOOS IN RIO PAGE 15

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NEWS

Monday, August 8, 2016

Senator Kaine tapped for vice presidency University professors say Kaine has strong academic, political backgrounds for Democratic role Daisy Xu Senior Writer

Democratic presidential candidate Hillary Clinton announced Sen. Tim Kaine as her vice presidential pick on July 22 at a rally in Tampa. Kaine served as governor of Virginia from 2006-10 and was elected to the U.S. Senate in 2012 as Virginia’s junior senator, serving alongside Mark Warner, under whom Kaine previously served as lieutenant governor. The presumptive vice presidential nominee also served as chair of the Democratic National Committee from 2009-11 and prior to his term as governor, Kaine served as Virginia’s lieutenant governor from 2002-06 and as mayor of Richmond from 19982001. Members of the University community has reacted positively to Clinton’s pick of the Virginia Senator as her vice presidential running mate. Batten Prof. Gerald Warburg interviewed Kaine in 2014 about future challenges to public policy. To him, Kaine was “sincere, direct and honest” during the interview. Kaine has a strong reputation among both Democrats and Republicans, Warburg said. “It is very important to have a vice president to either to cover the weakness or emphasize the

strength of the candidate,” Warburg said. “Kaine could emphasize Clinton’s competence and experience in the government.” Barbara Perry, Director of Presidential Studies and Co-Chair of the Presidential Oral History Program at the Miller Center, said Kaine has an impressive academic and political background for this role. Kaine is a graduate of Harvard Law School who has a strong history of humanitarian work, Perry said. “I was impressed when in 2005, he won the governorship [of Virginia] when the president was a Republican,” Perry said. “He has worked in the American government at all levels, and he has real understanding of foreign policies.” University History Prof. Philip Zelikow said he sees Kaine as “a man of principle.” “Kaine has an unusual range of experience, both executive and legislative and at all levels of government, with experience on both domestic and foreign issues,” Zelikow said in an email statement. “I cannot think of anyone she could have picked who would bring such a full package to the office.” University Democrats President and rising fourth-year College student Samuel Tobin said the pick was “wise” and “excellent” for Clinton’s campaign.

“He has done a great job representing [Virginians’] values on the national stage,” Tobin added. Tobin also said that Kaine’s past experience in Honduras as a missionary and efforts to help people who are discriminated against could help unite people of color in the country. Kaine has a “quiet dignity” that makes people feel comfortable, Perry said. She tweeted that Kaine’s address at the convocation for victims of the Virginia Tech massacre in 2007 “revealed his oratorical skills and genuine empathy.” Perry said Kaine could help Clinton draw in votes — an expectation of presidential candidates for their running mates. “The two have a lot of commonalities,” Perry said. “Kaine could [also] fill the gap on the gender level.” Comparatively, candidate Trump’s selection of the Indiana Gov. Mike Pence (R) is most likely an effort to “unify the party,” Perry said. Pence could attract more evangelical voters than Trump, Perry added. Kaine could also help Clinton because of Virginia’s strategic importance in the general election. “Virginia is a swing state. Sometimes it is Democratic and sometimes it is Republican,” Perry said. “Because of his background, Kaine will help Clinton get a bet-

ter chance here.” However, Perry warned that some may challenge Kaine for not

being a liberal enough candidate for the vice presidency.

Courtesy Wikimedia Commons

Kaine’s political career began in Richmond, where he served as a member of city council and mayor.

U.Va. groups talk upcoming elections University Democrats and College Republicans share views on presidential election Evan Henry Senior Writer

Political organizations on Grounds are gearing up for a busy campaign season as the November election approaches. Virginia, long considered a swing state in presidential elections, will be contested ground in the race between third party candidates, the Republican nominee Donald Trump and the Democratic nominee Hillary Clinton. According to University Democrats President Sam Tobin, 2016 presents a unique opportunity for voters to help shape the future of the United States. “It’s about deciding what kind of country we’re going to be over the next four to eight years,”

Tobin said. “Whether we embrace a model of diversity and acceptance and unity or whether we embrace Donald Trump’s model of division, of racism, quite frankly.” In addition to knocking on doors in the local area, Tobin says University Democrats will be making an effort to get students to register to vote in Charlottesville, both because their votes could make a difference in a close race, and because they should be civically engaged in the place they spend the majority of the year. “They live in Charlottesville; they are part of the community now,” Tobin said. “I live in Charlottesville more than I live at home, and I’m sure it’s the same

for most U.Va. students, and you should have a voice in the local community of Charlottesville.” Ali Hiestand, Vice Chairman of Events for College Republicans, said some in her organization have misgivings about campaigning for Trump. “I don't want to speak for the entire organization, but I do think that many of us are genuinely worried about true conservative principles being confounded with the rhetoric of Donald Trump,” Hiestand said in an email statement. “I believe he says things that attract and have, in the past, mistakenly attracted people to the Republican message for xenophobic and prejudiced reasons.” There is a student organiza-

tion at the University, Students for Trump, for those who endorse the Republican nominee. Hiestand said College Republicans will continue to campaign for local candidates, including Barbara Comstock — the U.S. representative from Virginia’s 10th congressional district — and state Senator Tom Garrett, who is campaigning to replace outgoing Republican Representative Robert Hurt for Virginia’s 5th district. Hiestand said congressional and local elections are “ultimately where we see the biggest impact on the average citizen, despite the much greater excitement surrounding a presidential election.” Lucila Figueroa, a Postdoctoral Fellow in the Department

of Politics, said in an email statement that she has encouraged her students to take part in elections in the past, and will do so again this year. “[I offered] my students extra credit last year if they voted in the primaries,” Figueroa said. “Out of 17 students, only four voted even with added incentives!” Figueroa, whose class falls on election day this year, said she will excuse an absence that day for any student who votes, in addition to offering extra credit. “We'll see if the added excused class absence, or maybe just the general election itself, incentivizes more students to vote,” Figueroa added.

NEWS

The Cavalier Daily

U.Va. Strategic Investment Fund under question Chief Operating Officer Hogan responds to inquiries from former Rector Dragas and Virginia legislators Evan Henry, Daisy Xu Senior Writers

State legislators have joined former Rector Helen Dragas in questioning the process which led to the formation of the University’s $2 billion Strategic Investment Fund. Dragas left the Board of Visitors this July after two consecutive four-year terms. She was first appointed by former Virginia Gov. Tim Kaine in 2008 and then in 2011 became the first woman to hold the title of rector. In a Washington Post editorial written shortly after her last term ended, Dragas — who called the reserves a “slush fund” — accused administrators of making large transfers of cash prior to the Board of Visitors’ vote on the proposal. In response, the University’s Chief Operating Officer Patrick Hogan said the fund was created according to procedural rules. The fund is intended to finance the University’s Cornerstone Plan — an initiative approved in 2013 with an estimated cost of $600 million — to hire new faculty and improve research infrastructure, Hogan said. “There has been nothing that’s taken place in these funds, these various transactions, that hasn’t been authorized by the board,” Hogan said. However, Virginia State Senator Chap Petersen said he is concerned about the University’s standing as a non-profit organization, given the fact that it had accumulated a $2 billion surplus — an amount he says is “not normal.”

“The University is a non-profit,” Petersen said. “The money they collected from tuition fees and state support should match the service, and extra funding should be given back to lower the tuition. It does not make sense to have a $2 billion operating surplus while the tuition is higher.” Kevin Martingayle, Dragas’ attorney, said the issues of tuition price and funding allocation are best settled by experts. Martingayle also claimed the closed meetings leading up to the establishment of the fund do not reflect the University’s responsibility to make its dealings public under the Freedom of Information Act. “I think what we’re doing right now is we’re having a timeout,” Martingayle said. “We’re going to take a good, close look at the way the meetings are held, whether they are as public as they’re supposed to be, and then once we make sure we’re complying with the law then we can decide whether or not, on top of what the law requires, there’s a way to be even more open.” Hogan said although the Strategic Investment Fund did not receive its final name until a February 2016 board vote, planning for the funds had been underway since the previous November. Hogan said both the board and administrators took the initiative to shore up the University’s financial holdings, a process that included debt restructuring, revised spending distribution and studies that ultimately led to the establishment of the fund. According to Petersen, the Uni-

versity used its responsibilities under the 2005 Restructured Higher Education Financial and Administrative Operations Act as an excuse for accumulating a surplus of money. The Act gave public educational institutions limited financial autonomy, provided they fulfill certain goals, including attracting outside research funds and making technological breakthroughs with private sector applications. “The law was meant to allow more entrepreneurship and research-oriented projects in universities,” Petersen said. “But U.Va. has totally twisted it.” Responding to the inquiry over tuition hikes that have taken place in recent years, Hogan said the University strives for “affordable excellence,” a balance which is difficult to strike. “We have continued to invest in our AccessUVA program, and we believe that has been very true to our mission as a public university and our responsibility to maintain a very reasonable tuition level,” Hogan said. “[on the other hand] in order to keep the academic experience for our students, in order to attract top faculty and top researchers, we have to continue to invest in the University, and invest in our students and faculty.” According to Martingayle, the issue is fundamentally one of transparency, particularly given the University’s status as a public institution. “That is a good, healthy, self-examination discussion that ought to be had,” Martingayle said, referring to the issue of tuition costs. “The only question is, who ought to be having it? And I think the an-

swer is everybody. This is a public institution, which means we have an awful lot of people to answer to.” Hogan said he was disappointed with Dragas’ claims that the process lacked transparency, and said he welcomes questions regarding the fund.

“I have been in business for over forty years, and I will tell you that I absolutely believe in transparency and that I take my responsibilities as a chief operating officer for the University extremely seriously,” Hogan said.

Will Brumas| The Cavalier Daily

Hogan said he was disappointed by Dragas and others’ suspicions of the fund.

U.Va. professor charged with possession of child pornography Assoc. Prof. Walter Francis Korte, Jr. in custody Caity Seed Summer Editor

Courtesy Albemarle Police Department

Korte, who has been the director of film studies since 1970, is currently being held without bond.

Marshall Bronfin | The Cavalier Daily

The University Police Department charged Assoc. Prof. Walter Francis Korte, Jr on August 2 with two counts of possession of child pornography. The 72-year-old professor has been the drama department’s director of film studies since 1970. He teaches the popular class “Cinema as an Art Form” as well as “History of Film.” University Spokesperson Anthony de Bruyn said in an email statement that the University

has put Korte on administrative leave and is cooperating fully with the ongoing investigation. The investigation began July 29 and searches were conducted at both Korte’s home on Fosters Branch Road and his office at the University, according to a press release from the UPD. Korte was taken into custody on Aug. 2 and is currently being held at the Albemarle Charlottesville Regional Jail without bond. He was denied bond at a hearing held in the Albemarle County General District Court.

NEWS

Monday, August 8, 2016

Washington Post publishes account of sexual assault at U.Va. Account of alleged assault at Block Party highlights issue of defining consent, universities’ adjudicatory role Caity Seed Summer Editor

The Washington Post released an article on July 14 detailing an alleged sexual assault at the University in which the alleged victim claims she was blacked out at Block Party and sexually assaulted by a first-year student athlete. Then second-year College student Haley Lind alleges she was sexually assaulted at Block Party in Aug. 2015 by a male student who remains anonymous in the article. Both the alleged perpetrator and victim were drunk at the time — though the male student claims that he and Lind had consensual sex on the night in question. The Post described Lind’s account of her assault as “a sobering portrait of the real-world consequences of college party culture.” After the alleged assault was brought to the University’s attention, University investigators completed a formal investigation of the accusation. The University notified the Charlottesville Police Department of the allegation, and the CPD also

opened a case. University investigators Maureen Holland and Suzan Garson conducted more than 20 interviews and wrote a nearly 100-page report before the male student was eventually exonerated. Holland and Garson found Lind’s account of her memory loss “credible” but were “left to rely on” the male student’s account of the night, according to the Post. “Because [Lind] has no memory she is unable to offer any facts that support or refute others’ descriptions of the events,” Holland and Garson wrote in their report. Despite Lind being drunk, she could have still given consent, and there was no way for the male student to know if she was fully incapacitated, Holland and Garson said in the report. The issue at hand was whether affirmative consent could be given when both Lind and the male student were inebriated. Fifty-nine percent of individuals are unsure if a sexual assault has occurred if both involved parties are under the influence of alcohol or drugs, according to a Washington Post-Kaiser Fami-

ly Foundation poll. Lind’s legal counsel was unable to appeal her case after the male student was exonerated in May 2016. The CPD has also suspended its case.

Legal counsel for both the male student and Lind said they believed the University conducted a thorough investigation of the alleged assault, according to the Washington Post. Although

Lind’s counsel — James Marsh — added that he believed it would not have been difficult to prove Lind was sexually assaulted that night.

Marshall Bronfin| The Cavalier Daily

Legal counsel for both parties said they believed the University conducted a thorough investigation of the alleged assault.

Department of Education opens Title IX investigation at U.Va. University sexual assault policy under review by DOE’s Office for Civil Rights, triggered by student complaint Evan Henry Senior Writer

The Department of Education opened a new investigation on July 22 into the handling of sexual assault cases at the University. According to the DOE’s Office for Civil Rights, the investigation was triggered by a complaint filed by a male Uni-

versity student who alleges he was treated unfairly in a Title IX investigation. Title IX is a federal law prohibiting gender-based discrimination on the part of federally funded educational institutions. Allegations of sexual assault and harassment typically full under the jurisdiction of Title IX investigations. The male student who filed the complaint claims to have

been discriminated against on the basis of his gender and an unnamed disability. Neither the student’s name nor the details of the investigation leading to the complaint have been made public. OCR’s investigation process is aimed at both investigating facts in given case and determining whether or not Title IX policies were properly applied. A previous four-year investi-

gation into the University's Title IX enforcement system concluded last September and resulted in an overhaul of the University’s sexual assault complaint and investigation procedure. A DOE spokesperson said the new investigation covers facts not involved in the previous investigation. The University joins a list of 201 other institutions under investigation by the department

for alleged Title IX violations. “The University is aware that a former male student has filed a complaint with the Office for Civil Rights,” University spokesperson Anthony de Bruyn said in an email statement. “The University will cooperate fully with OCR and its review of this specific case.”

NEWS

The Cavalier Daily

Unanimous Supreme Court decision vacates McDonnell’s charges Former Virginia governor to face possible retrial for 11 counts of public corruption Hailey Ross Senior Writer

The U.S. Supreme Court vacated former Virginia Gov. Bob McDonnell’s 11 charges of public corruption on June 27, calling for a more narrow definition of what defines an “official act” under federal bribery law. Chief Justice John Roberts delivered the unanimous opinion of the Court, characterizing the Justice Department’s definition of an “official act” as too broad. In 2014, the McDonnells were convicted of having accepted more than $175,000 in gifts, loans and other benefits from Star Scientific executive Jonnie R. Williams Sr. in exchange for promoting a dietary product called Anatabloc. McDonnell was indicted on bribery and extortion charges and sentenced to two years in prison. McDonnell’s wife Maureen was convicted on nine charges of corruption and sentenced to one year and one day in jail. A trial judge later discarded one of her convictions — a charge of obstruction of justice. Williams testified with an immunity agreement that “he had given the gifts and loans to the McDonnells to obtain the Governor’s ‘help with the testing’ of Anatabloc at Virginia’s medical schools.” McDonnell admitted to setting up several meetings with Virginia schools, including the University of Virginia While in District Court, McDonnell requested the trial jury be instructed that “merely arranging a meeting, attending an event, hosting a reception, or making a speech are not, standing alone, official acts.” The District Court, however, declined to give that instruction to jurors. The jury was only instructed that an “official act” encompasses “acts that a public official customarily performs,” as well as acts “in furtherance of longer-term goals” or “in a series of steps to exercise influence or achieve an end.” The prosecution argued McDonnell had committed at least five “official acts,” including arranging meetings, hosting events and contacting other government officials to discuss Star Scientific’s product. Although McDonnell acknowledged he had accepted gifts from Williams, he also stated that he set up meetings with state officials “literally thousands of times” as governor. He did not expect his staff to do more than attend the meeting with Williams. During the trial, a University employee in the University Research Office testified that although she had never spoken with Mc-

Donnell about Anatabloc, she had written a pro/con list regarding the research studies. “The first ‘pro’ was the ‘[p]erception to Governor that UVA would like to work with local companies,’ and the first ‘con’ was the ‘[p]olitical pressure from Governor and impact on future UVA requests from the Governor,” according to the opinion. Following his conviction, McDonnell appealed to the threejudge panel of the Fourth U.S. Circuit Court of Appeals, which upheld his conviction in July 2015. The U.S. Supreme Court later granted review of the case to clarify the meaning of an “official act” and heard his case April 27. In its opinion, the Court moved to adopt a more limited interpretation of an “official act.” “Setting up a meeting, calling another public official or hosting an event does not, standing alone, qualify as an ‘official act,’” Roberts wrote. The opinion also stated that the Justice Department’s broad interpretation would raise “significant constitutional concerns” as well as concerns regarding federalism and due process. The Court found that so long as a public official does not intend to exert pressure on another official or provide advice, simply expressing support for the research study at a meeting, event or call does not qualify as a decision or action on the study. However, Roberts also specified in the opinion that sometimes setting up a meeting, hosting an event or making a phone call is not always an innocent act. In some cases “a jury could conclude, for example, that the official was attempting to pressure or advise another official on a pending matter, and if the official agreed to exert that pressure or give advice in exchange for a thing of value, that would be illegal,” Roberts wrote. The Supreme Court found the errors in the instruction given to jury members were not harmless beyond a reasonable doubt, and for that reason chose to vacate McDonnell’s convictions. “The jury may have convicted Governor McDonnell for conduct that is not unlawful,” the opinion stated. University Law Prof. John Jeffries said he believes the Supreme Court set a good boundary for determining what constitutes bribery. “The Supreme Court has done the nation a good turn by constraining federal bribery law within bounds,” Jeffries said in an email statement. “As construed by lower courts, any act done by a public official in return for a campaign con-

tribution would be a crime.” Jeffries pointed out that the Court upheld the principle that the law must be clearly stated before an individual can be sent to jail. “[However], what it did not do was to approve the conduct of Governor McDonnell, which the Chief Justice called ‘tawdry,’” Jeffries said. In the opinion, Roberts said the Court’s concern “is not with tawdry tales of Ferraris, Rolexes and ball gowns” and “is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute.” House Speaker William J. Howell released a statement praising the strength of the American legal system as something measured by the innocence it preserves rather than the guilty convictions it levies. “Above all, [McDonnell’s] belief in the justice system persevered,” Howell said. “That belief, and Bob McDonnell, were vindicated today.” McDonnell also released a statement thanking his legal team and supporters for standing with him for more than three years of legal proceedings. “From the outset, I strongly asserted my innocence before God and under the law,” McDonnell said. “I have not and would not, betray the sacred trust the people of Virginia bestowed upon me during 22 years in elected office.” Virginia Gov. Terry McAuliffe also released a statement about the Supreme Court’s decision Monday. “The Governor made mistakes and has apologized, but the Supreme Court has ruled unanimously that his trial should not have resulted in a criminal conviction,” McAuliffe said. McDonnell could still be prosecuted in a lower court should the federal government believe it has enough additional evidence to pursue a retrial. University Law Prof. Richard Bonnie said the manner in which the new definition of an “official act” will be applied in the future depends on further actions by the lower courts. “What the [circuit court] needs to do now is read what the Supreme Court has said and to determine whether the evidence that the prosecution introduced against Gov. McDonnell was sufficient — if it was believed by the jury to prove an official act — under the Supreme Court’s definition,” Bonnie said. Bonnie said if the federal government decides to prosecute McDonnell again, it won’t be until 2017.

JAN 21

A grand jury returns a 14-count public corruption indictment against the Bob and Maureen McDonnell

JAN 24

The McDonnells appear in court for the first time — both enter a plea of not guilty

MAY 20

U.S. District Judge James Spencer rejects McDonnell’s motion to dismiss the charges and be tried separately from his wife Maureen

2014

JULY 28

Jury trial begins

SEPT 2

Jury begins deliberation

2014

SEPT 4 2014

McDonnell is found guilty of 11 charges of public corruption, his wife Maureen McDonnell is found guilty of nine charges of public corruption

JAN 6

McDonnell is sentenced to two years in prison by U.S. District Judge James Spencer

FEB 20

Maureen McDonnell is sentenced to a year and a day in federal prison

JULY 10

The Fourth U.S. Circuit Court of Appeals upholds McDonnell’s conviction

APRIL 27

After granting a review, the U.S Supreme Court hears McDonnell’s case

JUNE 27

A unanimous Supreme Court decision vacates McDonnell’s 11 charges of public corruption

2015

2016

Danielle Dacanay| The Cavalier Daily

NEWS

Monday, August 8, 2016

Former U.Va. law student files lawsuit against DOE Complaint claims sexual assault directive violates due process rights Evan Henry Senior Writer

A former University Law student filed a federal lawsuit on June 16 against the Department of Education and the Department of Education’s Office for Civil Rights challenging a directive which changed the way colleges handle allegations of sexual assault. In Aug. 2013, the plaintiff in the lawsuit was found responsible for sexual misconduct while attending the Law School. The arbiter of the case, a retired judge, said her ruling hinged largely on the evidentiary standard imposed by the OCR’s 2011 “Dear Colleague” Letter, according to the complaint. The complaint also alleges that the letter illegally bypassed the judicial review and public commentary process mandated by the Administrative Procedures Act. The plaintiff is requesting that the court enter an order to vacate the

OCR’s letter, allowing schools greater leeway in formulating their own processes for responding to sexual assault cases. The plaintiff is also requesting that the court award him “reasonable costs and expenses” including legal fees and provide “further and additional relief as this Court may deem just and proper.” The 2011 directive in question required colleges and universities to apply “preponderance of the evidence” as the standard for disciplinary rulings in Title IX cases. Prior to 2011, many colleges — among them the University —used “clear and convincing evidence” as the standard of proof for determining sanctions. Susan Kruth, a senior program officer at the Foundation for Individual Rights in Education, or FIRE, said the change to a lower standard of proof removed an important protection for accused students in campus litigation. “Ordinarily the preponderance of the evidence standard is used in civil litigation, but it’s important to keep

in mind that in civil courts there are lots of other safeguards put in place,” Kruth said. “You can cross-examine your accuser, and you have a lawyer with you who can actively participate. There are rules of evidence, and all these things contribute to a fair and impartial hearing, and they just don’t exist in a lot of campus hearings.” FIRE is usually involved in free speech disputes on college campuses. This lawsuit is the first of which FIRE is sponsoring regarding sexual assault allegations and policies, Kruth said. The results of the lawsuit could have far-reaching ramifications for students’ due process rights. “At a lot of schools, especially schools that might not have the resources to have a lot of procedural safeguards in place, a higher standard of proof can be the only protection a student has,” Kruth said. The plaintiff’s attorney Justin Dillon said the letter is part of a recent pattern of colleges infringing on the individual liberties of students.

“I think as a practical matter the Office for Civil Rights in this administration has been far more biased in favor of accusers than the accused, and I think the Dear Colleague letter is a really good example of that,” Dillon said. The complaint itself challenges the legality of the evidentiary standard only on procedural grounds. “That may indeed be good policy,

but it is very bad process, and it’s not allowed by the law,” Dillon said. If the letter is vacated, the OCR would have the option to submit the proposal again through the established notice and comment procedure, a process Dillon says “would take some time.” Dillon says he expects the DOE to formally respond to the lawsuit in fall 2016.

Scott Miles | The Cavalier Daily

The plaintiff’s counsel claims colleges have favored the rights of accusers over those accused in sexual assault allegations.

Defamation suit against Rolling Stone dismissed University alumni did not prove “A Rape on Campus” was “of and concerning” them, judge rules Tim Dodson News Editor

Three University alumni who filed a defamation lawsuit against Rolling Stone magazine over the now-retracted article “A Rape on Campus” had their case dismissed by a federal judge in New York Tuesday. George Elias IV, Stephen Hadford and Ross Fowler — who were members of the Phi Kappa Psi fraternity and graduated from the University in 2013 — filed defamation claims in July 2015 against Rolling Stone, writer Sabrina Rubin Erdely

and Wenner Media in the U.S. District Court for the Southern District of New York. Judge P. Kevin Castel ruled none of the plaintiffs could state a claim for defamation because they could not prove the details in the article were “of and concerning” them. This ruling follows a motion by the defense to dismiss the lawsuit. The plaintiffs argued details in the article — which depicted an alleged gang rape of “Jackie” by members of the fraternity in September 2012 — could lead people that knew them “to erroneously infer” that they participated in the alleged rape. Following the article’s publica-

Marshall Bronfin| The Cavalier Daily

Plaintiffs George Elias IV, Stephen Hadford and Ross Fowler are members of the Phi Kappa Psi fraternity and graduated in 2013.

tion, a Charlottesville Police Department investigation did not find any evidence to support Jackie’s account as described in the article. The plaintiffs argued the article defamed Elias because it described the alleged gang rape as occurring in a second-floor bedroom of the Phi Kappa Psi house. Elias said his room was the only one accessible, as it was the only second-floor bedroom not located behind an electronic keypad lock. People who knew Elias may have concluded the alleged rape occurred in his bedroom, the plaintiffs said. Castel, however, said the reference to a bedroom was not enough information to refer or allude specifically to Elias. “The article contains no details that plausibly distinguishes Elias's bedroom from the several others on the second floor, even to those who knew extrinsic facts about the layout of the fraternity house,” Castel said. The basis for Fowler’s defamation claim is that quotes during the alleged rape, such as, “We all had to do it, so you do, too,” could lead a reader of the article to reasonably believe rape was part of the initiation process for the fraternity. Fowler was also the fraternity’s rush chair in the 2010-11 academic year and was involved in the rush process the following year. Reason-

able readers, the plaintiffs argued, would conclude Fowler was involved in several rapes if they had been led to believe that such an initiation practice existed. In the ruling, Castel said the plaintiffs “read far too much into the words of the article” and, in the context of the article, Castel argued it would not be reasonable to suggest rape was an initiation for membership in Phi Kappa Psi because if that was the case a large number of victims and attackers would have likely been the focus of the article instead of Jackie’s one account. The article also detailed how Jackie claimed to have seen one of her attackers ride by her on a bike on Grounds prior to a conversation with Dean Nicole Eramo, which plaintiffs argued would have been “of and concerning” Hadford given that he often rode his bike. “Friends, family, and acquaintances of Hadford would have made the connection that Hadford must have been the person who Jackie saw riding his bike on campus,” the plaintiffs said. Castel said the details in the article were not specific enough to lead a reader to identify Hadford. “There is no basis from which Hadford could be distinguished from any other adult male riding his bike on the U.Va. campus,” Castel

said. Among the other points raised in the ruling, Castel said quotes from an interview Slate conducted with Erdely are an expression of the writer’s opinions, which receive full protection under New York law. The ruling also acknowledged that the plaintiffs believed the Slate interview and the Rolling Stone article “gave readers the false impression that gang rape was an initiation ritual required of all Phi Kappa Psi members, thereby making the statements ‘of and concerning’ the individual plaintiffs and all other then-members of U.Va.’s Phi Kappa Psi chapter.” This “small-group libel” claim did not hold up in Castel’s ruling because Erdely’s comments in the interview were found to be non-actionable opinions and the details in the article — such as a description of the attackers as recent graduates — did not apply to all 31 members of Phi Kappa Psi who graduated in 2013 and 2014. Neither side’s lawyers could be immediately reached for comment Tuesday night. Im cutting from arty for moment: but Reuters reported counsel for the plaintiffs said the alumni are considering what steps — if any — they may take next, including whether to appeal Castel’s decision.

NEWS

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Court strikes down McAuliffe’s executive order Virginia Supreme Court declares re-enfranchisement order is an unconstitutional “suspension of law” Evan Henry Senior Writer

In a 4-3 ruling on July 22 the Supreme Court of Virginia struck down Governor Terry McAuliffe’s previous executive orders re-enfranchising felons en masse. According to the court, re-enfranchisement of a class of people, rather than of particular individuals, does not fall under the clemency powers of the governor set

Marshall Bronfin| The Cavalier Daily

McAuliffe first issued the order in April 2016.

forth in Article V of the Virginia constitution. Article II of the constitution, which the court’s majority placed at the center of its ruling, provides that “no person who has been convicted of a felony shall be qualified to vote,” with the exception of those whose “civil rights have been restored by the governor.” “Governor McAuliffe’s Executive Order has rewritten the provision to invert the rule and the exception,” reads the opinion written by Chief Justice Donald Lemons. “Under his order, no person who has been convicted of a felony shall be disqualified to vote unless the felon is incarcerated or serving a sentence of supervised release.” In response, McAuliffe stated that he plans to restore voting rights individually to thousands of felons who have completed their sentences. University Law Prof. A. E. Dick Howard, the primary drafter of the state’s current constitution, advised the governor about his legal authority prior to the first order being issued. Howard also said he submitted an amicus brief to the Supreme Court — together with several other legal experts — in support of the governor’s authority. Justices William Mims and Cleo Powell wrote a pair of dissenting opinions, disagreeing with the majority both on whether the

petitioners had standing to bring the case and over the constitutionality of the governor’s actions. In the majority opinion, Lemons stressed that the role of the judiciary is to determine the legality of actions, and not to pass judgment on the political issues underlying them. “Although the Governor is entitled to champion his views, he cannot do so in contravention of law,” Lemons wrote. “Governor Kaine had no less of an objection.” Lemons’ ruling notes that McAuliffe’s orders restored rights to felons “without regard for the nature of the crimes or any other individual circumstances,” a fact he claims makes the action an unconstitutional “suspension” of law, rather than a grant of clemency. House of Delegates Speaker Bill Howell, one of the petitioners, also said re-enfranchising felons as a class without consideration of their crimes is a breach of authority. “Was this fella convicted of a felony for embezzling $800, which he’s since repaid?” Howell said. “Or is this guy guilty of a triple homicide? That’s the whole problem with doing it en masse. 206,000 people at once — you don’t know who you’re giving it to.” However, Howard and Sam Coleman, Assistant Communications Director for the governor’s office, both said the particular

crimes involved have no bearing on the governor’s constitutional authority. “The governor has worked hard to open up democracy for everyone, so the distinction between violent and non-violent wasn’t really the concern,” Coleman said. “It was whether or not you’ve completed your debt to society.” Howard said the constitution imposes no duty on the governor to provide a rationale for his decision to restore civil rights. “He is obliged to report annually to the general assembly the reasons he’s assigned in granting a pardon commuting capital punishment or remitting a fine or penalty,” Howard said, “but interestingly enough, that same provision of the constitution imposes no reporting obligation on a governor when he restores political rights.” Although some have accused McAuliffe of using felon re-enfranchisement to tip the state’s electoral balance in the favor of Democrats, Howell says it is not a political issue. “This isn’t about politics,” Howell said. “This isn’t about the 2016 election. It’s about the Constitution of Virginia, the rule of law, the separation of powers and the majority of the court held that the governor clearly overreached when he basically amended the constitution by executive action.” Geoffrey Skelley, associate ed-

itor of Sabato’s Crystal Ball, acknowledged the accusations of political motivations on McAuliffe’s part, but said that the state’s previous Governor Bob McDonnell, a Republican, also used his executive authority to restore rights to some felons. Based on a demographic analysis and an estimate of likely turnout, the Crystal Ball staff determined that successful re-enfranchisement of released Virginia felons could result in a net gain of around 28,000 votes for the 2016 Democratic presidential ticket. “But it is important to remember that the margin in Virginia in 2012 was around 150,000 votes,” Skelley said. “It’s unlikely that this is going to be some move that would be decisive in deciding the election in Virginia.” Residents of Virginia who wish to vote in November must be registered by Oct. 17. Coleman said McAuliffe intends to meet that deadline. “We’re going to do everything in our power, first and foremost, to reach out to those people who worked so hard to get back into the democratic process and had that ripped out by politics,” Coleman said. “And the governor has said on many occasions if he has to pull out the Autopen to get it done, we’ll get it done.”

Charlottesville Police Department installs body cameras Police say body cameras help maintain officers’ professionalism Daisy Xu Senior Writer

The Charlottesville Police Department has begun to use body cameras with several of its officers, and will continue to make efforts to expand their use. Neighborhood Services Bureau Commander Stephen Upman said many police departments throughout the country are moving to install body cameras in order to document police interactions with the public. “[Body cameras] give us the ability to conduct reviews when necessary,” Upman said. “They give us an additional means of documentation.” Upman said the total expense to install body cameras for the Charlottesville police department is around $435,000, which includes the cost of all the IT equipment, the clouds, cameras themselves and the equipment for downloading videos that officers capture. Currently, there are five cameras

deployed by control officers, and the commander in charge of the body camera program was recently sent to a conference which offered updates on case law, equipment and best practices of body cameras. The landscape of the equipment is changing and taking a slow and methodical approach is to ensure everything functions correctly, Upman said. “We want to make sure we are in line with best practices and all of our infrastructures are operating correctly before we do a full deployment,” Upman said. The body-worn camera program is currently on hold at the Albemarle County Police Department due to a lack of sufficient funding. Public Information Officer Madeline Curott said in an email statement that the cost to outfit each sworn officer with the camera is around $100,000, not including other expenses for the full implement of the program. “We are exploring grant opportu-

nities to introduce a smaller amount of cameras to selected operational personnel — possibly beginning with our traffic unit and school resource officers,” Curott said. Several local police departments in Virginia have already deployed body cameras, even though the expenses were high. The University Police Department outfitted every officer with body cameras in Sept. of 2015, and the extensive process to identify, select and purchase the equipment started in the spring of 2014. Community Service and Crime Prevention Coordinator Benjamin Rexrode said in an email statement that the motive to install body cameras was neither a result of any incident nor the intention to become the first in the local area to use them. The technology will be used to keep up police officers’ professionalism and accountability. “We have roughly 150 body-worn cameras currently deployed throughout the department between police

and security,” Rexrode said. “Officers are required to activate their cameras when responding to calls for service and during all law enforcement related encounters and activities while on duty, with very limited exceptions.” Rexrode also said deploying body cameras will provide a more accurate record of events to help resolve officer-involved incidents and complaints, strengthen officer performance by using the video for officer training and monitoring as well as reveal those who engage in misconduct. With sufficient funding, the University Police Department has purchased body cameras, and officers are also able to store all the videos that officers capture, Rexrode said. The nearby Greene County Sheriff’s Office has also implemented body cameras. Sheriff Steven Smith said cameras have been deployed for about two years, and were funded through the Capital Improvement Plan from the city. Smith believes body cameras

help between the police and the community. “We know it cuts down complaints on the deputies,” Smith said. “It helps us to know deputies are doing what they are supposed to do when they are out on the roads working.” Smith said about 26 body cameras are currently deployed, and when officers receive calls for services, they are required to turn on the cameras. “It [also] helps the other way around,” Smith said. “When citizens know they are on camera, they seemed to act a little better than they would do otherwise.” Smith added that the body-worn camera program had been a tremendous success, as the office rarely received complaints about misbehaviors of deputies. The Charlottesville Police Department is currently finalizing policies on when and how often body cameras would be on, Upman said.

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Monday, August 8, 2016

U.Va. hosts Cornerstone Summer Institute Program lets high school students explore the history of slavery and contemporary racial relations Evan Henry Senior Writer

The University hosted the Cornerstone Summer Institute in late June — a new student-led program for high school students which explores slavery and contemporary racial disparities through its connection to Thomas Jefferson and central Virginia. Participating students visited Monticello, Montpelier, the Jefferson School African American Heritage Center and the University in order to learn about slavery in antebellum Virginia. Assistant Dean and Associate Prof. Kirt von Daacke — who specializes in early American history — led the program, which was largely developed by

Batten graduate student Alison Jawetz. von Daacke said he hopes the glimpse into the racial history of Charlottesville and the surrounding area will provide students with a deeper understanding of modern issues. “You cannot understand the more recent past — Jim Crow, segregation, white supremacist movements, even to the present day in terms of modern inequality, without understanding this history,” von Daacke said. “That’s not to say that slavery explains modern inequality, but they’re linked in very important ways.” Curry Prof. Joanna Williams, who was involved in training counselors for the Institute, said this focus on current issues was at the core of Jawetz's vision.

"I loved that this wasn’t history camp, it wasn’t just about learning academic information," Williams said. "It was really like picking up a critical perspective and bringing it into present-day tough intractable issues." At Monticello, students took a guided tour of the estate, which focused on the history of the Hemmings family. More than 80 members of the Hemmings family were enslaved at Jefferson’s home during his lifetime. Sally Hemmings, one female slave, is widely believed to have had several children by Jefferson. Brandon Dillard, a staff member in Monticello’s Education and Visitor Programsw Department, said he hopes students leave with an appreci-

Courtesy Wikimedia Commons

Courtesy The University of Virginia

Participating students visited several sites, including Monticello, the Albert and Shirley Small Special Collections Library and Montpelier.

ation of the nature of historical inquiry. “History itself is not a static idea but something that is about looking at different times through different lenses and asking questions,” Dillard said. “I’d say the students that came brought their questions, and those questions were exceptionally insightful.” Montpelier, James Madison’s estate in Orange County, was the site of a hands-on archeological exercise for the students. The visit to Montpelier also provided students with a look at the Gilmore cabin — a home near the property which was purchased by an emancipated slave in the 1860s. At the University, students took a tour of Grounds and visited the Albert and Shirley Small Special Collections Library to examine archival documents. “The three pillars of the program are archival study, archeology — because archeology is deeply important to understanding the past — and community engagement,” von Daacke said. The Institute came about, according to von Daacke, as a result of community interest in expanding knowledge of the local history of slavery, as well as through the efforts of Jawetz, who was inspired by a class taught by University Profs. Frank Dukes and Phyllis Leffler. Students learned that the everyday reality of slavery was reflected even in the architecture of the University, von Daacke said. “We know there were walls between the ranges and the

pavilions that were about eight feet tall,” von Daacke said. “They were intended to mask sound and conceal the facts of slavery. Most of those gardens were workyards. Where the cars park now behind the pavilions, that was all walled off. It would have been loud; slaves would have been butchering hogs, doing laundry, smoking meat.” The history of slavery in Virginia and at the University is a crucial part of America’s past which shouldn’t be overlooked, von Daacke said. “This is an opportunity to look at the buildings again, look at the spaces again, look at the materials and learn,” von Daacke said. “So telling these unpleasant truths and stories about U.Va., about Charlottesville, about Albemarle’s and America’s past is not about bashing them. It’s about saying, we can use them as an opportunity to learn and grow, and this is exactly what Jefferson would have wanted. Even if he couldn’t have imagined us having women and nonwhite students coming here and talking about slavery.” Students concluded the program by completing individual projects. von Daacke said this is the first year the Institute was implemented and he hopes to spread the word to a greater number of high school students and guidance counselors next year. “Some of these kids are gonna come back and go to U.Va., and when they get here they're going to know the story,” von Daacke said.

Courtesy Wikimedia Commons

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U.Va. becomes a hot spot for “Pokemon Go” players Dozens participate in “Luring of the Lawn” event was also on the Lawn, but didn’t realize she was there for an organized “Luring of the Lawn.” “I noticed there were a bunch of lures on,” Chollock said with a laugh. “But that’s been the case a lot of evenings. It’s just kind of fun to see everyone out.” Chollock said she thinks the warm weather has made it enjoyable to get outside and play the game. “I usually have some game I’m playing and obviously this is the one at the moment,” Chollock said. “It’s good timing — it’s summer time — I don’t know what this would have been like if [the app] had dropped in the winter.” Like most people visiting the Lawn, Chollock has been taking advantage of the Pokestops, which are usually placed near historic landmarks, works of art, public buildings and places of worship. “I was visiting my family this weekend in rural Pennsylvania and there’s some Pokemon but … the [Poke]stops are few and far between

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so you run out of balls and it’s harder to play there,” Chollock said. The University area is home to over 30 Pokestops, offering Pokemon trainers plenty of chances to stock up on Pokeballs and “catch em’ all.” University officials have also taken notice of the trend. On July 21, Virginia Athletics will be opening Scott Stadium up to the public from 6p.m. until 8p.m. for “Pokemon Go” players to explore the stadium and catch Pokemon. “Many Pokémon currently inhabit Scott Stadium as fans will have access to all seating areas, concourses and the playing field,” a release said. “Please note that fans will not have access to the suite level or Bryant Hall.” For trainers on Grounds, this may only be just the beginning. “Once the actual semester starts, we kind of want to take it up a notch,” Armell said. “People have already started talking about a Pokemon Go-type [of] CIO.”

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PokeStops On-Grounds • Rotunda • Thomas Jefferson Statue • McIntire Amphitheater • Halsey Hall Anchors • Frank Hume Memorial and Fountain • Kings of Freedom • Special Collections Library • Newcomb Hall Post Office • The Dell • Frederic William Scott Statue • AFC Plaque • Carl Smith Center • Scott Stadium • Confederate Statue • U.Va. Student Garden • Robert Kellogg Memorial Plaque • Student Activities Building • Laundry Mural compiled by Tim Dodson

students brought music and lights to create a festive vibe, Armell said. During the second luring, one student was walking around passing out colorful freeze pops . Third-year College student Christopher Samuel and two of his friends were walking around the south end of the Lawn during the recent luring. “I got an invite from my friend to come through to the Luring of the Lawn and I’m trying to be a Pokemon master so I’m going to come catch all these pokemon,” Samuel said. Samuel — whose favorite Pokemon is a Jolteon he named “Static Shock” — had some advice to share for Pokemon trainers in search of Pokemon on Grounds. “The Lawn’s only good for Charmanders,” Samuel said. “If you go [near the Aquatic and Fitness Center] you’ll find every single fighting [type] Pokemon.” University alumna and Charlottesville resident Ronda Chollock

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The University has become a hotspot for people in search of Pokemon following the recent release of “Pokemon Go.” “It’s kind of amazing how this brings many people together,” said rising fourth-year Engineering student Duane Armell. The popular app developed by Niantic was released July 6 and is now “the biggest mobile game in U.S. history,” according to an analysis of peak daily active users by Survey Monkey. Players use a map and GPS in the app to find and capture “wild” Pokemon and also locate gyms and Pokestops, where they battle other players’ Pokemon and can find pokeballs essential for catching more Pokemon, respectively. Armell created a Facebook group July 11 entitled “Pokemon Go: The Official UVA/Charlottesville Page”

and a little over a week later, the group already has over 500 members. Around 10:30pm July 18, dozens of people could be seen roaming the Lawn in search of Pokemon. “I caught a Pidgey!” someone shouted. “There’s a Charmander over here!” Participants were taking part in a second “Luring of the Lawn,” in which Armell and other students placed “lures” on nearby Pokestops to attract more Pokemon to the area. “There are probably locals running around here and not just U.Va. students,” Armell said while looking out at the Lawn from the steps of Old Cabell Hall. “People get very enthusiastic about this even though there’s only been two [organized] events.” Armell said the Facebook group is intended to connect University students and Charlottesville community members, and has been well-received. At the first “Luring of the Lawn,”

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Monday, August 8, 2016

U.Va. alumnus Humayun Khan becomes center of political debate Father Khizr Khan speaks about son at Democratic National Convention Evan Henry Senior Writer

The family of Humayun Khan, a College graduate and member

of the University’s Army ROTC program, has been at the center of political debate this summer after appearing on-stage at the Democratic National Convention in Philadelphia.

Courtesy The University of Virginia

Humayun Khan graduated from the University in 2000 and joined the Army shortly after.

The late army captain’s father, Khizr Khan, addressed Republican presidential nominee Donald Trump’s position on immigration and his statements about Muslims, saying that under a Trump presidency they and their son would not have been allowed into the country. “Like many immigrants, we came to this country empty-handed,” Khan said at the convention. “We believed in American democracy — that with hard work and the goodness of this country, we could share in and contribute to its blessings.” On Trump, “you have sacrificed nothing, and no one,” he added. Humayan Khan, a psychology major, emigrated from the United Arab Emirates with his family as a toddler. He joined the Army after graduating in 2000 to fund his planned career as a military attorney and advocate for American veterans. He died while serving in Iraq in 2004. Trump countered Khan’s speech in an ABC interview on Sunday, saying he has made sacrifices for the United States in the form of hard work and success in business.

He also questioned why Ghazala Khan, the soldier’s mother, stood silently next to her husband while he spoke. “Maybe she wasn't allowed to have anything to say,” Trump said. In an op-ed published in The Washington Post, the bereaved mother responded to Trump’s statements, saying, “If he studied the real Islam and Koran, all the ideas he gets from terrorists would change, because terrorism is a different religion.” Ghazala Khan recalled her son’s kindness and generosity, including the time he spent volunteering to teach disabled children to swim. “[Humayun] loved America, where we moved when he was two years old,” she wrote. “He had volunteered to help his country, signing up for the ROTC at the University of Virginia. This was before the attack of Sept. 11, 2001. He didn’t have to do this, but he wanted to.” The Army ROTC program at the University paid tribute to Khan shortly after his death, and the University continues to recognize outstanding ROTC students with the Captain Humayun S. Khan Scholar-Soldier-States-

man Award. “Every year, at our Joint ROTC Commissioning Ceremony, we read the story of Capt. Khan’s life and sacrifice,” University President Teresa Sullivan said in a public statement. “I was surprised and pleased by [his parents’] appearance [Thursday] night, and I have been gratified by wider recognition of Captain Khan’s life since then.” Student Council also submitted a resolution to administrators on August 3 requesting that Khan's name be included on a commemorative plaque at the Rotunda. Student Council Chair Brett Curtis said they are also seeking recognition of other alumni who have given their lives in the military since the Vietnam War. "There have been ceremonies and these students have been honored, but with the reopening of the Rotunda this fall, we hope this will go further," Curtis said. Student body representatives have already begun to discuss details of the resolution with University administrators. "I encourage the student body to assist in this push," Curtis added.

Second Year President steps down for fall semester SYC Vice President Floyd Black to assume presidency Tim Dodson News Editor

Second Year Council President Ahmad Shawwal will be stepping down from his position for the upcoming fall semester. Citing personal circumstances, Shawwal said he will be taking the semester off from the University and SYC Vice President Floyd Black will assume the presidency in Shawwal’s absence, pending a vote by members of the council. “Floyd and I have been discussing what things will look like in the fall in my absence,” Shawwal said in an interview with The Cavalier Daily. Shawwal announced his decision July 24 in an email to the Class of 2019. “During these past few weeks, I have encountered some personal and family circumstances that have affected me greatly,” Shawwal wrote. “During this period, I was reminded that great leader-

ship starts with looking after one’s own health and wellbeing, so that you can be there for others. I have reflected on what would be best for my wellbeing, and after speaking with advisors, I have decided to take the fall semester off from U.Va.” Shawwal, a second-year Engineering student, previously served as president of the First Year Council and was elected Second Year Council president in February after competing in one of the most contested elections of the spring. Shawwal pointed to Article V, Section 5 of the SYC constitution, which stipulates that “if the president is deemed incapable of fulfilling the duties of the office of the president by a two-thirds vote of the council body, the executive vice president shall assume the title and duties of the president.” The newly confirmed president will then nominate a member of the Second Year Council to serve as the new vice president who will

then need to be confirmed by a two-thirds vote. Shawwal said they are focused on making sure his absence has a minimal impact on the council’s operations and he expects Black will have a successful transition. “He’s a great guy, he’s a great leader, probably one of the most humble people I’ve met on Grounds,” Shawwal said. “He’s going to do well in the fall.” Black said he is preparing to step into the new position and is confident that it will be a smooth transition. “I’m taking it seriously,” Black said. “We’re going to have a good year.” In terms of goals, Black said he wants to work on bringing students together and creating inclusive SYC-sponsored events. “It can be hard to attract people to events, especially during second year because we’re not all in dorms, everybody is everywhere,” Black said. “We’re basically trying to reach as many people

as we can, especially the underrepresented groups who usually don’t go to these events.” Shawwal also noted increasing diversity on SYC has been a common goal between him and Black. “We have the same idea, the same vision for what council should do and how we should execute those things,” Shawwal said. They have been successful in attracting a diverse group of students to the 63-member organization, Shawwal said. “If you look at our Second Year Council, we have so many different countries represented, we have people from all across the world,” Shawwal said. “Their expertise and vision brings a lot to [the] council.” Shawwal also said he hopes to see more of a focus on creating a sense of community for transfer students to the University. Black will nominate his vice president at a future date. What the leadership structure of the SYC will look like upon

Shawwal’s return in the spring semester of 2017 is yet to be determined.

Courtesy The University of Virginia

Shawwal was elected SYC president in February.

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J. Cole headlines Welcome Week concert Hip hop artist to play at John Paul Jones Arena Aug. 20 Daisy Xu Senior Writer

Courtesy Wikimedia Commons

J. Cole previously headlined the University’s Springfest concert in 2011.

Jermaine Lamarr Cole — better known by his stage name J. Cole — is performing at the John Paul Jones Arena on Aug. 20. J. Cole will headline the Welcome Week concert presented by University Programs Council and concert promoter Outback Concerts. Fourth-year College student and UPC Chair Erica Joy Oliverio said it will be a thrill to feature J. Cole. “J. Cole is the biggest artist we have brought to U.Va. in recent memory, [and he] is consistently ranked as one of the hottest hip hop artists,” Oliverio said in an email statement. The name of J.Cole’s third and most recent album, “2014 Forest Hills Drive”, is partially about Cole’s experience in his childhood home in Fayetteville, N.C. “It is a meditation on the value of love relative to worldly success ...The narrative is a tale of Cole's and also serves as a se-

ries of metaphors that complete a story of passion, growth and ultimately reflection,” reads the press release from JPJ. J. Cole made a debut in 2007 with his mixtape “The Come Up” and signed to record label Roc Nation. All three of his studio albums have reached number one on the U.S. Billboard 200 Chart. PKG — a concert committee under UPC — focuses on bringing live music to University students. PKG Director and third-year College student Henry Booth said in an email statement that J.Cole’s music offers a different narrative from club rap about “money, women and swagger” — which was popular in the mid-2000s. “It’s now 2016, and the style of conscious rap based around clever lyricism, insightful [and] personal reflection, speaking out against social injustice and albums as means of telling a full story has made a resurgence,” Booth said. “J. Cole's ‘2014 Forest Hills Drive’ is an exemplary example of this.” J.Cole will be joined in Aug.

by Bas and Cozz — artists from Dreamville Records, which Cole himself founded. “The significance of J. Cole coming to U.Va. is the opportunity to see an artist that is spearheading a movement reminiscent of the Golden Age of hip-hop,” Booth said. “It's an exciting time in the rap industry were 'aware' rappers such as Cole and Kendrick [Lamar] are able to have the same chart topping success as the likes of Future, Rae Sremmurd, Travis Scott and other party rap boys.” Tickets for the upcoming concert have been available since Monday and can be purchased through Ticketmaster. com, the arena box office or by calling 1-888-JPJ-TIXS. “[A] fun fact [is] this is a welcome back concert not just for students but for J. Cole as well; UPC actually brought J. Cole to UVA in 2011 to headline our annual Springfest concert,” Oliverio said. Other events featured during the University’s Welcome Week include the traditional Rotunda Sing and Tom DeLuca’s annual hypnotism show.

U.Va. maintains affirmative action policy Supreme Court decision defends the use of race as a factor in college admissions Daisy Xu Senior Writer

University President Teresa A. Sullivan distributed a message to the University community on June 23 stating that the University would continue to use affirmative action in its selection process in accordance with a recent Supreme Court ruling. The decision, Fisher v. University of Texas, defended universities’ right to use race as an admissions factor in order to promote a diverse student population. In a 4-to-3 ruling on June 23, j ustices in the majority opinion claimed courts must grant universities a substantial amount of leverage in designing their admissions programs. University Law Prof. Kim Forde-Mazrui said the Supreme Court applied strict scrutiny, involving a demanding test, to determine whether affirmative action is legal. Two conditions are involved in assessing the legality of considering race and ethnicity in admissions: a university must have a compelling reason to use race as a factor, and

the use of race must be necessary to achieve that goal. The Supreme Court has in prior cases decided that diversity in a college setting is a compelling goal, Forde-Mazrui said. “The educational benefits for the student include a diversity of ideas and viewpoints that enhance learning, and they also include benefits of a racial kind, namely, fostering cross-racial understanding,” Forde-Mazrui said. “The Court has also recognized benefits after students graduate, which include improving the functioning of institutions in society, such as corporations, legislatures and the military. Promoting racial diversity at institutions like state universities creates a sense of legitimacy and openness, Forde-Mazrui said. The recent case has been ongoing for eight years, and the Supreme Court’s decision in June to uphold affirmative action was surprising in consideration of Justice Kennedy’s prior opposing stance, Forde-Mazrui said. The Supreme Court does not permit affirmative action when for the

purpose of correcting for the effects of past discrimination that has made minorities face greater educational disadvantages, Forde-Mazrui said. “Diversity is very important, but rectifying racial injustice is a moral imperative,” Forde-Mazrui said. Sullivan’s message to the University defended the University’s current policy of considering race and ethnicity as a determining factor in admissions. “As we pursue excellence across the University, we know that a diverse student population enhances and enriches everyone's educational experience,” Sullivan said in the email. University spokesperson Anthony de Bruyn said in an email statement that the University examines several factors when recruiting incoming classes. Factors considered with each application include GPA, class rank, writing ability, race and ethnicity, economic hardship, community accomplishments, extracurricular activities and honors, among others, de Bruyn said. According to the Office of Equal Opportunity Programs at the Uni-

versity, affirmative action is committed to ensuring equal opportunity in access, employment and participation in the University’s programs and activities. “We will continue to embrace students from diverse backgrounds to be consistent with the law, but also because we know that a more diverse

U.Va. is a stronger U.Va.,” Sullivan said in the email. The University will study the Supreme Court decision and ensure diversity would be pursued during the admissions process consistent with the law, according to the message.

Courtesy Wikimedia Commons

The Supreme Court’s decision defended the use of race as a factor in admissions on the grounds that it serves to promote diversity on college campuses.

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Monday, August 8, 2016

City Council members draft resolution for gun control Proposal faces strong opposition from gun rights advocates Daisy Xu Senior Writer

Several City Council members drafted a resolution in June to demand increased gun control from state and federal legislators. After the mass-shooting in Orlando on June 12 left 49 victims dead and 53 wounded at the nightclub

“Pulse,” gun control has become a widely debated issue both nationally and locally. Council members’ demands for stricter laws in Charlottesville face several obstacles, however. Preemption, or, more broadly, the Dillon’s Rule, states that local government cannot pass any gun control without permission of the Virginia General Assembly. Locality

Courtesy City of Charlottesville

Vice Mayor Wes Bellamy and Council member Kristin Szakos led the efforts to draft the resolution.

can only do what the General Assembly allows them. City Council member Kristin Szakos, who helped draft the resolution along with Vice Mayor Wes Bellamy, said the proposal asks state legislators for the right to enact local gun controls. “We are not writing the law, we are just asking the Congress to write the law,” Szakos said. “They should figure out what is the most effective.” The resolution also calls for national legislation to be written with stricter gun regulations. “Enact legislation to require comprehensive background checks for all gun purchases and move toward legislation to further prevent gun violence, including by regulating and/or banning the civilian purchase and sale of assault weapons,” reads the draft text of the resolution. Philip Van Cleave, president of the Virginia Citizens Defense League, or VCDL, said the Council’s resolution is unlikely to cause a change in legislation, and that the VCDL will directly oppose any efforts to increase gun control. “We will certainly speak against it, that’s number one,” Van Cleave said about the resolution. “We will also oppose anything that would

give them the power to make such a decision on their own. If they are trying to implement anything against the law, of course, we would sue them and force them to stop doing anything illegal, such as banning guns somewhere they can’t ban them.” An increase in background checks has not been effective to prevent criminal acts, as guns held by criminals are likely stolen or obtained illegally, Van Cleave added. Szakos said that although she believes the right to bear arms should be protected, there should also be firm regulations about the possession of firearms in the interest of public safety. “I would say unfettered right to bear arms, not the right itself, but to have no control on it at all, in this case, certainly inhibits the rights of 49 people in Orlando to life,” Szakos commented. “People who like guns are not bad people, but we need robust regulations.” Van Cleave, however, said he believes increased gun control would do little to reduce risks associated with gun violence. “Chicago has a massive amount of gun control, and they have an equivalent two or three Virginia at-

tacks every weekend. I don’t think we want that,” Van Cleave said. After the recent Orlando mass shooting, community safety from gun violence has become both a local and national concern. “We are suggesting getting rid of all gun free zones. Because these massive shootings are all happening in places where you can’t carry a gun, so the criminals are taking advantages of the fact that there’s nobody there that can fight back,” Van Cleave said. “While we can’t guarantee a criminal would strike, a person could at least do what the best they can to survive by being in the position to fight back.” The United States is the only country where repeated mass shootings continue to occur, and legislation should prompt change, Szakos said in opposition. “Our country has such lacks of laws regarding gun ownership and gun sales. We are the only country that repeatedly has these mass shootings,” Szakos said. “There is certainly a connection there.” City Council discussed the resolution in a council member meeting in June. No further action has been taken.

Madison House celebrates year of service with U.Va. students Volunteer center approaches 50 year anniversary, encourages new and returning students to join Daisy Xu Senior Writer

In the 2015-2016 academic year, Madison House had more than 3,000 students work with 175 community partners in Charlottesville during weekly volunteering shifts. Madison House Executive Director Tim Freilich said while the statistics suggest a great year, the organization’s primary goal goes beyond the numbers. “We want all of our students to be able to contribute meaningfully to — and learn from — our community partners and their organizations. So we're more focused on improving the depth and quality of the volunteer experience...rather than hitting any numerical targets,” Freilich said in an email statement. Madison House offers volunteering services in a variety of programs, such as the Adult & Emergency Services Network, Education Network, or Youth Mentoring Network. “Chances are we can find a program to match your interests, help you explore potential careers, or just give you a break from your classes,”

Freilich said. Third-year College student and Echols Scholar Holly Brooks was named the 2016 Volunteer of the Year at Madison House. Brooks said her volunteering experience with Madison House started in the fall of 2015, and since then she has worked with two community partners within the Housing Improvement Program within the Adult & Emergency Services Network. “With [Albemarle Housing Improvement Program] (AHIP), we worked to rejuvenate housing for those in the community who were unable to do so themselves, whether for financial or physical reasons,” Brooks said in an email statement. “For example, I have helped to paint houses, build sheds and wheelchair ramps, replace old siding on houses, and even pick up garbage in the community.” With the program Housing2Home, Brooks worked to rehouse the recently homeless in affordable, furnished housing. Brooks and Freilich both noted the valuable relationships formed between fellow volunteers as well as

community partners. “[Corbin Breaud with AHIP and Roger Williams with Housing2Home] help to show what a difference we're making in the community and motivate me, as well as many other volunteers to want to return week after week to make a difference,” Brooks said. “Volunteering through Madison House is one of the best ways to get to know other students and community members from a range of backgrounds,” Freilich added. With Madison House, students can participate in long-term volunteering as well as short-term events. Madison House’s Big Event, for example, features a single day of service-oriented activities for students to give back to the community. Fourth-year College student Jessica Moreno attended the 2016 Big Event on April 9th. “I had great time volunteering with The Bike Shop in the Big Event,” Moreno said. “I had never even heard of them before and I was really surprised and greatly encouraged by the services they offer.” Brooks said she is looking for-

ward to returning to Madison House as a program director for the Housing Improvement Program this fall. “Volunteering has absolutely changed my college experience in an incredible way,” Brooks said. “It's so meaningful to be able to give back to the community in a way that is personal to me.” Freilich said he is also expecting

another great year. “For 2016-2017, we're continuing to explore ways to tie our volunteers' service in with their coursework, and improve the training for our student leaders,” Freilich said. “We're working to make sure our volunteers head out into the community well-prepared, ready to learn, and ready to make a difference.”

Courtesy Madison House

Madison House offers a variety of volunteering programs which link students to community partners.

NEWS

The Cavalier Daily

U.Va. students win national marketing competition Commerce class beats more than 150 teams with new marketing campaign for Snapple Evan Henry Senior Writer

A team of 28 University students from Assoc. Marketing Prof. Carrie Heilman’s Integrated Marketing Communications Campaigns class took first place in a nationwide advertising competition in June. The annually held National Student Advertising Competition, conducted by the Amer-

ican Advertising Federation, included more than 150 student teams from different colleges around the country. Participating teams were required to build their own integrated marketing campaign for this year’s client, Snapple. Students were tasked with creating a new tagline and new advertising campaign for Snapple’s teas and juices. Teams worked all year to generate ideas and marketing research in or-

der to create a written campaign “pitch book” and a 20-minute presentation to give at regional and national competitions. This year, the University’s team won both the overall competition and also the award for Best Research. Students were all members of Heilman’s “Promotions” class — a nine-credit, two-semester course which includes the competition as part of its curriculum and final project in the spring.

Courtesy The University of Virginia

The University team took home first at Nationals in Anaheim, CA this June.

Recent Commerce School graduate Elyse Eilerman, a member of the winning team, was both a class account executive and a part of the presentation team who pitched the campaign to judges at each stage of the competition. In addition to the handson computer design skills she learned, Eilerman said the class taught her the finer points of determination and teamwork. “Working with and leading students on this type of project gave me so much knowledge on how to be an effective leader — in great part through trial and error,” Eilerman said in an email statement. Both Eilerman and Heilman emphasized the time commitment the class requires of students. “Typical workloads [varied] depending on what committees were in crunch time on a given week, but there were many late nights, many cheesy breads, and honestly these were some of my most rewarding nights of college,” Eilerman said. Students also partnered with companies Noldus Facereader Technology and Dialsmith to conduct consumer surveys in

order to create their innovative marketing campaign, Eilerman added. Heilman said she is responsible — along with former Prof. Jack Lindgren — for teaching the students the general principles of advertising, creative strategy and brand management. Students generate all their own original ideas for the competition and the course work. The class provides students with a realistic, immersive experience in a widely competitive business market, Heilman said. “This is the best academic offering at the University for students interested in Advertising and/or brand strategy because it affords the students a real-world, hands-on experience with an actual client,” Heilman said in an email. “Furthermore, because of the competition structure, it forces the students to compete to ‘win the business’ of the client, something they will have to do once they get out in the real world.” A University team has now won the championship a total of three times since its inception in 1980.

Local community members discuss race Activists propose policies to engage local black youth Daisy Xu Senior Writer

In light of the recent tensions between African-Americans and police nationally, local community members are taking action to address racism and racial disparities in Charlottesville and the surrounding area. Vice-Mayor of Charlottesville Wes Bellamy attended a lunch meeting arranged by local activists in mid-July to discuss a plan of action that he had on his mind. “I think one of the biggest problems or biggest missteps that we could have is believing that there's not a problem or believing that we don't have issues in our community or believing that things are the same for everyone,” Bellamy said in a press release. Amanda Tolka, who attended the meeting, said she has been an activist for many years. Tolka said growing up in an economically disadvantaged white

family in a predominantly black community exposed her to racial tensions and barriers at a young age. “I know now, as a mother, that I couldn't hold on to my integrity without showing Savannah, my daughter who is 10, that when others are not able to enjoy freedom and are brutalized at that, we must not ever be bystanders,” Tolka said in an email statement. “We can't enjoy our freedom at the expense of others.” Believing that not every American is enjoying equality to the same level, Tolka offered her opinions of the intensifying “Black Lives Matter” movement. “[It] is a demand to everyone to have integrity to the ideal of freedom and to work for a country, which includes both cultural and structural changes, that will elevate black lives and all of those who do not enjoy freedom, to the same exact footing as white lives.” Tolka said. #SilenceIsViolenceCville is a

Facebook group which Tolka created as one of her efforts to encourage more people to break the silence and ultimately, challenge racism. “Our stories, experiences, inner feelings, fears, hopes, etc. are all essential to connecting, working through our problems, and creating unity/solidarity,” Tolka said. “The process of resolving any issue is to first state it, but in order to state a cultural problem and proceed to rectify it, this requires many voices, many statements, many who are willing to trudge through the difficult task of facing that bad exists, yes, but also that there is good to be had.” Tolka is working closely with Bellamy, and said she thinks any plan to initiate local change will require a lot of work. “We need to pursue police reform that actually takes hold in both the city and community, including getting body cameras on our officers immediately,” Tolka said. “We need to start showing

up to meetings where community leaders are present, making decisions, and be a part of that process.” Those ideas, as part of a threestep plan, were proposed by Bellamy during a Black Male Town Hall Summit last Tuesday evening. The plan is intended to motivate the black youth in the community. The plan has been embraced by several local organizations, such as the 100 Black Men of Central Virginia, which has community leaders serving as mentors for the black teens, and 101.3 Jamz, a local hip hop and R&B radio station. Damani Harrison of 101.3 Jamz said in a press release that the station will serve as a platform for disseminating news and community issues throughout the local area. University Assoc. Prof. John Mason attended the summit to participate in a discussion about race in Charlottesville. Mason said he enjoyed the enthusiasm of the speakers.

“[Bellamy] has injected a much-needed energy into Charlottesville politics,” Mason said. “I think Wes’s primary focus is going to be uplifting individuals to find ways of supporting young men who find themselves in difficult situations.” Mason said increasing the willingness of people to engage in public policy making is an important aspect of creating change. “Political engagement I think, though, has to start at the local level,” Mason said. “What might come out of the meeting last night is greater participation of the African-American community in local politics, such as voting, supporting particular candidates, sending emails to your council members.” Organizing political action is a slow and difficult process, and community members will continue to make contributions, Mason added.

Monday, August 8, 2016

Hoos in the pros

Men’s soccer program launches professional careers

sports Rahul Shah Associate Editor

Courtesy Wikimedia Commons

Los Angeles Galaxy head coach Bruce Arena won the MLS Coach of the Year honors in 2009.

The Virginia men’s soccer program is universally regarded as one of the greatest Division I soccer programs in the history of college athletics. With seven NCAA titles synonymous to the program and 34 consecutive NCCA Tournament appearances on its resume, the program has unsurprisingly launched many professional careers of both the players and coaches that have graced the Cavalier orange and blue. Currently, several former Cavaliers compete in the professional ranks experiencing success, whether in Major League Soccer or other leagues such as the North American Soccer League. Bruce Arena: Amongst the former Cavaliers now involved in professional soccer, perhaps none is as widely known as Los Angeles Galaxy head coach Bruce Arena. One of the most recognizable names in Major League Soccer, Arena led Virginia to five National Championships in the late eighties and early nineties. Recently, he has coached and managed the Galaxy since taking over the head coaching and general manager duties in 2008. In 2009,

he won the MLS Coach of the Year honors en route to leading the Galaxy to the playoffs for the first time in three years. In 2011, Arena led the Galaxy to a wildly successful season in which they won the MLS Cup and amassed 67 points, becoming only the third team in the history of the league up until that point to reach the 60-point plateau. He was once again named MLS Coach of the Year. Arena and his team backed up that championship season by repeating the following season to win back-toback championships. Arena has continued to build the LA Galaxy franchise, leading them to sustained success, having also led the team to a 2014 MLS Cup victory and his third championship with the franchise. Chris Tierney: Chris Tierney, who played midfielder for the Cavaliers from 2004-2007, has experienced great success in the MLS and currently plays for the New England Revolution. He was drafted by the Revolution in 2008 as the 13th overall pick in the Supplemental Draft. Tierney has carved out a legacy

on the Revolution, currently residing as their longest tenured player and ranks amongst the top in franchise categories such as games played and started, minutes played and assists. Tierney, who played midfielder at Virginia, has made the full-time adjustment to full back. Tierney has experienced his most success in the pro ranks as of late, having his best season in 2015. He was named an MLS All Star and finished the season with two goals and six assists. Tony Tchani: Another former Cavalier in the MLS is Tony Tchani, who helped lead Virginia to their NCAA Title in 2009. Tchani currently plays for Columbus Crew SC of the MLS and enjoyed his finest season in the professional ranks in 2015, scoring five goals and notching six assists. In addition, Tchani made his debut for the Cameroon National Team earlier this year in a match against South Africa, which ended in a 2-2 tie. Tchani was born in Cameroon before coming to the United States as a teenager. Hunter Freeman: Former Cav-

alier star Hunter Freeman bounced around the MLS for years after being drafted as the seventh overall pick in the MLS Supplemental Draft, playing and starting for the Colorado Rapids, New York Red Bulls, Toronto FC and the Houston Dynamo before having a resurgence in the North American Soccer League, playing for the New York Cosmos. Recently, Freeman has helped the Cosmos win two league titles in 2013 and 2015. In addition, he was named to the NASL Team of the Week four times en route to grabbing Cosmos Player of the Year honors in 2014. The Virginia men’s soccer program has been churning out great soccer players for years now, and with their current status as one of the top programs in the country, as evident by their 2014 NCAA National Championship and recent recruiting history, there is a great chance that the number of Cavaliers heading into the professional ranks will only increase. For now, there are still plenty of big names carrying on the program’s legacy in the professional game.

18 Virginia representatives in Rio Two current U.Va. students at 2016 Summer Olympics

Ben Tobin Associate Editor

When all eyes were on Beijing, China during the 2008 Summer Olympics, the Cavaliers sent nine representatives to compete and coach on the grandest athletic stage of them all. Eight years later, the Cavaliers have now doubled that number. Starting Aug. 5 in Rio de Janeiro, Brazil, 18 individuals with ties to Virginia – 16 athletes and 2 coaches – will represent seven different countries in the 2016 Summer Olympics. Here are some highlights of a group of standouts: Leah Smith, Women’s Swimming ’17 (United States) With her incredible 2015-2016 season, Leah Smith has cemented herself as not only one of the best Virginia swimmers of all time, but as one the best-ever Virginia athletes, period. At the ACC Championships in February, Smith broke the NCAA record in the 1,650-yard freestyle. In addition to two NCAA titles from the 2015 championships, the Pittsburgh, Pa. native picked up two more this past year. In Rio, she will be competing in the 400- and 800-meter freestyle as well as the 4x200-meter freestyle relay. While this is only her first Olympics, Smith is one of the

biggest stars representing the orange and blue and has a strong chance at bringing home a medal. Filip Mihaljevic, Track and Field ’17 (Croatia) Standing at 6-foot-7 and weighing 253 pounds, Filip Mihaljevic has the build of a track and field star, specifically in throwing events. This past season, he won himself a national championship in outdoor shot put, and he has seven ACC titles to his name through three years of competing. But Mihaljevic’s success hasn’t simply been confined to Virginia – just last week, he won discus and took second in shot put at Croatian Nationals. In his first Olympic appearance, he will be competing to receive a medal in shot put, his best event. Morgan Brian, Women’s Soccer ’14 (United States) As one of the all-time Virginia women’s soccer greats, Morgan Brian has already proven herself on both the national and international stage. Currently playing for the Houston Dash, Brian has also scored four goals in her play with the United States Women’s National Team. In her time at Virginia, she became the first Cavalier to score 40 career goals and rack up 40 career assists. In her first Olympic appearance, Brian will look to continue her momentum on

the soccer field as she starts at the midfielder position. Yannick Kaeser, Men’s Swimming ’16 (Switzerland) Holding the Swiss national records in both the 100- and 200-meter breaststroke, Yannick Kaeser is a household name in Switzerland. Now, after an illustrious four-year career at Virginia in which he claimed four ACC titles and four All-American honors, Kaeser will look to make a splash in his second-consecutive Olympic appearance. In his last year at Virginia, Kaeser proved to be the face of the program as only he and then-freshman Zach Fong competed in the NCAA Championships. In Rio, Kaeser will compete in the 100and 200-meter breaststroke – by far his best events. Emily Sonnett, Women’s Soccer ’16 (United States) The fact that Emily Sonnett is an alternate on the United States National Women’s Team for the Olympics is a testament to just how good that team is. Starting as a defender at Virginia, Sonnett earned the title of ACC Defensive Player of the Year for the 2015 season, won the ESPNW National Player of the Year, and was taken first overall in the NWSL draft by the Portland Thorns FC. Although she is an alternate for the team this time around, Sonnett’s future is in-

credibly bright; it’d be incredibly surprising if this were her last Olympic appearance. Kemal Mesic, Track and Field Throws Coach (Bosnia and Herzegovina) At the age of 31, Kemal Mesic is one of the oldest Virginia representatives in this year’s Olympics. However, he is not letting that slow him down. Graduating from Florida in 2013, this Virginia throws coach became a five-time first-team All American and won three SEC indoor shot put titles. In his second Olympic appearance, he will compete alongside his mentee, Filip Mihaljevic.

Other Virginia representatives competing in the Olympics include: Michelle Vittese (United States), Susanne Grainger (Canada), Inge Janssen (Netherlands), Matt Miller (United States), Meghan O’Leary (United States), Christine Roper (Canada), Becky Sauerbrunn (United States), Dominic Inglot (Great Britain), Robby Andrews (United States), Kevin Sauer (United States), Steve Swanson (United States) and Paige Selenski (United States)

Courtesy The Universty of Virginia

Marshall Bronfin| The Cavalier Daily

Editor’s Note: Leah Smith captured bronze in the 400-meter freestyle Sunday night.

Current students Leah Smith and Filip Mihaljevic will compete in swimming and track and field, respectively.

The Cavalier Daily

Unseen or obscene There exists an unfair binary for women in U.S. media

ly deserve to be visible. The old caricature becomes its photographic negative and is therefore easily absorbed and promoted within the American n a recent article for The Guardi- cultural narrative. The notion that an, Rafia Zakaria argues the cur- an independent woman is not sorent wave of expositional memoirs cially acceptable has not changed, by women in the media — largely only now the independent woman comedians — reduces feminism is proudly, instead of shamefully, to insular and self-analytic “na- perverse. The Bronteian “madwomvel-gazing” wherein (upan in the attic” is lured per-middle class, white) TAMAR ZIFF out of the attic, but she women attempt to subOpinion Columnist is still incorrigible, only vert conventional gender now she has an audience. norms — specifically, the Karl Lagerfeld’s femiexpectation of coyness, delicacy, def- nist “faux-test” during Paris Fashion erence — by baring themselves emo- Week 2014 testified to the reification tionally in writing (and physically, on of feminism as empty branding and screen). The docile, obedient, chip- the commodification of what used per, squeaky-clean and atrociously to be a movement for gender equity. dependent 1950s housewife becomes The popularization of feminism has an acerbic, defiant, depressed, nasty, relied on making feminism “fun,” as self-centered “modern woman.” For- Andi Zeisler, founder of Bitch magaget approval: the nastier the better, zine, argues. “The problem is — the the edgier the more progressive. A problem has always been — that femreaction is necessary; let us womyn inism is not fun… It’s not supposed be as seen as our foremothers were to be fun. It’s complex and hard and it unseen behind aprons and thick pisses people off. It’s serious because it wooden doors of suburban duplex- is about people demanding that their es. Let our voices be heard! But let humanity be recognized as valuable.” them be heard saying only things Contemporary calls for feminine emthat shock, awe, repulse. The unseen powerment in the form of “feminist” become the obscene, reinforcing the manicures and Beyoncé songs form premise that women do not inherent- a toxic, symbiotic relationship with

the U.S. media and television industry, which honors them by producing films that routinely and casually present women as products of external validation or viewership rather than human beings in and of themselves. Take the recent “How To Be Single,” a summer release that strings together various cinematic tropes and the occasional clever one-liner in a lengthy pastiche reminiscent of a watered-down “Sex and the City” Episode. Rate by viewers on RottenTomatoes as 3.3/5 (a solid C), it introduces four interwoven plot lines centered around “single life” in

self” as a single woman: she moves to New York, effortlessly finds a job as a paralegal that somehow pays enough for a large, gorgeous studio and quickly befriends the spunky and promiscuous Robin (Rebel Wilson), who is single and loving it. Female “singleness,” in Robin, is a sophomoric recklessness comprised of late, booze-heavy nights and random and forgettable encounters with men. The foil to Alice’s tight-buttoned, doe-eyed “non-single” woman, Robin represents every implicit American cultural taboo for women in one convenient, Australian package: she is overweight, she is openly promiscuous, she flouts corporate authority, she is loud and aggressive, she is messy, she enjoys alcohol and, most defiantly, she is happy with Characterizing an independent woman her single self. She is independent, and so as necessarily lewd is not a step up from she cannot be characcharacterizing her as nonexistent.” terized within the cultural mainstream: she New York City (I don’t assume any of must be reckless, juvenile, obscenely those points were for originality). In visible. the central plot line, protagonist AlThis is not to say that romantic ice (Dakota Johnson) breaks up with comedies, particularly those on the her college boyfriend to find her “true lighter side of the intellectual spec-

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opinion

trum, have ever been kind to women, but the fact that these simplistic and harmful characterizations are so casually drawn, and swallowed, by the U.S. public lends to the stagnation of any kind of real feminist movement. Characterizing an independent woman as necessarily lewd is not a step up from characterizing her as nonexistent: both dismiss women’s inherent humanity and frame them as creatures that rely on external viewership, be it by a man in their lives or by a squealing audience. Perhaps it is a tall order to ask romantic comedies, or other fast-food big-blockbuster productions, to provide nuanced characterizations of women. American cinema is notoriously loud, gaudy and gauche, with as much corn syrup in mass-produced romcoms as you find in your average packaged food product. Cheap and easily sold, casual sexism may be too much of a popular mainstay to weed out; maybe the Motion Picture Association of America should just add another letter to their rating system: D, for Denigrating humor.

Tamar Ziff is a College graduate from the class of 2016.

Social liberalism for sale Allowing progressive social values to become a lifestyle brand will have dangerous unintended consequences fications for its continued rule.” NYC Pride, for instance, notes on its website that sponsoring Pride is a “great into a Fury Road-style way” to “[build] a strong hellscape. Off stage right York presence for GRAY WHISNANT New were two less well-known your brand,” with the logOpinion Columnist but no less important acos of Walmart, Wells Fartors in Trump’s ongoing go and Citibank among drama, his daughter Ivanka and alt- numerous others filling out the page. right miscreant Milo Yiannopoulos. Calvin Klein, a company cited for Ivanka played her part in Cleveland gender discrimination in its Sri Lanand Milo online, but together they kan and Filipino factories, employed illustrate how the contemporary far- no less an avatar of cool than Young right uses social liberalism to season Thug to proclaim in its latest ad camits reactionary politics. In 2016, social paign, “There’s no such thing as genliberalism is not only the official ide- der” while an off-screen voice tells ology of the ruling class but also a key him he looks “hot in a dress.” tool for ascendant right-wing nationThe Fortune 500 is also the leadalists like the Trumps. If progressives ing voice on the state level for liberdo not reclaim their social values for al social issues. In the backlash to themselves, there will be dangerous North Carolina’s awful “bathroom consequences for both their move- bill,” Paypal, the NBA and Deutsche ment and for the people they most Bank announced plans to pull operaneed to serve. tions, personnel and events from the In a profile of Milo and his state. A similar dynamic occurred in avant-garde brand of racism, writ- Indiana when now-vice presidential er Park Macdougald notes in New candidate Mike Pence signed a bill York Magazine that Yiannopoulos that originally allowed restaurants to gets so much traction with his young refuse service to gay customers. In audience because he claims to stand both cases, the Republican governor against “a flailing American elite in question partially backed down, [that] has elevated a corporate-diver- and CEOs like Apple’s openly gay sity-training version of multicultur- Tim Cook got to take partial credit alism into one of the primary justi- for defeating laws rightly compared

to Jim Crow. Of course, there is nothing self-evidently wrong with major private sector actors supporting social change. In one sense, it’s a testament to decades of thankless work by gay rights activists that brands as mainstream as Bud Light now want to be associated with the movement’s increased visibility and cultural capital. At the same time, welcoming business wholeheartedly into the progressive coalition stands to undermine many of the left’s other values, most crucially credible opposition to economic and wealth inequality.

“Fromage not Farage” signs visible during many pro-EU demonstrations suggest that future might already be upon us. As with the UK’s centrist parties, the Democratic Party is likely to be led by people animated by their own kind of identity politics: that of affluent professionals congratulating themselves on their superior sense of decency while the gulf between the haves and have-nots widens. “We,” University students will increasingly tell ourselves, “are better than they are, with their bigoted views and cluelessness about what cultural products to prefer.” People who might well be racists but whose communities are increasingly consumed by drug addiction and suicide will receive only disdain, their ignorance precluding them from our underPeople who imagine themselves above crude standing, much less bigotry can find themselves its accomplices.” compassion. Their tribal resentment will only increase in tanAs “Twilight of the Elites” author dem with ours. Chris Hayes put it after the Brexit All the while, the Ivankas and vote, “I don't want a future in which Milos of the world will use the class politics is primarily a battle between marker of social liberalism to pitch cosmopolitan finance capitalism a more palatable version of what and ethno-nationalist backlash.” The Trump is hocking. In the aftermath

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ast Thursday night, Donald L Trump cast himself as the as only hope for stopping America’s descent

of the Orlando shooting, Milo Yiannopoulos wrote on Breitbart, “THE LEFT CHOSE ISLAM OVER GAYS. NOW 100 PEOPLE ARE DEAD OR MAIMED…” More recently, Ivanka Trump employed her considerable personal charm to sell a man with a distinguished history of promoting misogyny and winking at white supremacists as “color blind and gender neutral.” In a profile illuminating not just Ivanka but also the people in her social circles, Jessica Pressler writes, “Before the campaign, New Yorkers liked what we saw reflected in her — she was wealthy and successful and driven but seemed fundamentally decent. Now she is mirroring something else, which is that many of us are willing to overlook ugliness in exchange for success.” In short, beneath a superficial veneer of tolerance, people who imagine themselves above crude bigotry can find themselves its accomplices. In this perilous moment, the left’s continued claims to decency rest on not making the same mistake. Gray Whisnant is an Opinion editor for The Cavalier Daily. He can be reached at g.whisnant@cavalierdaily. com.

OPINION

Monday, August 8, 2016

Bring back the assault weapons ban Prohibiting semi-automatic weapons will address America’s mass shooting problem resembles that of an AK-47. The online gun advocacy group thetruthaboutguns.com, which addresses not come as a surprise topics such as gun safety, that this is not the first morality and practice, JESSE BERMAN time I am writing about contends that the Sig Opinion Columnist gun control in America. Sauer MCX was specifGiven that on June 12 a ically developed for the lone gunman perpetrated the larg- U.S. Special Forces, one of the reaest mass shooting in U.S. history, in sons being that it is “as quiet as an which 49 people were killed at a gay MP5 and as deadly as an AK-47.” nightclub in Orlando, it is a perti- This firearm has proven attributes nent time to address the issue once that allow our troops to better conagain, as hard and painful as it might duct operations across the world, be. The last article I wrote in early certainly a necessary objective. Yet, October following a shooting at an given its proven capabilities, should Oregon community college called that not be the extent of its usage? for mandatory universal backUnsurprisingly, the National Riground checks for all prospective fle Association thinks not.Following gun owners. Yet given that the Or- the Newtown massacre, its statelando shooter had previously been ment regarding the AR-15, another on an FBI watch list on two separate semi-automatic gun, claimed it was occasions and still managed to pur- “useful for hunting and home dechase the weapon that allowed him fense.” Though many hunters themto carry out this grisly attack, per- selves do not consider the weapon to haps this is not a foolproof solution. be a useful hunting rifle, let’s assume Now, I am more convinced a ban on hypothetically that it makes hunting semi-automatic weapons would be easier and more exciting. more productive. Let’s consider baseball, another The Orlando shooter used a Sig favorite American pastime, because Sauer MCX in the attack, a semi-au- it too recently had a dilemma retomatic weapon whose technology garding the use of aluminum bats

at the high school and college level. These bats caused baseballs to be hit at incredibly fast speeds, consequently causing players to suffer from serious injury and even death. As a result, various baseball associations required bat manufacturers to reduce the risk of injury and death by altering the physical characteristics of these bats. They did not seek to eradicate the use of metal bats from amateur baseball altogether, but merely regulate it to make players safer, even if it made the game less exciting and more difficult be-

not baseball, I think there is a comparably useful takeaway regarding how baseball associations dealt with this issue. Namely, you do not need a semi-automatic rifle to be successful and enjoy hunting; in fact, Outdoor Life Magazine’s top 10 list of best hunting rifles only contains one semi-automatic weapon. If you use a manual rifle, the activity might become more difficult and tedious, but those tradeoffs are inconsequential if it means hundreds of lives can be spared in the next mass shooting. I agree with the NRA’s contention that the AR-15 and other semi-automatic guns can be useful for home defense. However, I don’t think this justifies their availability to ordinary citizens. I am deeply skeptical of the notion that citizens The reason I am not a complete opponent of need military-grade semi-automatic rifles.” the Second Amendment is because I believe strongly in cause batters could no longer hit 130 the right for individuals to protect mph hits whenever they made solid themselves and their loved ones in contact. their own homes, and I also believe While I acknowledge hunting is firearms are the best way to achieve

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n 2015 alone there were 372 I mass shootings, averaging just over one per day, and thus, it might

this. Yet I am deeply skeptical of the notion that citizens need military-grade semi-automatic rifles to achieve this end. Guns can be essential for self-defense, hunting can be a fun, rewarding hobby and firearms themselves are an integral part of American society and history. But we cannot afford to maintain the status quo. While mandating background checks could be useful, it is perhaps not the sole solution considering the Orlando shooter was able to purchase his semi-automatic weapon legally. Instead, we should ensure these weapons are available only to the military personnel who truly need them to do their jobs to keep our country safe. While 63 percent of Americans feel guns make their homes safer, would they feel safer with these same high-caliber weapons available for purchase, and with little to nothing standing in the way of preventing a mass murderer from achieving his evil goal? Jesse Berman is an Opinion columnist for The Cavalier Daily. He can be reached at j.berman@cavalierdaily.com.

Science is a religion Don’t place too much faith in our secular priests all existing complexity and mystery in the universe, yet it cannot provide an explanation of its own improbable of paradox, continuouscomplexity. Dawkins also ly expanding the limits argues that while religion RYAN GORMAN of its intellectual capacis illogical, its influence Opinion Columnist ity through technology remains because there is and systems of belief, yet “a selective advantage to never coming closer to answering the child brains that possess the rule of questions at the base of its collective thumb to believe, without question, consciousness. We utilize belief sys- whatever familiar adults tell them.” tems to rationalize these questions While one can certainly challenge (such as the purpose of our exist- Dawkins’ contentions, the basis of ence), but our beliefs — at the most his argument is clear and convincing: fundamental level of understanding religion is a flawed, irrational belief — deliver little other than comfort in system that does not comply with a universe of mystery and chaos. And contemporary perceptions of reality although academics have taken great and only exists due to the evolutionstrides in disproving the capacity of ary advantage of “belief” itself. religion to explain humanity’s place Scientific consensus and contemin the universe, they often fail to rec- porary thought guide our perception ognize that the same arguments can that certain tenets of religion are inbe applied to the doctrine of scientific deed irrational. A human being canconsensus, which I contend is as irra- not possibly live for 700-plus years. tional as the belief in God itself. Jesus was likely a religious icon in the Members of the school of New right place at the right time and not Atheism present a clear line of think- a supernatural human being. We can ing in proving the irrationality of hu- reject with certainty the supposed manity’s belief systems. For example, “miracles” in the Bible’s stories using Richard Dawkins, perhaps the most biology, chemistry and physics. But notable of the school’s members, is our understanding, our science, contests the notion of an “intelligent really as definite and coherent as we designer” of the universe is “self-de- consider it to be? feating;” in other words, the idea of Just like the Bible’s authors, sci“God” can provide an explanation for entists must cover the boundaries

of their thinking with apparently “magical” ideas of their own (i.e., the Planck length or the theory of a multiverse). The scientific method implies boundaries of thought must be rationalized by abstract theories; even if scientists reach a consensus that extends beyond modern boundaries of thought, their “answers” lead to a necessity for conclusions even greater in scope, which necessarily converge on the incomprehensible. One can argue, then, that religion and science not only propose similar questions, but also provide similar, “self-defeating” answers to humanity’s most

brain cannot step outside of itself and understand its true meaning. We are collectively bound — intellectually speaking — by a set of universal, perceptional biases, which can never be surpassed and which prevent us from achieving any real conception of “truth.” Science and religion certainly represent concrete examples of the brain testing its limits, and — if our species’ brief history provides any guidance — new belief systems will likely replace or reform these institutions in the distant future with identical purposes and equally unsatisfying outcomes. These systems may be eternally flawed, but they are a necessary conduit for human motivation and rationale; the social order is based on these universal “truths,” and it restrains humans Is our understanding, our science, really as from continuously definite and coherent as we consider it to be?” obsessing over their nihilistic tendencies. Yet, I believe it is basic questions. The consensus sur- important to recognize that neither rounding these ideologies in their science or religion should be labelled respective epochs reveals humanity’s as “true.” History demonstrates that irreversible flaw: we cannot define humans constantly clash over the ourselves in any sort of manner ex- pretension that one particular belief ternal to our perceptions. is “better” than another, from Jesus’ It makes sense, though, that the death on the cross to the specter of

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hile global quality of life apW pears to progress over time, the human race remains in a state

terrorism that currently looms over the entire world. Perhaps a more peaceful world is one where humans do not agree on a particular belief, but achieve consensus on the limits of their own cognition; perhaps it is valuable to recognize that as hard as we may try, we are incapable of conceiving a flawless, objective definition of reality, and thus the only quality that makes us equal is our endless search for truth. Indeed, we have no possible way of knowing what purpose our lives — either collectively or independently — are intended to serve, other than through the lens of our biased, often-irrational goals. The only ideas we can truly understand are the emotions we feel in our tiny, insignificant contexts — the sensory experience of each moment, the intoxicating scent of the future and the past. Our beliefs provide a context that allows us to derive meaning from these emotions, whether we believe God crafted this beauty for us, or we’re simply in the right place at the right time. Ryan Gorman is an Opinion columnist for The Cavalier Daily. He can be reached at r.gorman@cavalierdaily. com.

L life

Mary Long Life Columnist

I’m sure Google has seen its fair share of strange questions. Sometime between mid-June and early-July, I turned to the search engine myself in an alleged “time of need” and poised a question weighing heavily on my mind: “Can boredom lead to insanity?” The response I found on various websites assured me that yes, I could, in fact, lose all my marbles by mere virtue of being bored. I was sure this process had already begun, and tried verily to explain to my mother that something must be done to combat it. She, rightly, waved me off. Back story: I was set to begin a summer job in early June, but, for some as-of-yet-unknown heap of reasons, I got a call two days before saying that my start

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Dancing with myself On un-full summer days and boredom date had been postponed and I would have to sit tight until I got another call inviting me to come into work. That call ended up coming four weeks later. But, at the time, I was given no hint and had no clue when my new start date would be. Which meant each day I woke up by incessantly punching the volume button on my phone to ensure I’d be able to hear it ring as I clutched my phone in my left hand, forever ready to answer it at a moment’s notice. I tried to fill those days with exciting moments and events in order to make the most of the yet-to-be-determined time until I could start work. But my family and my friends in town for the summer were all working themselves, so few people were frequently available for impromptu excursions and activities. I tried to get a job to fill the time and earn some money, but struggled to adequately explain my current situation: “No, I don’t have a job now, but I will…

at some point, hopefully soon.” Didn’t go over particularly well with my potential employers. Bottom line: for several sporadic days in those three weeks, I struggled. It was silly and stupid of me to do so, especially seeing as I had other things I could have – should have – been doing: the application for my study abroad program, writing for a research project I had done earlier on in the summer, practicing guitar like I had sworn to myself I would…the list could continue. Even when I was conscious of the fact that there were other ways to fill my days, I couldn’t bring myself to actually get the work done. Somewhere along the way I had convinced myself that the best thing to do was wait, that my most diligent work was actually done when I was cramped for time rather than when I had all the time in the world. Hmm. Now that I’ve actually begun work, I see that’s not exactly the