VIRGINIALAWWEEKLY

Friday, 11November 2011 The Newspaper of the University of Virginia School of Law Since 1948 Volume 64,Number 11

photobyAprilReeves '12

Though students easilyoutnumbered Iacullypresenta goodtlmewashadbyall.

around northgrounds

~Thumbs down to theupcmning £all blooddrive. Last year ANGgaveblood and stillgot

the flu, so ANG wonders if thesethingsare even worth it

~Thumbs up to Volun­teer Income Tax Assis­lance (VITA) trainingon Monday, Nov. 14.

VITA is not to he am£osed withVolunteer Taxidermy Assis1ar<:etraining, which will takeplace inthe Law Scbool'sboiIerroom.

~Thumbs up to Orris­topher j. Dumler '09,who was justelectedtothe Alhemarle County

Boardof Supervisors. ANG is ex­pecting friendly h'eatment whenANG propoees a new bypassthroughSplesGarden.

~Thumbs up to Presi­dent Tata's surprisebirthday party. Curi­ously, ANG received

ANas Facebookinvite £romTatabimself.

~Thumbsup to the SBAfor providing the 3Lsectionswith moneyforbar review pregames.

Unfortunately, the powers thathe saw through ANas attemptto collect for sectionsA, N, and G.

~Thumbs down to allthe support for PennSlate in the halls. ANGknows all of you are

just gruming for in-house posi­tions with NAMBLA.

~Thumbs up to11/11/11. Sumooneshould tell HermanCain to get with the

times.

lar a day.One of the biggest problems

these countries have is attract­ing foreign investment fromother states and private parties.Most of these investments go tolarger, more prosperous coun­tries rather than the developingcountries that need it most, saidTung; this is because investorssee developing states as riskierbecause of issues with their legal

The program also gives like­minded students the opportunityto develop valuable connectionswith one another. "The Law andPublic Service Program inte­grated me into a community ofstudents who are all deeply com­mitted to public interest work,but whose interest areas are verydiverse," Rolla said. "They arean incredible font of informationand support."

~WORlDBANK page 2

a senior counselor at MorrisonFoerster LLP in New York.

The World Bank's mission isto reduce poverty by loaningmoney to developing states forcapital improvements that willlead to lasting economic growth.According to Tung, "the issuesconfronting the World Bank arehorrendous." World Bank loansgo to some of the most under­privileged nations in the world- in many cases, ones whoseresidents live on less than a dol-

Students, Faculty Mingle atWine& Cheese Reception

Ryan, Block, Coughlin Address StudentsInterested in Law & Public Service

Former World Bank VP Discusses Barriersto International Investment

Michelle carmon'14 summer funding for public inter-StaffWriter est work.

Each spring, students in theOn Nov. 3, Prof. James E. Ryan program take a designated public

'92 hosted an informational meet- interest-related course. Programing about the Program in Law participant Kim Rolla '13 foundand Public Service. Prof. Ryan co- the required Law and Public Ser­founded the program in 2009 to vice course taught by Prof. Annebenefit students who will pursue M. Coughlin to be particularlypublIc interest careers after grad- useful. "[It] exposed me to histor­nation. Some of the program's ical and theoretical frameworksbenefits include access to faculty that enabled me think criticallymentors, independent research about my summer internship andopportunities, and. guaranteed future career options," she said.

On Nov. 3, former WorldBank Vice President and GeneralCounsel Ko-Yung Tung visitedthe law school to discuss the im­portance of global development,strategies for reducing povertyin the developing world, and thechallenge of balancing the in­terests of foreign investors and.host countries during the globalfinancial crisis. Tung is currently

Evon Mix'12Executive Edi10r

Billy EaII., II'13News Editor

The University of VirginiaHuman Rights Program and theVirginia journal of InternationalLaw invite all interested studentsto compete in the 3rd AnnualVirginia Law Human Rights Stu­dent Scholars Writing Competi­tion.

Professors Deena Hurwitz andPierre-Hugues Verdier explainedwhy this competition provides arare opportunity for anyone witha burgeoning passion in this areaof law. "There is a lot of interestin international human rights, "noted Verdier, "but it can be dif­ficult as a student to have yourwork considered for publicationin a leading international lawpublication. In this respect, theHuman Rights Writing Competi­tion is a unique opportunity foranyone interested in teaching orpracticing in the field -or simplyin reaching a broader audience."

Hurwitz echoed Verdier's sen­timents: lilt is unfortunate thatthere are not more opportunitiesfor law students to engage in ac­ademic writing," she explained."Publishing a work of legalscholarship can be a great boonto any young lawyer. It is primafacie evidence that the author candissect complex issues and clear­ly articulate original ideas, skillsthat look good on any resumeand better in legal practice."

Hurwitz also described thegoals of the competition. "Weinitiated the writing competitionto help students focus on criticallegal issues in the field of humanrights and. to promote and sup­port scholarly writing here atthe Law School. She also pointedout that one aspect of this thathas yet to be realized is the pre­sentation of works-in-progressin a constructive and. collabora­tive environment. "The HRP and.VJIL envision a workshop withthe top authors and U.Va. Lawstudents as discussants. Wehope to be able to do somethinglike this year."

Entrants are not bound to anyspecific area of human rightslaw. The winner of the competi­tion will be awarded a $500 prizeand expedited consideration forpublication in the Virginia Jour­nal of International Law. Thedeadline for the competition isjan. 13, 2012. All entries shouldbe submitted to hrsswC@vjil.org.

Human RightsProgramPromotesStudentWriting

Competition

4 Special VIRGINIALAWWEEKLY Friday, 11 November 2011

Daniel Heyman, "From theTime of Moming Prayers" (2008,gouache onNishinoushi paper)

, q ~

.'J ) :Jqllnl lJ~

"', FM~F u»:et.. • .. [t.lo"l

I&'r

against distant military adventures. If Goya representednineteenth-century violence and brutality as tragedy,then they return in the twenty-first century as farce.

(L)Jake andDinos Chapman, "Insu~ to InjUry, Great DeedsAgainst theDead (No. 39); 2003.Reworked andimproved

etching from GOyD'S Disasters ofWar. (R)Photo from Abu GhraibJake andDinos Chapman, "Great Deeds Against theDead,

1994"(SCUlpture)

etching of its powerby turning it into a Halloween prop?

War and Selective Vision,an introduction to theexhibition "Bearing

Witness"

by Douglas Fordham, AssociateProfessor of Art History, University

ofVirginia

I am pleased to be able to speak. this evening in re­sponse to Daniel Heyman's compelling and disturb­ing recent work. This is my first time speaking beforea law school audience, so I'll try not to be too sloppywith my logic and argumentation. I was initially hesitantto contribute what might be considered IIart-historicalbackground" to tonight's proceedings. I don't want todetract from the fragile political contingency that theseworks so powerfully invoke. These painted, personalmissives have escaped from the soul-crushing machin­ery of America's military-industrial complex, and I'm inno hurry to recapture them for fine art or its history.

But then again these are, and should be, consideredserious works of art. To deny them this because of theirhorrific subject matter, or because of their disconcertingtopicality, would diminish the role that art plays in ourculture and limit the lessons that we might draw from it.

The very notion that fine art might also be a documentof human atrocity is a relatively recent one. Francisco deGoya's Disasters of War series, produced between 1810and 1820, but only made public in the 1860s, constitutesone of the earliest and most damning artistic visions re­lating to modern warfare's human cost. Robert Hughesdescribed the series as, "the greatest antiwar manifestoin the history of art/ and they still retain their power toshock and disturb. With the rise of the modem nation­state in the eighteenth century, the victories a countrygained on the battlefield and the art that was producedin state-sponsored academies offered two of the mostimportant indices of a nation's power and greatness.Endless paeans to a nation's "Arts and Arms," and avenerable tradition of history painting in which the for­mer represented the latter made Goya's interventionboth natural and provocative. In Goya's hands, the artsindicted a nation's arms, yet he apparently believed thatthe world was not quite ready to accept such a message.

Deeply troubled by the Napoleonic occupation ofSpain., Goya nonetheless refused to specify where andwhen these Disasters of War occurred. The prints them­selves vacillate between the closely observed and the al­legorical. This etching, titled "Great Deeds! Against theDeadl," mocks the very language of national conquestand heroism. The naked and., in some cases, decapitatedand castrated bodies, have been arranged on a tree asa warning and a threat to an unidentified enemy. Andthey are, dare I say it, artfully arranged, evoking boththe classical nude upon which academic art rested, andthe gruesome realities of modem warfare. It is a printthat has become the very paradigm of an individual'spower to sublimate violence into art.

Francisco deGOyD, "The Disasters ofWar, Great Deeds AgainsttheDead" (No. 39, firstpublished 1863)

This has made The Disasters of War series ripe forappropriation, and in 1994 the British artists Jake andDinos Chapman rendered Goya's etching as a three-di­mensional sculpture. I'm showing the sculpture in twodifferent views, which emphasizes some of the problemsthat the variation raises. What might be the point of sucha translation? Is the sculpture better suited to the art mu­seum or Madame Tussaud's? Are the Chapman broth­ers suggesting that the two-dimensional print has lostits power to shock and therefore a more spectacular en­counter is needed? Or are they attempting to drain the

Each of us might answer these questions different­ly, and some of us might have less polite questions toask of the work. But the sculptural rendering of GreatDeeds Against the Dead does put one aspect of Goya'swork into high relief. For Goya's print, as damning as itmay be, makes the viewer complicit in a certain eroticsof power - it both activates the artistic authority of thenude and then abuses it. Art historians have raised thisproblem not just in relation to Goya's tormented bodies,but also in relation to abolitionist imagery of the sameera, where the viewer is placed in a privileged positionthat both elicits empathy and mastery over a tormentednaked form.

Pornography, as Marcus Wood has emphasized., isas much about domination as it is about sexual gratifi­cation. How trusting can we be of our own sensual re­sponse to images like this? Are we entirely certain thatwe will respond with the "correct" aesthetic response,which is also a political response, if we view it as RobertHughes has, as an unsparing critique of war.

As if to undercut these associations, the Chapmanbrothers had another go at the same etching in 2003, butthis time they physically altered an original nineteenth­century print pulled from Goya's copper plate. TheChapman brothers retitled the image "Insult to Injury,Great Deeds Against the Dead," and the insult wouldappear to be directed at Coya as much as his torment­ed subjects. According to the Chapmans these are "re­worked and improved etchings from Goya's Disasters ofWar/ and they are not only deeply irreverent, but alsodeeply skeptical, I would say, of the ability of this kindof imagery to critique modem warfare, or to persuadethose who might think. otherwise. In an age of incessant­ly violent media content - from crime shows on TV, tovideo games, to the 24-hour news cycle - how can we beanything but inured to the disasters that Goya offers us?

I'll admit that I've never been a fan of this work, butthe Chapmans do suggest just how difficult it is for agenuinely earnest artist in the early 21st century tomount a visual critique of warfare and human brutal­ity. Most of us have an armory of post-modem defensesready against any serious social critique, not least of all

But the Chapmans' view of the world, as impover­ished as it may be, clearly belongs to a larger zeitgeistin which we are all implicated. The print of "Insult toInjury" took on an uncanny quality for me when I real­ized that it was completed the very same year that thenow infamous Abu Ghraib photos were taken. The of­ficial military report by Major General Taguba foundthat between October and December of 2003 there werenumerous instances of "sadistic, blatant, and wantoncriminal abuses" at Abu Ghraib prison in Iraq. The sys­tematic and illegal abuse of detainees, Taguba reported,was perpetrated by soldiers of the 372nd Military PoliceCompany, and also by members of the American intel­ligence community. The report and many of the incrimi­nating photos became public in the spring of 2004 inan episode of 60 Minutes and in an expose by SeymourHersh in The New Yorker. And in this photograph,along with many others, we find the same horrific con­junction of exploited, degraded nakedness and absurdgood cheer that the Chapman brothers had anticipatedby a matter of months.

Following that disturbing sequence of images I'd liketo return to a painting by Daniel Heyman in the cur­rent exhibition, and tum the conversation towards hisaccomplishment. In a simple head and shoulders por-

_........ ­,,/

( <

Daniel Heyman, "I alsosoldsatellite dishes"(2008,gouache onNishinoushi paper)

R1day. 11 November 2011 VIRGINIA LAW WEEKLY Special 5

Daniel Heyman: Bearing WitnessAn lntmiUdpUnary exh./biUon sponsored by theOfjlceafthe Vfa..ProYostfortheAm, MclntiTe DepartmentafAn,

LawSchoolHumanR/ghlsProgram, lrutftute afLaw, PsychJtr1ryand PlibUcPoUt;y, and lrutltuteforPraA:tica1. Ethicsand PlibUc LifeRJJfjinHaU GallerythroughDecember2, Mo~l'ridcl,r9-Sand Wlthers-BrownHaU, U.va. SchoolafLaw

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We thank Dean Paul Mahoney and Associate Dean Liz Magill for their support

as well. And. special thanks are due to Taylor Fitchett:. the Director of the Law

LIbraryfor her financial supportfor theexhibition of Daniel Heyman's work and

for her personal effm1:lI to ammgethedisplay that hangs in the hallway of With­

ers Brown. Theprimary archttect of this program is ProfEssor Dean Cass, direc·

tDr of the Studio Art Progmm.. Dean mIggelIted our collaboration, snd brought­

Daniel Heyman's powe:rfulart to our attentiDn.

-Prof Deem Hurwia (if Prof. Richtmi J. Bonnie

troit, on Iraqi smtk=m oI:riboo 0 <OOb9np1oti."" _ ..memo!Ioo owIJl. ondeddy orouncl hIohNd. "They mode!Ill! J-P by hltlln& me wttb on oIectrI< mile prod•••~""" momory dtIc:Iamo,. and our own I>ftr-forIllo, __IIIiJrnIlBIm vIowI1 <:orbeI<eII 011 __y pull up Yiouol

~tIono _ ....,. qalbe gettIrI& It rJsht. w.mam to hIo "1"" £orcl_ fot gI/JnmeIo of who! he'........

And;Y. in !he deeplyh1UEllU1e oiJem:eof DonieI·. pc>%'­_ thour", reminded of Theodore G&h:ault <WI• Ie­

_ of po:ftro1to \hot he modeIn whIoh!he o:\tte:I:o' "l""........IgHm_ of onolherwtN hIddm. tnwma.

(lJ G6rIcUt, "to McI11l1111111 du tlIITIIII-'n. m1lt1n;181.9-20.all........ (R) Gayo,"Iho l:wIDdy all CIIm~11

DallIIltColfD',--.· c.181~ -Ire

Gtricoult and Goya _ twa """l'__

~ to the tnlumIl of the Nopolecmic wan. G&i­o:aulf. poaroiton tile left II typicoIIy _ to the'..............w of mIlItoryCO!lIDIIlUI. Tho.ltter ....... 1n­,,"poblo of moIdng IIJ"'"<'M'lod wttb the _. and tIuI

~ polnI hondlIns and - hIghHghtB~!he menIIII.torment within. Thopwtroit IIb>riII O1ltwith._ JlftOlIppoo!tlo;D thot the.".,. ..... window to!he oou1,bot thenttllbnotolyo:/Io1lons- the_ withlho Inocruto.blllty of~ ...bfoctMtl'. pmtl<:uIodyImder ow:h menbI1dureN.

Goya tItlecl !he IIIlIIll eIcldng "" the right "The ......tody of • __ not ...nfor tmtnro.~ It I!I 0180

DOferrecIto .. the "1lttIe pdo<mer" and It dates from. theIIIIIIIe deeade .. the DIoi>otc:m uf Wor,. o1&IDash It io natfomudIy 0 port of thot -. Goya <hoInot:i2Ied tm1mIoIhroughphyo!col oufl'er!D& and 0I.'cludecI foceo thoton­!hevtewer. "'&nfIkontdes-oftmogtnoltft~GtrlcwlI:~yrmdtndlmmedio.te_tlano,ond the topogrophy uf hIo.-&ceo,... If thIo russed_might yleId d_ into the poydtoIogk:ol dmIogeboneo.tb.

It wt>aIdbo ourprloIng ond inmlc to _ who IlVllllIhrough !he Nopoleanic WIIJlI to find O1lttho! we lIDWCO!lIdder Goya <WIGo!rIcaulttwo of the greoteot _

of theperiod.Theyhoveeomed.\hot~lnpo:t,-.... tIuIyoxpk>ndtIuI~_ of !he N...polecmIc WOlII In the dec:ade fo1lInring 1110 conclaolcm.The....J. tnlumIl bogino._~ on<! inIroopective_b .......... once tile immediate threat of violenceouhoIdoo.

And ...",., 0 dec:ade ofber Septemher 11, ondwell intothe ninth yeu of the Iraq Wu. we II1IYjuot becomIrI&to _ wllk """'" of the _ profound of thol<lCInlIIeL DonIIIlHoymon'. poinIIngo, It to mo, or1IIICIlIle of the _ to look deeply into the _ on<! .,.. of__..., ho"" l<nl,gId:. llnprIooned, on<! in """'"__ lOftUt<!d and obued.

GI!rIc:o"" "ScI.. all "''l1l\1lln laid ... (Iho IIII11l11\11 aIM1u1ll1lll_ InII IU • ...,mpl_1820, ..,c1I ..d _ til po.-. Rou..

rd 1lb to mncludoowtlh__ by Glllraull of.

hongins thot he wI_ in 1.Dnd<m in 1820. The ""'".... the pIIowo ...- ochuIlly amllpiroton opino! theBrWoh~ In ""hot hoi beeD termed the Co:to_ CoJIoplrocy. The deeper CIIm1II !II Gf:d<ault"....bfrd....- 10 thot oflndIvlduolo upmoted ond ul­timmly deotmyed by IIlOIl<IIrIrdIi uf one oad: or l1li­_. Geri<:ouII: ond DmIiel Heymon191I»Ur"ll'" _ BU:h

In Ihelr ...... way, to YI<Mthe Individual ""uaht up Inlorceo Iupr Ihon 1bemMl_ and oubfooted to monto1and phyolcologrmy. PaIltb io lngoIy bHldo tho pointin -. oituatiano ow:h .. thio. W<Ju1cJ. it ....- tDUI_G&Icoult".~ generolll:dvedlnouch. _ thooughRoyoliot or NopoleonIo1nclInatIono7n-.,-ngo _ <1m _ ...... of ohorfIdhmnIIIIity

and goadnoss.Only !he III<IJl<IJnIIII of polItblldeolnzy<lCIU1d blind WI to !he peroanol trollllllUl <IaicrIbed J-c.

I oloowontodto oondude with thlooketchbeco:uoe It_the ft!J' proaoo of-mg ondobo<lIdng. Ar\!Iur1ldstJowood ..-_y OIlt 01:lho __• both 1m-

yieIdlns ond hllunI1od.. The cunopirobor II! hio oIde hoo..u...dy -. c..-. obocurin& hio vloi<n1,bIIt on-­Ing the opocto.tor to mo1le out hit fodoI leoIureo. Andtho !hIrd.mnspIrotor clDoMhit "Y"" .. theho<Id10obmJl:tD bo dr.wn. The ooblef:i"" _ ttl which I _in my title _ initiolly _ .. thot which_hoft~ to .... <WIr<pftIIeIIIln the modern pEdod..Goy. and Gf:d<I.ull ore ex<>eplI<Imlln "'""l' ".YO forthot whI<h thoy m.- to ropr1IYnL Tho Yost moJ<>rtty of_ he"" -.fed tD .vert their _ from. the cWker

~ of.m<ldem ....m.n, and the iron fio! of the_ But II I lookedand thought mote corefuIlyobmJl:It-.worb by Goyo.Gtricoull,. and DonIoI Heymon. Ibog.mto lhlnkthottho ....""" own.

For .... tbin& it'. much _ to icxIk ot the .-...of !he put <WI _ thot .....""~ bey01'IIIthooe .....lIkeo.Goy.'. title."TheCuotody of. CZImIIIolIloM not c.u for Tortnro,~ ............ obvlauo, "" «1m­

plelIdy """"""'" to ocmtemp<>rary life, _ yel:W<!""juoIlived thrI>qho decu:Iein which~ ondextnumIimuy -..!ilion!ulve-'=_ydeIended..neceooory -Iegol.

ht __ III<ml fundomomtlll1y.... .- I<H>kIng 01:thooe who'..., been UDjUIIIIy <:<mdt9nned. Our wfIlIngneootD look io _y reIoted to our belief tho! Juotk:e hoobeen done. Thot....... to me to be the great provoca­tI<m of Glllrault". obtclI, In whim A>thur ThIsIJowood"""""YO on una!IJ' ...... thol jWllic>e hos mio<II.rrlod.. Wo_ in pIoceof the <:r<>wd. W. ore oupp....t to be the...,.....~ delnoIldlng thotJ-be I'e1'odered. ThIo­tleorood _ thepublIc'.proroptlve mel retumo our0<rII0Ing guo.

And when.<JlI 0I:CI0iwJ, !he <:aldeJnned "'"""IF toourvIve ond reIote Ihelr toleo. they become on o£frord;_ on emilorre.-onI. TheInItIIIplce of DontoI Hor-mon'._kllalnillo~inhio_lion

thot mo-.of-foet P"""""'" __ ito I>Wll tellinglndlo::tmellI.Fine art offero """ ......... ond otiIl • verylmpoftont ...... to InotIpIe I dloIogue with oubjecto from.whom WI! mf&ht I:JI>l"'-Ill' tum 'WOl'. Tho dfIpth of lillypolntlng". em"thy _ Inolgbt io II!tImol2IycandlticJr>.01,. however. lipan""" 0WIl wiIIlrIw- to look and .....