winter 2018

NortheasternNortheastern University School of Law Magazine | northeastern.edu/law Law

One in a Hundred The odds aren’t in her favor, but it’s still worth betting on Senator Maggie Hassan ’85. Winter 2018

Donald Cabell ’91 is a munificent mentor in the law school’s co-op program.

16 Photograph by Kathleen Dooher C being anything else. public interest lawyer. Nowshecan’t imagine Brill’15wasn’tAlissa looking to becomea ors RaisetheBar F 20 16 12 over photograph by ChrisHartlove EAT

Security Sol Ment One inaHundr hackers? ByElaineMcArdle personal information from today’s omnipotent Who shouldbear theburden to protect your into lawyers. ByAndrew Faught transforming Northeastern law students playCo-op supervisors acriticalrole in By Jeri Zeder betting onSenator MaggieHassan’85. The odds aren’t inherfavor, butit’s stillworth U RES d Separately ed An EPICco-opfor Siri Nelson’19 30

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aculty News s Briefs ’s Message 40 30 25 32 10 10 10 2 3

By ElisabethRyan Let’s GetFewer People to Die Alumni/ae W Sw Pr In Memoriam Class Not Basaria ’12PavingProfile:Saraa theWay 32 The Accidental Advocate T Meltsner, Fulbrights for Davis andWoo Sessa andSocialJustice, Celebrating Washington, DC—AnnaMariaAnnino’19 DiegoSan —Andrew ’18 Hart Washington, DC—SiriNelson’19 Fall 2017lectur ExamSuccess... Bar Justice NanDuffly, RosenbloomandAlbright, Success The Measure of Adjourn Class Actions On theHouse F Co-op Matt New Dean alking theTalk 29 ofile: Vivienne Simon ’77 ofile: ’77 Vivienne Simon eet Disobedience35 es 33 eekend 38 ers 34 es andconferences 8 29

pep montserrat dennis drenner Dean’s Message northeastern.edu/law/magazine Northeastern Law Winter 2018 | Vol. 17 • No. 1 Editor Deborah Feldman The Measure of Success Associate Editor Maura King Scully Contributing Writers y almost every measure our law Our always stellar faculty is contributing Elaine McArdle school’s ascent is not merely significantly to sound approaches to fighting Jeri Zeder continuing, it’s accelerating. Our bar opioid overdose; providing health care and other Class Notes Editor pass rate in for first- services to immigrants; battling obesity; and Siobhan Fanning time takers on the July test exceeded securing reproductive freedom. In April, the B90 percent, placing us second in Massachusetts. Center for Health Policy and Law will host a Art Director Applications for our JD program are up nearly national conference on Diseases of Despair, Mark Gabrenya 15 percent, and we are doing even better with featuring Rep. Patrick Kennedy; Dr. Michael Please send editorial students with strong academic credentials. The Fraser, executive director of the Association of correspondence to: class of 2017 is thriving in the job market, and we State and Territorial Health Officials; and Michael Deborah Feldman have almost doubled last year’s number of Botticelli, executive director of the Grayken Center Director of Communications summer positions secured in our on-campus for Addiction Medicine. Our Center for Law, Northeastern University School of Law interview program. We continue to earn top 416 Huntington Ave. national rankings for practical training and public , MA 02115 interest law from The National Jurist as well as for “ ... true victories come lawcommunications@ our health law program. Our new Immigrant from using the law to northeastern.edu Justice Clinic is up and running, kicked-off by an improve the lives of our Postmaster and readers: event headlined by Marielena Hincapié ’96, Send address changes to executive director of the National Law Center. We neighbors and the health Office of Development and Alumni/ae Relations have dedicated and talented new leaders running of our communities.” Northeastern University our admissions, co-op and development efforts. School of Law Above all, we just hired two truly outstanding 416 Huntington Ave. teachers and scholars to join the faculty in July. Innovation and Creativity (CLIC) is powerfully Boston, MA 02115 [email protected] Yet while we rejoice in the many ways the law explaining why traditional notions of privacy are school is winning better numbers, everyone at not up to the task of protecting personal data. And © 2018 Northeastern University School of Law. Printed Northeastern understands that true victories our Center for Public Interest Advocacy and in USA. Northeastern Law th come from using the law to improve the lives of Collaboration is planning the law school’s 50 magazine is published our neighbors and the health of our communities. anniversary celebration, focused on defining semiannually by Northeastern This spring the law school will lead an Open public interest legal careers for the 21st century. University School of Law. All publication rights reserved. Classroom for the Boston community aimed at All of this fabulous work takes extraordinary explaining the rule of law to many staggered by commitment from our faculty and staff, and it is Opinions expressed are those of the authors or the pace of change. This fall, Associate Dean an honor to lead such a rare and accomplished their subjects and do not Martha Davis helped her seminar students submit group. Of course, our successes also depend on necessarily reflect the comments on core human rights issues to the support, financial and otherwise, from graduates views of Northeastern UN Special Rapporteur on extreme poverty and and friends. To seize the opportunities ahead, we University School of Law human rights. Our NuLawLab won a $200,000 have never needed you more. Thanks for all you or Northeastern University. Northeastern Law magazine grant from The Kresge Foundation to partner with do and best wishes for the coming year. welcomes comments. Boston’s Office of Housing Stability to study and help remedy problems facing those evicted from their homes. Our Civil Rights and Restorative Justice Project continues to build a world-class archive documenting the trauma of murder that plagued the African-American community in the Jeremy Paul American South between 1930 and 1970. Dean and Professor of Law

→ Letters Comments? Kudos? A point you want to make (or three)? Send letters to Northeastern Law magazine, 416 Huntington Ave., Boston, MA 02115, or email to [email protected].

2 Northeastern Law Winter 2018 Brooks Canaday News Briefs

When I agreed to the appointment, I hoped it would suit “ me and I would suit it, and both are true as it turns out. I love the teaching. I even love the meetings. — Justice Fernande” (Nan) Duffly

A Good Judge of Character Justice Fernande (Nan) Duffly, who retired from the Massachusetts Supreme Court (SJC) in 2016, is bringing her 25 years of bench experience, personal story as a Chinese-Dutch refugee from Indonesia, and historic appointment as the first Asian-American member of the SJC, to Northeastern this year as a visiting professor of law. Duffly was drawn to the law school’s public interest mission. “You worry about equipping new lawyers in this complicated, complex society,” says Duffly, who is teaching civil procedure and family law courses. “This is an opportunity to help future lawyers understand that they can make a difference in advancing and promoting the public interest.”

Photograph by Kathleen Dooher News Briefs

Rosenbloom, Albright Discuss Refugee Crisis at Clinton Global Initiative

More than a thousand students, thought leaders and dignitaries from around the world convened at Northeastern University in October for the 10th annual Clinton Global Initiative University. Students from 90 countries and 250 universities participated in the three-day

program, which included a discussion of the sity ver

global refugee crisis moderated by Professor ni U Rachel Rosenbloom and featuring former n er t

Secretary of State Madeleine Albright; David as he Miliband, founder and CEO of the International t Rescue Committee and a former Secretary of her, Nor

State for Foreign and Commonwealth Affairs in ap ogr the UK; and Sarahi Espinoza Salamanca, t founder and CEO of Dreamers Roadmap and an Pho aff t

immigrant herself. S o, n

In her remarks, Rosenbloom explained that oo d more than 250 million people live outside of their countries of birth. While the majority of hew Mo att that population moved by choice, a significant M number are fleeing war, persecution and the Professor Rachel Rosenbloom (left) in conversation with former Secretary of State Madeleine Albright often-devastating effect of climate change on (second from left), David Miliband and Sarahi Espinoza Salamanca. their homes. she was a refugee who ultimately served as the to tackle some of the world’s biggest challenges. The scholars encouraged students to focus nation’s secretary of state. “That’s what this Participants heard from former President Bill on the people behind these waves of migration country is all about.” Clinton, Clinton Foundation Vice Chair as a means of affecting positive change. The program was packed full of seminars, Chelsea Clinton, US Rep. Joseph Kennedy III, “We have to recognize people behind the workshops and panel discussions intended to Northeastern President Joseph E. Aoun immigration crisis,” said Albright, noting that serve as a catalyst for innovative social action and others.

Northeastern Aces State Bar Exam New Health Center Blog Northeastern law graduates taking the Tracks Policy Developments Massachusetts bar for the first time last 100% July surpassed students of both Boston 90.3% 88.9% 87.1% University and Boston College, the first The School of Law’s Center for Health Policy and Law, in time that’s happened in eight years. conjunction with the George Consortium — a national Dean Jeremy Paul credits the high pass network of public health law scholars, experts and rate to the school’s decision last spring to practitioners — has launched Public offer one-on-one bar prep sessions led by Health Law Watch, an initiative Kandace Kukas, who joined the law school focused on surveilling legal and in the new position of assistant dean and policy developments at the national director of bar admission programs. and local levels. A key feature of the initiative is a blog that will help “Kandace worked tirelessly with our Harvard Northeastern College Boston University Boston students supplementing the bar course elevate public health issues to the delivered with help from BARBRI. I have no doubt her efforts played a key role in mainstream conversation, while also our students’ improvement,” said Paul. “Another significant factor in readying providing meaningful commentary our students for the bar was the recruitment of an outstanding group of and analysis, as well as policy recommendations on topics full-time professors to lead the first-year courses in legal writing and research including tobacco regulation, drug policy, public health and oversee the social justice projects. The 2017 class was the first to benefit funding, reproductive and sexual health, gun violence and from the full complement, and we expect the emphasis we now place on skills more. The blog is curated by the center’s inaugural fellow, instruction in the first year to pay dividends for years to come.” Elisabeth Ryan. (See related story, page 40.)

4 Northeastern Law Winter 2018 News Briefs

Leading Voice on Health Policy Joins Center for Health Policy and Law

Dr. Gregory Curfman, a cardiologist and Alosa Health, a national leader in developing medical researcher who served as an editor at and implementing academic detailing The New England Journal of Medicine for nearly programs to improve prescribing. He is also three decades, has joined the law school’s Center health policy and law editor of JAMA Internal for Health Policy and Law as research and publi- Medicine and former editor-in-chief of Harvard cations director and physician scholar. Health Publications. He is a member of both Curfman brings extensive medical, research AcademyHealth and the advisory council of

and editorial experience to this role. In partic- the Institute for Clinical and Economic Review. sity ular, he will continue his scholarly writing, Curfman served as an editor at The New ver ni U work closely with the student law review and England Journal of Medicine for 28 years, n er t other publications to expand the impact of the including 14 years as executive editor. He has as he university’s health policy and law research, authored or co-authored nearly 100 articles in t and help organize various events and activities peer-reviewed or other scientific and medical her, Nor at the Center for Health Policy and Law. publications; won numerous awards, including ap ogr “I’m excited to have this opportunity,” the Alvarez Award for Medical Journalism t

Curfman said. “I think it’s a great fit, and I’m from the National Medical Writers Association; Pho aff t very interested in carrying this work forward.” testified before Congress; and assisted in , S man

In addition to his role at the center, Curfman writing amicus briefs to the US Supreme Court z an l G holds a faculty appointment with Harvard on matters related to medication use.

Medical School and is chief medical officer of — Greg St. Martin dam A

Northeastern Faculty and Lebanese Judges Explore Alternatives to Incarceration

A delegation of Northeastern faculty Jean Fahed, Minister of Justice Salim members traveled to Beirut in late Jreissati and Prosecutor General Samir September to help Lebanon’s Higher Hammoud to design a program that Judicial Council explore the possibility would shed light on the pros and cons of using plea bargaining as a tool to of plea bargaining. The practice is alleviate the nation’s overcrowded commonly used in the US to streamline prison system. Law school professors case processing and reduce prison over- Margaret Burnham and Daniel crowding, but it would be new in Medwed joined with Jacob Stowell, an Lebanon, where prisons are filled to associate professor of criminology and nearly twice their capacity. criminal justice, in a two-day justice The Northeastern experts led two o t

ho sessions on plea bargaining and met

seminar to discuss the ins and outs of p

sy e the practice, whose roots date back t with colleagues. “Here in the US, plea r u o

several hundred years. The US c bargaining has been a useful tool as well Department of State’s Bureau of From left to right: Jacob Stowell, associate professor of criminol- as a corrupting force in criminal justice International Narcotics and Law ogy and criminal justice; Tim Leshan, vice president of government administration,” said Burnham. “Our Enforcement Affairs sponsored the relations at Northeastern; Jean Fahed, head of Lebanon’s Higher job was to highlight the pitfalls and seminar, which was attended by a score Judicial Council; law professor Margaret Burnham; law professor benefits as we have experienced them, of prominent Lebanese judges, lawyers Daniel Medwed; and Khushal Safi, associate director of interna- and to compare our common law tional security at Northeastern and academics. system, in theory and as practiced, with “It was a pleasure and a privilege to partici- Judicial Council — a partnership aimed at recent innovations in civil law systems that do pate in the seminar,” said Medwed, a leading reforming the Lebanese judicial system. In not have a history of plea bargaining, such as scholar in the field of wrongful convictions. “As September 2016, the university hosted a dele- South Africa, France and Germany. The an academic, I seek to blend theory and gation of Lebanese judges who had the Lebanese judicial officials are concerned about practice, and the possibility of being able to opportunity to experience US law in action backlog, the fair treatment of a swelling help implement some theories is very exciting.” through courtroom visits and meetings. immigrant population and public trust in a The seminar marked the second collabo- At this fall’s seminar, Northeastern worked system of negotiated sentencing.” ration between Northeastern and the Higher closely with Higher Judicial Council President — Jason Kornwitz

Winter 2018 Northeastern Law 5 Kresge Foundation Awards $200,000 Grant to NuLawLab

The Kresge Foundation has awarded a rebuilding and reinvigorating metropolitan $200,000 grant to the law school’s NuLawLab areas. “We are honored to be partnering with to support a local housing stability initiative, The Kresge Foundation and OHS on this vital Stable Ground. The award will enable work, and are looking forward to merging art NuLawLab and Northeastern-affiliated and law to advance the conversation around partners to address the complex relationship housing stability,” said Dan Jackson ’97, among chronic housing insecurity, its psycho- executive director of the NuLawLab. logically traumatic impact, and municipal Joining NuLawLab and OHS for Stable housing policy through participatory commu- Ground are the law school’s Domestic Violence nity-based art and culture programming that is Institute and Public Health Advocacy Institute structured to support the work of the City of through its Violence Transformed program, an Boston’s Office of Housing Stability (OHS). annual series of visual and performing arts OHS aims to promote housing continuity events that celebrate the power of art to through housing preservation and tenant confront, challenge and mediate violence. stabilization; offering Boston residents Stable Ground will place artists, law school housing crisis support; providing information students and trauma experts into community about tenant and landlord rights and responsi- and municipal government settings to collabo- bilities; developing new programs and ratively generate outcomes that contribute to ooher d resources; and researching, drafting and local visual and performing arts. These events, implementing policies designed to prevent to be held this spring, will include facilitated n hlee at displacement and keep communities intact. conversations among artists, residents, k The Kresge Foundation is a private, national activists, organizers, experts and municipal NuLawLab Creative Director Jules Rochielle foundation that works to expand opportunities leaders. All of the project activity will be struc- Sievert has been named a 2018 Creative in America’s cities through grant making and tured to support existing OHS services and Placemaking Policy Fellow at Arizona State social investing in arts and culture, education, those in development. The grant will also University’s Herberger Institute for Design and environment, health, human services and support three Northeastern law students who the Arts. Her appointment will, among other community development. This grant has been will spend one quarter on co-op as “legal benefits, connect NuLawLab’s Stable Ground awarded in furtherance of Kresge’s Arts and designers” with community-based artists in project to national thought leaders in the field Culture Program, which seeks to make arts and support of the project’s goals. To learn more, of creative placemaking. culture a component of equitable strategies for visit stablegroundboston.org.

Welcome New Leaders for Admissions, Development, Bar Admission

This fall, the law school welcomed Sarah programs. She is respon- Rethage to campus as assistant dean of admis- sible for designing, sions, Meghan Hallock as director of administering and over- development and alumni/ae relations, and seeing the law school’s Kandace Kukas as assistant dean and director bar examination prepa- of bar admission programs. ration efforts and Rethage came to Northeastern from activities, including Duquesne University School of Law, where she teaching classes, coun- was assistant dean and executive director of seling bar applicants Sarah Rethage Meghan Hallock Kandace Kukas enrollment management. She holds a JD from and working with Hastings College of Law and has held positions College in Henniker, New Hampshire. A students on an individual and group basis. She of increasing responsibility within the law graduate of William & Mary School of Law, she holds a JD from Suffolk University Law School school admissions world, including positions served as an assistant district attorney in and has worked in test preparation and bar with Yale Law School, the University of Chicago Worcester, as a litigation attorney at Bowditch review since 1995. (See related story, page 4.) Law School and Northwestern University & Dewey and as a grant administrator at the “We are fortunate indeed to have attracted Law School. Worcester Housing Authority. such talented and experienced professionals to Hallock previously served as associate vice Kukas is in the newly created position of our community,” said Dean Jeremy Paul. “Their president of development at New England assistant dean and director of bar admission leadership is already invaluable.”

6 Northeastern Law Winter 2018 National, Local Organizations Honor Stand-Out Students

Congratulations to our many outstanding pro bono contributions to society, and recog- students who received awards and honors this nizes the significant contributions that law fall. Among the many recipients of accolades: students make to underserved populations, the Jen Rasay ’18 and Sherelle Wu ’19 won the public interest community and legal education Northeast regional round of the Thomas Tang through public service work. PSJD, an initiative National Moot Court Competition, sponsored of NALP, is an online clearinghouse that annually by the National Asian Pacific enables law students and lawyers to connect American Bar Association Law Foundation with public interest job listings and career (NAPABA). Rasay also won best oralist at resources. Brown was lauded for advocating Alvin Carter III ’17 Lydia X.Z. Brown ’18 the competition. for individuals with disabilities, LGBTQ people This fall, Alvin Benjamin Carter III ’17 and people of color across the country before received the 2017 Jan Jancin Award, presented and after law school. Brown is the author of a annually by the American Intellectual Property new book, All the Weight of Our Dreams. Law Association. The award recognizes law At Massachusetts Lawyers Weekly’s Top students who have exemplified excellence in Women of Law event in November, Devan intellectual property academic studies and Braun ’18 was honored as the Top Women of who are interested in pursuing careers in intel- Law Leadership Scholarship recipient in recog- lectual property law. An entrepreneur at heart, nition of her volunteer research for the ABA Carter is the innovation director of the Hiphop regarding unaccompanied, non-citizen minor Archive and Research Institute at Harvard immigrants, and her leadership of several of Devan Braun ’18 Bianca Sena ’18 University and founder of the Combat Sports the law school’s student groups, including the Hall of Fame. Carter has accepted a post-grad- Environmental Law Society and Women’s Law for her essay, “Strategies for Competitive uate position with Brown Rudnick, where he Caucus. After graduation, she will clerk with Advantage: The Steel Industry and spent a co-op as a summer associate. Justice of the Massachusetts International Trade.” This nationwide The 2017 PSJD Pro Bono Publico Award Supreme Judicial Court. competition is administered by Brooklyn Law went to Lydia X.Z. Brown ’18. This prestigious Bianca Sena ’18 took second prize in the School and the Customs and International award honors one law student nationwide for Andrew Vance Memorial Writing Competition Trade Bar Association.

Students and Community Partners Inform UN Special Rapporteur

When Professor Philip Alston, the United submissions that will have a real-world impact advocacy partnership has been forged between Nations Special Rapporteur on extreme when the Special Rapporteur reports on our firm and the law school’s Program on poverty and human rights, made his official human rights and extreme poverty in the US.” Human Rights and the Global Economy.” visit to the in December, he had Topics addressed included water unafford- The submission on behalf of the National in hand five submissions prepared by students ability and the tax lien system in Baltimore, Coalition for a Civil Right to Counsel noted that in Professor Martha Davis’ seminar on Human Maryland; racial impacts of water unafford- “access to justice is a critically important Rights Advocacy in the United States. Students ability in Boston; the new water affordability human right” and focused on several key areas prepared these submissions on behalf of the plan in Philadelphia; the impact of lack of where lack of civil counsel has a devastating law school’s Program on Human Rights and access to justice on children in New Mexico; impact: domestic violence, debt collection and the Global Economy and five community and the need for broader rights to counsel in immigration. The submission cited recent data partners: the National Coalition for a Civil civil matters. from the Legal Services Corporation and Right to Counsel, Community Legal Services of “Affordability of, and in turn access to, water National Opinion Research Council at the Philadelphia, Maryland Legal Aid, New Mexico is a basic and fundamental human right, yet University of Chicago concluding that in 2016, Legal Aid and the Color of Water in Boston. too often, that right is compromised for our 86 percent of the civil legal problems reported “With the students’ help, organizations that Baltimore city client population, often elderly by low-income Americans were met with inad- otherwise would not have the resources to homeowners on fixed incomes,” said Shawn equate or no legal help. submit input to the Special Rapporteur were Boehringer, chief counsel of Maryland Legal The Special Rapporteur is an independent able to highlight a number of important Aid. “We greatly appreciate Northeastern expert appointed by the UN Human Rights human rights issues for his visit,” said Davis, reaching out to Maryland Legal Aid to assist in Council. Alston, who traveled across the an expert on human rights. “This is an bringing this important issue to the attention country during his visit, invited all interested excellent example of experiential education in of the Special Rapporteur. The research and parties in the United States to provide input action, with students interacting directly with writing of the students assigned to the project prior to his arrival. Approximately three dozen their partner organizations to prepare was top notch, and hopefully a continuing organizations submitted letters.

Winter 2018 Northeastern Law 7 News Briefs

Property Works in Progress Hear a Lecture, There a Lecture 〈 9.14.17 〉 This national workshop brought together leading property law professors for presentations and Fall 2017 Lectures and Conferences discussions of papers concerning property law and theory. The annual workshop provides scholars with opportunities to present academic works in progress Gordon Lecture as well as early stage work, providing an intimate How to Change a “Broken System” forum for the exchange of ideas and the receipt of early feedback from colleagues. 〈 9.5.17 〉 The annual Valerie Gordon Human Rights Lecture featured Bryan Stevenson, best-selling author of Just Mercy and founder of the Equal Justice Initiative, an Alabama-based group that has won major legal challenges eliminating excessive and unfair sentencing, exonerating innocent prisoners on death row, confronting abuse of the incarcerated and the mentally ill, and aiding children prosecuted as adults. “As humans, we are biologically programmed

to do what’s comfortable,” Stevenson said, “but to er if change the world, to create justice, we have to do le id v jian a

uncomfortable things.” Stevenson spoke at the invita- d ek m k tion of the law school’s Program on Human Rights and E Professor John Lovett of Loyola University New the Global Economy and the Northeastern University h Orleans College of Law spoke about good faith in atc er

Honors Program. H Louisiana property law.

Daynard Distinguished Visiting Fellows Program NUSL and the Northeastern Criminology and Civil Rights and Restorative Justice Project Evolution of Prosecution: Criminal Justice Graduate Student Association Resurrecting Their Stories: 21st Century Criminal Justice Race, Justice and Reform: Reception A Community-based Oral 〈 9.25-27.17 〉 Adam J. Foss, a former assistant district with Chief Justice History Project attorney in the Juvenile Unit of the Suffolk County 〈 10.20.17 〉 To complement her class on Race, Justice and 〈 10.20-21.17 〉 This event, held in Birmingham, District Attorney’s Office in Boston, spent three days Reform, Professor Deborah Ramirez invited her husband, Alabama, brought together the law school’s Civil at the law school in September as a Daynard Chief Justice Ralph Gants of the Massachusetts Supreme Rights and Restorative Justice Project (CRRJ) Distinguished Visiting Fellow. Foss is a fierce advocate Judicial Court, to meet with her students and other with leading voices in the quest to explore, for criminal justice reform and the importance of the members of the law school community. Gants spoke about record and remedy racial violence in the South role of the prosecutor in ending mass incarceration. the need for criminal justice reform, arguing that the current between 1930 and 1970. This was the second of His belief that the profession of prosecution is ripe for system is racially disparate, ineffective and expensive. Gants three events (the third will be held later this reinvention through better incentives and more advocated providing each defendant with an individualized, year) that included interviews of local residents measurable metrics for success beyond “cases won” judicially crafted sentence that reflects the magnitude of the who shared stories, letters, photographs and led him to co-found Prosecutor Impact, a nonprofit offense and the defendant’s role in it as well as the defen- newspaper clipping documenting racial that develops training and curriculum for prosecutors dant’s prior criminal history. Gants is on record supporting violence. Speakers included leading academics, to reframe their role in the criminal justice system. the abolition of all mandatory minimum sentences. He also advocates, historians and A.C. Roper, chief of supports bail reform and the abolition of fines and fees that the Birmingham Police Department. the defendant is financially unable to pay.

New England Chapter of the Copyright Society of the USA and Northeastern University School of Law’s Center for Law, Innovation and Creativity (CLIC) er if Social Influencers: Copyright, le id v Publicity and Contracting da Foss’ visit included a roundtable discussion about 〈 10.30.17 〉 In this lively conversation, attorney the role of prosecutors. Participants included (from Amanda Schreyer, counsel with Morse Barnes- left) the Honorable ’73; Stanley Brown Pendleton, and influencer agent Maria er

Vargas, who met Foss when Vargas was in juvenile if

le Guerra, executive vice president of Influence detention and, with Foss’ help, re-directed his life id v

a Central, spoke about how social influencers — and is now a college student; Adam Foss; and Ronald d Odam, Sr., who lost his 13-year-old son to gun Chief Justice Ralph Gants (seated) and his wife, Professor those who persuade others to click, watch and violence and now advocates for forgiveness, not Deborah Ramirez, introduced their trusty canine, Tig, to buy — form business relationships with brands retribution, as part of the healing process. The panel Professor Michael Meltsner at the reception following and must navigate constant changes in intellec- was moderated by Professor Rose Zoltek-Jick. Gants’ speech. tual property and internet law.

8 Northeastern Law Winter 2018 News Briefs

Center for Health Policy and Law A highlight of the conference was a city Making Good Health Policy by tour designed to Practicing Good Health Law explore the “social urbanism” for which 〈 10.30.17 〉 Stephen Rosenfeld, health care attorney Medellín has become and advocate, delivered the Center for Health Policy famous in the past and Law’s annual health law lecture in October. two decades. Led by Rosenfeld has a rich history advocating for health historians and urban care consumers in Massachusetts and beyond. He is a experts, the tour focused on the founder of Health Law Advocates (HLA), a nonprofit L

NA transportation

public interest law firm dedicated to gaining access ER

B barriers poor people O

to health care for a variety of vulnerable populations D E face in many urban in Massachusetts. He has served in numerous settings in obtaining ID CAIC positions within HLA and its sister organizations as V access to labor well as the boards of Massachusetts Advocates for market participation. AN DA

Children and Commonwealth Care Alliance. Rosenfeld JU stressed the importance of the Employee Retirement Program on Human Rights and the Global Economy Income Security Act of 1974 (ERISA), and noted, “We have gone from absolutely horrible to only pretty bad” International Social and Economic Rights Project (iSERP) Meets in Colombia for plaintiffs seeking health benefits guaranteed 〈 11.2-4.17 〉 iSERP, a global consortium of judges, populism and anti-immigrant sentiment in Europe, under ERISA. lawyers, human rights advocates and legal academics India, the US, Chile, South Africa and other parts of the who critically examine the effectiveness of social and world was a major topic of conversation in numerous economic rights law in promoting real change in panels,” said Klare. peoples lives, came together in November at Universidad EAFIT, in Medellín, Colombia, for a discussion of the trajectory of Latin American social constitutionalism, particularly on the question of land rights and indigenous peoples. iSERP is a project of g the law school’s Program on Human Rights in the

mannin Global Economy (PHRGE). Previous gatherings have el a

h been held in Boston, Bogotá, Bellagio, Delhi, London

mic and Pretoria. Conference conveners professors Lucy Williams and Karl Klare, along with PHRGE executive director Kevin n Program on Human Rights Murray, joined experts from across the globe in o bins

analyzing the new human rights and land rights court o and the Global Economy R created by the peace accord ending the civil war in o C. na

Securing Land Rights in the Era of Colombia. Joe Oloka-Onyango, a distinguished e H Land Grabbing: The Role of a Land Uganda human rights lawyer, made a featured presen- Professors Karl Klare (left) and Lucy Williams with Tenure Security Index tation on the current status of social and economic PHRGE executive director Kevin Murray on Medellín’s rights issues and conflicts in East Africa. famed Metrocable. Medellín’s cable cars allow th 〈 12.7-8.17 〉 The 12 annual Human Rights Institute “The impact of current political trends on social and residents living on the slopes of the Andes to travel sponsored by the Program on Human Rights and the economic rights, such as the rise of right-wing quickly and relatively inexpensively to the center city. Global Economy (PHRGE) focused on land rights and proposals to develop a Land Tenure Security Index as a tool to help vulnerable rural populations secure their land tenure. Leading the institute was PHRGE Visiting Northeastern University Law Review Scholar Alfred Brownell, a Liberian human rights International Law, Local Justice: Human Rights Transformed lawyer who founded Green Advocates, Liberia, and has worked on human rights and environmental law at A Symposium in Honor of Professor Hope Lewis national, regional and international levels. 〈 11.17.17 〉 Before her untimely death in December Professor Harold 2016, Professor Hope Lewis was at the forefront of Koh of Yale Law initiatives to theorize the relationship between human School, one of the rights and the new global economy, to identify best country’s leading Office of Alumni/ae Relations practices for her colleagues in government and the experts in public advocacy community, to address racial inequality and and private Labor and Employment Panel international law, to further develop the now flourishing socio-economic national security and Reception rights dimension of human rights discourse. This law and human 〈 11.30.17 〉 The annual Labor and Employment Panel symposium explored the impact of Lewis’ work and rights, delivered and Reception included two discussions this year: illuminated the role human rights principles can play the keynote Working Around Uncertain — or Unfavorable — in protecting people from the volatility and extractive address. ro

Courts, Agencies and Congress, and The Google excess of inadequately regulated global markets. This api Sh Dilemma — Balancing Diversity, Protected Speech event also marked the launch the law school’s Center d for Public Interest Advocacy and Collaboration. rol and a Workplace Free of Hostility. Ha

Winter 2018 Northeastern Law 9 Co-op Matters

An EPIC Experience For Siri Nelson ’19, there are few issues more pressing today than Nelson was the 2017 recipient of the Valerie Gordon Award, human rights and individual privacy in the age of technology. presented each year by the law school’s chapter of the Black Law “Attention from every field of law is required to prevent techno- Students Association, for her essay, “Black Lives Matter in Every logical advances from continuing to threaten Town: An Argument for Scaling Up Existing Reconciliatory Vitals the future of individual privacy, and the civil Practices in the United States.” Siri Nelson ’19 liberties which democracy relies on and Last April, she served as conference director for “How to Get It Co-op at Electronic privacy protections preserve,” says Nelson, Done: Where Legal Power Meets People Power,” designed to Privacy Information who is planning a career in cyberlaw. connect law students, activists and members of the Boston Center This fall, Nelson completed a co-op with the community in order to strategize and develop the skills needed Washington, DC Electronic Privacy Information Center (EPIC) to take action on pressing social issues. in Washington, DC, a nonprofit on the front While EPIC’s contribution “is to bring issues of privacy to the lines of protecting privacy and civil liberties in the digital age. Her forefront,” Nelson says it will take a collective effort on the part of projects included examining the privacy rights of recipients of many organizations, lawyers, civil libertarians and citizens — and DACA (Deferred Action for Childhood Arrivals). “The government the first step is making sure people understand how vulnerable collected massive amounts of information from DACA recipients, individual privacy is today. “That’s why it’s important to put forth telling them it would not be used against them for immigration these privacy issues and allow there to be discussion about what’s enforcement — and now it’s shaky as to whether that is protected,” at stake,” she adds. she says. — Elaine McArdle

Photograph by Dennis Drenner idson v On co-op with the DA’s Vitals kris da Andrew Hart ’18 office, I am conducting “ Co-op with San preliminary hearings and Diego County District Attorney arguing motions in front of a judge, including putting on direct testimony, cross- examining witnesses and making closing statements. I’ve been pleasantly surprised at the personal investment that DAs make in their cases and in their team. It’s the most engaging work I have ever done, and I could not have asked for a better support system than these attorneys.”

When I applied for this co-op, “ I didn’t expect that I would be dennis drenner researching Lebanese and Greenlandic copyright law, but the Library of Congress is immensely varied in its reach. It’s more than books — collections include art, maps, photography, newspapers, recordings and websites, and they each come with their own legal issues. While I’m researching and drafting memos that are typical of any government agency, such as employment law and contracts, I’m also working on issues that Vitals are unique to the Library’s Anna Maria Annino ’19 mission of collecting, preserving Co-op at Library of Congress and providing access to historic Washington, DC and contemporary works.” One in a Hundred

The odds aren’t in her favor, but it’s still worth betting on Senator Maggie Hassan ’85.

By Jeri Zeder

12 Northeastern Law Winter 2018 Photograph by Chris Hartlove

wheelchair lift coming down, off he goes 2002. She lost, 46 percent to 54 percent. to school — and really being struck by the But: “She quickly got the reputation as the difference that advocates and lawmakers one to watch,” says Karen Prior, Hassan’s had made, not only for Ben, but for our long-time friend and chair of that and entire family and our capacity to live like subsequent campaigns. Hassan ran again any other family,” says Hassan, who also in 2006, this time winning 52 percent to has a daughter, Meg, 24. “That under- 48 percent, held the seat for six years, and standing really helped to crystalize the served for a time as Senate Majority importance of public service in the lives of Leader. Perhaps Hassan’s greatest everyday Americans.” accomplishment was pushing the New Hampshire legislature to legalize marriage equality. She lost reelection during the The Making Democratic “shellacking” of 2010 as Republicans gained control of the State of a Senator Senate. Her response? “She just doubled Hassan was born February 27, 1958, in down,” says Prior. “She took the time to Boston, Mass., the daughter of Margaret step back a bit, evaluate the next steps in Byers, a high school history teacher and her career, and to regroup, reflect and leader of her local League of Women spend time with family.” Voters chapter, and Robert Coldwell Wood, The result of that soul-searching was a t’s midafternoon on a who once served as superintendent of decision to run for governor. She was balmy October day in Washington, DC, Boston Public Schools, as president of the handily elected in 2012, and, in a closer and US Senator Maggie Hassan ’85 is University of Massachusetts and as race, re-elected in 2014. In June of 2015, leaving her office on the third floor of the under-secretary and later secretary of the in a showdown with the Republican- Hart Senate Office Building to get to the US Department of Housing and Urban majority legislature, Hassan vetoed an Dirksen Senate Office Building for a Development, which he helped found $11.3 million state budget over tax breaks hearing. Her steps are purposeful — she’s during the Johnson administration. to businesses. Republicans said the breaks not late, but neither is she early — and as Hassan grew up in Lincoln, Mass., would stimulate the economy. Hassan she rounds the hallway corner, she unex- graduated from Brown University in 1980 said the millions in lost revenue would Ipectedly encounters a clutch of lobbyists. and married her classmate Thomas jeopardize basic public services. She “Little Lobbyists,” to be exact. They are Hassan. Invited by the law school to signed a short-term fix to keep the govern- parents who bring their children with deliver the commencement address in ment going and worked on a compromise special needs to Capitol Hill to advocate 2013, she noted in her speech that her budget. “She handled that in a very for health care, and they are clearly fans of co-ops focused on the rights of inmates. pragmatic and consensus-building way,” Hassan. Hassan stops and fusses over the “It’s hard to overstate just how significant says New Hampshire State Senator Donna children’s gifts of crayon pictures and the co-op program was in my development Soucy. “She met with legislators over and illustrated stories. Someone requests a as a lawyer and as a person,” she told the over again. In part through sheer force photo. The children gather around. new graduates. Co-op taught her “that of will, in part through a lot of communi- Hassan crouches down, providing a problem solving, teamwork and cooper- cation, a lot of listening, she was able to perfect seat that a child climbs onto. ation are all far more important and bring the legislature back and draft a Another child lays down on her tummy useful in life than all-out competition. And budget that an overwhelming majority beside Hassan. Cell phone cameras mate- it helped me learn that the law is about could embrace and move forward with.” rialize, everyone smiles and then the real people, real lives, not just intellectual The compromise budget reshaped the moment melts away. The senator bids her principles,” she said. tax deductions. One round of deductions farewells and resumes course. After law school, Hassan practiced in would occur in 2016, and the second Hassan knows the life of these families large Boston law firms and as in-house round would occur two years later only if because she lives it herself. Her son, Ben, counsel to a major Boston hospital. With state revenues reached certain targets. The 28, was born with cerebral palsy and lives Tom on the faculty of Phillips Exeter, the budget also included funding for many of with severe physical disabilities. Ben’s couple lived in New Hampshire with Hassan’s priorities — mental health, needs launched her political career. their children. A volunteer for schools and substance abuse, economic development “When we began to learn how significant nonprofits with expertise in education and public safety — though at lower levels Ben’s challenges were,” Hassan says, “I issues, Hassan was appointed in 1999 by than she would have liked. began to realize how involved I was going then-New Hampshire Governor Jeanne Reflecting on her years working with to need to be just to make sure that he got Shaheen to sit on a state committee that Hassan, Republican State Senator Nancy the same kind of opportunities that all advised the Adequacy in Education and Stiles says, “She is one who did not too parents want for their children.” Finance Commission. quickly give up on her positions but “I still remember his first day of school At the urging of Democratic Party would listen to what I needed to say. Did — the bus pulling into the driveway, the leaders, Hassan ran for the State Senate in she always accept every single word that I

14 Northeastern Law Winter 2018 Tom Williams/CQ Roll Call/newscom said? No. But she really took it into consid- eration and seemed to weave it into how she then moved forward.” Still, Stiles, who is now retired, endorsed Hassan’s Republican opponent, incumbent Senator Kelly Ayotte, in the 2016 US Senate race. It was a bitterly contested campaign, and the election was a squeaker: Hassan won by less than 1,000 votes. On the Job Just two weeks in, Hassan made national headlines for her grilling of President Vice President Trump’s secretary-of-education nominee Joe Biden (right) administers the Betsy DeVos during her confirmation Senate oath of hearings. DeVos kept sidestepping office to Hassan Hassan’s questions. Nevertheless, Hassan as her husband persisted. “There is at least one voucher holds a bible on program in Florida, the McKay voucher January 4, 2017 program, which makes students [with disabilities] sign away their rights before they can get that voucher,” Hassan said. “I think that is fundamentally wrong, and I think it will mean that students with disabilities cannot use a voucher system that a department under your leadership might start. So, I want to know whether you will enforce and whether you will make sure that children with disabilities do not have to sign away their legal rights s e g

in order to get a voucher should a voucher a Im program be developed.” DeVos never did y tt answer the question, but Hassan had made her point. Later in the hearing, Hassan Hassan argues odevilla/Ge pressed DeVos: “I wanted to go back to the m

her point in a So p Individuals with Disabilities Education i h

committee hearing C Act. That’s a federal civil rights law. So do you stand by your statement a few minutes ago that it should be up to the states whether to follow it?” DeVos: “Federal law must be followed where federal dollars are in play.” Hassan: “So were you unaware when I just asked you about the IDEA, that it was a federal law?” Hassan with DeVos: “I may have confused it.” Senator Tammy Hassan: “It guarantees absolutely basic Duckworth (right) protections to students with disabilities and Colleen to ensure that they are afforded a high- Flanagan of Disability Action quality education with their peers. One of m for America, after o the reasons that it is difficult to have this a news conference wsc hearing and feel that we fully understand outside of the your perspective is because we do know Supreme Court to that children with disabilities in at least th mark the 27 Call/neCQ Roll / some of the voucher programs that you anniversary of the ms Americans with have supported have gone with a voucher Willia m o

Continued on page 39 Disabilities Act T

Winter 2018 Northeastern Law 15 Mentors Raise the Bar

Co-op supervisors play a critical role in transforming Northeastern law students into lawyers. By Andrew Faught

the Moakley Courthouse on Boston’s waterfront, the eleventh-floor chambers of Donald Cabell ’91, a federal Atmagistrate judge for the US District Court for Massachusetts, bear no resemblance to a classroom. But don’t be fooled: Northeastern law students working with Cabell through the school’s signature Cooperative Legal Education Program (co-op) are learning lessons that transcend the confines of traditional academia. One of hundreds of supervisors in the co-op program, Cabell is, by proxy, a teacher doling out real-life experiences and critical feedback that help propel Northeastern law students into successful law careers. “When students come in here, I tell them I want them to get out of their comfort zone,” says Cabell. “I think they always leave with a sense of, ‘Wow, I really surprised and outdid myself in terms of my own expectations.’”

16 Northeastern Law Winter 2018 Photograph by Kathleen Dooher Judge Donald Cabell ’91 with co-op students Susmita Gadre ’19 and Michael Preble ’19

Summer 2015 Northeastern Law 79 Co-op supervisor Dianne Brookins (right) with Maya Holzhauer ’18 at Alston Hunt in Honolulu marco garcia marco

The arrangement pays other dividends. “I things differently than perhaps my older from his own co-ops, “this was a way for me almost always end up getting so much from mind looks at them. We consciously chose to to turn around and do the same,” Cabell says. the students that I’m just over the moon and structure our co-op so that students have When a co-op ends, supervisors write ecstatic that I have them here with me,” very direct face-to-face contact, in the sense extensive evaluations of student perfor- he adds. that everybody’s doors are open within mances, with the appraisals becoming part our chambers.” of a student’s transcript. As upper-level While students at other law schools are students alternate back and forth between Feedback Loop able to secure internships or externships, in co-op and classroom quarters, the hands-on Launched a half century ago, the co-op which their duties are akin to a law clerk, the experiences gained through co-op are program is unparalleled in this country. To co-op experience is notably different for its integrated into classroom discussions. graduate, law students must tally four structure and guarantee of approximately quarters (about 11 weeks of full-time work) 1,500 work hours during the three-year JD on co-op with any of the more than 900 program. It’s part of the reason that The Competitive Edge participating employer partners worldwide, National Jurist ranks Northeastern as the In an era when there are fewer legal jobs which include courts, law firms, public No. 1 law school for practical training. waiting for graduates, the co-op program is defender offices, nonprofits and legal aid Students don’t report back to Northeastern helping to promote Northeastern law offices, among others. law faculty during their co-ops. They rely, graduates as work ready to prospective The feedback students receive is the instead, on on-the-ground training under employers, says Professor Martha Davis, program’s hallmark, and it’s a component the supervision of professionals such as associate dean for experiential education. that Cabell embraces with gusto. “I’ll engage Cabell, who for 21 years — first as an “Legal employers are demanding students students in a vigorous, robust back-and- assistant US attorney and then, starting in who have more practical experience,” she forth,” he says. “I find it extraordinarily 2015 at the district court — has served the says. “No other school has ever replicated helpful to have smart minds looking at role of munificent mentor. Having benefitted our program because it requires so much

18 Northeastern Law Winter 2018 coordination. Supervisors are educating students on the job, not just about the partic- ulars of the position that they are in, but also about how to be a lawyer.” Supervisors, Davis notes, “see themselves as extensions of the teaching faculty. “ I always encourage them Students are getting feedback on their writing, and they’re included in strategy to think of themselves as sessions and in meetings, where they see things that are going to be valuable to them lawyers who simply have not in the future.” yet passed the bar exam.” In regular meetings with Cabell and other judges in the federal court, students are — Donald Cabell ’91 expected to be active and vocal partners in day-to-day business. Cabell serves as something of a tour guide through federal jurisprudence, and his charges aren’t lacking for challenges. “We’ll go to a hearing, say some big summary judgment case, and then come back and spend an hour or two debriefing,” Cabell says. “I’ll ask them, ‘What did you think about that? What did you like, what didn’t you like? What did you under- kathleen dooher kathleen stand? What did you not understand?’” At Brooklyn Defender Services (BDS), which handles civil, criminal, family and immigration law for clients who can’t afford representation, senior staff attorney What didn’t work? What didn’t you feel Supervisors particularly work with Ambika Panday ’07 of the family defense prepared for? What would you have students on their research and writing, says practice helps supervise Northeastern co-op done differently?’” Brookins, who also offers pointed counsel: “I students; a student at BDS has two attorney give them much the same advice I’d give supervisors, each with a different experience Far and Near any young lawyer: listen carefully to what level and expertise. The office signed on with you’re being asked to do, make sure you the co-op program two years ago. More than 5,000 miles from Boston, in understand what is being requested, and It’s not unusual for some students to land Honolulu, Dianne Brookins of Alston Hunt check back periodically to make sure you’re a post-graduate job with a former co-op Floyd & Ing coordinates that firm’s co-op on the right track.” employer. Panday did just that, parlaying participation. With specialties in dispute Back at the federal district court in Boston, her co-op experience into a full-time job at resolution, banking and corporate finance, Cabell is both supervisor and one of his Greater Boston Legal Services. Co-op employment law and health care, the firm is students’ biggest boosters. “I always students at BDS are given practical tasks — a long-time co-op employer and has also encourage them to think of themselves as such as drafting a cross examination — and hired former co-op students as associates. lawyers who simply have not yet passed the they’re then expected to discuss their role Typically, one or two Northeastern law bar exam,” he says. to supervisors. students per quarter work directly with “We’ll brainstorm about how we’re going “By the time they leave, they have learned a Brookins or other attorneys. to proceed,” Cabell says. “I try to instill in fairly small but pretty robust area of law, and The students’ time on the island is far from them that they should feel part of the team. I they ideally have either argued something in a tropical vacation. really want them to feel invested in the court, or they’ve prepared for an argument,” “They’re going to work, and it’s a fabulous process. I want them to stress the way we do. I Panday explains. “When you’re doing experience,” says Brookins, who leads the want them to sweat the way we do, and then defense-minded work, about 80 percent of health care group. “We incorporate them ultimately to feel good the way we do when the battle is just educating people about what into our staffing on cases, and they perform we make it to the end of the day and have your client is going through. Students get a many of the same tasks that a brand-new, done something well.” great opportunity to do that here.” first-year associate would perform in a law “Learning on your feet is what the whole firm. We’re teachers the same way that a Andrew Faught is a freelance writer in Fresno, co-op program is about,” she adds. “After an senior attorney is a teacher to any brand-new Calif. He has written widely on issues and experience, we’ll go over it: ‘What worked? lawyer joining a firm.” ideas involving higher education.

Winter 2018 Northeastern Law 19

SecuritySecurity So So ldld SeparatelySeparately

20 Northeastern Law Winter 2018 Illustrations by Gary Neil Who should bear the burden to protect your personal information from today’s omnipotent hackers? By Elaine McArdle SecuritySecurity Cyber-crime. You never believe you’ll be a victim — butwill just get wait. hacked Your and personal stolen. information It’s only a matter of time. So So ldld SeparatelySeparately“It’s an inevitability,” warns Woodrow Hartzog, professor of law and computer science, and an expert on privacy and data protection issues. Given the breath- taking amount of personal information on the internet and its enormous value to criminals, “the risk has now reached critical levels.” Widespread and frequent, security breaches can have devastating results for consumers who become victims of identity theft and other crimes. Target’s 2013 data breach affected 41 million people, and in November, Uber revealed that it concealed a data breach that affected 57 million driver and rider accounts for a year. And chances are good

Winter 2018 Northeastern Law 21 that you’re among the more than 145 million collecting customer information that they people who last summer learned that their monetize in various ways, they should be private information — Social Security liable under standard contract law for numbers, home addresses, dates of birth, violating implied and expressed warranties of financial data — were compromised after a security, she says. massive cyber-breach at Equifax, a consumer Some federal and state agencies, including credit agency. Many had no idea Equifax was some state attorneys general, have started to compiling their personal information let alone demand that companies provide reasonable that it was so vulnerable. “ Whenever there’s a data security to try to minimize risks. For Equifax’s response? It offered consumers a example, Massachusetts Attorney General free “credit lock” so that potential thieves who data breach, people Maura Healey ’98 brought the first enforce- applied for a credit card in someone else’s ment action against Equifax and has proposed name, for example, wouldn’t be able to get immediately ask, legislation to better protect consumers from a required credit check — at least, not through data breaches. But these types of laws are still Equifax’s service. ‘What do I need to do relatively new, and we need much stronger But that kind of reactive approach, which is protections that more fairly distribute the standard, is deeply inadequate as well as to protect myself risks and obligations of data-related harm, unfair, says Hartzog. Companies and others according to both Hartzog and Matwyshyn. who hold consumer data should be required because Yahoo lost to better protect information at the front end. The burden for dealing with breaches my information?’ If Correcting Mistakes shouldn’t be placed on consumers, he argues. There are three fundamental mistakes in we had better rules, many current data security laws, Hartzog says. First, they’re too reactive, focusing on what Playing Offense the answer would be, should happen after a breach, instead of When the internet was being built in the creating rules to help staunch a breach before 1980s, it was developed without a security ‘Nothing — it’s Yahoo’s it happens. Second, “the laws are too often backbone because the challenge was simply made in ignorance of the fact that humans are getting it to work, Hartzog explains. For years responsibility to clean fallible creatures with limited resources,” he any security problems were fixed with ad hoc says. “All these warnings about data security: patches. But the appetite of commercial this up because they ‘Don’t do this! Don’t click on that!’ Links are companies to collect your personal data is made to be clicked on, so of course humans are “voracious,” he says, while criminals are were entrusted with going to click on them. The rules fail to endlessly creative in figuring out how to access contemplate that.” it. Security patches simply can’t keep up. your information.’” The third biggest mistake is that data Hartzog says better laws are needed around security laws fail to consider the entire infor- the design of information technologies so that — Professor Woodrow Hartzog mation ecosystem in terms of vulnerabilities they aren’t so vulnerable. and threats, and tend instead to focus myopi- “We’re still in a reactive, defensive mode cally on the data holder who was breached, rather than grasping what obligations should Hartzog continues. “We need a more holistic be on companies that collect, store and share view of responsibilities in the data ecosystem our information,” says Hartzog, author of built into the technologies themselves to better Privacy’s Blueprint: The Battle to Control the protect information,” he says. “We should all Design of New Technologies, which will soon be be demanding better laws forcing companies published by Press. to protect our data.” Professor Andrea Matwyshyn, who serves as “Security and privacy start with each of us co-director of the law school’s Center for Law, as consumers, asking good questions and Innovation and Creativity (CLIC), agrees. After holding companies accountable for the all, even “free” search engines and email aren’t promises they make to the market,” agrees really free, she notes. Since companies such as Matwyshyn, who served as the senior policy Facebook, Google and Microsoft make billions advisor/academic in residence at the Federal

22 Northeastern Law Winter 2018 Trade Commission in 2014 and has testified disincentive for companies to continue to to Congress on issues of information security ignore security vulnerabilities, Hartzog says. regulation. Consumers should demand that Federal, state and local governmental bodies state and local governing bodies include have a key role in requiring companies to offer non-waivable, implied promises of data better data security, and consumers — and security as a matter of law into every lawyers — should be at the forefront of consumer contract in their jurisdiction, pushing for more protections. “Ask anyone she says. running for political office, ‘What’s your stance Better laws include those that don’t place the “ Security and privacy on requiring companies to follow good risk of loss on consumers. “Whenever there’s a security rules?’” Hartzog suggests. data breach, people immediately ask, ‘What do start with each of us Courts could do a better job, too, he says, by I need to do to protect myself because Yahoo recognizing the significant harms of data lost my information?’ If we had better rules, as consumers, asking breaches to consumers including emotional the answer would be, ‘Nothing — it’s Yahoo’s harm, thereby creating a clear path to responsibility to clean this up because they good questions and remedies for private causes of action. Industry were entrusted with your information,’” should adopt best practices for data security, Hartzog says. holding companies he adds. And then there’s the critical role of lawyers, he says, who “should fight to hold accountable for the those who are entrusted with our personal Filling the Gap information accountable” for breaches. One place to start is enacting national data promises they make Matwyshyn agrees. “We don’t see many suits protection laws. Ideally, these would contain by private litigants alleging a contractual robust requirements for companies to to the market.” breach on the basis of security breaches,” she proactively build protective information tech- says. If lawyers began filing breach of contract nologies. For example, companies might be — Professor Andrea Matwyshyn suits in jurisdictions around the country in required to do security threat modeling — order to prompt “a discussion of the legal regular audits to see where information is exchange of data as a thing of value, we’d start vulnerable — to prove that information is to develop a currently largely absent body of protected. Most importantly, there should be law — and that would be incredibly useful.” serious financial penalties for failing to protect consumer information. Right now, there’s little Elaine McArdle is a contributing writer.

Duty to Protect: Attorneys and Client Data

In addition to concerns about their own information,” she says. “When you have EU residents is subject to the EU General personal data, attorneys should be aware of that stored electronically, what are you Data Protection Regulation, which has cybersecurity risks in regard to their duty doing to make sure your system isn’t used heavy penalties for certain uses of to protect client confidentiality, says Maia by someone who shouldn’t have that info?” personal data, including security breaches Spilman ’96, an expert on cybersecurity As a lawyer working in the US who is and ineffective disclosures of how and privacy based in . familiar with data protection laws both personal information is used. Spilman, who has taught a number of domestically and in Europe, Spilman The American Bar Association takes CLEs on privacy law and cybersecurity, says warns American lawyers that personal cybersecurity related to law practice very many lawyers are unaware of the special data gets much more protection in seriously, Hartzog notes, and has just dangers posed to them by hackers. many other countries. For example, any published an updated edition of The ABA “Lawyers get information about their company or law firm that does business — Cybersecurity Handbook. The ABA also clients that your average person wouldn’t even online — in the European Union, has offers CLE webinars and other resources to have, and they have a duty to protect that clients in the EU or has personal data of help lawyers avoid cyber-disasters.

Winter 2018 Northeastern Law 23 “The bottom line is, look at all the points bookkeeper really need to know a client’s of access [to client information] and make Social Security number or the kind of the financial investment to live up to matter you’re working on for them? your ethical obligations by protecting it,” says Spilman. Don’t Keep Client Data on Your Phone To steer clear of violating laws and Most apps, when you download them, ethical rules: “ The bottom line is, request access to your contact list. Just say no. And don’t keep your clients’ phone Don’t Collect More Client Information look at all the points numbers and emails — or even their names Than You Really Need — on your phone, Spilman urges; a lawyer Immigration, family law and employment of access [to client isn’t allowed to disclose that someone is attorneys typically need their clients’ Social a client unless they have the client’s Security numbers, dates of birth and other information] and permission. Never store a client’s tax ID information that cyberthieves love to steal. number or Social Security number in your But if you don’t need it, don’t collect it in the make the financial contacts list on your cell phone. first place. “The more information you have, the greater your liability — because there is investment to live Be Careful Discussing Client Business going to be a breach,” Spilman says. When Around the Internet of Things you no longer need client info, delete it. up to your ethical You and your clients are also vulnerable because of the internet of things, through Encrypt Client Data obligations by which many of today’s devices, from TV If your system is hacked, your clients are remote controls to home security systems, much better protected if the data is protecting it.” are connected to the internet. Many hotel encrypted. Don’t have clients send confi- rooms today have personal assistant dential information as an attachment to an — Maia Spilman ’96 devices such as Amazon Echo, which email — use a secure section of your means the microphone on the device can website or a VPN — or try the old-fashioned potentially listen in on your conversations, method: send a runner to pick it up. which is especially dangerous if you are discussing client business. Unplug the Invest in Security device or turn off the microphone. Every law office should have a person Be careful conducting client business in appointed to monitor privacy and data cars, too. Rental contracts for some car rental security concerns, and a budgeted amount companies allow the company to turn on to hire additional help, advises Hartzog. remote cameras and microphones to Adds Spilman: Hire expert cybersecurity monitor your driving behavior, Matwyshyn consultants to audit your system and warns. “If you’re not comfortable with that, commit to frequent security updates. you should consider not using that rental car company,” she says. At the very least, “ask Limit Who Gets Access to Client good questions as to why they need to collect Information this information about your driving history If everyone in your firm has access to client — and even your conversations — in the car. information, there’s a much greater chance Hold them accountable for their security of a security breach. Does your third-party and privacy practices.” — EM

24 Northeastern Law Winter 2018 Faculty News Sessa Makes Social Justice His Business

Professor Peter Sessa, director of the law school’s Community Business Clinic, doesn’t just talk the talk. He also very much walks the walk. During his 39 years of private practice in Boston at a firm he founded, Sessa dedicated half his practice to representing clients in business, contract law and litigation. He devoted the other half to community lawyering, working with many grassroots and local organizations, as well as representing the city of Boston in developing affordable housing projects. Ready for a change and drawn by the law school’s public interest mission, Sessa became the director of the Community Business Clinic in 2012. Each quarter, he oversees a team of law students who provide free, business-related legal services to startups, entrepreneurs and small businesses, especially those in economically disadvantaged neighborhoods. This past spring, he put his business law acumen to work to advance another of his loves: environmental justice. Sessa served as chair of the board of directors for the Center for Health, Environment & Justice (CHEJ), an organization he’s worked with since its founding 35 years ago by Lois Gibbs of Love Canal fame. CHEJ is committed to grassroots organizing and advocacy, principally around environmental issues. This past year, CHEJ felt renewed urgency to its efforts. “Given the political climate — with hostile words and ... unbelievable denial of all of the science and data around climate change — we knew we couldn’t be a silo. We needed to be able to work on multiple issues,” he says. So Sessa helped lead and negotiate a merger with four other groups. The result is People’s Action, a network of more than 1 million people in 30 states who can now work in a coordinated fashion to promote a range of issues, including environmental, racial and economic justice, and voters’ rights. The former CHEJ staff “became the environmental arm of People’s Action.” He continues to work with the new organization as a volunteer, helping coordinate efforts to battle a sulfide mine in Michigan’s Upper Peninsula. In the meantime, he still enjoys his day job. “It’s joyous — watching students blossom as they go through the process with clients, interviewing them, counseling them and drafting documents. And at the same time, we’re providing needed legal services for clients who don’t have access. It’s tremendous.” — Maura King Scully

Photograph by Dana Smith Winter 2018 Northeastern Law 25 Faculty News

Festschrift Celebrates Meltsner’s Legacy

Matthews Distinguished University Professor Michael Meltsner has argued before the US Recollections Redux Supreme Court six times and was called “the This fall, Meltsner published a memoir, With principal architect of the death penalty abolition Passion: An Activist Lawyer’s Journey (Twelve movement in the United States” by the City Tables Press, 2018). He is also the author of an University of New York (CUNY) upon awarding earlier memoir, The Making of a Civil Rights Lawyer, as well as four other books, Cruel and him an honorary degree in 2012. In the 1960s, he Unusual: The Supreme was hired by Thurgood Marshall as first assistant Hired by urgood Marshall, Court and Capital Michael Meltsner argued major civil rights cases for counsel to the NAACP Legal Defense Fund, where With Passion, An Activist Life Lawyer's the NAACP Legal Defense Punishment; Public Fund and authored Cruel and Unusual, the widely he handled major civil rights cases before the praised history of the Interest Advocacy; attack on the death penalty. Winner of many awards, federal courts. Among his clients were the North including a Guggenheim Reflectionsrowing up in Depression on Clinical battered family, one and an American Academy tangled by a mortal secret, With Passion tells the G of Berlin Prize Fellowship, improbable story of an unsung hero of the civil rights Carolina doctors and dentists who ended Legal Education; and he teaches constitutional law movement who thought of himself as a “miscast” lawyer at Northeastern University Other Publications by but ended up defending peaceful protesters, represent- Michael Meltsner School of Law. Visit Shorting MohammadTakes Ali, suing, a Robert novel. Moses, counseling His Southern hospital racial segregation, famed boxer Michael Meltsner With Passion www.MichaelMeltsner.com Cruel and Unusual: e Supreme Lenny Bruce, bringing the case that integrated hundreds Court and Capital Punishment for more information. Random House (1973) 2011 ofplay, southern hospitals, “In and Our named “the Name:principal archi- An Activist Lawyer's Life Muhammad Ali, and numerous death-row tect of the death penalty abolition movement in the Short Takes, A Novel Random House (1979) United States.” More than a meditation on o en-frus- A Playtrating of legal ethe orts to  ghtTorture inequality and racism, Mi- inmates challenging capital punishment. Re ections on Clinical Legal Michael Meltsner Education (with Schrag) chael Meltsner—also a novelist and playwright—vividly Northeastern University Press recounts the life of a New York kid, struggling to make (1998) Years,” has been sense of coming of age amid ISBN 978-1-946074-12-6 90000> For all of these reasons and more, the law school For more information about the tumult of vast demographic Michael Meltsner, his career and writings, visit performedand cultural changes in in the New city. York celebrated Meltsner’s career at a Festschrift — the www.michaelmeltsner.com 9 781946 074126 and Boston to great presentation of a volume of writings by different acclaim. Among his many awards are a authors in tribute to a scholar — in October. The Guggenheim and an American Academy of festive event included two panel discussions on Berlin Prize Fellowship. Meltsner’s contributions to civil rights and capital “The story of the civil rights legal campaigns punishment law. of the mid-20th century has been well told, “Mike is a living legend and genuine polymath,” but on two fronts, Mike Meltsner’s sublimely said Professor Daniel Medwed, who organized the written memoir recasts the familiar narrative,” symposium. “Consider just a few of his many said University Distinguished Professor accomplishments: key player in the efforts to Margaret Burnham, head of the law school’s manning Civil Rights and Restorative Justice Project. desegregate the Jim Crow South in the 1960s; “Exploring the respective roles of litigation and architect of the strategy to abolish the death michael community advocacy, this civil rights pioneer penalty in the 1970s; and leading scholar, teacher, explains how organizations like the NAACP clinician, novelist, playwright, marriage counselor penalty, criminal procedure and a course for Legal Defense Fund made the critical shift and law school administrator ever since. I relished aspiring lawyer-journalists called Writing from the mostly race-based docket of the the chance to celebrate such a dear friend and About Law. 1950s and early ’60s to one focusing on colleague. In so many ways, my professional aspi- “The Festschrift gathering was a space of light poverty, particularly in the criminal justice ration is to ‘Be Like Mike.’” on a dreary national landscape as Mike’s arena. And few books about the lawyering Meltsner turned his attention to academia in colleagues and friends from across the nation, craft do a better job of conveying the peculiar 1970, co-founding the clinical program at including, notably, the death penalty scholars artistry that emerges from the conjoinder of intellectual prowess, deep knowledge, Columbia Law School and then serving as dean of whose work rests on his, reflected on his contri- strategic vision and emotional intensity. Like Northeastern University School of Law from 1979 butions and marveled at his reach, versatility and bright blossoms on a gritty tree, until 1984. During his almost 40 years on the productivity as a thinker and humanist, and his Meltsner’s cases offer thrills, surprise and Northeastern law faculty, he has taught a wide generosity as a colleague,” said University most importantly, hope. Beautiful stories variety of courses on constitutional law, the death Distinguished Professor Margaret Burnham. exquisitely told.”

Matwyshyn Brings Cybersecurity Concerns to Congress Professor Andrea Matwyshyn, an the Computer & Communications Congress can play in helping to expert on information security and Industry Association and Access protect against these threats. “Recent consumer privacy, headed to Capitol Now, a nonprofit, nonpartisan, attacks leveraging internet of things Hill in October, where she was public policy research organization, devices warn us that public sector among a small group of experts who and covered what legal recourse is and private sector information presented a panel discussion for currently available to victims of security are inextricably linked,” said members of Congress and their staffs activity directed at insecure devices; Matwyshyn, co-director of the law on “Insecurity of the Internet of what can and should be done to fill school’s Center for Law, Innovation Things.” The event was sponsored by the holes that exist; and what role and Creativity (CLIC).

26 Northeastern Law Winter 2018 Faculty News

Davis and Woo Selected for Fulbright Awards going places Professors Martha Davis and Margaret Woo have been selected for Fulbright Specialist awards this Power Pundit year. Davis, a leading human rights law expert, will This fall, Professor Shalanda assist the Raoul Wallenberg Institute’s (RWI) global Baker ’05 delivered a lecture, offices in expanding their work to promote human “Mexico’s Energy Transition, rights cities and local human rights implementation. Indigenous Rights and Energy This is Davis’ second Fulbright award and continues Justice,” at the Sustainability an ongoing relationship with the institute, which is Institute at Stellenbosch University based in Lund, Sweden, and affiliated with Lund in South Africa. She also spoke about “Energy Justice, Resilience University. In 2015-2016, Davis spent a year at RWI and Transitions” at the university’s as the Fulbright Distinguished Chair in Human Martha Davis Margaret Woo Center for Complex Social Rights and Humanitarian Law. During three visits Transitions. While she was in the over the next year, Davis will assist the institute in further withdrawals from international law and neighborhood, she spoke about promoting human rights cities and local human multi-lateral institutions as well as comparative law energy auctions at the WindAc rights implementation, and will participate in RWI’s projects may be imminent. Africa conference. human rights education outreach. Woo’s will work will include an assessment of the “Local governments worldwide are giving criticisms levied against comparative law and inter- Follow the Rules In November, Professor Margaret increased attention to human rights as they address national courts. The project’s goal is to promote the Woo attended the International the shortfalls of nation states’ policies on refugees, establishment and maintenance of international Association of Procedural Law’s climate, health and other key urban issues. I am relations on the basis of law and justice. annual colloquium in Tianjin, China, excited to work with RWI to expand their work to The Fulbright Specialist Program, part of the where she represented North ensure that human rights are embedded in every larger Fulbright Program, was established in 2001 by America in a plenary discussion and level of governance,” said Davis, who also serves as the US Department of State, Bureau of Educational moderated a panel, “Fact Finding associate dean for experiential education for the and Cultural Affairs. The program pairs highly and Legal Reasoning.” School of Law. qualified US academics and professionals with host Professor Margaret Woo, a leading expert on the institutions abroad to share their expertise, Aussie Excursion This fall, Professor Emily Spieler Anglo-American legal system and the Chinese strengthen institutional linkages, hone their skills, was a visiting scholar at the socialist legal system, will partner with faculty at the gain international experience and learn about other Australian Centre for Justice University of Florence in Italy to develop a series of cultures while building capacity at their overseas Innovation (ACJI) and Faculty of comparative law seminars for that campus to host institutions. Specialists, who represent a wide Law at Monash University in address the recent changing landscape of interna- range of professional and academic disciplines, are Melbourne, where she delivered tional cooperation. Ongoing political developments competitively selected to join the Fulbright roster a public lecture on “(Re)assessing in the US and Europe , including Brexit and other based on their knowledge, skill sets and ability to the ‘Grand Bargain’: The History and pressures on multi-lateral treaties, suggest possible make significant contributions to projects overseas. Current Status of Compensation for Work Injury in the US.” Avoiding Bitter Pills Professor Wendy Parmet All A-Board presented “Health Care Reform: Implications for Public Health” at Rosenbloom Heads Board of Justice at Work Lindauer on Board with SALT Next Steps in Health Reform, an Professor Rachel Rosenbloom has Professor Margo October conference sponsored by the Health Law and Policy Program been appointed president of the Lindauer ’07, at American University Washington board of directors of Justice at head of the School College of Law and the American Work, which provides strategic of Law’s Domestic Society of Law, Medicine & Ethics. workplace-related legal services to Violence Institute community-based worker centers. and clinic, has City Limits In doing so, Justice at Work been nominated to In November, Professor Martha supports and encourages low-wage serve on the board Davis participated in a panel immigrant worker organizing, of governors of the discussion, “Toward a New enabling workers to directly impact This fall, Rosenbloom Society of American Law Teachers (SALT). Intercultural Cities Policy Paradigm,” at the Council of conditions at work and in their visited Yale Law School, Northeastern has long had strong ties to where she taught a Europe’s Intercultural Cities 2017 communities and families. SALT, an organization that has stood with seminar, Critical Milestone Event in Lisbon. Davis Rosenbloom, an immigration, those who lack adequate legal representa- Perspectives on Law brought to the table insights from refugee and asylum law expert, has and Organizing. tion and is devoted to ensuring that the her recent co-edited book, Global been on the organization’s board legal academy reflects the broad fabric of Urban Justice: The Rise of Human for several years. our country. Rights Cities (Cambridge, 2016).

Winter 2018 Northeastern Law 27 Faculty News

Subrin Stays on Track with Undergraduate Course Well, that was a short stop in the retirement 1824 decision in Gibbons v. Ogden, station: This fall, Professor Emeritus Steve which established that New York Subrin, who retired from the law faculty in couldn’t have a monopoly over its 2016, taught a new course for undergraduates interstate waters. The course also at Northeastern: Building the American brought together law faculty and Railroads: Law, History and Culture. The inter- students with the undergraduates. disciplinary seminar in the university’s Law student Michael Moreshead ’18 Honors Program provided an opportunity for taught Plessy v. Ferguson, the Subrin and 17 students to dive into a range of infamous 1896 Supreme Court case topics, including law, technology, government, allowing segregated trains, that was ideology, immigration, finance, slavery, applied as well in multiple other entrepreneurship, unions, crime, regulation, situations, including schools, discrimination, private-government tensions, restaurants and hotels. Professor the environment, and the arts. Jim Rowan was a legislator hearing “The development of the railroad in the 19th the worker’s comp proposal. When century altered virtually all facets of American Subrin had to miss a few classes, life,” said Subrin, a leading authority on civil Professor Karl Klare stepped in and procedure. “We decimated the buffalo that had taught a class about the famous clothed and fed the Native Americans, on the Pullman Strike, and Professor leifer

id

way to killing thousands of Native Americans v Hemanth Gundavaram taught two and forcing others off their lands, we had the da classes about regulation. Chinese build the western portion of the trans- as laissez faire, Manifest Destiny, Social In addition to talented guest lecturers, continental railroad and then we had the Darwinism and populism.” Subrin also credits the course’s success to those Chinese Exclusion Act. African slaves and The experiential course involved students who helped him develop the syllabus over a convicts were major builders of the Southern arguing both sides of various issues, including year and a half. “I had the help of a gazillion railroads. In the course, we talk about blatant a hearing on the first worker’s compensation fabulous law students when I was designing discrimination in addition to ideologies such statute in Massachusetts and the landmark the course,” he noted.

Adler’s Joint Appointment Builds Synergy McCoy Starts with Success This fall, Professor Libby Adler ’94, an expert work, bioproperty and the incarceration of Victoria McCoy arrived at the law on sexuality, gender, family and children, transgender persons. She also assigns legal school this fall as assistant teaching accepted a joint appointment in Northeastern’s readings such as case law and audio recordings professor and director of the academic Women’s, Gender and Sexuality Studies of the Supreme Court in order to introduce success program, which offers services (WGSS) Program in the College of students to how lawyers think. to students including group and Social Sciences and Humanities. In addition to her continued individual assistance, time and Adler is a longtime member of the teaching in the School of Law, stress management workshops, WGSS executive committee, which Adler’s new appointment will and tips on how to stop procras- is comprised of faculty from across allow her to bring together tinating. McCoy previously the university and provides disciplines that often exist sepa- served as assistant director of guidance for the vision and rately at the undergraduate level. academic support and bar mission of the WGSS program as “Not only is the rigor of legal readiness at Texas Southern well as the implementation of analysis excellent training for University’s Thurgood Marshall decisions related to the curriculum undergraduate students who are School of Law. She is a graduate of and programming. learning to be critical thinkers, but Vanderbilt University Law School. “I’ve found a second professional home at lawyers have much to learn from methodol- After law school, she clerked for the WGSS,” said Adler, who teaches a popular ogies — such as queer theory and ethnography Honorable Eric L. Clay of the US Court “Sexuality, Gender and Law” course to under- — that originated in arts and science fields. I of Appeals for the Sixth Circuit and later graduate students as part of the WGSS am excited to serve as a bridge between worked as a litigation associate at Mayer program. To enhance the class, she exposes different approaches to social progress for Brown in Chicago. She also completed students to topics that they may not normally LGBTQ people and women,” said Adler, author an LLM in environmental, energy and encounter in other undergraduate courses. She of the forthcoming book, Gay Priori: A Queer natural resources law at the University has invited the law school’s faculty to present to Critical Legal Studies Approach to Law Reform of Houston Law Center. the class on a variety of topics, including sex (Duke University Press).

28 Northeastern Law Winter 2018 Faculty News

Talking the Talk

Proof Positive Out of Bounds? “ D.N.D.I.’s success is ample “ Would it be stupid for the NFL proof that the model of to give the players fair process? nonprofit, open-source No it wouldn’t. Fairness is a research and development is a good thing.” Professor Roger Abrams viable alternative to exclusive “Only Roger Goodell Could Turn Ezekiel Elliott into a Sympathetic Figure” reliance on patent and data The Washington Post, September 7, 2017 monopolies.” Professor Brook Baker ’76 “Escaping Big Pharma’s Pricing with Patent-Free Drugs” errat The New York Times, July 18, 2017 s Raising the Bar mont

pep “ The bar passage rate was never really that Highway to Hacking low, but it was lower “ … the ACDC Act obfuscates the than we wanted.” Effect, But No Cause Dean Jeremy Paul underlying problems of the “Northeastern Law Tops BU, BC on State Bar Exam” CFAA instead of correcting “ [Przybycien] kind Boston Business Journal, October 11, 2017 them. We do not need to of set the wheels in authorize vigilantism to improve motion, but there’s Uber: An Out? security. We do need to start a problem with “ People always complain that with updating the straining causation because this is a slap on the wrist statutory framework of the she made the compared to Europe. But CFAA to better mesh with ultimate decision to there’s only so much the FTC today’s technological security take her own life.” can do.” Professor Daniel Medwed Professor Woodrow Hartzog reality and giving agencies “Judge Weighs Case of Man “Uber Settles with FTC Again, This Time Over Accused of Filming Teen’s Suicide” 2014 Privacy Breach” additional tools and resources USA Today, October 11, 2017 Wired, August 15, 2017 for enforcement of existing law. … The best path forward isn’t by passing a law that will Shock Treatment open new pathways for “ And the fact that people are in the state’s care being retaliatory hacking with little administered treatment modalities that are not in fact oversight.” rooted in science is shocking.” Professor Andrea Matwyshyn (co-author) Professor Leo Beletsky “Hackback in Black” “How Massachusetts Deals with Opioid Addicts: Jail or Rehab?” The Hill, November 6, 2017 NPR, October 10, 2017

Winter 2018 Northeastern Law 29 On the House

30 Northeastern Law Winter 2018 → Profiles in Pro Bono Advocacy

The Accidental Advocate Alissa Brill ’15 wasn’t looking to become a public interest lawyer. Now she can’t imagine being anything else. | By Maura King Scully

o paraphrase John Lennon, sometimes a career Double Duty is what happens to you while you’re busy doing There’s a lot to like about Brill’s work. “I like the combination of other things. direct client service and mentoring volunteer attorneys,” she says. Such was the case of Alissa Brill, a staff “I take it for granted that I can fill out a legal form in five minutes. attorney at the Volunteer Lawyers Project (VLP) When you don’t have that specialized knowledge, it can be so of the . As a law student, daunting.” Brill also enjoys the breadth of family law. “A case is Brill thought pro bono work would be part of her rarely ever ‘just’ family law. It often crosses over into other areas, professional life, but didn’t imagine becoming a like child welfare, housing and benefits.” public interest attorney. A chance encounter changed all that. One memorable guardianship case found Brill working with T“I went to a pro bono fair while I was waiting to pass the bar. I a Sudanese mother of eight, who was seeking guardianship of came across VLP’s table and learned they had opportunities to get her son who struggled with mental illness and was turning 18. involved in family law. So, I went to a training and started volun- “She wanted special authority to monitor his anti-psychotic medi- teering,” she recalls. After passing the bar, a part-time staff attorney cation,” Brill explains. “In the middle of the process, she called to position opened at VLP at the same time she began a part-time tell me she had been diagnosed with cancer. She was worried there position at a law firm. A few months in, “I realized I greatly enjoyed would be a gap in decision making.” what I was doing at VLP,” she says. Brill soon made the switch to Brill petitioned for the husband, who doesn’t speak English, to working at VLP full time. get co-guardianship. “Initially, the attorney appointed for their son pushed back, saying the father couldn’t be an effective advocate Shifting Gears because he needed an interpreter. I responded that it made no Now, looking back, she sees so much in her law school experience difference. Just because you need an interpreter doesn’t mean you that prepared her for her current role. “I loved family law,” she says. can’t be effective.” Ultimately, the “I did a co-op at Greater Boston Legal Services, which I also loved — court granted co-guardianship and the Domestic Violence Clinic, where I got to work directly with to both parents. “ I like that I can clients and advocate in court.” Brill is pleased with the take my law Today at VLP, she does a mix of all that. Two mornings a week, outcome for that one family. But degree and use she’s onsite at the Probate and Family Courts in Suffolk and sometimes even victories like Middlesex counties, supervising court-based family law and that can feel like a single drop in it for good.” guardianship clinics. At these clinics, volunteer lawyers help pro se an ocean of need. — Alissa Brill ’15 clients prepare to represent themselves, consulting with an average “Approximately 95 percent of of five clients per session. Back at the office on Chauncy Street, Brill litigants in Probate and Family does intake with new clients and refers cases to volunteer attorneys. Court are pro se. It’s frustrating that a lot of the time we can just She also maintains a caseload — either quick-turn around cases or help for that day. It’s not the same as having someone represent complex contested matters, not easily taken on by volunteers. In you in court. We also hear a lot of heartbreaking stories, but we addition, she runs training sessions for attorneys, paralegals and can’t guarantee someone can take them on. Contested family law law students who are interested in volunteering. cases can go on for years, and a lot of volunteers can’t commit “It can get crazy but I like that no two days are the same,” she to that.” says. Brill is one of six VLP staff attorneys. Last year, with the That’s why Brill is always recruiting. “We’re a very small staff. We assistance of 570 volunteer lawyers, VLP helped 12,000 clients depend heavily on volunteers. If anyone is inspired to help, there with legal issues including family, consumer, housing, unem- are so many opportunities, depending on your availability. I ployment and bankruptcy. encourage people to contact me at vlpnet.org.”

Photograph by Michael Manning Winter 2018 Northeastern Law 31 Class Actions

Profile Saraa Basaria ’12 Paving the Way

“Diverse lawyers need a network they can rely on so they can succeed in the profession, be promoted and, in turn, become a resource for tomorrow’s diverse law students,” says Saraa Basaria, who is completing her second term as president of the South Asian Bar Association of Greater Boston (SABA GB). As a law student, Basaria co-chaired the South Asian Law Students Association. When she graduated from Northeastern, it was only natural to continue her involvement promoting diversity inclusion in the legal profession by joining SABA GB. “The South Asian legal community is young — mostly first-generation Pakistani and Indian lawyers,” says Basaria, who practices in the commercial litigation group at Todd & Weld. She was also among the inaugural class of the Massachusetts Bar Association’s Leadership Academy, which gives up-and-coming legal leaders the training and resources to succeed. Under her leadership, SABA GB expanded its popular “Know Your Rights” program to reach more in the South Asian community. She has also worked to increase networking among other local affinity law groups. “Our first affinity mixer event had more than 100 people,” she says. “It’s been incredibly fulfilling to get to know so many others in the legal community. SABA GB has opened a lot of doors for professional growth for me.” “SABA GB has only been around for 13 years. We have such a dedicated board, and I’m proud of the work that we’re doing,” Basaria concludes. “In a short time, we’ve become on par with long-standing affinity bar associations.” — Maura King Scully

32 Northeastern Law Winter 2018 Photograph by Dana Smith → Send Us Your News! Don’t let your accomplishments and life changes go unnoticed. Class Actions Write to us at [email protected]. class notes issues, oil and gas taxation and royalties, public interest lawyer and writer, is 1975 Ellen Doyle, of counsel with constitutional law, construction law and the author of the now-viral Facebook Feinstein Doyle Payne & Kravec in municipal law. She was previously a post, “Dear Non-Muslim Allies,” which Pittsburgh, received the 2017 Honorable partner with K&L Gates. became the starting point for her blog, Carol Los Mansmann Helping Hand sofiaalikhan.com. Award from the Allegheny County Bar Jeffrey Dretler, a partner in the Boston Association’s Women in the Law Division. office of Fisher Phillips, was selected by 1 Ellen was recognized for her steadfast his peers for inclusion in the 2018 edition 2002 R obert Blood has joined efforts to promote equality and her of The Best Lawyers in America. Jeffrey Voyager Therapeutics in Cambridge as dedication to mentoring young attorneys. was also recently appointed by Mass. vice president of legal affairs. In his new Gov. Charlie Baker to the advisory board role, he provides counsel across a wide of the Massachusetts Commission range of legal areas, including business 1981 Nancy Lassen, a partner in Against Discrimination. development and strategic collaborations, the Philadelphia office of Willig, Williams commercial transactions, corporate 2 & Davidson, was selected by her peers for governance, intellectual property, com- inclusion in the 2018 edition of The Best 1995 Amy Rosenberger, a partner pliance and matters related to the US Lawyers in America in recognition of her in the Philadelphia office Willig, Williams Securities and Exchange Commission. expertise in labor law. 1 & Davidson, was selected by her peers for inclusion in the 2018 edition of The Best Lawyers in America in recognition of her 2003 In August, Angela Tripp, 1982 Deborah Howard recently expertise in labor law. 2 director of Michigan Legal Help and published a memoir, Mystery of Memory: co-director of Michigan PLP (an assoc- Telling My Truth, Standing My Ground, in iation of statewide advocacy services for which she tells her story as an incest 1999 Dovie King has joined lower-income people and the attorneys survivor who struggled to find her voice. ’s Office of Public who represent them), was honored with A leading organizational consultant, Interest Advising as alumni advisor. She is an Access to Justice award by the Deborah is founder and president of responsible for overseeing all aspects of Michigan State Bar Foundation. Guiding Change Consulting. career services for graduates interested in public interest opportunities. 2005 Christopher Brown, a 1985 In November, Daniel Sejal Mehta, a contract attorney for Duke principal of Petrini & Associates in Zampino’s sculptures, inspired by global Energy Corporation and former New York Framingham, was named to the 2017 New travels and the human experience, were prosecutor, has been named to the North England Super Lawyer list in the state, featured in a solo show at the Rockport Carolina Arts Council. She also serves local and municipal practice area. Art Association in Massachusetts. on the board of directors of Raleigh Little Theater. Rebecca Knudson has joined the Wilmington, N.C., office of Cranfill Sumner 1986 Laini Melnick, a solo practi- Renea Saade has been appointed a & Hartzog as of counsel. She focuses on tioner who practices exclusively in the shareholder in the Anchorage, Alaska, construction law, civil litigation, business area of appellate criminal defense, has office of Littler, the world’s largest law, professional liability and community joined the board of directors of the employment and labor law practice association law. Rebecca was selected Ensemble Theatre Company in Santa representing management. She was for inclusion in the 2017 roster of North Barbara, Calif. She is also board president previously a partner in the labor and Carolina Super Lawyers in the field of of the Santa Barbara Jewish Federation. employment group at Stoel Rives. construction litigation.

1991 Louisiana (Louann) Cutler 2000 In June, Sofia Ali-Khan 2006 In September, Renay has joined Dorsey & Whitney in took to the stage at Boston’s Wilbur Frankel returned to the School of Law as Anchorage, Alaska, as a partner. Louann Theatre as a featured speaker for The associate director for public interest in the has more than 25 years of experience Moth, which presents live storytelling Center for Co-op and Career Development. as a litigator focusing on environmental events in cities around the world. Sofia, a Renay is an expert in advising students

Winter 2018 Northeastern Law 33 Class Actions

who are interested in public interest launched Access Democracy, a nonprofit, careers. She is creating new opportunities nonpartisan organization working to fix 2012 Huy Le ’16 and Randy through targeted employer outreach election administration issues in between Choiniere have become JAG officers in and developing meaningful career campaign cycles. Alexis has worked to the US Army Reserve. Having completed programming for students. She is also protect the vote for numerous campaigns the Direct Commission Course in Fort acting as a liaison with the law school’s at both the state and national levels. Most Benning, Ga., they are currently taking the 1 new Center for Public Interest Advocacy recently, she ran Hillary for America’s 2016 Judge Advocate Officer Basic Course in and Collaboration (CPIAC). Election Day voter protection efforts in Charlottesville, Va. 3 Pennsylvania. The organization has rolled Nneoma Maduike has been promoted to out pilot programs in Florida, Pennsylvania Jared Milrad has announced his of counsel in the banking and specialty and Wisconsin. Read more about their candidacy for Long Beach City Council in finance group in the New York City office work at accessdemocracy.us. California’s District 7. An activist, of Otterbourg. Nneoma is a winner of the filmmaker, entrepreneur and public 2 2017 Commercial Finance Association interest lawyer, Jared is founder and 40 Under 40 Awards. She is an active 2008 Sean O’Connor, a partner president of A Show For A Change, a participant in various legal organizations with Boston labor and employment law social impact production company that in New York City, including the City Bar firm Morgan, Brown & Joy, has been creates and curates socially conscious Association as well as the Coalition of named to the 2017 Massachusetts Super content, currently streaming on Amazon Women’s Initiatives in Law – New York, Lawyers Rising Stars list. 1 and other online platforms. where she is the incoming president and a member of the board of directors. 2009 Adrienne Ellman has been 2013 Robert Ley, an immigration 3 Rachel Muñoz has joined the Boston named a partner at Foley Hoag in Boston. law expert and managing attorney at the office of Jackson Lewis as managing Her practice focuses primarily on repre- Law Offices of Johanna Herrero in Boston, principal. She provides advice and senting corporate and private equity has been recognized as an Expert Network counsel to employers on a wide range clients in a full range of public and private Distinguished Professional by the Expert of issues, including hiring, background mergers and acquisitions and other Network, an invitation-only service for check procedures, discrimination and strategic business transactions. She also distinguished professionals. harassment, wrongful discharge, advises entrepreneurs and emerging performance management, internal growth companies on early-stage Dartmouth College has promoted Allison 4 investigations, terminations, and wage business and capital-raising activities. 2 Lyng O’Connell to Title IX coordinator/ and hour violations. She was previously Clery Act compliance officer. She joined with Morgan, Brown & Joy. In November, Boston City Councilor Josh the college in 2016 as the Title IX coordi- Zakim announced his candidacy for nator. Prior to that she was an assistant Massachusetts Secretary of State, district attorney for Suffolk County in 2007 Wynter Deagle has joined challenging longtime incumbent Massachusetts. the San Diego office of Troutman Sanders. William Galvin. 5 A seasoned trial lawyer, Wynter’s practice focuses on all manner of business disputes, including commercial litigation, 2010 Kerry Tipper, assistant corporate governance, fiduciary duties, attorney general with the Colorado In Memoriam class actions and First Amendment claims. Attorney General’s Office, is running for 1930s She previously practiced at Mintz Levin. the state’s House of Representatives, John C. Ligotti ’38 District 28. 1940s In July, Shanel Lindsay was appointed to Jacob Chartoff ’40 the newly formed Massachusetts Cannabis Helen Cofsky Curran ’41 Advisory Board to help develop and 2011 Kristin Doeberl, an associate implement regulations for the medical and in the Boston office of Verrill Dana, 1970s adult-use markets. Shanel is founder and was awarded one of two national fellow- Sarah F. Anderson ’78 president of Ardent, a Boston-based ships by the Association of Family and biotech and medical cannabis device Conciliation Courts (AFCC), an interna- 1980s company. Shanel drafted Massachusetts’ tional and interdisciplinary association G. Richard Strafer ’80 adult-use cannabis law and is a founding dedicated to improving the lives through Emily Hope Rubenstein ’88 member and co-chair of the Northeast the resolution of family conflict. As a 2000s Cannabis Coalition and counsel to the fellow, Kristin is part of the organization’s Iris A. Grabarek ’04 Massachusetts Patients Advocacy Alliance. junior leadership and presented on “Reunification Therapy: An Integrative 2010s In August, Alexis Prieur L’Heureux and Approach” at the 2017 AFCC annual Matthew F. Noonan ’15 her business partner, Hannah Fried, conference in June.

34 Northeastern Law Winter 2018 Class Actions

Joshua Nadreau, an associate in the Boston office of Fisher Phillips, has been selected to participate in the ABA Section of Labor and Employment Law’s Young Lawyers Division Fellowship Program. The two-year program is designed to give young lawyers an opportunity to become familiar with and actively involved in the section, which, among other benefits, allows members to pursue their specific areas of interest and puts them on the cutting edge of new labor law issues.

Claud Nelson has joined The Florida Bar Foundation, a statewide charitable organi- zation whose mission is to provide greater access to justice, as its new pro bono program officer. Claud previously served as an assistant city attorney for five municipalities in Central Florida and as an attorney of counsel with Stenstrom, Profile Vivienne Simon ’77 McIntosh, Colbert & Whigham. 4

2016 In September, Eduardo Sweet Disobedience Gonzalez was named Access to Justice Fellow at Georgetown Law’s Institute of Technology Law and Policy. Eduardo is spending his fellowship working at the In retirement, Vivienne Simon has found her true lawyer doing good work in the world.” At Sugar Self-Represented Litigation Network calling: legal advisor to and activist with the Shack, “I’m designing our legal strategy in (SRLN) in Washington, DC, where he is Sugar Shack Alliance. The all-volunteer group collaboration with a pro bono criminal lawyer, responsible for updating SRLN’s 2008 Best in Western Massachusetts promotes climate working with the courts, speaking with the Practices in Court-Based Programs for the justice through nonviolent direct-action. Sugar media, training our activists on how to Self-Represented and converting it to an Shack formed a few years ago to protest Texas- represent themselves pro se, filing a complaint online peer-networking tool. based Kinder Morgan’s Northeast Energy Direct with the governor and other activities.” pipeline, which planned to cut The group takes its name Huy Le and Randy Choiniere ’12 have through the Berkshires. from what it seeks to protect: /AP

When the company gle the maple sugar-producing become JAG officers in the US Army a Reserve. Having completed the Direct suspended the project in E towns and communities of spring 2016 in response to shire Western Massachusetts.

Commission Course in Fort Benning, Ga., erk massive resistance from many B “We’re sometimes affection- they are currently taking the Judge he /T Advocate Officer Basic Course in landowners, towns and ately referred to as the ‘civil community groups, Sugar shan disobedience wing of the Charlottesville, Va. 3 oll Shack broadened its mission Z climate justice movement’ out to resist all expansion of the here. I’m sure the pipeline tephanie fossil fuel industry in the S company has other Vivienne Simon holds up her cuffed Cherry in Top 100 of region. They got involved in nicknames for us,” jokes hands after she and eight others Women-Led Businesses good, old-fashioned civil were arrested for trespassing Simon. “To date, there have Under the direction of CEO Elyse Cherry ’83, disobedience, disrupting during a protest against Kinder been nearly 100 arrests — Boston Community Capital was named to construction of the Morgan’s Tennessee Gas Pipeline. myself included — and we the 2017 Commonwealth Institute and Connecticut Expansion aren’t slowing down.” Just how Boston Globe list of the top 100 women-led Pipeline project, part of which was to run long will they persist? On this, Simon is clear: businesses in Massachusetts. Since 1985, through Otis State Forest in Sandisfield. “Until we’ve converted this state to 100 percent Boston Community Capital has invested “This brings together all of my life’s work,” clean green energy.” more than $1 billion in projects that provide says Simon, whose career focused on interna- She hopes her retirement pursuits inspire affordable housing, good jobs and new tional environmental and human rights other graduates. “There is such a huge need for opportunities in low-income communities, advocacy and campaigning. “I have always legal help in grassroots campaigns,” she notes. connecting these neighborhoods to the considered myself to be an activist with a law “It’s like doing a really great co-op.” mainstream economy. 5 degree more than I have thought of myself as a — Maura King Scully

Photograph by Tony Luong Winter 2018 Northeastern Law 35 Class Actions

Benched! Mullins Named to Connecticut Supreme Court In October, Judge Raheem Mullins ’04 was 4 nominated to the Connecticut Supreme Court. He previously served on the Appellate Court. Mullins was a 33-year-old 1 2 3 appellate lawyer in the Office of the Chief State’s Attorney when he was nominated to the Superior Court in 2012; he was elevated Sanchez Appointed to Tyne Joins Central Berkshire to the Appellate Court two years later. He is Immigration Court District Court 5 the youngest person to be nominated to Judge Jose Sanchez ’87 was appointed in In October, Jennifer Tyne ’95 won Connecticut’s Supreme Court. Mullins is a August to the Boston Immigration Court by unanimous approval from the member of the Oliver Ellsworth Inn of Court Attorney General Jeff Sessions. He previ- Massachusetts Governor’s Council to and the George W. Crawford Black Bar ously spent 22 years as an associate justice become an associate justice in Central Association. He also served as a member for the Trial Court of Massachusetts in Berkshire District Court. Tyne previously of the Young Lawyers Section of the Lawrence. From 1987 to 1995, he served as worked as an assistant district attorney in Connecticut Bar Association, the board of a trial attorney for the Committee for Public Berkshire County, as a solo practitioner directors for the Fund for Greater Hartford Counsel Services in Cambridge. Prior to concentrating in criminal defense, as an 6 and, in 2007, as an executive committee attending law school, Sanchez served as an elder law and real estate attorney at member of the Government Division of the air traffic controller for the Federal Aviation Stavisky & Kelly, and as appellate counsel for Connecticut Bar Association. 1 Administration. 2 indigent defendants in criminal cases. 3

Dafoe Takes the Reins in annual meeting of the Conference of Chief developing and implementing impact liti- 7 Nixon Peabody’s Washington, Justices and Conference of State Court gation strategies, and overseeing efforts DC, Office Administrators. to coordinate and expand the capacity of Colette Dafoe ’05 has been named the private bar to enforce key rights for managing partner of Nixon Peabody’s WBA’s Top Award Goes to women and girls. Chandy was previously Washington office, which includes almost Botsford and Hines deputy director of civil rights in the Office 175 attorneys and staff and is a national In November, the Women’s Bar Association for Civil Rights at the US Department of leader in affordable housing, real estate of Massachusetts presented its Lelia J. Health and Human Services and served as 8 development and tax credit finance Robinson Award to the Honorable Margot general counsel for the District of practices. In addition to her leadership Botsford ’73 6 and the Honorable Columbia Office of Human Rights. She role, Dafoe will continue to focus on her , 7 who is well known to also worked at the US Equal Employment real estate practice, representing owners, the Northeastern law community as a Opportunity Commission for 15 years, investors and developers in acquisitions, long-time adjunct member of the faculty. where she challenged employment sales, leasing, financing and development Both justices retired in 2017 from the discrimination, and before that repre- of commercial real estate. 4 Supreme Judicial Court. The Lelia J. sented unions and workers at a private Robinson Award honors women attorneys firm in New York City. 8 San Francisco Conference who have captured the spirit of Robinson, Brings Together Fabe and Rice the first woman admitted to practice in Congratulations to Mass. The Honorable Dana Fabe ’76, retired chief Massachusetts: they are pioneers in Lawyers Weekly’s Top justice of the Alaska Supreme Court, and the legal profession and have made a Women of Law the Honorable Stuart Rice ’78, president of difference in the community. Jessica Block ’82 the California Judges Association (CJA), Principal and Co-Founding Partner, reminisced about their Northeastern law Chandy Appointed Legal Block & Roos days when Fabe presented on a panel at Director of National Women’s Elizabeth Brody Gluck ’92 CJA’s annual meeting in San Francisco in Law Center Lecturer, Boston University School of early October. 5 Veteran civil rights attorney Sunu Chandy ’98 Law, and Adjunct Professor, Suffolk has joined the National Women’s Law University Law School In August, Fabe received the 2017 Sandra Center (NWLC) in Washington, DC, Kristen Kearney ’07 Day O’Connor Award for the Advancement where she is guiding the expansion of Counsel, LibbyHoopes of Civics Education from the National its litigation capacity in education, Elisabeth Medvedow ’85 Center for State Courts. The award was workplace justice and health and repro- Executive Director, Rappaport Center for presented in Philadelphia during the ductive rights. She is also tasked with Law and Public Policy

36 Northeastern Law Winter 2018 Class Actions

Wolk Honored with Mass. AG Healey Co-Chairs Project to Recruit Women Candidates Defender Award In September, The New York Times The 2017 Denison Ray Criminal Defender reported on the efforts of Massachusetts Award was presented to Peter Wolk ’78, a Attorney General Maura Healey ’98 to senior staff attorney and member of the address the scarcity of female office- Special Litigation Unit for New York County holders in state capitals. Healey is 9 Defender Services in New York City. The co-chairing a project called the 1881 award is given annually in recognition of the Initiative, named for the first year that extraordinary commitment of public service women sought, unsuccessfully, the office attorneys who represent low-income and of state attorney general. The goal is to disadvantaged clients. For the past 25 ensure that in five years, at least half of the years, Wolk has also taught at Cardozo Law Democratic party’s attorneys general will School’s Intensive Trial Advocacy Program. be women. “We’re supposed to be living in This year, he was chosen to serve as a a representative democracy, and yet the 10 representative of the defense bar on the people who hold office don’t reflect the Office of Court Administration’s statewide diversity of the population they serve,” task force on orders of protection. 9 Healey told the Times. She is one of 22 Democratic attorneys general over all. Irvings Appointed MLB’s Independent Arbitrator As 2018 dawns, the “Politico Playbook Power List: 18 to Watch in 2018” includes Maura Mark Irvings ’75 has been picked as Major Healey on its list of those “poised to have a big year.” According to Politico, “From the ‘resistance’ on the left, to the establishment and the Bannonite wing trying to remake League Baseball’s (MLB) independent 11 arbitrator. The independent arbitrator the GOP, these are the people to watch over the next 12 months.” chairs a three-person panel that decides grievances and appeals of drug suspen- sions. The panel also includes one representative of MLB and one of the Bay pitcher Jeff Niemann (2012), Cleveland district, was honored in November as union. Irvings has heard baseball salary pitcher Vinnie Pestano (2014) and Oakland one of 11 Women of the Decade by arbitration cases for the past six years. He pitcher Jarrod Parker (2015). 10 Emerge Massachusetts, an organization was a member of three-person panels that dedicated to increasing the number of decided in favor of Toronto pitcher Jesse Spilka Honored Among Democratic women leaders from Chavez (2016), Oakland outfielder Khris Women of the Decade diverse backgrounds in public office Davis (2017) and New York Mets infielder Mass. State Senator Karen Spilka ’80, who through recruitment, training and Wilmer Flores (2017), and against Tampa represents the 2nd Middlesex and Norfolk providing a powerful network. 11

Boston Alumni/ae Chapter 2 The Boston Regional Alumni/ae Chapter (BRAC) got together in November at The Ginger Man for networking and noshing. 1

3

4 (4) manning

〈1〉 From left: Renay Frankel ’06, Jess Acosta ’16, Colleen Shea ’16 and Nima Eshghi ’96. Both Frankel and Eshghi recently joined the law school staff in the Co-op Office.

〈2〉 From left: Smriti Choudhury ’17, Paige Zacharakis ’17 and Pamela Swanson ’16 michael 〈3〉 More than 40 graduates attended the reception. 〈4〉 From left: Garrett Lee ’07, Ron Ruth ’80 and Joel Rosen ’94

Winter 2018 Northeastern Law 37 Class Actions

Amiri Lead Attorney for for the ACLU, Amiri reflected on the Immigrant Minor “Jane Doe” case: “If you were outraged by what our Seeking Abortion government did to Jane, you should know that there are so many more Janes out Brigitte Amiri ’99, senior staff attorney with there. Not just unaccompanied immigrant the ACLU’s Reproductive Freedom Project, minors, who are in a similar situation to represented the undocumented 17-year- Jane, but everyone in this country who is old at the center of a weeks-long legal unable to access the care that they need fight with the Trump administration this because of the sham laws put in place by fall that was covered in the national press. ideological politicians. As we did for Jane, After several legal challenges and appeals, let’s stand together and say: If you want to the unaccompanied immigrant minor in come for any of these Janes, you have to Texas had an abortion in October. In a blog go through us first.”

Alumni/ae Weekend 2017 2

Northeastern law grads returned to campus in October to both reminisce about the good old days and share news about their current professional and personal adventures. Almost 300 friends and former classmates came together for formal panels and events — as well as a healthy amount of schmoozing.

1

3 4

〈1〉 Mary Bonauto ’87, civil rights project director for GLAD and lead attorney in establishing the federal right to marriage 5 equality, delivered the keynote address. 〈2〉 The class of 1977 joyfully celebrated its 40th reunion. 〈3〉 Dean Jeremy Paul welcomed graduates and friends to the festivities. 〈4〉 Alan Haynes ’97 with Cynthia Tow McPherson ’05 〈5〉 Massachusetts State Senator Karen Spilka ’80 spoke on a panel, “Governing Up: Making a Difference at the State and Local Level.” 〈6〉 From left: Chaumtoli Huq ’97, Rita Sethi ’92, Joyce Kauffman ’92 and Rishi Reddi ’92 〈7〉 Ron Ruth ’80 (left), president of the Alumni/ae Association, with Director of External relations Mielle Marquis and Lennox Chase ’98

7 6

38 Northeastern Law Winter 2018 Tom Williams/CQ Roll Call/newscom

Senator Hassan Continued from page 15 to a school because of their disability [and] had to leave the school. The school keeps the money. And they go back to public schools that now have even less resources to deal with them. And many of us see this has the potential for turning our public schools into warehouses for the most challenging kids with disabilities or other kinds of particular issues. Or the kids whose parents can’t afford to make up the difference between the voucher and the cost of private school tuition. So I just would Hassan with urge you to become familiar, should you be Senator Patrick nominated, with the Individuals with Leahy in the Capitol Disabilities Education Act, and I do have to say, I’m concerned that you seem so unfamiliar with it and that you seem to support voucher schools that have not honored, that have made Post webcast on the opioid crisis. “We can’t Shaheen worked with the State Department students sign away their rights to make sure ignore the fact that an integrated healthcare and the Dutch embassy and eventually got that the laws are enforced. That’s very system that treats behavioral health and Pintos and her fiancé on a rescue plane to troubling to me.” substance use disorder is an absolutely Puerto Rico. Once there, Hassan and Shaheen DeVos: “Senator, I assure you that, if essential piece of this,” she said. “And if we made sure Pintos got the medical attention she confirmed, I will be very sensitive to the needs repeal the Affordable Care Act, if we cut needed. “I am a firm believer if it weren’t for of students and the policies surrounding that.” Medicaid substantially, if we fail to invest in what they did, my sister would have been there Hassan: “With all due respect, it’s not about long-term treatment and have a variety of who knows how long,” says Gammella. “I don’t sensitivity, although that helps. It’s about being treatment modalities for people, we will not know what would have happened because she willing to enforce the law to make sure that my turn the tide on this thing and beat it.” She was really beginning to get sick.” Pintos was on child and every child has the same access to made a similarly compelling fact-based obser- her way home before Hurricane Maria made public education, high-quality public vation in an afternoon hearing on federal landfall in Puerto Rico. education, and the reality is that the way the funding for science research that was overseen voucher systems that you have supported by Senator Rand Paul (R-Kentucky), a staunch work don’t always come out that way.” opponent of such funding. Hassan noted that Judgment Call when the deadly eastern equine encephalitis Hassan herself might say that the secret of (Triple-E) virus emerged in New Hampshire, what makes her know when and how to speak Connecting the private sector had little incentive to out about the folly of repealing the Affordable develop a cure for it because it was so rare, yet Care Act, to confront presidential nominees on the Dots there was a clear public need for it. their shortcomings, to compromise with While very much a Democrat in the Senate, That idea — that the government plays a colleagues, to put the weight of her office Hassan has co-sponsored a number of bills distinct role in protecting people’s lives — was behind a rescue mission for a single constit- with Republican colleagues. “I have made a dramatically on display when Hassan, with uent, or to momentarily drop everything for concerted effort to know my colleagues on New Hampshire’s senior senator Jeanne the sake of small children trying to touch the both sides of the aisle,” she says. She tries to Shaheen, likely saved the life of Maria Pintos, hearts of their senators, all comes down to steer away from what she calls “partisan 20, a constituent who, with her fiancé, was one judgment. As she told the law school’s gradu- commentary” and toward the fact-based of 6,000 Americans stranded on St. Maarten in ating class in 2013: “Your judgment is concerns of stakeholders. “I think that is a very early September. As a colon-cancer survivor, strongest when you are able to integrate all healthy way to build those bridges and to also Pintos needs adequate hydration and a special aspects of who you are as a person and what make sure that you are addressing stakeholder diet to stay healthy. In the aftermath of you have experienced in life with what you do concerns, and as you do that, you can build Hurricane Irma, St. Maarten was not fit for professionally. The more types of experiences support for your plan,” she says. human habitation, and when Pintos’ stateside you have, the more exploring you do, the That approach was very much in evidence brother Pablo Gammella, 29, lost track of her, better your judgment becomes because your the day she bumped into the Little Lobbyists in he grew frantic. He started contacting the judgment is at its best when it is informed by the Senate hallway. Earlier that morning, it was media, and within minutes of being on the your skills, your mistakes, your triumphs, your Hassan who connected the dots to the news, he heard from Hassan’s office. It took education, together, of course, with what you Affordable Care Act as part of a panel with several days — St. Maarten’s airport was not have learned from those around you.” senators Joe Manchin (D-West Virginia) and functional, and the island’s water and food Rob Portman (R-Ohio) in a live Washington supplies were dwindling — but Hassan and Jeri Zeder is a contributing writer.

Winter 2018 Northeastern Law 39 Adjourn

Let’s Get Fewer People to Die

By Elisabeth Ryan

uns were never a part of my life. In the Massachusetts suburb where I grew up, my family did not go target shooting for sport and did not keep guns in the home for protection. The very idea of hunting was repugnant in our animal- Gloving household. In law school, my constitutional law classes never even mentioned the Second Amendment. My life was, in all tangible aspects, unaffected by guns. But when I worked as a public defender, I represented people who commonly faced rampant violence in their lives and neighborhoods. For them, guns were often just part of reality. When I worked as counsel in the Massachusetts Executive Office of Public Safety and Security, overseeing state gun laws, regulations and policies brought me into contact with a population of individuals for whom guns were a central part of their lives, both tangibly and symbolically. I became aware that in the political world otherwise obsessed with firearms, recognition of gun violence as a public health issue was almost entirely absent. So after years of practicing law, I went back to school and rates was anti-gun advocacy. It subsequently stripped earned my MPH to study just that. the CDC budget of the money previously allocated for My mission now sounds deceptively simple: change firearms violence research and inserted a clause saying the narrative around firearms from a bitterly partisan that no money “may be used to advocate or promote “us versus them” fight into a shared goal of getting gun control.” That clause has remained in every single fewer people to die. To get closer to that goal, I think a federal budget since 1996. The federal government few points are crucial to understand. needs to affirmatively fund research into a crisis that Elisabeth Ryan is a First, the Second Amendment is not unlimited, kills 30,000 people per year. Refusing to do so devalues legal fellow with the contrary to what the pro-gun lobby espouses. No right tens of thousands of lives. law school’s Center for protected by the Constitution is unlimited. And until Finally, some people will always value owning guns Health Policy and Law. the Supreme Court decided DC v. Heller in 2008, the more than they value human lives and no amount of She holds a JD from law wasn’t even clear that the Second Amendment data or evidence will convince them otherwise. But that Boston College Law protected an individual right to possess a gun, as doesn’t hold true for most gun owners. Saving lives by School and an MPH opposed to a collective right for militias. In no way — preventing gun violence does not mean having to from the Harvard now or ever — does the Second Amendment preclude eschew gun ownership. It can mean doing research, T.H. Chan School of Public Health. stronger gun laws aimed at saving lives. treating gun violence as a public health issue, Second, the federal government essentially prohibits increasing technological safety advances or tightening the Centers for Disease Control and Prevention (CDC) regulations on gun purchasing and storage. It can start from conducting research on gun violence and that with laws, but also with friends, with gun dealers and needs to change. In the 1990s, Congress deemed that with health care workers. If we can all make the goal a federally funded study that showed an association “let’s get fewer people to die,” I have no doubt that we between guns in the home and increased homicide can accomplish it.

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