April, 2014 | Issue IV

Newsletter

Clinical and Pro Bono Programs LEARNING THE LAW | SERVING THE WORLD

IN THIS ISSUE:

Center for Health Law & Policy Innovation Judicial Process in Community Courts Clinic Clinical Spotlight Law Student Ethics Award Cyberlaw Clinic Project No One Leaves Family and Domestic Violence Law Clinic Semester in Washington Gary Bellow Public Service Award Shareholder Rights Project Harvard Legal Aid Bureau Sports Law Clinic Harvard Immigration & Refugee Clinic Tenant Advocacy Project Harvard Negotiation & Mediation Clinical Program Teaching Excellence Award Housing Law Clinic

CLINICAL AND PRO BONO PROGRAMS PAGE 1

HARVARD LEGAL AID BUREAU HLAB Students Win a Quarter of a Million Dollars By Carolina Kupferman, J.D. ’15 My legs were shaking under me as I stood up in front of office until the early hours of the morning for days in a the judge to give my opening statement. My speech in row looking through documents, searching for front of me, an assortment of possible objections jotted inconsistencies, conceptualizing the financial fraud, and down on post-it notes, and a 3-inch binder of documents I picturing every instance of abuse. scoured for days were my only available weapons. On the day of trial, we argued that the house and bank After just a few weeks at the Harvard Legal Aid Bureau, I account were marital assets and our client deserved 50% had my first trial. I had only three weeks of Evidence class of the equity in the house and the 401K, and the money under my belt, plus one motion hearing I argued in front of removed from their bank account. I remember the trial as a a judge. Yet, here I stood, the “first chair” in a divorce whirlwind, and found it particularly amusing to sit in class case that included issues ranging from financial assets to afterwards on lectures of black-letter evidence law that I child custody, visitation, and support. My case involved a had learned through my baptism by fire. woman whose husband had physically and psychologically abused her for the past two decades. He Months later, we received the judgment. As I read through had threatened to kill her, repeatedly slammed her head each paragraph, I could not into a car, stalked her, believe the words on the frequently punched her, and page. My client obtained more. They had moved 60% of her ex-husband’s together into his mother’s 401K from the time of their large Newton home that marriage, 50% of the money was going to one day be taken from the joint bank theirs, and his name had account, a favorable gone on the home along custody/visitation/support with his mother’s. The day arrangement and 50% of the after she moved out of the significant equity in the home to escape the abuse, house. I cannot describe he moved thousands of how wonderful it felt to read dollars from their joint the judgment and then show bank account; weeks later the result to my client. he transferred the home into a trust in solely his Stephanie Goldenhersh, HLAB Clinical Instructor, & Carolina Kupferman It is often very difficult to be mother’s name. My client a student-attorney. When barely had an income, and had to take care of two everyone else has finished class and can relax, you are still children, one with disabilities. thinking about your cases and your clients. The burden rests on your shoulders, and if you mess up, it is In the weeks prior to trial, I worked closely with my someone’s actual life at risk. Now, the husband’s attorney client, hearing the story as she told it, as she had lived it. has filed a Notice of Appeal. HLAB has been retained to Listening to her carefully describe defend the judgment through the each and every attack against her, “… when you see the appellate process. each slandering term he screamed at her, I saw her strength. I saw how she positive results you can Sometimes you wish you did not have had given up everything to make a bring about, the change you that responsibility, but when you see better life for her children, and how can bring to someone’s life, the positive results you can bring her husband was trying to take it all about, the change you can bring to from her. We practiced questioning it makes it all worthwhile” someone’s life, it makes it all her and tried to prepare her for how worthwhile. All the work. All the cross-examination would feel. stress. All the crazy hours. All the practice and preparation. It was all worth it. After she went home, my trial team—which included my 3L co-counsel and my clinical instructor—stayed at the LEARNING THE LAW | SERVING THE WORLD PAGE 2

TENANT ADVOCACY PROJECT Student Wins Hearing for Housing Client By Amanda Morejon, J.D. ’16

When I accepted my first case with the Tenant gathered additional letters of support, analyzed the Advocacy Project, it seemed straightforward enough. BHA’s Admissions & Continued Occupancy Policy My client, a wheel-chair dependent man in his late 60s, (ACOP), researched similar cases with favorable had applied to the Boston Housing Authority’s Public outcomes, drafted direct examination questions for my Housing Program several years ago. In the last few years client, and wrote my closing argument. In the two weeks he had become very active in his church and leading up to the hearing, I went over the material with neighborhood community and maintained his skills as a him, reviewed his criminal record, and discussed the former chef. After moving to the top of the wait-list and changes he had made in his life after his last conviction. passing all the neighbor screenings and financial My client’s testimony would serve as the strongest requirements, his application source of mitigating was denied due to an old evidence so ensuring he felt criminal record. comfortable answering my direct examination questions My first thought was that the was hugely important. Boston Housing Authority (BHA) simply did not On the day of the hearing, realize that my client had everything came together. changed his life. I imagined My client was able to clearly that once the BHA saw the communicate with the mitigating evidence, their Hearing Officer and opinion of my client would answered both my questions change. I was surprised to and her questions directly. find that they had already His thoughtful character and reviewed letters of support commitment to his from his former employers and letters from his church community shone through in his testimony. His cousin community. I quickly learned that the Occupancy and his close friend both attended and testified regarding Department at the BHA will not approve an applicant his character. Sixteen business days later we received the who has any criminal record no matter how decision and the denial of public housing was minor or how old the record is. overturned. This wonderful news Fortunately, my client could “Sixteen business days later we meant that my client was placed appeal the decision and contacted back at the top of the wait-list. the Tenant Advocacy Project. received the decision and the denial of public housing was Without the guidance of my I was assigned to his case in overturned. This wonderful supervisor, the general support September and almost four months from the TAP community, and my later (a day before my last exam) news meant that my client was client’s trust and patience, we may we were informed that the Appeal placed back at the top of the not have achieved this outcome. Hearing would take place in two wait-list.” Knowing that unfair decisions can weeks, on the first day that be overturned and indigent students returned to campus from winter break. individuals like my client can have their voices heard has given me much hope and confidence. With due With the guidance of my supervisor, Lynn Weissberg, diligence we can work to ensure that people’s rights to I prepared the case for our hearing. I compiled the receive public housing are protected. mitigating evidence and character reference letters,

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JUDICIAL PROCESS IN COMMUNITY COURTS CLINIC Students Help Federal District Court Judges Lauren added that the experience has also prepared her Two of the fifteen students for post-graduation plans: “I’m clerking on a federal enrolled in the Judicial court when I graduate, so it has been a particularly Process in Community valuable learning experience—and, frankly, a delight—to Courts Clinic, Lauren observe and work alongside Judge Young and his Moxley (2L) and Andrew fabulous clerks.” Spore (2L), have had the unique experience of Andrew Spore is interning in the same court with Hon. interning in federal district Denise J. Casper. “It has been enlightening,” he said. “In court. Through their clinical addition to observing court proceedings, I have placements, Lauren and researched and drafted orders related to various Rule 12 Andrew have had the defenses, some with very interesting facts. Closely opportunity to observe observing the decision-maker at work has been a great judicial proceedings, per- experience and has helped me better understand the role form legal research, write of the trial advocate. As a law student, it is easy to bench memos, proof read sometimes feel an indeterminacy in the law as we are Lauren Moxley, J.D. ’15 orders and opinions, and encouraged to argue every issue from both sides. It has even draft legal opinions. been a nice change to be in the position of coming down The experience has proven enriching to Lauren and Andrew, definitely on one side. I’d who both have an interest in the federal judiciary system. certainly recommend it to anyone interested in litigating.” Lauren Moxley is interning with Hon. William G. Young in United States District Court for the District of Massachusetts. Hon. Judge John C. Cratsley “I’ve had an incredible experience thus far,” Lauren said. (Rte.) who directs the Judicial “I’ve spent the bulk of my time researching and writing on Process in Community Courts issues relating to a claim for Social Security disability Clinic, said that he appreciated benefits. Though Social Security cases can sometimes be the opportunities provided by considered some of the more dry issues litigated in federal Judges Young and Casper as court, as a first assignment it has been a fascinating and their judicial placements expand meaningful opportunity to grapple with the legal and factual the perspectives offered in the Andrew Spore J.D. ’15 issues at play.” classroom discussion.

Clinical Students Contribute Hundreds of Hours to Massachusetts Judiciary System By Hon. Judge John C. Cratsley (Ret.), Clinic Director Already this semester, sentencing, judicial ethics, the jury, court management and students in the Judicial alternative dispute resolution. Students gain the unique Process in Community opportunity to work alongside a judge, experience firsthand Courts Clinic have pro- the inner workings of the court system, and see how issues vided hundreds of hours of modern-day society unfold in the courts on a daily basis. of research and drafting assistance to judges in the Alysa Harder is a 3L student interning with the Suffolk state and federal courts. County Superior Court. “I’ve had the opportunity to work Budgetary limitations, on challenging research and writing assignments that particularly in the state matter, and to observe and discuss a wide variety of courts, have reduced the fascinating high-stakes court proceedings, civil and number of full-time law criminal. This internship has put so much of what I’ve clerks to the point where law student help is invaluable. learned in law school into context, and has been both very practical and very intellectually satisfying.” The Community Courts Clinic places students with judges for an internship experience combined with classroom discussion of issues judges face each day including … Continued on page 4 LEARNING THE LAW | SERVING THE WORLD PAGE 4

Dayme Sanchez, a 2L student, is Their work in criminal cases has covered the field, including interning with Judge Bonnie motions to suppress based on claims of improper MacLeod in the same Superior identification procedures, improper traffic stops, and Court. She says that through her violations of the Miranda rules. Students have also worked on internship she has seen what it is motions to dismiss criminal charges and motions seeking like to actually be in a courtroom discovery of the identity of confidential and present a legal argument informants. before a judge and jury. Dayme describes Judge MacLeod as her All this law student legal research and role model. “Her mentorship has writing would be unavailable to their assisted me tremendously in judges in the present financial learning the ins-and-outs of the circumstances of the Massachusetts trial court” she says. “It has courts. So in addition to the value of the prepared me for my future goal student-judge conversations and the Dayme Sanchez, J.D. ’15 of becoming a trial litigator.” courtroom observations inherent in judicial internships, the Community Students have also made significant contributions to the Courts Clinic is meeting an immediate community courts, including the Boston Municipal Court and need of our local judges. Alysa Harder, J.D. ’14 the Quincy District Court. “This internship has put so much of what I’ve learned in law school into context, Clinic Students Witness Life in Prison and has been both very practical and very intellectually satisfying.” - A. Harder By Hila Solomon J.D. ’14 Every week, the students in Judge Cratsley’s Judicial Yet, even more interesting than learning about the Processes in Community Courts Clinic venture out to procedures safeguarding the rights of the prisoners was different courts in Massachusetts to observe judicial witnessing their existence within the HOC. We, as a society, proceedings first-hand and to aid our judges with research put people behind bars and barbed-wire-fences and often and writing projects. While most of us observe primarily forget that they are there. But at the entrance of the HOC, a criminal proceedings, it is rare that we see how convicted small play area with a colorful rug and child-sized tables and criminals lives are affected post-conviction. We hear chairs reminds you—there are people in here; these people people’s stories and are allowed personal peeks into their have lives outside of these walls. The visit brought the faces lives during their trials, but rarely do we have a chance to of these prisoners to light, at least in my eyes. The first cell understand what, in fact, happens to them after they leave the we peeped into (the prisoner was not inside), contained a courtrooms. picture of a young, smiling, elementary-aged girl and The Holy Bible. The next cell we strolled past had a small picture This past Monday, however, we were fortunate enough to get with the image of Jesus on it. By the third stall, I felt as if it a rare glimpse into the lives of inmates. Judge Cratsley was wrong to continue to peep in; these are, after all, the organized a tour of the Middlesex County House of prisoners’ homes, as temporary, or bleak, or unreal as they Correction in Billerica, which was led by the House of may seem. Correction’s (“HOC”) legal counsel and assistant superintendent. The majority of the tour was spent on Visiting the HOC helped me connect the work I have been understanding the procedural aspects of a prisoner’s doing over the semester to the realities that will persist long experience. We learned about how prisoners are processed after my time in the clinic has ended. I recommend that every from the moment they are brought into the jail, how the jail law student, regardless of an interest in administrators determine which cell each prisoner will criminal law, make an effort to tour a inhabit—primarily through one’s classification, or how HOC or prison at some point. Such visits serious an offender one is—how the days are spent, and the help connect theory to reality, and put rehabilitation programs available to the prisoners. The practical considerations before us in the HOC’s legal counsel pointed out numerous legal midst of an education that is usually considerations that affect the prisoners’ daily lives. For highly based in theory. Tomorrow when I example, after a Massachusetts judge toured the jails and go to court, I will understand the weight deemed double occupancy cells to be borderline of the juries’ verdicts, the judges’ unconstitutional, the HOC shifted its rules, allowing only one opinions, and the lawyers’ work—it is in prisoner per cell from thereon. the protection of our society, but also in the lives of our prisoners. Hila Solomon, J.D. ’14 CLINICAL AND PRO BONO PROGRAMS PAGE 5

CENTER FOR HEALTH LAW AND POLICY INNOVATION Clinical Fellows and Students Collaborate on PATHS Report By Kristen Gurley J.D. ’15 The Harvard Law School Center for Health Law and Policy diabetes through the state’s food system and health care Innovation (CHLPI) recently released an insightful and action system. The report provides numerous detailed -oriented report on the landscape of type 2 diabetes in New recommendations, including: making fruits and vegetables Jersey. The report, entitled the 2014 New Jersey State Report: affordable and accessible to people in many low-income Providing Access to Healthy Solutions (PATHS) – An communities; helping New Jersey children gain access to Analysis of New Jersey’s Opportunities to Enhance healthy foods at school; making communities conducive to Prevention and Management of Type 2 Diabetes, serves as a healthy, active living; providing access to the Diabetes resource for diabetes advocates and offers detailed policy Prevention Program; ensuring access to diabetes self- recommendations for the prevention and management of the management education, medical nutrition therapy, and diabe- disease. tes equipment and supplies; and enhancing care coordination for Medicaid/Family Care enrollees. Amy Katzen, explained, The report was a product of CHLPI’s PATHS project, which “by ensuring that all New Jerseyans living with type 2 diabe- aims to strengthen federal, state, and local efforts to improve tes have the tools, skills, and knowledge to manage their dis- the type 2 diabetes landscape through strategic law and policy ease, we can prevent many of the most severe complications, reform initiatives. The PATHS project, funded by the Bristol- keeping New Jersey healthier, happier, and more productive.” Myers Squibb Foundation through its Together on Diabetes initiative, To promote the PATHS report consists of state-level analyses in findings, CHLPI clinicians and New Jersey and North Carolina, as students traveled to Trenton, New well as federal-level recommenda- Jersey, to release the report at the tions and state best practices. It is the New Jersey Diabetes Leadership first product of a five year grant Forum, on March 27, 2014. As process, written over the course of Taylor Bates, ‘15 noted, “Ever since eighteen months under the supervi- I started working on it, the PATHS sion of Clinical Fellows Amy Katzen NJ project has impressed me again of the Health Law and Policy Clinic and again with its thorough research (HLPC) and Allison Condra of on diabetes in New Jersey and the the Food Law and Policy Clinic innovative solutions it offers. This (FLPC), the two divisions of CHLPI. Report co-authors Allison Condra (left) and Amy event showed me that the community Katzen (right) with New Jersey Senate President understands this problem and has the Fourteen students worked with staff to Stephen Sweeney power to solve it. New Jersey has a conduct extensive research and more chance to apply well-researched than fifty interviews with policymakers, government solutions to its growing diabetes epidemic, and based on what agencies, and non-profit organizations that are playing a role I saw at this event we’ll see a lot of progress in the coming in the state’s diabetes response. Their detailed findings years.” highlight the extent of the type 2 diabetes epidemic in New Jersey and provide actionable recommendations for diabetes The report was very well received by state legislators, agency advocates. policymakers, and community leaders. New Jersey Senate President Stephen Sweeney addressed the Forum attendees, “A frightening fact is that New Jersey ranks third in the describing his personal experience with diabetes and telling nation for obesity among low-income children ages two to the audience, “I’m in your corner.” five, predisposing them to a future diabetes diagnosis. Nearly three-quarters of a million New Jersey adults are currently “New Jersey has a very high prevalence of diabetes, with living with the disease,” said Allison Condra. “Our approximately 700,000 people living with the disease,” said recommendations should serve as a resource for diabetes ad- Robert Greenwald, Director of CHLPI and Clinical Professor vocates within the state who are already working to take of Law at Harvard Law School, in addressing participants of action.” the New Jersey Diabetes Leadership Forum. “This number is expected to double by 2025, and it is essential that advocates, The PATHS report first details the impact of type 2 diabetes legislators, and government agencies come together and take in New Jersey, and includes a profile of the state’s action now. Our hope is that the report will support these ef- demographics, economy, political structure, and existing forts and provide a resource to those that are already doing institutional capacity to address diabetes. Following this great work to address the prevention and care management assessment, the report identifies existing policies that impact needs of people living with or at risk for diabetes in the state.” LEARNING THE LAW | SERVING THE WORLD PAGE 6

SEMESTER IN WASHINGTON Our Semester in Washington By Jonathan Wroblewski, Clinic Director The 2014 edition of the Harvard Law School Semester in and missed a few too. We worked hard at our placements and Washington has now ended. It’s been a terrific semester full shared and learned from each other’s experiences. We of unusual weather, lots of learning and new experiences, thought about the ethical responsibilities of the government and a few surprises. lawyer and what it means to take care that the laws be faithfully executed, while the President and the Attorney In these last three months, we have tried to model and learn General were regularly being criticized for failing to do so. from great government policy lawyers. We’ve done so by We tried to figure out what makes a great organization great exploring issues arising from our placements and our work in and how leadership figures in to that. We ventured outside government, and also from the the Washington of tourists and headlines: from data privacy to monuments and served some of marijuana policy; from the people who call intellectual property protection Washington home. We shared a to foreign affairs; from interna- few meals together and got to tional trade and investment to know one another a bit better. crime and justice. We’ve For each of us, there were learned from one another and expectations met, expectations from leaders in government and missed, and surprises too. the private sector. We met fascinating people, including Most gratifying is that we were Chief Judge Patti Saris of able to create a small community Massachusetts, Justice Elena of learning away from Kagan, Chief Judge Ricardo Cambridge. I have enjoyed Hinojosa of Texas, Monika getting to know each of you a bit Bickert of Facebook’s policy and sharing some of our shop (and Kaitlin and Emily, too), Congressman Joe experiences over the past three months. Please don’t hesitate Kennedy, and an energetic group of young White House to call on me if there is ever anything I can do for you. For staffers from the Counsel’s Office and the National Security our graduating 3-Ls, my congratulations to you all on a job Staff. well done. For our 2-Ls, I will be in Cambridge in the fall to recruit for our Semester in Washington Class of 2015, and I We’ve looked at what policy making means and the building hope to see some of you there. For all of you, if you are ever blocks that make up rigorous and thoughtful policy making. near the Main Justice Building, please drop me a line and We worked on some critical skills for the policy lawyer and let’s find time to catch up. heard some pretty good “Elevator Pitches.” We visited the Supreme Court and watched two terrific oral advocates argue My best to all. Enjoy the summer! before the Court. We set goals for ourselves; met many;

SPORTS LAW CLINIC Clinic Student and Harvard Team Take First Place in Sports Case Competition

On February 8th, Sports Law Clinic student Alex Speaking about his experience in the competition student. “The practical legal experience I Rosen, ’14 participated in the inaugural Game received went above and beyond my Day Sports Case Competition, sponsored by “The clinic was a big reason expectations and, I believe, was the most UCLA Anderson School of Management. Alex efficient use of my “class time” at HLS,” he said. and his team pictured left won first place in the why I chose to attend HLS and “Professor Carfagna encourages students to find competition, bringing home a $5,000 prize. has given me a head start as I placements that are of interest to them and does look to begin my professional not hesitate to tap into his deep network to make According to the HLS News article, the a match. He has also been a great mentor and competition focused on client consulting and career in the area of sports supporter of other sports law initiatives, negotiation related to the potential move of an law.” including our Harvard team that attended the NFL franchise to Los Angeles. Eighteen teams Game Day Sports Case Competition. The clinic comprised of approximately 90 students flew in was a big reason why I chose to attend HLS and from around the country to participate in the and education at Harvard Law School, Alex said has given me a head start as I look to begin my event, which was judged by leading academics that the Sports Law Clinic provided him with an professional career in the area of sports law,” and sports industry professionals. opportunity to learn about the sports industry said Alex. while still being enrolled as a full-time law CLINICAL AND PRO BONO PROGRAMS PAGE 7

POST-FORECLOSURE EVICTION DEFENSE / HOUSING LAW CLINIC Student in Housing Law Clinic Helps Elderly Couple Fight Eviction By K-Sue Park, J.D. ’15 Less than 7 percent of their own. They are in their seventies and eighties, not very tenants facing evictions mobile, and one of them had a major stroke since the action have representation in was brought against them. Secondly, once at the courthouse, Boston Housing Court, in one of them became visibly anxious and afraid. When I tried which around 5000 to review the questions that we had already prepared for summary process cases direct examination, she could barely speak, her eyes watered, are brought annually. My and she held her stomach because she was nervous. Seeing experience representing this, the judge did not force them to the stand. I was glad, but one elderly couple, who also felt keenly aware that not all judges are so kind, and were the victims of a also, of how easily others in their situation might miss their foreclosure rescue scam, court appearances altogether, resulting in a default judgment showed me plainly that for the other side. Under these circumstances, it felt natural legal representation and necessary to speak up for them, and to put the training I makes all the difference have received in law school to exactly the use for which it for families and individuals facing eviction, and that the was meant. foreclosure crisis has also been a crisis in access to legal services. HLS NEWS Congratulations to Chris Bavitz and Esme Caramello My clients were an elderly immigrant couple from the British Isles, who at the time of foreclosure, had lived in on their Clinical Professor of Law Appointments! their house for more than forty years. They had fallen into financial difficulties with a bank loan at the very beginning of the national foreclosure crisis, in 2007. They were desperate for help, and fell prey to a foreclosure rescue scam artist who, unknown to them, had previously been convicted for defrauding single mothers of their welfare checks in the same neighborhood. Through him, third parties took out a new mortgage on their house. Then, he disappeared with the money and the bank foreclosed on the house. Finally, Fannie Mae purchased the house at auction while the elderly couple faced eviction. Subsequently, the Legal Services Center sued the scam artist and his team, and took on the couple’s defense in the summary process case.

In late February, on their behalf, I argued that Fannie Mae’s Notice to Quit had been improperly served since our clients were better understood as tenants than homeowners at the “Esme’s experience in tenants’ rights is second to none,” said time of the foreclosure. Massachusetts law moves in favor of Harvard Law School Dean Martha Minow. “Under her guidance, the non-traditional tenant: it considers occupants of a students connect practice and theory to solve important legal and property owned by another, who agrees to their occupation policy issues affecting low-income individuals. Passionate and and benefits as a result in a way that he would not otherwise compassionate, her strategic approach ensures that the Harvard Legal have benefited, to be tenants. Fannie Mae therefore Aid Bureau will continue to lead in vital work. And it is wonderful to mistakenly evicted them as homeowners, and failed to welcome an HLS alumna onto the clinical faculty!” Read the full story on HLS News. observe the procedural rights to which they were entitled as tenants. The judge agreed with me, and as a result, the “Chris brings imagination and deep experience in the digital and summary process case against them was dismissed. intellectual property worlds; his wide-ranging knowledge of media and IP law and his talent for creative problem-solving enable our From the beginning of my work on this case, I felt strongly students and colleagues to engage in exciting and meaningful about advocating for the elderly couple. However, I did not advocacy and policy work,” said Harvard Law School Dean Martha understand just how defenseless they were until the day of Minow. “His role in Harvard’s Digital Problem-Solving Initiative the hearing. First, we picked them up to bring them to the and in building ties with the University’s i-Lab are models for courthouse since they likely would not have made it there on cross-disciplinary thinking and innovation.” Read the full story on HLS News. LEARNING THE LAW | SERVING THE WORLD PAGE 8 EXCELLENCE AWARDS Congratulations to the 2014 Winners of the Gary Bellow Public Service Award! “She is diligent, compassionate, and “He took the Ohio Justice & Policy fights very hard for her clients. Just Center and transformed it into a Ford recently she argued a very difficult Foundation grantee,” she said. Motion to Suppress. She was well pre- pared and responded to all of the judge’s Prior to his role as Executive Director, questions, including citing to cases that David worked as a public defender for supported her position. The Judge noted seven years, in Harlem and then in that because of her presentation he would Washington, D.C. Before that, he served take the case under advisement and as a Skadden Fellow, providing legal re-read the cases cited before making his services to homeless people in New ruling,” said Kristin. “That’s Jessica in York. “Professor Bellow was a giant,” every one of her cases – her dedication David said. “Those of us who get the and preparation caused the Judge to award are honored to exemplify his pause. With all of her CJI cases, the ones qualities.” assigned to her and the additional ones David Singleton, ’91, Alum Winner that she volunteered to take from other Dean Martha Minow gave the opening Jessica Frisina, ’14, Student Winner students, she immediately calls the remarks. Sharing the pride with the client, sets up an interview and gets students, she said she came to the law On April 16th, Harvard Law School down to work,” she said. school in part because of Professor Gary student Jessica Frisina (3L) and Alumnus Bellow. His efforts opened up new David Singleton, ’91 were honored with In her remarks, Jessica thanked her HLS opportunities for students to gain hands- the Gary Bellow Public Service classmates for inspiring and challenging on experience with the practice of law. Award. The award was created in 2001, her these past three years, her clinical in honor of Professor Gary Bellow, a instructors for teaching her what it means Professor Gary Bellow’s wife and Senior pioneering public interest lawyer, to be a zealous advocate, and the Office Lecturer on Law, Jeanne Charn, also founder and former Faculty Director of of Public Interest Advising for helping remarked on his legacy, saying that Gary Harvard Law School’s Clinical her realize her dream of pursuing was firmly committed to greater equity Programs. The awards are presented juvenile justice. She noted that thanks to and pushed his students to think deeply annually by the HLS student body to all of these people, she is leaving law and widely about the practice of law. recognize one third-year student and one school “more energized and motivated graduate who have demonstrated than when she began.” After she excellence in public interest work and a graduates, Jessica hopes to pursue her strong commitment to social justice. passion by advocating for children in Detroit who are at risk of becoming Student winner, Jessica Frisina came to caught up in the school-to-prison Harvard Law School with a commitment pipeline. to public interest but uncertain about what area of law interested her the most. Alum winner, David Singleton, Between conversations with friends and graduated law school in 1991 and now clinical instructors, she came to realize serves as the Executive Director of the her passion for criminal justice and Ohio Justice & Policy Center. He started representing inmates in represents prisoners, making sure they disciplinary hearings through the receive fair treatment, and helps formerly Harvard Prison Legal Assistance Project incarcerated people re-integrate into (PLAP). Jessica spent her 2L summer at society by expanding opportunities for the juvenile Public Defender’s office in them to contribute to their communities. New Orleans and then went on to “You can see the sensitivity in his the Criminal Justice Institute to represent cases,” said Lisa Williams, Associate clients in criminal and juvenile court. Director at the Bernard Koteen Office of Public Interest Advising. “Jess has made my job very easy”, said Kristin Muniz, Clinical Instructor at Gary Bellow the Criminal Justice Institute. CLINICAL AND PRO BONO PROGRAMS PAGE 9 EXCELLENCE AWARDS Congratulations to HLS Student Shaina Wamsley on her Ethics Award!

Congratulations to Harvard intakes and cases, her attention to conflicts of interest, her Law School’s Legal careful explanation to clients of their and our rights and Services Center student responsibilities, her consistent care with highly confidential Shaina Wamsley J.D. ’14, medical, personal and legal information, her comprehensive who will receive the 2014 assessments of the broad range of legal issues presented in Law Student Ethics Award each case, her thoughtful examination of the social and from the Northeast Chapter political contexts implicated, her deeply generous mentoring of the Association of of several rounds of new clinical students and interns, her Corporate Counsel! Daniel insightful and constructive critique of systems and practices, Nagin and Roger Bertling and the intelligent compassion she has shown to each and of the WilmerHale Legal every individual she has encountered.” Services Center, and John Fitzpatrick and Sarah According to The Chapter, the award was created “to Morton of the Harvard recognize and encourage the ethical practice of law at the Prison Legal Assistance earliest stages of a young lawyer’s professional career, and at Project jointly nominated the same time to shine a spotlight on ethics more generally, Shania for the award. demonstrating that the legal community values lawyers who Together they write: are guided by ethical principles. The award, which includes a $1,000 scholarship, is given to twelve students, one from “Shaina … has demonstrated the extraordinary ability each of the participating local law schools, who have required for the honor of this nomination. Shaina has chosen demonstrated an early commitment to ethics through work in to spend hundreds of hours over the past 3 years providing clinical programs representing their first real clients.” direct legal assistance to the poorest, most marginalized and least able of the client populations served through the HLS “It is truly an honor to have been nominated for this award. clinical programs. … Clinical experience is not only about My clinical experience at HLS has been the most rewarding winning: it is about a thirst for learning and honing skills; it is part of my time here” said Shaina. about developing the capacity for self-reflection; it is about challenging perceived notions of how law should and does The Northeast Chapter of the Association of Corporate operate; and, ultimately, it is about taking on the personal Counsel’s Ninth Annual Law Student Ethics Awards dinner challenge of growing into an effective, thoughtful and ethical will be held on April 15, 2014 at the Union Club in Boston. member of the profession. … Her contributions compel this The keynote speech will be delivered by Wayne A. Budd, nomination; her firm adherence to the quiet, less heroic, Senior Counsel at Goodwin Procter LL.P. and Former U.S. everyday practice of ethical lawyering across dozens of Attorney for the District of Massachusetts.

Class of 2014 Chooses Tyler Giannini for its Teaching Excellence Award

Posted by Human Rights Program faculty and to witness and learn from. Anyone who works staff: with him can sense the passion that he brings to work. It is evident in the emotion, care, and As friends and colleagues of Tyler Giannini, impeccable commitment to quality that he we are thrilled that the Class of 2014 has invests into everything he produces, from U.S. chosen to award him the Albert M. Sacks-Paul Supreme Court briefs to course syllabi to A. Freund Award for Teaching Excellence. All student role-plays. Tyler works this way of us appreciate and benefit so much from his because he cares deeply about teaching his vision and commitment to our clinic and students to be thoughtful and effective human program–as a human rights advocate, a rights practitioners, and because he believes so clinician, and an innovator in the field and in strongly in the value of the work that he does the classroom. It is wonderful to see his dedica- each and every day. tion to his students recognized with this award. We are moved and beyond excited that Tyler Tyler is a rare find, a triple threat: an advocate- has received this well-deserved recognition. teacher-scholar who embraces all these roles We couldn’t be prouder of him. Thank you, and finds in them a harmony that is truly a joy Class of 2014. LEARNING THE LAW | SERVING THE WORLD PAGE 10 CLINICAL SPOTLIGHT EMILY LEUNG, Albert M. Sacks Clinical & Advocacy Fellow, Harvard Immigration & Refugee Clinic I have been working their stories and being able to help them is a humbling with the Harvard Im- experience. Our students are also very bright and dedicated and migration and Refugee for many of them, working in the clinic is their first time Clinic since the fall of developing a deep connection to a client. I really enjoy helping 2010. I have practiced students cultivate their skills and client relationships over the immigration law since course of the semester. I finished law school and feel very fortunate In terms of notable projects, I am very excited about an that I found an area of alternative spring break trip that my colleague, Phil Torrey and the law that I find in- I have organized. We are taking a group of HLS students to credibly interesting work with the humanitarian group No More Deaths in the and fulfilling. I am an Arizona desert. No More Deaths works to end the suffering immigrant myself and and deaths of migrants on the U.S./Mexico border through can relate to some of civil initiative. I also really enjoy the immigration policy our clients’ experiences. At the clinic, I supervise students on course because we invite notable advocates, practitioners and cases of asylum seekers and other immigrants pursuing human- scholars to speak about immigration, social change and their itarian relief and also work with our Clinical Director, important work. Professor Deborah Anker, on an immigration policy course. Outside of work, I enjoy cooking, reading, skiing (in the My favorite part of the job is working with our amazing clients winter), hiking (in the summer), and spending time with family and students. Our clients are a true inspiration and hearing and friends. SHAUN GOHO, Lecturer on Law and Senior Clinical Instructor Emmett Environmental Law and Policy Clinic I have been working with the clinic since the summer of 2008. the Clean Water Act, the deregulation of Roundup-Ready It’s hard to believe that it has already been close to six years. In Alfalfa by the Department of Agriculture, and the regulation of terms of substantive environmental issues, I am particularly hazardous air pollution from power plants under the Clean Air interested in the regulation of shale gas and shale oil extraction Act. Most recently, we filed an amicus brief in the winter term as well as the promotion of renewable energy. From a on behalf of Calpine Corporation in the U.S. Supreme Court procedural perspective, I am interested in citizen enforcement greenhouse gas permitting case, UARG v. EPA. of environmental laws and the doctrines that govern access to the courts. I also have an interest in environmental history. We are finishing up a paper with recommendations for ways that state agencies can improve their processes for responding In the clinic, we have done a number of projects over the last to complaints about water contamination associated with oil few years in connection with shale gas and shale oil extraction. and gas development. In another project, we are attempting to I mention an ongoing project below. Previous projects have identify best practices for state and federal programs that included an investigation of the authority of municipalities to promote conservation easements, either through providing tax regulate, limit, or ban oil and gas extraction within their breaks or through direct monetary grants. In a third project, we borders and the preparation of a guide for landowners who are are examining the negotiating with oil and gas company that wants a lease to drill legal authority to on their land. As for renewable energy, we have been litigating create microgrids for several years over the ability of renewable energy under Massachusetts contractors to contract for, supervise, and perform the public utility law. non-electrical portions of solar photovoltaic (PV) installations in Massachusetts. Last year, we also wrote a white paper Outside of work, suggesting ways to eliminate the current uncertainty over the I like to run, hike, scope of the property tax exemption for solar PV projects in read, go to movies the Commonwealth. and concerts, and hang out with my I have also worked with students on a number of amicus briefs family. over the last couple of years, including ones in cases involving the regulation water pollution from active logging roads under CLINICAL AND PRO BONO PROGRAMS PAGE 11

VETERANS LAW CLINIC CLINICS IN THE NEWS A Warm Welcome to Betsy Gwin

The Office of Clinical and Pro Bono HARVARD LEGAL AID BUREAU HLAB Inspires Truman Scholarship Student to Programs would like to offer a warm Pursue Career in Public Service welcome to Betsy Gwin, a new According to He, working for the Harvard Legal Aid Attorney and DAV Charitable Service Bureau helped him develop an interest in urban devel Trust Fellow with the Veterans Law opment and housing. He has focused his efforts on the Clinic. Previously, Ms. Gwin was a Bureau’s Eviction Defense Clinic, which runs a free Staff Attorney in the Child and Family legal services clinic for families in Boston facing Law Division of the Committee for eviction. Public Counsel Services. Ms. Gwin received her law degree from CYBERLAW CLINIC Georgetown University Law Center in Cyberlaw Clinic Teams w/WGBH to Support Boston 2011. While in law school, Ms. Gwin TV News Digital Library was Editor-in-Chief of the The Cyberlaw Clinic has teamed up with WGBH to Georgetown Journal on Poverty Law support the extraordinary Boston TV News Digital and Policy and worked as a research Library project. The project, funded by the Institute of assistant in the Federal Legislation and Museum and Library Services and the Council on Administrative Law Clinic. Ms. Gwin Library and Information Resources, is a collaboration completed internships during law school at the Legal Aid Society of D.C., among the Boston Public Library, Cambridge the Poverty and Race Research Action Coalition, and the American Bar Community Television, Northeast Historic Film and WGBH Educational Foundation that aims to bring to Association’s Center on Children and the Law. Prior to law school, Ms. life local news stories produced in and about Boston Gwin served as an AmeriCorps Paralegal at Cambridge and Somerville from the early 1960’s to 2000. Legal Services, where her work focused primarily on disability benefits advocacy. Ms. Gwin previously volunteered as a grant-writer to raise SHAREHOLDER RIGHTS PROJECT funds for children of fallen soldiers in Massachusetts and assisted patients Shareholder Rights Project Announces at a veterans’ treatment program in Syracuse, NY. She graduated in 2006 Major Results with a B.A. in Anthropology summa cum laude from Syracuse University, The Shareholder Rights Project (SRP) is a clinical where she completed her Honors Thesis on veteran culture. program operating at Harvard Law School and directed by Professor Lucian Bebchuk. The SRP works on behalf SPRING BREAK PRO BONO TRIP of public pension funds and charitable organizations In Photos: Death in the Desert seeking to improve corporate governance at publicly traded companies, as well as on research and policy The Humanitarian Crisis on the U.S./Mexico Border projects related to corporate governance.

During spring break, HARVARD IMMIGRATION & REFUGEE CLINIC Harvard Law students and HIRC at GBLS Defends Rights of Local Immigrants clinicians worked with No John Willshire-Carrera and Nancy Kelly, Co-Managing More Deaths, an Directors of HIRC at GBLS, with their students and organization that provides colleagues, continue their work on behalf of asylees and humanitarian aid to mi- immigrants. grants crossing the U.S.- Mexico border. Photos on HIRC co-writes Amicus Brief on Gang-Based the left depict their jour- Asylum Case ney into the Arizona The case of Jose Fuentes-Colocho highlights the Desert. You can read more complexities of cases involving youth fleeing gang about their experiences in violence. Fuentes-Colocho sought refuge from the Harvard Law Record El Salvador as a teenager after being repeatedly article ‘Confronting Un- persecuted by Mara Salvatrucha (MS-13). just Immigration and Bor- der Policies in the Arizona PROJECT NO ONE LEAVES Desert’ written by Sima Harvard Law School’s Project No One Leaves Hosts Atri and Emma Scott here. Conference on Continuing Foreclosure Crisis The conference brought together community organizers, attorneys, and activists from around the United States to TIPS share and discuss strategies for defending those If there's something you’d threatened by or going through foreclosure. like to share with the HLS clinical community, please send a tip to