The Paralegal

American Association for Paralegal Education Volume 28, No. 2 WINTER 2013

The Future of Paralegal Programs in Turbulent Times: Weathering the Legal Academy’s Perfect Storm See article on page 21 AAFPE 33RD ANNUAL CONFERENCE Las Vegas/Summerlin

See you in Las Vegas/ Summerlin, Nevada! The Paralegal

American Association for Paralegal Education

The Paralegal Educator is published two times a year by the American Association for Paralegal Education, OF CONTENTS 19 Mantua Road, Mt. Royal, New Jersey 08061. table (856) 423-2829 Fax: (856) 423-3420 E-mail: [email protected]

PUBLICATION DATES: Spring/Summer and Fall/Winter Service Learning and Retention in the First Year 5

SUBSCRIPTION RATES: $50 per year; each AAfPE member receives one subscription as part of the membership benefit; additional member subscriptions The Annual Speed Mock Interview Meeting 9 available at the rate of $30 per year. ADVERTISING RATES: (856) 423-2829 The Perils of Unpaid Internships 12 EDITORIAL STAFF: Carolyn Bekhor, JD - Editor-in-Chief Julia Dunlap, Esq. - Chair, Publications Jennifer Gornicki, Esq. - Assistant Editor The Case for Paralegal Clubs 16 Nina Neal, Esq. - Assistant Editor Gene Terry, CAE - Executive Director Writing in Academia 19 PUBLISHER: American Association for Paralegal Education

Articles and letters to the editor should be submitted to The Future of Paralegal Programs in Turbulent times: the Chair of the Publications Committee. Weathering the Legal Academy’s Perfect Storm 21 DEADLINES: January 31 and May 31.

Articles may be on any paralegal education topic but, on occasion, a Paralegal Educator issue has a central Digital Badges: An Innovative Way to Recognizing Achievements 27 theme or motif, so submissions may be published in any issue at the discretion of the Editor and the Publications Committee. (A submission may be rejected as well at Observation of Court Proceedings Critical to Student’s the discretion of the Editor and/or Committee.) Understanding of Litigation Processes 30 Articles may be of any length although, generally, submissions should not exceed 1,000 words. The article should be submitted with an appropriate title, the ABA Update 33 author’s biography (3-5 sentences) at the end of the article, and with a recent photo (.jpg at 300 dpi only). Articles should be submitted in Microsoft Word®. It is preferred that articles be double-spaced, 12-point The Battle with Latex: One Law Student’s Brave Journey 34 Times New Roman, and follow the conventions of good English. Please spell and grammar-check articles before submission. Additional editorial guidelines can be found Omniscient Mentor 36 at the AAfPE website (www.aafpe.org). Publication and editing of submissions are within the purview of the Editors, President, and Executive LEX Scholarship Essays 44 Director. The opinions expressed in The Paralegal Educator are those of the authors and are not necessarily those of AAfPE. Paramour Favoritism in the Workplace 57 Articles may be reprinted with the permission of AAfPE. To secure permission to reprint articles, please contact the Executive Director. AAfPE Bytes 61

THE PARALEGAL EDUCATOR WINTER 2013 3 IMPORTANT DATES TO REMEMBER 2014

January 31 March 13-15 Article submission deadline – Northeast Regional Conference The Paralegal Educator Boston, MA

January 31 – February 1 February 28 March 27-29 Board of Directors Meeting Essay submission deadline – South Central / Las Vegas, NV LEX Scholarship Southeast Regional Conference

April 3-5 Pacific Regional Conference June 6-7 Seattle, WA Board of Directors Meeting Atlanta, GA April 10-12 May 31 North Central Regional Article submission deadline – Conference The Paralegal Educator

July August September AAfPE

November 4-5, 8 Board of Directors Meeting Summerlin, NV

November 5-8 33rd Annual Conference Summerlin, NV AAfPE Calendar

4 WINTER 2013 THE PARALEGAL EDUCATOR By Jeannette Espinoza - New York City College of Technology Service-Learning And Retention in The First Year

As a first generation American and the first in my family to attend college, the idea of post secondary education brought forth many responsibilities and anxieties. Once I decided to attend college I felt obligated to finish. No one in my family had even finished high school, so graduating from high school, in and of itself, was an accomplishment. After deciding to continue my education, my family provided moral support but very little educational guidance.

In college I had very little guidance with respect to course or major selection. My grades indicated that I had proficiency in the Humanities or Liberal Arts. However, by junior year I needed to declare a major and reality set in. I was near the end of my college education and had two choices: either pursue a graduate degree or seek full time employment. I had approached my college education as a true learning experience. I took courses that interested me, and I had varied interests- Psychology, Sociology, Women’s Studies, Literature, Law, and Political Science. Fortunately my university had a social science interdisciplinary major.

THE PARALEGAL EDUCATOR WINTER 2013 5 Since I had no guidance in choosing a field of study that internship course, students are only eligible to take the would lead to a career path, I decided to apply to graduate course later in the curriculum. The clinic will afford students school. Since my major was interdisciplinary the graduate an earlier opportunity to gain practical experience while or professional school most appropriate for my helping the community. baccalaureate degree was law school. So I prepared myself to take the entrance examination and applied to law school. RETENTION and SERVICE-LEARNING Thankfully I was accepted. Service-learning2 proposes to integrate academic study The first year of law school was brutal and a and the benefits of community service which in turn promotes retention, “Service-learning should be thought rude awakening. I survived by utilizing my sheer of as a process that creates greater student engagement, stubbornness and refusal to fail, but was very which in turn results in the product of student retention.”3 disillusioned. I felt alienated from the rest of my Retention of students is of particular concern for law school classmates, moreover I felt that I did educational institutions in keeping students on track for graduation. The foremost scholar in retention theory, not have comparable skills and contemplated Vincent Tinto, puts forth reasons why students withdraw not returning. However, I succumbed to familial from college. Succinctly stated, Tinto’s theorizes that pressures to succeed, so I returned. In my second the absence of communities in the academic and social year of study, I was fortunate to choose from integration to college environment is a key reason for departure. Scholarly research has been extensive using an array of internships offered on campus. The Tinto’s sociological theories in further exploring college internships afforded me the opportunity to apply departure, “students who fail to adapt to their new my legal studies skills. I was helping people in the situation, academically or socially feel disconnected from the college and thus leave early.”4 community by applying my knowledge and most importantly I discovered that I actually liked the In a review of literature, Simonet expounds upon law because of its real world application. If it were academic integration, as students’ perception of their academic competency and connection to the academic not for the internships I most likely would have institution resulting in confidence to continue their discontinued my studies. studies. Service-learning seeks to integrate students into the college environment in order to engage them with My law school experience as a student motivates me as a their studies. Simonet puts forth certain outcomes of professor in an undergraduate legal studies program. I teach service-learning: Purpose- students formulate a deeper using real case applications, in an effort to breathe life into more critical understanding of the material; Relevance- the curriculum. I learned from my law school experience the material becomes more relevant in application to that becoming an active participant in my education was key the real world; Meaning- students’ college experience to understanding the curriculum and viewing the material becomes more personally significant; Belonging- students as relevant and interesting. Engagement in my studies was develop on -going relationships within and outside of their a motivational factor in completing my education. academic institution; and Results- students become more In teaching mostly first year courses I have noticed that academically and socially integrated and this improves 3 student attrition rates were high for first semester students. likelihood of retention. The first semester is crucial in most programs of study, in Service-learning has been extensively researched in attaining valuable knowledge to continue in the program. the academic community as to how it impacts student Acknowledging that freshman students in my course may development and how it relates to retention. The National also have similar feelings of alienation, inferiority and Center for Education Statistics recently reported that the disengagement from material that is foreign to them, I average six year graduation rate for all bachelor degree 5 decided to apply for a grant1 to start an on campus law granting institutions is 57%. Of special concern is engaging assistance clinic utilizing mostly freshman students to help first year students since it is first year attrition rates that community members with their civil cases in housing and have been reported as significant; it is estimated that 6 small claims court. “Although our program has a required approximately 30% of first year students do not return. 6 WINTER 2013 THE PARALEGAL EDUCATOR Specifically some studies have concluded positive retention The Federal government gave over $1.5 billion in grants to outcomes for first year students. One study found that support students who did not return for a second year.” 10 first year students who engaged in service-learning were Allocating resources targeting first year students only makes significantly more likely than those who did not participate sense when looking at the costs involved in educating them in service-learning to feel more connected to the campus but failing to graduate them. environment academically, socially with peers, and with faculty. The study reported a marginal two year retention The institutional implication of the studies is that resources rate for those students who did not participate in a service- should be allocated to target the first year student. It is learning project.7 Another study found that first year important to note that the reports cited above only speak students who participated in service-learning had higher of the monetary loss in failing to graduate students but intentions of re-enrolling the following year than do not address why students depart from college. Given non-service-learning students.8 It is important to note that the ongoing research in service-learning, it is important to service-learning as it relates to retention is not meant to be continue unearthing the underlying causes of departure, the solution to attaining higher retention rates; rather it is but also target research to certain populations of students meant to enhance those variables of academic confidence, that do not return. Discovering the reasons why students positive social relationships with peers and faculty and, feel disengaged from their education is foremost in figuring relevance of course material. out what will integrate them academically and socially to their college. It is in the best interest of colleges to invest Engaging first year students is essential to in programs that enhance those variables that influence retention, “[t]o do so requires institutional resources to retention and one hopes, to increasing the rate of implement service-learning in the first year, but also to graduation. The loss in terms of failing to educate assess service-learning to understand the value of this the student not only translates as a failure for the pedagogy in terms of student academic success and student but also as a failure for the educational retention.”11 institution and nation overall. One of the primary CONCLUSION goals of higher education institutions is to educate Reflecting back to the law assistance clinic, I see students and graduate students within a certain time taking ownership of their education. Students help design and implement the administrative aspect of the clinic, frame. When students do not graduate, the such as scheduling clients, organizing files and delegating cost of failure is high. The American Institute for work among each other. Students work side by side and Research recently reported the high costs of low collaborate with each other. They are learning leadership college graduation rates in terms of lost income skills and share their ideas with me. They also are applying material learned in the first semester to real cases; even and in lower tax receipts for federal and state students who performed marginally in the first semester governments. The study concluded that it cost courses come to understand how the material is relevant. the nation $3.8 billion in lost income, $566 million Not only are students learning but most importantly, they in lost federal income taxes and $164 million in have a sense of belongingness.  lost state income taxes9 when students failed to endnotes graduate within six years. This loss is estimated for 1 City University of New York, University Affirmative Action Committee only one year. Diversity Projects Development Fund 2 Service-learning, as defined by Campus Compact National Center for The cost of educating first year students who do not Community Colleges, is “a teaching method which combines community return is daunting. The American Institute for Research service with academic instruction as it focuses on critical, reflective reports that “States appropriated almost $6.2 billion to thinking and civic responsibility. Service-learning programs involve colleges and universities to help pay for the education of students in organized community service that addresses local needs, while developing their academic skills, sense of civic responsibility, and students who did not return to school for a second year. commitment to the community.” www.compact.org States gave over $1.4 billion to support students who did 3 Simonet, Dan. “Service Learning and Academic Success the Links to not return to their college or university for a second year. Retention Research” “Minnesota Campus Compact (May 2008):1.

THE PARALEGAL EDUCATOR WINTER 2013 7 4 Yeh, T.L. “Service-learning and Persisitence of Low-Income, First- Washington, DC: American Institutes for Research (2010) Michigan Journal of Generation College Students: An Exploratory Study” 11 Bringle R.G., Hatcher J.A. & Muthiah R.N. “The Role of Service- Community Service Learning (Spring 2010): 50. Learning on the Retention of First-Year Students to Second Year.” 5 National Center for Education Statistics http://nces.ed.gov/ Michigan Journal of Community Service Learning, (Spring 2010):47. pubs2011/2011230.pdf ( retrieved 2/28/12) BIOGRAPHY 6 Schneider, Mark,” Finishing the First Lap: The Cost of First-Year Student Professor Espinoza is an attorney admitted to practice in New Attrition in America’s Four-Year Colleges and Universities” Washington, York State and United States District Court, Southern and DC: American Institutes for Research (2010) Eastern Districts of New York State. As a practicing attorney 7 Keup, Jennifer R. “ The Impact of Curricular Intervention on Intended for over twenty years, she has experience in government and Second –Year Enrollment.” Journal of College Student Retention (2005) private sectors as well as education. She brings wide range 8 Nigro G., Farnsworth, N. “The Effects of Service-Learning on Retention” of experience in many diverse areas of civil practice. She is an A Report to the Northern New England Campus Compact (August 17, assistant professor in the Law and Paralegal Studies department 2009) http://www.compact.org/wp-content/uploads/2009/08/09-necc- of the City University of New York at New York City College of sl-and-retention-report-for-webdoc.pdf Technology where she teaches and is faculty advisor for the Law 9 Schneider M., Lu, Y. “The High Cost of Low Graduation Rates: How and Paralegal Studies Students’ Club. Much Does Dropping out of College Really Cost” Washington D.C.: American Institute for Research (2011) 10 Schneider, Mark,” Finishing the First Lap: The Cost of First-Year Student Attrition in America’s Four-Year Colleges and Universities”

LEX Graduation Sash

AAfPE offers Lambda Epsilon Chi graduation sashes for inductees. These sashes are purple satin, have the LEX Greek letters, and display the honor society seal embroidered in gold. Also available are LEX banners. The material and design of the banner are the same as the sash.

The sashes are available at a cost of $30, and the banners are on sale for $130 (payable by credit card or check made payable to AAfPE). Payment is required with submission of order. Orders must be placed within two weeks prior to commencement ceremonies.

AAfPE covers standard mailing costs for orders placed within a two week delivery date. Express shipping costs for induction certificates, pins, sashes, and banners will be billed to the LEX chapter.

8 WINTER 2013 THE PARALEGAL EDUCATOR By Mary Hatfield Lowe, J.D., Ed.D. - Northwest Arkansas Community College

The Annual Speed Mock Interview Meeting

Mary Hatfield Lowe just completed her 23rd year directing is. I meet some amazing people, set my own schedule and a paralegal program. She has started two ABA approved feel like I am where I belong. For me, running a paralegal programs and is currently at Northwest Arkansas program has been a great gig and it certainly beats the stress Community College in Bentonville, Arkansas. She presented of practicing law. this topic at an AAfPE conference a few years back and continues to improve on it every year. Several years ago, I looked at some of the duties I was most frustrated with and tried to figure out how I could make Okay, here’s the thing. There are some parts of being them better. Near the top of the list was hosting the Paralegal an administrator that I hate. The paperwork, for one. Advisory Committee meetings. For a number of reasons, my Unfortunately, it’s part of the job. You not only have student meetings seemed boring. And if I was bored hosting them, what assignments and homework, but also the college, state and about the wonderful committee members who gave up their ABA reports. I don’t think anyone who teaches 4 -5 sections evenings to attend? of American History or Psychology understands the never- ending work involved with being a one-person department. First of all, I needed for the members to realize how important Sometimes I wish that I could be a regular faculty member, they are. Unless they believe that they are important and have as teaching is what I really like doing. But what is, is what a genuine impact, they will not come to the meetings. The only

THE PARALEGAL EDUCATOR WINTER 2013 9 problem was that they don’t do the big things you see other Here’s how I recommend that you do it: community boards do. They don’t oversee building projects or budgets, raise money or hire potential administrators. 1) Plan it for early May or late April, when people are getting ready to graduate. Notify the committee members early But your Advisory Committee is very important and often. (The students already know; it’s assigned. In fact, and they need to know that. They are your ears, because of word of mouth, 1st year students know that they eyes and voice to the community. When you see an will have to participate in this event as a requirement of graduation.) excellent program, you see an active and involved Advisory Committee. Somehow, I needed to figure 2) Invite new committee members to this meeting, as it out how to get the committee members to realize is the most fun meeting of the year. This spring, I rotated that they had an important impact. 1 off 5 folks and invited 5 new folks. I have a large number of members on my roster (18-22), as it helps advertise the The second thing I needed to do was make my meetings program to the legal community and it is rare that every more interesting. All I had to do was look at my teaching. member will be able to attend every meeting. Sometimes, How had I made my classes better (and even fun)? Over I am lucky if half the members attend the winter meeting. the years, I have become a big believer in active teaching That’s the meeting where we do the bulk of the “drudge” and I try to have my students do a lot of the work. My job is work, including reviewing curriculum, syllabi, competencies to be the facilitator. I needed to do the same thing with my and assessment plans. For the spring meeting, I warn Advisory Committee. members that we will meet a little longer, usually two hours, so we have enough time for the mock interview activity at the So, what should I do to have my Advisory Committee realize end of the meeting. they have an impact and to get them actively involved in the meeting? Two things occurred to me. First, I realized 3) Feed your advisory group; a buffet dinner is usually the most important component of my program was missing: easiest. During the meal, you introduce your new members, the students. Secondly, I believe that the ultimate goal of and your returning members become reacquainted. Hand out any paralegal program is to help students find rewarding an agenda for the first part, the traditional meeting part, of paralegal employment. the evening. Since this is one of the two scheduled advisory meetings during the year, you need to make sure that you Why not combine the two and have the Advisory Committee address the issues that are listed under the Guidelines G-203 meet students and help them better prepare for the job D (as stated below). Each program is unique and has different market? Thus, the idea for the annual Speed Mock Interview areas that require more input than others. I always hand out Meeting was born, a take-off on the speed dating idea. a written update of the program, which includes the names of new faculty and the current job status of each new graduate. Voila! The Speed Mock Interview Meeting meets the criteria for your Advisory Committee’s role as outlined in G203D 4) Have someone attend to take notes and write up minutes. 4, 5 and 7. It assists in (1) developing job opportunities, Even if you have to pay for it out of your own pocket, it is well (2) publicizing the program and its students and (3) assessing worth it; particularly in the second part of the meeting when program effectiveness, including graduate performance. you are very busy as you are moving about getting everything Most importantly, it puts a human face on what your program and everyone together. To save money, you might see if your is all about: the students. department has a good work-study student who can help. This year, I hired Heather, a former graduate and paralegal This May, I hosted the event for the 12th year and it was supreme, who had been through the process a few years better than ever. Twenty advisory members interviewed 17 prior. For $40, she helped me set up the dinner and wrote new graduates. From that meeting, two graduates have been wonderful minutes. hired by advisory members who interviewed them. That was not expected, but was a nice outcome.

10 WINTER 2013 THE PARALEGAL EDUCATOR 5) Require your graduates to come. I schedule this meeting 10) After the Advisory Committee leaves, invite the students for the same time as my internship or capstone course. Prior to and capstone instructor to join you for dinner and an informal the meeting, students spend a class period working on resumes analysis of the evening. The students don’t have to stay, and interviewing skills. They are also given a list of the advisory but everyone (including me) is in good spirits about getting members and law firms so they can do background research. through the night. The students always tell me that, although Students are told to dress professionally and come with extra they were very nervous, after it is over, they feel pretty good copies of their resumes and printed copies of their portfolios. about having accomplished something they dreaded and they feel more confident about the interviewing process. 6) After the dinner meeting, break the committee up for the mock interview activity. We usually meet in a large room For me, and for them, it’s a wonderful way to end that has small tables around the perimeter. Sometimes, the semester and the program of which they have I have one committee member per table; this year I had been part for the past 2-3 years. more interviewers than interviewees, so some tables had two interviewers per table. Getting the right balance can You might give it a try. I believe that it is a great way to be difficult. This year, because I had so many graduates, six connect the new graduates with the Advisory Committee and interns who had already found employment were excused I think the Advisory Committee really likes the activity, as they and I invited two guests, which included a new adjunct faculty are sharing their expertise with students. They get a good idea member and the Director of Placement for the college. of who the program serves and what it is really about. And sometimes, like this year, one or two new graduates actually 7) Tell the graduates to arrive while the Advisory Committee get a job out of the activity.  is having their dinner meeting. During this time the graduates wait outside the room with the capstone instructor, and ENDNOTES fill out exit questionnaires. After collecting resumes and 1 The role of the advisory committee is specified in Guidelines for the questionnaires, bring the graduates into the conference room Approval of Paralegal Programs, G-203 D as follows: and assign them to different tables. This is the hectic part of “The advisory committee should: 1. Advice regarding admissions standards for the selection of qualified the evening as the capstone instructor and I strategically match students for the program. students with members. This year, students who desperately 2. Assist in securing competent instructors. needed work were interviewed by one of my three advisory 3. Inform the program about changes and trends in the field. members who run placement agencies. Students who wanted to 4. Assist the program in assessing the job market and in exploring and work for corporate were interviewed by Walmart Home Office. developing career opportunities for paralegals. 5. Publicize the program and secure community cooperation and interest. If possible, I try to have students interviewed by members who 6. Evaluate the adequacy of library resources. work in the same community in which the student lives. 7. Assess the effectiveness of the total program in terms of curriculum and objectives, the need of the legal community, and graduate performance.” 8) Ring a bell after 15- 20 minutes and assign students to another table. Schedule as many different interviews as BIOGRAPHY possible for each student and advisory committee member. I Mary Hatfield Lowe has been an attorney for 30 years and has been directing paralegal programs for 23 years. Northwest try to have three interviews per student. Arkansas Community College is the 2nd ABA approved program she has established and directed; the first program she 9) At the end of the interview process, rearrange the chairs established and directed was at UA Fort Smith. She is a graduate and invite everyone to get together in a big circle. I ask of the University of Illinois, the University of Louisville and the committee members to give advice to students and call on University of Arkansas. In addition to being in private practice, students to give their impressions of the evening. Usually, and working for juvenile court, she has taught at UA-Fayetteville, John Brown Univ., Arkansas Tech., Sebastian County Circuit Court, after a couple of questions, the ice is broken and students start and two summers at the Univ. of West Bohemia, Czech Republic. asking committee member questions. This year, the questions In 2009, she received the NWACC Outstanding Faculty Member were like they were in years’ past. “How do I answer the award and was selected for a 2010 national NISOD award. illegal question about my family life?” “How do I get my foot in the door?” “What if I have a bad experience with a former employer – should I list that job on my resume?” “Should I call after the interview if I haven’t heard anything?”

THE PARALEGAL EDUCATOR WINTER 2013 11 By Dovie Yoana King - San Diego Community College District

The Perils of Unpaid Internships

The concept of unpaid internships and whether they are lawful United States be paid at least the federal minimum wage, under federal and state labor laws has drawn a great deal of which is currently set at $7.25 per hour, for all hours worked attention recently due to high profile cases in the mainstream and overtime pay at time and one-half the regular rate of media. For example, in June 2013, a U.S. District Court judge in pay for all hours worked over 40 hours in a workweek. The Manhattan ruled that Fox Searchlight Pictures violated the Fair FLSA defines an employee as “any individual employed by Labor Standards Act (FLSA) and New York minimum wage laws an employer.”4 The FLSA goes on to define “employ” as “to by failing to pay production interns on the movie, Black Swan.1 suffer to work” and “employer” as “any person acting directly In another case, filed with the U.S. Department of Labor (DOL) or indirectly in the interest of an employer in relation to an in March 2013, student guestworkers from Latin America and employee.”5 When an employer “suffers” or “permits” another Asia who participated in a summer cultural exchange program to work, an employment relationship exists under the FLSA, alleged they had been used as “cheap, exploitable workers” regardless of the parties’ intentions. while placed in internship positions at three Pennsylvania McDonald’s franchises.2 Finally, the Director of the DOL’s Wage It is important to note that the FLSA does not preempt state and Hour Division made national headlines when, vowing to minimum wage and overtime statutes that afford greater crack down on employers failing to pay interns properly, she protections and benefits to employees. Indeed, states like stated, “there aren’t going to be many circumstances where Arizona, Florida, Illinois, Washington and Vermont provide you can have an internship and not be paid and still be in higher minimum wage rates than federal law, while other compliance with the law,”. 3 jurisdictions, such as California, Alaska, Nevada and Puerto Rico not only set higher minimum wage rates than federal This new awareness about unpaid internships has raised law but further recognize overtime pay for work performed in concerns among students who, in this weakened economy excess of 8 hours per day.6 and increasingly competitive job market, continue to face the difficult decision of whether to participate in such programs. Exception for Bona Fide Volunteer Work Certainly, the availability of unpaid internships abounds and is generally regarded at most college campuses across America The FLSA recognizes the generosity and public benefits of to be a practical way of gaining work experience and/or volunteering, and does not seek to pose unnecessary obstacles academic credit. As many will likely discover, however, unpaid to bona fide volunteer efforts for charitable or public purposes. internship programs may run afoul of federal and state labor However, Congress wanted to minimize the potential for abuse laws, resulting in unlawful employment. This article discusses or manipulation of the FLSA’s minimum wage and overtime pay the perils of unpaid internships. requirements in volunteer situations. Therefore, Section 3(e) (4) (A) of the FLSA and 29 CFR § 553.101 and 553.103 indicate Employee Rights Under the Fair Labor Standards Act that an individual is a volunteer and not an employee when he or she meets the following criteria: The FLSA, a comprehensive law enacted by Congress in 1938, regulates a number of areas of wage and hour law, including 1) Performs hours of service for a public agency for civic, minimum wage, overtime pay, recordkeeping, and child labor charitable or humanitarian reasons, without promise, standards. The FLSA requires that most employees in the expectation, or receipt of compensation for services rendered.

12 WINTER 2013 THE PARALEGAL EDUCATOR Although a volunteer can receive no compensation, a Despite the common pitfalls regarding volunteer positions, volunteer can be paid expenses, reasonable benefits, or a which can easily be avoided with some basic career counseling nominal fee to perform such services; to students, as a whole, bona fide volunteer opportunities present a strong option for students eager to gain experience. 2) Offers services freely and without pressure or coercion, direct or implied, from an employer; and Unpaid Internships in the For-Profit Sector

3) Is not otherwise employed by the same public agency to The FLSA makes a critical distinction between volunteer perform the same type of services as those for which the activities and work performed in the for-profit sector. individual proposes to volunteer. Specifically, the volunteer exception does not apply to the for-profit sector, even if the activity is meant to benefit worthy Because of the exception for bona fide volunteer work, causes. Therefore, the default rule is that work done in the unpaid internships at government agencies, nonprofits and for-profit sector must be paid. However, there are some educational and civic organizations, will likely be regarded as circumstances under which students who participate in for- lawful under the FLSA so long as the guidelines are met. For profit private sector internships or training programs may do that reason, such opportunities present a win-win situation so without compensation. To differentiate between a regular for students overall by giving them a resume boost while employee and a learner/trainee who may be unpaid, the DOL providing a benefit to society at large. However, students has developed six guidelines.8 To be exempt from federally- should be aware that volunteer positions that primarily mandated minimum wage and overtime pay provisions, for- benefit the employer and entail tasks that regular employees profit sector employers must comply with the criteria for a could otherwise perform, such as organizing files, making learner/trainee, as follows: photocopies and answering phones, may fall outside of the volunteer exception and be treated as employment in some cases. Further, employers cannot get around the FLSA 1) The training, even though it includes actual by misclassifying employees as volunteers or independent operations of the facilities of the employers, is similar contractors in order to avoid paying employees the minimum to that which would be given in a vocational school. wage or payroll taxes, disability insurance, social security, unemployment insurance and other employee benefits. 2) The training is for the benefit of the student. As an example, I recently handled a case on behalf of a college student who accepted an “internship” at a prominent nonprofit organization in San Diego.7 The student was 3) The student does not displace a regular employee, given the choice of working as a volunteer or independent but works under the close observation of a regular contractor on an educational campaign in exchange for employee or supervisor. some compensation (although much less than the minimum wage) while earning academic credit for school. However, the arrangement gradually became coercive when the 4) The employer provides the training and derives employer insisted that the student work 12 hour days and no immediate advantage from the activities of incur substantial out-of-pocket job expenses as a condition for receiving a stipend. Not surprisingly, the student struggled to the student; and on occasion, the operations may stay financially afloat during the semester and to keep up with actually be impeded by the training. homework. The job also took a physical and emotional toll, causing the student to contemplate dropping out of school. Instead, however, the student opted to seek legal help at the 5) The student is not necessarily entitled to a job at conclusion of the internship. With the intervention of my law the conclusion of the training period. firm, the nonprofit employer was quickly persuaded to pay the student all back wages owed, including overtime pay, penalties, liquidated damages and other generous remedies 6) The employer and the student understand that available to misclassified employees under the California Labor the student is not entitled to wages for the time Code, rather than face liability in court. spent training. THE PARALEGAL EDUCATOR WINTER 2013 13 These guidelines have never been fixed in regulation, but the or pro bono programs are available to assist needy individuals DOL has taken the position that if all six factors are met, no with employment matters. A good resource is the National employment relationship exists under the FLSA and minimum Employment Lawyers Association’s website accessible wage provisions will not apply to the intern.9 Despite its at www.nela.org.  strict application, however, the Wage and Hour Division of the DOL has in the past recognized in its opinion letters that Endnotes the outcome of a particular case will depend on the facts 1Glatt v. Searchlight Pictures Inc., No. 11 Civ. 6784, 2013 WL 2495140 surrounding the internship. Further, while some courts prefer (S.D.N.Y. June 11, 2013) (Pauley, J.). a “totality of the circumstances” analysis in approaching the 2The students were participants in the U.S. State Department’s J-1 Summer Work Travel Program. A copy of the students’ DOL complaint and other issue, other courts have ignored the six guidelines altogether, information is available at the National Guestworker Alliance website at: preferring instead to simply focus on whether the employer www.guestworkeralliance.org (as of July 1, 2013). or the intern/trainee was the “primary beneficiary” of the 3 The statement was made by Nancy J. Leppink in conjunction with the arrangement.10 April 2010 release of DOL’s Fact Sheet #71, “Internship Programs under the Fair Labor Standards Act,” located at: www.dol.gov/whd/regs/compliance/ Some employers maintain that the DOL’s criteria as it relates whdfs71.pdf (as of September 30, 2013). to unpaid internships are obsolete and rarely enforced, but 4 29 U.S.C. § 203(e)(1). such views are not likely to hold muster in light of recent cases, 5 29 U.S.C. § 203(d), (g). such as that of the production interns in New York, signaling 6 An interactive map of state minimum wage rates as compared to the that courts may be moving in a new direction. Further, while federal can be located at: www.dol.gov/whd/minwage/america.htm (as of some employers attempt to use academic credit or externship July 1, 2013). programs as a legal justification for unpaid internships, or 7 The facts of the case have been slightly altered to protect the privacy of attempt to misclassify employees as independent contractors, the student. the bottom line is that employers face considerable risk 8 The DOL’s six guidelines have their origin in the U.S. Supreme Court case, Walling v. Portland Terminal Co., 330 U.S. 148, 152 (1947), which held that when implementing unpaid internship programs that that the FLSA does not apply to those who work on the premises of another are inconsistent with the FLSA. For that reason, college for their own advantage. The Court identified six characteristics of the advisors should avoid facilitating questionable internships by trainees’ work that removed it from the scope of employment under the developing specific goals and criteria that are consistent with FLSA. DOL guidelines. Further, advisors should develop prescreening 9 Wage and Hour Division, Opinion Letter. FLSA2004-5NA, 2004 WL 5303033 procedures applicable to for-profit private employers prior to (May 17, 2004). approving a student for an unpaid internship placement. 10 See McLaughlin v. Ensley, 877 F.2d 1207, 1209-10 & n. 2 (4th Cir.1989); Carter v. Mayor & City Council of Baltimore City, 2010 WL 761210 (D. Md. March 2, 2010). Conclusion There are several takeaways from this article for educators, BIOGRAPHY employers and students involved in unpaid internship Dovie Yoana King is an Adjunct Professor at the San Diego programs. First, contrary to popular belief, there are real Community College District, where she currently teaches Labor downsides to unpaid internships that should be fully Law. She is also an attorney in private practice at Ochoa Legal considered and weighed against any potential benefits. Group. Dovie is a member of the American Association for Second, students should be encouraged to focus on gaining Paralegal Education. She is affiliated with the AFT Local 1931 meaningful training primarily for their own benefit rather than and AFL-CIO Lawyer’s Coordinating Committee. Dovie earned taking on menial jobs, such as picking up the boss’ dry cleaning her bachelor’s degree from Brown University and juris doctor or setting the office coffeemaker, which may require that they from Northeastern University School of Law. be compensated consistent with state and federal minimum wage laws. Third, college administrators would be well advised to review their internship program guidelines and assure that they are compliant with current legal requirements, and further avoid advertising, promoting and facilitating questionable internships that place students and employers at risk. Finally, there may be a light at the end of the tunnel for students who are willing to step forward to assert their workplace rights. In many local communities, free legal clinics

14 WINTER 2013 THE PARALEGAL EDUCATOR By Loretta Calvert - Volunteer State Community College (TN) and Bruce Moseley - Amarillo College (TX)

The Case for Paralegal Clubs

As educational institutions around the nation struggle to Bruce Moseley began teaching and directing a Paralegal discern the magic of student retention, higher graduation Studies program in 2009, and formed the Legal Society of rates, and student placement, one simple concept can Amarillo College (“LSAC”) in 2011. He admits that he initially lead to an education revolution in your paralegal studies started LSAC for selfish reasons. Bruce dreamed of visiting program—the creation and commitment to a student Washington, D.C. for an education-filled trip with paralegal paralegal club. Student paralegal clubs provide the students. In November of 2012, his club made that trip to opportunity for meaningful student-to-student and student- Washington and it was a life-changing journey for many. Most to-faculty interaction outside of a classroom setting. These of those 11 students experienced a new world, as nine had interactions can lead to improved services in the community never flown before, much less been to a museum or “eaten or educational field trips where learning reaches a new level in a restaurant with a table cloth.” And, this club has now of fun. Here are the experiences of two AAfPE members that proven to be much more than a vehicle for field trips to D.C. demonstrate the potential power of student clubs. or the state capitol.

THE PARALEGAL EDUCATOR WINTER 2013 15 Loretta Calvert began directing the Paralegal Studies College, and NALA; to promote job placements for those in program at Volunteer State Community College in 2007. Her the profession; and to be a nonprofit organization.” SPA has six predecessors had already established a student paralegal club, officer positions, including President, Vice-President, Secretary, as well as a LEX chapter. What she inherited, however, was Treasurer, Historian, and Justice. The role of the Justice is to a club with great ideas but with few members and only two act as a mediator and facilitator in the event of a disagreement active officers to keep the club functioning. By 2008, Loretta amongst the officers or if there is an impeachment proceeding. Calvert was awarded Club Advisor of the Year for turning the A representative is also selected to attend the college’s Student Paralegal Association (“SPA”) into one of the most administrative meetings for student clubs as a “Senator-at- active clubs on campus—a club committed to community Large.” service projects that benefit several counties in the college’s service area. Meetings

Getting Started Establishing the meeting time is a challenge each semester, for many of the same reasons Paralegal Coordinators often cite for Getting started was made simple for Bruce because his college not starting a club in the first place. Students are already too is “blessed” with an incredible Director of Student Activities, busy for one more commitment. They work full-time. They are and he “had an ambitious student eager to get us organized single parents. They are taking a full load. and in existence.” From his experience, there are two critical requirements to launch a successful student legal club, (1) a Yet, it always does work out. While face-to-face meetings are willing faculty advisor and (2) a willing student leader. Bruce necessary, each member attending every meeting is not. Much added, “If you are lucky, you will have two faculty advisors of the voting can be administered electronically, after the and many interested students.” LSAC was fortunate in that the meeting, so those not attending can still participate. Electronic Criminal Justice Department Chair stepped up to co-sponsor the voting can occur utilizing web tools such as Poll Everywhere, club with Bruce. This pairing benefited the club by drawing both Facebook, Yahoo, and others. LSAC has found that evening Paralegal Studies and Criminal Justice majors as members, as meetings, once per week, from 6pm-7pm is effective, since well as multiplying both industry and community connections. most paralegal courses are scheduled at night. SPA prefers monthly meetings, with ongoing interaction via Facebook. That With interested students and a committed faculty advisor in initial challenge of finding the right time and frequency for place, the mission and structure of the club can be defined. your club’s meetings can be overcome utilizing existing tools LSAC established a constitution with the stated purpose “to and a little creativity. provide educational, networking, and community service opportunities to students interested in the law.” LSAC is also Meeting agendas are typically focused on community service active in recruiting members from various majors, beyond projects, fundraisers and social events. Following reports from Criminal Justice and Paralegal Studies, to include Psychology, both Advisors and Officers, the discussion is opened up for Political Science, and Forensic Science, amongst others. Due additional planning efforts. Most meetings last about an hour. to this active student participation, LSAC has seven officer With the luxury of a second advisor, Bruce usually only attends positions, including President, Vice President, Secretary, every other meeting. Be prepared to spend an inordinate Treasurer, Fundraising Coordinator, Community Service amount of time deciding what color should be selected for Coordinator, and Social Events Coordinator. the club’s T-shirts or debating what type of community service project to pursue. And, remembering to set reasonable SPA established their club and constitution with a different expectations for the students on time commitments is critical approach. The original founding students focused specifically to the club’s success. on paralegals rather than all legal fields. SPA defined its mission “to further education among members of the Community Service profession; to advance, foster, and promote the paralegal profession; to encourage a high order of ethical and Student clubs provide endless opportunities for students and professional attainment; to establish good fellowship among faculty to give back to the community, and students are eager this association, the members of the legal assistant profession, to participate in this way. the students and faculty of Volunteer State Community

16 WINTER 2013 THE PARALEGAL EDUCATOR Most colleges and universities require student clubs where feasible to educate the public about the issue you are to perform some community service in order to addressing, the academic program the students represent, and the college as a whole. remain in good standing. SPA must commit to one community service project each semester; however, Special Events it is more typical to complete three or more projects a semester. SPA manages the annual Constitution In addition to community service activities, a student club Day activities on campus, each year focusing on a opens the door for many other learning opportunities that would otherwise be difficult to organize or conceive. This is different aspect of the U.S. Constitution. Activities where a little creativity expands into a unique and fun learning range from a Preamble puzzle to conducting mock experience. Ideas include: traffic stops, followed by a discussion of Fourth Amendment cases which inspired the officer’s GUEST SPEAKERS. LSAC hosted a guest speaker who came to the college to speak about Social Media. Because the speaker actions. SPA assists with the annual county H.S. was the Dean of a Law School, the Humanities Department Mock Trial Competition and acts as bailiffs during Chair enlisted the help of LSAC to organize the event. As the competition. SPA has also collected books for organizers, students had the opportunity to have dinner prisoners, raised money with an art auction for the with the speaker and learn more about his background and specialty. LSAC held one of their weekly meetings at a local local women’s shelter, and participated in fundraising courthouse, with presentations from the District clerk, a District activities for local animal shelters. judge, the District Attorney and an Assistant District Attorney. Other interesting guests might include a representative While Amarillo College does not require a community service from the FBI to talk about computer security issues such as project, LSAC has committed to perform at least one project pedophiles, hackers, and identity theft; or, a local DA who won each semester. LSAC members serve as mock jurors in a Trial a controversial murder conviction that made the news. Academy sponsored by the local bar for young attorneys, assists with intake at Legal Aid clinics, and participates in walks DEBATES. LSAC hosted a debate on the legalization of for non-profits organizations such as Race for the Cure, Buddy marijuana, with opposing sides represented by a local defense Walk for Autism, and March of Dimes. LSAC will be hosting attorney and the District Attorney. Over 500 attended the its first legal clinic during the upcoming semester, partnering event, with participation by students, community leaders, and with a local immigration attorney to provide assistance with the general public. A second debate is planned for the coming deferred actions to members of the community. year, pitting two local high school debate teams against one another over the issue of allowing guns on campus. Ideally, community service can strengthen a student club on two fronts. First, it provides an opportunity for your members FIELD TRIPS. In addition to the student tour of Washington, to bond with one another, while representing their college D.C., LSAC was invited to a local shooting range, with free to the greater community. This opens up further prospects firearms instruction from the Police Academy. SPA helped for both positive public relations and student recruitment. raise money to assist students in study abroad to three Second, students learn about civic responsibility and how the countries. The balance of the funding came from educational world functions outside of college life. When SPA members scholarships provided by the school. Other potential field invited Thistle Farms (an award winning non-profit) to visit trip destinations might include visiting the local zoo to check their campus, students learned from first-hand accounts how out strict liability issues for torts or a museum to learn about women end up in prostitution and drug use. This visit spurred intellectual property issues. A tour of local state and federal a greater interest to work with other groups on campus for the courthouses can be arranged, to include a behind the scenes End Slavery project in Tennessee, which addresses the issue look at various departments, such as the one that handles of sex trafficking. Truly, the community service possibilities asset forfeitures for the federal government. are endless and the resulting appreciation from community is clear. Remember to document your club’s participation by NETWORKING. The local bar association invited LSAC photographing students at these events and to seek publicity members to attend the CLE portion of its annual meeting at no

THE PARALEGAL EDUCATOR WINTER 2013 17 cost to the participants. The local paralegal association started Each year, Student Life at Amarillo College hosts a student both a mentoring program and a professionalism seminar for clubs banquet to celebrate the achievements and activities of LSAC members. Both the local paralegal and bar associations all campus clubs. In 2013, LSAC won the Outstanding Student have provided scholarship funds to SPA students in need. Organization award, which was an added bonus to an already successful year of activity. ON CAMPUS. Participating in a student club solidifies a relationship with the entire campus community. • When you invest in a student paralegal club, the potential rewards are boundless. Your college wins from a public • Each semester both LSAC and SPA host movie nights with relations standpoint and through improved student retention. legal themes. SPA organizes field trips to view new releases Your community wins from the investment of its citizens, and and examine legal issues over popcorn. SPA sponsors study the services and assistance provided at no cost. Your students jam sessions, LEX inductions, and graduation parties. SPA win from the unique experiences and friendships that last also takes students out for “business” lunches and dinners to beyond graduation. And, you win, because the investment review proper etiquette and discussion topics for professional of your time and energy to mentor a successful student club interactions. usually offers rewards far greater. 

• Each semester LSAC participates in a college-wide celebration BIOGRAPHY with a booth and some activity related to the event’s theme. Loretta Calvert is the Coordinator for Volunteer State Community For this year’s Mardi Gras theme, LSAC provided different BAC College’s ABA-approved program. She graduated from NYU (blood alcohol content) levels of beer goggles ranging from .06 School of Law in 1998. Her career as an attorney started at Sullivan & Cromwell LLP in New York City. to 1.6, and awarded beads to participants who could walk a straight line wearing the goggles. Bruce Moseley teaches Paralegal Studies and Criminal Justice at Amarillo College where he serves as Chairman of the Business • SPA sponsored a food drive, with a competition amongst Department. He is also law partners with Jeff Blackburn, founder student clubs to determine who could bring in the most items of the Texas Innocence Project. Bruce has an amazing and for the local food bank. LSAC participates in the college’s Club pregnant wife and 2 wonderful young daughters that are the Clash each year, where students compete in a wing-eating light of his life. contest, tug-of-war, quiz bowl, and other activities.

Help at Your Fingertips: The Educational Resource Library

The mission of the ERL is to provide members with course-level resources, such as syllabi and subject-matter projects; and program-level resources, such as assessment plans, rubrics, professional development ideas, and surveys. Since the ERL’s inception, the Education Committee has been gathering and cataloguing all types of information, even archives of relevant listserv discussions, in an effort to streamline AAfPE institutional members’ access to material designed to make our lives easier (always a bonus) and our programs even better.

To explore the ERL, go to www.aafpe.org, click on “Members Only,” and enter your Username (your email address) and Password (from AAfPE). If there is content you’d like to see added, please let us know. Or, if you have something to add, please send it to Mara Mooney ([email protected]) or Dora Dye ([email protected]). Contributors retain all copyright and author privileges to their own material. The ERL should only get bigger and better as time passes and more AAfPE members help it grow.

18 WINTER 2013 THE PARALEGAL EDUCATOR By Robert Mongue – University of Mississippi

Writing in Academia: How to Eat an Elephant

Previous Writing in Academia articles discussed process of writing -whether an article or a book - methods for developing research projects for can be particularly intimidating. In fact, finishing academic publication1 and the academic version the process can be so intimidating that many of us of IRAC as a method of setting a framework for never get started. There are several good books writing an article.2 Once the hypothesis has been on the market that provide practical guidance on developed and tested and we are prepared to productive academic writing 3 and I won’t pretend report the results of that testing, we can begin to cover the topic exhaustively here. Rather, I am the process of meeting our tenure and promotion going to suggest that the basic solution lies in one research and publication requirements. At times, of the “Elephant Jokes” that were popular when I the whole process can seem to be just too much to was a kid. This one is actually a riddle: How do you fit into schedules that are already chock full. The eat an elephant?

THE PARALEGAL EDUCATOR WINTER 2013 19 I have to admit to being intimidated by large projects. While The only remaining impediment is time – how do we find there are several houses (and one six-apartment building) the time to eat this elephant. I will not press the house in Maine painted by me, I never believed I could paint an painting analogy for this. If you liked writing enough to write entire house. First, such a project was just too large for on weekends, you would likely have stopped reading this me. I could not imagine finishing it, so I would not start it. article a few hundred words ago. And we are only fooling Second, painting a house by myself would take at least a ourselves if we think we can take advantage of the next week, and in thirty years of practicing law full-time I only break to do it all at once. Such time blocks seldom actually once got a full week off at one time. I could only paint a occur and when they do the pressure to perform creates house if I did it like you eat an elephant: One bite at a time. enough stress that more effort is put into procrastination I could not paint a house all at once, but I could scrape and than performance. The fact is you cannot find the time. You caulk the paint on one side this weekend, then paint that have to make it. Block out time two or three days a week side next weekend. The next month I could do the same for for writing and thinking about what you are writing. Make the second side. Bite by bite the house got painted. that time as sacrosanct as class time. If the dean’s secretary calls to set up a meeting at a time when you have class, you Sure, but houses have sides. Writing projects do would likely inform him of that fact and the meeting would be changed. If students want to meet with you when you not. It turns out, though, that writing projects have have a class scheduled, they have to wait. Both the dean something as good as, if not better than sides: and the students can wait while you write. Turn off your outlines. The key to this method of completing cell phone. Mute that annoying noise that announces you a writing project is a comprehensive, detailed have email. Teaching is our primary concern, but when it comes to meeting tenure requirements, it is first among outline. It is not immutable – sections and equals. Research, writing, and publication are some of the subsections can be added, deleted, and moved “equals.” With one or two hours three days a week, you can from spot to spot. The format for an academic eat a lot of elephant.  article suggested in Writing in Academia: ENDNOTES 4 Academia’s IRAC provides an infrastructure upon 1 Robert E. Mongue, “Writing in Academia: Getting Started,” 27 AAfPE which such an outline can be built. So, the first bite Educator, No.3, 16 (Spring/Summer 2012.) 2Robert E. Mongue, “Writing in Academia: Academia’s IRAC,” 28 AAfPE of this elephant is to outline the writing project as Educator, No. 1, 6 (Spring/Summer 2013.) extensively as you can. 3 Last year our Assistant Dean recommended Paul J. Silvia, How to Write a Lot: A Practical Guide to Productive Academic Writing (American Psychological Association, 2007.) It is indeed worth the read. Each subsection of the outline is a side of the 4Mongue 2013, supra at fn. 2. house that needs painting, but in bite-sized chunks, but they need not be tackled sequentially. BIOGRAPHY Sometimes a sub-heading will jump out at you Robert E. Mongue is an Associate Professor of Legal Studies at the University of Mississippi. He is the author of The Empowered and say, “Write me next.” When it does, write Paralegal book series. Mr. Mongue is Secretary of the AAfPE Board that subsection. Don’t worry about perfection as of Directors and chair of the Academic Forum Committee, formerly you bite off each piece of the outline. That’s what the Scholarly Journal Committee. editing is for. Just write what you are thinking at the time. Sometimes when you read on Tuesday what you wrote on Monday you will delete it all, other times either major or minor re-writing will do the trick.

20 WINTER 2013 THE PARALEGAL EDUCATOR By Leondra Hanson and Jeanne Kosieradzki - Hamline University

The Future of Paralegal Programs in Turbulent times: Weathering the Legal Academy’s Perfect Storm

Lately, it is hard to read a newspaper or journal tion has created a Task Force on Legal Education,1 without encountering a story on the rapid decline law schools are turning toward offering non-J.D. of interest in law school. This decline in law school programs, and states are increasingly examining admissions, the cry of law firms for practical train- licensing of new kinds of legal professionals.2 When ing in law schools, and a long history of unmet legal the storm calms, it is unclear where the paralegal needs in the United States has created a perfect profession will land, but changes in legal education storm for legal educators. With little input from the and legal service delivery cannot occur without some paralegal community, the American Bar Associa- impact on paralegals and paralegal programs.

THE PARALEGAL EDUCATOR WINTER 2013 21 This article examines some of the practical changes that have institutions nationwide. And paralegal programs, particularly already occurred to legal education, reviews the authors’ those offering post-baccalaureate programs, are questioning research about current trends in hiring of paralegal graduates, whether to incorporate a “Mastery” into their degree in and provides some practical advice for paralegal educators of order to compete. Commentators disagree about the benefit the nation’s hundreds of paralegal programs about positioning to students of obtaining (and paying for) a master’s degree. students in the changing job market. It concludes with a call Some believe the degree can be an employment asset, to action for paralegal educators to lead the conversation providing additional opportunities for employment and as about the future of law-related education and to speak loudly educators, while others believe it is not necessary and could on the topic of legal education for non-lawyers. It is difficult to even be a detriment.6 predict the outcome, but paralegals and paralegal education must be prepared to weather the storm. The intense competition for valuable, disappearing student dollars is not the only force impacting legal educators and Paralegal, Master of Law, Legal Technician – Different professionals. Simultaneously, but not necessarily in concert with the changes in legal education, the oicesv supporting titles for the same skills? access to justice are finally being heard after years of crying for changes in the delivery of legal service. Some states are One change that has already occurred is the recognition responding by considering licensing new breeds of legal by many in the legal community of a need for education, professionals with titles like “Legal Technician” to provide low- training, and possible licensing of legal professionals that cost, basic legal services.7 do not have a juris doctor. The educational marketplace is seeing an increase in law-related programming at institutions The differences in state laws about the Unauthorized Practice that do not use, and seem to rebuff, the paralegal title and, of Law, incremental and disconnected changes in legal service accordingly, do not seek paralegal program approval from the at the state level, and the unknowns of the new market for American Bar Association Standing Committee on Paralegals. the legal academy create a turbulent environment. The Of course, the programs are also not required to be reaction of many paralegal educators to these trends has accredited by the Council and the Accreditation Committee of been incredulity – after all, we wonder, why the expansion the ABA Section of Legal Education and Admissions to the Bar, of programming when numerous existing programs (250 resulting in new legal education programs without specific approved by the ABA, plus many quality programs that do not accountability to the legal academy or community. seek approval) nationwide already train non-lawyers in the law and its practice. Many law schools, possibly seeking sources of alternative revenue as a result of the decline in law school admissions, have recently created Master of Law degrees. 3 Nearly Paralegal Graduates: Current Trends in Education 30 law schools have or plan to offer a master’s degree for and Employment of Paralegal Students non-lawyers. 4 This number is up significantly from only a year ago.5 These programs have a high potential for One possible barrier to the recognition of paralegal programs causing confusion in the marketplace, particularly in those as educating professionals for an array of job opportunities markets with paralegal programs that are well known in the law has always been the term “paralegal”, which for by employers and prospective students. In addition, the many conjures a very narrow view of a traditional paralegal American Bar Association bodies that review legal curriculum position in a law firm. While the precise definitions are hard work independently of each other when considering the to pinpoint, and are the subject themselves of entire articles, accreditation of law schools and the approval of paralegal the fact is that most paralegal programs place students in a programs. Because both bodies only examine new programs, vast array of different law-related positions working with the like master’s degrees, with respect to their impact on the law field. As part of the evolution of the paralegal profession, current programs, neither has interest or authority, to paralegal programs began educating their students to use separately examine the merits of new programs. the paralegal qualification as another tool in a larger skill set, promoting, as law schools long have, “alternative” uses to Law schools are not alone in creating new law-related their paralegal certificate. programming. Law-related courses and programs of study are appearing in many units and across disciplines at In order to add some statistics to the general presumption and suspicion that paralegal graduates are both obtaining and

22 WINTER 2013 THE PARALEGAL EDUCATOR qualified for work in positions not traditionally contemplated Real Estate Specialist under the heading “paralegal,” the authors sought data from Risk and Compliance Manager the ABA Reports of ABA-approved programs and conducted Trial Court Coordinator a survey of paralegal educators. At the time of the writing of Title Examiner this article, thirteen programs participated in the collection of data from ABA Reports and sixty educators (primarily program From reported statistics compiled from the participating directors) responded to the survey. ABA Reporting schools and the survey data, a general trend emerged showing that about 60% of employed paralegal The first set of data, taken from those programs that provided graduates over the past 4-6 years, have obtained positions data from ABA Reports, demonstrated numerous, diverse roles that the directors would characterize as “paralegal” positions, in which paralegal graduates actually could gain employment. and 40% obtained jobs in other capacities – either in the Job titles reported by paralegals included titles with work “legal field” or in a “different field.” similar to that of a traditional law firm or corporate paralegal (e.g. case manager, litigation support specialist, case assistant, Of course, one problem with collecting the data is that director of law, legal analyst, litigation case manager, nurse the determination of whether to classify a position as a paralegal, to name a few). However, many titles indicated “paralegal” in itself requires a judgment call by either a professions not traditionally contemplated by the title (and it student in a survey, or a director in a report. 8 Paralegal is unclear in which instances these positions actually report educators clearly struggle with making this determination. to lawyers and in which they report to some other branch For example, in the same survey, when asked about specific of an organizational chart.) Here is a sample of those titles job titles, paralegal educators disagreed about how to (for a complete list, contact the authors): characterize several positions, actual position titles taken directly from ABA reports. When asked about the title Account Manager “Document Reviewer”, 47% of respondents indicated they Arbitration Management would characterize the job in an ABA Report as “working Bankruptcy Support Specialist as a paralegal”. For the titles “Legal Research Director” the Bar Association Administrator number shrank to 27%, and for “Title Examiner” 8% reported Casino Licensing Supervisor they would classify it as a paralegal. 9 Accordingly, it’s clear Claims adjuster/appraiser/examiner that even for the 60% who are working as paralegals, that Compliance: (Manager/Specialist/Officer) does not mean they are working with the title of paralegal, Conflicts Analyst and that 60% may include a number of positions that those Corrections Officer outside of paralegal education might not contemplate in their Court Reporter narrow view of a paralegal. Court Interpreter Crime Victim Liaison In addition, paralegal educators reported not only that Director of Law students are obtaining jobs in other types of positions and Director of Legal Research industries, but paralegal educators unanimously agree that Editor for Legal or Business Publisher the training they provide qualifies graduates for a number of Equal Employment Opportunity Specialist law-related careers. 100% of respondents agreed or strongly Evidence technician agreed with the statement: “Graduates of my program have Executive Assistant knowledge and skills that qualify them for a number of law- Intellectual Property Specialist related jobs inside and outside of law firms.” Moreover, Jury Consultant based on identified learning outcomes, paralegal educators Law clerk report that all of the graduates are at least “somewhat Licensing Supervisor skilled” if not “very skilled” in legal analysis, legal process, Commercial Real Estate Manager legal research, communication, and some substantive law, all Mortgage Loan Specialist areas that, most likely would make up a program to train non- Parole Officer lawyers in the law. Prisoner’s Librarian Probation officer It is clear from the survey that responding paralegal educators Property Manager in large part anticipate and train students for a broader set of

THE PARALEGAL EDUCATOR WINTER 2013 23 positions in the law than a law firm paralegal. The disconnect, be provided to paralegal students. Of course, much of this of course, is whether the rest of the academy and the industry work is done with resumes, portfolio building, and social recognize the type and depth of education already being networking, all of which are a high priority for helping provided in our programs. students find employment in this market.

Practical Steps Preparing Students for Expanded Roles Similarly, as part of equipping students with vocabulary about their own abilities, we must also ensure they understand While we, as paralegal educators, must insert ourselves into what they learned and accomplished in a paralegal program. the conversations about legal education and access to justice, Graduates must describe themselves to employers in words we do not need to wait for the dust to settle in order to help beyond the labels. Students must understand the skills our existing students. As the debate surrounding defining, and knowledge they have learned as paralegal students so licensing, and regulating non-lawyers transpires, more they can identify appropriate positions and explain their students enter and leave paralegal programs every semester. credentials to potential employers. Paralegal educators, by staying aware of the changes, can continue to prepare students for expanded roles despite As Learning Outcomes Assessment work has become a the uncertainty. Here are a few keys to helping position our priority in institutions and accrediting processes, an often students in the changing marketplace. overlooked but beneficial byproduct of the work is to help identify to students the curricular objectives and their own 1) Understand the job opportunities and the achievements. In other words, make sure Learning Outcomes suggested reforms in your market. are communicated clearly to students. This communication means more than listing objectives in a course syllabus, An essential step to positioning a paralegal for optimal although that is important. Building curriculum around employment opportunities is to understand the needs core skills and learning objectives, and then identifying for of the legal service provider market. A review of recent students where that learning is occurring, and if they are job advertisements establishes the fact that the role of succeeding, helps to give them the tools to participate in the a paralegal has greatly expanded from the early days of conversation. Learning Outcomes are not just the means by the profession when the majority of employment was in a which we prove our worth to institutions and accreditors. traditional law office assisting an attorney. Even if there is a Well-written learning outcomes help students understand lack of understanding generally about the work a paralegal is the difference between a student who simply says “I am a qualified to perform, a paralegal that understands their skill paralegal” and a student who says, “I can find the law, cite set will find many suitable employment opportunities. it, and communicate about the law,” or “I understand the principles of electronic document management.” 2) Provide students the vocabulary to articulate their abilities and credentials. In addition to helping students obtain jobs, thoughtful and researched Learning Outcomes may help as reform Programs should help students articulate the skills they had proponents understand the educational mission already before they joined paralegal programs, the knowledge and skills in existence in paralegal programs. It is easier to compare they gained in a paralegal program, and be able to compare different types of legal programs if the educational mission their own credentials to others competing for the same jobs. and student learning is clearly identified by what it is the program’s students are expected to “know and do” after the Many students have backgrounds in other industries gained completion of an academic program. before joining paralegal programs that can be leveraged for careers outside of the law. For example, students with 3) Encourage students to pursue a double major, a background in journalism who have obtained a paralegal if possible. certificate might work for a legal publication. Students with real estate backgrounds can work in different positions Opportunities may exist within an institution to expand a in corporate properties departments. Indeed, the same student’s positioning when entering the job market. Double alternative career advice long-dispensed to law students, majoring is one way to stand out from many. Double majors that their legal knowledge and skills are transferable to can be completed within the four year time period designed many career paths and desirable to many employers, can to obtain a bachelor’s degree. 24 WINTER 2013 THE PARALEGAL EDUCATOR Legal Studies and Women’s Studies are natural co-courses of and socially responsible people committed to the common study. Women’s Studies encourages development of cultural good and practiced in ‘doing’ democracy…” 12 In addition, and political awareness, as well as confidence and ability to the task forces believes that civic learning needs to be an identify and challenge systems of oppression that limit the integral component of every level of education from grade freedom and potential of all people. 10 Through this course school through graduate school across all fields of study.13 of study, student’s gain critical perspective on freedom and It is a laudable goal to take this paradigm beyond the empowerment in society. The study of the law provides education setting and into the professional setting. A savvy similar perspective. A course of study in these two areas paralegal student will see volunteer work as not only an positions students for many types of work.11 opportunity to help one’s community, but as an opportunity to gain additional competencies. A Legal Studies degree provides the foundation for understanding the legal system. For that reason it 5) Encourage students to consider obtaining existing serves as a desirable double major with a criminal credentials from industry organizations. justice major or social justice major. In many markets, it may benefit students to obtain credentials or designations from national paralegal Similarly, a Digital Arts Major or Computer Science Major organizations. Since 1975 the National Association of Legal compliments a Legal Studies Major. Many organizations Assistants (NALA) has offered the “CLA” or “CP” (Certified count on an understanding of law coupled with technology Legal Assistant/Certified Paralegal) designation to those for the purposes of managing eDiscovery matters or ensuring paralegals willing to take an exam and meet certain criteria medical and other data transmitted electronically complies for experience and continuing education. More recently, the with various privacy laws such as HIPPA regulations. Double National Federation of Paralegal Association (NFPA) added Majors can be an important credential when positioning for to its Registered Paralegal (“RP”) designation by offering employment. Of course, institutions differ in their offerings the “CRP” or Core Registered Paralegal designation aimed to students, but programs can be creative in advising toward paralegals at the entry level. Both NFPA designations students by considering the marketplace and the programs require applicants to meet certain educational and/or that exist on campus. experience criteria and to take an exam. 14

4) Provide service learning opportunities. There are other certifications offered by organizations, of course, and some state bar associations provide similar Another key educational credential necessary for positioning credentials for paralegals in their states. Paralegal educators within the expanding paralegal market can be found in need to ensure that graduating students understand the offering paralegal students opportunities to serve the public options, and the possible benefits, of obtaining these through volunteer and service programs in schools. These additional credentials. Moreover, paralegal programs should opportunities are resume builders giving students practical work within their local communities and markets to be sure and transferrable skills. that lawyers and other potential employers also understand these credentials and what each represents in terms of The vast majority of people seek education with the knowledge and skills. ultimate goal of obtaining paid employment. While full time paid employment with benefits is desirable for economic Positioning Our Students and Programs for the Future survival, there are additional and important networking and skill development opportunities to be found in volunteer The best advantage we can provide the graduates of our work. Many times volunteer opportunities exist that can be paralegal programs is to position ourselves to lead, and not performed in addition to full time employment. In fact, it is follow, the discussion about the future of legal education. useful for development and expansion of skill sets. The first programs for educating paralegals appeared by the 1970’s.15 The American Bar Association responded In January 2012, the National Task Force on Service shortly thereafter by creating an educational approval Learning and Democratic Engagement asserted that a process. 16 Currently there are approximately 250 ABA “socially cohesive and economically vibrant United States approved programs. 17 democracy…require[s] informed, engaged, open-minded,

THE PARALEGAL EDUCATOR WINTER 2013 25 The differences in type, level and labels of non-J.D. legal ENDNOTES education programs can make it difficult for employers and 1 According to ABA website, , the purpose of this task force is to study businesses to understand the knowledge, skills and values the key challenges facing the delivery of legal services and the provi- sion of legal education in the United States. A review of the bios of the that graduates bring to the table, making it difficult to members reveal that there is not a single paralegal educator on this task compare candidates for prospective positions. Law schools force. This further exemplifies the lack of collaboration between lawyer are facing increasing enrollment problems as their entering and non-lawyer educators at a time when more than ever we need class numbers shrink from year to year with no signs of to figure out a way forward together. < http://www.americanbar.org/ groups/professional_responsibility/taskforceonthefuturelegaleducation.html > improvement. This situation results in new attempts by law 2 < http://www.wsba.org/News-and-Events/News/ schools to remain in the education business. Supreme-Court-Adopts-Limited-License-Legal-Technician-Rule> 3 Law for Laymen, The National Law Journal, < http://www.law. Paralegal educators face an important question: “how do com/jsp/nlj/PubArticleNLJ.jsp?id=1202600625077&Law_for_ we respond and interact with these programs?” Importantly Laymen&slreturn=20130518084436> 4 Id. there is a national debate currently in process on the future of 5 Id. the legal profession. The debate considers the new direction 6 < http://paralegaltoday.com/issue_archive/features/feature2_jf06.htm,> that legal education ought to take. While there is much Stacey Hunt, CLA, CAS, Paralegal Master’s Degrees: Are They Worth the discussion about the need for practical training and closer ties Investment, Paralegal Today, Volume 30 Issue 1, Q1-2013 7 to the legal profession, there is not much discussion about See, e.g. the Limited License Technician Rule in the state of Washing- ton have secured in the last few decades, already have practical 8 The definitions of paralegal and the difficulty of defining the term are training and close ties to the legal profession. discussed in an article by the authors submitted for publication in other journals at the time of this piece. 10 As paralegal educators, we need to speak up about the 11 work. We need to direct students toward any jobs that call for 12 The National Task Force on Civic Learning and democratic Engage- the skill sets they possess. We need to become involved in the ment. 2012 A Crucible Moment, College Learning & Democracy’s Future. Washington D.C.: Association of American Colleges and Universities. shaping of the future of legal services by getting involved in 13 Id. the conversation and on the task forces at the local, state, 14 See comparison chart from National Federation of Paralegal As- and federal level. sociations, Comparison of National Level Paralegal Certification Exams, updated April 26, 2013, accessed September 20, 2013 The paralegal profession is in its infancy having been around 15 Therese A. Canon, Ethics And Professional Responsibility For for less than 50 years. The role of the paralegal has expanded Paralegals (6th ed. 2011) from that of one exclusively geared toward providing 16 Id. support services to the lawyer to one that encompasses 17 Id. 18 a vast array of responsibilities. We can help our students See e.g., Ethan Bronner, A Call for Drastic Changes in Educating New Lawyers, N.Y. Times, Feb. 10, 2013, regulation of the paralegal profession is almost as old as the 19 Id. profession itself, there is not consensus among the states as 20 Id. to how and whether to regulate. Paralegal educators must BIOGRAPHIES take an active role in the discussion to make sure educators Professor Hanson directs the Paralegal Program at Hamline who have been educating non-lawyers and shaping their University in St. Paul, MN. She has served as Hamline Univer- professions continue to provide important input that will sity’s Director of Learning Outcomes Assessment and frequently guarantee the paralegal profession survives and thrives after lectures and presents about the value of assessment frameworks. the legal academy’s “perfect storm.”  She is an Assistant Professor of Legal Studies and Affiliate Pro- fessor of Women’s Studies.

Professor Kosieradzki is the Chair of the Legal Studies Depart- ment and an Affiliate Professor of Women’s Studies at Hamline University and served for a decade as Hamline’s Paralegal Program Director.

26 WINTER 2013 THE PARALEGAL EDUCATOR By Penny Lorenzo -Kaplan University

Digital Badges: An Innovative Way to Recognizing Achievements

Back in the day, a Girl Scout or a Boy Scout would perform was attained, whether there is an expiration attached, as well certain tasks or achieve a certain skill set in order to receive as any evidence as to why it was awarded to the individual. a merit badge. The icon on the badge designated what this Badges can represent experiences that happen in and out of skill was. It was then sewn onto the uniform sash or vest so an academic environment, including recognizing soft skills such that when worn, all could see what the Scout had achieved. as leadership and collaboration that can be earned through an Similarly, Fraternities and Sororities gave each new member organization or association. Often, though, you will find that a pin at the initiation ceremony to be worn at all times, to the badge does actually track some type of lifelong learning show they were a member of this distinguished organization. such as a continuing learning education activity. The pin had an insignia that was unique to each organization. Attending a workshop for continuing learning education How did Digital Badges Originate? credits usually ends with the presentation of a certification demonstrating completion of the activities, and a mastery of Digital badges were introduced at a 2010 the information. conference held by the Mozilla Foundation. The thought was that learning happens The badges, pins and certificates were all tangible ways to everywhere but it is difficult to obtain recognition let alone designate you had achieved something special. You worked a tangible acknowledgement for skills and achievements in hard, and this was a token to demonstrate those efforts you organizations, associations, or lifelong learning that happens put into the activity and knowledge you retained from the outside of the traditional classroom. Mozilla created a exercise. As our world and technology expand, we now have community on the web that would allow people who earned digital ways to recognize the skills and efforts put forth in badges to encourage others with the same interest to go through activities that you can use on a resume or in an electronic the process for earning the same badge, or allow someone portfolio to show others what you have achieved. to simply display badges they earned in an open and free infrastructure for sharing (http://openbadges.org/). The goal was What are Digital Badges? to help people at all stages of their lives and careers to display newly acquired skills that would open career and educational You may be asking, what exactly is a digital badge? It sounds opportunities; in other words, to open up new life pathways. interesting, but is it just a fad or a silly gimmick? A digital badge is an image file encoded with metadata or information Since Mozilla’s 2010 conference, there has been an annual that describes what the badge stands for, such as what competition called, “Badges for Lifelong Learning,” that is organization it is associated with, what skill or achievement sponsored by the MacArthur Foundation, in collaboration

THE PARALEGAL EDUCATOR WINTER 2013 27 with the Mozilla Foundation. The competition invites Kaplan University is currently developing a badge for its organizations to create badges that identify skills, knowledge, School of Legal Studies Paralegal Club members. And the accomplishments, and competencies. The awards are grants badge represents more than mere membership. It is designed that range from $25,000 to $175,000 to promote teacher to represent collaboration, leadership, acquiring skills and learning and feedback. As you can see, there is a push to use new technologies of the field, professionalism, and a myriad the badges as a way to promote education. In fact, the Bill & of skills that a paralegal utilizes daily in the field of practice. Melinda Gates Foundation grants awards for the Teacher and This is accomplished through active participation in events, Project Mastery Competition that promotes interest-driven collaborating with experts working in the field, taking officer learning. The idea is to support and report findings of novel positions in the club, and networking with colleagues in the and effective ways to assess learning practices. The digital club and the community at large. badge facilitates both student engagement and an opportunity to assess student learning progress when levels of badges are When a member performs some additional service to the awarded based on a student’s proficiency. club such as editing the newsletters or serving as a Chair over a fundraising event for a charity, they could be awarded the As U.S. Secretary of Education, Arne Duncan, stated at the 2011 leadership badge. This badge could “live” on their Linkedin launch of the Fourth Annual MacArthur Foundation Digital Media page or they could place it on their resume. If a prospective and Lifelong Learning Competition, “Badges can help engage employer moved a cursor over the badge, the following students in learning, and broaden the avenues for learners of description would appear: all ages to acquire and demonstrate as well as document and display their skills. By promoting badges and the open education “Kaplan University School of Legal Studies awards this infrastructure that supports them, the federal government leadership badge for achievement above and beyond normal can contribute to the climate of change that the education, membership duties. This badge recognizes work that is highly business and foundation sectors are generating. We can build productive, and which furthers the overall strategies of the new avenues for entrepreneurship and collaboration, and spark Paralegal Club. The individual recipient has organized and economic development at home and around the world.” worked on activities to promote the club, participating in social events, and/or assisting in recruiting efforts. The individual In fact, groups as diverse as the 4-H organization, NASA, PBS, recipient of this badge is committed to the organization and SSP and Intel, and Kaplan University, are all developing digital motivates others to become enthusiastic in our endeavor to badges. And the list continues to grow daily. create value for our members and promote the legal field.”

The 4-H organization is awarding badges to the youth Will this catch on? The thinking is that it will; there will be a participant who works through the requirements and provides domino effect as more local and national associations, clubs evidence of completion to earn a badge. Adult volunteers and and organizations see the value in providing the badges to leaders are required to guide the learning process and review their own members as well as promoting the good work their and approve the evidence and make recommendations to the organizations are doing. 4-H digital badge county or state representative. What does this look like in a classroom? NASA worked with the CEO of Project Whitecard and Wheeling Jesuit University as well as Mozilla to create a system that Using the same theory of gaming in classrooms, the idea is that tracks digital badges recognizing life achievements. The awarding badges will engage students, help with assessment, emphasis was advanced interactivity with robotics, science, and track student achievement. Badges can be awarded for technology, engineering, and math. NASA’s Curiosity Rover participation such as posting to discussion board threads Challenge Badge was the result. Web surfers have a chance to in an online classroom or awarded based on achieved level interact with 3D content and test a game that mimics some of on a quiz. The badges can be used to motivate students by the new rover’s capabilities. offering staggering levels of badges for mastery. For example, a badge could be awarded to a student for “great beginnings” SSP and Intel have created an online badging system and ultimately end as a “guru” if they post a certain amount to recognize high school students’ participation and to a discussion board or show mastery of the material being achievement in science fairs and independent student covered. Badges could also be awarded for the student who scientific and engineering research. normally posts in the late evening with the “all-nighter” or 28 WINTER 2013 THE PARALEGAL EDUCATOR the one who thinks “out of the box.” There are no limits as to or attained some knowledge. If there are no requirements to what can be awarded, how it is awarded (it can be automated or receive the badge, then it holds no value. It holds value because awarded at the discretion of the faculty member), or why. The it was earned. only key is that it be meaningful so the student finds it worth their while to engage and participate in order to attain the What does this Mean for You? badge. With the widespread use of badges, you will find awarding visual You might ask how this differs from earning an “A” in the class. recognition of accomplishments an easy and impactful way to The essence of education is that students need preparation, motivate students in the classroom or provide a tangible way practice, and performance to master materials in the classroom. they can inform others about skills, endeavors and successes The preparation is providing lectures or seminars around the they have attained. These digital icons can be added to resumes, materials, holding discussions, and requiring students to read added to an ePortfolio the recipient creates, or added to a materials about the topic. The performance is where the “A” personalized digital badge Backpack, which can be shared comes in. Students must demonstrate their abilities through publicly or privately with others. In fact, Mozilla provides free written assignments or objective and subjective exams. But and easy access to a digital backpack on their website. The Open there needs to be a nexus between these two points. This is Badges area on Mozilla will allow individuals to gather badges where badges can play an integral role. Much like a self-test or from any site on the Internet and demonstrate what has been a review check, students can practice with the materials or join learned and what has been achieved. If you would like more in the discussion without worry that their grade is affected and information about Mozilla’s Open Badges community, please thus, experiment, test out ideas, and learn. visit: http://openbadges.org/en-US/.

A neurologist and educator, Judy Willis, commented, “The When you share your badge, everything one would want to popularity of video games is not the enemy of education, but know about the skills or achievements attached to the badge rather a model for best-teaching strategies.” Game rewards received is available with one click or rollover of the icon. If you recognize incremental progress, not just the final goal, she want to apply to an association or organization that has some argues. (2011 Edutopia). requirements attached, again, the badge can exemplify those accomplishments and credentials. You would simply provide You do not have to be a “gamer” to understand that all access to your ePortfolio or Backpack to the organization, or individuals like to be recognized for their achievements. We all provide your resume (with the icon embedded in it) to the like to measure our progress or know where we stand when desired party. And if you are the one awarding the badges, your learning a new skill or mastering new information. The activities organization can gain instant recognition for the good work you that the student engages in would be educational based and are promoting. while a game-type software could be used to develop the activity, it does not have to be. The activity should be whatever As digital badges gain more recognition, another aspect to them is appropriate for the course and students. Digital badges simply is that the simplicity and visual of the badge will alert a potential provide a visual stimulant and reward progress. And without employer or organization to immediately recognize what it the “grade” being factored in, students will relax and learn for means and your association to it; just like a merit badge or a learning’s sake. society pin of days gone by, digital badges bring newly acquired skills to your resume or portfolio in a prominent way.  If you would like to experiment a little with this idea, check out https://credly.com/. This free tool will allow you to create BIOGRAPHY your own badge as well as provide you with a way to award Penny Lorenzo holds her BA in English from the University of it. You never know how far a little encouragement can go South Florida, her MA in English and Rhetoric from Northern with a student. Arizona University, and her JD from South Texas College of Law. She has been in higher education for over 14 years and What can it mean if anyone can create a badge for any reason? is currently the Assistant Dean of Faculty in the School of Legal Studies for Kaplan University. Prior to joining Kaplan, she was Does it dilute the value of the badge? Not at all. What it does in private practice specializing in criminal defense. In her spare is create more of an awareness of badges and the value placed time, she enjoys writing historical fiction and hiking in Arizona within it. Remember that one critical component of a badge with her husband and beloved dog, Cooper. is to demonstrate that the recipient has achieved some skill

THE PARALEGAL EDUCATOR WINTER 2013 29 By Aaron S. Bartholomew and Carolyn Howard - Utah Valley University

Going to Court: Observation of Court Proceedings as a Teaching Tool

Over a decade ago now as new law students, Civil Procedure about killed us. We suffered through endless discussions about jurisdictional problems in Erie, International Shoe,and the Burger King forum-selection case. Our minds raced at the complexities of the many types of jurisdiction and venue problems we could expect to encounter as lawyers (but we now know that we almost never do) and the myriad of procedural nightmares that awaited us in law practice. We understood then, as we do now, that there is power in understanding court rules and processes, perhaps just as much power as having the facts and law on your side of the case. Still, those were hard months in that course, trying to grasp how all those pieces--jurisdiction, venue, service of process, discovery and on and on—all fit together.

What we know now as instructors teaching the very same subject is that we had such a difficult time as students coping with all these new terms and concepts because we lacked a context in which to understand them. We saw them as discrete and individual parts and not part of a much broader, longitudinal process. Now as teachers, we strive to create the “a-ha” moment of a student seeing how all the pieces fit and how they work together in all their complexity. Structured court observation is a key pedagogical tool in creating that kind of contextual understanding in students who study the law.

30 WINTER 2013 THE PARALEGAL EDUCATOR Higher Education has always used general practices in proper expectations with students in preparation for teaching techniques such as exams, quizzes, presentations, their court experience, discussing the reality that many group activities and other assignments in courses to both hearings are procedural and helping them see those create and assess learning. However, more institutions hearings as part of a larger process. Even in observing are grasping on to this idea—that to “engage” students in a trial, which is arguably the most “sexy” part of the their learning and put it into practical, real context—is to litigation process that students want to see, proper bring students’ learning to a higher plane of understanding. expectations need to be created. Recently, we had one Accordingly, our institution has encouraged us to require of our classes observing a civil fraud trial and, after a engaged learning activities as practical requirements in few hours, the students commented that they did not every course, requiring students to step outside of the know how slow and deliberate the process was to put classroom, and participate in an assignment that creates a evidence on the record at trial. This led to a productive real world context. class discussion on the rules of evidence, due process and laying proper foundation, tying in the discovery In this article, we give voice to court observation: one rules. Properly prepared, students can have a superior of those critical engaged learning activities that has experience that appearing in court “cold.” significantly improved the quality of the experiential learning of our students. 2. Attend as a Class. This is tricky to accommodate and plan, but is very The Strategies worthwhile if it can be arranged. While this will not work for every class, the benefits of all students In our program’s courses, most classes require attending court at the same time and hearing the some level of court observation, between two same cases give the instructor and students a frame of reference and discussion when back in the classroom. and fifteen hours during a term. At the end of This last semester, we took one of our classes taught the student’s observation, he or she is required in a three-hour block to court twice—once to hear a to write a brief reflection paper detailing her half-day of a jury trial, and the other to hear domestic experience in the classroom. For most students, cases. We found ourselves frequently referring to what we heard and saw those days to explain and other than perhaps appearing for a traffic ticket, teach when discussing concepts like burden of proof, these are the first experiences they have inside admission of exhibits, and witness creditability. a courtroom. They are observers only—and not Attending as a class provides a common reference participants, watching court processes play out. point that can be highly useful in class 3. Be Course Specific. In the last five-plus years that we have required Whenever possible, be course specific in court court observation, we have seen these experiences attendance requirements—students in a criminal become integral to effective teaching. If you do law class should be encouraged to observe criminal now or want to make court observation part of cases, family law students observe domestic cases, and so on. While not always necessary, especially in your courses, there are several best practices that an introductory or survey course, directing students we have learned through experience that can where and how to attend court proceedings specific to ensure success: their studies provides that much more context to what happens in the classroom. 1. Create Proper Expectations. For many—and maybe most—students, this will be the 4. Sponsor Professor-Driven Court Experiences. first experiences they have in a courtroom, and their A few times per term, we will schedule court perceptions of court processes are largely colored by experiences that any of our students can come and popular media: movies and television shows about observe, and a professor is present observing with the law. Many students do not realize that Judge the students. After court concludes, the professor Judy and Law & Order are not accurate or typical stays and processes in a discussion what the students depictions of what goes on in a courtroom. Create observed, what the legal issues were, how they were THE PARALEGAL EDUCATOR WINTER 2013 31 resolved, how those specific proceedings fit into the The Feedback larger court process, and such questions. These are very often the cathartic “a-ha” moments of teaching Overwhelmingly, students react positively to these in-court when students can see and appreciate that their experiences. The following are some comments from learning has significant relevance. students’ reflection papers:

5. Accountability Reports: - Without attending court, the entire legal process that Students must process and account for their we are learning about in class would be distant and experiences in the courtroom, both for assessment simply theory. Attending court helps me to understand and grading purposes, but also to talk through and the concepts we are discussing in class and turns make sense of the experiences themselves. We theory into real world learning. require students to write a two-paragraph report for each time they observe court, the first paragraph - Going to court is beneficial because it provides objectively describing what they observed (pre-trial students a “hands on” approach to learning in a hearings in criminal cases, for instance, and what courtroom. Students are able to view how things happened there), and the second paragraph on what work, which helps the student better understand the student learned from it. These papers tend to the terminology used in the classroom. It also helps be very insightful and perceptive; we recently had distinguish what court is like in the real world versus one student, who was particularly fashion-conscious, that which is portrayed on television. describe how litigants were treated depending upon - The court experience opened my mind to the different how they were dressed. This line of thought exposed arguments each attorney made and helped me to see the student to the idea that, as fair and objective as things from different viewpoints. we try to make court processes, the participants are still human and subject to all kinds of biases, which - Attending court has been a great experience in may change the way people are treated. This kind helping to aid class understanding. It provides you of open “self-talk” aids students in making sense of an opportunity to become familiar with the process what they observed. of law. I also was able to view some of the rights my fellow citizens have within the court system. Overall, 6. Enroll the Judge: it was a very beneficial experience and I would love Whenever possible, alert the judges presiding over to attend again even when my class ends at the the cases that students may be coming to their university. courtrooms to observe, especially when coming as a group or class. The judges and clerks appreciate this - Attending court for the Engaged Learning points is advance warning, and are often very happy to have not only a good way to experience business law, but students in their courtrooms. We have been sending the best way. It gives you real world experience in students to our local court for years. It has become the judicial system, and directly demonstrates the a common and expected that our students may turn important of the concepts I am learning in class. I up in the courtrooms and our local judges are happy could follow along with what the Judge is talking to receive them. Students reported recently that about because of the concepts I have learned in class. when they appeared in the local domestic court, and On a whole, I enjoyed the process. after the court was concluded for the afternoon, the judge took time to welcome the students, talked to Conclusion them, and answered their questions. The students had a marvelous experience. Creating a relationship Court observation can have a profound impact in with and giving notice of students’ attendance pays students learning about the law, court procedures dividends. and how all the bits and pieces we regularly teach them fit into litigation process. Court observation has measurably improved our students’ class participation, content retention, job marketability, preparation for employment, and their overall learning experience. 

32 WINTER 2013 THE PARALEGAL EDUCATOR By Janis Walter, Chair, Paralegal Approval Commission, American Bar Association - University of Cincinnati, Clermont College

ABA Paralegals Approval Commission Update

The Guidelines revisions proceed. As previously your institution’s billing cycle. In response to these remarks, reported, the Standing Committee on Paralegals met the Standing Committee agreed that the period should remain at the current sixty days. on June 7-8, 2013 to consider submitted proposals and remarks. It was obvious from the number If you are interested in additional information regarding the revisions, the ABA will present an Approval Academy on June of responses that many of you had reviewed 6, 2014 in Chicago. The academy will review all changes to and thoughtfully commented on the proposed the Guidelines, including the exhibits. Information regarding revisions. The Standing Committee listened to registration and accommodations for the Academy will be announced soon. your suggestions and, as a result, made additional changes. This second set of changes was again In another attempt to ease the approval process, the ABA staff is currently reviewing a new web-based solution for forwarded to all ABA-approved program directors submitting reports. Although this process is in its infancy, for comments. It was the Committee’s belief that the ABA continues to make major strides towards its goals of the opportunity to comment far out-weighed simplifying the approval process. The intent is that the new system will alleviate many of the current shortcomings and any desire to expedite the process. The Standing significantly improve operational efficiency. With the use of Committee met again on July 30 to review all the web-based reporting, the ABA hopes to see a noticeable additional materials before finalizing the revisions. decrease in the number of errors contained in reports. Some of the new features will include an online portal for collection The newly revised Guidelines will be posted shortly of information (forms, documents, etc.) from the paralegal and will become effective on September 1, 2013. A education programs, online error checks to ensure minimal printed booklet will be available on or shortly after errors in data submitted by the programs (avoiding a lot of rework and extraneous communication), automatically September 1. generated alerts to programs, automated reminders, and The guideline revisions have been a tedious process. The avoidance of duplicate data entry. The new system will allow Commission and Standing Committee have thoroughly the uploading of documents along with online fillable forms. reviewed the Guidelines and supporting evaluative criteria, Users will be able to save their work before submitting a along with the forms and procedures, to ensure that they final version to the ABA. The developers are working on the are relevant and current. We have listened to your concerns project now and hope to begin testing in September, 2013. and suggestions which have been balanced with the ABA’s Once the web-based system is finalized, we anticipate offering objective to promote quality paralegal education. You will a training session in Chicago utilizing the ABA computer lab. find that many of your comments and suggestions have been The session will take the participant through a “fictitious”  incorporated into the new Guidelines. For example, many of program report to familiarize them with the new system. you voiced concern that the submission of some fees being reduced from sixty to thirty days was unreasonable due to Look for future announcements!

THE PARALEGAL EDUCATOR WINTER 2013 33 By Dr. Robert Diotalevi, Esq., LL.M., and Judy L. (Winslow) Hoffman, RN, BSLS, MPA - Florida Gulf Coast University

The Battle with Latex: One Law Student’s Brave Journey

In 2004 I had just put in my first two years at Florida Gulf Coast University (FGCU) in Fort Myers. That year I had an interesting encounter in my ethics course. It was with a Legal Studies major, Judy Hoffman. When I met her I was not expecting what I saw—a half-face respirator mask. She informed me that she had what is termed a Latex allergy.1 She would become one of the finest students I have had in my 22 years in academia. I wanted to share her story with you. This is her journey:

Judy was not always allergic to latex, and the study of law was not her first area of interest. However, over time these two factors collided to form the path she is pursuing today, a Juris Doctorate in Law. While working as a licensed Registered or condoms. Daily inhalation, especially from the powder, Nurse in the State of Florida for nearly 30 years, Judy enjoyed can result in progressive, chronic illnesses, including, but providing direct patient care and helping people. She did not not limited to: sinusitis, bronchitis, laryngitis, shooting ear realize the danger in which she had placed herself. It was pain, and gastro-esophageal reflux disease.2 Fortunately, not the usual suspects: Tuberculosis, HIV, AIDS, and Hepatitis sensitization to latex can be avoided. For those students or C. It was, of all things, latex. Who would have thought that potential students already affected, awareness is essential. the very product used to protect Judy from contracting detrimental diseases would in fact result in a life threatening People often wondered what was going on with Judy, and, condition—Latex Allergy type one, a respiratory condition on one occasion a brazen woman abruptly asked her, “Are that could be quite disabling, physically and emotionally. For you contagious?” Judy promptly replied, “No, are you?” some, it has resulted in death. We cannot begin to imagine what Judy goes through in her daily life. Wearing a respirator mask all day is challenging. Latex allergy, although not exclusively an occupational It creates painful pressure points on the bridge of the affliction, can occur from prolonged exposure to latex nose, and condensation droplets on clothes. It makes powdered gloves, or other latex powdered products communication more difficult especially for the hard of prevalent throughout our society such as balloons, catheters, hearing. In addition to the respirator/mask as front line

34 WINTER 2013 THE PARALEGAL EDUCATOR protection, Judy has acquired a service dog that currently Only then can we become better educators for students functions as a medic alert, in training for latex detection. like Judy. In sharing her experience, we hope to bring Although a service dog will not eliminate the threat of awareness to others that disability comes in a variety harm, it will be helpful in providing a warning of potential of ways. When we realize what persons with disabilities danger. undergo we will be more effective in assisting them in their educational endeavors.  Subjected to ongoing discrimination due to the lack of awareness, the need for self-advocacy became imminent endnotes for Judy. With education as the only way to bring about 1 http://www.cdc.gov/niosh/topics/latex/ positive change, she focused her interest on the legal arena and public policy. The Americans with Disabilities Act 2 http://emedicine.medscape.com/article (ADA)3 became the driving force in her study of law. /176595-overview 3 Americans with Disabilities Act of 1990; Americans As a resident of Fort Myers, Judy quickly discovered that with Disabilities Amendments Act of 2008; FGCU was a logical choice to begin her legal studies. FGC http://www.ada.gov/pubs/ada.htm University Office of Adaptive Services4 was instrumental 4 in the facilitation of policy on campus to eliminate the Office of Adaptive Services; http://www.fgcu. threat of harm from latex, and empowered Judy to pursue edu/adaptive/ undergraduate studies in 2006 as well as a graduate degree BIOGRAPHIES in 2011. Dr. Robert Diotalevi, Esq., LL.M., is Associate Professor of Legal Studies at Florida Gulf Coast University in Fort Myers, Florida. Evidence of the ongoing battle and need for He has been a lawyer for 28 years. He possesses four degrees educator awareness came to light for Judy while and has been internationally published. His e-mail is bdiotale@ attending Charlotte School of Law (CSL) in Spring fgcu.edu. In 2009 Bob had a book published. It is entitled, “The Florida Paralegal,” with Attorney William Statsky and published 2013. CSL was using latex balloons liberally on by Cengage Learning. Bob presents at national and regional campus—until January 2013 following an ADA law-related conferences as well as at various legal organizations around the country. His e-mail is [email protected] Title III request for reasonable modifications. Judy was still forced to wear her mask due to the Judy L. (Winslow) Hoffman, RN, BSLS, MPA, is attending Barry University School of Law. She obtained her MPA in 2011 and continued use of latex gloves for housekeeping. B.S. in Legal Studies in 2006 at Florida Gulf Coast University in Fort Myers; her AS in Nursing from Edison State College. Ms. When Judy approached me on the first evening of the Hoffman has been a licensed Registered Nurse in Florida since course and informed me that me she had an unusual 1985. She worked in patient care until the diagnosis of her latex disability with special needs, I realized that I needed allergy in 2000. She is a member of the American Latex Allergy education. I soon discovered that students disabled by Association. Her e-mail is [email protected]. latex allergy require a “latex safe” environment. To secure her safety, it became necessary to ensure no latex gloves or latex balloons were being used in the facility. Balloons, especially latex, are strongly associated with festivities and fun. Increased awareness and policy changes through FGCU Adaptive Services became paramount to ensure Judy’s health. Even the use of rubber bands may prove very serious. Care had to be taken in order to protect Judy as well as the institution from any potential liability.

Disability is not limited to wheelchair bound individuals. There are many students with such issues and we may never know it. When one of them confides in us, we must seek ways to better educate ourselves about their world.

THE PARALEGAL EDUCATOR WINTER 2013 35 The Omniscient Mentor Welcome to “Ask the Omniscient Mentor” column. All members are encouraged to send questions to Carolyn Bekhor, Editor-in-Chief – [email protected]. Carolyn will then forward them to the O.M. and promised to protect your identity.

Dear OM,

I have had three requests for letters of recommendation for students who have not been in touch with me for over twenty years. How should I respond? I would also appreciate any suggestions for writing letters of recommendations for current students and graduates. With much appreciation. Lilly in Long Beach

Dear Lilly,

I have encountered your situation several times. My best advice is to “just say no”. But that is not acceptable as we are academic professionals. When I have had students who I have not had contact with for over ten years, they usually want me to attest to their work product during their time as students because they are applying for a current paralegal job. These students can’t ask their last paralegal employer for some reason or they have worked outside the profession and need verification of their paralegal skills. I remind the graduate of my traditional requirements. First the graduate must write a letter of recommendation about themselves that I will edit and sign. I do this because I want them to be able to brag about themselves. Also, they know more details about their lives than I do, even if I have had them in classes for four semesters and mentored them in our legal clinic. I tell students if they spend ten minutes, then I will use that amount of time. Last semester, I had a student who wrote a half page, one sentence, slang filled letter. She even spelled legal assistant as “legal assistance.” I told her I could not help her. Also, I work in a small community and I do not want my letters of recommendation to be similar for all students. I often write multiple letters for the same position.

Secondly, I also require students to fill out FERPA releases that include more than the federally required information, which is their GPA. I require them to check off whether I can release the courses taken, their grades in each course, comments about their work ethic, work product, legal clinic experience and other relevant areas such as their communication skills. I ask students to fill out a FERPA release during their first semester and unless they notify me in writing, I will consider the release valid. If the students do not sign the release, I will only state that they took classes or graduated.

After you have your FERPA policy stabilized, you need to establish a policy regarding whether the student will have a copy of the letter. First check if your college has a policy and clearinghouse for placement. A millennium ago when I was earning my teaching degree, my university had a policy that we could check whether we wanted an open or closed file. I checked open. I wanted to know if I didn’t get a job, why I didn’t get it. I only write letters that students will have a copy.

I tell students that I can only attest to what I saw when they were in the program. I tell them to write a letter testifying to this and I will edit it. The graduate is usually not happy. And the graduate forgets that I have not heard from them except for ABA contacts.

The following refers to my suggestions for traditional letters, letters for students seeking jobs, scholarships, student awards, transfers to Bachelor programs, and applications for law and graduate school.

Remember the purpose of these letters is to establish that your students will succeed, academically, professionally, personally and make your program look good. To paraphrase “Praise Home Companion” – “Our students think they are all above average.”

36 WINTER 2013 THE PARALEGAL EDUCATOR Before you write the letter:

• Remember you may not be the one to write the letter of recommendation for that student;

• Discover who your audience is and adapt to them;

• Use your Placement Career Center and Center for Excellence for help, no one taught us how to do this in teacher or law school;

• Check if your college has a policy regarding letters of recommendation;

• Meet with the letter applicant or at least talk to the applicant;

• Use persuasive language. Letter suggestions for the Writer:

• Details, Details, Details – Be specific!

o Include how long have you known the student;

o GPA;

o Work product of theirs that you share in class;

o Individual strengths;

o Creativity;

o Work ethic;

o Enthusiasm;

o Communications Skills; . In class

. In clinic

. Tutoring

o Computer skills – student shared their advanced skills in class;

o Alerted me to new cases, procedures etc. that they learned on the job;

o Used students’ skills to help with the program. A student who had worked in H.R. shared her job hunting skills with the program in the job interviewing unit;

o Used students’ redacted work product samples including new discovery forms, new will forms, etc.;

o Exhibited leadership, involvement in school organizations, Criminal Justice club, Spanish club, Paralegal organization, etc.;

o Achieved awards, Phi Theta Kappa, Lex, Outstanding Student Awards;

o Passed a national certifying exam. THE PARALEGAL EDUCATOR WINTER 2013 37 • Examples of specific recommendations:

o She maintained her 4.0 GPA the semester she had a baby and her husband lost his job;

o She entered the program with a GED and graduated with a 3.85 GPA;

o She received the top grade on assignment;

o Her final inter-office memo would have received an A in Legal Research in law school;

o She was able to juggle two kids, a double major in Theater and Paralegal Studies and was my Work Study;

o I revised my medical chronology unit based on her suggestions;

o She chose a first impression topic for her final memo, her paper was published in a state law review;

o She did legislative research for our legislature to enact our Megan’s law;

o She incorporated her Statistics class project regarding the County’s smoking ban into her final Research II memo;

o She was an emergent leader on her mock trial team when they got caustic and self-centered. She got her classmates to work together, their side won because of her collaborative skills;

o She entered the program as a homophobic and became more tolerant when assisting with a gay adoption in our clinic;

o She sold herself in a mock job interview when asked why at 19 she should be hired as a paralegal she replied, “I have been a nanny for two years, and my employers trusted me with their children. You can trust me with your clients”.

o She volunteered to be the student liaison for the state Paralegal organization;

o She shared appropriate life stories in class; she had been a grade school student in a segregated school and integrated school in the 1960’s. She told her story during a discussion of Brown v. Board of Education and continues to share her story every year;

o She organized the Criminal Justice prison trips and drive- a longs with police officers. • Adapt to the audience;

• Adapt to the criteria of the job;

• Never exaggerate;

• Don’t misspell the student’s name;

• Don’t dilute your credibility by being generic;

• Present your qualifications:

o Academic;

o Amount of time and experience in the paralegal profession.

38 WINTER 2013 THE PARALEGAL EDUCATOR • Talk to the student about the difference between what you saw and what she perceived happened. I had a 35 year old student who thought that because she came to class and completed assignments that she deserved an “A”. I told her that I could not write the letter she needed, even though her mother called and told me that this was the best work her daughter had ever done and that she would give $2,000 a year to our College foundation for the Paralegal Program.

• Do not be upset about saying no. It is not your fault that the student did not hand in work or attend class.

• I would suggest the following format:

o Intro (Paragraph 1): Length of the relationship, thesis why student/graduate qualifies for the position;

o Body (Paragraphs 2 – 3): 1 paragraph for each trait listed in thesis;

o Conclusion (Paragraph 4): Strong recommendation, may include miscellaneous personality traits;

o Use PDF format, do not scan;

o Don’t use watermarked letterhead if you do scan, it is too hard to read;

o Limit letter to one page if possible;

o Keep a copy of all letters. • Words to use:

o Effective;

o Intelligent;

o Creative;

o Efficient;

o Cooperative;

o Dependable;

o Mature;

o Innovative;

o Willingness to accept responsibility;

o High energy;

o Flexibility;

o Ability to handle conflict;

o Strong work ethic;

o An appropriate sense of humor;

THE PARALEGAL EDUCATOR WINTER 2013 39 o Takes initiative;

o Optimistic;

o Enthusiastic;

o Fair;

o Imaginative;

o Strongly recommend. • Words not to use:

o Nice;

o Good;

o Fairly;

o Reasonable;

o Satisfactory. • Phrases not to use:

o Robin Smith completed the program;

o Robin Smith completed assignments on time;

o Robin Smith is kind;

o Robin Smith will probably be a good paralegal. • Intervene early, if a student is having attendance or work product issues, do something to alert them before it is time for the letter of recommendation;

• Decide if you are willing to talk to the employer;

• Be able to document all comments;

• Check your state and federal qualified privilege rules;

• Don’t inflate your letter in fear of legal retribution for negative comments. Just say “No”. Recommendations for the Student:

• Do’s:

o Do choose someone who knows you well enough to give you a specific recommendation. Choose someone who knows more than your name and someone who knows your personal qualities and career potential. The person should be your advisor and have known you for multiple classes or outside classes;

40 WINTER 2013 THE PARALEGAL EDUCATOR o Do ask if the writer is comfortable writing the letter. If the writer seems reluctant, thank them and tell them that you have enough recommendations and get over the rejection; o Do only ask if you have good grades; o Do ask the writer six weeks before the letter is due. This summer I had a student from 19 years ago ask me at 4:00 p.m. for a recommendation by 8:00 a.m. the next morning. It did not happen; o Do provide criteria for the letter; o Do include all your contact information; o Make sure that you have provided the writer with all of the receiver’s contact information; o Do ask for the recommendation in a professional way, in person, not in the hall or the bathroom. Only email if the writer has asked for requests by email; o Do tell the writer the purpose and audience for the letter; o Do provide a template; o Do include a resume; o Do mention specific things that you need to include: you juggled school, work and being the trustee of your parents’ estate, you saved a family from a fire in their home, you learned Spanish for your husband’s parents, you earned a 3.6 GPA, etc.; o Do have a good GPA, especially in legal specialty courses; o Do expect the writer to ask you to write a first draft; o Do send supporting documents, electronic, hard copy power points with hyperlinks etc.; o Do use campus services to review your letters of recommendation; o Do include your name, major, connections to the writer, why you need a recommendation, and when the letter is due; o Do attach any online forms that the writer must fill out; o Do follow up on this request in a polite reminder, discussing when you need the letter and whether you should pick it up; o Do send a thank you note, handwritten is preferable; o Do keep copies of all letters; o The letter of recommendation is a favor, treat it as such; o Follow up with the writer with the results. Tell the writer whether you got the job, scholarship, etc.

THE PARALEGAL EDUCATOR WINTER 2013 41 • Don’ts:

o Don’t choose a writer who will not put in the time;

o Don’t ask a writer to exaggerate;

o Don’t forge signatures;

o Don’t choose a writer only for their title;

o Don’t choose a writer who cannot write. Yes, there are people with degrees who cannot write;

o Don’t use letters that have timed out. If you need a recommendation from the same person 5 years later, you must ask them again and they may not be comfortable to help;

o Don’t ask the places that you applied for to send you the letters that they received (don’t be stupid);

o Don’t have inappropriate social network postings. Especially, don’t post inappropriate items about the program, the teachers, your classmates, your employers, and others.

Suggestions for students when they are asked to write their own letter of recommendation:

• Provide details;

• Be prepared for your letter to be changed;

• Brag. I usually have to add to a student’s letter. I have had two exceptions in twenty years. One was a young man who needed a law school recommendation letter. He thought he was a combination of Ghandi, Clarence Darrow, Abraham Lincoln, and God. The other was a twenty year old woman who needed a scholarship recommendation. Her father was our Vice-President of Student Services and he wrote the letter. They both got into their first choices.

Examples of specifics for a student to include:

• I chose to apply to because of their death penalty work;

• I realized the importance of this work when I took your Special Topics class on the Death Penalty. I had not considered this work until your class and participating in your clinic;

• Since that semester, I have been an intern for the Federal Public Defender’s Office and worked on capital cases;

• You have seen my academic, legal and communication skills (include more detail here);

• You have seen my passion develop for capital cases.

42 WINTER 2013 THE PARALEGAL EDUCATOR Online submission of letters of reference when recommenders are required to submit letters online:

• Students:

o Check the policy of the employer;

o Register your recommender;

o Make sure that recommender receives the emails and log ins;

o Follow up on registration;

o Provide access to technical support;

o Receive confirmation of recommendation before it is due;

o Insure that all recommendations and your application has been sent.

While researching this topic, I asked the Director of our Career Center for help and she suggested the following source. While some parts are password protected, the references and recommendations are open to the public.

http://www.naceweb.org/public/links References and Recommendations:

o Form for Recommendations

o How to Write Reference Letters

o Suggested Guidelines for Writing References

o Tips for Providing References

o Writing a Reference Letter

o Employer Reference Letter

o Faculty Reference Letter

o Sample Employer Reference Letter

o Sample Faculty Reference Letter

My standard is would I recommend the student or graduate for a position in my husband’s office. He is an Assistant United States Attorney. I do not want him complaining about the employee. I hope these suggestions help. — O.M. P.S. On an FYI note, I checked seven different “How to Find a Job” books and found that there were few references to good letters of recommendations. It makes sense because the books were written for students not the recommenders.

THE PARALEGAL EDUCATOR WINTER 2013 43 L E X Winning Essays

LEX essays are reprinted as submitted to the editorial staff of The Paralegal Educator. Changes or corrections have not been made.

The Paralegal Educator proudly publishes the homeless persons than those there for the original “occupy” purpose. The homeless group however did 2012 and 2013 winning Lambda Epsilon Chi (LEX) participate in displaying protest signs and protest marches.

Scholarship Essays. AAfPE awarded 11 $500 None of the protestors applied for permits to occupy scholarships specifically for the pursuit of the McKeldin Square. They asserted their first amendment rights of speech and assembly as authority to stay in the student’s paralegal education. The essays were public park as long as they want. based on the following questions: After several days, a few of the original protestors asked the homeless group to leave as they were undermining their cause. The homeless group refused causing a few 2012 LEX Scholarship Essay Question: fights to break out. Police intervened and quelled the violence. Following the lead of Occupy Wall Street protestors, a group organized Occupy Baltimore and set up tents and A few days later, city officials intervened and ousted other encampment structures in McKeldin Square. The everyone and arrested those who resisted. The city cited stated purpose of at least some of the occupiers was to violations of city ordinances as their authority. protest abuses of corporate “Wall Street” types. The protestors claim city officials have abused their Freddie the Freeloader, a homeless man with no particular authority and violated their constitutional rights. agenda, joined the group and set up a make-shift tent in You are to answer the following question based on your the grassy area and took advantage of free food and other research: Have the protestors right to freedom of speech amenities offered. Several of Freddie’s acquaintances and freedom of assembly been violated? joined him. Soon the area became occupied by more

44 WINTER 2013 THE PARALEGAL EDUCATOR Daniel Brenner Civil Rights Movement to the Occupy movement; rather it is Maryville University to remind others that sometimes the evolution of times can outpace the evolution of laws, which can mean that pursuing what is socially/morally right might mean doing what is technically/legally wrong. Given the somewhat limited information, and a few logical inferences derived therefrom, it would be difficult to argue, Heather Brush based on authorities found during research, that the Occupy Kankakee Community College Baltimore protestors’ right to freedom of speech and freedom of assembly have been violated. The protestors failed to apply for a permit to hold their demonstration at McKeldin An affiliate group of Occupy Wall Street, Occupy Baltimore, Square, and, in particular, violated the regulation stating that” was evicted from McKledin Square during a recent protest. [d]emonstrations and rallies may be held during business Any members who did not leave the chosen occupation site hours.” Code Md. Regs. 04.05.01.08 (West 2011). As far were arrested. The protesters had not applied for permits for as can be inferred from the essay prompt, there is nothing their demonstration or for the encampments they built to prohibiting the protestors from holding gatherings and freely support their around the clock protest. City officials said the communicating their message in the future, provided they protestors violated city ordinances without specific references. follow the relevant city ordinances. Courts have maintained The protestors’ assertion is that their constitutional rights to that even the use of public places for the exercise of First free speech and freedom of assembly allow them to occupy Amendment protected activities can be made subject to permit the park for as long as they want. Did the city of Baltimore, requirements on the time, place and manner with which Maryland violate the occupiers’ constitutional rights of free those activities may occur. U.S. Const. amend. I; ISKCON, Inc. speech and freedom of assembly when they evicted the v. Schmidt, 523 F. Supp. 1303, 1307 (D.C. Md., 1981). However, protestors from McKledin Square for violating city ordinances? the requirements must be dearly defined, reasonable, and as minimally restrictive as possible while still protecting the safety To answer this question we have to examine the and welfare of the local populace. Id. constitutionality of any ordinance that might limit free speech or assembly in general, because we do not have a specific Because the ordinance violation referred to was about the ordinance to examine. As the Occupy Wall Street movement continuous and prolonged encampment of McKeldin Square gains in popularity, issues similar to Occupy Baltimore’s are by protestors who were acting without having applied for, let being raised in courts across the country. Clark v. Community alone having received, the requisite permits, it is legally within for Creative Non-Violence has been used by many of these the city’s authority to disperse the protestors and arrest those courts as the rule of law in determining the first amendment individuals who resist or otherwise interfere with the attempt rights of Occupy protesters, because it is virtually on all fours to enforce lawful regulations. Code Md. Regs. 04.05.01.09 with the allegations Occupy Baltimore and other Occupy (West 2011). Nevertheless, if the protestors believe that the groups are raising. Clark v. Community for Creative Non­ specific ordinance was too vague, overly broad, or otherwise Violence, 468 U.S. 288, 104 S. Ct. 3065, 82 L. Ed. 2d 221 (1984); unconstitutional, then their rights may, in fact, have been see e.g. Waller v. City of New York, 34 Misc. 3d 371, 933 violated and they should consider challenging the legality of the N.Y.S.2d 541 (N.Y. Sup. Ct. 2011); Occupy Sacramento v. City of Grayned v. City of Rockford ordinance in court. See e.g. , 408 U.S. Sacramento, No. 2:11-cv-02873-MCE-GGH, 2011 WL 5374748 104, I08-109 (1972) (holding that a vague law is unconstitutional (E. D. Cal. Nov. 4, 2011); Isbell v. City of Oklahoma City, No. because it may trap the innocent, be applied discriminatorily, CIV-11-1423-D, 2011 WL 6152852 (W.D. Okla. Dec. 12, 2011); and inhibit the exercise of First Amendment freedoms). Freeman v. Morris, No. 11-cv-00452-NT, 2011 WL 6139216 (D. It should not be overlooked that, at the time of the Civil Rights Me. Dec. 12, 2011). Movement, numerous “civil disobedience” techniques were The Clark court examined whether the protesters’ rights of knowingly practiced in violation of various laws and ordinances, free speech were violated, and addressed the constitutionality then considered the norm. It was only because of the “illegal” of ordinances and regulations that limit when, where, or how (but constitutionally protected) actions of civil rights protestors people can protest or conduct demonstrations, particularly that so many of these reprehensible laws were finally revoked. regulations that prohibit camping in certain parks. Like Occupy The purpose of this analogy is not necessarily to liken the

THE PARALEGAL EDUCATOR WINTER 2013 45 Baltimore, the defendant viewed camping and sleeping at the intervention. A few days after the violence, the police cited site of the protest as an integral part of their demonstration. city ordinances when asking the protestors to decamp and In answer the court stated, “Symbolic expression ... may arrested those who did not comply. This suggests several legal be forbidden or regulated if the conduct itself may be issues to examine, including: whether the protestors had the constitutionally regulated, if the regulation is narrowly drawn right to establish an ongoing protest presence in McKeldin to further a substantial governmental interest, and if the Square without a permit; whether the protest eventually interest is unrelated to the suppression of free speech.” Clark, offered a threat to public safety presenting a compelling state 468 U.S. at 294, 104 S. Ct. at 3069. The court, in a broader interest; and whether the police authority meets established holding, addressed all restrictions placed on expression and precedent regarding the First Amendment. free speech as well. “Expression, whether oral or written or symbolized by conduct, is subject to reasonable time, place, or The first issue is whether the protestors had the right to manner restrictions. We have often noted that restrictions of establish an ongoing protest presence in McKeldin Square. this kind are valid provided they are justified without reference As is commonly known, American rights to freedom of to the content of the regulated speech, that they are narrowly speech and freedom of assembly are guaranteed in the First tailored to serve a significant governmental interest, and that Amendment of the United States Constitution: “Congress they leave open ample alternative channels for communication shall make no law... abridging the freedom of speech, of the information.” Clark, 468 U.S. at 293, 104 S. Ct. 3069. or of the press; or the right of the people peaceably to assemble...”1 The U.S. Supreme Court has considered a If protestors wish to include a symbolic act in their square or park such as McKeldin Square to be a traditional demonstrations, they are limited by any valid ordinance or public gathering place subject to protection.2 However, regulation as long as that regulation’s intent is to not suppress the government, as the property owner, has the right to free speech. This means Occupy Baltimore may not occupy or “impose reasonable, content-neutral time, place, and manner camp in public places around the clock solely on the grounds restrictions.”3 Since the initial Occupy Baltimore protest was of constitutional authority. Ordinances disallowing camping a spontaneous gathering, without a formal organization or or regulating park hours are valid and constitutional as long as request for permit, the City did not immediately attempt to those laws serve a governmental interest and were not enacted remove the group. The State must have adequate reason to specifically to limit free speech. disperse a peaceful protest:

Further, the protesters must comply with all laws during their [T]he degree to which peaceful protest may be subjected demonstrations, including laws requiring a permit as long as all to restrictions for safety or convenience of general public the restrictions are reasonable and still allow other opportunities poses a difficult question which must necessarily be to communicate their message. The law’s goal is to ensure that dependent upon the facts of the particular case.4 all citizens may equally share in the enjoyment and use of public areas. As long as all the restrictions fit the reasonable time, Therefore, the Occupy Baltimore group was allowed to place, and manner test they will not be construed as limiting remain in McKeldin Square without a permit while the protest the constitutional right to free speech or the right to assembly. remained peaceful and there was no threat to public safety. Occupy Baltimore has ample options for continuing their protests within the confines of the law. Their rights have not The second question is whether the protest eventually offered been violated by the enforcement of Baltimore ordinances. a threat to public safety and presented a compelling state interest. There is a fine line determining when police action Lisa Ellis against protestors does not violate the First Amendment. State College of Florida Manatee – Sarasota However, the Courts are clear that an “immediate threat to public safety, peace, or order”5 and the “prevention of public disorder and violence”6 present a compelling state interest. The eruption of violence and need for police intervention The Occupy Baltimore protestors question if their First created a heightened concern for public safety and the City Amendment rights to freedom of speech and assembly of Baltimore felt it was compelled to action. Whether the were violated when they were forced to vacate MeKeldin specific facts of the case truly present a “clear and present Square. While the protest began as a peaceful assembly, an danger”7 would be a matter for the courts to decide. altercation arose within the protest camp and required police

46 WINTER 2013 THE PARALEGAL EDUCATOR The third issue is whether the police authority meets Marina Levy established precedent regarding the First Amendment. Suffolk University Baltimore City Ordinance prohibits public loitering and failing to move on when directed by a uniformed officer “when not to obey such direction shall endanger the public peace.”8 It is important to note that the application of the Congress shall make no law respecting an establishment of statute or ordinance to each situation regarding the First religion, or prohibiting the free exercise thereof; or abridging Amendment is significant to the court’s interpretation.9 the freedom of speech, or of the press; or the right of the “[T]he First Amendment permits the police to contain people peaceably to assemble, and to petition the Government or disperse demonstrations that have become violent or for a redress of grievances. – U.S. Const. Amend. I obstructive.”10 In addition: The question of the constitutionality of governmental The rights of free speech and assembly, while fundamental restrictions on freedom of speech and freedom of assembly in our democratic society, still do not mean that everyone is not a new one. The Occupy Movement has, however, with opinions or beliefs to express may address a group shone a new light on the issues of sleep as speech and the at any public place and at any time. The constitutional regulations of symbolic speech. Is the occupation of tent cities guarantee of liberty implies the existence of an organized in parks and public squares protected speech under the First society maintaining public order, without which liberty itself Amendment? If it is, would this mean that any governmental would be lost in the excesses of anarchy.11 ordinance forbidding or punishing the exercise of protected speech is unconstitutional? When answering these questions Given that violence had erupted during the protest, the in the context of Occupy Baltimore, one must first look to continuous and ongoing nature of the protest, and the the Supreme Court of the United States to determine when a increasing likelihood of further disturbances, the local restriction on the First Amendment is considered reasonable, authorities felt justified in dispersing the protest to restore and therefore able to pass constitutional muster. public order. Again, however, the full facts of the case would be best examined by the courts. For the matter of governmental regulations on the time, place, and manner of protected speech, the U.S. Supreme To conclude, the First Amendment protects free assembly Court has established a three-part test that seeks to in traditional public spaces. As long as the protest remained determine whether the regulations are reasonable: I) are peaceful and there was no threat to public safety, the the government guidelines content-neutral?; 2) are they authorities were obliged to allow the Occupy Baltimore camp narrowly tailored to serve significant governmental interests?; to remain in McKeldin Square. However, the violent episode and 3) do they leave open ample alternative channels of and need for police intervention created a heightened concern communication? Such were the questions that the Court asked for public safety and the City of Baltimore felt it was compelled in Ward v. Rock1, where the City of New York’s regulations to act. Given the violence within the encampment, the on sound systems used to control the volume of a concert in continuous nature of the protest, and the increasing likelihood Central Park were challenged under the First Amendment, and of further disorderly conduct, the local authorities felt justified such are the questions that must be answered now. in dispersing the protest to restore public order. However, the totality of the circumstances of the case would necessarily be On the issue of content-neutrality, the city of Baltimore would best examined by the courts. have to show that the ordinances which it enforced had nothing to do with the content of the speech it restricted. City Endnotes officials have claimed that permanent camping in McKeldin 1 U.S. Const. amend. I. Square is prohibited.2 In Ward v. Rock, the Supreme Court 2 Hague v. Comm. for Indus. Org., 307 U.S. 496,515-16 (1939). already established that a regulation that serves a purpose 3 Capitol Square Rev. and Advisory Bd. v. Pinette, 5!5 U.S. 753, 761 (1995). unrelated to the content of the expression is neutral, even if it 4 Anderson v. City of Albany, 32! F.2d 649, 657 (5th Cir. 1963). 5 Cantwell v. State of Connecticut, 310 U.S. 296, 308 (1940). incidentally affects some messages but not others. A prohibition 6 Walker v. City ‘of Birmingham, 388 U.S. 307, 3 I 6 (1967). of permanent camping does indeed serve an unrelated purpose, 7 Cantwell v. State of Connecticut, supra. as it relates to the maintenance of public space, and the 8 Baltimore City Ordinance, Article 19, §25-2 promotion of sanitary conditions in a public area. The city’s 9 Anderson v. City of Albany, supra. ordinance can thus be said to pass the first part of the test. 10 Washington Mobilization Comm. v. Cullinane, 566 F.2d 107, 119 (D.C. Cir. 1977). 11 Cox v. State of La., 379 U.S. 536,554 (1965). THE PARALEGAL EDUCATOR WINTER 2013 47 That the prohibition of camping is narrowly tailored to serve a 3 Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984) significant governmental interest has already been decided in 4 http://www.bmorenews.com/politics/statement-from-mayor- Clark v. Community for Creative Non-Violence (C.C.N.V)3, where stephanie-rawlings-blake-abou-print.shtml the Supreme Court recognized a substantial governmental interest in maintaining the parks in Washington DC attractive Kathleen Miller and intact for all who wish to see and enjoy them. In fact, Maryville University the Court determined that the government need not tolerate any damages to the parks resulting from camping by either demonstrators or non-demonstrators. In light of this, it is not Individuals organized Occupy Baltimore setting up necessary to consider the differences between the Occupy encampments in public park, McKeldin Square, to protest Baltimore protesters and Freddie the Freeloader’s friends: abuses of “Wall Street” types and other issues. Homeless the Supreme Court has established that a city has a legitimate people joined, who became the majority of the movement. interest in prohibiting both from camping in public parks. None of the original members or homeless additions applied Finally, the question of whether ample alternative channels of for permits to occupy, until two weeks later1, claiming the right communication have been left open depends on what the city to stay in the park indefinitely. Police quelled violence that officials have chosen to do after the ousting and arrests. Mayor erupted. Days later, citing violations of city ordinances, police Stephanie Rawlings-Blake had already welcomed protesters to ousted everyone and arrested those who resisted. Protestors demonstrate within existing guidelines-protesters were invited claimed officials abused their authority and violated protestors’ back into the square provided that no encampments were set rights of free speech and assembly. and that no one slept there.4 Alternative means of relaying the Under the First Amendment2, have the protestors’ rights to anti-corporate message where therefore left open, allowing freedom of speech and assembly been violated? the city’s actions to pass the three-part test. The rights of free speech and assembly are not outright. The fact that the Supreme Court upheld a regulation on the The U.S. Supreme Court has held that some speech and time, place, and manner of symbolic speech in Clark v. C.C.N.V. assembly may be reasonably restricted by state and federal rather negates the debate over whether camping in parks governments. The Court considers whether regulations restrict should even be considered protected speech or not: in Clark v. the content of speech or the time, place, and manner (TPM) by C.C.N.V., the Court simply assumed that sleep may be considered which speech is delivered. speech, because the regulations it upheld were, in its opinion, constitutionally allowed to regulate the protected speech. There are no apparent claims that the speech or actions by Occupy Baltimore members fall into the categories of Many in the Occupy Movement likely believe that the First sedition,3 obscenity or fighting words,4 or any other such areas Amendment should trump local ordinances; but the inception that are constitutionally protected grounds for removal. of the ‘sleep as speech’ movement has raised a variety of issues that cities are entitled to address. The permanent camping Laws regulating only TPM in a public forum, are considered in McKeldin Square led to fights breaking out between the content-neutral and permissible if they serve significant homeless and the protesters; in addition, there were probably government interests.5 It is not necessary that they be the sanitary concerns, and the need to maintain the park. Although least restrictive methods, but only that government’s interest the right to freedom of speech and freedom of assembly is would not be achieved as effectively without them.6 indeed one of the central tenets of the First Amendment, it is not unlimited and it is not absolute. The rights of the Occupy Offering alternative solutions, Baltimore officials attempted to Baltimore protesters have not been violated, as the prohibition accommodate protestors’ constitutional rights while protecting against camping is likely to be considered a reasonable government interests. Occupy members rejected offers, leaving restriction on the time, place and manner of their protest. officials with the only option by which government’s interests would be fully realized - adhering to the ordinance by removing Endnotes protestors.7 1 Ward v. Rock Against Racism, 491 U.S 781 (1989) 2 http://www.baltimorebrew.com/2011/11/18/when-a-city-official-peeks- in-an-occupy-baltimore-tent/

48 WINTER 2013 THE PARALEGAL EDUCATOR Local government ordinances requiring permits for events RULE OF LAW: in public parks, are constitutionally permissible when not The U.S. Constitution is the supreme law of the land, and targeting specific activity, but rather focusing on multiple the First Amendment addresses the rights of freedom of purposes for limited space, preserving park facilities, speech and freedom of assembly, in addition to the freedom preventing dangerous unlawful uses, and assuring financial of petition, freedom of religion, and freedom of the press. accountability for damages caused by an event.8 Although originally the First Amendment only applied to laws that were enacted by Congress, the Supreme Court extended In Baltimore, permits could not be approved for longer than five this to include each state and local government in the case days. Assemblies of over 150 people were prohibited, as well as of Gitlow v. New York, 268 U.S. 652 (1925). As a citizen of the 24-hour encampments in a park where activities were allowed only United States, the First Amendment guarantees the right of between 8 a.m. and II p.m. Furthermore, permits were granted to freedom of speech and freedom of assembly; however, even others, prior to Occupy Baltimore moving into the park.9 with these rights, there are restrictions subject to reasonable time, place, and manner. The city took no issue with the content of speech made by members of Occupy Baltimore. The time, place, and manner In a 1984 U.S. Supreme Court case, Clark v. Community For (TPM) was a point of contention. The city offered alternative Creative Non-Violence, 468 U.S. 288 (1984), the Supreme solutions that would accommodate protestors’ constitutional Court reversed the Court of Appeals opinion and held that rights of free speech and assembly, while protecting public respondent Community for Creative Non-Violence (CCNV) was interests. Baltimore ordinances requiring permits, were not violative of their First Amendment right to assembly. In constitutionally permissible. Occupy Baltimore refused to this case, the National Park Service issued a permit to CCNV cooperate. City officials were constitutionally within their rights to conduct a demonstration to call attention to the plight to remove all Occupy members. Therefore, the protestors’ rights of the homeless; however, the National Park Service denied to freedom of speech and assembly have not likely been violated. CCNV’s request to camp overnight in the park in undesignated campgrounds as per the park regulations. The District Court did Endnotes 1 was reversed by the Court of Appeals. 2 “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, When heard by the Supreme Court, Justice White delivered the or of the press; or the right of the people peaceably to assemble, and to opinion of the Court which included the following statement: petition the Government for a redress of grievances.” U.S. Const. amend. I. 3 18 U.S.C.A. § 2385 “We have difficulty, therefore, in understanding why the 4 Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). 5 Perry Education Assn. v. Perry Local Educators’ Assn., 460 U.S. 37 (1983). prohibition against camping, with its ban on sleeping 6 Ward v. Rock against Racism, 491 U.S. 781 (1989). overnight, is not a reasonable time, place, or manner 7 the regulation is not unconstitutional on its face. None of h 8 Thomas v. Chicago Park Dist., 534 U.S. 316 (2002).9 http://www.baltv. its provisions appears unrelated to the ends that it was com/news/29896802/detail.html 9 partial inaccessibility to other members of the public can as easily result from camping by demonstrators as by Emilee Saltzer nondemonstrators. In neither case must the Government Empire College tolerate it. All those who would resort to the parks must abide by otherwise valid rules for their use, just as they must observe the traffic laws, sanitation regulations, and laws to preserve the public peace. This is no more than OPINION: a reaffirmation that reasonable time, place, or manner In the case of Occupy Baltimore, the protesters and even the restrictions on expression are constitutionally acceptable.” homeless group did have the right to peacefully assemble and exercise their right to freedom of speech; however, they did RATIONALE: not have the right to occupy McKeldin Square, a public park, As set forth in the Clark case, supra., camping overnight in the 24 hours a day by camping overnight. The protestors’ right to park is in violation of the regulations set by the Recreation freedom of speech and freedom of assembly was not violated. and Parks Department of the City of Baltimore. Although the

THE PARALEGAL EDUCATOR WINTER 2013 49 protestors have a right to freedom of speech and freedom to all circumstances. Possessing even one joint of marijuana is a assemble, the protestors must still abide by the park regulations misdemeanor punishable by up to a year in prison and a $1000 that are set forth for the preservation of this public park. fine. A second possession conviction carries a mandatory sentence of 15 days. Moreover, the CSA says that possessing Baltimore Mayor Stephanie Rawlings-Blake stated, “The City or growing even one plant is a felony punishable by up to five of Baltimore is committed to protecting individuals’ right to years in prison and a fine of up to $250,000. protest. However, our public parks and green-spaces should not be treated as permanent campgrounds and camping is On October 10, 2012, agents of the federal Drug Enforcement prohibited. Individuals are free to peaceably assemble and Administration (DEA), entered Mr. Marin’s property, seized demonstrate within the currently established guidelines.” his marijuana plants from his back yard, and destroyed them. They also arrested Mr. Marin for possession and attempt to Camping in McKeldin Square is prohibited by City ordinances, distribute a Schedule I drug in violation of the CSA. Mr. Marin and the City officials who evicted the group of protestors and was convicted, and sentenced to two years in jail; he has homeless persons were acting within their authority. appealed his conviction, contending that the federal agents exceeded their authority, and that application of the CSA to SUMMARY: him in these circumstances violates his constitutional rights. The rights of U.S. citizens are guaranteed by the First Amendment of the U.S. Constitution, but those rights do not Please weigh the arguments on both sides here, and reach a come without limitations, restrictions, and at the expense conclusion about what should happen in Thomas Marin’s case. of other laws and regulations being broken. Therefore, the protestors’ right to freedom of speech and freedom of Samuel Clarke assembly has not been violated. Miami Dade College 2013 LEX Scholarship Essay Question:

Thomas Marin suffers from Multiple Sclerosis (MS), which is ACTS a progressive autoimmune disease that affects the brain and Thomas Marin suffers from Multiple Sclerosis, in which he spinal cord. People who have MS suffer from damage to the experiences severe pain and spasticity. Mr. Marin cultivates myelin sheath, the protective covering that surrounds nerve and consumes marijuana in accordance to his States statute in cells. Symptoms vary, because the location and severity of each order to alleviate his symptoms. On October 10, 2012, agents attack can be different. Episodes can last for days, weeks, or of the Federal Drug Enforcement Administration entered months, and generally alternate with periods of reduced or Mr. Marin’s property, seized and destroyed his marijuana no symptoms. Because the nerves in any part of the brain or plants. Mr. Marin was subsequently arrested for possession spinal cord may be damaged, patients with multiple sclerosis and cultivating a Schedule I drug in violation of the Federal can have symptoms in many parts of the body. Controlled Substance Act. Thomas Marin suffers from pain and spasticity associated with QUESTION(S) PRESENTED MS, and grows and smokes marijuana to help alleviate these Whether, under the Federal Controlled Substance Act did the symptoms. Studies show varied results, but some do show that Drug Enforcement Administration have authority to arrest Mr. treatment with medical marijuana may reduce or alleviate MSs Marin? symptoms including spasticity, pain, ataxia, depression, and anxiety, according to clinical trials and case studies on the use Whether, under the Federal Controlled Substance Act, was Mr. of medicinal marijuana by Multiple Sclerosis patients. Medical Marin’s Constitutional Rights violated? marijuana may even slow neurodegeneration associated with MS. Mr. Marin lives in Hopper County in a state which allows BRIEF ANSWER and condones the production and ingestion of marijuana for Yes, because the CSA’s classification of marijuana mandates approved medical purposes; Mr. Marin complies faithfully with that it is illegal under all circumstances. his state’s requirements in this regard. However, the Federal Controlled Substances Act (CSA) prohibits the production Yes, because the lack of a warrant presented by the Drug and consumption of marijuana absolutely. The CSA classifies Enforcement Administration agents are a direct violation of Mr. marijuana as a Schedule I drug, which means it is illegal under Marin’s Fourth Amendment rights.

50 WINTER 2013 THE PARALEGAL EDUCATOR DISCUSSION categorized as a Schedule I drug by the CSA, the Department Marijuana is properly categorized by the Controlled of Justice has issued guidelines for the prosecution of Substance Act (“CSA”) as a Scheduled I drug;1 legislation individuals who comply with their state’s guidelines for the mandates that the illegal importation, consumption, production and consumption of marijuana. It is apparent possession, and manufacture of marijuana is prohibited that the Department of Justice has the authority to cast a net under Federal law. Notwithstanding the declarative so large, that Mr. Marin may be prosecuted, but under the mandates by Federal Legislators, the Department of Justice guidelines set forth, discretion is applied. Mr. Marin’s actions (“DOJ”) has issued guidelines for federal prosecutors in demonstrate that his claims of compliance for ingestion and states that have enacted laws authorizing the medical use production of marijuana were not to conceal any operations of marijuana under state law. The guidelines explain that that were not consistent with his local and state laws. it is likely not an efficient use of federal resources to focus enforcement efforts on individuals with serious illness The Fourth Amendment granted by the United States who use marijuana as part of recommended treatment Constitution is the right of individuals to be secure against regimen that is consistent with applicable state law or their unreasonable searches and seizures, and no warrant shall be individual non-commercial caregivers. However, persons issued unless there is probable cause supported by an oath of who are in the business of cultivating, selling, or distributing affirmation6. As it relates the seizure of Mr. Marin marijuana marijuana, and those who knowingly facilitate such activities plants under 21 U.S.C.A. § 881(a), the Drug Enforcement are in violation of federal law, and are subject to federal Agency has a prima facie burden to show probable cause in enforcement actions, including potential prosecution.2 order for the forfeiture to be valid.7 Mr. Marin actions were not consistent with an entity or organization that cultivates In Gonzales v. Raich,3 the Respondent challenged the marijuana for sale or profit. Conversely, Mr. Marin’s actions Federal Controlled Substance Act after agents of the Federal were in fact consistent with an individual whose purpose Drug Enforcement Administration seized and destroyed for cultivation was for personal use in order to alleviate his marijuana plants that were cultivated for medical purposes medical aliments of Multiple Sclerosis. consistent with California law. The Respondent argued that the CSA’s categorical prohibition of marijuana as a Schedule CONCLUSION I drug exceeded their authority under the Commerce Although the CSA maintains the prohibition and categorical Clause, and therefore, could not serve as the basis for their definition of Marijuana as a Schedule I illegal substance, prosecution.4 The court rejected this argument, and clearly there remains a degree of ambiguity between the state and held that the federal prosecution was within Congress federal laws for tolerance. For an individual who suffers constitutional authority. from any medical condition where through scientific study it has been proven that marijuana can serve as a viable More notably, Deputy Attorney General David W. Ogden treatment, the patient must in fact perform a ballet for stated:5 the federal and state legislators in order to receive their treatment regimen. In this instance, Mr. Marin was acting The focus of federal resources should not be within the confines of his state’s legislation by being in on individuals whose actions are in compliance possession and cultivating marijuana for the treatment for with existing state laws, and underscores that the his Multiple Sclerosis diagnosis and alleviating the symptoms Departments will continue to prosecute people whose thereof, therefore Mr. Marin’s charges should be dropped claims of compliance with state and local law conceals and no fines imposed. operation inconsistent with the terms, conditions, or purpose of the law. (Emphasis added) Endnotes 1 21 U.S.A § 801 ANALYSIS 2 “Marijuana Resource Center: Federal Laws Pertaining to Marijuana” In the instance case, Thomas Marin’s actions were < www.whitehouse.gov. > Office of National Drug Control Policy, n.d. 3 544 U.S. 1 (2005) consistent with Hooper County, which is within a state 4 Id. at 15 that has decriminalized the production and ingestion of 5Memorandum for selected U.S. Attorneys from David W. Ogden, marijuana so long as it is approved for medical purposes. Deputy attorney General, Investigations and Prosecutions in States Mr. Marin’s medical condition and aliments have been Authorizing the Medical Use of Marijuana, October 19, 2009 6 proven through medical study to be alleviated through the U.S. Const., amend. IV 7 167 A.L.R. 397 (initial burden of proof) use of a marijuana regimen. Although marijuana remains

THE PARALEGAL EDUCATOR WINTER 2013 51 Kyla Gill The Federal government derives power to make laws from Maryville University the United States Constitution. Under the Commerce Clause, power is given to Congress “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”2 Through this power, the federal government “The illegality of cannabis is outrageous, an impediment to had the authority to ratify and enforce the CSA because “a full utilization of a drug which helps produce the serenity and major portion of the traffic in controlled substances flows insight, sensitivity and fellowship so desperately needed in this through interstate and foreign commerce.”3 It can be argued increasingly mad and dangerous world.”- Carl Sagan that Thomas grew marijuana only for the purpose of personal consumption; the marijuana was not sold and therefore did not Marijuana. The legality or illegality, rather, is one of the most state lines. This would mean everything was intrastate rather debated political issues in recent history. Should marijuana than interstate commerce and therefore is not affected by the become legal? Should it stay illegal? Is it legal for medical CSA or federal law. The CSA addresses this argument though, purposes? What are the benefits to making marijuana “controlled substances distributed locally usually have been possession and consumption legal? Are there benefits to transported in interstate commerce immediately before their making it legal? During recent times, in some states, marijuana distribution”4 thereby extending federal power over items that has been authorized for medicinal purposes. Unfortunately, have the possibility of crossing state lines at any point in time. federal law does not concur with these new state laws and marijuana possession and consumption is still illegal under This exact issue was raised in Gonzales v. Raich. Federal agents all circumstances. Since these laws conflict, this raises the destroyed Raich’s marijuana plants for violating the CSA question: suppose an individual lives in a state where marijuana even though a licensed physician her marijuana for medicinal use for medicinal purposes is legal, has been prescribed the purposes in a state where this is legal. The court “held that drug for medicinal purposes by a licensed physician, and application of CSA provisions criminalizing manufacture, is following all state law with regard to the marijuana, can distribution, or possession of marijuana to intrastate growers this individual still be legally arrested and incarcerated for and users of marijuana for medical purposes did not violate the possession of marijuana in violation of federal law? Commerce Clause.” 5

Meet Thomas Marin. This happened to him. Thomas has Based on the facts, the federal law is obviously the correct Multiple Sclerosis (MS) and suffers from pain and spasticity law in this scenario and Thomas was sentenced appropriately. associated with the disease. Marijuana helps alleviate these Thomas could argue the CSA is unconstitutional with regard symptoms and therefore was prescribed marijuana on a to marijuana for medicinal purposes because it violates his medical basis since he lives in a state that allows this. On fourteenth amendment right to “life, liberty, and property” October 10, 2012, federal Drug Enforcement Agency officials by forcing him to live a lower quality of life without the entered Thomas’ premises and seized his marijuana plants. treatment he would receive from the marijuana. I believe with On this day, Thomas was arrested for possession and attempt this argument, Thomas would have a large shot to over turn to distribute a Schedule I drug in violation of the Federal the CSA prohibiting marijuana absolutely in favor of making Controlled Substances Act (CSA). Thomas was convicted and marijuana legal for medicinal purposes. sentenced to two years in prison for violating federal law even though he was following all state law with regard to marijuana Endnotes use for medicinal purposes. Thomas is now appealing this 1 U.S. Const. art. IV, § 2. 2 conviction. Which law is correct? The federal or state law? U.S. Const. art. I, § 8, cl.2. 3 21 USC § 801 421 usc § 801 The United States Constitution provides, “This Constitution, 5Gonzales v. Raich, 545 U.S. 1 (2005) and the laws of the United States which shall be made ... shall be the supreme law of the land.”1 This clause, otherwise known as the supremacy clause, clearly states that should there be a conflict between federal and state law, federal law will triumph over state law, provided the federal government has the authority to make the law in question.

52 WINTER 2013 THE PARALEGAL EDUCATOR Ellen Henrion While case law favors the federal government, there are Maryville University also strong arguments that support state law. In the case of Wickard v. Filburn, 317 U.S. 111 (1942), a wheat farmer was fined when he exceeded the limit of wheat he was legally permitted to grow. Filburn had been growing a When the federal government seized Thomas Marin’s certain amount of wheat for himself and selling the rest. medicinal marijuana plants, which led to his subsequent Filburn argued that in setting fines the government was arrest and conviction, he felt that his constitutional exceeding their powers granted in the Commerce Clause, rights had been violated. As a Multiple Sclerosis patient, which is the same argument that Marin makes. While Marin lives in a state that has legalized the private use of the Supreme Court found in favor of the Secretary of medicinal marijuana, even though the federal government Agriculture, Wickard, there is a key difference between still classifies it as a Schedule I drug. The issue is whether this case and Thomas Marin’s situation. Filburn not only or not the federal government has the right to regulate grew wheat for his own consumption, but he sold a the production and consumption of medicinal marijuana significant amount as well. Thomas Marin did not sell any in states that have legalized its use. Proponents argue that marijuana; his plants were strictly for private use. This the government oversteps its bounds when they enforce difference is vital because Marin can argue that his plants federal law in states that allow its use, but opponents had a significantly smaller potential impact on the national claim that the government has the right to enforce the marijuana market than Filbum’s wheat had on the national federal law standards regardless of any contradicting state wheat market. Although the Supreme Court found for the laws due to the Supremacy Clause (U.S. Const. art. 6, § government Wickard v. Filburn, an argument can be made 2). This Clause requires federal law to overrule state law that the government did exceed its limits in the regulation when contradictions arise. Thomas Marin argues that his of Marin’s private plants. constitutional rights were violated during his arrest and conviction for possession of medicinal marijuana. While one’s initial reaction may be to follow past precedent, Thomas Marin’s conviction should be Past case law strongly supports the federal government. overturned. The Commerce Clause was originally drafted The fact pattern in Gonzales v. Raich, 545 U.S. 1 (2005) is to focus on interstate commerce. The Clause grants very similar to Thomas Marin’s situation. In the Raich case, the government power to regulate activities that have a respondents Raich and Monson grew marijuana in their substantial impact on interstate commerce; any impact homes for medicinal purposes. The Drug Enforcement that Marin’s medicinal marijuana could possibly have on Administration (hereinafter “DEA”) seized the plants, interstate commerce is miniscule. Marin privately grows claiming they were a violation of the Controlled Substances his medicinal marijuana, complies with all state laws, and Act (hereinafter “CSA”). The respondents claimed that the does not sell or distribute his plants. If medicinal marijuana government overextended its power to enforce the CSA is legal in a state, the citizens of that state should be able and had violated the Commerce Clause (U.S. Const. art. 1, to privately use the drug to alleviate any ailments they § 8, cl. 3). The federal government argued that its actions suffer from due to an illness. Arrests, convictions, and were within CSA limits due to the fact that homegrown incarcerations under these circumstances are unnecessary marijuana has the ability to affect the marijuana market and costly. Residents of these states, such as Thomas as a whole. They said that while the specific marijuana Marin, should not have to worry about the possibility of plants in this case may have been strictly intrastate, facing conviction while trying to live a more comfortable they still have a possible effect on interstate commerce life with the aid of medicinal marijuana. (Gonzales v. Raich, 14). The key point in the government’s argument is the possibility that these plants can affect interstate commerce, even if they are grown and consumed privately. The Supreme Court found in favor of the federal government (Gonzales v. Raich, 1). If Marin’s case were to be tried in front of the Supreme Court, the verdict would likely mirror the Raich case. The strongest argument supporting the federal government is the application of the law in past precedent.

THE PARALEGAL EDUCATOR WINTER 2013 53 Nataly Nguyen marijuana- their only effective (and last-resort) treatment Peirce College for serious health conditions. 545 U.S. 1, 125 S.Ct. 2195 (2005). In this Supreme Court case, respondents Reich and Monson argued that enforcing the CSA against them violated constitutional provisions, including the Commerce Clause. The According to the Controlled Substances Act (CSA), Title II issue presented before the Court was ‘’whether Congress’ of the Comprehensive Drug Abuse Prevention and Control power to regulate interstate markets for medicinal substances Act of 1970, it is a federal crime to produce, possess, or encompasses the portions of those markets that are supplied distribute marijuana. Under 21 U.S.C.A. § 812(b)(1), marijuana with drugs produced and consumed locally.” Id. at 9, 2201. is classified as a Schedule I drug because of its high potential for abuse, its lack of accepted medical use, and its lack of In Gonzales v. Reich, the Court recognized that despite “a accepted safety for use under medical supervision. Schedule congressional finding to the contrary, marijuana does have I drugs are illegal under all circumstances, except for “use of valid therapeutic purposes.” The Court also acknowledged drug as part of a Food and Drug Administration preapproved that respondents might “suffer irreparable harm” if denied research study.” Gonzales v. Reich, 545 U.S. 1, 14, 125 S.Ct. access to medically necessary marijuana. 545 U.S. 1, 9, 125 2195, 2204 (2005). S.Ct. 2195, 2201 (2005).

While federal law prohibits production and use of marijuana, However, like Mr. Marin, the respondents of Gonzales state laws offer different positions on this issue. Among many v. Reich did not dispute the passage of the CSA, nor states, California authorizes marijuana use for medicinal did they challenge the any provision of the CSA as an purposes. Indeed, California’s Compassionate Use Act of “unconstitutional exercise of congressional authority.” 545 1996 exempts physicians, patients, and primary caregivers U.S. 1, 15, 125 S.Ct. 2195, 2204 (2005). Additionally, case from criminal prosecution for possessing or cultivating law established that “Congress has the power to regulate marijuana when it is the only effective drug for a serious activities that substantially affect interstate commerce.” medical condition. Gonzales v. Reich, 545 U.S. 1, 125 S.Ct. NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 37, 57 2195 (2005). Michigan’s Medical Marihuana Act also permits S.Ct. 615, 81 L.Ed. 893 (1937). In Wickard v. Fillburn, the limited use of marijuana to treat debilitating medical Court found that local activities that may not typically be conditions.State v. McQueen, WL 490682 (2013). considered “commerce” may still “be reached by Congress if it exerts a substantial effect on interstate commerce.” 317 According to the given facts, Mr. Thomas Marin lives in a U.S. 111, 128-129,63 S.Ct. 82,87 L.Ed. 122 (1942). The nature state which permits production and ingestion of marijuana of the national market for marijuana leads to the reasonable for approved medical purposes. The facts also indicate conclusion that home consumption of marijuana (regardless that Mr. Marin complies faithfully with his state’s law while of reason) impacts interstate commerce. using marijuana to alleviate symptoms associated with Multiple Sclerosis, including severe pain and spasticity. Applying the above reasoning to Mr. Marin’s case, the DEA did not exceed its authority by arresting Mr. Marin Meanwhile, federal agents from the Drug Enforcement and destroying his marijuana plants. The objectives of the Administration (DEA) seized and destroyed Mr. Marin’s Controlled Substances Act are to consolidate drug laws, to marijuana plants. They also arrested him for “possession “conquer drug abuse,” and to “control the legitimate and and attempt to distribute a Schedule I drug in violation of illegitimate traffic in controlled substances.” Gonzales v. the CSA.” The incident led to Mr. Marin’s conviction and Reich, 545 U.S. 1, 12, 125 S.Ct. 2195, 2203 (2005). Giving two-year jail sentence. exceptions under the CSA would undermine regulations and exacerbate difficulties in distinguishing between legitimate In his appeal, Mr. Marin argued that the federal agents and illicit marijuana traffic. Nevertheless, classifying had “exceeded their authority” and that the application of marijuana as a Schedule I drug despite its medical uses is the Controlled Substances Act to his situation violates his unfair to patients who rely on its responsible use as their only constitutional rights. treatment. This is a problem that Congress needs to address. In order to determine whether Mr. Marin’s arguments have merit, we examine a similar case, Gonzales v. Reich, in which federal DEA agents seized and destroyed respondents’

54 WINTER 2013 THE PARALEGAL EDUCATOR Belle Smirnoff the District of Columbia had sodomy laws.6 By the time a The George Washington University similar challenge to sodomy laws arose in Lawrence in 2004, only thirteen states had maintained their sodomy laws, and there was a noted...pattern of nonenforcement. 7

Thomas Marin’s case raises two legal questions: 1) whether the In Raich II, which was decided in 2007, the Court ruled that Drug Enforcement Administration (DEA) exceeded its authority “Though the Lawrence framework might certainly apply when the agents entered Mr. Marin’s property, seized and to the instant case, the use of medical marijuana has not destroyed his marijuana plants, and arrested Mr. Marin, who obtained the degree of recognition today that private sexual possessed and used marijuana for approved medical purposes conduct had obtained by 2004 in Lawrence. Since 1996, ten in compliance with the state law; 2) whether the application states other than California have passed laws decriminalizing of Controlled Substance Act (CSA) to the defendant in these in varying degrees the use, possession, manufacture, and circumstances violated his constitutional rights. distribution of marijuana for the seriously ill.”8

Supremacy Clause in the U.S. Constitution (Article VI) states In Raich II the Court stated, “For now, federal law is blind to that the “Constitution and the laws of the United States... shall the wisdom of a future day when the right to use medical be the supreme law of the land... anything in the constitutions marijuana to alleviate excruciating pain may be deemed or laws of any State to the contrary notwithstanding.” (This fundamental. Although that day has not yet dawned, means that any federal law- even a regulation of a federal considering that during the last ten years eleven states agency- trumps any conflicting state law.) The 10th Amendment have legalized the use of medical marijuana, that day may states that “The powers not delegated to the United States be upon us sooner than expected. Until that day arrives, by the Constitution nor prohibited by it to the states, are federal law does not recognize a fundamental right to use reserved to the states respectively, or to the people.” medical marijuana prescribed by a licensed physician to alleviate excruciating pain and human suffering.”9 The Supreme Court resolved similar conflict in favor of the DEA in 2005 in Gonzales v. Raich,1 where it held that By the time Thomas Marin challenged federal laws on “Congress acted within the bounds of its Commerce medical marijuana in 2012 (five years after Raich II), Clause authority when it criminalized the purely intrastate nineteen states had legalized medical marijuana use, manufacture, distribution, or possession of marijuana in the and two states (Colorado and Washington) legalized its Controlled Substances Act.”2 recreational use as well. In five years the number of medical marijuana states doubled, which shows a higher rate of Even though the DEA agents exercised police power, legal recognition, than “nonenforcement” of sodomy laws (which normally falls under state jurisdiction), when they between 1986 and 2003. confiscated Mr. Marin’s marijuana plants and arrested him, they did not exceed their authority, pursuant to the If Marin’s defense uses these statistics to show how his Supreme Court decision on Gonzales. Therefore the Court case is different from Raich, there is a chance that the Court most likely will find the Tenth Amendment not applicable to may agree that “that day” which Raich II referred to, is Marin’s case. in fact “upon us,” and that it is time to recognize medical marijuana use as a fundamental right, protected by the Fifth Marin also alleges that the CSA application to his and Fourteenth Amendments. In that case the Court will circumstances violates his constitutional rights. The U.S. recognize the CSA application to Marin’s circumstances as Constitution guarantees Due Process and Equal Protection unconstitutional. to its citizens/residents via the Fifth and the Fourteenth Amendments. United States Court of Appeals for the Ninth Endnotes Circuit (persuasive authority) addressed the question 1 Gonzales v. Raich, 545 U.S. 1 (2005). 2 th whether medical marijuana use falls under the umbrella Raich v. Gonzales, 500 F.3d 850 at 867 (9 Cir. 2007). h 3 Raich v. Gonzales, 500 F.3d 850, 865-866 (9th Cir. 2007). of fundamental rights, such as life and liberty, in Raich II 4 Lawrence v. Texas, 539 U.S. 558 (2003). v. Gonzales3 (Raich II). To render the decision in Raich IL 5 Bowers v. Hardwick, 478 U.S. 186 (1986). the court applied Lawrence v. Texas4 framework, which 6 Lawrence, 539 U.S. at 572. repealed sodomy laws as violating fundamental rights. In 7 Id at 573. 8 Raich v. Gonzales, 500 F.3d 850 at 866 (9th Cir. 2007). Lawrence the U.S. Supreme Court held that when the Court 9 Id. at 866. had decided Bowers v. Hardwick5 twenty-four States and THE PARALEGAL EDUCATOR WINTER 2013 55 Cynthia Whitaker face prison time and confiscation of property, homes and other The George Washington University assets in accordance with the CSA. The requests for indefinite stays of proceedings pending Congressional changes to the federal marijuana laws have been rejected. When was the last time Congress repealed anything?5 The Federl Government Holds the Trump Card The U.S. Supreme Court acknowledged in a 2005 case, Gonzalez The people have spoken on the issue of medical marijuana. v. Raich, that a medical necessity defense may be a relief in the A November 2011 CBS News opinion poll showed 77% want future, but left open the unanswered question whether federal it legalized for medical purposes. Over 17 states and the courts have the authority to recognize a necessity defense to District of Columbia passed state laws legalizing its use for medical marijuana if not provided by statute.6 medical reasons. Two states have legalized small quantities of marijuana.1 But no matter how controlled a state’s medical Advocates for medical marijuana and several individuals have marijuana policies and regulations may be, federal law trumps challenged the Drug Enforcement Administration’s (“DEA”) them. It bans the cultivation, distribution and possession of denial of a petition requesting that marijuana be rescheduled marijuana for any purpose, and from the federal government’s from a Schedule 1 drug.7 If rescheduled, a detected and perspective marijuana is not a health issue.2 prosecuted registered cultivator would be allowed a defense of medical necessity and possibly avoid criminal liability. The Under the Controlled Substances Act of 1970 (“CSA”) marijuana petitioners feel that the denial was arbitrary and capricious is considered a Schedule I narcotic which means under and are asking for the petition to be referred to an agency for federal law it has no medical value. It is illegal.3 This Act also further consideration. Given the above, a prevailing defense prevents certain research studies that might verify marijuana’s for Mr. Marin’s federal charges seems unlikely at this time. therapeutic value and stop the debate as to its treatment of the symptoms related to diseases such as Multiple Sclerosis Previous studies show that MS is a disabling, painful, spastic (“MS”). We are now in a transition period with two sets of laws disease whose symptoms can be alleviated with medical that govern the issues. State employees and patients suffering marijuana, which also has been shown to slow neuro- from fatal diseases are caught in the crossfire, possibly facing degeneration associated with the disease. New studies need state and federal charges and being sent to prison. to be conducted, but to disallow usage and continued federal prosecution of patients who could benefit from the use of In the scenario provided by the Scholarship question, medical marijuana seems inhumane. Federal prison sentences U.S. prosecutors convicted and sentenced Thomas Marin for persons who are in compliance with state policy and to two years in federal prison pending an appeal for violations regulations during this transition period could be considered of the CSA. Mr. Marin suffers from MS and lives in a state that punishment that grossly outweighs the offense. The federal has approved medical marijuana. He complies with all state government must decide if marijuana should remain in the requirements. same category as heroin, cocaine and other dangerous drugs or be legal and taxable like alcohol and tobacco, and stop The U.S.’s trump card is that federal law always takes prosecuting citizens in states that have approved the use of precedence over state law. As far as the federal government medical marijuana. is concerned, it is inconsequential that Mr. Marin is in full compliance with his state’s requirements. It is suggested Endnotes that he may face prosecution due to his compliance. David (1) Dylan Scott, Medical Marijuana: Do States Know How to Regulate? Aug. Ogden, Department of Justice recently suggested that it is 2012, (2) Id. “individuals with cancer or other serious illnesses whose use (3) 21 U.S.C. § 812(b)(1)(B). of marijuana is part of a recommended treatment regime (4) David W. Ogden, Deputy Attorney General, U.S. Dept of Justice, consistent with applicable law, or those caregivers in clear Investigations and Prosecutions in States Authorizing the Medical Use unambiguous compliance with existing state law who provide of Marijuana (Oct 19, 2009) 4 such individuals with marijuana.” (5) U.S. v. One Parcel of Property, 2012 WL 6606597 (D.Conn.). (6) Gonzalez v. Raich, 545 U.S.1,125 S.Ct. 2195, 162L.Ed.2d 1 (2005). Despite this directive, arrests by the federal government are (7) Denial of Petition to Initiate Proceedings to Reschedule Marijuana, 76 being made on patients like Mr. Marin who eventually could Fed.Reg. 40.552, 40.522 (July 8, 2011).

56 WINTER 2013 THE PARALEGAL EDUCATOR Paramour Reprinted with Favoritism permission of thein National the Workplace Paralegal Reporter

Paramour Favoritism in the WorkPlace

by eriC mAtusewitCh, phr, CAAp

aramour favoritism on the job has been in the news York hospital who recently. created a new high- er-level position for a P Two well-publicized cases stand out. In April 2012, female staff member the University of Arkansas fired head football coach Bobby with whom he had a con- Petrino for hiring his mistress for a coordinator position over sensual romantic relation- many other qualified candidates.Then one month later, the University ship. Seven male respiratory of California at Berkeley terminated vice chancellor Diane Leite for tri- therapists sued for sex discrim- pling the salary of her male subordinate — and secret lover — from ination, alleging that the super- $41,000 to $120,000 in just five years. visor designed the requirements for the new position so that his i S F Av o r i t i S m u n l Aw F u l ? paramour was the only employ- ee eligible for it. While paramour (or sexual) favoritism may be unfair and bad for busi- ness (leading to declining employee morale, teamwork, loyalty, and even In 1986, the federal court of productivity), is it unlawful? The answer, with some exceptions, is no. appeals held that the male With near unanimity, federal and state courts have held that the antidis- employees were not discriminat- crimination laws are not violated when a boss plays favorites by promot- ed against because of their sex in ing a lover, raising his/her salary, or showering him/her with benefits not violation of Title VII of the Civil afforded to other employees. Rights Act of 1964 (which bans job bias on the basis of race, In claims of paramour favoritism, an employee argues that a supervisor color, religion, sex and national violated the antidiscrimination laws when he — usually a male — award- origin). The court found that they ed a job benefit of promotion to a female employee who was engaged in were denied promotion because sexual relations with that supervisor. The disadvantaged employees the administrator preferred his (males or females) usually seek compensation for denial of those benefits. paramour, rather than because of One of the leading cases in this area involved a supervisor in a New their status as males; any other female applicant would have whIle Paramour (or sexual) FavorItIsm faced exactly the same barriers to receiving the position. may be unFaIr and bad For busIness Additionally, the court noted that (leadIng to deClInIng emPloyee morale, the plaintiffs' argument would require courts to police individu- teamwork, loyalty, and even als' relationships, and it was not ProduCtIvIty), Is It unlawFul? willing to accept that burden.

36 National Paralegal Reporter® THE PARALEGAL EDUCATOR WINTER 2013 57 Paramour Favoritism in the Workplace Discrimination at Work

F e d e r A l c o u rt S supervisors, such as sitting on one supervisor in a suggestive manner and taking off her shirt in the presence of others. The plaintiffs claimed r e A c H S A m e that the female received special treatment from supervisors because she c o n c l u S i o n . was not required to perform the more difficult, dangerous, or otherwise undesirable tasks assigned to the other employees. Other federal courts have reached the same conclusion. For The court held that Title VII does not forbid employers from showing example, in 2002 another federal favoritism to employees because of personal relationships. Because any court of appeals refused to recog- favoritism had the same impact on both male and female employees in nize a Title VII claim based upon the workplace, the court reasoned that the plaintiffs' claims were not a single instance of sexual favor- actionable under Title VII. The Idaho Supreme Court reached the same itism. Here, two male mainte- conclusion in a 2011 ruling involving a female employee who was nance workers sued for sex dis- forced to quit due to her complaints about an intra-office romance crimination after the single female between her boss and a lateral female employee. employed at the worksite received Similarly, the US Equal Employment Opportunity Commission, preferential treatment from the (EEOC), the administrative agency that enforces Title VII, takes the supervisors. The plaintiffs position that the statute does not prohibit "isolated instances" of pref- claimed that the female employee erential treatment based upon consensual romantic relationships. In a engaged in sexual conduct with 1990 policy guidance on sexual favoritism, the agency explains that an AAfPEForums Join The Conversation The new “AAfPE Forums” are now operational! The forums will provide an additional venue for us to dialogue about issues important to all of us in meeting AAfPE’s mission of promoting quality paralegal education. The forums have dedicated areas for our standing committees, each region, program classification, our vendors, and a place to post job opportunities. You can also post informal “polls” to get quantifiable answers from your peers on those pressing question we all tend to have. Keep in mind that polls are informal and you cannot download the data for parsing for manipulation.

58 WINTER 2013 THE PARALEGAL EDUCATOR August / september 2013 37 Paramour Favoritism in the Workplace

isolated instance of favoritism toward a paramour (or a ing to women. Managers who engage in spouse or friend) may be unfair, but it does not constitute widespread sexual favoritism may also com- discrimination against women or men in violation of Title VII municate a message that the way for women because both sexes are disadvantaged for reasons other than to get ahead in the workplace is by engaging their gender. in sexual conduct or that sexual solicitations are a prerequisite to their fair treatment." Although one instance of paramour favoritism does not vio- late the antidiscrimination laws, the EEOC guidance takes The first appellate decision adopting this the position that multiple relationships in the workplace may part of the EEOC guidance was issued by the violate Title VII by creating a "hostile work environment." California Supreme Court in 2005. In that According to that agency's guidance, if favoritism based case, a male warden at a women's prison was upon the granting of sexual favors is simultaneously involved in consensual sexu- widespread in the workplace, both al relations with three of his five female sub- male and female colleagues who ordinates. The affairs were common knowl- do not welcome this conduct edge among the other employees. The can establish a hostile work three paramours often publicly squabbled environment. "In these cir- over the warden, and other employees cumstances, a message is witnessed the warden and one of the par- amours fondling each other on at least three occasions at work-related social gatherings. The two non-participating female employees filed suit under California's Fair Employment and Housing Act (the state equivalent to Title VII), claiming that the three con- senting employ- ees received special treat- ment such as unfair promo- tions, schedul- ing and training the plaintiffs alleged this preference, reduced accountability, and gen- eral favoritism. The plaintiffs alleged this behavior created a hostile Work behavior created a hostile work environment, environment, Which constituted which constituted sexual harassment. sexual harassment. The trial judge dismissed the worker's claims, concluding that paramour favoritism did not violate the state statute. Relying on implicitly conveyed that the managers view women as 'sexu- the EEOC guidance, the state's highest court al playthings,' thereby creating an atmosphere that is demean- reinstated the suit, finding that widespread

THE PARALEGAL EDUCATOR 59 38 National Paralegal Reporter® WINTER 2013 Paramour Favoritism in the Workplace

sexual favoritism could create a hostile work envi- discrimination statutes. Any business that has faced a ronment by implying that supervisors view their lawsuit realizes the time, expense, and emotional female subordinates in a sexual--rather than profes- drain it can cause, even when concluded successfully. sional — manner; and that engaging in consensual Employers should therefore be aware of and prohibit sexual behavior is the only way for females to sexual favoritism in the workplace. advance their careers. Eric Matusewitch, PHR, CAAP, former deputy The EEOC and some courts have recognized director of the New York City Equal another exception to the paramour favoritism rule. If Employment Practices Commission, taught a the preferential treatment is the result of coerced course on the Fundamentals of Equal sexual conduct, qualified employees who were Employment Opportunity Law at New York University. He has written the Manager's rejected for the job benefit may also have discrimi- Handbook on Employment Discrimination nation claims under Title VII and parallel state laws. Law (Andrews Publications, 2000). He was a According to the EEOC guidance, "if a female member of the Advisory Boards of the Berkeley College employee is coerced into submitting to unwelcome Paralegal Studies Program and the New York City Paralegal sexual advances in return for a job benefit, other Association. He holds Masters' Degrees in Political Science and female employees who were qualified but were Library Science, and a Certificate in Paralegal Studies. He is cer- tified as a Professional in Human Resources by the Society for denied the benefit may be able to establish that sex Human Resource Management, and as an Affirmative Action was generally made a condition for receiving the Professional by the American Association for Affirmative Action. benefit." This principle is illustrated by a 1983 federal district court ruling. In this litigation involving The Paralegal Educator the Veteran's Administration, the supervisor had Writing for propositioned several of the female employees. Would you like to impress your boss, your colleagues, your students? Finally he met with success, and boasted that he The Paralegal

Do you have a teaching experience, American Association for Paralegal Education was giving that employee a promotion because Volume 28, No. 1 SPRING/SUMMER knowledge relevant to the paralegal 2013 she knew how to make him feel good. Although profession or a solution to a problem the supervisor had not made an explicit offer of that you would like to share? promotion for sex to any of the women, the court If you are thinking “yes” to any part of these questions, then it is time to The Importance of Faculty Development concluded that this offer had been implicit in his In Paralegal Education

put your ideas on paper and write See article on page behavior: "In order for a woman to be [promoted], 24 an article for AAfPE’s national it was necessary to grant sexual favors, a condi- peer-reviewed magazine – The Paralegal Educator. tion not imposed on men." The court therefore The Educator is published twice a each year. ruled that the plaintiff, a well-qualified rejected Articles can be submitted at any applicant, suffered sex discrimination in violation time; the deadlines for the two aralegal issues will be announced well in The P of Title VII. ralegal Education WINTER 2012 American Association for Pa advance of the submission date. Volume 26, No. 2 Just because an isolated incident of sexual A broad theme may be assigned to an issue to focus on trends and favoritism in the workplace is not illegal, it does concerns within paralegal education not mean it is good for the company. Favoring the and the paralegal profession. bosses' lover(s) undoubtedly takes its toll on Watch for the “Call for Articles” on the AAfPE listserve which will See article on page 13 BRIDGING THE MULTI-GENERATIONAL GAP employee morale and productivity. It is also quite provide this information. possible that sexual favoritism, if sufficiently widespread, can rise to the level of a hostile work If you have any questions or would like more information, please contact Editor-in-Chief Carolyn Bekhor environment, thus violating federal and state anti- at [email protected] or 909.593.3511, ext. 4410.

60 WINTER 2013 THE PARALEGAL EDUCATOR August / september 2013 39 Tiny bits of help on distance education and technology in any classroom

SPECIAL ISSUE

By Donna Schoebel SUMMER BREEZE edited by Susan Jaworowski and contributions from the AAfPE Alternative Delivery Task Force

Wow…it’s Summer 2013…and it’s nearly over at that! Well, AAfPE Bytes has not forgotten our annual SUMMER BREEZE EDITION!

So, relax, grab a beverage, kick your feet up, and breeze through our summer edition...Here are some sites, links, and information that may help you as a Paralegal Educator…as a Program Director…or as just yourself in the rapidly changing technological world! ENJOY…

************************************************************** Have you heard about CHROMECAST which many believe will be Google’s first media gadget hit? Well, Google states it is a “low-priced streaming gadget that provides TV screen mirroring to any device regardless of the platform.” At a cost of $35, Google believes it will be well received and it is lower priced than devices from competitors. In fact, Google believes it will beat the rumored “iTV” that has yet to be unveiled. So why not read more about it at: http://venturebeat.com/2013/07/25/heres-why-chromecast-could-be-googles- Vol. 4 Issue 3 SUMMER 2013 first-media-hit/#iXch7X1resR3oi7t.99.

Chromecast is also noted in this educational blog: http://blogedutech.blogspot.com/2013/07/chromecast-reverse-second-screen.html.

This issue edited by Doris Rachles, JD, South University, Savannah, GA.

THE PARALEGAL EDUCATOR WINTER 2013 61 SUMMER BREEZE HOT SUMMER—Cool PRODUCTS!

Hey, how about Russell Stannard’s site “Teacher Training Videos” at: http://www.teachertrainingvideos.com/. Russell Stannard sends out a newsletter periodically that has lots of training videos for programs like Audacity, Spiderscribe, Camtasia, and so on. His videos are well done, don’t take forever to do, and are done in chunks so that you can do as much or as little as you need to get up to cyber-speed. What a great resource!

Are your quizzes dull??? Do your students fall asleep during your quiz??? Well, here is a link that can fix that problem! Wake them up with an interactive quiz that simulates real world challenges! Try using ARTICULATE QUIZMAKER to liven up those quizzes...go check this link! http://articulate.createsend4.com/t/ViewEmail/ r/101A82C5D920ACCC/634A41EC11C6EEC805AF428974F65BCD.

Getting fatigued trying to motivate those Gen X & Y students??? Who isn’t, I ask you! Bet you haven’t yet been GAMIFIED...so get into GAMIFICATION by visiting the following site: http://www.games-based-learning.com/2013/07/motivating-generation-x-and- y-with.html?spref=tw. Are you an EDUDEMIC? I know it sounds like a dreaded disease...but it can be a great resource for our favorite subject… ASSESSMENT. In fact, the edudemic website can offer much more to the educator. Have a look at their website on assessment but then stay to explore more at: http://www.edudemic.com/2013/07/the-6-types-of-assessments-and- how-theyre-changing/. Vol. 4 Issue 3 SUMMER 2013 Looking for THE BEST Laptops, Tablets, or Apps??? Then you do need to become an edudemic! Their website provides information on the “best” technology for educators. Check it out at: http://www.edudemic.com/best-education-technology/.

YOU CAN PARTICIPATE IN THE AAfPE NATIONAL CONFERENCE

1. CHANCE TO WIN $500 IN THE CYBER-ED IDOL ONLINE TEACHING COMPETITION! Have fun and show us the best stuff you have in your online class.

2. SHARE BEST PRACTICES AT THE ONLINE SHOW AND TELL TECHNOLOGY ROUNDTA- BLE . BRAINSTORM AND NETWORK!

CONTACT DORIS RACHLES OR DONNA SCHOEBEL.

62 WINTER 2013 THE PARALEGAL EDUCATOR S U Issue Vol. Doris MME 2 013

4 3

R Rachles, BYTES AAfPE’s Alternative Sheryne Are your Are youusinge-Learning??? Bet youarestillintere

Donna Inst Phases-of-E critical-thinking/ the-instruct -146 Guide_to_the_MOOC_Novice.ht CRITICA free Learning more use…education yourselfaboutHYBRIDPEDAGOGY of AAfPEBytes… question and out: http://info.shiftelearning.com cator papers, conf http://www.facultyfocus.co hybrid?? http://www.hybridpedagogy.co ru inform .

at Southard, about Schoebel, ctors students stuckonOPINIONS t h H ? is Wanttoknowm . L m a o MOOCs ffective-eLearning-an-In erence opportunitiesand link: tion THINKING? r m mm…) s-challenge- a ny m .

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EmergingEdTech • The use of Collaborative Classroom Spaces in Higher Learning is growing by leaps and bounds. Have you become a part of this trend? Interested in becoming a part of this trend? Then we have the perfect site for you to visit! Go take a look and browse at this link” http://www.emergingedtech.com/2013/07/the-growing-use-of-collaborative- classrooms-spaces-in-higher-education/.

• Looking for some LIVE CHAT FOR YOUR CLASSROOMS? Backchannel Chat may be just the thing for you. They provide both FREE and PREMIUM chat rooms for the educator to use in their online or traditional classrooms. It is designed solely for edu- cational chat sessions. Go to: http://backchannelchat.com/. Browse their product and see if it’s for you. • Looking to get more Science and Biomedical materials and illustrations into your course materials or presentations? Spice up those cases you’re using with some free graphics! Check out this site used by educators at all levels of teaching and learning!

Go see: http://www.hhmi.org/educational-materials. This is a Howard Hughes Medical Institute Site.

• Now I ask you, who isn’t looking for THE TEN-MINUTE GUIDE TO BLOOM’S TAXONOMY? How can you resist this title? It’s just some more good material from EDUDEMIC…So go spend a happy ten minutes at: http:www.edudemic.com/2013/07/the-10-minute-guide-to-blooms-taxonomy/.

• How good are you with social media in your classroom? Need some help such as THE FACEBOOK GUIDE FOR TEACHERS? Check out this and more at this link: http://elearningindustry.com/the-facebook-guide-for-teachers. In fact, eLearn- ing Industry has loads of material available for the educator.

64 WINTER 2013 THE PARALEGAL EDUCATOR BYTES Currently, the eLearning Industry has a network of more than 75,000 pro- fessionals involved in and running the following sites: • The eLearning Industry (http://elearningindustry.com/) “The leading e-Learning por- tal for professionals involved in the e-Learning Industry. Find first all the latest trends, articles and news.” • Viva eLearning: (http://vivaelearning.com/) “Free video tutorials for eLearning pro- fessionals.” • eLearning Feeds: (http://elearningfeeds.com/) “The most recent article from the BEST eLearning blogs and eLearning sites.” • eLearning Jobs: (http://elearningjobs.com/) “The leading source for eLearning Jobs – Free eLearning Job posting.” • eLearning Ask: (http://elearningindustry.com/discussions) “An eLearning questions and eLearning answers discussions portal.” • eLearning Tags: (http://elearningtags.com/) “An eLearning social bookmarking ser- vice where you can discover, share, vote and discuss remarkable eLearning content.”

USE OF SOCIAL MEDIA IN SCHOOL: More on using social media in your classroom is of- fered at the following link: http://www.bestmastersineducation.com/social-media/.

TWELVE POWERFUL PDF TOOLS FOR TEACHERS AND ADMINISTRATORS: Can you deal effectively with PDFs? Are you providing your students with the skills needed to deal with PDFs in the workplace once they graduate from your program? Here is a good source for learning what is out there and how to use PDFs – go to this link: http:// www.edudemic.com/2013/07/12-powerful-pdf-tools-for-teachers-and-administrators.

Are you really ready for THE FUTURE OF LEARNING...Let EDUCATIONAL TECHNOL- OGY AND MOBILE LEARNING provide you with educational web tools and mobile apps designed specifically for educators…Check this site out at: http://www.educatorstechnology.com/2013/07/this-is-how-learning-will-look-like-in.html.

OK, getting overwhelmed with education…Here is a source for some music to turn on as you continue the Summer Breeze, or as you take a break...so for per- sonal use try: http://savedelete.com/best-free-ipad-music-apps.html.

SLIDE SHARE INFORMATION: Looking for some photo and image editing tools for your presentations? Here are some tools for you to browse and use! Go to this site for some slide-share information: http://www.slideshare.net/elearningindustry/30-free-photo-and-image-editing-tools -for-teachers?goback=.gde_52119_member_258436620.

Need some INFOGRAPHICS to spruce up your courses and your presentations? This link will provide you with sources and how to use infographics for clever presentations and story tell- ing: http://www.youtube.com/watch?v=VQbFX2QzbOI.

THE PARALEGAL EDUCATOR WINTER 2013 65 BYTES

Need a DETAILED HISTORY OF SOCIAL MEDIA...This site provides a clever visual history and more information for you to browse. Go check out this site: http:// www.diigo.com/annotated/556e1eac57e0985b4c2355a8a223c9d5.

Have e-Textbooks become popular at your institution? How do we deal with the issues of the e-Text, the bookstore, the library, and the classroom? Have a look at what DERN (digital education research network) has to offer on this subject and explore much more they have to offer. For E-Textbooks in Universities proceed to: http:// dern2.acer.edu.au/dern/research-reviews/page/e-textbooks-in-universities.

Are you using AirPlay for your students? Do you even know AirPlay exists and is being used by educators, businesses, and many more? Have a look at what AirPlay is all about. Go to this link for an EDUCATOR’S GUIDE TO AIRPLAY ON IPADS AND MACS: http://jonathanwylie.com/2012/12/10/an-educators-guide-to-airplay-on-ipads- and-macs/.

Here is an article I just loved. It will put the GOOSEBUMPS AND CHILLS ON ANY COLLEGE EDUCATOR. You will enjoy this article and its information provided by a Georgetown University student, “Everything I learned at College I Could Have Pur- chased at the iTunes Store for $9.99.” Gotta love technology...go check this out at: http://www.policymic.com/articles/53205/everything-i-learned-at-college-i-could-have- purchased-at-the-itunes-store-for-9-99.

A fun read and a great resource..If you haven’t been to The Teaching Professor BLOG, let us introduce you to it! I happen to like this par- ticular blog but have read so many good ones here…try it for yourself…..Go to this link: http://www.facultyfocus.com/articles/teaching-professor-blog/ learning-with-students-vs-doing-for-students/.

Did we pique your interest? Turn the page for information on a live pres- entation of more technology bells and whistles to jazz up your online or on-ground class. There is nothing traditional about all the exciting tech- nology at our fingertips to enhance learning in your classrooms and give your students something to cheer about!

66 WINTER 2013 THE PARALEGAL EDUCATOR

BYTES

Tired of having your boring lectures talked about?

Then come to the Technology Roundtable in Phoenix. Your peers from AAfPE will be providing a show & tell of ideas, products, animation, videos, online materi- als, and anything technology-related! Better be there! Better yet, be a participant and Show & Tell us what you do! Learn from the BEST…an AAfPE Educator

Our Annual AAfPE Conference for 2014 is approaching faster then you think. Please take a few minutes from your busy schedules to participate in the tech. show & tell. We need you and your great ideas to share with your fellow educators. No judging, no grading, no com- plaining, just simple show and tell and share ideas. Please contact [email protected] or [email protected] to let us know you’ll be a presenter at our Tech Roundtable Show & Tell…..Thanks!

YOU CAN DO IT! BE A WINNER! Y OU C A N B E T HE NE X T C Y B E R -E D I DOL BE A STAR IN LAS VEGAS/SUMMERLIN!!

SHOW US SOM E F UN ST UF F I N Y OUR ONL I NE CL A SS A ND YOU CAN WIN $500.00 Please contact [email protected] or [email protected] to let us know you‛ll be a contender for the AAfPE 2014 CYBER-ED IDOL SEE YOU IN LAS VEGAS/SUMMERLIN!

THE PARALEGAL EDUCATOR WINTER 2013 67 19 Mantua Road Mt. Royal, New Jersey 08061 Address Service Requested

AAfPE Board of Directors Terms of Office End as Noted OFFICERS DIRECTORS Steve Dayton, President (2014) Donna Schoebel, Director, North Central Region (2014) Dora Dye Fullerton College Capital University Law School Director, Associate Programs (2015) 321 East Chapman Avenue 303 E. Broad St. City College of San Francisco Fullerton, CA 92832 Columbus, OH 43215 578 Farallon Ave. Office: 714-992-7223 Office: 614-236-6444 Pacifica, CA 94044 Email: [email protected] Email: [email protected] Office: 415-239-3508 Email: [email protected] Patricia Lyons, President-Elect (2014) Judith Mathers Maloney, Director, Northeast Region (2014) Long Island University Long Island University - Post Mary Flaherty 43 Elwin St. 720 Northern Blvd., Lorber Hall Director, Baccalaureate Programs (2015) Warwick, RI 02889 Brookville, NY 11548 Suffolk University Office: 401-391-7830 Office: 516-299-3848 73 Tremont St. 10th Fl. Email: [email protected] Email: [email protected] Boston, MA 02108 Office: 617-305-1958 Loretta Calvert, Immediate Past President (2014) Margaret Ann Uchner, Director, Pacific Region (2015) Email: [email protected] Volunteer State Community College Community College of Aurora 1480 Nashville Pike 9235 E. 10th Drive, Room 142 Julia Dunlap Gallatin, TN 37066 Denver, CO 80230 Director, Certificate Programs (2014) Office: 615-230-3786 Office: 303-340-7254 University of California - Email: [email protected] Email: [email protected] San Diego Extension 8950 Villa La Jolla Drive, Suite 201C Robert Mongue, Secretary (2014) Mary Hatfield Lowe, Director, South Central Region (2016) La Jolla, CA 92037 University of Mississippi Northwest Arkansas Community College Office: 858-534-8164 319 Odom Hall One College Drive Email: [email protected] P.O. Box 1848 Bentonville, AR 72712 University, MS 38677 Office: (479) 619-4358 AAfPE Headquarters Office: 662-915-7293 Email: [email protected] Email: [email protected] Gene Terry, CAE Kye Haymore, Director, Southeast Region (2015) Executive Director Wm. Bruce Davis, Treasurer (2014) Georgia Piedmont Technical College 19 Mantua Road University of Cincinnati, Clermont College 495 N. Indian Creek Drive Mt. Royal, NJ 08061 4200 Clermont College Drive Clarkston, GA 30021 Office: 856-423-2829 Batavia, OH 45103 Office: 404-297-9522 ext. 5300 Email: [email protected] Office: 513-732-5305 Email: [email protected] Email: [email protected]

MISSION: To provide greater access to legal services by promoting quality paralegal education.