HARVARD LAW SCHOOL

CLASS OF 2014

CLINICAL AND PRO BONO PROGRAMS LEARNING THE LAW | SERVING THE WORLD

COMMENCEMENT NEWSLETTER

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

IN HOUSE CLINICS

Criminal Justice Institute

Cyberlaw Clinic

Education Law Clinic

Emmett Environmental Law and Policy Clinic

Food Law and Policy Clinic

Harvard Immigration and Refugee Clinic

Harvard Legal Aid Bureau

Harvard Negotiation and Mediation Clinic

Health Law and Policy Clinic

International Human Rights Clinic “Through the Harvard Law School “One of the best aspects of Harvard Shareholder Rights Clinic Clinical and Pro Bono Programs, Law School is working with the Transactional Law Clinics students provide high-quality , free remarkable energy, creativity, and legal services to thousands of people dynamism of our students. They WilmerHale Legal Services Center each year and innovate law reform come to HLS with a wide range of Family and Domestic Violence Law Clinic efforts in the United States and backgrounds and a wealth of Predatory Lending/Consumer Protection Clinic around the globe. Working alongside experiences from which our Clinics Post-Foreclosure Eviction Defense/Housing gifted and creative Clinical and our clients benefit and grow. Our Law Clinic Professors, Instructors, and lawyers Clinical Program is never static—we Veterans Law and Disability Benefits Clinic in legal institutions around the are constantly reinventing ourselves world, students find the in response to client needs, student EXTERNSHIP CLINICS extraordinary rewards of serving interests, and national and Capital Punishment Clinic others while gaining invaluable international issues. As we advise Child Advocacy Clinic learning experiences and advancing and mentor individual students on justice and fairness. Part laboratory, their path to becoming ethical Criminal Prosecution Clinic part teaching hospital, our clinics lawyers, the students, in turn, teach Employment Law Clinic and pro bono programs reflect us to look at legal problems with a Government Lawyer: State Attorney General Clinic commitment to public service that fresh set of eyes each and every day. Government Lawyer: United States Attorney Clinic This constant sense of wonder animates this school” Government Lawyer: Semester in Washington D.C. permeates our Clinical Programs and - Dean Martha Minow Clinic invigorates the learning process” Judicial Process in Community Courts Clinic

- Lisa Dealy Sports Law Clinic

Assistant Dean Supreme Court Litigation Clinic

Clinical and Pro Bono Programs

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

Dear Graduates, Faculty, Staff, Family and Friends, STUDENT PRACTICE ORGANIZATIONS The Office of Clinical and Pro Bono Programs at Harvard Law School Harvard Defenders offers its heartfelt congratulations to the Class of 2014. These students Harvard Immigration Project will be joining a distinguished group of alumni and will soon be making Harvard Law Entrepreneurship Project their own mark on the legal profession. We wish them well as they embark on exciting new careers! Harvard Mediation Program Graduation brings a time of transition from the world of academia to Harvard Mississippi Delta Project the world of practice. Through their participation in clinical programs, Harvard Negotiators student practice organizations, and pro bono opportunities, these Harvard Prison Legal Assistance Project students have already embarked on their careers as advocates and HLS Advocates for Human Rights representatives for their clients under the guidance and supervision of licensed attorneys. Students in the Class of 2014 worked hard - Project No One Leaves averaging 582 hours of legal pro bono work each. In this newsletter, Recording Artists Project you will find their stories, reflections, and lessons they have learned Tenant Advocacy Project through their clinical practice. We hope that their time spent engaged in pro bono service will better prepare them for the professional challenges that lie ahead. We also hope that through their engagement with Harvard Law School’s clinical and pro bono opportunities that they will go forward into practice with a lifelong commitment to pro bono service. Good luck Class of 2014! 76% of the Class of 2014 In 2014 participated in at least one clinic.

More than 50 13 Clinical Faculty 950 Student Clinical Class of 2014 Clinical Courses More than 60 Placements 341,951 Pro Clinical Instructors, 16 In-House Clinics Bono Hours Clinical Fellows & 10 Externship Clinics Completed Staff 11 SPOs CLINICAL AND PRO BONO PROGRAMS PAGE 1

HARVARD LEGAL AID BUREAU Winning an Injunction Against Freddie Mac On December 10, 2013 HLAB student Nicole Summers, “To date, [Fannie Mae and Freddie Mac] have not J.D. ’14 argued a preliminary injunction in the U.S. District complied with this provision, which has unfortunately Court to prevent the eviction of Mr. and Mrs. Suero and impeded the ability of buyback programs to maximize the their three children and halt the sale of their home. Citing a number of borrowers they can assist, which in turn has hin- 2012 Massachusetts law - which made it illegal for any dered the broader goals of neighborhood stabilization and lender to place limitations on selling homes back to fore- revitalization,” AG Coakley said. “Our office is consider- closed homeowners - Nicole ing all available legal avenues, successfully prevented the including litigation, to ensure eviction of the Sueros and sale compliance with Massachusetts of their family home. The law law, should FHFA fail to was intended to help home- promptly amend its policies to owners repurchase their allow Fannie Mae and Freddie homes after foreclosure. Mac to participate in credible buyback programs.” Nicole's Nicole wrote about her case in case is the first case in Massa- an earlier blog post. “I am chusetts to obtain an injunction encouraged and hopeful that against Freddie Mac on the basis the judge’s decision will lead of their refusal to comply with to meaningful enforcement of the 2012 Massachusetts law. this important law. It was exciting and challenging to Mr. and Mrs. Suero are active argue in federal court, and it members of a local anti foreclo- was a wonderful experience to sure and anti-displacement do so on behalf of the Sueros, organization, City Life Vida Ur- who have fought so hard to bana, as well as Local 26 Unite remain in their home and HERE. Both groups have been rebound from the foreclosure instrumental in mobilizing resi- crisis,” she said. dents to protest Freddie Mac's refusal to sell homes back to The battle, however, contin- former owners after foreclo- ues as Freddie Mac has re- sure. Nicole and others at fused to sell the home to a non HLAB have worked closely with -profit, which would sell the the movement throughout the home back to the Suero fami- case and will continue to do so in ly. Earlier this month, the Nicole Summers, J.D. ’14 the coming months with the goal Boston Globe ran a story 'Can of effecting policy change at Freddie Mac skirt Mass. consumer law?' It explains this Freddie Mac. contradiction in the law and how it has affected the Suero Nicole contributed to writing this story. family. The Harvard Legal Aid Bureau is the oldest student-run legal In a press release issued a day later, State Attorney services organization in the country. This year, it celebrated its General, Martha Coakley – citing Nicole’s case – urged the Federal Housing Finance Agency (FHFA) to use the 100th Anniversary of providing free legal aid to the poor. Bureau buyback programs to help homeowners. In a letter to alumni include Michelle Obama ’88; former Bureau President FHFA, she states that the prohibition on selling the homes Deval Patrick ’82, the Governor of Massachusetts; and the U.S. back to the homeowners is in direct conflict with the 2012 Supreme Court Justice William Brennan ’31. Massachusetts law. The Bureau is unique among HLS Clinics in that it is entirely student-run. Its students make a two year commitment to work

20 hours a week. They assist clients with family law, government benefits, wage and hour law, and housing matters. LEARNING THE LAW | SERVING THE WORLD PAGE 2

VIA THE HARVARD NEGOTIATION AND MEDIATION CLINICAL PROGRAM Student Works with the Peruvian Ministry of the Economy By Daniel Holman, J.D. ’14

My interest in the Harvard Negotiation Workshop and Nego- Here at HLS, I have repeatedly seen negotiation themes tiation & Mediation Clinical Program (HNMCP) began be- connected with my work with the Harvard Law and fore I even enrolled in law school, when Professor Bordone International Development Society, whether in the realm of led a negotiation exercise during Admitted Students Week- regional agricultural trade harmonization or the ways in end. Speaking with students from the Harvard Negotiation which prosecutors pursue cases of official and corporate Law Review afterward, I was struck by how the negotiation corruption. In the professional sphere, one of the key points curriculum had helped them develop a skill set that could be drawing me to work last summer at Allen & Overy in Wash- carried beyond school in a very direct way. Having worked ington, DC, was the firm’s work with government and with non-profits in Latin America multilateral lenders that play an before law school, I envisioned increasingly crucial role in major becoming a lawyer whose work was development projects around the world. mostly outside the courtroom— Undertaken at the crossroads of the helping communities to resolve commercial and public spheres, these conflicts and helping clients to infrastructure investment projects must structure deals and turn ideas satisfy both public and private interests. into enduring institutions. The mix Even if the contract documents are in of hard skills and strategic thinking perfect order, the project can run into that is part of the negotiation trouble unless counsel and clients are at- curriculum has offered a window tuned to these risks. into unforeseen ways that a legal education can be applied in these Equipped with a dispute resolution areas. mindset, one can begin to see how success of these endeavors depends on a series of My HNMCP project with the layered, interdependent negotiations— Peruvian Ministry of the Economy in between the governments and private par- the spring of 2013 presented a ties, between the government and the citi- perfect match between my legal and zens that will be affected, and even extracurricular interests. Like many between different agencies or provinces, all of its neighbors, Peru participates in of whom have distinct interests at stake investment protection treaties as a and may have radically different power at way to attract investors and boost the negotiating table. Finding novel and economic growth, but with the consequence Daniel Holman, J.D. ’14 constructive ways to enlarge the role that civil that the government must society, the press, and social defend periodically its The Harvard Negotiation & Mediation Clinical Program movements can play in public regulatory decisions before represents the next generation of dispute resolution practice decision making is particularly treaty tribunals. Because and pedagogy. Under the direction of Clinical Professor of Law critical to ensuring that citizen different government agen- Robert Bordone ’97, it is the only law school clinic with a voices are represented in these cies, private entities, and conversations. primary focus on the leading-edge field of Dispute System foreign governments may all Design, in which students learn to design conflict resolution have a stake in these pro- Collectively, the negotiation ceedings, investment treaty systems tailored to meet the needs of each client and courses I have taken at HLS—the litigation presents complex situation. Negotiation Workshop, Dispute challenges for government Systems Design, HNMCP, and lawyers. Interviewing stakeholders in Peru with my clinic most recently the new Lawyer as Facilitator Workshop— partner Mark Johnson, J.D. ’14 helped us to understand how have encouraged me to think critically about the role that I as the different players viewed the system and how dispute an attorney can play in identifying and solving problems that resolution techniques might at times be employed to ease the arise when many parties have to agree. I look forward to process. applying what I’ve learned from HNMCP as an advocate, intermediary, and counsel throughout my career. My hope is to remain involved in these issues through graduation and beyond. CLINICAL AND PRO BONO PROGRAMS PAGE 3

CRIMINAL JUSTICE INSTITUTE From Arraignments to the Supreme Judicial Court: A Year at Harvard’s Criminal Justice Institute By Jeanne Segil, J.D. ’14

When I walked through security at the courthouse for our last more justice.” And that is one of my takeaways from this year mock trial as part of the Trial Advocacy Workshop, the at CJI—while the problems within the criminal justice system security guard looked at my trial partner and I (we are often are complex and overwhelming, some of the solutions are confused for being younger than our actual ages) and he said, beautiful and simple. Our clients are capable of achieving “someday you will be real lawyers.” I smiled to myself as I great things in their lives; we need to start viewing people in doubted that he knew that one week later we would be at ar- a way that recognizes their humanity and enables them to raignments in district court in Massachusetts, representing reach their potential. our very own clients as student attorneys. These views brought me from trial court all the way to an oral My experience at CJI has argument with a single Justice at been a rollercoaster of the SJC, the first time a CJI student emotions—it can be heart- has argued at the SJC in 15 years. breaking to navigate our The issue being heard regarded the way through a broken crim- authority of the trial court to allow inal justice system with our pretrial diversion for a first-time clients depending on us to OUI offense. Pretrial diversion fight for just outcomes. I would allow my client to complete have one client who was an educational program and not seventeen at the time he have a criminal record. My client allegedly committed an of- graduated high school with honors fense and the Massachusetts while working to support his legislature unanimously family, received an academic schol- passed a bill to raise the age arship to attend college, and has of juvenile jurisdiction to made the Dean’s List at college. He include seventeen-year- is a unique and wonderful young olds. His alleged offense man who deserves a second chance. occurred shortly before the I am still awaiting the results of this passage of the bill, thus we worked tirelessly case but it was a truly remarkable experience to be Jeanne Segil, J.D. ’14 to argue that the bill should be applied heard in that courtroom and have an SJC Justice retroactively. Another case devote time to learning about my raising the same issue was “And amidst these ups and downs, I feel so grateful client, his amazing achievements ultimately heard in the in the past, and his potential to Massachusetts Supreme for the constant support within CJI. We have incredi- make a positive difference in this Judicial Court (SJC), ble supervising attorneys who are always there for world. That experience reminded where the SJC held that it us and ensure that we never feel alone. And we me to be hopeful that our system was not retroactive. can change for the better. have each other, my colleagues at CJI who will drop While I understood that whatever they are doing to deliver a subpoena, go And amidst these ups and downs, the Commonwealth had I feel so grateful for the constant valid legal arguments on an investigation, and do whatever it takes to help support within CJI. We have regarding retroactivity, I another CJI student. “ incredible supervising attorneys couldn’t help but wonder, who are always there for us and why make those argu- ensure that we never feel alone. ments? Why oppose having seventeen-year-olds in the more And we have each other, my colleagues at CJI who will drop lenient juvenile justice system when the Massachusetts whatever they are doing to deliver a subpoena, go on an legislature unanimously believes they belong there? We investigation, and do whatever it takes to help another CJI confronted this same unquestioning stance every day in court. student. We share in each other’s victories and comfort one We heard our clients’ stories, we understood their situations, another in hard times. It is through getting to know my CJI and we became disillusioned when nobody else seemed to colleagues, our supervising attorneys and staff, and our take that time. During those moments, I remembered words tremendous and resilient clients, that I have faith that we can by Bryan Stevenson, the Director of the Equal Justice slowly move mountains and make changes in our criminal Initiative, who said we need “more hope, more forgiveness, justice system. LEARNING THE LAW | SERVING THE WORLD PAGE 4

PROJECT NO ONE LEAVES My time with Project No One Leaves redoubled my commitment to working in the public interest... By Matt Nickell, J.D. ’14

I started going to Project No One Leaves’ Saturday morning organization’s gears moving these past two years; our canvasses in my first year of law school. Project No One Conference Director David Curtis, who helped organize and Leave (PNOL) stood out to me when I got to HLS because it run our conference this spring; and our Canvassing Director was one of the only organizations on campus that got law Donna Harati, who mapped out and planned many of our students out of Cambridge and into Boston communities to canvasses this past year. do housing justice work. Project No One Leaves was started by HLS students at the start of the economic crash in 2008 to The people I met during PNOL’s weekly canvasses have connect people facing foreclosure with legal resources and been equally inspirational. Almost every homeowner and community groups that could help them defend against tenant who answered my knock at the door was extremely foreclosure and eviction. Canvassing with PNOL was a great kind and courteous, but many had sad stories to tell that way to see and enrich my understanding of Boston’s geogra- could move anyone to tears. Homeowners had been preyed phy, history, and culture. More important, it gave me the on by banks that exploited their vulnerability, tenants did not opportunity to work side-by-side with community organiz- know whom to contact about needed property repairs and ers, homeowners, and tenants as health code violations, and many part of a broader movement resist- had recently lost jobs, health in- ing the forces that perpetuate pov- surance, or family members. For- erty, inequality, and segregation. tunately, many of the people I met became active advocates for My time with PNOL these past change themselves, attending City three years has been tremendously Life meetings and speaking out eventful. A pivotal experience was against the predatory practices that attending my first meeting at City devastated their communities. As Life / Vida Urbana, a community a member of the Harvard Legal organization (and PNOL ally) that Aid Bureau’s Foreclosure Task brings together tenants and home- Force, I had the privilege to work owners facing foreclosure and with a number of the homeowners eviction to fight back against and tenants I canvassed, defending banks and predatory investor- them against eviction in Boston landlords. The level of energy, Matt Nickell, J.D. ’14 (second on the left) Housing Court. But the real activity, and engagement in the room and PNOL Members strength of the people I met came was a testament to the transformative from their families and their com- power of communities to trans- munities, not from within form lives and neighborhoods “To be part of an organization that the courtroom. through direct action. Another major highlight was helping or- allowed me to work with non-lawyers My time with PNOL con- ganize PNOL’s fourth annual stantly reminded me why I foreclosure conference earlier and non-students to push forward a came to law school and re- this year. We drew 250 lawyers, doubled my commitment to community organizers, profes- grassroots model for systemic change working in the public inter- sors, and others from over elev- has been a tremendous privilege.” est. To be part of an organi- en states to talk about the cur- zation that allowed me to rent state of the foreclosure cri- work with non-lawyers and sis, including the new dilemmas we are seeing on the ground non-students to push forward a grassroots model for system- and the solutions needed to address them. ic change has been a tremendous privilege. Though of course I wish that foreclosure and displacement would stop plagu- The most important thing about PNOL for me has been the ing the communities I care about, I hope that organizations people. Canvassing with PNOL allowed me to work with like PNOL continue to bring people from various back- amazing students whose commitment to social justice has grounds together to make those communities healthier, hap- been incredibly inspirational – people like my Co-President pier, and stronger. Tyler Anderson, whose thoughtfulness and diligence kept the CLINICAL AND PRO BONO PROGRAMS PAGE 5

CYBERLAW CLINIC VIA HLS NEWS School network consortium partners with Cyberlaw Clinic to create privacy toolkit for school systems the core issues and current practices related to the handling of student information in the cloud.

A guide (downloadable from SSRN here) was finalized and published in November and aims to offer schools, parents, and students alike a sense of some of the laws that may apply as schools begin to use cloud computing tools to help educate students. The document is not intended to provide a comprehensive summary of these statutes, nor privacy law in general, and it is not a substitute for specific legal advice. Rather, this guide highlights key provisions in these statutes and maps the legal and regulatory landscape. With the help of the Cyberlaw Clinic, the Consortium of School Networks (“CoSN”) has released the Protecting CoSN has now launched the Protecting Student Privacy in Privacy in Connected Learning Toolkit. The toolkit, issued Connected Learning toolkit as a step-by-step guide to navi- in March as part of CoSN’s new Protecting Privacy in gating the complexity of the Family Education Rights and Connected Learning initiative, provides an in-depth, step-by Privacy Act (FERPA) and Children’s Online Privacy Protec- -step privacy guide to help school system leaders navigate tion Act (COPPA) and related privacy issues. The toolkit is complex federal laws and related issues. organized as a flowchart, and addresses FERPA and COPPA compliance issues as well as smart, suggested practices that Privacy law in the United States is a complicated patchwork go beyond compliance. The toolkit also includes helpful of state and federal case law and statutes, and one of the definitions, checklists, examples, and key questions to ask. biggest issues for schools has been finding a way to protect student privacy and data with the new technological The Berkman Center for Internet & Society’s Student advances. CoSN, a professional association for schools Privacy Initiative, led by Executive Director Urs Gasser, system technology leaders, aims to empower educational explores the opportunities and challenges that may arise as leaders to leverage technology to realize engaging learning educational institutions consider adopting cloud computing environments. technologies. In its work across three overlapping clusters— Privacy Expectations & Attitudes, School Practices & In April 2013, the Berkman Center for Internet & Society Policies, and Law & Policy—this initiative aims to engage partnered with Microsoft and prepared a briefing document diverse stakeholder groups from government, educational in advance of the Student Privacy Initiative’s workshop, institutions, academia, and business, among others, develop “Student Privacy in the Cloud Computing Ecosystem.” This shared good practices that promote positive educational event brought together leading experts from government, outcomes, harness technological and pedagogical educational institutions, academia, and business to discuss innovations, and protect critical values. Cyberlaw Clinic Filed Amicus Brief in Commonwealth v. Augustine VIA CYBERLAW CLINIC The Cyberlaw Clinic filed an amicus brief on behalf of the Cyberlaw argued that the protections of the US and Massachusetts Electronic Frontier Foundation in the Supreme Judicial Court of Constitutions prohibit law enforcement from warrantlessly poring Massachusetts. The case is Commonwealth v. Augustine, and the over such records of people’s movements. Law enforcement issue is whether law enforcement officers can obtain someone’s officers must demonstrate probable cause to a neutral member of cell phone location data without first obtaining a warrant. the judicial branch and act according to a valid warrant before such intense intrusion into people’s privacy is appropriate. Modern cell phone services make detailed records of a phone Without demonstrating reason to believe that a crime has occurred user’s travels, which are highly sought-after by law enforcement and that the privacy intrusion is likely to provide specified because they provide the unprecedented ability to retroactively information relating to the crime, the government has not met its determine where a phone user was, and when. This typically burden, and traditional legal safeguards against overzealous or reveals information about a person’s friendships, religious abusive investigations prevent it from intruding on the privacy of preferences, shopping and eating habits, hobbies, and participation the individual in question. in community activities, as well as whether they were near any crime scenes. LEARNING THE LAW | SERVING THE WORLD PAGE 6

SEMESTER IN WASHINGTON Our Semester in Washington By Jonathan Wroblewski, Clinic Director

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

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

WILMERHALE LEGAL SERVICES CENTER VETERANS LAW CLINIC United States Court of Appeals for Veterans Claims comes to Harvard Law School By Sarah Flowers, J.D. ’13

For the first time in its history, Harvard Law School hosted the a decision at the agency level. When a veteran chooses to U.S. Court of Appeals for Veterans’ Claims (CAVC). The appeal the final agency determination issued by the BVA, he or CAVC is a court of national jurisdiction based in Washington, she is bringing a legal action against the Secretary of Veterans D.C., with authority to sit anywhere in the United States. Affairs. The Court—either as a single judge, a three-judge Notably, this morning’s oral argu- panel, or sitting en banc—reviews the BVA ment in the Ames Courtroom repre- decision, the written record, the briefs of the sents one of only two instances in the parties. Occasionally the Court will allow (or Court’s history that law students have require) oral argument for cases which pre- presented oral argument to the Court. sent novel questions on potentially preceden- Harvard Law students tial issues. Brad Hinshelwood, J.D. ’14 and Christopher Melendez, J.D. ’15— HLS students advocated on behalf of participants in the HLS Veterans Le- Lieutenant Colonel (LTC) Ausmer on the gal Clinic—presented oral argument question of whether LTC Ausmer (the appel- on behalf of client Lieutenant Colo- lant), who was serving in Afghanistan when nel William Ausmer in the case Aus- the Board of Veteran’s Appeals (Board) mer v. Shinseki. HLS Juan mailed notice of its decision to his home Arguello, J.D. ’14 is also on the Aus- address stateside, is entitled to statutory and mer legal team, as were Abigail equitable tolling of the 120-day period to file Dwyer Matltz, J.D. ’14 and Mi- a Notice of Appeal at the U.S. Court of chael Lieberman ’13 during the Appeals for Veterans Claim. The HLS prior semester’s Veterans Legal L-R: Christopher Melendez (2L), Brad Hinshelwood (3L), students also argued that tolling isn’t Clinic. Juan Arguello (2L) required at all if the Court finds that VA provided inadequate notice to LTC Importantly, the Court of Appeals Ausmer of his procedural rights and/or for Veterans Claims is not part of improper notice of the underlying deci- the Department of Veterans Affairs sion. The Board of Veterans’ Appeals or the Veterans Administration denied LTC Ausmer’s claim for disability (VA). Rather, the Court was creat- benefits for an injury to his lower extrem- ed in 1988 to provide independent ities, but the decision was handed down judicial review of final decisions while he was serving in Afghanistan, and given by Veterans Law Judges on he was unable to pursue his right to ap- the Board of Veterans’ Appeals peal until after he returned from his de- (BVA). BVA decisions represent ployment and readjusted to civilian life— final determinations at the agency after the appeal deadline has passed. level. These agency determinations were not subject to independent At the conclusion of oral argument—with judicial review before the creation L-R: Brad Hinshelwood (3L), Juan Arguello (2L), Dean the Court in recess—the three CAVC of the CAVC in 1988, as VA had Martha Minow, Chief Judge Bruce E. Kasold, Christopher judges returned to Ames Courtroom to heretofore operated virtually free Melendez (2L), Judge Mary J. Schoelen, and Judge Wil- participate in a lively question & answer of judicial oversight. liam S. Greenberg session with event attendees. The judges were able to field many interesting At the agency level, up until questions concerning the Court’s DECISION a case is appealed to the approach to the unique issues fac- CAVC, proceedings are not On December 19th, 2013 the U.S. Court of Appeals for Veterans’ ing veterans. In conclusion, the adversarial in nature. Claims ruled that Lieutenant Colonel Wilson J. Ausmer, Jr., a judges expressed enthusiasm to- Indeed, the VA has a “duty ward further development of clin- highly decorated veteran, should be able to file an appeal. The to assist” each veteran filing ics and pro bono practices which a new claim and appealing decision effectively allows thousands of recently discharged serve the needs of our country’s veterans whose ability to file an appeal is “materially affected” by service men and women. their service, a full 210 days from the date of discharge to appeal adverse decisions.

LEARNING THE LAW | SERVING THE WORLD PAGE 8

FAMILY AND DOMESTIC VIOLENCE LAW CLINIC Clinic Student Advocates for Survivor of Domestic Violence By Akhila Kolisetty, J.D. ’15 As I sat in the courtroom with my client, waiting for the judge to call us abuse. Prior to law school, I had volunteered as an advocate providing for a pre-trial hearing, we saw my client’s abusive husband enter the peer support to immigrant survivors of violence but often felt that I room. Immediately, she became nervous and tense. In that moment – as lacked the capacity to fully advocate for them. The Family and Domestic she started tearing up and remembering the past abuse he had put her Violence Law Clinic helped me pair empathy with crucial skills in nego- through – I saw the impact that a lawyer tiation, oral advocacy and legal writing, and advocate can make in the lives of to be a much stronger advocate for cli- survivors of domestic violence. I lis- ents. I not only learned to represent cli- tened to my client’s needs, reassured her ents in pre-trial hearings, but also con- that she would be safe, and that we ducted discovery, helped clients file for would achieve the best possible outcome divorce, and advised them on their op- in her divorce case. tions. Throughout this process, I received helpful feedback that concretely im- A few minutes after this conversation, I proved my skills. had the chance to present the key issues in the case before a family court judge. Many survivors of domestic violence are In my opening statement, I detailed the immigrants and low-income; they have history of abuse my client had gone difficulty navigating the court system through. I explained why she deserved and lack the finances to hire a lawyer. custody of her children, why she should Furthermore, abusers often appear confi- reside in the marital home, and receive dent in court, while survivors of abuse child support. Through discovery, I had feel intimidated when required to speak gathered evidence of a substantial sum of money that my Akhila Kolisetty, J.D. ’15 in court alongside their abusive partners. Lawyers in fami- client should have received during the marriage, so I also ly law cases can help survivors of abuse advocate for argued why she deserved a portion of those assets. The judge was sym- themselves and ensure that they obtain the financial resources and the pathetic to our requests and gave us more time to collect critical evidence independence they need in order to move forward and thrive. Lawyers needed before a trial. I left feeling that the case would have a positive can also simply listen to difficult stories, acknowledge past abuse, and outcome, and my client left feeling a sense of hope for the future. serve as a support system.

The experience of representing low-income survivors of domestic vio- The Family and Domestic Violence Law Clinic helped me develop vital lence was an incredible one. I had come to law school with a deep inter- skills needed to become such a lawyer and advocate, while also provid- est in improving my ability to advocate for survivors of domestic ing a needed service to a vulnerable population. I cannot think of a better experience to have as a law student.

POST-FORECLOSURE EVICTION DEFENSE / HOUSING LAW CLINIC By K-Sue Park, J.D. ’15

Less than 7 percent of tenants facing evictions have representation in Boston moves in favor of the non-traditional tenant: it considers occupants of a prop- Housing Court, in which around 5000 summary process cases are brought erty owned by another, who agrees to their occupation and benefits as a result annually. My experience representing one elderly couple, who were the vic- in a way that he would not otherwise have benefited, to be tenants. Fannie tims of a foreclosure rescue scam, showed me plainly that legal representation Mae therefore mistakenly evicted them as homeowners, and failed to observe makes all the difference for families and individuals facing eviction, and that the procedural rights to which they were entitled as tenants. The judge agreed the foreclosure crisis has also been a crisis in access to legal services. with me, and as a result, the summary process case against them was dis- missed. My clients were an elderly immigrant couple from the British Isles, who at the time of foreclosure, had lived in their house for more than forty years. From the beginning of my work on this case, I felt strongly about advocating They had fallen into financial difficulties with a bank loan at the very begin- for the elderly couple. However, I did not understand just how defenseless ning of the national foreclosure crisis, in 2007. They were desperate for help, they were until the day of the hearing. First, we picked them up to bring them and fell prey to a foreclosure rescue scam artist who, unknown to them, had to the courthouse since they likely would not have made it there on their own. previously been convicted for defrauding single mothers of their welfare They are in their seventies and eighties, not very mobile, and one of them had checks in the same neighborhood. Through him, third parties took out a new a major stroke since the action was brought against them. Secondly, once at mortgage on their house. Then, he disappeared with the money and the bank the courthouse, one of them became visibly anxious and afraid. When I tried foreclosed on the house. Finally, Fannie Mae purchased the house at auction to review the questions that we had already prepared for direct examination, while the elderly couple faced eviction. Subsequently, the Legal Services she could barely speak, her eyes watered, and she held her stomach because Center sued the scam artist and his team, and took on the couple’s defense in she was nervous. Seeing this, the judge did not force them to the stand. I was the summary process case. glad, but also felt keenly aware that not all judges are so kind, and also, of how easily others in their situation might miss their court appearances alto- In late February, on their behalf, I argued that Fannie Mae’s Notice to Quit gether, resulting in a default judgment for the other side. Under these circum- had been improperly served since our clients were better understood as ten- stances, it felt natural and necessary to speak up for them, and to put the train- ants than homeowners at the time of the foreclosure. Massachusetts law ing I have received in law school to exactly the use for which it was meant. CLINICAL AND PRO BONO PROGRAMS PAGE 9

EDUCATION LAW CLINIC / TRAUMA AND LEARNING POLICY INITIATIVE Celebrating the Release of the Trauma and Learning Policy Initiative’s Second Book Written by Clinic Students On November 14, 2013 the professors and students from of T.L.P.I. and Brockton’s efforts aimed at creating trauma- the Education Law Clinic sensitive schools, and empha- traveled to Brockton, MA to sized the need for broader celebrate the release of the support and connectivity Trauma and Learning Policy among education profession- Initiative’s (T.L.P.I.) second als. book, Helping Traumatized Children Learn Volume 2: The energy in the room was Creating and Advocating for palpable as Joel Ristuccia and Trauma-Sensitive Schools. Professor Michael Gregory, T.L.P.I. is a partnership be- two of the book’s co-authors, tween HLS and Massachu- revealed T.L.P.I.’s new setts Advocates for Children website, which includes a (MAC) that focuses on the wealth of information on trau- need to address trauma in ma, an online bookstore, and schools and the impact it can a forum designed to create a have on student learn- nationwide dynamic trauma- ing. T.L.P.I. uses its policy sensitive learning community work, advocacy, and direct L to R: Michael Gregory (Assistant Clinical Professor), Sonya Ho (3L), focused on making schools legal services to help trau- Niousha Rahbar, Spencer Churchill, Leanne Gaffney, Kate Bargerhuff, safe and supportive. matized children succeed in Amanda Savage, Seth Packrone, Susan Cole (Clinical Director) school. Meanwhile, for the student attorneys at the Education Law Clinic, the book Attendees at the release celebrated the success launch was a break from advocating for appro- of Mary E. Baker Elementary School, a trau- priate educational services for individual stu- ma-sensitive school, and the Brockton com- dents in Massachusetts who have had traumatic munity, and featured different stakeholders experiences, and an opportunity to share in the involved in education policy and reform, in- excitement of T.L.P.I.’s success and witness the cluding HLS Lecturer on Law and Director of results of advocating at the systemic level. Anne T.L.P.I. Susan Cole, Principal Ryan Powers of Eisner, one of the book’s co-authors and the the Mary E. Baker Elementary School, and Deputy Director of T.L.P.I., played a large role Matthew Malone, Massachusetts Secretary of in orchestrating the entire event. Overall, the Education. Both the educators and legislators evening was an exciting new step in creating in attendance highlighted the achievements awareness for schools’ mandate to create a more supportive environment to meet the whole needs of the child.

VIA HARVARD IMMIGRATION AND REFUGEE CLINIC WEBSITE

HARVARD IMMIGRATION AND REFUGEE CLINIC HIRC co-writes Amicus Brief on Gang-Based Asylum Case The case of Jose Fuentes-Colocho highlights the complexities of amicus brief arguing that MS-13 is a political entity and that Jose cases involving youth fleeing gang violence. Fuentes-Colocho Fuentes-Colocho’s opposition to MS-13 constitutes political sought refuge from El Salvador as a teenager after being repeat- opinion. Professor Anker believes Jose’s political opinion is a edly persecuted by Mara Salvatrucha (MS-13). MS-13 is no long- central reason why he was targeted for gang violence. “This is an er just a street gang; it is now the organized insurgency which important case because most of the cases have been argued under destabilizes El Salvador’s political scene. It controls municipali- the social group ground, which hasn’t been successful,” Anker ties and government officials must negotiate with gang members. remarks. “I think political opinion is the way to go in cases like Due to his outspoken opposition to MS-13 as leader of a local this.” Despite Fuentes-Colocho’s credible testimony, the Immi- organization, Jose was beaten unconscious on several occasions gration Judge expressed that Jose could not ‘explain’ how his and was forced to watch MS-13 members rape his female friends. opposition to MS-13 was indeed political in nature. The Judge concluded that he was a victim of mere ‘random acts of vio- Deborah Anker, Nancy Kelly, John Willshire-Carrera, and L. lence’. HIRC is hoping the decision will be overturned. The case Rachel Lerman (Partner at Akin Gump LLP) recently wrote an is currently pending in the Ninth Circuit. LEARNING THE LAW | SERVING THE WORLD PAGE 10

VIA HARVARD IMMIGRATION AND REFUGEE CLINIC WEBSITE THE HARVARD IMMIGRATION AND REFUGEE CLINIC HIRC at GBLS Defends Rights of Local Immigrants John Willshire-Carrera and Nancy Kelly, Co-Managing HIRC at GBLS has represented clients in asylum, Directors of HIRC at GBLS, with their students and withholding and CAT cases, and cases involving other forms colleagues, continue their work on behalf of asylees and of relief at all levels – the Asylum Office, the Immigration immigrants. Rooted in Greater Boston Legal Services Courts, the Board of Immigration Appeals, and the Circuit (GBLS), the largest legal services program in New England, Courts. These cases have often raised cutting-edge issues in the Clinic works “from the bottom up,” representing asylum protection, including domestic violence and other individuals and communities, as well as advocating for law gender-based harm, and harm inflicted based on sexual reform on a broader scale. Over the years, the Clinic has orientation or gender identity, as a basis for asylum, and the responded to numerous important events, including backlash appropriate standard to be applied in evaluating asylum against immigrant communities in the aftermath of 9/11, TPS claims brought by children, including unaccompanied registrations, the 2007 New Bedford factory raid, and the minors. Most recently, the Clinic is representing a number of DACA registration initiative started in 2012. Through this children fleeing gang-related violence in Central America work, HIRC at GBLS strives to teach students how to and indigenous individuals whose claims arise from the provide high-quality legal services to individual clients while genocidal civil war in Guatemala. seeking to change the climate in which cases are adjudicated and targeting issues for broader law reform efforts.

JUDICIAL PROCESS IN COMMUNITY COURTS CLINIC Graduating Students Help Examine the Massachusetts Code of Judicial Conduct By Hon. Judge John C. Cratsley (Rte.)

Stephanie Phillips and Alex “I hope that our research will be of assistance to Ms. Beren- Pepper, two graduating stu- son’s committee reviewing the state’s Code of Judicial Con- dents in Judge Cratsley’s duct. The course, paired with our clinical placements in local “Judicial Process in Com- courts, provided an invaluable learning experience for me,” munity Courts Clinic and said Stephanie. Seminar, have written their seminar papers in associa- Alex, on the other hand, tackled the structure and workings tion with an on-going pro- of state judicial ethics advisory boards which exist through ject of the Supreme Judicial the U.S. Every state now has some type of informal proce- Court examining revisions dure for obtaining ethical advice. Because some committee to the Massachusetts Code of Judicial Conduct. The SJC members have expressed an interest in understanding varia- Committee to Study the Massachusetts Code of Judicial Con- tions among judicial ethics advisory boards, Alex’s paper duct is chaired by the Honorable Cynthia Cohen, HLS ’75, of examined the size of such committees, their rules, their com- the Appeals Court and staffed by Senior Attorney Barbara position and their source of authority ending with “Lessons Berenson, HLS ’84. for Massachusetts”.

Graduating students Stephanie Phillips and Alex Pepper “The opportunity to research questions of current relevance worked with Barbara Berenson to select paper topics that while having access to those most interested in the material is matched issues of interest to the committee’s work. As a wonderful. It made my research more interesting to conduct result, Stephanie wrote about the ethical issues for judges and, I hope, more useful in results,” said Alex. when they receive free or discounted legal services for de- fending themselves before the Commission on Judicial Con- "Having thoughtful law stu- duct (JNC). This issue recently came into the public spotlight dents drill down into complex after the Boston Globe revealed that a judge, accused before issues is very helpful," said the JNC of systemic bias against the Commonwealth in crim- Berenson. "I am very grateful to inal cases, disclosed that a law firm had provided him with Judge Cratsley and his students pro bono legal services for his ultimately successful defense. for their willingness to engage Stephanie explored the multiple issues of judicial ethics in- with these important topics." volved as well as a variety of solutions found in other states, such as full disclosure, gift limits, and state reimbursement for accused judges. Stephanie Phillips , J.D. ’14 CLINICAL AND PRO BONO PROGRAMS PAGE 11

GOVERNMENT LAWYER: STATE ATTORNEY GENERAL CLINIC VIA THE HARVARD LAW BULLETIN Going National: Clinic places students in AGs’ offices across the country

informing him that he could work in an AG’s office over win- ter term. Tierney had just expanded enrollment in the clinic by using winter term to send HLS students to work in AG’s offic- es across the country. Tierney, a nationally renowned expert on the role of state attorneys general and director of the Na- tional State Attorneys General Program at Columbia Law School, called on his extensive professional network to place 10 additional HLS students in AG’s offices in California, Illi- nois, Colorado, Maryland, New Mexico, New York and Rhode Island.

Gendall, who grew up in Beverly on Boston’s North Shore, wanted to go somewhere he’d never been, and Tirney suggest- ed he work for New Mexico’s top lawyer, Gary K. King, in Mike Gendall, J.D. ’14 Santa Fe. In a small state with a small AG staff, Gendall found himself with significant responsibility from the moment he Human Trafficking. Cybercrime. Consumer protection. Public arrived and spent his three weeks researching and writing an integrity. With broad constitutional and statutory jurisdiction, appellate brief in a criminal case. “It was the first time in my state attorneys general handle all these matters and more, often legal career I was entrusted with that much independence and in high-impact litigation. Given this variety of opportunities it responsibility, and I welcomed it,” he says. provides, Harvard Law School’s Attorneys General Clinic, taught by former Maine AG, James E. Tierney, has been one Jordan Grossman, ’14, who worked for former U.S. Secre- of the most popular in the clinical program since it was insti- tary of Homeland Security Janet Napolitano before matriculat- tuted in 2011, with placements in the office of Massachusetts ing at HLS, signed up for the clinic in search of state govern- AG Martha Coakley. ment experience. When he learned of the winter term option, Grossman told Tierney he hoped to return to his home state of Coakley has been extremely supportive of the clinic – and is a Maryland, and Tierney helped place him at the office of AG guest lecturer in the related classroom course each spring – but Doug Gansler. There, Grossman was exposed to a variety of her office can only accept just six HLS students each semes- high-level cases, including litigation between the University of ter. In the past, that has meant a waiting list for many students. Maryland and the Atlantic Coast Conference, and a controver- sial ballot initiative to expand gambling in the state. “I was That changed changed last year. Mike Gendall ’14 was on the surprised at how substantive and valuable it felt in such a short waiting list until he received an email from Tierney last fall period of time,” says Grossman. “If you’re willing to jump in and get involved right away, it can be very rewarding. EMMETT ENVIRONMENTAL LAW AND POLICY CLINIC VIA HLS NEWS Margaret Holden ’14 – came to HLS to study environmental law and — they’ve really helped me to do every- jumped right in as a 1L, joining Richard Lazarus’ reading group on the thing I’ve wanted to do. Working at DOJ Deepwater Horizon oil spill and both the Environmental Law Society and NRDC were my dream summer (ELS) and the Environmental Law Review (ELR). The summer after her internships, and the faculty recommenda- 1L year, she worked at the Department of Justice in Washington, D.C. tions and experience I’ve had with ELP in the Environmental Crimes Section. As a 2L, she was elected co- definitely enabled me to get them.” president of the ELS, served as a research assistant for both Lazarus and Kate Konschnik, director of the ELP Policy Initiative, and during J- “One of the projects that I worked on for term, worked on a fracking project in the clinic. That summer she the clinic evaluated whether FracFocus, a worked at the D.C. office of the Natural Resources Defense Council. As voluntary chemical disclosure registry for a 3L, she enrolled again in the clinic and was elected Editor-in-Chief of fracking projects, was an adequate regula- the Environmental Law Review. Holden traveled to India this past J- tory tool. We found major shortcomings term to research a paper on the solar industry. Next year, she will be with the registry, and published a report clerking for the D.C. Court of Appeals, then working in environmental containing our findings that was distribut- Credit: Heratch Photography policy with a focus on climate and energy issues. ed to relevant stakeholders and picked up Margaret Holden, J.D. ’14 in several media outlets.” Says Holden: “In terms of support, it’s been incredible. The clinic and classes are really great, and the faculty are so supportive and connected

LEARNING THE LAW | SERVING THE WORLD PAGE 12

VIA INTERNATIONAL HUMAN RIGHTS CLINIC WEBSITE INTERNATIONAL HUMAN RIGHTS CLINIC Clinical Team Effort Yields Courtroom Win for Bolivian Human Rights Plaintiffs (Cambridge, MA) – Today (May 21, 2014), U.S. District Judge James Rejecting Defendants’ motion to dismiss in part, Judge Cohn held that Cohn issued orders allowing the human rights claims of eight Bolivian the Plaintiffs could assert claims under the Torture Victim Protection residents to proceed against former Bolivian President Gonzalo Sánchez Act (TVPA) because “it does not appear that Bolivia de Lozada and former Defense Min- ister Jose Carlos Sánchez Berzaí will have the opportunity to specifi- (“Defendants”), both of whom have cally redress Defendants’ alleged lived in the United States for more human rights violations within its than a decade. The Clinic, working own judicial system anytime soon, if in coalition with human rights law- at all.” In response to Defendants’ yers from the Center for Constitu- arguments that humanitarian pay- tional Rights and pro bono counsel at ments made to Plaintiffs by the Boliv- Akin Gump, represents the Bolivian ian government precluded claims plaintiffs who have been seeking to against them, the court further held hold the Defendants liable for their that “it would be absurd to conclude roles in the 2003 military killings that Defendants could avoid liability that claimed the lives of eight of their relatives: fathers, wives, husbands, for their alleged wrongs merely because the Bolivian government saw fit sisters and daughters, as well as an unborn child. to render some humanitarian assistance to Plaintiffs.”

Judge Cohn found that Plaintiffs had sufficiently alleged facts that The court granted Defendants’ motion to dismiss claims asserted under “plausibly suggest that these killings were deliberate” and further found the Alien Tort Statute (ATS), finding that the claims alleged in the com- that the Plaintiffs’ complaint adequately alleged that Defendants were plaint were not sufficiently connected to the United States, as they oc- responsible for the killings under the doctrine of command responsibil- curred entirely in Bolivia. Plaintiffs’ case had previously been ordered ity. Specifically, Judge Cohn found that Plaintiffs had sufficiently al- dismissed by the United States Court of Appeals for the 11th Circuit in leged that: 2011. The amended complaint that was the subject of Judge Cohn’s order was filed in 2013.  even before taking office, Defendants had planned to use lethal force to quell political disturbances In the proceedings before Judge Cohn, Paintiffs were represented by a legal team including Beth Stephens and Judith Chomsky, working with  Plaintiffs’ relatives were killed as a result of that plan the Center for Constitutional Rights; Tyler Giannini, Susan Farbstein and Thomas Becker, affiliated with the Harvard Law School Internation- al Human Rights Clinic; David Rudovsky of Kairys, Rudovsky, Messing  Defendants had failed to prevent killings by the military under their & Feinberg, LLP; and Steven Schulman, Michael Small, Jeremy Bol- command linger and Jonathan Slowik of Akin Gump. HLS clinical students Betsy Boutelle, JD ’14, Avery Halfon, JD ’15, Lynnette Miner, JD ’14, Ariel Nelson, JD ’15, and Oded Oren, JD ’15, have also contributed countless hours to the case over the past year. VIA INTERNATIONAL HUMAN RIGHTS CLINIC WEBSITE INTERNATIONAL HUMAN RIGHTS CLINIC Released in Geneva: “Advancing the Debate on Killer Robots” By Joseph Klingler, J.D. ’14 In Geneva today (May 14, 2014), the Clinic and Human Rights Watch Weapons, a treaty that governs problematic weapons. Two clinical released the latest in a series of students, Evelyn Kachaje, JD ’15, and publications calling for a preemptive ban Joseph Klingler, JD ’14, who along with on the development, production, and use Yukti Choudhary, LLM ’14 helped Senior of fully autonomous weapons. The weap- Clinical Instructor Bonnie Docherty draft the ons also called “killer robots” would be paper, are attending the talks. The Clinic is capable of selecting and firing upon tar- working with the Campaign to Stop Killer gets without any meaningful human con- Robots, a coalition of nongovernmental organi- trol. zations, to increase momentum towards an eventual treaty banning fully autonomous The joint paper, entitled “Advancing the weapons. Debate on Killer Robots,” systematically rebuts 12 arguments that have been raised On Monday, before the conference began, the by critics of a ban. Its release coincides Clinic and Human Rights Watch released with a major international disarmament “Shaking the Foundations: The Human Rights conference dedicated to fully autonomous weapons, being held at the Implications of Killer Robots.” The report found that fully autonomous UN in Geneva this week. More than 400 delegates from government, weapons threaten fundamental human rights and principles: the right to international organizations, and civil society have gathered to discuss life, the right to a remedy, and the principle of dignity. the weapons under the framework of the Convention on Conventional CLINICAL AND PRO BONO PROGRAMS PAGE 13

TRANSACTIONAL LAW CLINICS VIA HLS NEWS Condo Confidential

In his first two semesters in TLC, community programs at Urban Edge, a Joshua Wackerly ’14 encountered local community development corpora- three low- to middle-income tion. After consulting with colleagues clients with a similar problem: and with the city’s Department of They were living in affordable Neighborhood Development, Credle condominiums and wanted to sell suggested the idea of a manual for their units and move—but they condo owners explaining their rights couldn’t. Their condo associations and responsibilities. Wackerly led a were dysfunctional, and banks and team of two other students, Faith buyers wouldn’t touch the Alexander ’14 and Sarah Weiner ’15, properties. to create the manual.

“After researching the problem Among the major groups that assisted and speaking with a few different with the manual’s development is the people involved in affordable Citizens’ Housing and Planning Asso- housing, it became apparent that ciation. Karen Wiener, the this is a very common problem in organization’s deputy director, says, Boston,” Wackerly says. “The students are helping us to see what are the bigger issues that can be It was an issue tailor-made for the addressed more globally.” She TLC’s Community Enterprise continues, “Particularly for a nonprofit Project, which encourages organization like ours, where we’re Credit: Bob O’Connor students to identify community always trying to do too much without needs that emerge from their rep- Joshua Wackerly ’14, Faith Alexander ’14 have enough staff and enough resources, it’s resentation of individuals or created a manual for condo owners explaining just wonderful that this kind of interactions with local organiza- their rights and responsibilities. resource exists.” tions, and devise broad-based strategies for addressing them. “The students are helping us to see what The manual is available online, and Wackerly’s team has distributed Seventy-nine percent of Boston’s are the bigger issues that can be addressed printed copies to area housing 7,400 residential condo associa- more globally. Particularly for a nonprofit organizations. In April they presented tions are tiny—fewer than five organization like ours, where we’re always a class, with CHAPA and the units—and many are too often trying to do too much without enough staff Department of Neighborhood run at low levels of professional- Development, at a public library and enough resources, it’s just ism that can result in underin- branch in Dorchester. sured properties, poor conflict wonderful that this kind of resource exists.” resolution, and inadequate re- - Karen Wiener, Deputy Director As Wackerly prepares to graduate this serves, causing banks and buyers Citizens’ Housing and Planning Association year, he hopes to set the stage for to shy away from their properties. future action on the Healthy Condos With condos making up about 21 Project by proposing a project for es- percent of Boston’s housing stock, a wide- tablishing accessible alternative dispute resolu- spread logjam on condo sales can drag on tion the economy. For individual owners with mechanisms for condo owners. “My hope is that assets tied up in their condos, the results our team will have some time to start can be devastating. researching and drafting these proposals so that students next semester can pick up where we To see how TLC might help, Wackerly left off,” he says. reached out to Bob Credle, director of Credit: Ethan Thomas Sarah Weiner, J.D. ’15 LEARNING THE LAW | SERVING THE WORLD PAGE 14

LL.M. Student Reflects on his Work in Palestine

After having taken Prof. Robert Mnookin’s I was struck by the similarity of Bedouin INDEPENDENT CLINICAL reading group on the barriers to resolution in experiences in the West Bank. They were all PROGRAM the Israeli-Palestinian conflict, I was eager refugees from the Negev desert, they all to get exposed to the complex legal and faced demolition and eviction orders from The Independent Clinical policy issues of this struggle in the real the Israeli Civil Administration, and they all Program offers students world. I wanted to take the opportunity lived in subhuman conditions with no access interested in a field of law afforded by the Independ- to water, electricity or not covered by the clinical ent Clinical Program to education and health program the opportunity get involved in the de- services. I was able to to develop their own fence of Palestinians’ hu- witness that, in Area C of clinical projects around man rights in the occupied the West Bank, Israel’s the United States and the Palestinian territories. restrictive planning poli- world. cies basically deny Bedou- Last Winter Term approx- With the help of the in peoples the right to imately 100 Harvard Law Harvard Human Rights build tents, erect infra- School students traveled Program, I got involved in structures such as schools, to over 45 international a project of the Hu- or to graze their livestock. cities to pursue clinical man Rights Clinic of Al- As Israel is planning to projects that ranged from Quds University in Abu establish a contiguous examining transitional Dis. The Clinic asked me bloc of settlements be- justice issues for the ABA to prepare a comprehen- tween Ma’ale Adumim Rule of Law Initiative in sive report on the forced and Jerusalem as part of Mali to developing case displacement of Bedouin the E1 plan and to expand studies for the Arts Law communities living in the other settlements in Area Center in Australia. East Jerusalem periphery. C of the West Bank, Bed- Within the United States, In order for me to identify ouin peoples are again at students traveled to 30 legal arguments on both grave risk of forced evic- cities to practice with gov- sides of the conflict, and tion and centralization in ernment offices such as to find gaps in knowledge planned townships. the United States Attor- about the legal aspects of ney’s Office, Senate Judi- the topic, I met in Pales- Samuel Cogolati, LL.M. ’14 My time in Palestine was ciary Committee, and or- tine with very inter- really formative and ganizations such as the esting lawyers at vari- “My hope is that my legal skills eye-opening. I will Equal Justice Center, ous organizations keep in touch with the Louisiana Legal Services, such as B’Tselem, Al acquired during my time at Clinic in the next United Nations Develop- -Haq, and the United months to help them ment Programme and the Nations Work and Harvard Law School can develop new legal argu- American Civil Liberties Relief Agency for contribute to the furtherance of ments against forced Union. Palestinian Refugees eviction of Bedouin (UNRWA). human rights and humanitarian families around Jerusa- lem. My hope is that The Clinic also advocacy in the region. “ my legal skills acquired arranged two field during my time at visits for me in Bed- Harvard Law School ouin villages near Abu Dis (where I lived), can contribute to the furtherance of human in the Jordan valley, and in the South Heb- rights and humanitarian advocacy in the re- ron Hills close to the Negev desert. gion.

CLINICAL AND PRO BONO PROGRAMS PAGE 15 STUDENTS REFLECT ON THEIR CLINICAL EDUCATION CRIMMIGRATION CLINIC By Samuel Weiss, J.D. ’14

While the idea of focusing immigration enforcement on folks with criminal convictions has intuitive appeal, in the Crimmigration Clinic we got to see how often good people faced dev- astating consequences for small crimes. The statutes most relevant to crimmigration are ex- tremely punitive, especially to people with drug convictions, and often suck discretion out of the system so that immigration judges are left to rubber stamp removal orders. The poor draft- ing of these statutes makes them confusing but also means that there is room for advocates to be creative in trying to win relief for their clients. The fact that immigrants facing deportation have no right to counsel creates a huge opportunity for students to help people navigate an incredibly complex and punitive system. As an experienced practitioner in exactly these types of cases, Phil Torrey, Clinical Instructor and Lecturer on Law, and was able to closely mentor us as we tried to help clients find some avenue for relief.

Through the Capital Punishment Clinic placement at the Southern Center for Human Rights, I was able to work on cases under the supervision of some of the best capital defense lawyers in the country. I was also given any intern's dream, which is the ability to duck into the office of someone like Carol Steiker and bounce ideas off of her as I performed my work. Both experiences encouraged me to continue on the path of advocating for people caught up in the criminal justice system. I am also certain that both helped convince the ACLU and the Ford Foundation that I had the desire and the skill set to contribute to the complex impact litigation that is the National Prison Project's specialty.

CYBERLAW CLINIC VIA HLS NEWS Rebecca Matte, J.D. ’14 In Rebecca Matte’s first year at HLS, Property with Professor Charles Donahue sparked her fascination with intellectual property (IP) law. “I majored in English in college, and love fic- tion and writing, so this perfectly combined those passions with the law, specifically copy- right law as concerns the arts,” Matte said. She then took many courses with copyright and other intellectual property components, joined the Cyberlaw Clinic, and spent her summer employment in IP transactions and litigation at a New York law firm. When Matte heard about the opportunity for travel during winter term, she immediately saw it as a way to gain even more experience in the IP field.

Matte found a clinical placement in Sydney, Australia, at the Arts Law Centre, a not-for-profit organization providing legal advice, assistance, and advocacy to artists and arts organizations. “IP is becoming more and more international as the growth of the Internet makes borders use- less,” she said. “Working at the Centre let me further develop my understanding of arts law in general and also familiarize myself with another country’s legal system.”

EMMETT ENVIRONMENTAL LAW AND POLICY CLINIC By David Baake, J.D. ’14 My experience with the Environmental Law and Policy Clinic was one of the highlights of my time in law school. I was able to work on a variety of interesting and important projects, including a memorandum for a Massachusetts state representative, a Supreme Court amicus brief, and a white paper on offshore drilling. These experiences allowed me to develop practical skills that were not emphasized in other aspects of the law school curriculum. They also allowed me to develop a relationship with Professor Ja- cobs, who has been an excellent teacher and mentor. LEARNING THE LAW | SERVING THE WORLD PAGE 16

CENTER FOR HEALTH LAW AND POLICY INNOVATION FOOD LAW AND POLICY CLINIC

By Molly Cohen, J.D. ’14 By Erin Schwartz, J.D. ’14

Americans are becoming increasingly aware of the serious problems with our current food system. Not only do we have extremely high rates of obesity and diet-related diseases, we also have millions of Americans who suffer from food insecurity, frequent food-borne illness outbreaks, and many issues surround- ing industrialized agriculture—from environ- mental pollution to antibiotic overuse.

I was drawn to the Harvard Food Law and Policy Clinic because I am extremely inter- ested in how lawyers can create effective laws and policies to strengthen local food I was drawn towards the Food Law systems, thereby increasing access to healthy foods, stimulating community and eco- and Policy Clinic due to an interest nomic development, and promoting sustainable food production and land steward- in policy work and local govern- ship. I wanted to work on state and local issues, and the Clinic offered a number of ment work. The clinic was an projects that allowed me to do just that. My work involved researching ways to use amazing and unique opportunity to law and policy to support local farmers and food entrepreneurs, whether by prefer- do hands-on, practical policy work, encing locally-grown food in state procurement policies; reducing legal barriers to as I helped the City of Boston de- selling locally-raised meat products at farmers’ markets; or creating a guide on the velop guidance for permitting the legal needs of small-scale Massachusetts farmers. urban agriculture program. As part of the project, I interacted with a variety of city agencies, helping to I gained many skills through my experiences in the Clinic. At a basic level, I troubleshoot issues that might arise strengthened my legal research, writing, and analysis. In addition, I developed com- in implementing the ordinance. It munication and interpersonal skills critical to effective policy work through building taught me the difficulties that can relationships with stakeholders, liaising with state officials, and providing workshops arise when a novel policy idea butts to community members. These skills will be essential for my future career, in which I up against a complicated city plan to use legal and policy tools to address critical food issues in the Northeast. bureaucracy.

HEALTH LAW AND POLICY CLINIC JUDICIAL PROCESS IN COMMUNITY COURTS CLINIC

By Ryan Tonkin, J.D. ’14 By Alysa Harder, J.D. ’14 The Health Law and Policy Clinic offers a dynamic, energetic I’ve had the opportunity to work on setting for students to both form and develop their legal inter- challenging research and writing ests. My projects ranged from the post-war districts of Sierra assignments that matter, and to ob- Leone to the innovative mental health courts located across serve and discuss a wide variety of Massachusetts. In between, I worked to incorporate the charita- fascinating high-stakes court pro- ble provision of food and housing into the state and national ceedings, civil and criminal. This policies of non-profit hospitals. Each of these projects cultivat- internship has put so much of what ed my interests in mental health, comparative health law, and I’ve learned in law school into con- the social determinants of health. The clinical staff are talented, text, and has been both very practi- friendly and care deeply about their mission of improving the cal and very intellectually satisfy- health of underserved populations. My time at the clinic has ing. left me well prepared for the challenges of legal practice. Alysa had an externship placement with the Suffolk County Superior Court CLINICAL AND PRO BONO PROGRAMS PAGE 17 EXCELLENCE AWARDS Congratulations Harvard Law School Exemplary Clinical Student Award Winners!

Every year, the Clinical and “The opportunity to learn how to be a better advocate while Pro Bono Programs recognizes simultaneously providing much-needed legal services to individuals graduating students who exem- facing homelessness, violence, and other legal problems was not plify putting theory into prac- only invaluable to me, but also to the greater Boston community.” tice through clinical work. This year’s winners are Lerae Brett has spent several semesters in the Transactional Law Clinics, Kroon ’14 and Brett Heeger as well as being a regular volunteer for the Harvard Immigration ’14. Students have demonstrat- Project. He first enrolled in the Clinic out of an interest in using the ed excellence in representing tools of transactional law to foster economic development in Boston individual clients, undertaking neighborhoods. He initiated meetings with community leaders in group advocacy and policy the areas surrounding Jamaica Plain and soon proved that he had a reform projects. They have knack for the collaborative, project based model of lawyering, and kept with the clinical teaching that the community was hungry for the services. Out of Brett’s model, and shown thoughtful- work, the Community Enterprise Project (CEP) was reborn and now Lerae Kroon, J.D. ’14 ness and compassion in their boasts six students, four ongoing projects and a permanent full-time practice and contributed to the clinics and staff member. To clients, city officials and community leaders, Brett SPOs in a meaningful way. represents the face of CEP and a point of access to legal resources at HLS. His work has furthered meaningful community engagement Lerae has been a student at the Harvard Legal Aid Bureau for the in economic development, has reached into traditionally under- past two years. She has an unwavering commitment to serve Bos- served corners of Boston, and has allowed him to build considerable ton’s low-income communities, and is passionate about using the skill as a community lawyer. law as a tool for social justice. She has developed a deep under- standing of family, housing and wage and hour law. In addition to "My time working with the her own cases, she has served as a mentor for others, stepped in on clients, students, staff, facul- short notice to cover motions and even a very challenging case al- ty, and community partners most on the eve of trial. Although fully prepared for trial, her case I have met through my clini- settled at the last minute and she was really disappointed not to have cal work has been the true the opportunity to cross examine the opposing party! She also man- highlight of my law school aged the communications portfolio at the Bureau, and as a result experience. I am immensely launched a brand new website for the Bureau. Her clinical instruc- grateful for the support, ad- tor, Stephanie Goldenhersh, notes that “Lerae shines, even amongst vice, and partnership that the cream of the crop”. has come from these indi- viduals, and deeply honored “I am so thankful for the clinical opportunities at HLS, and for the to receive this award as a chance to put my legal skills to practice so early on in my career celebration of our work to- with TAP and HLAB,” said Lerae. gether," said Brett. Brett Heeger, J.D. ’14

Kimberly Newberry Wins The Andrew L. Kaufman Pro Bono Service Award

Congratulations to Kimberly Newberry for winning the 2014 Punishment Clinic at the Kentucky Capital Post-Conviction Conflict Andrew L. Kaufman Pro Bono Service Award! During her time at the Unit where she researched a unique 8th Amendment claim and draft- Harvard Law School, she completed 2,329 hours of pro bono service, ed the pleading. Kimberly has also volunteered at Prisoner’s Legal the highest number of pro bono service hours in the 2014 graduating Services in Boston, representing incarcerated individuals in their suits class. against the prisons for civil rights violations. She spent her summers at the Capital Appeals Project in New Orleans and the Southern Cen- Kimberly is truly dedicated to learning how to be a criminal defense ter for Human Rights in Atlanta. lawyer and to advocating for justice in the capital defense system. She started working her 1L year with the Harvard Defenders and One supervisor said, “Kimberly has been the most enjoyable intern I the Prison Legal Assistance Project (PLAP). As a 3L, Kimberly was have ever supervised… Working with her allowed me to look at two the Co-Managing Director of PLAP. She also participated in a spring cases that I’ve been on for years in a new light.” break pro bono trip to the Mississippi Delta where students presented a workshop and drafted a guide on estate planning for small farmers. The Andrew L. Kaufman Pro Bono Service Award is granted each year in honor of Professor Andrew Kaufman who has been Kimberly has done a clinic in every semester possible including instrumental in creating and supporting the Pro Bono Service the Housing Law Clinic and the Criminal Justice Institute. She was Program at HLS. even willing to go to Kentucky in the middle of winter for the Capital LEARNING THE LAW | SERVING THE WORLD PAGE 18 Shaina Wamsley Wins 2014 Law Student Ethics Award

Congratulations to “Shaina … has demonstrated the extraordinary ability required Harvard Law for the honor of this nomination. Shaina has chosen to spend School’s Legal Ser- hundreds of hours over the past 3 years providing direct legal vices Center assistance to the poorest, most marginalized and least able of student Shaina the client populations served through the HLS clinical Wamsley J.D. ’14, programs. … Clinical experience is not only about winning: it who will receive is about a thirst for learning and honing skills; it is about the 2014 Law Stu- developing the capacity for self-reflection; it is about challeng- dent Ethics Award ing perceived notions of how law should and does operate; and, from the Northeast ultimately, it is about taking on the personal challenge of Chapter of the As- growing into an effective, thoughtful and ethical member of the sociation of Corpo- profession. … Her contributions compel this nomination; her rate Counsel! Dan- firm adherence to the quiet, less heroic, everyday practice of iel Nagin and Rog- ethical lawyering across dozens of intakes and cases, her er Bertling of the attention to conflicts of interest, her careful explanation to WilmerHale Legal clients of their and our rights and responsibilities, her Services Center, consistent care with highly confidential medical, personal and and John Fitzpat- legal information, her comprehensive assessments of the broad rick and Sarah range of legal issues presented in each case, her thoughtful Morton of the Har- examination of the social and political contexts implicated, her vard Prison Legal deeply generous mentoring of several rounds of new clinical Assistance Project students and interns, her insightful and constructive critique of jointly nominated systems and practices, and the intelligent compassion she has Shania for the shown to each and every individual she has encountered.” Shaina Wamsley, J.D. ’14 award. Together they write: Jessica Frisina Wins Gary Bellow Public Service Award

Student win- “Jess has made my job very easy”, said Kristin Muñiz, Clinical ner, Jessica Instructor at the Criminal Justice Institute. “She is diligent, Frisina came to compassionate, and fights very hard for her clients. Just re- Harvard Law cently she argued a very difficult Motion to Suppress. She was School with a well prepared and responded to all of the judge’s questions, commitment to including citing to cases that supported her position. The Judge public interest noted that because of her presentation he would take the case but uncertain under advisement and re-read the cases cited before making his about what ar- ruling,” said Kristin. “That’s Jessica in every one of her cases – ea of law inter- her dedication and preparation caused the Judge to pause. With ested her the all of her CJI cases, the ones assigned to her and the additional most. Between ones that she volunteered to take from other students, she im- conversations mediately calls the client, sets up an interview and gets down to with friends work,” she said. and clinical instructors, she The Gary Bellow award was created in 2001, in honor of Pro- came to realize fessor Gary Bellow, a pioneering public interest lawyer, found- David Singleton, ’91, Alum Winner her passion for er and former Faculty Director of Harvard Law School’s Clini- Jessica Frisina, J.D. ’14, Student Winner criminal justice cal Programs. The awards are presented annually by the HLS and started rep- student body to recognize one third-year student and one grad- resenting inmates in disciplinary hearings through the Harvard uate who have demonstrated excellence in public interest work Prison Legal Assistance Project (PLAP). Jessica spent her 2L and a strong commitment to social justice. summer at the juvenile Public Defender’s office in New Orle- ans and then went on to the Criminal Justice Institute to repre- sent clients in criminal and juvenile court. LEARNING THE LAW | SERVING THE WORLD PAGE 19

Congratulations Weiler Award Recipients! On February 21st, four Harvard Law School students the Harvard Crimson men’s hockey team as part of were honored with the Weiler Awards presented at the Sports Law Clinic was a highlight of my time at the Committee on Sports and Entertainment Law’s HLS. The clinic was a great combination of work and 2014 Symposium. The Awards are presented annual- play as it allowed me to connect my classroom train- ly to eligible students who have participated in the ing and legal skills with one of my favorite past- HLS Sports and Entertainment Law Courses, in times, hockey, through close examination of current the Committee on Sports and Entertainment Law and amateurism and eligibility issues of college sports. the Journal on Sports and Entertainment Law activi- Professor Weiler and his family, Professor Carfagna, ties, as well as clinical placements through the Sport and all the incredible HLS Alums who contributed to Law Clinic. 3L winners were Daniel Loveland, Dan- endow these awards are the heroes here; their support iel McMann, and Russell Yavner. for the study of sport law and the students of Harvard Law School cannot be thanked enough.” “It is a fantastic opportunity that we have at Harvard - Daniel McMann, J.D. ’14 David Loveland, J.D. ’14 to dive into the Sports industry through both course and clinical work. I was able to benefit from Profes- “I am grateful to Professor Carfagna for his guidance, sor Carfagna and Professor Weiler’s dedication to encouragement and friendship. I have been very for- students in creating such a tremendous program.” tunate to participate extensively in HLS’s Sports Law - Daniel Loveland, J.D. ’14 Clinic, where I have worked with attorneys who are a true all-star legal team and who have taught me how “I am honored and humbled by this award and by the to negotiate a deal, draft a contract and litigate a nomination from Professor Paul Weiler and Professor claim.” - Russell Yavner, J.D. ’14 Peter Carfagna. Working with Coach Jerry Forton of The forth winner was Michael McGregor (2L).

Daniel McMann, J.D. ’14 VIA THE INTERNATIONAL HUMAN RIGHTS CLINIC Class of 2014 Chooses Tyler Giannini for its Teaching Excellence Award “Tyler is a rare find, a triple threat: an advocate-teacher-scholar who embraces all these roles and finds in them a harmony that is truly a joy to witness and learn from. Anyone who works with him can sense the passion that he brings to work. It is evident in the emotion, care, and impeccable commitment to quality that he invests into everything he produces, from U.S. Supreme Court briefs to course syllabi to student role-plays. Tyler works this way because he cares deeply about teaching his students to be thoughtful and effective human rights practitioners, and because he believes so strongly in the value of the work that he does each and every day. “ Russell Yavner, J.D. ’14

HARVARD DEFENDERS Congratulations to our Friend and Colleague John Salsberg on his Clarence Gideon Award!

John Salsberg was hon- As a teacher and public defender, John Salsberg has always ored with the Clarence worked tirelessly to ensure justice and due process for those Gideon Award. Pre- accused of crime. His influence is far reaching – in addition to sented from time to representing clients and his work with Suffolk Lawyers for time by the Massachu- Justice, the bar associations and the courts, he has been the setts Association of Clinical Supervising Attorney for Harvard Defenders since 1985 Criminal Defense Law- where he has trained more than 1,000 Harvard Law School yers, the award recog- students to become thoughtful, zealous, ethical, and competent nizes champions of the lawyers. The award is a testament to his dedication, incredible noblest principle that teaching and mentorship over the years. all persons shall stand equal before the law.

Congratulations Class of 2014!