April, 2014 | Issue IV
Newsletter Clinical and Pro Bono Programs LEARNING THE LAW | SERVING THE WORLD
IN THIS ISSUE: Center for Health Law & Policy Innovation
Judicial Process in Community Courts Clinic
Law Student Ethics Award
Project No One Leaves
Family and Domestic Violence Law Clinic
Semester in Washington
Gary Bellow Public Service Award
Shareholder Rights Project
Harvard Legal Aid Bureau
Sports Law Clinic
Harvard Immigration & Refugee Clinic
Tenant Advocacy Project
Harvard Negotiation & Mediation Clinical Program Teaching Excellence Award Housing Law Clinic
CLINICAL AND PRO BONO PROGRAMS
HARVARD LEGAL AID BUREAU
HLAB Students Win a Quarter of a Million Dollars By Carolina Kupferman, J.D. ’15 My legs were shaking under me as I stood up in front of the judge to give my opening statement. My speech in front of me, an assortment of possible objections jotted down on post-it notes, and a 3-inch binder of documents I scoured for days were my only available weapons.
office until the early hours of the morning for days in a row looking through documents, searching for inconsistencies, conceptualizing the financial fraud, and picturing every instance of abuse. On the day of trial, we argued that the house and bank account were marital assets and our client deserved 50% of the equity in the house and the 401K, and the money removed from their bank account. I remember the trial as a whirlwind, and found it particularly amusing to sit in class afterwards on lectures of black-letter evidence law that I had learned through my baptism by fire.
After just a few weeks at the Harvard Legal Aid Bureau, I had my first trial. I had only three weeks of Evidence class under my belt, plus one motion hearing I argued in front of a judge. Yet, here I stood, the “first chair” in a divorce case that included issues ranging from financial assets to child custody, visitation, and support. My case involved a woman whose husband had physically and psychologically abused her for the past two decades. He Months later, we received the judgment. As I read through had threatened to kill her, repeatedly slammed her head each paragraph, I could not into a car, stalked her, believe the words on the frequently punched her, and page. My client obtained more. They had moved 60% of her ex-husband’s together into his mother’s 401K from the time of their large Newton home that marriage, 50% of the money was going to one day be taken from the joint bank theirs, and his name had account, a favorable gone on the home along custody/visitation/support with his mother’s. The day arrangement and 50% of the after she moved out of the significant equity in the home to escape the abuse, house. I cannot describe he moved thousands of how wonderful it felt to read dollars from their joint the judgment and then show bank account; weeks later the result to my client. he transferred the home into a trust in solely his Stephanie Goldenhersh, HLAB Clinical Instructor, & Carolina Kupferman It is often very difficult to be mother’s name. My client a student-attorney. When barely had an income, and had to take care of two everyone else has finished class and can relax, you are still children, one with disabilities. thinking about your cases and your clients. The burden rests on your shoulders, and if you mess up, it is In the weeks prior to trial, I worked closely with my someone’s actual life at risk. Now, the husband’s attorney client, hearing the story as she told it, as she had lived it. has filed a Notice of Appeal. HLAB has been retained to Listening to her carefully describe defend the judgment through the each and every attack against her, “… when you see the appellate process. each slandering term he screamed at her, I saw her strength. I saw how she positive results you can Sometimes you wish you did not have had given up everything to make a bring about, the change you that responsibility, but when you see better life for her children, and how can bring to someone’s life, the positive results you can bring her husband was trying to take it all about, the change you can bring to from her. We practiced questioning it makes it all worthwhile” someone’s life, it makes it all her and tried to prepare her for how worthwhile. All the work. All the cross-examination would feel. stress. All the crazy hours. All the practice and preparation. It was all worth it. After she went home, my trial team—which included my 3L co-counsel and my clinical instructor—stayed at the
LEARNING THE LAW | SERVING THE WORLD
TENANT ADVOCACY PROJECT
Student Wins Hearing for Housing Client By Amanda Morejon, J.D. ’16 When I accepted my first case with the Tenant Advocacy Project, it seemed straightforward enough. My client, a wheel-chair dependent man in his late 60s, had applied to the Boston Housing Authority’s Public Housing Program several years ago. In the last few years he had become very active in his church and neighborhood community and maintained his skills as a former chef. After moving to the top of the wait-list and passing all the neighbor screenings and financial requirements, his application was denied due to an old criminal record.
gathered additional letters of support, analyzed the BHA’s Admissions & Continued Occupancy Policy (ACOP), researched similar cases with favorable outcomes, drafted direct examination questions for my client, and wrote my closing argument. In the two weeks leading up to the hearing, I went over the material with him, reviewed his criminal record, and discussed the changes he had made in his life after his last conviction. My client’s testimony would serve as the strongest source of mitigating evidence so ensuring he felt comfortable answering my direct examination questions was hugely important.
My first thought was that the Boston Housing Authority (BHA) simply did not On the day of the hearing, realize that my client had everything came together. changed his life. I imagined My client was able to clearly that once the BHA saw the communicate with the mitigating evidence, their Hearing Officer and opinion of my client would answered both my questions change. I was surprised to and her questions directly. find that they had already His thoughtful character and reviewed letters of support commitment to his from his former employers and letters from his church community shone through in his testimony. His cousin community. I quickly learned that the Occupancy and his close friend both attended and testified regarding Department at the BHA will not approve an applicant his character. Sixteen business days later we received the who has any criminal record no matter how decision and the denial of public housing was minor or how old the record is. overturned. This wonderful news Fortunately, my client could “Sixteen business days later we meant that my client was placed appeal the decision and contacted back at the top of the wait-list. received the decision and the the Tenant Advocacy Project. denial of public housing was Without the guidance of my I was assigned to his case in overturned. This wonderful supervisor, the general support September and almost four months from the TAP community, and my later (a day before my last exam) news meant that my client was client’s trust and patience, we may we were informed that the Appeal placed back at the top of the not have achieved this outcome. Hearing would take place in two wait-list.” Knowing that unfair decisions can weeks, on the first day that be overturned and indigent individuals like my client can have their voices heard students returned to campus from winter break. has given me much hope and confidence. With due With the guidance of my supervisor, Lynn Weissberg, diligence we can work to ensure that people’s rights to I prepared the case for our hearing. I compiled the receive public housing are protected. mitigating evidence and character reference letters,
CLINICAL AND PRO BONO PROGRAMS
JUDICIAL PROCESS IN COMMUNITY COURTS CLINIC
Students Help Federal District Court Judges Two of the fifteen students enrolled in the Judicial Process in Community Courts Clinic, Lauren Moxley (2L) and Andrew Spore (2L), have had the unique experience of interning in federal district court. Through their clinical placements, Lauren and Andrew have had the opportunity to observe judicial proceedings, perform legal research, write bench memos, proof read orders and opinions, and Lauren Moxley, J.D. ’15 even draft legal opinions. The experience has proven enriching to Lauren and Andrew, who both have an interest in the federal judiciary system. Lauren Moxley is interning with Hon. William G. Young in United States District Court for the District of Massachusetts. “I’ve had an incredible experience thus far,” Lauren said. “I’ve spent the bulk of my time researching and writing on issues relating to a claim for Social Security disability benefits. Though Social Security cases can sometimes be considered some of the more dry issues litigated in federal court, as a first assignment it has been a fascinating and meaningful opportunity to grapple with the legal and factual issues at play.”
Lauren added that the experience has also prepared her for post-graduation plans: “I’m clerking on a federal court when I graduate, so it has been a particularly valuable learning experience—and, frankly, a delight—to observe and work alongside Judge Young and his fabulous clerks.” Andrew Spore is interning in the same court with Hon. Denise J. Casper. “It has been enlightening,” he said. “In addition to observing court proceedings, I have researched and drafted orders related to various Rule 12 defenses, some with very interesting facts. Closely observing the decision-maker at work has been a great experience and has helped me better understand the role of the trial advocate. As a law student, it is easy to sometimes feel an indeterminacy in the law as we are encouraged to argue every issue from both sides. It has been a nice change to be in the position of coming down definitely on one side. I’d certainly recommend it to anyone interested in litigating.” Hon. Judge John C. Cratsley (Rte.) who directs the Judicial Process in Community Courts Clinic, said that he appreciated the opportunities provided by Judges Young and Casper as their judicial placements expand the perspectives offered in the Andrew Spore J.D. ’15 classroom discussion.
Clinical Students Contribute Hundreds of Hours to Massachusetts Judiciary System By Hon. Judge John C. Cratsley (Ret.), Clinic Director Already this semester, students in the Judicial Process in Community Courts Clinic have provided hundreds of hours of research and drafting assistance to judges in the state and federal courts. Budgetary limitations, particularly in the state courts, have reduced the number of full-time law clerks to the point where law student help is invaluable. The Community Courts Clinic places students with judges for an internship experience combined with classroom discussion of issues judges face each day including
sentencing, judicial ethics, the jury, court management and alternative dispute resolution. Students gain the unique opportunity to work alongside a judge, experience firsthand the inner workings of the court system, and see how issues of modern-day society unfold in the courts on a daily basis. Alysa Harder is a 3L student interning with the Suffolk County Superior Court. “I’ve had the opportunity to work on challenging research and writing assignments that matter, and to observe and discuss a wide variety of fascinating high-stakes court proceedings, civil and criminal. This internship has put so much of what I’ve learned in law school into context, and has been both very practical and very intellectually satisfying.” … Continued on page 4
LEARNING THE LAW | SERVING THE WORLD Dayme Sanchez, a 2L student, is interning with Judge Bonnie MacLeod in the same Superior Court. She says that through her internship she has seen what it is like to actually be in a courtroom and present a legal argument before a judge and jury. Dayme describes Judge MacLeod as her role model. “Her mentorship has assisted me tremendously in learning the ins-and-outs of the trial court” she says. “It has prepared me for my future goal of becoming a trial litigator.”
Their work in criminal cases has covered the field, including motions to suppress based on claims of improper identification procedures, improper traffic stops, and violations of the Miranda rules. Students have also worked on motions to dismiss criminal charges and motions seeking discovery of the identity of confidential informants.
All this law student legal research and writing would be unavailable to their judges in the present financial circumstances of the Massachusetts courts. So in addition to the value of the student-judge conversations and the courtroom observations inherent in Dayme Sanchez, J.D. ’15 judicial internships, the Community Students have also made significant contributions to the Courts Clinic is meeting an immediate community courts, including the Boston Municipal Court and need of our local judges. Alysa Harder, J.D. ’14 the Quincy District Court.
Clinic Students Witness Life in Prison By Hila Solomon J.D. ’14 Every week, the students in Judge Cratsley’s Judicial Processes in Community Courts Clinic venture out to different courts in Massachusetts to observe judicial proceedings first-hand and to aid our judges with research and writing projects. While most of us observe primarily criminal proceedings, it is rare that we see how convicted criminals lives are affected post-conviction. We hear people’s stories and are allowed personal peeks into their lives during their trials, but rarely do we have a chance to understand what, in fact, happens to them after they leave the courtrooms. This past Monday, however, we were fortunate enough to get a rare glimpse into the lives of inmates. Judge Cratsley organized a tour of the Middlesex County House of Correction in Billerica, which was led by the House of Correction’s (“HOC”) legal counsel and assistant superintendent. The majority of the tour was spent on understanding the procedural aspects of a prisoner’s experience. We learned about how prisoners are processed from the moment they are brought into the jail, how the jail administrators determine which cell each prisoner will inhabit—primarily through one’s classification, or how serious an offender one is—how the days are spent, and the rehabilitation programs available to the prisoners. The HOC’s legal counsel pointed out numerous legal considerations that affect the prisoners’ daily lives. For example, after a Massachusetts judge toured the jails and deemed double occupancy cells to be borderline unconstitutional, the HOC shifted its rules, allowing only one prisoner per cell from thereon.
“This internship has put so much of what I’ve learned in law school into context, and has been both very practical and very intellectually satisfying.” - A. Harder
Yet, even more interesting than learning about the procedures safeguarding the rights of the prisoners was witnessing their existence within the HOC. We, as a society, put people behind bars and barbed-wire-fences and often forget that they are there. But at the entrance of the HOC, a small play area with a colorful rug and child-sized tables and chairs reminds you—there are people in here; these people have lives outside of these walls. The visit brought the faces of these prisoners to light, at least in my eyes. The first cell we peeped into (the prisoner was not inside), contained a picture of a young, smiling, elementary-aged girl and The Holy Bible. The next cell we strolled past had a small picture with the image of Jesus on it. By the third stall, I felt as if it was wrong to continue to peep in; these are, after all, the prisoners’ homes, as temporary, or bleak, or unreal as they may seem. Visiting the HOC helped me connect the work I have been doing over the semester to the realities that will persist long after my time in the clinic has ended. I recommend that every law student, regardless of an interest in criminal law, make an effort to tour a HOC or prison at some point. Such visits help connect theory to reality, and put practical considerations before us in the midst of an education that is usually highly based in theory. Tomorrow when I go to court, I will understand the weight of the juries’ verdicts, the judges’ opinions, and the lawyers’ work—it is in the protection of our society, but also in the lives of our prisoners. Hila Solomon, J.D. ’14
CLINICAL AND PRO BONO PROGRAMS
CENTER FOR HEALTH LAW AND POLICY INNOVATION
Clinical Fellows and Students Collaborate on PATHS Report By Kristen Gurley J.D. ’15 The Harvard Law School Center for Health Law and Policy Innovation (CHLPI) recently released an insightful and action -oriented report on the landscape of type 2 diabetes in New Jersey. The report, entitled the 2014 New Jersey State Report: Providing Access to Healthy Solutions (PATHS) – An Analysis of New Jersey’s Opportunities to Enhance Prevention and Management of Type 2 Diabetes, serves as a resource for diabetes advocates and offers detailed policy recommendations for the prevention and management of the disease.
diabetes through the state’s food system and health care system. The report provides numerous detailed recommendations, including: making fruits and vegetables affordable and accessible to people in many low-income communities; helping New Jersey children gain access to healthy foods at school; making communities conducive to healthy, active living; providing access to the Diabetes Prevention Program; ensuring access to diabetes selfmanagement education, medical nutrition therapy, and diabetes equipment and supplies; and enhancing care coordination for Medicaid/Family Care enrollees. Amy Katzen, explained, “by ensuring that all New Jerseyans living with type 2 diabetes have the tools, skills, and knowledge to manage their disease, we can prevent many of the most severe complications, keeping New Jersey healthier, happier, and more productive.”
The report was a product of CHLPI’s PATHS project, which aims to strengthen federal, state, and local efforts to improve the type 2 diabetes landscape through strategic law and policy reform initiatives. The PATHS project, funded by the BristolMyers Squibb Foundation through its Together on Diabetes initiative, To promote the PATHS report consists of state-level analyses in findings, CHLPI clinicians and New Jersey and North Carolina, as students traveled to Trenton, New well as federal-level recommendaJersey, to release the report at the tions and state best practices. It is the New Jersey Diabetes Leadership first product of a five year grant Forum, on March 27, 2014. As process, written over the course of Taylor Bates, ‘15 noted, “Ever since eighteen months under the superviI started working on it, the PATHS sion of Clinical Fellows Amy Katzen NJ project has impressed me again of the Health Law and Policy Clinic and again with its thorough research (HLPC) and Allison Condra of on diabetes in New Jersey and the the Food Law and Policy Clinic innovative solutions it offers. This (FLPC), the two divisions of CHLPI. Report co-authors Allison Condra (left) and Amy event showed me that the community Katzen (right) with New Jersey Senate President understands this problem and has the power to solve it. New Jersey has a Fourteen students worked with staff to Stephen Sweeney chance to apply well-researched conduct extensive research and more than fifty interviews with policymakers, government solutions to its growing diabetes epidemic, and based on what agencies, and non-profit organizations that are playing a role I saw at this event we’ll see a lot of progress in the coming in the state’s diabetes response. Their detailed findings years.” highlight the extent of the type 2 diabetes epidemic in New Jersey and provide actionable recommendations for diabetes The report was very well received by state legislators, agency advocates. policymakers, and community leaders. New Jersey Senate President Stephen Sweeney addressed the Forum attendees, “A frightening fact is that New Jersey ranks third in the describing his personal experience with diabetes and telling nation for obesity among low-income children ages two to the audience, “I’m in your corner.” five, predisposing them to a future diabetes diagnosis. Nearly three-quarters of a million New Jersey adults are currently “New Jersey has a very high prevalence of diabetes, with living with the disease,” said Allison Condra. “Our approximately 700,000 people living with the disease,” said recommendations should serve as a resource for diabetes ad- Robert Greenwald, Director of CHLPI and Clinical Professor vocates within the state who are already working to take of Law at Harvard Law School, in addressing participants of action.” the New Jersey Diabetes Leadership Forum. “This number is expected to double by 2025, and it is essential that advocates, The PATHS report first details the impact of type 2 diabetes legislators, and government agencies come together and take in New Jersey, and includes a profile of the state’s action now. Our hope is that the report will support these efdemographics, economy, political structure, and existing forts and provide a resource to those that are already doing institutional capacity to address diabetes. Following this great work to address the prevention and care management assessment, the report identifies existing policies that impact needs of people living with or at risk for diabetes in the state.”
LEARNING THE LAW | SERVING THE WORLD
SEMESTER IN WASHINGTON
Our Semester in Washington By Jonathan Wroblewski, Clinic Director The 2014 edition of the Harvard Law School Semester in Washington has now ended. It’s been a terrific semester full of unusual weather, lots of learning and new experiences, and a few surprises.
and missed a few too. We worked hard at our placements and shared and learned from each other’s experiences. We thought about the ethical responsibilities of the government lawyer and what it means to take care that the laws be faithfully executed, while the President and the Attorney In these last three months, we have tried to model and learn General were regularly being criticized for failing to do so. from great government policy lawyers. We’ve done so by We tried to figure out what makes a great organization great exploring issues arising from our placements and our work in and how leadership figures in to that. We ventured outside the Washington of tourists and government, and also from the monuments and served some of headlines: from data privacy to the people who call marijuana policy; from Washington home. We shared a intellectual property protection few meals together and got to to foreign affairs; from internaknow one another a bit better. tional trade and investment to For each of us, there were crime and justice. We’ve expectations met, expectations learned from one another and missed, and surprises too. from leaders in government and the private sector. We met Most gratifying is that we were fascinating people, including able to create a small community Chief Judge Patti Saris of of learning away from Massachusetts, Justice Elena Cambridge. I have enjoyed Kagan, Chief Judge Ricardo getting to know each of you a bit Hinojosa of Texas, Monika and sharing some of our Bickert of Facebook’s policy shop (and Kaitlin and Emily, too), Congressman Joe experiences over the past three months. Please don’t hesitate Kennedy, and an energetic group of young White House to call on me if there is ever anything I can do for you. For staffers from the Counsel’s Office and the National Security our graduating 3-Ls, my congratulations to you all on a job well done. For our 2-Ls, I will be in Cambridge in the fall to Staff. recruit for our Semester in Washington Class of 2015, and I We’ve looked at what policy making means and the building hope to see some of you there. For all of you, if you are ever blocks that make up rigorous and thoughtful policy making. near the Main Justice Building, please drop me a line and We worked on some critical skills for the policy lawyer and let’s find time to catch up. heard some pretty good “Elevator Pitches.” We visited the Supreme Court and watched two terrific oral advocates argue My best to all. Enjoy the summer! before the Court. We set goals for ourselves; met many; SPORTS LAW CLINIC
Clinic Student and Harvard Team Take First Place in Sports Case Competition On February 8th, Sports Law Clinic student Alex Speaking about his experience in the competition Rosen, ’14 participated in the inaugural Game Day Sports Case Competition, sponsored by “The clinic was a big reason UCLA Anderson School of Management. Alex why I chose to attend HLS and and his team pictured left won first place in the competition, bringing home a $5,000 prize. has given me a head start as I According to the HLS News article, the competition focused on client consulting and negotiation related to the potential move of an NFL franchise to Los Angeles. Eighteen teams comprised of approximately 90 students flew in from around the country to participate in the event, which was judged by leading academics and sports industry professionals.
student. “The practical legal experience I received went above and beyond my expectations and, I believe, was the most efficient use of my “class time” at HLS,” he said. “Professor Carfagna encourages students to find placements that are of interest to them and does not hesitate to tap into his deep network to make look to begin my professional a match. He has also been a great mentor and supporter of other sports law initiatives, career in the area of sports including our Harvard team that attended the law.” Game Day Sports Case Competition. The clinic was a big reason why I chose to attend HLS and and education at Harvard Law School, Alex said has given me a head start as I look to begin my that the Sports Law Clinic provided him with an professional career in the area of sports law,” opportunity to learn about the sports industry said Alex. while still being enrolled as a full-time law
CLINICAL AND PRO BONO PROGRAMS
POST-FORECLOSURE EVICTION DEFENSE / HOUSING LAW CLINIC
Student in Housing Law Clinic Helps Elderly Couple Fight Eviction By K-Sue Park, J.D. ’15 Less than 7 percent of tenants facing evictions have representation in Boston Housing Court, in which around 5000 summary process cases are brought annually. My experience representing one elderly couple, who were the victims of a foreclosure rescue scam, showed me plainly that legal representation makes all the difference for families and individuals facing eviction, and that the foreclosure crisis has also been a crisis in access to legal services.
their own. They are in their seventies and eighties, not very mobile, and one of them had a major stroke since the action was brought against them. Secondly, once at the courthouse, one of them became visibly anxious and afraid. When I tried to review the questions that we had already prepared for direct examination, she could barely speak, her eyes watered, and she held her stomach because she was nervous. Seeing this, the judge did not force them to the stand. I was 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 altogether, resulting in a default judgment for the other side. Under these circumstances, it felt natural and necessary to speak up for them, and to put the training I have received in law school to exactly the use for which it was meant. HLS NEWS
Congratulations to Chris Bavitz and Esme Caramello
My clients were an elderly immigrant couple from the on their Clinical Professor of Law Appointments! British Isles, who at the time of foreclosure, had lived in their house for more than forty years. They had fallen into financial difficulties with a bank loan at the very beginning of the national foreclosure crisis, in 2007. They were desperate for help, and fell prey to a foreclosure rescue scam artist who, unknown to them, had previously been convicted for defrauding single mothers of their welfare checks in the same neighborhood. Through him, third parties took out a new mortgage on their house. Then, he disappeared with the money and the bank foreclosed on the house. Finally, Fannie Mae purchased the house at auction while the elderly couple faced eviction. Subsequently, the Legal Services Center sued the scam artist and his team, and took on the couple’s defense in the summary process case. In late February, on their behalf, I argued that Fannie Mae’s Notice to Quit had been improperly served since our clients were better understood as tenants than homeowners at the time of the foreclosure. Massachusetts law moves in favor of the non-traditional tenant: it considers occupants of a property owned by another, who agrees to their occupation and benefits as a result in a way that he would not otherwise have benefited, to be tenants. Fannie Mae therefore mistakenly evicted them as homeowners, and failed to observe the procedural rights to which they were entitled as tenants. The judge agreed with me, and as a result, the summary process case against them was dismissed. From the beginning of my work on this case, I felt strongly about advocating for the elderly couple. However, I did not understand just how defenseless they were until the day of the hearing. First, we picked them up to bring them to the courthouse since they likely would not have made it there on
“Esme’s experience in tenants’ rights is second to none,” said Harvard Law School Dean Martha Minow. “Under her guidance, students connect practice and theory to solve important legal and policy issues affecting low-income individuals. Passionate and compassionate, her strategic approach ensures that the Harvard Legal Aid Bureau will continue to lead in vital work. And it is wonderful to welcome an HLS alumna onto the clinical faculty!” Read the full story on HLS News. “Chris brings imagination and deep experience in the digital and intellectual property worlds; his wide-ranging knowledge of media and IP law and his talent for creative problem-solving enable our students and colleagues to engage in exciting and meaningful advocacy and policy work,” said Harvard Law School Dean Martha Minow. “His role in Harvard’s Digital Problem-Solving Initiative and in building ties with the University’s i-Lab are models for cross-disciplinary thinking and innovation.” Read the full story on HLS News.
LEARNING THE LAW | SERVING THE WORLD
EXCELLENCE AWARDS Congratulations to the 2014 Winners of the Gary Bellow Public Service Award! “She is diligent, compassionate, and fights very hard for her clients. Just recently she argued a very difficult Motion to Suppress. She was well prepared and responded to all of the judge’s questions, including citing to cases that supported her position. The Judge noted that because of her presentation he would take the case under advisement and re-read the cases cited before making his ruling,” said Kristin. “That’s Jessica in every one of her cases – her dedication and preparation caused the Judge to pause. With all of her CJI cases, the ones assigned to her and the additional ones that she volunteered to take from other David Singleton, ’91, Alum Winner students, she immediately calls the Jessica Frisina, ’14, Student Winner client, sets up an interview and gets On April 16th, Harvard Law School down to work,” she said. student Jessica Frisina (3L) and Alumnus David Singleton, ’91 were honored with In her remarks, Jessica thanked her HLS the Gary Bellow Public Service classmates for inspiring and challenging Award. The award was created in 2001, her these past three years, her clinical in honor of Professor Gary Bellow, a instructors for teaching her what it means pioneering public interest lawyer, to be a zealous advocate, and the Office founder and former Faculty Director of of Public Interest Advising for helping Harvard Law School’s Clinical her realize her dream of pursuing Programs. The awards are presented juvenile justice. She noted that thanks to annually by the HLS student body to all of these people, she is leaving law recognize one third-year student and one school “more energized and motivated graduate who have demonstrated than when she began.” After she excellence in public interest work and a graduates, Jessica hopes to pursue her strong commitment to social justice. passion by advocating for children in Detroit who are at risk of becoming Student winner, Jessica Frisina came to caught up in the school-to-prison Harvard Law School with a commitment pipeline. to public interest but uncertain about what area of law interested her the most. Alum winner, David Singleton, Between conversations with friends and graduated law school in 1991 and now clinical instructors, she came to realize serves as the Executive Director of the her passion for criminal justice and Ohio Justice & Policy Center. He started representing inmates in represents prisoners, making sure they disciplinary hearings through the receive fair treatment, and helps formerly Harvard Prison Legal Assistance Project incarcerated people re-integrate into (PLAP). Jessica spent her 2L summer at society by expanding opportunities for the juvenile Public Defender’s office in them to contribute to their communities. New Orleans and then went on to “You can see the sensitivity in his the Criminal Justice Institute to represent cases,” said Lisa Williams, Associate clients in criminal and juvenile court. Director at the Bernard Koteen Office of Public Interest Advising. “Jess has made my job very easy”, said Kristin Muniz, Clinical Instructor at the Criminal Justice Institute.
“He took the Ohio Justice & Policy Center and transformed it into a Ford Foundation grantee,” she said. Prior to his role as Executive Director, David worked as a public defender for seven years, in Harlem and then in Washington, D.C. Before that, he served as a Skadden Fellow, providing legal services to homeless people in New York. “Professor Bellow was a giant,” David said. “Those of us who get the award are honored to exemplify his qualities.” Dean Martha Minow gave the opening remarks. Sharing the pride with the students, she said she came to the law school in part because of Professor Gary Bellow. His efforts opened up new opportunities for students to gain handson experience with the practice of law. Professor Gary Bellow’s wife and Senior Lecturer on Law, Jeanne Charn, also remarked on his legacy, saying that Gary was firmly committed to greater equity and pushed his students to think deeply and widely about the practice of law.
CLINICAL AND PRO BONO PROGRAMS
EXCELLENCE AWARDS Congratulations to HLS Student Shaina Wamsley on her Ethics Award! Congratulations to Harvard Law School’s Legal Services Center student Shaina Wamsley J.D. ’14, who will receive the 2014 Law Student Ethics Award from the Northeast Chapter of the Association of Corporate Counsel! Daniel Nagin and Roger Bertling of the WilmerHale Legal Services Center, and John Fitzpatrick and Sarah Morton of the Harvard Prison Legal Assistance Project jointly nominated Shania for the award. Together they write:
intakes and cases, her attention to conflicts of interest, her careful explanation to clients of their and our rights and responsibilities, her consistent care with highly confidential medical, personal and legal information, her comprehensive assessments of the broad range of legal issues presented in each case, her thoughtful examination of the social and political contexts implicated, her deeply generous mentoring of several rounds of new clinical students and interns, her insightful and constructive critique of systems and practices, and the intelligent compassion she has shown to each and every individual she has encountered.”
According to The Chapter, the award was created “to recognize and encourage the ethical practice of law at the earliest stages of a young lawyer’s professional career, and at the same time to shine a spotlight on ethics more generally, demonstrating that the legal community values lawyers who are guided by ethical principles. The award, which includes a $1,000 scholarship, is given to twelve students, one from “Shaina … has demonstrated the extraordinary ability each of the participating local law schools, who have required for the honor of this nomination. Shaina has chosen demonstrated an early commitment to ethics through work in to spend hundreds of hours over the past 3 years providing clinical programs representing their first real clients.” direct legal assistance to the poorest, most marginalized and least able of the client populations served through the HLS “It is truly an honor to have been nominated for this award. clinical programs. … Clinical experience is not only about My clinical experience at HLS has been the most rewarding winning: it is about a thirst for learning and honing skills; it is part of my time here” said Shaina. about developing the capacity for self-reflection; it is about challenging perceived notions of how law should and does The Northeast Chapter of the Association of Corporate operate; and, ultimately, it is about taking on the personal Counsel’s Ninth Annual Law Student Ethics Awards dinner challenge of growing into an effective, thoughtful and ethical will be held on April 15, 2014 at the Union Club in Boston. member of the profession. … Her contributions compel this The keynote speech will be delivered by Wayne A. Budd, nomination; her firm adherence to the quiet, less heroic, Senior Counsel at Goodwin Procter LL.P. and Former U.S. everyday practice of ethical lawyering across dozens of Attorney for the District of Massachusetts.
Class of 2014 Chooses Tyler Giannini for its Teaching Excellence Award Posted by Human Rights Program faculty and to witness and learn from. Anyone who works with him can sense the passion that he brings to staff: work. It is evident in the emotion, care, and As friends and colleagues of Tyler Giannini, impeccable commitment to quality that he we are thrilled that the Class of 2014 has invests into everything he produces, from U.S. chosen to award him the Albert M. Sacks-Paul Supreme Court briefs to course syllabi to A. Freund Award for Teaching Excellence. All student role-plays. Tyler works this way of us appreciate and benefit so much from his because he cares deeply about teaching his vision and commitment to our clinic and students to be thoughtful and effective human program–as a human rights advocate, a rights practitioners, and because he believes so clinician, and an innovator in the field and in strongly in the value of the work that he does the classroom. It is wonderful to see his dedica- each and every day. tion to his students recognized with this award. We are moved and beyond excited that Tyler Tyler is a rare find, a triple threat: an advocate- has received this well-deserved recognition. teacher-scholar who embraces all these roles We couldn’t be prouder of him. Thank you, and finds in them a harmony that is truly a joy Class of 2014.
LEARNING THE LAW | SERVING THE WORLD
CLINICAL SPOTLIGHT EMILY LEUNG, Albert M. Sacks Clinical & Advocacy Fellow, Harvard Immigration & Refugee Clinic I have been working with the Harvard Immigration and Refugee Clinic since the fall of 2010. I have practiced immigration law since I finished law school and feel very fortunate that I found an area of the law that I find incredibly interesting and fulfilling. I am an immigrant myself and can relate to some of our clientsâ€™ experiences. At the clinic, I supervise students on cases of asylum seekers and other immigrants pursuing humanitarian relief and also work with our Clinical Director, Professor Deborah Anker, on an immigration policy course.
their stories and being able to help them is a humbling experience. Our students are also very bright and dedicated and for many of them, working in the clinic is their first time developing a deep connection to a client. I really enjoy helping students cultivate their skills and client relationships over the course of the semester. In terms of notable projects, I am very excited about an alternative spring break trip that my colleague, Phil Torrey and I have organized. We are taking a group of HLS students to work with the humanitarian group No More Deaths in the Arizona desert. No More Deaths works to end the suffering and deaths of migrants on the U.S./Mexico border through civil initiative. I also really enjoy the immigration policy course because we invite notable advocates, practitioners and scholars to speak about immigration, social change and their important work.
Outside of work, I enjoy cooking, reading, skiing (in the My favorite part of the job is working with our amazing clients winter), hiking (in the summer), and spending time with family and students. Our clients are a true inspiration and hearing and friends.
SHAUN GOHO, Lecturer on Law and Senior Clinical Instructor Emmett Environmental Law and Policy Clinic I have been working with the clinic since the summer of 2008. Itâ€™s hard to believe that it has already been close to six years. In terms of substantive environmental issues, I am particularly interested in the regulation of shale gas and shale oil extraction as well as the promotion of renewable energy. From a procedural perspective, I am interested in citizen enforcement of environmental laws and the doctrines that govern access to the courts. I also have an interest in environmental history. In the clinic, we have done a number of projects over the last few years in connection with shale gas and shale oil extraction. I mention an ongoing project below. Previous projects have included an investigation of the authority of municipalities to regulate, limit, or ban oil and gas extraction within their borders and the preparation of a guide for landowners who are negotiating with oil and gas company that wants a lease to drill on their land. As for renewable energy, we have been litigating for several years over the ability of renewable energy contractors to contract for, supervise, and perform the non-electrical portions of solar photovoltaic (PV) installations in Massachusetts. Last year, we also wrote a white paper suggesting ways to eliminate the current uncertainty over the scope of the property tax exemption for solar PV projects in the Commonwealth.
the Clean Water Act, the deregulation of Roundup-Ready Alfalfa by the Department of Agriculture, and the regulation of hazardous air pollution from power plants under the Clean Air Act. Most recently, we filed an amicus brief in the winter term on behalf of Calpine Corporation in the U.S. Supreme Court greenhouse gas permitting case, UARG v. EPA. We are finishing up a paper with recommendations for ways that state agencies can improve their processes for responding to complaints about water contamination associated with oil and gas development. In another project, we are attempting to identify best practices for state and federal programs that promote conservation easements, either through providing tax breaks or through direct monetary grants. In a third project, we are examining the legal authority to create microgrids under Massachusetts public utility law.
Outside of work, I like to run, hike, read, go to movies and concerts, and hang out with my I have also worked with students on a number of amicus briefs family. over the last couple of years, including ones in cases involving the regulation water pollution from active logging roads under
CLINICAL AND PRO BONO PROGRAMS VETERANS LAW CLINIC
A Warm Welcome to Betsy Gwin The Office of Clinical and Pro Bono Programs would like to offer a warm welcome to Betsy Gwin, a new Attorney and DAV Charitable Service Trust Fellow with the Veterans Law Clinic. Previously, Ms. Gwin was a Staff Attorney in the Child and Family Law Division of the Committee for Public Counsel Services. Ms. Gwin received her law degree from Georgetown University Law Center in 2011. While in law school, Ms. Gwin was Editor-in-Chief of the Georgetown Journal on Poverty Law and Policy and worked as a research assistant in the Federal Legislation and Administrative Law Clinic. Ms. Gwin completed internships during law school at the Legal Aid Society of D.C., the Poverty and Race Research Action Coalition, and the American Bar Association’s Center on Children and the Law. Prior to law school, Ms. Gwin served as an AmeriCorps Paralegal at Cambridge and Somerville Legal Services, where her work focused primarily on disability benefits advocacy. Ms. Gwin previously volunteered as a grant-writer to raise funds for children of fallen soldiers in Massachusetts and assisted patients at a veterans’ treatment program in Syracuse, NY. She graduated in 2006 with a B.A. in Anthropology summa cum laude from Syracuse University, where she completed her Honors Thesis on veteran culture. SPRING BREAK PRO BONO TRIP
In Photos: Death in the Desert The Humanitarian Crisis on the U.S./Mexico Border During spring break, Harvard Law students and clinicians worked with No More Deaths, an organization that provides humanitarian aid to migrants crossing the U.S.Mexico border. Photos on the left depict their journey into the Arizona Desert. You can read more about their experiences in the Harvard Law Record article ‘Confronting Unjust Immigration and Border Policies in the Arizona Desert’ written by Sima Atri and Emma Scott here.
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PAGE 11 CLINICS IN THE NEWS HARVARD LEGAL AID BUREAU HLAB Inspires Truman Scholarship Student to Pursue Career in Public Service According to He, working for the Harvard Legal Aid Bureau helped him develop an interest in urban devel opment and housing. He has focused his efforts on the Bureau’s Eviction Defense Clinic, which runs a free legal services clinic for families in Boston facing eviction. CYBERLAW CLINIC Cyberlaw Clinic Teams w/WGBH to Support Boston TV News Digital Library The Cyberlaw Clinic has teamed up with WGBH to support the extraordinary Boston TV News Digital Library project. The project, funded by the Institute of Museum and Library Services and the Council on Library and Information Resources, is a collaboration among the Boston Public Library, Cambridge Community Television, Northeast Historic Film and WGBH Educational Foundation that aims to bring to life local news stories produced in and about Boston from the early 1960’s to 2000. SHAREHOLDER RIGHTS PROJECT Shareholder Rights Project Announces Major Results The Shareholder Rights Project (SRP) is a clinical program operating at Harvard Law School and directed by Professor Lucian Bebchuk. The SRP works on behalf of public pension funds and charitable organizations seeking to improve corporate governance at publicly traded companies, as well as on research and policy projects related to corporate governance. HARVARD IMMIGRATION & REFUGEE CLINIC HIRC at GBLS Defends Rights of Local Immigrants John Willshire-Carrera and Nancy Kelly, Co-Managing Directors of HIRC at GBLS, with their students and colleagues, continue their work on behalf of asylees and immigrants. HIRC co-writes Amicus Brief on Gang-Based Asylum Case The case of Jose Fuentes-Colocho highlights the complexities of cases involving youth fleeing gang violence. Fuentes-Colocho sought refuge from El Salvador as a teenager after being repeatedly persecuted by Mara Salvatrucha (MS-13). PROJECT NO ONE LEAVES Harvard Law School’s Project No One Leaves Hosts Conference on Continuing Foreclosure Crisis The conference brought together community organizers, attorneys, and activists from around the United States to share and discuss strategies for defending those threatened by or going through foreclosure.