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March, 2014 | Issue III

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

IN THIS ISSUE: Cyberlaw Clinic

Harvard Immigration and Refugee Clinic

Education Law Clinic/ TLPI

Harvard Defenders

Emmett Environmental Law and Policy Clinic

Transactional Law Clinics

Food Law and Policy Clinic

Spring Break Pro Bono Trips

Harvard Legal Aid Bureau

Sports Law Clinic

Harvard Negotiation and Mediation Clinic

Clinical Spotlight


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HARVARD LEGAL AID BUREAU

HLAB Students Take Hague Convention Case to Trial

By Nicholas Pastan, 2L

In early December, Nick and Breana received notice from the U.S. State Department that the children’s father had filed a petition pursuant to the Hague Convention in Federal District Court in Massachusetts. At first, Nick and Breana questioned whether they had the ability to prepare for and execute a highstakes federal court trial in only six weeks while juggling exams and winter break. “We sat down with our clinical instructor and looked at the schedule,” Nick said. “We realized that under the Hague Convention, the case had to go to trial in no more than six weeks. That meant that our answer, our entire discovery, our trial briefs, and our witness preparation had to start immediately. That’s the amazing thing about HLAB; the second we looked back and said we wanted to represent this woman the whole organization got on board to help.”

On January 28, 2014 Harvard Legal Aid Bureau After hours of working with the client and an expert witness (HLAB) student attorneys Nicholas Pastan ‘15 and from Children’s Hospital in Boston, they realized that they Breana Ware ’14 found themselves conducting a trial in had two defenses: that the petition should be denied because federal court and asking a Judge to decline to enforce a Canada was not the children’s habitual residence prior to rePetition brought against their client pursuant to the moval by the mother; and enforcing it would subject the chilHague Convention on the Civil Aspects of International dren to a grave risk of physical or psychological harm or exChild Abduction. In a one-day trial in the United States pose the children to an otherwise intolerable situation. District Court for the District of Massachusetts, Nick and Breana helped their client testify about the years of After presenting evidence on each of these issues at trial, Nick sexual and emotional abuse she and her children sufand Breana submitted proposed findings of facts and rulings fered. They fled in mid September, of law. They are now waiting for a date to re2013, when they walked across the turn to court for closing arguments. “Although “It’s a clinical Canadian border to the United States. the experience of trying this case as a law stuexperience that truly dent is exciting in and of itself,” Nick said, Although Nick and Breana knew from allows students to “the most rewarding part was working with the beginning that this case was not the flourish and develop our client late into Sunday evenings or through typical HLAB case, they never imagthe day on New Year’s Day to make sure that their advocacy skills ined that they would find themselves in we were giving her the best chance to protect a federal courtroom only twelve weeks through work on her kids and start a new life. Although the cliafter signing on as the client’s student difficult cases that have ent and I don’t even speak the same language attorneys. In fact, in October 2013 real impacts on people’s (she speaks Haitian Creole and French), we HLAB only accepted the case to help were able to work together to tell her story and lives.” the client procure a G.L. 209A abuse (hopefully) help the Judge understand the prevention order against her ex partner. gravity of her situation.” Nick appeared on the client’s behalf at the 209A hearing but soon realized that the case impli“Being able to do a direct examination of a witness before a cated the Hague Convention on the Civil Aspects of In- federal judge was both terrifying and exhilarating,” said ternational Child Abduction. Breana, “ I can now say that I’ve had an experience few lawyers get, and I think that’s one of my favorite things about the The Hague Convention applies when a parent removes a Harvard Legal Aid Bureau. It’s a clinical experience that truly child who is a habitual resident of one contracting coun- allows students to flourish and develop their advocacy skills try to another contracting country in violation of another through work on difficult cases that have real impacts on peoparent’s custody rights. However, the Convention does ple’s lives.” not apply if returning the children to the first country would subject them to a grave risk of physical or psychological harm or expose them to an otherwise intolerable situation.


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Winning an Injunction Against Freddie Mac By: Nicole Summers J.D. ’14 On December 10, 2013, I argued for a there. Freddie Mac’s denial of the offer is in violation of a new preliminary injunction in federal district state law, G.L. c. 244 § 35C, which explicitly prohibits any limicourt to prevent the evictations on selling homes back to foreclosed homeowners. tion of Mr. and Mrs. Suero The Sueros’ The law went into effect in November 2012 in order to proand their three children and case is one of tect homeowners and stabilize communities after the forehalt the sale of their Dorthe first in the closure crisis. The Sueros’ case is one of the first in the state chester home. In 2010, the state to test to test this new law and to enforce it against Freddie Mac. Sueros fell upon hard times this new law Ultimately, the Sueros are petitioning the court to order and their house was foreclosed. They continued to and to Freddie Mac to sell their home to Boston Community Capifight to stay in their home, enforce it. tal, which will in turn allow them to regain ownership. I am and soon obtained a loan from local non-profit Bos- against encouraged and hopeful that the judge’s decision will lead ton Community Capital to repurchase it from Fred- Freddie Mac. to meaningful enforcement of this important law. It was die Mac, the bank that bought it at foreclosure. exciting and challenging to argue in federal court, and it was a wonderful experience to do so on behalf of the Sueros, The Sueros found their way to the Harvard Legal Aid Bureau who have fought so hard to remain in their home and rebound when Freddie Mac denied Boston Community Capital’s offer to from the foreclosure crisis. repurchase their home because of the Sueros intention to stay SPRING BREAK PRO BONO TRIPS

Spring Break Dispatch: Students Volunteer at the Legal Advocacy and Resource Center By Sharon Kim J.D. ’16 This past week, I had the of due process. For several days, I worked on a booklet to opportunity to volunteer be eventually distributed to tenants. This booklet would with four other students inform them of their rights and provide guidance if they from HLS at the Legal chose to advocate for themselves in court. I find the issue Advocacy and Resource fascinating, and I hope to pursue more research in housing Center (LARC) in Bos- law and tenant rights during my time at HLS. ton. The group primarily assisted the organization I loved my time at LARC, and I am very grateful for having with its criminal been provided the opportunity to serve the record sealing “It amazed me Greater Boston community. I’m very thankful project and guid- that people from to my colleagues, who reminded me on a daily ed clients all different basis how fortunate I am to be a part of the through the process of getting convictions and other walks of life HLS community. From our conversations cases on their criminal records sealed. For certain could come alone, I learned about the conservative nature of clients, we conducted preliminary intake interviews together in the Japanese culture, the sprawls of ‘Atlanta,’ and and provided information on how they could obtain way we did for a the energy industry and its regulatory frametheir CORI record. For those who did have a copy common cause.” work in the Philippines. It amazed me that peoat hand, we helped them determine which charges ple from all different walks of life could come could be sealed. We also explained the procedure to together in the way we did for a common cause. them. For those who needed to present their case in front of Most importantly, I owe my gratitude to our supervisors a judge, we helped draft an affidavit detailing the challeng- Steve and Pauline and the rest of the LARC team, who es they had faced in acquiring employment and new hous- were extremely generous with their patience and time. They ing because of their criminal record. taught me the most important lesson of all: that people, regardless of where they come from, just need someone there Separate from the CORI work, one of my other projects to listen to their story and help carry their burden. That dealt with the invocation of nuisance law by landlords to grace and passion can be found through and from the work initiate injunctions for eviction, thereby depriving tenants you commit yourself to. I hope that in the future, I can be of their right to discovery and other procedural guarantees an inspiration to others as those at LARC have been to me.


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Congratulations Weiler Award Recipients!

David Loveland 3L

On February 21st, four Harvard Law School students – Michael McGregor (2L), Daniel McMann (3L), Daniel Loveland (3L), and Russell Yavner (3L) – were honored with the Weiler Awards presented at the Committee on Sports and Entertainment Law’s 2014 Symposium. The Awards are presented annually to eligible students who have participated in the HLS Sports and Entertainment Law Courses, in the Committee on Sports and Entertainment Law and the Journal on Sports and Entertainment Law activities, as well as clinical placements through the Sport Law Clinic. The Weiler Scholar Award, presented in honor of Professor Emeritus Paul C. Weiler was given to Daniel McMann and Daniel Loveland.

Daniel McMann 3L

Michael McGregor 2L

Russell Yavner 3L

“I am honored and humbled by this award and by the nomination from Professor Paul Weiler and Professor Peter Carfagna. Working with Coach Jerry Forton of the Harvard Crimson men’s hockey team as part of the Sports Law Clinic was a highlight of my time at HLS” said Daniel McMann. “The clinic was a great combination of work and play as it allowed me to connect my classroom training and legal skills with one of my favorite past-times, hockey, through close examination of current amateurism and eligibility issues of college sports. Professor Weiler and his family, Professor Carfagna, and all the incredible HLS Alums who contributed to endow these awards are the heroes here; their support for the study of sport law and the students of Harvard Law School cannot be thanked enough” he said.

tion to students in creating such a tremendous program” he said. After graduation, Dan will clerk for Judge Raymond Gruender of the US Court of Appeals for the Eighth Circuit. The Weiler Writing Prize was given to Michael McGregor and Russell Yavner. “I am privileged and honored to be one of this year’s recipients of the Weiler Writing Prize” said Michael who has a passion for writing and a great interest in Ambush Marketing and Intellectual Property. “It has been refreshing and rewarding to garner the approval and respect of Professor Carfagna and the Journal of Sports and Entertainment Law” he said. Speaking about his experience with the Sports Law Clinic, Michael said “the clinic has not only given me the opportunity to foster a professional relationship with America’s premier sports league [The National Football League] but it has also given me great insight into both how a sports league operates and the variety of complex issues that lawyers in this exciting field of law encounter.”

Russell Yavner who worked with the attorneys for the Brooklyn Nets and Barclays Center was also thrilled and honored to win the Writing Prize. He said “I am grateful to Professor Carfagna for his guidance, encouragement and friendship. I have been very fortunate to participate extensively in HLS’s Sports Law Clinic, where I have worked with attorneys who are a true all-star legal team and who have taught me how to negotiate a deal, draft a 3L Daniel Loveland, who also expressed his graticontract and litigate a claim.” tude enrolled in Professor Carfagna’s Sports and Law course as a 2L student and subsequently worked for the Philadelphia Eagles through the The theme for this year’s symposium was on social media and the intersection of business and law. FolSports Law Clinic. lowing the Weiler Awards, Harvard Law School Alumnus and WWE wrestler, David Otunga, gave “It is a fantastic opportunity that we have at Har- the keynote speech. Professor Paul C. Weiler, who vard to dive into the Sports industry through both retired in 2008 after 26 years of teaching at HLS, course and clinical work. I was able to benefit from also made an appearance and was greeted by enthuProfessor Carfagna and Professor Weiler’s dedicasiastic applause.


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EXCELLENCE AWARDS WILMERHALE LEGAL SERVICES CENTER

Lawyers Weekly names Julia Devanthéry an “Up and Coming” Honoree The Massachusetts Lawyers Weekly has announced that Julia Devanthéry, Staff Attorney at the Wilmer Hale Legal Services Center has been selected as an “Up and Coming Lawyer”. She will be honored for her contributions to the legal community on May 1st, at the Annual Massachusetts Lawyers Weekly’s Excellence in the Law event.

member ever since. Her colleagues describe her as a person with great strength, conviction, and initiative.

Prior to joining the Legal Services Center, Julia served as the Manager of Legal Advocacy at HomeStart, Inc. where she represented low-income tenants facing homelessness. She has also worked as a Clinical Law Fellow at Northeastern University Julia joined the Legal Services Center as School of Law’s Domestic Violence InstiStaff Attorney for the Mattapan Initiative tute. Julia received her juris doctor from Northeastern School of Law in 2009. in 2013 and has been an invaluable

HARVARD DEFENDERS

Congratulations to our Friend and Colleague John Salsberg on his Clarence Gideon Award! On Wednesday, John Salsberg was honored with the Clarence Gideon Award. Presented from time to time by the Massachusetts Association of Criminal Defense Lawyers, the award recognizes champions of the noblest principle that all persons shall stand equal before the law.

those accused of crime.

His influence is far reaching – in addition to representing clients and his work with Suffolk Lawyers for Justice, the bar associations and the courts, he has been the Clinical Supervising Attorney for Harvard Defenders since 1985 where he has trained more than 1,000 Harvard Law School students to become thoughtful, As a teacher and public defender, John zealous, ethical, and competent lawyers. The Salsberg has always worked tirelessly award is a testament to his dedication, incredito ensure justice and due process for ble teaching and mentorship over the years.

INSPIRING CLINICIANS Exhibition entitled Inspiring Change, Inspiring Us, sponsored by HLS, the International Development Society, and the Women’s Law Association. The exhibit features women in the field of law and policy and recognizes the work they have done to inspire and pave the way for others.

In celebration of International Women’s Day, Harvard Law School is hosting an inaugural Photo Exhibition entitled Inspiring Change, Inspiring Us, sponsored by HLS, the International Development Society, and the Women’s Law Association. The exhibit features women in the field of law and policy and recognizes the work they have done to inspire and pave the way for others. In celebration of International Women’s Day, Harvard Law School is hosting an inaugural Photo

Students, faculty and staff nominated each woman for being an inspiration to his or her career. Among the portraits of judges, activists, public servants, corporate lawyers and businesswomen from across the globe, four of our clinicians – Esme Caramello ’99, Emily Board Leib ’08, Stephanie Goldenhersh, and Maureen Devine – were featured for their excellent work and mentorship.


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CLINICAL SPOTLIGHT TRANSACTIONAL LAW CLINICS

Amanda Kool, Attorney and Clinical Fellow I began working in the Transactional Law Clinics in August of 2012. I’ve always been drawn to transactional law, as I like the idea of people working together to accomplish a common goal – though those people may have different ideas about how to get there! The lawyer’s role is to navigate the legal path to that common goal, and I enjoy that process. In our clinic, we assist clients with small business and nonprofit legal matters, real estate transactions, entertainment law matters, and projectbased work intended to foster community economic development. I also work with the Recording Artists Project, which is a student practice organization.

local nonprofit organization that works in the area of affordable housing, and together we are putting together materials to assist people who own condos understand the legal implications of belonging to a condo association. When condo associations fail to properly function, buying and selling those units can become impossible, which stifles economic development in the community. Through the project, we hope to reach people facing these issues and help them out of a tough spot, whether through the written materials, community workshops, or by assisting them with direct legal representation in the clinic. The best part about my job is the constant interaction I have with interesting people. Most of our clients are entrepreneurs, and their passion is palpable — helping them on their journey from business idea to reality is such a joy. Our students are a brilliant, tenacious team, and it’s a thrill to witness how genuinely invested they are in their clients and projects. I am also grateful to work alongside Brian Price, Jim Jacobs, Joe Hedal, and the other clinicians across HLS, as they are excellent lawyers, committed teachers, and invaluable sounding boards.

When I’m not working, I like to be outside as much as posThis semester I have six students in the Community Enter- sible, whether spending time with my husband and dog or prise Project, which is a division of the Transactional Law taking a long bike ride. Clinics. One of our projects involves a partnership with a

TRANSACTIONAL LAW CLINICS

Alexander Horn, Office Administrator I began working in the Education Law Clinic (TLPI) and the Transactional Law Clinics (TLC), in the summer of 2012. I am the administrator for two Clinics, which means balancing the educational and administrative needs of both clinics, while also seeking to foster a congenial work environment for students. This semester I am supporting TLPI’s legislative advocacy efforts, trying to get a bill passed in Massachusetts legislature. For TLC, I am supporting the Clinic’s commitment to providing quality legal assistance, for business and non-profit formations and contracts; real estate sales; and entertainment law, including the Recording Artists Project (RAP).

This semester TLPI is working on a campaign to get a Massachusetts Bill, H3528: An Act Relative to Safe and Supportive Schools, passed in the legislature. Students are doing a lot of the leg work, but there is also a website and digital campaign to attend to. TLC is in the process of growing the Community Enterprise Project (CEP), which in conjunction with the Harvard Food Law and Policy Clinic and the Boston Mayor’s Office, released a Food Truck Legal Toolkit. Between the two Clinics, there’s always something engaging happening, which has an impact in the Boston area (and occasionally further afield). I enjoy working with students. This may be because I grew up on a university campus (the University of the South Pacific, in Fiji), and that I come from a long line of teachers (my grandparents were New York City public school teachers and a Minister of Education).

While I am not a lawyer, I have found that the study and practice of I enjoy live music and dancing, because I find it much more enterlaw, touches on almost every aspects of life, and can be a connection taining than spending time in a gym! In the winter, it is also an effecbetween disparate fields of inquiry. tive way at keeping the cold at bay (however momentarily).


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CLINICAL SPOTLIGHT CYBERLAW CLINIC

Kit Walsh, Clinical Instructional Fellow The laws that govern information are the laws that govern how we express ourselves, make sense of the world, and debate the course of our society. I specialize in this area because I am an activist at heart. I love helping individual clients protect their rights to speak and associate freely and I’m also very proud of our impact work helping courts understand how to protect constitutional rights and values in the context of new technology.

We are working to invalidate their “podcast patent” and protect the medium they are threatening. In terms of recent results, the Supreme Judicial Court agreed with us just last month that a warrant is required for police to track your location using your cell phone, which again is part of my work to maintain a wholesome relationship between the state and its people.

I love the incredible variety of subject matter that I get to touch upon and the variety of viewpoints brought to very challenging, novel issues by my students and colleagues. Our broad range of practice areas and expertise lets us respond to This semester, my docket is particularly heavy with a variety emerging issues and help to shape the law, and engage stuof activist and scholarly organizations who need legal help in dents in thinking about the public interest aspects of the law order to launch or preserve their online platforms. With regard governing information. to high-profile matters I’m working on, there is a “patent troll” asserting that no one can distribute episodic audio con- For fun, I play collaborative story games with friends, make tent over the Internet without their permission (for example, exotic smores, entertain my two cats, agitate for social justice, newscasts, radio drama, or talk shows). and try at least one new thing every month. This past month was a high-ropes obstacle course.

CRIMINAL JUSTICE INSTITUTE

Robert Proctor, Clinical Instructor This is my third academic year teaching at Harvard Law School’s Criminal Justice Institute (CJI).

A few months ago, with the help of Boston College Law School’s Post Deportation and Human Rights Project, we successfully represented a client whose conviction was vacated, enabling him to return to the U.S. and reunite with his family. It was a long journey My legal interests include criminal law and I am still on could nine. and procedure, indigent defense representation, street law, and civil rights. At I work with amazing people at CJI. Under the strong leadership of CJI, under the supervision of four clini- Professor Ron Sullivan and Deputy Director Dehlia Umunna, we cal instructors including myself, our stu- strive to maintain positive energy and a supportive workplace for dents represent indigent defendants the students to better serve our clients. My colleagues and students charged with misdemeanors and felonies are intelligent and highly motivated and truly want to improve the in the Commonwealth of Massachusetts. world. The students are passionate about providing zealous advocaThe Clinical Instructors also provide cy for our most vulnerable citizens, and are easy to teach. It is very consultation and representation to people inspiring, yet humbling for me to have the opportunity to who contact us for legal assistance locally and nationally. We rep- work closely with such committed and fine people on a daily basis. resent everyone from Harvard students charged with crimes or under investigation to people who have been deported because of a When I am not working I try to spend as much time as I can with criminal conviction. my three beautiful daughters. I love any kind of physical activity whether it is working out at the gym, running outdoors, or playing Currently, our clinic is in full swing and I am overseeing approxi- basketball. I am very competitive. One of my goals is to compete in mately 50 criminal cases scheduled for substantive motion hearing a tough mudder competition. I also love cooking and I enjoy rolling or trial in the next two months. On the research and writing front, I up my sleeves and taking on little projects around the house which am outlining a paper on integrating critical legal studies and peda- usually require me to hire a professional to fix later. gogy with clinical legal education.


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EMMETT ENVIRONMENTAL LAW AND POLICY CLINIC

A Warm Welcome to Katie Ryan The Office of Clinical and Pro Bono Programs is happy to welcome Katie Ryan, a new Staff Attorney with the Trauma and Learning Policy Initiative and Education Law Clinic. Katie graduated from the University of Virginia School of Law. She was an Echoing Green Fellow, high school teacher, and program associate at the Edna McConnell Clark Foundation’s Program for Student Achievement before returning to the University of Virginia. In 2004, Katie joined the Child Advocacy Clinic at UVA and supervised students in casework involving issues of special education, school discipline, and juvenile justice. She later developed and ran a pro bono program that was a partnership of the University of Virginia School of Law, the Legal Aid Justice Center’s JustChildren program, and Virginia law firms. In this position, Katie supervised law students to interview and provide advice to callers to JustChildren’s intake line. She also referred cases to and mentored private attorney and law student teams who provided pro bono representation to parents and children in special education, school discipline, and juvenile justice matters. In addition, Katie represented clients in special education and school discipline cases and worked with law students on a variety of policy and legislative initiatives to improve educational outcomes for disadvantaged students in Virginia.

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CLINICS IN THE NEWS INTERNATIONAL HUMAN RIGHTS CLINIC

Clinic Calls on Myanmar Military to Reform Policies to Prevent Unlawful Attacks on Civilians March 24, 2014, Yangon, Myanmar— The Myanmar military must reform policies and practices that threaten civilian populations in the country, the International Human Rights Clinic at Harvard Law School said in a memorandum released to day. CYBERLAW CLINIC:

CoSN Teams with Cyberlaw Clinic on Privacy Toolkit Friday, March 21, 2014, the Consortium of School Net works (“CoSN”), with the help of the Cyberlaw Clinic, released an in-depth, step-by-step privacy guide — the “Protecting Privacy in Connected Learning Toolkit” — to help school system leaders navigate complex federal laws and related issues. TRAUMA AND LEARNING POLICY INITIATIVE:

Bill would light way for safe, supportive schools All children need safe, supportive school environments to learn and achieve their full potential. But schools find it challenging to coordinate and implement an array of important initiatives, including not only anti-bullying programs but dropout, truancy, and violence prevention; positive discipline; and support for social and emotional development. EMMETT ENVIRONMENTAL LAW & POLICY CLINIC:

Changing the Climate of Environmental Law After the Deepwater Horizon oil spill in the Gulf of Mexico and the ensuing reorganization of the Depart ment of the Interior, Frances Ulmer, a member of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, turned to Harvard Law School’s Emmett Environmental Law and Policy Clinic. HARVARD NEGOTIATION & MEDIATION CLINIC

St. Patrick’s Day Parade: Let’s Forget About Marching — Instead, Let’s Talk In our view, this arrangement was a classic example of dividing the baby: it left both sides unhappy and assured that no one’s interests were satisfied. Though some say that the mark of a good resolution to a dispute is that everyone is a little bit unhappy, we disagree. FOOD LAW AND POLICY CLINIC

VISIT OUR BLOG LEARNING THE LAW | SERVING THE WORLD blogs.law.harvard.edu/ clinicalprobono

Food is medicine In the continuing debate about how to control soaring healthcare costs, poor nutrition and lack of access to healthy food are routinely ignored. This is the case de spite the fact that in a country as wealthy as the United States, one in three patients nationwide enters the hospital malnourished, adding a host of additional health challenges to patients’ prognoses and millions in additional health care costs. HARVARD IMMIGRATION & REFUGGEE CLINIC

Ugandan Domestic Violence Survivor Granted Asylum A woman suffering severe domestic violence at the hands of her husband fled Uganda and sought asylum in the U.S. With HIRC’s Albert M. Sacks Clinical Teach ing and Advocacy Fellow Emily Leung and HIRC stu dents Mevlude Akay (LLM ‘14) and Katie McCarthy (JD ‘15) arguing her case in the Boston Immigration Court, this client was granted asylum in October 2013.

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